Los Angeles — 2024-02-08

3. Approval of Minutes – January 11, 2024

7. Appeal of Solartricity dba Zoom Medical Transportation Concerning the\nDepartment’s Finding of Guilty, Pursuant to Los Angeles Municipal Code\n§71.03(B) – Unpermitted Non-Ambulatory Driver and Los Angeles Municipal\nCode §71.04.1 – Unpermitted Non-Ambulatory Passenger Vehicle Attendant

8. Recommend Penalty Assessment of $396,000 Against Cuore, Inc. dba Heart\nTransportation, Placement of Heart Transportation on Suspension for a Minimum\nof Two Years, As Well As a Two-Year Exclusion of Heart Ambulance Due to\nMultiple Violations of the Los Angeles Municipal Code Committed by Both\nCompanies

1. DIRECTOR’S REPORT AND COMMISSION BUSINESS\n● Election of Officers\n● Legal actions and issues update\n● Items of Interest\n● Advance Calendar\n● Commission Requests

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. CPC-2018-6404-CPU (HG); CPC-2018-6402-CPU (W-HC) Council District: 15 – McOsker\nCEQA: ENV-2019-3379-EIR Last Day to Act: 04-18-24\nPlan Area: Harbor Gateway; Wilmington – Harbor City\nPUBLIC HEARING – Completed November 9, 2023\nPROJECT SITE:\nThe Harbor LA Community Plans consist of the boundaries of the Harbor Gateway Community Plan Area\n(CPA) and the Wilmington-Harbor City Community Plan Area (CPA). The two community plan areas are\ncollectively known as the Harbor LA Plans. The plan areas are geographically continuous of one another.\nThe combined area of the Harbor LA Community Plans is approximately 15.3 square miles. The Harbor\nGateway CPA contains approximately 3,229 acres and is situated in the southern portion of Los Angeles.\nThe CPA is a narrow corridor which links the City's harbor, San Pedro, Wilmington and Harbor City\ncommunities to the main body of the City. The Harbor Gateway CPA is bordered by the South and\nSoutheast Los Angeles CPAs to the north (at 120th Street); the cities of Gardena and Torrance to the west;\nand Carson and unincorporated Los Angeles County to the east; and it shares a common boundary with\nthe Wilmington-Harbor City CPA to the south (at Sepulveda Blvd). The Wilmington-Harbor City CPA\ncontains approximately 6,481 acres and is situated in the far southern portion of the City, near Los Angeles\nHarbor. It is bordered by the Harbor Gateway CPA to the north; the San Pedro CPA and the Port of Los\nAngeles to the south; and is adjacent to the cities of Torrance, Lomita, and Rancho Palos Verdes to the\nwest; and the cities of Carson, Long Beach, and unincorporated Los Angeles County to the east.\nPROPOSED PROJECT:\nThe proposed project includes amending both the policy documents and General Plan Land Use Maps for\nthe Harbor Gateway and Wilmington-Harbor City Community Plans. Unless otherwise provided, the\nupdated Harbor Gateway and Wilmington-Harbor City Community Plans are collectively referred to as the\n“Proposed Plans”. The Proposed Plans would also adopt several zoning ordinances to implement the\nupdates to the Community Plans, including rezoning all parcels in the CPAs to regulate specific uses and\napply development standards (including height of structures, Floor Area Ratios, and site configuration)\nusing the City’s New Zoning Code, amendments to the Clean Up Green Up (CUGU) Overlay, and related\namendments to the General Plan, including the Framework Element and Mobility Plan necessary to\nimplement the Plan. The amendments to the Policy Documents and the General Plan Land Use Maps for\nthe Harbor LA Community Plans are intended to guide development through the year 2040 by establishing\nthe City’s broad planning goals, policies, and objectives, the arrangement of land uses and intensities, as\nwell as specific development standards for the Plan areas. The Harbor LA Community Plans are intended\nto improve the link between land use and transportation in a manner that is consistent with the City’s\nadopted General Plan Framework Element, Mobility Element, Senate Bill 375 and other state laws.\nREQUESTED ACTIONS:\n1. Conduct a public hearing on the Proposed Plans as described in this Staff Recommendation Report;\n2. Approve the Staff Recommendation report as the Commission Report;\n3. Approve and Recommend that the City Council adopt the Findings in the Staff Recommendation\nReport;\n4. Recommend that the City Council instruct the Director of City Planning to amend the Environmental\nProtection Measures (EPMs) pursuant to Division 4C.13 (Environmental Protection) of the New Zoning\nCode as appropriate to implement the Mitigation Monitoring Program (MMP);\n5. Find that the City Planning Commission has reviewed and considered the Draft Environmental Impact\nReport (EIR) (City EIR No. ENV-2019-3379-EIR and State Clearinghouse No. 2019080248), as shown\nin Exhibit A8, and direct staff to prepare a Final EIR, EIR findings, a Statement of Overriding\nConsiderations, and the MMP for City Council consideration;\n6. Recommend the City Council adopt the Resolutions in Exhibit A to certify a Final EIR, adopt EIR\nfindings and a Statement of Overriding Considerations, and adopt a Mitigation Monitoring Program;\n7 Instruct the Department of City Planning to finalize the necessary General Plan land use designation\nmaps, zone ordinances to be presented to the City Council, and authorize the Department of City\nPlanning to make additional, non-substantive text edits to the plan policy documents and land use\ndesignation maps to correct typographical errors, and make other technical corrections/ modifications\nto the zoning ordinances as necessary;\n8. Approve and Recommend that the Mayor approve and the City Council adopt, pursuant to LAMC\n(Chapter 1A) Section 13B.1.1 and City Charter Section 555, the attached Resolutions in Exhibit A to\namend the General Plan as follows:\na. Amend the General Plan Land Use Element and adopt the Harbor LA Community Plans as shown\nin Exhibit A1, inclusive of the revisions shown in Exhibit A2; adopt the General Plan Land Use\nMap for the Harbor LA Community Plans, inclusive of Symbols, Footnotes, and Corresponding\nZone and Land Use Nomenclature as shown in Exhibit A4, and the General Plan Land Use Maps\nand Matrices as shown in Exhibit A5;\nb. Amend the Mobility Plan 2035 to reclassify selected Street Designations and Enhanced Networks,\nas shown in Exhibit A7; and\nc. Amend the Citywide General Plan Framework Element, as shown in Exhibit A6.\n9. Approve and Recommend that pursuant to LAMC (Chapter 1A) Sections 1.5 and 13.B.1, and City\nCharter Section 558, the City Council adopt the draft ordinance to amend the Zoning Map, as shown\nin Exhibit B1 (Zone Change Maps and Matrices);\n10. Approve and Recommend that pursuant to LAMC (Chapter 1A) Sections 1.5, 13.B.1, 1.5.4, and City\nCharter Section 558, the City Council adopt the proposed Harbor LA Plans Community Benefits - Local\nAffordable Housing Maps as shown in Exhibit B4;\n11. Approve and Recommend that the City Council pursuant to LAMC (Chapter 1A) Section 13B.1.4. and\nCity Charter Section 558 adopt the proposed ordinance to amend the Clean Up Green Up (CUGU)\nOrdinance as shown in Exhibit B5;\n12. Approve and Recommend that pursuant to LAMC (Chapter 1A) Sections 1.5, 13.B.1, 8.2.7, 8.2.8 and\nCity Charter Section 558, the City Council adopt the proposed Conservation District and Individual\nHistoric Resource Review Supplemental Districts and Maps shown in Exhibit B3;\n13. Approve and Recommend that pursuant to LAMC (Chapter 1A) Sections 1.5, 13.B.1, 1.5.12. and City\nCharter Section 558, the City Council adopt the proposed Hazardous Sites Maps shown in Exhibit B2;\n14. Authorize the Director of Planning to present the resolutions and proposed General Plan amendments\n(Exhibits A4, A5 and A6) to the Mayor and City Council, in accordance with City Charter Section 555\nand LAMC (Chapter 1A) Section 13B.1.1, and the proposed zoning ordinances (Exhibits B1-B5, C1\nand C2) to the City Council, in accordance with City Charter Section 558 and LAMC Section 13.B.1;\nand\n15. Approve and Recommend that the City Council adopt the New Zoning Code Ordinance to amend\nChapter 1 and 1A (“New Zoning Code”) of the Los Angeles Municipal Code to add new zoning districts\nand related regulations to Articles 1-12, and Articles 14 and 15, and amend the accompanying Zoning\nCode Maps established in Division 1.5 (Zoning Code Maps) of Article 1 of the New Zoning Code\n(Exhibit C2).\nApplicant: City of Los Angeles\nStaff: Christopher Piña, City Planner (HG)\nchristopher.piña@lacity.org\n(213) 978-1369\nJessica Alvarado, City Planner (WHC)\njessica.alvarado@lacity.org\n(213) 978-1221

7. CPC-2023-2058-CU-DB-MCUP-CUW-SPR-VHCA Council District: 5 – Yaroslavsky\nCEQA: ENV-2023-2059-SCEA Last Day to Act: 02-11-24\nPlan Area: Wilshire\nPUBLIC HEARING – Completed November 28, 2023\nPROJECT SITE: 400, 406, 410, 414, 418, 420, 424, 426, 432 South San Vicente Boulevard\nPROPOSED PROJECT:\nDemolition of the Beverly Plaza Shopping Center, which consists of a two-story commercial strip mall and\nsurface parking and one adjacent commercial building with a combined 22,494 square feet of floor area for\nthe construction, use, and maintenance of an eight-story (100 feet above grade), mixed-use building with\n126 residential dwelling units, and 11,615 square feet of ground floor commercial restaurant uses. The\nProposed Project will encompass a total floor area of 208,901 square feet resulting in a Floor Area Ratio\n(FAR) of 6.3:1. Fifteen percent of the Proposed Project’s base density (14 dwelling units) will be deed\nrestricted for Very Low Income Households. The Proposed Project will include three levels of subterranean\nparking with 153 vehicle parking spaces and 109 bicycle parking spaces.\nREQUESTED ACTIONS:\n1. Pursuant to Public Resources Code Section (PRC) 21155.2(b), in consideration of the whole of the\nadministrative record, adopt the Sustainable Communities Environmental Assessment No. ENV-2023-\n2059-SCEA (SCEA), adopt Findings pursuant to PRC 21155.2, and adopt the Mitigation Monitoring\nProgram;\n2. Pursuant to Section 12.24 U.26 of the Los Angeles Municipal Code (LAMC), a Conditional Use Permit\nfor a housing development project in which the density increase is greater than otherwise permitted\nby LAMC Section 12.22 A.25. The Project seeks a density bonus increase of 37.5 percent to permit\n126 dwelling units with 14 Very Low Income restricted affordable units;\n3. Pursuant to Los Angeles Municipal Code Section 12.22 A.25, a Density Bonus Compliance Review to\npermit a mixed-use development project consisting of a total of 126 dwelling units of which a minimum\nof 14 will be set aside for Very Low Income Households, and with the following Off-Menu Incentives\nand Waivers of Development Standards:\na. An Off-Menu Incentive to permit 208,901 square feet of floor area (6.3:1 FAR) in lieu of 50,121\nsquare feet of floor area (1.5:1 FAR);\nb. An Off-Menu Incentive to permit a height of eight stories and 100 feet in lieu of three stories and\n45 feet otherwise permitted in the C2-1VL-O Zone;\nc. An Off-Menu Incentive to permit a zero-foot rear yard in lieu of 20 feet required by LAMC Section\n12.11 C.3;\nd. A Waiver of Development Standard to waive the transitional height limits otherwise required in\nLAMC Section 12.21.1.A.10;\ne. A Waiver of Development Standard for an open space reduction to permit 6,200 square feet of\nopen space in lieu of 16,575 square feet of open space required by LAMC Section 12.21 G.2;\nand\nf. A Waiver of Development Standard to provide a 680 square-foot loading zone with a maximum\nclear height of 12 feet in lieu of 809 square feet with a maximum clear height of 14 feet required\nby LAMC Section 12.21 C.6;\n4. Pursuant to LAMC Section 12.24 W.1, a Main Conditional Use Permit for the sale and dispensing of\na full line of alcoholic beverages for on-site consumption within the ground-floor commercial spaces\nand residential common amenity areas for residents and guests only;\n5. Pursuant to LAMC Section 12.21 W.49, a Conditional Use Permit to permit a wireless communication\nfacility (WTF) on the rooftop of the new building which would replace an existing WTF on the rooftop\nof the existing building to be demolished; and\n6. Pursuant to LAMC Section 16.05, a Site Plan Review for a development that creates more than 50\nnew dwelling units.\nApplicant: J.J. Abraham, 400 S. San Vicente LLC\nRepresentative: Matt Dzurec, Armbruster Goldsmith & Delvac LLP\nStaff: David Woon, Planning Assistant\ndavid.woon@lacity.org\n(213) 978-1368

8. CPC-2023-4573-DB-CU-HCA Council District: 5 – Yaroslavsky\nCEQA: ENV-2023-4574-CE Last Day to Act: 03-24-24\nPlan Area: Wilshire\nPUBLIC HEARING – Completed January 9, 2024\nPROJECT SITE: 8331, 8335, 8337, 8339, 8343, 8349 West 3rd Street\nPROPOSED PROJECT:\nConstruction, use, and maintenance of a new eight-story, mixed use residential building, 100 feet in height,\ncontaining a total of 77 dwelling units with eight units reserved for Extremely Low Income Households. The\nproposed project will contain approximately 90,066 square feet of floor area, equating to a total Floor Area\nRatio (FAR) of approximately 4.66:1, including approximately 11,026 square feet of commercial retail space\non the ground floor. The Project will provide approximately 2,188 square feet of credited open space that\nincludes a podium courtyard, sky deck, business lounge, fitness room, and aqua lounge. Additionally, 5,328\nsquare feet of non-credited open space will include private balconies; podium courtyard, business lounge,\nfitness room, and aqua lounge. The Project will provide 38 vehicle parking spaces and a total of 78 bicycle\nparking spaces.\nREQUESTED ACTIONS:\n1. Pursuant to California Environmental Quality Act (CEQA) Guidelines, an Exemption from CEQA\npursuant to CEQA Guidelines, Article 19, Section 15332, Class 32, and that there is no substantial\nevidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines,\nSection 15300.2 applies;\n2. Pursuant to Section 12.22 A.25 of the Los Angeles Municipal Code (LAMC), a Density Bonus to permit\na Housing Development Project consisting of 77 dwelling units, [with eights units – 15 percent of the\nbase density set aside for Extremely Low Income Households], along with the following Off-Menu\nIncentives and Waivers of Development Standards:\na. An Off-Menu Incentive to permit a Floor Area Ratio (FAR) of up to 4.66:1 FAR in lieu of the 1.5:1\nFAR otherwise permitted;\nb. An Off-Menu Incentive to permit up to a 75 percent reduction in required open space;\nc. An Off-Menu Incentive to permit a maximum building height of up to 100 feet, up to five additional\nstories, in lieu of 45 feet, three stories, otherwise permitted;\nd. A Waiver of Development Standards to permit a reduced westerly rear yard setback of zero feet\nin lieu of 20 feet otherwise required; and\ne. A Waiver of Development Standards to waive the loading space requirement otherwise required\npursuant to LAMC Section 12.21 C.6; and\n3. Pursuant to LAMC Section 12.24 U.26, a Conditional Use to allow a Density Bonus for a Housing\nDevelopment Project in which the density increase is greater than otherwise permitted by LAMC\nSection 12.22 A.25.\nApplicant: Daniel Taban, Flores Fund LLC\nRepresentative: Jonathan Yang, Irvine & Associates, Inc.\nStaff: Alice Okumura, City Planning Associate\nalice.okumura@lacity.org\n(213) 978-1356

9. DIR-2021-3405-TOC-SPR-HCA-1A Council District: 5 – Yaroslavsky\nCEQA: ENV-2021-3407-CE Last Day to Act: 02-08-24\nPlan Area: Palms – Mar Vista – Del Rey\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 10602 – 10646 West Venice Boulevard\nPROPOSED PROJECT:\nDemolition of all existing improvements (including a gas station, various commercial buildings, various\nresidential buildings, and accessory structures) for the construction, use, and maintenance of a new seven-\nstory mixed-use building with 136 residential units, including 14 units set aside for Extremely Low Income\nHouseholds, and approximately 6,000 square feet of commercial space. The Project proposes to provide\n161 vehicle parking spaces.\nAPPEAL:\nA partial appeal of the October 6, 2023, 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, 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 LAMC Section 16.05, a Site Plan Review for a development creating 50 or\nmore residential dwelling units; and\n3. Adopted the Conditions of Approval and Findings.\nApplicant: Venice Overland LP\nRepresentative: Matthew Hayden, Hayden Planning\nAppellants: Supporters Alliance for Environmental Responsibility (SAFER)\nRepresentative: Marjan Abubo, Lozeau Drury LLP\nStaff: More Song, City Planner\nmore.song@lacity.org\n(213) 978-1319

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

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

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

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

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to a proposed permit with\nLos Angeles County Flood Control District:\nProperty: Berth 132, San Pedro\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Dayna Rothman\nNegotiating Parties: City and Los Angeles County Flood Control District\nUnder Negotiation: Price and Terms

6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 750 with SA\nRecycling:\nProperty: 901 New Dock St, San Pedro\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Terry Adams\nNegotiating Parties: City and SA Recycling\nUnder Negotiation: Price and Terms

1. RESOLUTION NO. ____________ - SECOND AMENDMENT AND ORDER\nAPPROVING THE OPTION TO EXTEND PERMIT NO. 905 WITH FISHERMAN’S PRIDE\nPROCESSORS, INC DBA NEPTUNE FOODS\nSummary: Staff requests approval of an Order and Second Amendment concerning the first of\ntwo five-year options to extend Permit No. 905 (Permit 905) with Fisherman’s Pride Processors,\nInc, dba Neptune Foods, (Neptune) for the five-year period of March 27, 2024, through March\n26, 2029. The Order and Amendment are subject to payment of the $105,026.13 option fee.\nUnder Permit 905, Neptune operates a seafood processing facility on Terminal Island for a term\nof ten years with two, five-year options to renew, for a total potential aggregate term of 20 years.\nThe current monthly rent is $88,671.69.\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) approve the Second Amendment to Permit No. 905;\n(3) approve the Order extending the term of Permit No. 905 for five additional years with\nFisherman’s Pride Processors, Inc, dba Neptune Foods; (4) direct the Board Secretary to\ntransmit the Second Amendment and the Order to Permit No. 905 to the City Council for approval\npursuant to Section 606 of the City Charter; (5) authorize the Board Secretary to attest to the\nOrder approving the extension of Permit No. 905; and (6) adopt Resolution No. ____________\nand Order No. ____________.\nCargo & Industrial Real Estate

2. RESOLUTION NO. ____________ - APPROVAL OF EXECUTIVE DIRECTOR LEVEL\nJOINT REVOCABLE PERMIT AND MASTER JOINT REVOCABLE PERMIT\nTEMPLATES AND APPROVAL TO MODIFY THE DELEGATION OF AUTHORITY TO\nEXECUTIVE DIRECTOR TO EXECUTE CERTAIN JOINT REVOCABLE PERMITS AND\nMASTER JOINT REVOCABLE PERMITS FOR JOINTLY OWNED RAIL PROPERTIES\nWITH THE PORT OF LONG BEACH\nSummary: Staff requests approval of the updated Executive Director-level Joint Revocable\nPermits (JRPs) and Master Joint Revocable Permits (MJRPs) templates and approval of an\nincrease to the annual compensation amount for authority delegated to the Executive Director\nto execute such JRPs and MJRPs from $50,000 to $150,000. JRPs and MJRPs are month-to-\nmonth real estate entitlements granted by the City of Los Angeles Harbor Department (Harbor\nDepartment) and the Port of Long Beach (POLB), as joint owners of rail properties located along\nthe former Southern Pacific Railroad and Union Pacific Railroad right-of-way in Los Angeles\nCounty. Currently, the Executive Director can execute JRPs and MJRPs for jointly owned\nproperty using the Board approved templates, with compensation amounts up to $50,000 per\nyear. The recommended action would increase the delegated authority to the Executive Director\nto $150,000, which is consistent with the Executive Director’s approval authority under the Los\nAngeles City Charter and Administrative Code.\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 delegation of authority to the Executive Director to execute\nJoint Revocable Permits and Master Joint Revocable Permits where a permit fee is charged, up\nto $150,000 per year, and the permits do not materially deviate from the approved templates\nunless the deviations provide for more stringent or restrictive tenant obligations than those\nprovided in the templates; and (3) adopt Resolution No. ___________ approving the Joint\nRevocable Permit and Master Joint Revocable Permit templates.\nEnvironmental Management

3. RESOLUTION NO. ____________ - THIRD AMENDMENT TO SUBRECIPIENT\nAGREEMENT NO. 19-3685 WITH THE NATIONAL RENEWABLE ENERGY\nLABORATORY\nSummary: Staff requests approval of the proposed Third Amendment (Amendment) to\nSubrecipient Agreement No. 19-3685 with the National Renewable Energy Laboratory (NREL)\nto complete data analysis for the grant-funded zero-emissions “Shore to Store” Project (Project).\nIn this Project, largely funded by the California Air Resources Board (CARB), the City of Los\nAngeles Harbor Department (Harbor Department) partnered with Kenworth Truck Company\n(Kenworth), the Port of Hueneme (POH), NREL, and Shell Oil Products, US (Shell) to develop\nand demonstrate on-road hydrogen fuel cell electric trucks and off-road battery electric zero-\nemissions vehicles, including the necessary fueling infrastructure. This proposed Amendment to\nSubrecipient Agreement No. 19-3685 with NREL is a no-cost twelve-month term extension to\nFebruary 27, 2025 to finalize and provide results of data analysis for the completed technology\ndemonstrations. All other terms and conditions will remain unchanged. Approval of the proposed\nAmendment will have no financial impact on the Harbor Department as this is a no-cost term\nextension through February 27, 2025.\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 6(2) of the Los Angeles City CEQA Guidelines; (2) approve the Third\nAmendment to Subrecipient Agreement No. 19-3685 between the City of Los Angeles Harbor\nDepartment and the National Renewable Energy Laboratory to extend the term for the “Shore\nto Store” Demonstration Project to February 27, 2025, with no other revisions; (3) authorize the\nExecutive Director to execute and the Board Secretary to attest to said amendment for and on\nbehalf of the Board; and (4) adopt Resolution No.____________.\nOffice of the City Attorney

4. RESOLUTION NO. ____________ - WAIVING THE POTENTIAL CONFLICT FOR\nTHOMPSON COBURN LLP’S REPRESENTATION OF L.A. XPRESS, INC.\nSummary: The Office of the City Attorney (Office) requests approval of a waiver (Waiver) of a\npotential conflict-of-interest of the law firm of Thompson Coburn LLP (Thompson) which will\nallow Thompson to represent L.A. Xpress, Inc. and its owner, Kenneth MacKenzie (collectively,\n“L.A. Xpress”) in Victor Estuardo Jovel v. City of Los Angeles, Case No. 22-STCV32605, while\ncontinuing the firm's assistance to our Office with legal services for the Harbor Department's\nClean Air Action Plan (CAAP) and Federal Clean Air Act (FCAA) regulatory and litigation matters.\nApproval of the proposed waiver is not anticipated to have a financial impact on the Harbor\nDepartment.\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) formally waive any potential conflicts that might arise from Thompson\nCoburn LLP’s representation of L.A. Xpress Inc. in Victor Estuardo Jovel v. City of Los Angeles,\nCase No. 22-STCV32605, while continuing its representation of the Harbor Department in\nCAAP and FCAA regulatory and litigation matters; (3) authorize the City Attorney’s Office to\nexecute a written conflict waiver; and (4) adopt Resolution No.____________.\nRegular Item (5)\nCargo Marketing

5. RESOLUTION NO. ____________ - APPROVE THIRD TEMPORARY ORDER TO\nAMEND PORT OF LOS ANGELES TARIFF NO. 4, “GENERAL RATE INCREASE”\nSummary: Staff requests approval of a third Temporary Order to amend Port of Los Angeles\nTariff No. 4 (Tariff No. 4), effective February 28, 2024, which would implement a 6.2 percent\nGeneral Rate Increase (GRI), applicable to Tariff No. 4 rated tariff items, excluding rated tariff\nitems that currently have a scheduled rate increase. This third Temporary Order is being\nproposed within the Board of Harbor Commissioners’ (Board) authority to adopt rates for up to\n90 days. At the July 20, 2023 Board meeting, the Board approved Temporary and Permanent\nOrders amending various sections of Tariff No. 4 increasing rated tariff items with an effective\ndate of September 1, 2023. Changes in the Tariff require City Council approval. The City Council\nhas not calendared and approved the Permanent Order and Ordinance. The first Temporary\nOrder expired on November 29, 2023, the second Temporary Order will expire on February 27,\n2024; therefore, a third Temporary Order is being proposed to allow additional time for the\nPermanent Order to pass through the City Council approval process. This third Temporary\nOrder, if approved, will expire in 90 days after the day it is published or upon execution of the\nPermanent Order by the City Council, whichever occurs first.\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(31) of the Los Angeles\nCity CEQA Guidelines; (2) adopt a third Temporary Order No. ___________ with an effective\ndate of February 28, 2024, to amend Port of Los Angeles Tariff No. 4, increasing rates to Section\nFour “Dockage”, Items 450 & 480; Section Five “Wharfage”, Items 550-001 through 550-801;\nSection Nine “Container Cranes” Item 900; Section Eleven “Charges for Occupancy of Office\nSpace, etc. In Transit Sheds and on Wharves and Wharf Premises”, Item 1100; Section Twelve\n“Water and Electricity”, Item 1200; Section Fifteen “Public Landings”, Items 1525 & 1530;\nSection Eighteen “General Rules and Regulations – Miscellaneous”, Item 1802; and Section\nNineteen “Commercial Fishing Vessel”, Items 1910 & 1930; (3) authorize the Board Secretary\nto certify the adoption of a third Temporary Order by the Board of Harbor Commissioners and\ncause the same to be published once in a newspaper printed and published in the City of Los\nAngeles, to take effect on March 1, 2024, for a period not-to-exceed 90 days pursuant to City\nCharter Section 653(b); and (4) adopt Resolution No. ___________.

F. Reports of the Commissioners

G. Board Committee Reports\n• Audit Committee Meeting of January 25, 2024

H. Presentation\n• Status Update – 826 Eubank Ave., Wilmington, Ca.\n• Marine Oil and Maintenance Standards (MOTEMS)

I. Level I Coastal Development Permit\nNone

J. Board Reports of the Executive Director\nConsent Items (1- 4)\nCargo & Industrial Real Estate

K. Closed Session