Present: Commissioners: Topsy-Elvord,Walter,Hancock,Cordero,Hankla Absent: None

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1 MINUTES OF A REGULAR MEETING OF THE BOARD OF HARBOR COMMIS- SIONERS OF THE CITY OF LONG BEACH, HELD IN THE BOARD ROOM OF THE HARBOR DEPARTMENT ADMINISTRATION BUILDING AT 925 HARBOR PLAZA, LONG BEACH, CALIFORNIA, ON MONDAY, AUGUST 28, 2006, AT 1 P.M. Present: Commissioners: Topsy-Elvord,Walter,Hancock,Cordero,Hankla Absent: None Also present: R. D. Steinke Executive Director K. J. Eldridge Deputy Executive Director S. B. Rubin Managing Director G. T. Hein Executive Officer to the Board D. A. Thiessen Chief Harbor Engineer H. C. Morris Director of Communications M. J. Slavin Chief Financial Officer D. L. Albrecht Director of Information Management R. Rich Director of Maintenance R. G. Kanter Director of Planning K. J. McDermott Director of Properties C. Perrone Director of Security D. B. Snyder Director of Trade & Maritime Services C. A. Kemp Director of Community Relations R. S. Baratta Director of Risk Management D. T. Holzhaus Principal Deputy City Attorney PRESIDENT HANKLA PRESIDED AS CHAIRPERSON. APPROVAL OF MINUTES. Upon motion by Commissioner Topsy-Elvord, seconded by Commissioner Walter and unanimously carried, the minutes of the regular meeting of August 21, 2006, were declared read and approved as read. PUBLIC COMMENTS. There was no one present to address the Board. CONSENT CALENDAR ITEM NOS WESTERN FENCE & SUPPLY CO., DBA PILGRIM FENCE CO. EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE, UPON SATISFACTION OF CERTAIN CONDITIONS BY CONTRACTOR, CONTRACT FOR PROVIDING AND INSTALLING FENCING MATERIAL UNDER SPECIFICATION NO. HD-S2305 CITY ATTORNEY REQUESTED TO PREPARE CONTRACT DOCUMENT NO. HD

2 Communication from D. A. Thiessen, Chief Harbor Engineer, dated August 23, 2006, requesting conditional authorization of a Contract with Western Fence & Supply Co., dba Pilgrim Fence Co., for providing and installing fencing material under Specification No. HD-S2305, in the amount of $268,989.00, was presented to the Board. The request was approved by the Executive Director. 2. CITY OF LONG BEACH WATER DEPARTMENT - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE ADDENDUM NO. 1 TO MEMORANDUM OF AGREEMENT TO ADD A WATER PIPELINE - DOCUMENT NO. HD-6765A. Communication from D. A. Thiessen, Chief Harbor Engineer, dated August 23, 2006, requesting approval of Addendum No. 1 to the Memorandum of Understanding with the City of Long Beach Water Department to add a water pipeline to the transfer agreement, was presented to the Board. The request was approved by the Executive Director. 3. DRILLING PERMIT APPLICATIONS APPROVED. Communication from Robert Kanter, Director of Planning, dated August 22, 2006, requesting that the following drilling permit applications be approved: HDP #06-098X THUMS Long Beach Co. Redrill Well J-137I RD1 HDP #06-099X THUMS Long Beach Co. Drill Well J-176 was presented to the Board. The request was approved by the Executive Director. 4. DISTRIBUTION OF A NEGATIVE DECLARATION/APPLICATION SUMMARY REPORT FOR A 21-DAY PUBLIC REVIEW AND COMMENT PERIOD FOR THE AMINE CO 2 REMOVAL PLANT LOCATED ON THUMS LONG BEACH COMPANY PROPERTY APPROVED. Communication from Robert Kanter, Director of Planning, dated August 23, 2006, requesting distribution of a Negative Declaration/Application Summary Report for a 21-day public review and comment period for the Amine CO 2 Removal Plant located on THUMS Long Beach Company property, was presented to the Board. The recommendation was approved by the Executive Director. 5. FINANCIAL STATEMENTS FOR THE LONG BEACH HARBOR DEPARTMENT FOR THE MONTH OF JULY 2006 RECEIVED AND FILED. Communication from Michael J. Slavin, Chief Financial Officer, dated August 23, 2006, transmitting financial statements for the Long Beach Harbor Department for the month of July 2006, was presented to the Board. The financial statements were approved by the Executive Director. 2

3 6. HARBOR REVENUE FUND APPROVAL OF FUND TRANSFER JOURNALS AND AUTHORIZATION OF TRANSFER OF FUNDS. Communication from Michael J. Slavin, Chief Financial Officer, dated August 23, 2006, submitting the following Fund Transfer Journals received from the Department of Financial Management: AMOUNT DESCRIPTION $645, Employee Benefits and Insurance Funds transfer of the July 2006 cost of employees fringe benefits 103, Insurance Fund Worker s Compensation for August , Employee Benefits Fund Pension obligation bonds for August , General Fund transfer of the August 2006 estimated City general administration costs 9, General Fund adjustment for additional cost of indirect overhead for prior year August , Fire Department Fire boats for August 2006 Fire Department Fire stations for August , Fire Department vessel patrol for August , Police Department police services for July , Information Services Bureau data processing operations and maintenance for June and July , Gas, water, and sewer for July , Reprographics for August , Technical Systems financial information system for August , Planning and Building Permits for June Public Works, Fleet Services Department charges for new tire and labor for Loader, POLB Vehicle #7700 3

4 Utility user s tax billed for July Gas & Oil Department Compressed Natural Gas (CNG) consumption for June , Public Works, Fleet Services Department purchase of van, POLB Vehicle # City Clerk Department reimburse for legal advertisements in the Press Telegram newspaper for Notice of Escheatment for unclaimed funds from Series 1989 Harbor Revenue Bonds was presented to the Board. The Fund Transfer Journals were approved by the Executive Director. 7. CESAR LARIOS APPOINTMENT. Communication from Toni K. Whitesell, Director of Administration, dated August 23, 2006, requesting approval of the appointment of Cesar Larios to the position of Civil Engineer at Range/Step 644/05, effective August 31, 2006, was presented to the Board. The request was approved by the Executive Director. 8. CHARLES H. GARRISON III KATHERINE C. RAND KJELL N. STAVA APPOINTMENTS. Communication from Toni K. Whitesell, Director of Administration, dated August 23, 2006, requesting approval of the appointments of the following individuals: Range Effective Appointment Classification & Step _ Date Charles H. Garrison III Civil Engineer 644/07 8/30/06 Katherine C. Rand Kjell N. Stava Port Communication Specialist III 560/02 9/05/06 Assistant Administrative Analyst II 530/01 9/05/06 was presented to the Board. The request was approved by the Executive Director. 9. SPECIFICATION NO. HD-S APPROVED AND NOTICE INVITING BIDS AUTHORIZED MOBILE EMERGENCY OPERATIONS CENTER TRAILERS. 4

5 Communication from Cosmo Perrone, Director of Security, dated August 23, 2006, submitting Specification No. HD-S2311 for the procurement of two mobile Emergency Operations Center (EOC) trailers, and requesting authority to advertise for bids for said work, was presented to the Board. The request was approved by the Executive Director. 10. ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY GOVERNING BOARD APPOINTMENT OF KEVIN J. ELDRIDGE AS ALTERNATE REPRESENTATIVE - APPROVED. Communication from Richard D. Steinke, Executive Director, dated August 24, 2006, recommending the appointment of Kevin J. Eldridge to the Alameda Corridor Transportation Authority Governing Board as an alternate representative, effective immediately, was presented to the Board. The request was approved by the Executive Director. 11. CHRIS LYTLE APPOINTMENT. Communication from Richard D. Steinke, Executive Director, dated August 24, 2006, requesting approval of the appointment of Chris Lytle to the position of Managing Director of Trade Relations and Port Operations, at $160,000 annually, was presented to the Board. The request was approved by the Executive Director. Commissioner Hancock moved, seconded by Commissioner Topsy-Elvord that the communications be received and filed and that Items Nos be approved as recommended. Carried by the following vote: AYES: Commrs: Topsy-Elvord,Walter,Hancock,Cordero,Hankla REGULAR AGENDA. 12. ULTRAMAR, INC., DBA VALERO WILMINGTON REFINERY EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE REVOCABLE PERMIT FOR PROPERTY LOCATED NORTH OF ANAHEIM STREET IN THE CITY OF LOS ANGELES DOCUMENT NO. HD-7077 RESOLUTION NO. HD ADOPTED. Communication from Kathryn McDermott, Director of Properties, dated August 23, 2006, recommending approval of a Revocable Permit with Ultramar, Inc., dba Valero Wilmington Refinery, for property located north of Anaheim Street in the City of Los Angeles, was presented to the Board together with the authorizing resolution therefore. The recommendation was approved by the Executive Director. Dr. Walter indicated that he would recuse himself from discussing or voting on items nos. 12, 13, and 14, because he holds an investment interest in a Valero entity. 5

6 Commissioner Cordero moved, seconded by Commissioner Hancock that the communication be received and filed and that the resolution entitled A RESOLUTION OF THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF LONG BEACH AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A REVOCABLE PERMIT BETWEEN THE CITY OF LONG BEACH, ACTING BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS, AND ULTRAMAR, INC., FOR THE USE OF CERTAIN PREMISES, AND MAKING A DETERMINATION RELATING THERETO, be declared read and adopted as read. Carried by the following vote: AYES: Commrs: Topsy-Elvord,Hancock,Cordero,Hankla ABSTAIN: Walter 13. ULTRAMAR, INC., DBA VALERO WILMINGTON REFINERY - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE LEASE FOR LAND NORTH OF THE REFINERY FIRST READING OF ORDINANCE. Communication from Kathryn McDermott, Director of Properties, dated August 21, 2006, recommending approval of a Lease with Ultramar, Inc., dba Valero Wilmington Refinery, for land north of their refinery to park vehicles and use as a safety buffer zone, was presented to the Board together with the authorizing ordinance therefore. The recommendation was approved by the Executive Director. Commissioner Hancock moved, seconded by Commissioner Topsy-Elvord that the communication be received and filed and that the ordinance entitled, AN ORDINANCE OF THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF LONG BEACH AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A LEASE BETWEEN THE CITY OF LONG BEACH, ACTING BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS, AND ULTRAMAR, INC., FOR THE USE OF CERTAIN PREMISES, AND MAKING A DETERMINATION RELATING THERETO, be declared read for the first time and laid over for its second and final reading. Carried by the following vote: AYES: Commrs: Topsy-Elvord,Hancock,Cordero,Hankla ABSTAIN: Walter 14. VALERO REFINING COMPANY-CALIFORNIA GRANT DEED CONVEYING JOINTLY-OWNED PROPERTY ALONG THE ALAMEDA CORRIDOR FIRST READING OF ORDINANCE. Communication from Kathryn McDermott, Director of Properties, dated August 23, 2006, recommending approval of a Grant Deed conveying jointly-owned property along the Alameda Corridor to Valero Refining Company-California, was 6

7 presented to the Board together with the authorizing ordinance therefore. The recommendation was approved by the Executive Director. Commissioner Topsy-Elvord moved, seconded by Commissioner Hancock that the communication be received and filed and that the ordinance entitled, AN ORDINANCE OF THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF LONG BEACH DIRECTING THE EXECUTIVE DIRECTOR OF THE LONG BEACH HARBOR DEPARTMENT TO EXECUTE A GRANT DEED BETWEEN THE CITY OF LONG BEACH, THE CITY OF LOS ANGELES, VALERO REFINING COMPANY- CALIFORNIA, AND MAKING A DETERMINATION RELATING THERETO, be declared read for the first time and laid over for its second and final reading. Carried by the following vote: AYES: Commrs: Topsy-Elvord,Hancock,Cordero,Hankla ABSTAIN: Walter 15. PORT OF LONG BEACH TARIFF NO. 4 ITEM NO. 302(f) MERCHANDISE RECEIVED AT A PORT OF LOS ANGELES WHARF ORDINANCE NO. HD ADOPTED. Ordinance entitled, AN ORDINANCE OF THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF LONG BEACH AMENDING ORDINANCE NO. HD-1357, DESIGNATED TARIFF NO. 4, BY ADDING ITEM NO. 302(f), was presented to the Board for its second and final reading. Commissioner Topsy-Elvord moved, seconded by Commissioner Cordero that the ordinance be declared read for the second time and adopted as read. Carried by the following vote: AYES: Commrs: Topsy-Elvord,Walter,Hancock,Cordero,Hankla 16. CITY OF COMPTON GRANT DEED AND ASSIGNMENT FOR PROPERTY ALONG THE ALAMEDA CORRIDOR DOCUMENT NO. HD ORDINANCE NO. HD ADOPTED. Ordinance entitled, AN ORDINANCE OF THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF LONG BEACH AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE GRANT DEED AND ASSIGNMENT BY AND AMONG CITY OF LONG BEACH, ACTING BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS, ALAMEDA CORRIDOR TRANSPORTATION AUTHORITY, CITY OF LOS ANGELES, ACTING BY AND THROUGH ITS BOARD 7

8 OF HARBOR COMMISSIONERS, AND CITY OF COMPTON, AND MAKING A DETERMINATION RELATING THERETO, was presented to the Board for its second and final reading. Commissioner Topsy-Elvord moved, seconded by Commissioner Hancock that said ordinance be declared read for the second time and adopted as read. Carried by the following vote: AYES: Commrs: Topsy-Elvord,Walter,Hancock,Cordero,Hankla NEW BUSINESS. Ms. Kathryn McDermott introduced Ms. Mari Takahashi, Port Leasing Sales Officer V. President Hankla welcomed Ms. Takahashi. Mr. Steinke stated that Mr. Slavin, Chief Financial Officer, would be retiring on September 1, 2006, after 25 years of service, and the meeting today would be his last Board meeting. Mr. Steinke presented Mr. Slavin with his service pin for 25 years of service to the City and stated his start date with the Port had been September 1, President Hankla and the Board congratulated Mr. Slavin on his retirement and his 25 years of service. CLOSED SESSION. President Hankla laid over the Closed Session. ADJOURNED. At 3:40 p.m., Commissioner Topsy-Elvord moved, seconded by Commissioner Cordero that the meeting be adjourned sine die. Carried by the following vote: AYES: Commrs: Topsy-Elvord,Walter,Hancock,Cordero,Hankla 8