Board of Harbor Commissioners Minutes

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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, March 3, 2008, at 1 p.m. Present: Commissioners: Sramek, Hankla, Topsy-Elvord, Walter Also present: R. D. Steinke 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 S. Ashley Director of Government Affairs K. J. Adamowicz 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. R. Santa Ana Director of Engineering Design D. Sereno Director or Program Management E. Shen Director of Transportation Planning D. B. Snyder Director of Trade Relations Vice President Walter Presided as Chairperson. Commissioner Walter requested that the Committee item reports be shortened by highlighting only the current issues and recommendation.

James C. Hankla, Chair Doris Topsy-Elvord, Vice Chair Regular Agenda: Finance and Support Services Committee March 3, 2008 1. Amendment to Joint Revocable Permit with Equilon Enterprises, LLC, dba Shell Oil Products, US, for pipeline in jointly owned property adjacent to and within the Alameda Corridor. (K. Adamowicz) Recommendation: Approve and refer to Board of Harbor Commissioners. Motion: Walter Second: Topsy-Elvord 2. Revocable Permit with Stapleton Technologies, Inc., for warehouse space located at 1156 Harbor Avenue. (K. Adamowicz) Recommendation: Approve and refer to Board of Harbor Commissioners. Motion: Sramek Second: Topsy-Elvord -2-

Doris Topsy-Elvord, Chair Nick Sramek, Vice Chair Regular Agenda: Trade Relations and Port Operations Committee March 3, 2008 1. Request for sponsorship from Harbor Association of Industry & Commerce for the 7 th Annual Maritime Transportation Month Trip to Sacramento. Cost: $1,000. (H. Morris) Recommendation: Approve. Mr. Bill Light addressed the Board. Motion: Hankla Second: Sramek 2. Request for sponsorship from South Bay Latino Community Development Corporation for their Scholarship Fundraiser. Cost: $2,500. (H. Morris) Recommendation: Approve. Mr. Candy Saenz addressed the Board. Motion: Hankla Second: Walter 3. Request for sponsorship from Friends of the Los Angeles River for the 19 th Annual La Gran Limpieza: The Great Los Angeles River CleanUp. Cost: $5,000. (H. Morris) Recommendation: Approve. Ms. Alicia Katano addressed the Board. Motion: Sramek Second: Hankla -3-

Approval of Minutes. Upon motion by Commissioner Topsy-Elvord, seconded by Commissioner Sramek and unanimously carried, the minutes of the regular meeting of February 25, 2008, at 9:00 am, were declared read and approved as read. Public Comments on Agenda Items. There was no one present to address the Board on agenda items. Consent Agenda Items Nos. 1-8 1. GILL V. HICKS AND ASSOCIATES, INC. - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE FIFTH AMENDMENT TO CONTRACT FOR THE TRUCK TRIP AND EMISSIONS REDUCTION PROGRAM AND COST SHARING AGREEMENT WITH THE PORT OF LOS ANGELES DOCUMENT NO. HD-6788E - DOCUMENT NO. HD-7173D (Previously know as Document No. HD-7291) - WO NO. 5058, SUPPLEMENT 8. Communication from Robert Kanter, Managing Director of Environmental Affairs and Planning, dated February 27, 2008, requesting approval of a Fifth Amendment to Contract with Gill V. Hicks for the Truck Trip and Emissions Reduction Program, extending the term of the contract through January 31, 2009, and approval of the cost sharing agreement with the Port of Los Angeles, was presented to the Board. The request was approved by the Executive Director. 2. LEVEL I HARBOR DEVELOPMENT PERMITS RECEIVED AND FILED. Communication from Richard D. Cameron, Director of Environmental Planning, dated February 26, 2008, requesting that the following Level I Harbor Development Permits be received and filed: HDP #08-002 Pacific Coast Recycling Fence Installation HDP #08-005 Port of Long Beach Pier A West/Area 2 Interim Staging Area Modifications HDP #08-008 SSA Marine Wastewater Clarifier Realignment HDP #08-009 City Paper and Metal Clarifier Installation HDP #08-010 Southern California Edison Annual Maintenance and Repair was presented to the Board. The request was approved by the Executive Director. -4-

3. PRELIMINARY FINANCIAL STATEMENTS FOR THE LONG BEACH HARBOR DEPARTMENT FOR FISCAL YEAR 2007 RECEIVED AND FILED. Communication from Sam Joumblat, Chief Financial Officer, dated February 27, 2008, transmitting preliminary financial statements for the Long Beach Harbor Department for the fiscal year 2007, was presented to the Board. The preliminary financial statements were approved by the Executive Director. 4. FINANCIAL STATEMENTS FOR THE LONG BEACH HARBOR DEPARTMENT FOR FIRST QUARTER OF FISCAL YEAR 2008 RECEIVED AND FILED. Communication from Sam Joumblat, Chief Financial Officer, dated February 27, 2008, requesting the financial statements for the Long Beach Harbor Department for the First Quarter of Fiscal Year 2008, be received and filed, was presented to the Board. The financial statements were approved by the Executive Director. 5. STEPHEN RUGGIERO, YAZMIN GARCIA, AND JUSTIN LUEDY APPOINTMENTS. Communication from Lisa Marin, Director of Human Resources, dated February 27, 2008, requesting approval of the appointments of the following individuals: Range Effective Appointment Classification & Step Date Stephen Ruggiero Assistant Director of Security for EOO 3/19/08 Homeland Security Yazmin Garcia Environmental Specialist Assistant 514 3/24/08 Justine Luedy Administrative Intern Non-career H36 3/06/08 was presented to the Board. The request was approved by the Executive Director. 6. TIDELANDS OIL PRODUCTION COMPANY CONTRACT PURCHASE ORDER FOR UNIT OPERATING COSTS FOR OIL FIELD OPERATIONS. Communication from Larry Cottrill, Director of Master Planning, dated February 26, 2008, requesting approval of the Contract Purchase Order with Tidelands Oil Production Company for unit operating costs for oil field operations for the second six months of FY 2007-2008, from April 1, 2007 through September 30, 2008, in the amount of $21.564 million. The request was approved by the Executive Director. 7. KIMLEY-HORN AND ASSOCIATES - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE FOURTH AMENDMENT TO CONTRACT FOR A TIME EXTENSION DOCUMENT NO. HD-6812D. -5-

Communication from Douglas Sereno, Director of Program Management, dated February 27, 2008, requesting approval of a Fourth Amendment to Contract with Kimley-Horn and Associates for engineering support services, extending the term of the contract through December 31, 2008, was presented to the Board. The request was approved by the Executive Director. 8. PARSONS TRANSPORTATION GROUP - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE ELEVENTH AMENDMENT TO CONTRACT FOR A TIME EXTENSION DOCUMENT NO. HD-5837K. Communication from Douglas Sereno, Director of Program Management, dated February 27, 2008, requesting approval of an Eleventh Amendment to Contract with Parsons Transportation Group for design consulting services, extending the term of the contract through December 31, 2008, was presented to the Board. The request was approved by the Executive Director. Commissioner Hankla moved, seconded by Commissioner Topsy-Elvord that the communications be received and filed and the Items Nos. 1 8 be approved as recommended. Carried by the following vote: Ayes: Commissioners: Sramek, Hankla, Topsy-Elvord, Walter Noes: Commissioners: None Regular Agenda. 9. PORT OF LONG BEACH TARIFF NO. 4 - ADDITION OF ITEM 265(h) CLEAN AIR BERTHING OF TUGS RESOLUTION NO. HD-2408 ADOPTED FIRST READING OF ORDINANCE. Communication from Donald B. Snyder, Director of Trade Relations, dated February 27, 2008, recommending approval of the addition of Item 265(h) in the Port of Long Beach Tariff No. 4 to waive dockage charges for tugs in order to minimize emissions from these vessels while in transit between assignments, was presented to the Board together with the authorizing resolution and ordinance therefore. The recommendation was approved by the Executive Director. Commissioner Topsy-Elvord 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 AMENDING ORDINANCE NO. HD-1357, DESIGNATED TARIFF NO. 4, BY ADDING ITEM NO. 265(h) FOR A PERIOD OF NINETY DAYS COMMENCING MARCH 1, 2008, be declared read and adopted as read. Carried by the following vote: Ayes: Commissioners: Sramek, Hankla, Topsy-Elvord, Walter Noes: Commissioners: None -6-

Commissioner Topsy-Elvord moved, seconded by Commissioner Sramek 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 AMENDING ORDINANCE NO. HD-1357, DESIGNATED TARIFF NO. 4, BY ADDING ITEM NO. 265(h), be declared read for the first time and laid over for its second and final reading. Carried by the following vote: Ayes: Commissioners: Sramek, Hankla, Topsy-Elvord, Walter Noes: Commissioners: None Commissioner Hankla questioned how changing the tariff will reduce emissions. Don Snyder, Director of Trade Relations, responded. Commissioner Walter questioned why this action wasn t taken sooner. Don Snyder, Director of Trade Relations, responded. New Business. Commissioner Walter highlighted an editorial that was printed in Sunday s Press Telegram. Richard Steinke, Executive Director, spoke about his participation in the Journal of Commerce TransPacific Maritime Conference. Don Snyder also made remarks regarding the Journal of Commerce TransPacific Maritime Conference. Commissioner Hankla stated his concerns regarding the public information request made by LAANE. Commissioner Sramek agreed with Commissioner Hankla s remarks regarding the request. He also spoke regarding his letter to the editor in Sunday s Press Telegram. Commissioner Walter stated that he welcomed any comments from the public that will better the Clean Air Action Plan. Public Comments on Non-Agenda Items. There was no one present to address the Board on non-agenda items. -7-

Closed Session. Adjourned. At 1:35 p.m., Vice President Walter recessed the Board meeting to hold a closed session: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Closed session pursuant to Section 54956.9(a) of the Government Code regarding Pacific Merchant Shipping Association vs. James Goldstene, City of Long Beach, et al., United States Court of Appeals Docket No. 07-16695, D.C. No. CV-06-02791-WBS. At 2:00 p.m., the meeting was again called to order by Vice President Walter. At 2:02 pm, Commissioner Topsy-Elvord moved, seconded by Commissioner Sramek that the meeting be adjourned sine die. Carried by the following vote: Ayes: Commissioners: Sramek, Hankla, Topsy-Elvord, Walter Noes: Commissioners: None -8-