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 16, 2009, at 1 p.m. Present: Commissioners: Sramek, Cordero, Walter, Hankla 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 S. Ashley Director of Government Affairs K. 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 S. Ruggiero Assistance 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 March 16, 2009 1. Conditional Award of Contract to Harris Steel Fence Co., Inc., for Providing and Installing Fencing Materials under Specification No. HD-S2349. (G. Cardamone) Motion: Hankla Second: Walter 2. Amendment to Contract with DMJM+Harris for design and construction support services for the Pier T, Berth T121, BP Cold Ironing Project. (D. Sereno) Motion: Walter Second: Cordero 3. Amendment to Contract with System Metrics Group, Inc., for providing technical oversight on the Advanced Transportation Management and Information System Project. (D. Sereno) Motion: Hankla Second: Walter -2-
Finance and Support Services Committee March 16, 2009 Mario Cordero, Chair Mike Walter, Vice Chair Regular Agenda: 1. Consent to Assignment of Lease between Mark Perez, M.D., USHW of California, Inc., USHW Holdings Corporation, and the Port of Long Beach; and Amendment to Lease between USHW of California, Inc., and the Port of Long Beach for a medical office facility located at 150 S. Pico Avenue. (K. Adamowicz) Motion: Sramek Second: Walter 2. License Agreement with Clean Energy to install a sewer line on property jointly owned with the Port of Los Angeles and property solely owned by the Port of Long Beach. (K. Adamowicz) Motion: Walter -3-
Mike Walter, Chair Nick Sramek, Vice Chair Regular Agenda: Trade Relations and Port Operations Committee March 16, 2009 1. Request for sponsorship from Long Beach Polytechnic High School for an historical mural of the Port of Long Beach. Cost: $1,600. (H. Morris) Recommendation: Approve. Maggie Chandler, Poly High School, addressed the Board. Motion: Hankla 2. Request for sponsorship from Phillips Publishing Group dba Pacific Maritime Magazine for the GreenPacific 2009 Conference. Cost: $2,000. (H. Morris) Recommendation: Approve. Elizabeth Warren, FuturePorts, addressed the Board. Commissioner Walter requested a report at the conclusion of the Conference regarding Port of Long Beach communications with Terminal Operators and Ocean Carriers. Motion: Sramek Second: Cordero 3. Request for sponsorship from International Trade Education Programs for their Annual Scholarship & Fundraising Dinner. Cost: $2,500. (H. Morris) Recommendation: Approve. Withdrawn. -4-
4. Request for sponsorship from the California Foundation on the Environment and the Economy for a Roundtable Conference on Goods Movement. Cost: $3,000. (H. Morris) Recommendation: Approve. Commissioner Walter requested a report on the outcome of the conference. Motion: Cordero 5. Request for sponsorship from Long Beach Sister Cities, Inc., for 2008-2009 funding. Cost: $15,000. (H. Morris) Recommendation: Approve. David Zanatta, Long Beach Sister Cities, addressed the Board. Motion: Hankla 6. Conditional Award of Contract with M&M Lifts, Inc., for one CNG powered aerial lift truck, under Specification No. HD-S2338. (R. Rich) Motion: Cordero 7. Acceptance of Proposition 1B Grant Award and GWO Nos. HA-4719, Port Security Grant Program Cost Share; 4720, Underwater Surveillance Enhancement; 4721, Physical Security Enhancements; 4722, Interoperable Radios; 4723, 3D Laser Imaging Equipment; 4724, Critical Infrastructure Cameras; and 4725, Radiation/Nuclear Detection Equipment. (C. Perrone) Motion: Sramek Second: Hankla -5-
8. GWO No. HA-4702, Procurement of a Fiber Optic Network, Draft Supplement. (C. Perrone) Motion: Cordero 9. Amendment to Port of Long Beach Tariff No. 4, adding items 1200, 1205 Intermodal Container Rate Reduction Program and Item 1210, Intermodal Ocean Common Carrier Incentive Program. (D. Snyder) Commissioner Hankla requested Quarterly Cash Flow Analysis & Projections. Motion: Cordero Motion adopted with the following change: Item 1210, Baseline Volume Definition, last line: delete calendar year 2008 and replace it with the baseline year. -6-
Approval of Minutes. Upon motion by Commissioner Walter, seconded by Commissioner Cordero and unanimously carried, the minutes of the regular meeting of March 9, 2009, at 1:00 pm, were declared read and approved as read. Consent Agenda Items Nos. 1 8 1. PIER B BERTH B79 MISCELLANEOUS CONCRETE AND STRUCTURAL STEEL REPAIRS CWO HA1284 - SUPPLEMENT NO. 1 - APPROVED. Communication from J.D. MacArthur, Interim Director of Engineering Design, dated March 11, 2009, requesting approval of Supplement No. 1 to CWO HA1284, in the amount of $350,000, to fund concrete and structural steel repairs, and associated engineering support, was presented to the Board. The request was approved by the Deputy Executive Director. 2. P2S ENGINEERING DESIGN EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE CONTRACT FOR ELECTRICAL DESIGN CRITERIA - DOCUMENT NO. HD-7435 - APPROVED. Communication from J.D. MacArthur, Interim Director of Engineering Design, dated March 11, 2009, recommending authorization of a Contract with P2S Engineering, Inc. for electrical design services in the amount of $180,000 for the period of March 1, 2009 through December 31, 2010, was presented to the Board. The recommendation was approved by the Executive Director. 3. LEVEL I HARBOR DEVELOPMENT PERMITS RECEIVED AND FILED. Communication from Richard D. Cameron, Director of Environmental Planning, dated March 10, 2009, requesting that the following Level I Harbor Development Permits be received and filed: HDP #08-103 HDP #09-002 HDP #09-005 HDP #09-009 HDP #09-010 Port of Long Beach Rail Yard Fencing Port of Long Beach Pier C Street Vacation L.G. Everist, Inc. Roof Repair Southern California Edison Annual Maintenance Repair Petro-Diamond Terminal Company Geotechnical Investigation was presented to the Board. The request was approved by the Executive Director. -7-
4. E2 MANAGETECH, INC. EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT FOR CONTRACTS HD- 7006, HD7409, AND HD 7416 DOCUMENT NO. HD-7436 APPROVED. Communication from Richard D. Cameron, Director of Environmental Planning, dated March 10, 2009, requesting approval for an Assignment, Assumption and Consent Agreement with E2 ManageTech, Inc. for Contracts HD-7006, HD-7409, and HD-7416 to provide professional services, was presented to the Board. The request was approved by the Executive Director. 5. FINANCIAL STATEMENTS FOR THE LONG BEACH HARBOR DEPARTMENT FOR THE MONTH OF JANUARY 2009 RECEIVED AND FILED. Communication from Sam Joumblat, Chief Financial Officer, dated March 11, 2009, transmitting financial statements for the Long Beach Harbor Department for the month of March 2009, was presented to the Board. The financial statements were approved by the Executive Director. 6. HARBOR REVENUE FUND APPROVAL OF FUND TRANSFER JOURNALS AND AUTHORIZATION OF TRANSFER OF FUNDS. Communication from Sam Joumblat, Chief Financial Officer, dated March 10, 2009, submitting the following Fund Transfer Journals received from the Department of Financial Management: AMOUNT DESCRIPTION 1,964,916.99 Fire Dept. Fire stations and boats for February and March 2009. 18,168.34 Fire Dept. Vessel patrol for February and March 2009. 358,511.60 Police Dept. Police services for December 2008. 54.00 Technology Services Dept. Pager services charges for December 2008. 4,041,866.00 Tidelands Fund Third Installment of the operating transfer of 10% of FY 2007 Harbor net income. Due 4/1/09. 409.31 Water Dept. Purchase of one (1) turbine water meter on 2/9/09, and identified by Meter No. N70167555. 1,864.11 Human Resources, Employee Benefits Reimbursement for service pins ordered for FY 2008. was presented to the Board. The request was approved by the Executive Director. -8-
7. MODULAR SPACE CORPORATION EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE LEASE AGREEMENTS FOR TEMPORARY OFFICE TRAILERS FOR THE CLEAN TRUCK PROGRAM SALES AND LEASING OFFICES DOCUMENT NO. HD- 7437 - ADOPTED. Communication from Karl Adamowicz, Director of Real Estate, dated March 11, 2009, requesting approval of extensions to nine separate lease agreements with Modular Space Corporation (ModSpace) for temporary office trailers and furniture for the Clean Trucks Program Sales and Leasing Offices, was presented to the Board. The recommendation was approved by the Executive Director. 8. PORT OF LOS ANGELES - EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE MEMORANDUM OF UNDERSTANDING FOR THE PORT-WIDE RISK MANAGEMENT/MITIGATION PLAN DOCUMENT NO. HD-7438 - APPROVED. Communication from Cosmo Perrone, Director of Security, dated March 10, 2009, recommending approval of the Memorandum of Understanding, in the amount of $500,000 with the Port of Los Angeles to reimburse the Port of Long Beach for expenditures incurred related to the Port-Wide Risk Management/Mitigation Plan, was presented to the Board. The recommendation was approved by the Executive Director. Commissioner Walter moved, seconded by Commissioner Sramek that the communications be received and filed and the Items Nos. 1 8 be approved as recommended. Carried by the following vote: Ayes: Commissioners: Cordero, Sramek, Walter, Hankla Regular Agenda. 9. RESOLUTION RESETTING THE REGULAR MEETING OF MONDAY, MARCH 23, 2009 RESOLUTION NO. HD-2492 - ADOPTED. Communication from Alex H. Cherin, Executive Officer to the Board, dated March 6, 2009, recommending adoption of a resolution authorizing resetting the regular meeting time of the Monday, March 23, 2009, Board meeting to 9:00 a.m., was presented to the Board. The recommendation was approved by the Executive Director. Commissioner Walter 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 SUSPENDING ARTICLE VIII.A AND C OF THE GOVERNANCE BYLAWS AS SET FORTH IN HARBOR DEPARTMENT ORDINANCE NO. HD-2424 RELATING TO THE MEETING SCHEDULE OF THE BOARD OF HARBOR COMMISSIONERS AND ITS COMMITTEES, AND RESETTING THE TIME OF THE REGULAR MEETING AND COMMITTEE MEETINGS OF MARCH 23, 2009, be declared read and adopted as read. Carried by the following vote: -9-
Ayes: Commissioners: Cordero, Sramek, Walter, Hankla 10. CONTRACT FOR EMERGENCY REPAIRS TO DEBRIS NETTING SYSTEM ON THE GERALD DESMOND BRIDGE - APPROVED. The Board received and filed the Project Status Update dated March 11, 2009, and determined that there is a need to continue the emergency action approved March 9, 2009 pursuant to Public Contract Code Section 22050. Ayes: Commissioners: Cordero, Sramek, Walter, Hankla 11. ULTRAMAR, INC., DBA VALERO WILMINGTON REFINERY EXECUTIVE DIRECTOR AUTHORIZED TO EXECUTE LEASE FOR PIER A - HENRY FORD PARCEL DOCUMENT NO. HD-7439 RESOLUTION NO. HD-2493 - ADOPTED. Communication from Karl Adamowicz, Director of Real Estate, dated March 10, 2009, requesting adoption of a Resolution approving a lease with Ultramar, Inc., dba Valero Wilmington Refinery, 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, AND MAKING A DETERMINATION RELATING THERETO, be declared read and adopted as read. Carried by the following vote: Ayes: Commissioners: Cordero, Sramek, Hankla Recused: Commissioners: Walter 12. TARIFF NO. 4, ITEM 1055 AMENDMENT TO ITEM 1055 OF TARIFF NO. 4 REVISING THE VESSEL MAIN ENGINE FUEL INCENTIVE PROGRAM RESOLUTION NO. HD- 2494 FIRST READING OF ORDINANCE. Communication from Donald B. Snyder, Director of Trade Relations, dated March 10, 2009, requesting approval to amend Item 1055 of Tariff No. 4, revising the Vessel Main Engine Fuel Incentive Program, was presented to the Board. The request was approved by the Executive Director. -10-
Commissioner Walter requested staff to follow-up with the customers to ensure they are all aware of the program. Chris Lytle, Deputy Executive Director, responded. Commissioner Cordero moved, seconded by Commissioner Walter 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 SECTION 10, ITEM 1055 be declared read the first time and laid over for second reading and adoption. Carried by the following vote: Ayes: Commissioners: Cordero, Sramek, Walter, Hankla Commissioner Cordero 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 AMENDING ORDINANCE NO. HD-1357, DESIGNATED TARIFF NO. 4, BY AMENDING SECTION 10 FOR A PERIOD OF NINETY DAYS, be declared read and adopted as read. Carried by the following vote: Ayes: Commissioners: Cordero, Sramek, Walter, Hankla Public Comments on Non-Agenda Items. There was no one present to address the Board on non-agenda items. New Business. Commissioner Walter highlighted an article in the March 9, 2009, Los Angeles Business Journal entitled Long Beach Flags Cargo Carriers for Not Speeding. Commissioner Cordero reported on his visit to IBEW Headquarters. He also commented on his visit with the Governor of Durango, Mexico Ismael Hernandez Deras. Commissioner Cordero enquired on the status of the solar study and the truck drayage data. Dr. Robert Kanter, Managing Director, responded. President Hankla congratulated Pacific Harbor Lines on being named 2009 Short Line, Regional Railroads by Railway Age. President Hankla announced that the meeting on March 23, 2009, will begin at 9:00 am and that there will be a Special Meeting on April 13, 2009, that will begin at 8:30 am. He read a letter from a Long Beach constituent who praised the Re:Port publication. President Hankla reported on the European Trade Mission. Mr. Lytle commented on the Trade Mission as well. -11-
Richard Steinke, Executive Director, reported on CITT 10th Annual State of the Trade & Transportation Industry Town Hall Meeting. Steve Ruggiero, Assistant Director of Security, acknowledged Sgt. Doug Rangel for being presented with a Hometown Hero medal from the American Red Cross for saving a life. Closed Session. Adjourned. At 3:05 p.m., President Hankla recessed the Board meeting to hold a closed session: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Closed session pursuant to Section 54956.8 of the Government Code for conference with real property negotiator Karl Adamowicz to discuss the preferential assignment agreements with Total Terminals International for Pier T container terminal and cranes. Instructions concern five-year renegotiation of compensation. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION 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. At 4:15 p.m., the meeting was again called to order by President Hankla. At 4:17 pm, Commissioner Walter moved, seconded by Commissioner Sramek that the meeting be adjourned sine die. Carried by the following vote: Ayes: Commissioners: Cordero, Sramek, Walter, Hankla -12-