Special Agenda - December 19, 2013
December 17, 2013
NOTICE OF THE SPECIAL MEETING OF DECEMBER 19, 2013
SUBJECT: SPECIAL MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS – THURSDAY, DECEMBER 19, 2013 AT 9:00 A.M.
The Los Angeles Board of Harbor Commission has called for a special meeting to be held at:
The Port of Los Angeles Administration Building
Board Room, 2nd Floor
425 S. Palos Verdes Street
San Pedro, CA 90731
The attached agenda specifies the business to be conducted at the special meeting. NO OTHER BUSINESS WILL BE CONSIDERED.
JULIE WICHMANN HUERTA
Acting Commission Secretary
AGENDA OF THE SPECIAL MEETING
LOS ANGELES BOARD OF HARBOR COMMISSIONERS
THURSDAY, DECEMBER 19, 2013 AT 9:00 A.M.
PORT OF LOS ANGELES ADMINSTRATION BUILDING
425 S. PALOS VERDES STREET
BOARD ROOM, 2nd FLOOR
SAN PEDRO, CA 90731
BOARD OF HARBOR COMMISSIONERS
Ambassador Vilma S. Martinez, President
Vice President David Arian
Commissioner Patricia Castellanos
Commissioner Anthony Pirozzi, Jr.
Commissioner Edward R. Renwick
A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF
THE PUBLIC TO ADDRESS THIS BOARD
PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD.
AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL'S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING.
B. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS
C. REPORTS OF THE COMMISSIONERS
D. BOARD REPORTS OF THE EXECUTIVE DIRECTOR
REGULAR ITEM NO. 1
Finance
Transmittal 1
Transmittal 2
Transmittal 3
SUMMARY: Proposed is a request to provide consent to the sale of 49% of the ownership of International Transportation, Inc., a Delaware corporation (Tenant Holdco) that is currently a wholly owned subsidiary of the Mitsui O.S.K. Lines, Ltd. (MOL), to an entity (Transferee) legally known as BIF II TP Aggregator (Delaware), L.P., a Delaware limited partnership, a subsidiary of and controlled solely by Brookfield Asset Management, Inc., a Canadian corporation. TraPac, Inc. (TraPac or Tenant), a wholly owned subsidiary of Tenant Holdco, initiated this request of consent. With Trapac's ultimate parent, MOL, remaining unaffected and with the parent's existing guarantee untouched, the risk position of the City of Los Angeles Harbor Department (Harbor Department) continues without being negatively affected in terms of its ultimate reliance on the guaranty of MOL.
Recommendation: Board resolve to (1) approve the Order to consent to the sale of 49% of the ownership of International Transportation, Inc.; (2) authorize the Executive Director to execute and the Board Secretary to attest to the Order to consent to the sale; (3) authorize and direct the Board Secretary to transmit to the Los Angeles City Council for approval pursuant to Section 606 of the Charter of the City of Los Angeles the consent to the proposed transfer of 49% of the issued and outstanding shares of International Transportation, Inc., the holding company that owns TraPac, Inc., the tenant of the Harbor Department under Permit No. 881, as amended; and (4) adopt Order No. __________.
E. CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
Fast Lane Transportation, Inc. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143332, including intervention by City of Carson
Consolidated with:
California Cartage Company, Inc., et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143333
City of Long Beach v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143356
Coalition for a Safe Environment, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143458
East Yard Communities for Environmental Justice, et al. v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143454
Long Beach Unified School District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143448
South Coast Air Quality Management District v. City of Los Angeles, et al., Los Angeles Superior Court Case No. BS143381
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Government Code Section 54956.9
City of Los Angeles v. National Union Fire Insurance Company of Pittsburgh, PA, United States District Court Case No. 2:12-cv-07662-R
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Government Code Section 54956.8)
Provide instructions to its real estate negotiators with respect to the proposed ground lease for Ports O’Call site:
Property: Berths 74-83, San Pedro, California
City Negotiators: Cynthia Ruiz, David Mathewson, Jack Hedge
Tenant Negotiators: Eric Johnson, Claire DeBriere, Brian Saenger
Negotiating Parties: City and LA Waterfront Alliance
Under Negotiation: Price and Terms