Los Angeles — 2023-05-25

City Planning Commission

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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.
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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.
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5. CONSENT CALENDAR (5a and 5b)\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.\n5a. CPC-2022-4641-ZC-HD-CU-BL-SPR Council District: 6\nCEQA: ENV-2018-4247-MND-REC1 Last Day to Act: 05-27-23\nPlan Area: Van Nuys – North Sherman Oaks\nPUBLIC HEARING – Completed February 28, 2023\nPROJECT SITE: 6839 – 6845 North Woodley Avenue\nPROPOSED PROJECT:\nDemolition of existing non-conforming residential uses and the construction, use, and maintenance of a\nnew three-story self-storage facility. The proposed building is 37 feet in height and 80,000 square feet. The\nbuilding is set back approximately 70 feet from the Woodley Avenue right-of-way to allow for a surface\nparking lot as well as landscaping and trees. Vehicle access is provided from one two-way driveway from\nWoodley Avenue. A total of 21 parking spaces will be provided (nine within the subject site and 12 on the\nabutting self-storage site to the north under the same ownership).\nREQUESTED ACTIONS:\n1. Pursuant to CEQA Guidelines Sections 15162 and 15164, in consideration of the whole of the\nadministrative record, that the Project was assessed in Mitigated Negative Declaration No. ENV-2018-\n4247-MND as adopted on February 13, 2019, (“Mitigated Negative Declaration”), as supported by the\nAddendum dated February 2023, no major revisions are required to the Mitigated Declaration; and no\nsubsequent EIR or negative declaration is required for approval of the Project;\n2. Pursuant to Section 12.32 F of the Los Angeles Municipal Code (LAMC), A Zone Change from\n[Q]MR1-1 and [Q]P-1 to (T)M1-2D;\n3. Pursuant to LAMC Section 12.32 F, a Height District Change from Height District 1 to Height District\n2D;\n4. Pursuant to LAMC Section 12.32 R, a Building Line Removal to remove a 15-foot Building Line along\nWoodley Avenue for portions of the subject property, established under Ordinance No. 105,718;\n5. Pursuant to LAMC Section 12.24 W.50, a Conditional Use Permit to allow a self-storage and truck\nrental facility within 500 feet of a Residential Zone;
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6. Pursuant to LAMC Section 12.24 S, a 20 percent reduction in required parking in conjunction with the\nrequested Conditional Use Permit; and\nCity Planning Commission 3 May 25, 2023

City Planning Commission S Valley

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1. DIRECTOR’S REPORT AND COMMISSION BUSINESS\n● Items of Interest\n● Advance Calendar\n● Commission Requests
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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\nemail to apcsouthvalley@lacity.org. At the Chair’s discretion, presentations of Neighborhood Councils on\nany matter listed on the agenda for this Commission meeting may be taken at the time the agenda item\nis taken for consideration.
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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.\nSouth Valley Area Planning Commission 2 May 25, 2023\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.
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5. APCSV-2022-6080-ZC-CU Council District: 3 – Blumenfield\nCEQA: ENV-2022-6081-MND Last Day to Act: 05-28-23\nPlan Area: Canoga Park – Winnetka – Woodland Hills – West Hills\nPUBLIC HEARING REQUIRED\nPROJECT SITE: 22736 West Victory Boulevard\nPROPOSED PROJECT:\nDemolition of an existing coin-operated car wash and the construction, use, and maintenance of a new\n6,435 square-foot car wash facility inclusive of a detached 1,572 square-foot auto detail center, and a 791\nsquare-foot private office. The Project will provide a total of 19 vehicle parking spaces and four bicycle\nparking stalls. A total of 3,150 square feet of landscaped area will be provided along the perimeter and\nthroughout the interior of the project site. Proposed hours of operation of the car wash facility are from\n7:00 a.m. to 7:00 p.m., daily.\nREQUESTED ACTIONS:\n1. Pursuant to CEQA Guidelines Section 15074(b), consideration of the whole of the administrative\nrecord, including the Mitigated Negative Declaration, ENV No. ENV-2022-6081-MND ("Mitigated\nNegative Declaration"), all comments received, the imposition of mitigation measures and the\nMitigation Monitoring Program prepared for the Mitigated Negative Declaration;\n2. Pursuant to Section 12.32 F of the Los Angeles Municipal Code (LAMC), recommend approval of a\nZone Change for the portion of the site zoned P-1VL to (T)(Q)C2-1VL;\n3. Pursuant to LAMC Section 12.32 G, a request to modify the Conditions for effectuating Tentative (T)\nClassification Removal to waive the following:\na. A five-foot dedication along the property frontage on Victory Boulevard; and\nb. Widening of an existing 10-foot sidewalk along Victory Boulevard to 15 feet; and\n4. Pursuant to LAMC Section 12.24 W.4, a Conditional Use to allow the use of an automated car wash\nwith proposed hours of operation from 7:00 a.m. to 7:00 p.m., daily, in the C2 Zone in lieu of otherwise\npermitted hours of operation from 7:00 a.m. to 7:00 p.m., Monday through Friday, 9:00 a.m. to 8:00\np.m., on Saturday, and 11:00 a.m. to 8:00 p.m., on Sunday pursuant to LAMC Section 12.22\nA.28(b)(5).\nApplicant: Moti Balyan\nRepresentative: Jian Kerendian, Architects Group\nStaff: Trevor Martin, City Planning Associate\ntrevor.martin@lacity.org\n(213) 978-1341

Port of LA

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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
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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
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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
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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)\nSPECIAL MEETING AGENDA
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5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\n(Government Code Section 54956.8)\nProvide instructions to its real estate negotiators with respect to Permit 733 with Fenix\nMarine Services, Ltd.:\nProperty: 614 Terminal Way, San Pedro\nCity Negotiator: Marisa Katnich\nTenant Negotiator: Steven Trombley\nNegotiating Parties: City and Fenix Marine Services, Ltd.\nUnder Negotiation: Price and Terms
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1. RESOLUTION NO. ____________ - THIRD AMENDMENT TO LEGAL SERVICES\nAGREEMENT NO. 15-3308 WITH MEYERS NAVE FOR CHINA SHIPPING LITIGATION\nSummary: The Office of the City Attorney (Office) at the City of Los Angeles Harbor Department\n(Harbor Department) requests approval of a Third Amendment to Agreement No. 15-3308 (Third\nAmendment) between the Harbor Department and Meyers Nave Riback Silver and Wilson APC\n(Meyers Nave). The proposed Third Amendment increases the Agreement authority by\n$623,500. The current eleven-year Agreement expires on February 28, 2026, and there is no\nterm extension requested. The current Agreement authority is $4,084,242 and the proposed\nAmendment would add $623,500 and increase the authority to $4,707,742. The additional\nfunding will allow Meyers Nave to continue to represent the Port of Los Angeles in the defense\nof various claims of violations of the law and improper actions with respect to the China Shipping\nTerminal located at Berths 97-104 brought by the South Coast Air Quality Management District,\nthe State Attorney General, the California Air Resources Board and the Natural Resources\nDefense Council (NRDC). The Harbor Department will continue to be financially responsible for\npayment of expenses 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 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) find in accordance to Charter Section 1022 that the scope of work of the\nproposed Agreement can be more economically and feasibly provided by an independent\ncontractor than by City employees; (3) approve the Third Amendment to Agreement No. 15-\n3308 with Meyers Nave, to increase the agreement authority by $623,500 from $4,084,242 to\n$4,707,742; (4) authorize the Executive Director and Board Secretary to execute and attest to\nthe Third Amendment; and (5) adopt Resolution No.____________.\nSPECIAL MEETING AGENDA\nCargo & Industrial Real Estate
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2. RESOLUTION NO. ____________ - FIVE-YEAR REVIEW OF REVOCABLE PERMIT\nNO. 1006 WITH MARINE SHEET METAL WORKS\nSummary: Staff requests approval of the continuation of a revocable permit for Premises located\nat 813 South Seaside Avenue, Terminal Island, for the purposes of operating a marine machine\nand sheet metal shop. Subject to Board of Harbor Commissioners approval, staff would issue a\nnew revocable permit to Marine Sheet Metal Works that would serve as the successor to RP\n1006, which has been in place since 1968. Under this new revocable permit, monthly revenue\nto the City of Los Angeles Harbor Department (Harbor Department) would be $1,562.88, subject\nto annual Consumer Price Index (CPI) increases of no less than three percent annually from\nJuly 1, 2024.\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 the continuation of Marine Sheet Metal Works use and\noccupancy of City of Los Angeles Harbor Department property; and (3) adopt Resolution\nNo.____________.\nSPECIAL MEETING AGENDA\nRegular Items (3 – 9)\nEnvironmental Management
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3. RESOLUTION NO. _______________ - FIRST AMENDMENT TO AGREEMENT NO.\n22-9896 FOR AS-NEEDED EMERGENCY RESPONSE AND HAZARDOUS WASTE\nMANAGEMENT SERVICES WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC.\nSummary: Staff requests approval of the proposed First Amendment to Agreement No. 22-9896\n(Agreement) with Ocean Blue Environmental Services, Inc. (Ocean Blue). Under Agreement No.\n22-9896, Ocean Blue provides as-needed emergency response and hazardous waste\nmanagement services for the City of Los Angeles Harbor Department (Harbor Department). The\nproposed Amendment increases the not-to-exceed contract amount by $977,000, from\n$2,000,000 to $2,977,000, with no change in contract term. The First Amendment is required at\nthis time due to an unplanned, high amount of work requests received to support continued\ndevelopment along the San Pedro Waterfront. The Harbor Department will continue to be\nfinancially responsible for payment 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 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. 22-9896 with Ocean\nBlue Environmental Services, Inc. to increase the contract amount by $977,000 for a total not-\nto-exceed amount of $2,977,000; (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.___________.\nSPECIAL MEETING AGENDA\nEnvironmental Management
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4. RESOLUTION NO. ____________ - APPROVAL OF A COST SHARE AGREEMENT\nBETWEEN THE CITY OF LOS ANGELES HARBOR DEPARTMENT AND THE PORT\nOF LONG BEACH TO FUND A TECHNOLOGY ADVANCEMENT PROGRAM PROJECT\nWITH SSA TERMINALS, LLC\nSummary: Staff requests approval of the proposed Cost Share Agreement between the City of\nLos Angeles Harbor Department (Harbor Department) and the Port of Long Beach (POLB) to\nfund a Clean Air Action Plan (CAAP) Technology Advancement Program (TAP) project with SSA\nTerminals, LLC (SSA) to design, manufacture, and demonstrate two zero-emission Hybrid\nHydrogen Fuel Cell (HFC) Top Handlers (Project). The total cost of the Project is $6,482,295.\nTAP funding in the amount of $2,191,000 will be split equally between the Harbor Department\nand POLB. SSA and their project team will be responsible for the remaining costs as part of the\nmanufacturing of the top handlers and the demonstration at SSA’s POLB terminal. As lead\nagency, POLB has already entered into an agreement with SSA to implement the Project. If the\nproposed Cost Share Agreement is approved, then the Harbor Department would be financially\nresponsible for funding $1,095,500 of the proposed TAP amount.\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 Cost Share\nAgreement between the City of Los Angeles Harbor Department and the Port of Long Beach for\nthe reimbursement of $1,095,500 for the SSA HFC Top Handlers Project; (3) authorize the\nExecutive Director to execute and Board Secretary to attest to said agreement for and on behalf\nof the Board of Harbor Commissioners; and (4) adopt Resolution No.____________.\nSPECIAL MEETING AGENDA\nCommunity Relations
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5. RESOLUTION NO. ____________ - AUTHORIZATION OF EXPENDITURE FOR\nANNUAL CAPA MEMBERSHIP DUES 2022-2023\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 October for the coming year and is based on each of the eleven California state port’s\npercentage of total tonnage. Annual dues are beyond the $150,000 maximum Executive Director\nauthority; therefore, Board approval is required. Staff requests that the Board approve\nauthorization of payment on CAPA dues not to exceed $177,724.24 for the period of July 2022\n- June 2023. The Harbor Department is financially responsible for payment of CAPA\nmembership 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 for $177,724.24 for CAPA dues\nfor the July 2022-June 2023 period; and (3) adopt Resolution No.____________.\nSPECIAL MEETING AGENDA\nCargo & Industrial Real Estate
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6. RESOLUTION NO. ____________ - APPROVE PERMIT NOS. 958, 959 AND\nSETTLEMENT AGREEMENT WITH PASHA STEVEDORING & TERMINALS, L.P.;\nGUARANTIES FURNISHED BY THE PASHA GROUP\nSummary: Staff requests approval of the following:\n1. Permit Nos. 958 and 959 between Pasha Stevedoring & Terminals, L.P. (Pasha) and the\nCity of Los Angeles Harbor Department (Harbor Department);\n2. Settlement and Mutual Release of Claims Agreement (Settlement Agreement) between\nPasha and the Harbor Department to resolve a dispute concerning past due compensation\nunder Space Assignment No. 09-01 for Berths 206-209 for the period of 2009 to 2012; and\n3. Three individual guaranty agreements furnished by The Pasha Group (Pasha’s parent\ncompany) concerning Permit Nos. 958, 959 and the Settlement Agreement, respectively.\nWith respect to Permit Nos.958 and 959, the term of each proposed Permit is five years.\nGuaranteed compensation for each Permit is as follows for the first year:\n• Permit No. 958 (concerning Berths 174-181) will be $3,371,760 on 40.07 acres; and\n• Permit 959 (concerning Berths 206-209) will be $4,201,320 on 23.03 acres.\nYear one (i.e. Calendar Year 2023) compensation under each Permit will be pro-rated based\nupon a compensation year end of December 31, 2023. The MAG under each Permit will be\nadjusted based upon scheduled increases through December 31, 2025, with annual adjustments\noccurring in Calendar Years 2026 and 2027 based upon the year-over-year change in the\nConsumer Price Index (CPI), subject to a floor of 2 percent. Regarding the companion\nSettlement Agreement, Pasha agrees to pay $1 million to resolve disputed Space Assignment\ncharges that accrued between 2009 and 2012.\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 entering into Permit Nos. 958 and 959 is in\nthe best interest of the City of Los Angeles despite certain exceptions to the City of Los Angeles\nHarbor Department’s Leasing Policy, Section XI, concerning a 2 percent non-refundable\nholdback on security instruments for a maintenance fund; (3) approve Permit No. 958 with Pasha\nStevedoring & Terminals, L.P.; (4) approve Permit No. 959 with Pasha Stevedoring & Terminals,
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7. RESOLUTION NO. ____________ - CONSENT TO THE TRANSFER OF 49 PERCENT\nIN THE AGGREGATE OF THE DIRECT AND INDIRECT OWNERSHIP OF TRAPAC,\nLLC - PERMIT NO. 881\nSummary: Staff requests consent to the transfer of 49 percent in the aggregate of the direct and\nindirect ownership of TraPac, LLC (TraPac), a tenant of the City of Los Angeles Harbor\nDepartment (Harbor Department) under Permit No. 881 (Permit). Currently, TraPac is 100\npercent owned by International Transportation, Inc. (ITI) (to be renamed TraPac Holdings, LLC),\nwhich is 100 percent owned by Mitsui O.S.K. Lines, Ltd. (MOL). Under the proposed transfer,\ntwo funds or investment vehicles managed and controlled by a subsidiary of Macquarie Group\nLimited (MGL) will acquire an aggregate 49 percent direct and/or indirect equity interest in\nTraPac, as follows: (a) Skipjack Terminal Holdings, L.P. (Skipjack Terminal Holdings), will\nacquire approximately 22.2 percent of the equity interests in ITI from MOL; and (b) Skipjack\n(ECI) Holdings, LLC (Skipjack (ECI) Holdings) will acquire approximately 34.5 percent of the\nequity interests in TraPac from ITI. MOL will retain the remaining 51 percent equity interest in\nTraPac. There is a related item on the Board of Harbor Commissioner’s agenda for May 25,\n2023, also concerning a change to TraPac’ s upstream ownership and guaranty which will be\nconsidered separately and independently from this current action. No changes will be made to\nthe Permit or terminal operations under 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 and consent to the transfer of approximately (i) 22.2 percent of\nthe ownership of ITI from MOL to Skipjack Terminal Holdings and (ii) 34.5 percent of the\nownership of TraPac from ITI to Skipjack (ECI) Holdings, resulting in Skipjack Terminal Holdings\nand Skipjack (ECI) Holdings holding in the aggregate a 49 percent direct and/or indirect equity\ninterest in TraPac; (3) ratify a 2022 transfer resulting from a repurchase of 49 percent interest in\nTraPac by MOL that was previously held by Brookfield Asset Management, Inc. (Brookfield); (4)\ndirect the Board Secretary to transmit to City Council pursuant to Charter Section 606: (i) the\nconsent to transfer of approximately 22.2 percent of the ownership of ITI (which, prior to the\ntransfer, directly owns and controls 100 percent of TraPac) from MOL to Skipjack Terminal\nHoldings; (ii) the consent to transfer of the ownership of approximately 34.5 percent of TraPac\nfrom ITI to Skipjack (ECI) Holdings; and (iii) ratification of the 2022 transfer resulting from a\nrepurchase of a 49 percent interest in TraPac that was held by Brookfield to MOL; and (5) adopt\nResolution No.____________.\nSPECIAL MEETING AGENDA\nCargo & Industrial Real Estate
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8. RESOLUTION NO. ____________ - CONSENT TO THE TRANSFER OF 51 PERCENT\nOF THE AGGREGATE DIRECT AND INDIRECT OWNERSHIP INTERESTS OF\nTRAPAC, LLC - PERMIT NO. 881 FROM MITSUI O.S.K. LINES, LTD., A JAPANESE\nCORPORATION, TO UNITED PACIFIC PORTS B (UK) LTD., A UNITED KINGDOM\nPRIVATE LIMITED COMPANY; AND APPROVE GUARANTEES FROM OCEAN\nNETWORK EXPRESS HOLDINGS, LTD. AND OCEAN NETWORK EXPRESS PTE.\nLTD.\nSummary: Staff requests the Board of Harbor Commissioners (Board) i) consent to the transfer\nof 51 percent of the aggregate of the direct and indirect ownership interests in TraPac, LLC\n(TraPac), a tenant of the City of Los Angeles Harbor Department (Harbor Department) under\nPermit No. 881 (Permit); and ii) approve termination of the existing guaranty provided by Mitsui\nO.S.K. Lines, Ltd. (MOL) in favor of new guarantees furnished by Ocean Network Express\nHoldings, Ltd. and Ocean Network Express Pte. Ltd. Currently, TraPac is 100 percent owned by\nInternational Transportation, Inc. (ITI) (to be renamed TraPac Holdings, LLC), which is 100\npercent owned by Mitsui O.S.K. Lines, Ltd. (MOL). Under this proposed transfer, United Pacific\nPorts B (UK) Ltd. (UPP), a wholly owned subsidiary of Ocean Network Express Pte. Ltd. would\nacquire 51 percent indirect ownership in TraPac via a 77.8 percent ownership interest in ITI.\nThere is a separate but related item also subject to the Harbor Department’s consent concerning\nthe remaining 49 percent interest in TraPac. If both items are approved, Ocean Network Express\nPte. Ltd through its subsidiary UPP would own 51 percent of TraPac and the Macquarie\nInfrastructure Partners Inc.(MIP)-controlled funds or investment vehicles (i.e. Skipjack entities)\nwill hold, in the aggregate, the remaining 49 percent direct and/or indirect equity interest in\nTraPac. No changes will be made to the Permit or terminal operations under 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 and consent to the transfer of 77.8 percent of the ownership of\nInternational Transportation, Inc. from Mitsui O.S.K. Lines, Ltd. to United Pacific Ports B (UK)\nLtd., a United Kingdom Private Limited Company; (3) approve the guarantees furnished by\nOcean Network Express Holdings, Ltd. and Ocean Network Express Pte. Ltd.; (4) approve the\ntermination of the existing guaranty furnished by Mitsui O.S.K. Lines, Ltd., subject to both Ocean\nNetwork Express Holdings, Ltd. and Ocean Network Express Pte. Ltd. furnishing guarantees on\nor before the termination of the existing guarantee furnished by Mitsui O.S.K. Lines, Ltd.; (5)\ndirect the Board Secretary to transmit to City Council pursuant to Section 606 i) the consent to\nthe transfer of 77.8 percent of the ownership of International Transportation, Inc. from Mitsui\nO.S.K. Lines, Ltd. to United Pacific Ports B (UK) Ltd., a United Kingdom Private Limited\nCompany; and ii) related items concerning the guarantees from Mitsui O.S.K. Lines, Ltd., Ocean\nExpress Holdings, Ltd. and Ocean Network Express Pte. Ltd.;\nSPECIAL MEETING AGENDA\n8. (Continued)\n(6) authorize the Executive Director to execute and the Board Secretary to attest to any\ninstruments necessary to terminate the guaranty furnished by Mitsui O.S.K. Lines, Ltd.; and (7)\nadopt Resolution No.____________.\nSPECIAL MEETING AGENDA\nCargo & Industrial Real Estate
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9. RESOLUTION NO. ____________ - APPROVE THE THIRTEENTH AMENDMENT TO\nPERMIT NO. 692 WITH YUSEN TERMINALS, LLC; AND APPROVE GUARANTEES\nFROM OCEAN NETWORK EXPRESS HOLDINGS, LTD. AND OCEAN NETWORK\nEXPRESS PTE. LTD.\nSummary: Staff requests approval of the following concerning Yusen Terminals, LLC (Yusen), a\ntenant of the City of Los Angeles Harbor Department (Harbor Department) under Permit No. 692\n(Permit): 1) Thirteenth Amendment to Permit No. 692 which removes Nippon Yusen Kabushiki\nKaisha, Ltd. (NYK) as the guarantor and adds Ocean Network Express Holdings, Ltd. and Ocean\nNetwork Express, Pte. Ltd; and 2) Guarantees furnished by Ocean Network Express Holdings,\nLtd., and Ocean Network Express Pte. Ltd., in place of the existing guaranty from NYK. Yusen\nnotified the Harbor Department of a pending change in its ownership composition. Ocean\nNetwork Express Pte. Ltd., through a subsidiary, would acquire 51 percent of the interest in\nYusen from NYK, and Macquarie Infrastructure and Real Assets, L.P., a subsidiary of Macquarie\nGroup Limited, would continue to own the remaining 49 percent. In connection with this change\nin ownership, Yusen requested that Ocean Network Express replace NYK as the guarantor.\nUnder the Thirteenth Amendment, the existing guaranty provided by NYK would be terminated\nin favor of new guarantees furnished by Ocean Network Express Holdings, Ltd. and Ocean\nNetwork Express Pte. Ltd. Ocean Network Express Holdings, Ltd. is a joint venture which\nintegrated the container shipping businesses of NYK, Mitsui O.S.K. Lines Ltd. (a/k/a MOL Lines),\nand Kawasaki Kisen Kaisha, Ltd. (a/k/a “K” Line). Ocean Network Express Pte. Ltd. is a\nsubsidiary of Ocean Network Express Holdings, Ltd. No other changes will be made to the Permit\nor terminal operations under this action.\nRecommendation: Board resolve to (1) find that the Director of Environmental Management has\ndetermined that the proposed actions are 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 Thirteenth\nAmendment to Permit No. 692; (3) approve the Guarantees furnished by Ocean Network\nExpress Holdings, Ltd. and Ocean Network Express Pte. Ltd.; (4) direct the Board Secretary to\ntransmit the Thirteenth Amendment to Permit No. 692 to the City Council for approval pursuant\nto Section 606 of the City Charter; (5) authorize the Executive Director to execute and the Board\nSecretary to attest to the Thirteenth Amendment to Permit No. 692; and (6) adopt Resolution\nNo.____________.\nSPECIAL MEETING AGENDA
#B Order of Business
B. Executive Director Remarks
#C Order of Business
C. Comment from the Public on Non-Agenda Items
#D Order of Business
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 Order of Business
E. Reports of the Commissioners
#F Order of Business
F. Board Committee Reports\nNone
#H Order of Business
H. Presentation\n1. Cal Maritime Academy – Naval Rear Admiral Thomas A. Cropper\n2. Foreign-Trade Zone 202 – Eric Caris, Director of Cargo Marketing\n3. Multi-Source Green Omni Terminal Demonstration – Chris Cannon, Director of\nEnvironmental Management
#I Order of Business
I. Level I Coastal Development Permit\nNone\nSPECIAL MEETING AGENDA
#J Order of Business
J. Board Reports of the Executive Director\nConsent Items (1 – 2)\nOffice of the City Attorney
#K Order of Business
K. Closed Session