Minutes of the regular Committee meetings and Board of Harbor Commissioners meeting 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, November 17, 2008, at 1 p.m. Present: Commissioners: Sramek, Cordero, Walter, Hankla Absent: Commissioners: Also present: D. Steinke Executive Director C. Lytle Deputy Executive Director S. B. Rubin Managing Director D. A. Thiessen Managing Director R. G. Kanter Managing Director D. T. Holzhaus Principal Deputy City Attorney A. H. Cherin Executive Officer to the Board D. Smith Government Affairs Analyst G. Wasil Assistant Director of Real Estate D. L. Albrecht Director of Information Management R. S. Baratta Director of Risk Management R. D. Cameron Director of Environmental Planning G. J. Cardamone Director of Construction Management L. Cottrill Director of Master Planning S. Joumblat Chief Financial Officer L. Marin Director of Human Resources A. J. Moro Chief Harbor Engineer H. C. Morris Director of Communications C. Perrone Director of Security R. Rich Director of Maintenance J. Chun Deputy Chief Harbor Engineer E. Shen Director of Transportation Planning D. Sereno Director or Program Management D. B. Snyder Director of Trade Relations President Hankla Presided as Chairperson.
Nick Sramek, Chair Mario Cordero, Vice Chair Regular Agenda: Engineering and Environmental Committee November 17, 2008 1. Amendment to Contract with Zen Engineering, Inc., for Port of Long Beach Engineering Design Services. (A. Moro) Motion: Walter Second: Cordero 2. Amendment to Contract with P2S Engineering for the Pier T Lighting Transformer Rehabilitation Project. (A. Moro) Motion: Cordero Second: Walter 3. Amendment to Contract with URS Corporation for the Pier S Marine Terminal Development Project EIS/EIR and CWO 1217, Draft Supplement. (A. Moro) Commissioner Cordero requested POLB s Government Affairs Division take an active role communicating the necessity of streamlining/expediting the EIR/EIS processes to Sacramento and Washington. Motion: Hankla Second: Walter 4. Amendment to Contract with CALSTART, Inc., for the Hybrid Yard Hostler Demonstration and Commercialization Project. (R. Cameron) Motion: Hankla Second: Walter -2-
Finance and Support Services Committee November 17, 2008 Mario Cordero, Chair Mike Walter, Vice Chair Regular Agenda: 1. Revocable Permit with Oxy Long Beach, Inc., for vehicle parking and storage on Port-owned land within the Harbor District. (K. Adamowicz) Motion: Walter Second: Hankla -3-
Mike Walter, Chair Nick Sramek, Vice Chair Regular Agenda: Trade Relations and Port Operations Committee November 17, 2008 1. Presentation on Brand Implementation. (H. Morris) Recommendation: Receive and file. Commissioner Cordero requested incorporating The Green Port into our branding outreach program. Motion: Hankla Second: Sramek 2. Request for sponsorship from the Asthma and Allergy Foundation of America California Chapter for their annual Breath of Life Ball. Cost: $1,000. (H. Morris) Recommendation: Approve. Commissioner Cordero addressed the Board and requested amending the sponsorship amount to $5,000. Motion: Hankla Second: Sramek Amended 3. Request for sponsorship from the Waterfront Coalition for their Southern California Port Workshop. Cost: $3,000. (H. Morris) Recommendation: Approve. Mr. Selwyn Moore addressed the Board. Motion: Cordero Second: Hankla 3-0 -4-
4. Contract with C.A. Gamble & Associates for Transportation Worker Identification Credential (TWIC) Project Management. (C. Perrone) Motion: Sramek Second: Cordero 5. Contract with RMI International for providing Professional Security Staffing Services. (C. Perrone) Motion: Sramek Second: Hankla 6. Acceptance of the FY 2007 Urban Area Security Initiative Grant Projects; GWO No s HA- 4716; 4717; and 4718. (C. Perrone) Motion: Cordero Second: Sramek 7. Amendment to the Green Flag Incentive Program under Port of Long Beach Tariff No. 4, Item 262. (D. Snyder) Withdrawn -5-
Approval of Minutes. Upon motion by Commissioner Walter, seconded by Commissioner Sramek and unanimously carried, the minutes of the regular meeting of November 10, 2008, at 1:00 pm, were declared read and approved as read. Consent Agenda Items Nos. 1 6 1. SPECIFICATION NO. HD-S2344 - APPROVED AND NOTICE INVITING BIDS AUTHORIZED FURNISHING WATERBORNE CONSTRUCTION EQUIPMENT. Communication from G.J. Cardamone, Director of Construction Management, dated November 12, 2008, submitting Specification No. HD-S2344 for Furnishing Waterborne Construction Equipment and requesting authority to advertise for bids for said work, was presented to the Board. The request was approved by the Executive Director. 2. HARBOR REVENUE FUND APPROVAL OF FUND TRANSFER JOURNALS AND AUTHORIZATION OF TRANSFER OF FUNDS. Communication from Sam Joumblat, Chief Financial Officer, dated November 12, 2008, submitting the following Fund Transfer Journals received from the Department of Financial Management: AMOUNT DESCRIPTION 1,297,222.11 Employee Benefits and Insurance Funds Transfer of the September 2008 cost of employees fringe benefits. 9,084.17 Fire Dept. Vessel patrol for October 2008. 51,739.65 Planning and Building Permits for September2008. 92.51 Public Works/Fleet Services Bureau Labor charges by Fleet Services Bureau on Unit 3928 HD (46 Dive Boat) in October 2008. 647.50 Police Dept. Charges for 50% cost of Recruiting Booth at the Los Angeles Job Fair on 10/21/08. 87.00 Health Dept. Reimbursement for travel immunization for Diane Jacobus, Assistant Executive Officer, on service date 10/7/08. 1,731.63 Utility user s tax billed for October 2008. 5,700.00 Police Dept. Charges for Police Pistol Range for 38 officers, FY 2008. was presented to the Board. The request was approved by the Executive Director -6-
3. WESTRUX INTERNATIONAL, INC. - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE CONTRACT FOR PREVENTATIVE MAINTENANCE OF INTERNATIONAL BRAND VEHICLES LEASED THROUGH THE CLEAN TRUCKS PROGRAM - DOCUMENT NO. HD-7389. Communication from Sam Joumblat, Chief Financial Officer, dated November 12, 2008, recommending approval of Contract with Westrux International, Inc., for preventative maintenance of International brand vehicles leased through the Clean Trucks Program, for the period starting with the Board s approval date and ending on December 31, 2018, in an amount not to exceed $15 million, was presented to the Board. The recommendation was approved by the Executive Director. 4. INLAND KENWORTH (US) INC., - DOCUMENT NO. HD-7390; LOS ANGELES TRUCK CENTERS, LLC - DOCUMENT NO. HD-7391; TEC OF CALIFORNIA, INC. - DOCUMENT NO. HD-7392; WESTRUX INTERNATIONAL, INC. - DOCUMENT NO. HD-7393- EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE AGREEMENTS WITH DEALERS PARTICIPATING IN THE CLEAN TRUCKS PROGRAM. Communication from Sam Joumblat, Chief Financial Officer, dated November 12, 2008, requesting approval of Agreements with Inland Kenworth (US) Inc., Los Angeles Truck Centers, LLC, TEC of California Inc., and Westrux International, Inc., for participation in the Clean Trucks Program and authorize the Executive Director to make minor changes where necessary, was presented to the Board. The recommendation was approved by the Executive Director. 5. HEATHER TOMLEY, THOMAS JELENIC, JOHN BELL, BRADY BARBER, LAMAR HOWARD, KEVIN RODGERS, NATHAN SHAW AND JOHN VILLARREAL APPOINTMENTS. Communication from Lisa Marin, Director of Human Resources, dated November 13, 2008, requesting approval of the appointments of the following individuals: Range Effective Appointment Classification & Step Date Heather Tomley Assistant Director of EOO/01 11/22/08 Environmental Planning Thomas Jelenic Assistant Director of EOO/01 11/22/08 Environmental Planning John Bell Special Services Officer III 440/01 11/18/08 Brady Barber Special Services Officer III 440/01 11/18/08 Lamar Howard Special Services Officer III 440/01 11/18/08-7-
Kevin Rodgers Special Services Officer III 440/01 11/18/08 Nathan Shaw Special Services Officer III 440/01 11/18/08 John Villarreal Special Services Officer III 440/01 11/18/08 was presented to the Board. The request was approved by the Executive Director. 6. P2S ENGINEERING - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE FIRST AMENDMENT TO CONTRACT FOR PIER C SHORE TO SHIP POWER PROJECT DOCUMENT NO. HD-7143A. Communication from Douglas J. Sereno, Director of Program Management, dated November 12, 2008, requesting approval of First Amendment to Contract with P2S Engineering for Shore to Ship Power Project to adjust their service rates and contract time extension to December 31, 2010, was presented to the Board. The request was approved by the Executive Director. Commissioner Walter moved, seconded by Commissioner Sramek that the communications be received and filed and that Items Nos. 1-6, be approved as recommended. Carried by the following vote: Regular Agenda. 7. ESTABLISHING RATES AND CHARGES FOR WATER AND SEWER SERVICES RESOLUTION NO. HD-2478 - ADOPTED - FIRST READING OF ORDINANCE. Communication from Randy Rich, Director of Maintenance, dated November 12, 2008, recommending approval of establishing rates and charges for water and sewer services to certain consumers within the Harbor District for fiscal year 2008-2009, was presented to the Board. The recommendation was approved by the Executive Director. Commissioner Sramek moved, seconded by Commissioner Walter 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, ESTABLISHING RATES AND CHARGES FOR WATER SERVICE TO CERTAIN CONSUMERS WITHIN THE HARBOR DISTRICT OF THE CITY OF LONG BEACH, FOR A PERIOD OF NINETY (90) DAYS COMMENCING OCTOBER 1, 2008, AND MAKING A DETERMINATION RELATING THERETO, be declared read and adopted as read. Carried by the following vote: -8-
Commissioner Sramek moved, seconded by Commissioner Walter that the ordinance entitled AN ORDINANCE OF THE BOARD OF HARBOR COMMISSIONERS OF THE CITY OF LONG BEACH, ESTABLISHING RATES AND CHARGES FOR WATER SERVICE TO CERTAIN CONSUMERS WITHIN THE HARBOR DISTRICT OF THE CITY OF LONG BEACH, AMENDING ORDINANCE NO. HD-1633, AS AMENDED, AND MAKING A DETERMINATION REALTING THERETO, be declared read for the first time and laid over for its second and final reading. Carried by the following vote: 8. ULTRAMAR, INC. DBA VALERO WILMINGTON REFINERY EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE LEASE FOR PIER A GATE EXPANSION DOCUMENT NO. HD-7394 - RESOLUTION NO. HD-2479 - ADOPTED. Communication from Karl Adamowicz, Director of Real Estate, dated November 10, 2008, recommending approval of a Lease with Ultramar, Inc. dba Valero Wilmington Refinery for Pier A Gate Expansion, was presented to the Board. The recommendation was approved by the Executive Director. Commissioner Sramek moved, seconded by Commissioner Cordero 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 LEASE BETWEEN THE CITY OF LONG BEACH, ACTING BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS, AND ULTRAMAR INC., DBA VALERO WILMINGTON REFINERY FOR THE USE OF CERTAIN PREMISES IN CLOSE PROXIMITY TO THE NORTHEAST GATE, AND MAKING A DETERMINATION RELATING THERETO, be declared read and adopted as read. Carried by the following vote: Commissioner Walter recused himself from the vote. Ayes: Commissioners: Cordero, Sramek, Hankla Not Voting: Commissioner: Walter 9. SSA TERMINALS, LLC TOYOTA MOTOR SALES, U.S.A., - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE A CONSENT OF LICENSE AND INDEMNITY AGREEMENT - DOCUMENT NO. HD -7395 - RESOLUTION NO. HD-2480 - ADOPTED. Communication from Karl Adamowicz, Director of Real Estate, dated November 12, 2008, recommending approval of a Consent to License and Indemnity Agreement between SSA Terminals, LLC and Toyota Motor Sales, U.S.A., Inc., was presented to the Board. The recommendation was approved by the Executive Director. -9-
Commissioner Cordero moved, seconded by Commissioner Sramek 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 CONSENT TO LICENSE AND INDEMNITY AGREEMENT BETWEEN THE CITY OF LONG BEACH, ACTING BY AND THROUGH ITS BOARD OF HARBOR COMMISSIONERS, SSA TERMINALS (LONG BEACH), LLC, AND TOYOTA MOTOR SALES U.S.A, INC., AND MAKING A DETERMINATION REALATING THERETO, be declared read and adopted as read. Carried by the following vote: 10. AMENDMENT TO ITEM 402(a) OF TARIFF NO. 4 AMENDING LANGUAGE TO THE U.S. CUSTOMS HOLD CODES ORDINANCE NO. HD-2036. Commissioner Walter moved, seconded by Commissioner Sramek that the 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 AMENDING ITEM NO. 402(a), be declared read and adopted as read. Carried by the following vote: Public Comments on Non-Agenda Items. Greg Roche, Clean Energy, addressed the Board. President Hankla applauded Clean Energy s efforts. Dr. Kanter requested that Mr. Roche return to the Board for an update on LNG fueling stations. New Business. Commissioner Walter commented on Dominic Holzhaus memo to the Board. Commissioner Sramek questioned if the Virginia Port Authority is testing the same Green Goat technology that the Port of Long Beach tested. Richard Steinke, Executive Director, responded. Heather Morris, Director of Communications, reminded the Board and the public of the upcoming Let's Talk Port event at Cabrillo High School. -10-
Closed Session. Adjourned. At 2:34 p.m., President Hankla recessed the Board meeting to hold a closed session: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code (one case). CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Closed session pursuant to Section 54956.9(a) of the Government Code regarding American Trucking Associations, Inc. vs. City of Los Angeles, City of Long Beach, et al., United States District Court, Case No. CV08-04920. Closed session pursuant to Section 54956.9(a) of the Government Code regarding The City of Los Angeles, The Harbor Department of the City of Los Angeles, et al., Before the Federal Maritime Commission, Docket No. 08-05. Closed session pursuant to Section 54956.9(a) of the Government Code regarding Federal Maritime Commission vs. City of Los Angeles, California, et al., United States District Court, District of Columbia, Case No. 1:08-CV-01895-RJL. At 3:30 p.m., the meeting was again called to order by President Hankla. At 3:32 pm, Commissioner Walter moved, seconded by Commissioner Sramek that the meeting be adjourned sine die. Carried by the following vote: -11-