Los Angeles — 2024-08-22

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

10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to First Amendment to MOU\non Parcels B & C with LADWP:\nProperty: Wilmington development (involves dozens of different parcels in\nWilmington)\nCity Negotiators: Michael Galvin\nTenant Negotiator: Adriana Rubalava (LADWP RE Director)\nNegotiating Parties: LADWP and POLA\nUnder Negotiation: MOU Amendment

11. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Assignment and\nAssumption of Grant Agreement with LA County and Housing Authority of City of Los\nAngeles (HACLA):\nProperty: Harbor Blvd. in San Pedro from 5th to Swinford\nCity Negotiators: Michael Galvin\nTenant Negotiator: Jenny Scanlin (HACLA Director)\nNegotiating Parties: HACLA, LA County and POLA\nUnder Negotiation: Grant agreement from LA County

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 LEGAL COUNSEL – INITIATE LITIGATION\n(Subdivision (d)(4) of Government Code Section 54956.9) (1 case)\nInitiation of litigation pursuant to subdivision (d)(4) of Section 54956.9: (one case)

6. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO 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)

7. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION\n(Subdivision (d)(1) of Government Code Section 54956.9) (2 CASES)\nThe People of the State of California, acting by and through the Los\nAngeles City Attorney, and The City of Los Angeles v. Monsanto Company et al.\nLos Angeles Superior Court Case No. 22STCV07958\nCity of Los Angeles v. Certain Underwriters at Lloyds, London et al.\nLos Angeles Superior Court Case No. BC588876

8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Trapac, LLC, Permit 881:\nProperty: 630 West Harry Bridges Blvd., Wilmington\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Ron Triemstra\nNegotiating Parties: City and Trapac, LLC\nUnder Negotiation: Price and Terms

9. 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\nYusen Terminals LLC:\nProperty: 701 New Dock Street, Terminal Island\nCity Negotiators: Michael DiBernardo/Marisa Katnich\nTenant Negotiator: Alan McCorkle\nNegotiating Parties: City and Yusen Terminals LLC\nUnder Negotiation: Price and Terms

1(b) RESOLUTION NO. ____________ - ISSUANCE OF A NON-APPEALABLE LEVEL II\nCOASTAL DEVELOPMENT PERMIT (NO. 24-04) TO THE PORT OF LOS ANGELES FOR\nTHE BERTHS 302-305 ON-DOCK RAIL YARD EXPANSION PROJECT\nSummary: Staff requests that the Board of Harbor Commissioners (Board) approve a Level II non-\nappealable Coastal Development Permit (CDP) No. 24-04 to the City of Los Angeles Harbor\nDepartment (Harbor Department) for the proposed Berths 302-305 On-Dock Rail Yard Expansion\nProject (proposed Project). The proposed Project outlined in Application for Port Permit (APP) No.\n200602-086 will add five new loading tracks, expanding the Fenix Marine Services Container on-\ndock rail yard loading tracks from nine to fourteen. The new loading tracks would allow the facility\nto transport an additional 520,000 Twenty-Foot Equivalent Units (TEU) by rail per year that would\nhave otherwise left the facility via heavy-duty truck. On February 14, 2020, the U.S. Department of\nTransportation Maritime Administration (MARAD) awarded approximately $18 million of Port\nInfrastructure Development Program funds, and, on December 3, 2020, the California\nTransportation Commission awarded approximately $19 million of Trade Corridor Enhancement\nProgram funds, toward the proposed Project. In aggregate, approximately $37 million in grants have\nbeen awarded, approximately $15 million less than the anticipated total project cost of the\napproximately $52 million. The Harbor Department is financially responsible for the proposed\nProject.\nRecommendation: Board resolve to (1) hold a public hearing for the proposed Coastal Development\nPermit No. 24-04, a non-appealable Level II permit; (2) find that the Director of Environmental\nManagement has determined that the proposed action has been previously evaluated pursuant to\nthe California Environmental Quality Act (CEQA) in accordance with Article II, Section 2(i) of the\nLos Angeles City CEQA Guidelines; (3) find that the proposed project conforms with the Port of Los\nAngeles certified Port Master Plan; (4) upon closure of the public hearing, resolve to approve the\nissuance of CDP No. 24-04, consistent with the project description listed on APP No. 200602-086,\nand direct the Director of Planning and Strategy to execute and issue said permit on behalf of and\nas the designee of the Executive Director; and (5) adopt Resolution No.___________.

2. RESOLUTION NO. ____________ - ORDER RESETTING COMPENSATION UNDER\nPERMIT NO. 896 WITH CRAFTED AT THE PORT OF LOS ANGELES\nSummary: Staff requests approval of an Order resetting compensation for Permit No. 896 (P896)\nwith Crafted at the Port of Los Angeles (Crafted), a visitor-serving arts and crafts public marketplace\nand tourist attraction. P896 has a 25-year term that commenced December 16, 2011, with two five-\nyear options to extend. The proposed Order recommends compensation be reset for Period 2 of\nthe bifurcated Fourth Compensation Period, effective September 1, 2020, through August 31, 2028.\nIf approved, Period 2 compensation covering the five-year period of September 1, 2023, through\nAugust 31, 2028, will be increased on a tiered-basis.\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 for the five-year period of\nSeptember 1, 2023, through August 31, 2028, under Permit No. 896; (3) authorize the Executive\nDirector to execute and the Board Secretary to attest to the Order resetting Permit No. 896; and (4)\nadopt Resolution No.___________ and Order No.___________.\nEnvironmental Management

3. RESOLUTION NO. ____________ - FOURTH AMENDMENT TO MEMORANDUM OF\nAGREEMENT NO. 10-2900 WITH THE UNITED STATES ARMY CORPS OF ENGINEERS,\nLOS ANGELES DISTRICT\nSummary: Staff requests approval of a Fourth Amendment to Memorandum of Agreement No. 10-\n2900 (Agreement) with the United States Army Corps of Engineers (Corps or USACE) to expedite\nthe Corps independent evaluation of the City of Los Angeles Harbor Department’s (Harbor\nDepartment) priority permit applications and environmental assessments required by the National\nEnvironmental Policy Act (NEPA). The Corps acts as the NEPA lead agency for the issuance of\nfederal permits related to waters of the United States. Approval of the proposed Fourth Amendment\nwould extend the term of the Agreement by an additional five years for a total Agreement term of\n19 years with no increase to the previously approved not-to-exceed amount of $1,300,000. The\nHarbor Department will continue to be financially responsible for payment of expenses incurred\nunder 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 requirements of the\nCalifornia Environmental Quality Act (CEQA) under Article II Section 2(f) of the Los Angeles City\nCEQA Guidelines; (2) approve the Fourth Amendment to Memorandum of Agreement No. 10-2900\nwith the United States Army Corps of Engineers, Los Angeles District extending the term by five\nyears to December 31, 2029; (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 Resolution\nNo.___________.\nEnvironmental Management

4. RESOLUTION NO. ____________ - FIRST AMENDMENT TO REIMBURSEMENT\nAGREEMENT NO. 21-9834 WITH ORCEM AMERICAS, INC.\nSummary: Staff requests approval of the proposed First Amendment to the Orcem Americas, Inc.\n(Orcem) Reimbursement Agreement No. 21-9834 (Agreement) to reimburse the City of Los Angeles\nHarbor Department (Harbor Department) 100% of staff and consultant costs associated with review\nand oversight of the preparation of an environmental assessment for the low-carbon cement\nprocessing facility at Berths 191-194. If approved, the proposed First Amendment would extend the\nduration of the existing Agreement by an additional two years, for a total term of five years. No other\nmodifications are proposed. Orcem will continue to be financially responsible for payment of costs\nassociated with the preparation of the environmental assessment.\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 First Amendment to Reimbursement Agreement No. 21-9834\nwith Orcem Americas, Inc.; (3) direct the Board Secretary to transmit said First Amendment to the\nLos Angeles City Council for approval pursuant to Section 373 of the Charter of the City of Los\nAngeles and Section 10.5(a) of the Los Angeles Administrative Code; (4) authorize the Executive\nDirector to execute and the Board Secretary to attest to, said First Amendment for and on behalf of\nthe Board; and (5) adopt Resolution No.___________.\nEnvironmental Management

5. RESOLUTION NO. ____________- SECOND AMENDMENT TO REIMBURSEMENT\nAGREEMENT NO. 19-3706 WITH THE SAN PEDRO PUBLIC MARKET, LLC\nSummary: Staff requests approval of the proposed Second Amendment to the San Pedro Public\nMarket, LLC (SPPM) Reimbursement Agreement No. 19-3706 (Agreement) to reimburse the City\nof Los Angeles Harbor Department (Harbor Department) 100% of staff and consultant costs\nassociated with the preparation of an environmental assessment for proposed modifications\nassociated with the West Harbor (formerly known as San Pedro Public Market) Modification Project.\nThe proposed Second Amendment would extend the duration of the existing Agreement by an\nadditional two years, from five years to seven years, as proposed. No other modifications are\nproposed. SPPM will continue to be financially responsible for these expenditures.\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 the San Pedro Public Market, LLC\nReimbursement Agreement No. 19-3706; (3) direct the Board Secretary to transmit said\nAmendment to the Los Angeles City Council for approval pursuant to Section 373 of the Charter of\nthe City of Los Angeles and Section 10.5(a) of the Los Angeles Administrative Code; (4) authorize\nthe Executive Director to execute and the Board Secretary to attest to, said Amendment to the\nAgreement for and on behalf of the Board; and (5) adopt Resolution No.____________.\nPort Pilots

6. RESOLUTION NO. ____________ - AGREEMENT BETWEEN THE CITY OF LOS\nANGELES HARBOR DEPARTMENT AND THE MARINE EXCHANGE OF SOUTHERN\nCALIFORNIA TO PROVIDE THE CONTINUED OPERATION OF THE NEW QUEUING\nSYSTEM FOR LABOR\nSummary: Staff requests the approval of an agreement (Agreement) between the City of Los\nAngeles Harbor Department (Harbor Department) and The Marine Exchange of Southern California\n(MX SoCal). Under the proposed Agreement, MX SoCal will continue operating the New Queuing\nSystem for Labor (NQSFL). The proposed Agreement has a three-year term, with an effective date\nretroactive to July 1, 2024, to maintain continuity of services. The proposed annual compensation\nis $300,000, with annual increases based on the Harbor Department’s utilized Consumer Price\nIndex (CPI) factor, with a total not-to-exceed amount of $927,270.\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 Agreement between the City of Los Angeles Harbor\nDepartment and the Marine Exchange of Southern California, retroactive to July 1, 2024; (3)\nauthorize the Executive Director to execute and the Board Secretary to attest to said Agreement for\nand on behalf of the Board; and (4) adopt Resolution No.____________.\nCommunity Relations

7. RESOLUTION NO. ____________ - AUTHORIZATION OF EXPENDITURE FOR ANNUAL\nCAPA MEMBERSHIP DUES FY 2024-2025\nSummary: Staff requests that the Board of Harbor Commissioners (Board) authorize the dues\nexpenditure for the Harbor Department’s membership in the California Association of Port\nAuthorities (CAPA). The dues amount is determined annually at the CAPA Budget Committee\nmeeting in July for the coming year and is based on each of the eleven California state port’s\npercentage of total tonnage. The 2024-2025 annual dues for the Harbor Department exceeds the\n$150,000 expenditure authority held by the Executive Director; therefore, Board approval is\nrequired. Staff requests that the Board approve authorization of payment for the CAPA dues in the\namount of $190,902.76 for the period of July 2024 - June 2025. The Harbor Department is financially\nresponsible for payment of the CAPA membership dues.\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 authorization of expenditures in the amount of $190,902.76 for\nCAPA dues for the July 2024 – June 2025 period; and (3) adopt Resolution No.____________.\nRegular Items (8 & 9)\nCommunity Relations

8. RESOLUTION NO. ____________ - APPROVAL OF HARBOR COMMUNITY BENEFIT\nFOUNDATION’S AIR QUALITY MITIGATION PROGRAM, ROUND 3 GRANT AND THE\nTRANSFER OF AIR QUALITY MITIGATION PROGRAM FUNDS\nSummary: Staff requests approval of the Harbor Community Benefit Foundation’s (HCBF) selection\nof AERAS, STAX, AND 4G Management, Inc. to receive funding from the Air Quality Mitigation\nProgram, Round 3 and transfer $2,327,802.11, including a 10% administrative fee of $211,618.37,\nfrom the Air Quality Mitigation Fund (AQMF) to HCBF. The AQMF was established by the City of\nLos Angeles Harbor Department (Harbor Department) for the purpose of funding appropriate\nmitigation projects which address port-related air emissions. The HCBF, an independent nonprofit\norganization established to operate the AQMF, is responsible for identifying qualifying projects to\nreceive grant funding from the AQMF to be approved by the Board of Harbor Commissioners\n(Board). The HCBF Board of Directors has selected three grantees, AERAS, STAX, AND 4G\nManagement, Inc. to receive funding from the Air Quality Mitigation Program, Round 3 grants and\nis requesting Board approval of the award recipients and transfer of funds from the AQMF, in\naccordance with the requirements of the China Shipping Memorandum of Agreement (MOA)\napproved by Board Resolution 21-9929. The proposed projects have a Tidelands nexus and will\nmitigate air emissions impacts on the local communities of Wilmington and San Pedro. Upon the\ntransfer of funds from the AQMF to HCBF, HCBF will be financially responsible for the proposed\nprojects and for the disbursement of funds to the grantees in accordance with the China Shipping\nMOA and the Grant Agreements. The Harbor Department funded the original AQMF, and no\nadditional payments from the Harbor Department will be required to fund this request.\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 Harbor Community Benefit Foundation’s selection of three grantees\nto receive an award from the Air Quality Mitigation Program Round 3, funded by the Air Quality\nMitigation Fund; (3) authorize the Executive Director or his designee to execute a joint letter with\nthe Harbor Community Benefit Foundation to approve the distribution of funds in one lump sum\npayment of $2,327,802.11 from the Air Quality Mitigation Fund, managed by the California\nCommunity Foundation (CFF), to the Harbor Community Benefit Foundation to be used in\naccordance with Harbor Community Benefit Foundation’s request; and (4) adopt Resolution\nNo.____________.\nEngineering

9. RESOLUTION NO. ____________ - APPROVAL OF REBUILDING AMERICAN\nINFRASTRUCTURE WITH SUSTAINABILITY AND EQUITY PROGRAM GRANT\nAGREEMENT FOR THE MARITIME SUPPORT FACILITY ACCESS/TERMINAL ISLAND\nRAIL SYSTEM GRADE SEPARATION BETWEEN THE CITY OF LOS ANGELES HARBOR\nDEPARTMENT AND UNITED STATES DEPARTMENT OF TRANSPORTATION\nSummary: Staff requests approval of a Grant Agreement (Agreement) with the United States\nDepartment of Transportation (USDOT) administered through the Maritime Administration\n(MARAD) for $20,000,000 under the MARAD Fiscal Year (FY) 2022 Rebuilding American\nInfrastructure with Sustainability and Equity (RAISE) Grant Program. The funds associated with the\nproposed Agreement will be for the Maritime Support Facility Access/Terminal Island Rail System\nGrade Separation Project (Project). To receive the RAISE funds, the City of Los Angeles Harbor\nDepartment (Harbor Department) must enter into the proposed Grant Agreement with the USDOT.\nThe Harbor Department is financially responsible for the net funding costs to complete the Project.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed action is administratively and statutorily exempt from the\nrequirements of the California Environmental Quality Act (CEQA) under Article II Section 2(f) of the\nLos Angeles City CEQA Guidelines and Section 21080.13 of the State CEQA Guidelines; (2)\napprove the Maritime Support Facility Access/Terminal Island Rail System Grade Separation\nProject Grant Agreement with USDOT; (3) authorize the Executive Director to execute and the\nBoard Secretary to attest to said Agreement, for and on behalf of the Board; (4) authorize the\nExecutive Director to execute future Grant Agreement amendments to account for revised project\nschedules, and/or revised project costs, for and on behalf of the Board, subject to the approval of\nthe City Attorney as to form and legality; and (5) adopt Resolution No.____________.

D. Comment from the Public on Non-Agenda Items

F. Reports of the Commissioners

G. Board Committee Reports\n• Alameda Corridor Transportation Authority Governing Board Meeting of August 15, 2024

H. Presentation\nNone

I. Level I Coastal Development Permit\nNone

J. Special Order of the Day - Level II Non-Appealable Coastal Development Permit\nPublic Hearing\n1(a) ISSUANCE OF A NON-APPEALABLE LEVEL II COASTAL DEVELOPMENT PERMIT\n(NO. 24-04) TO THE PORT OF LOS ANGELES FOR THE BERTHS 302-305 ON-DOCK\nRAIL YARD EXPANSION PROJECT\nPursuant to the California Coastal Act of 1976, as amended and the Port of Los Angeles’ certified\nPort Master Plan, notice is hereby given to all interested persons and organizations that the Los\nAngeles Board of Harbor Commissioners will hold a public hearing to receive public comments prior\nto considering the following for a Coastal Development Permit.\nPlanning and Strategy

K. Board Reports of the Executive Director\nConsent Items (2 – 7)\nWaterfront & Commercial Real Estate

L. Closed Session