City Council

(36) 09­1872­S2 CD 15 ADMINISTRATIVE EXEMPTION and COMMUNICATION FROM THE BOARD OF HARBOR COMMISSIONERS relative to a Fifth Amendment to Permit No. 999 between the Port of Los Angeles (POLA) and China Shipping Holding Company, LTD. and Order resetting compensation for the period of June 28, 2020 through June 27, 2025. Recommendations for Council action: 1. ADOPT the determination by the Board of Harbor Commissioners (Board) that the proposed action is administratively exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Article II, Section 2(i) of the City of Los Angeles CEQA Guidelines. 2. APPROVE the proposed Fifth Amendment to Permit No. 999 with China Shipping Holding Company, LTD., which approval is expressly contingent upon CEQA compliance as directed in the remedy ultimately ordered by the trial court with jurisdiction, which is currently set for a hearing on May 24, 2024, thus implementing and making contractually enforceable against China Shipping the 2008 mitigation measures as modified by the 2019 Supplemental Environmental Impact Report ("2019 SEIR"), the trial court ruling issued on June 27, 2022 and the Court of Appeal opinion issued on December 29, 2023. The Board's contingent approval for the Fifth Amendment is based upon, and incorporates by reference, the Board's December 12, 2008, Findings of Fact and Statement of Overriding Considerations for the 2008 EIR for the Berths 97­109 China Shipping Terminal. 3. CONCUR with Board action on March 28, 2024, by Resolution No. 24­10336, authorizing the Executive Director, POLA, or designee, to execute the Fifth Amendment to Permit No. 999. Tuesday - April 9, 2024 - PAGE 37 December 29, 2023. The Board's contingent approval for the Fifth Amendment is based upon, and incorporates by reference, the Board's December 12, 2008, Findings of Fact and Statement of Overriding Considerations for the 2008 EIR for the Berths 97­109 China Shipping Terminal. 3. CONCUR with Board action on March 28, 2024, by Resolution No. 24­10336, authorizing the Executive Director, POLA, or designee, to execute the Fifth Amendment to Permit No. 999. Fiscal Impact Statement: The Board of Harbor Commissioners reports that there is no impact to the General Fund.