WEDNESDAY, 23 JULY, 2003
The Ninety Fourth Meeting (Special Session) of the Los Angeles/Long Beach Harbor Safety Committee was convened in the main auditorium of the Port of Long Beach Administration Building. Vice Chairman Jeff Browning called the Meeting to order at 10:15 a.m. The Executive Secretary determined that there was a quorum present, with the following representatives present:
| PORT OF LONG BEACH |
PORT OF LOS ANGELES |
LONG BEACH PILOT ORGANIZATION |
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| (Absent) |
Capt. Jim Morgan (POLAPS) |
Capt. Tom Jacobsen (JPS) |
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| TANKER OPERATORS |
LOS ANGELES PILOT ORGANIZATION |
MOORING MASTERS |
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| Capt. Norman George (MTL) |
Capt. Mike Rubino |
Capt. Harvey Portz (ChevronTexaco) |
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| TUG & BARGE OPERATORS |
DRY CARGO CARRIERS |
FOR RECREATIONAL BOATERS |
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| Mr. Jeff Browning (Sause Bros.) |
Mr. Dave Pritzos (K-Line) |
(Absent) |
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| ORGANIZED LABOR |
CALIF. COASTAL COMM. |
CALIF STATE LANDS COMM. |
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| Mr. John Cox (SIU) |
Ms. Ellen Faurot-Daniels |
Mr. Gary Gregory |
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| U.S. COAST GUARD |
ENVIRONMENTAL GROUPS |
FOR ENVIRONMENTAL GROUPS |
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| Capt. John Holmes (COTP) |
Mr. Garry Brown (Orange County CoastKeeper) |
(Absent) (Calif. CoastKeeperAlliance) |
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| OFFICE OF SPILL PREVENTION & RESPONSE (OSPR) |
PASSENGER FERRY OPERATORS |
U.S.ARMY CORPS OF ENGINEERS |
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| Mr. James Rolin, Field Rep. |
(Absent) (Catalina Express) |
Mr. Jim Fields |
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| EXECUTIVE SECRETARY |
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| Capt. M.H.K. ASCHEMEYER (MX-VTS) ALTERNATES, MEMBERS OF THE PUBLIC, AND OTHER PARTIES (SEE ATTACHED LIST) |
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Vice Chairman Browning opened the meeting by welcoming everyone in attendance, thanking them for their interest and participation in the Los Angeles/Long Beach Harbor Safety Committee. He expressed the Committee’s appreciation and thanks to the Port of Long Beach for making their facilities available for this gathering and for providing the continental breakfast enjoyed by all.
The Vice Chairman then advised the audience that they would be offered the opportunity to speak before this panel, after Item IV under “New Business” was announced. He also encouraged all present to be sure to “sign-up” on the attendance sheet being circulated amongst the audience. The Vice Chairman explained that certain members of the LA/LB HSC panel were “non-voting” and therefore would not be participating in any “show of hands” vote called to determine a decision on any particular agenda or action item. The Executive Secretary reminded everyone that this 94th Meeting of the LA/LB HSC was deemed to be a “Special Session”, called for the specific purpose to review and vote on particular items as outlined on the agenda. Therefore, the “normal” list of agenda items will not be covered at the meeting here today.
ACTION ITEMS:
Vice Chairman Browning called on Capt. John Holmes (USCG Liaison) to recognize him for his outstanding participation and service to the LA/LB HSC. Capt. Holmes will be relieved of his command at USCG MSO/Group, LA/LB on Friday by Capt. Peter Neffenger. He will also be retiring from the USCG at that time, and will enter a new career soon in the civilian world. Mr. Browning presented a “citation” from the LA/LB HSC to Capt. Holmes (copy attached to these minutes for reference). Capt. Holmes made a brief speech, thanking everyone for their help and cooperation in working with the LA/LB HSC, as well as with the USCG, to make LA/LB Harbor one of the safest, most secure, and highly efficient seaports operating in America today. He pointed out that when other ports talk about how, where, and when to do things, they usually “set the mark” based on what is happening, and what is being done, at LA/LB Harbor. He received a hearty round of applause from all present.
Capt. Holmes then introduced Capt. Neffenger, with high praise for his relief’s leadership, intelligence, and style. “If I could have had the entire USCG Officer Corp to choose from, I would have picked Pete Neffenger to take my place”, he said. Capt. Neffenger made a few brief comments, too, extolling the work already done by his predecessor, and pledging to “continue the good work” already done by Capt. Holmes.
ITEM I -- APPROVAL OF MINUTES:
Vice Chairman Browning called for approval of the minutes of the 93rd meeting.” Garry Brown moved, seconded by John Cox, to accept and approve the Minutes of the 93rd Meeting, as presented. Motion carried unanimously by a show of hands from voting members present.
The Vice Chairman then asked for approval of the minutes from the “Ad Hoc” workgroup session that was held yesterday. The Vice Chairman also asked both the Committee and the Public for comments, and with none forthcoming, he asked for a motion to approve -- Norman George moved, seconded by Dave Pritzos, to accept and approve the Minutes of the “Ad Hoc” workgroup meeting, as presented. Motion carried unanimously by a show of hands from voting members present.
ITEM II -- OLD BUSINESS:
(A) Update on Petitions for “At Large Seats”:
(1) Jim Rolin (OSPR Liaison) reported that the OSPR Administrator had approved all five (5) petitions covering the “at large seats” currently designated for the LA/LB HSC. This included: Los Angeles Pilot Organization, Mooring Masters, Ferry Operators, Environmentalist for Santa Monica Bay, and Marine Oil Terminal Operators. The LA/LB HSC had written to the OSPR Administrator last month about that, and he responded promptly and positively to that appeal. The first four of these “at large” seats mentioned above have already been filled – the seat for “Marine Oil Terminal Operators” has officially been “announced” this week as being “vacant”, and OSPR is seeking applicants to fill that position now. Be that as it may, two (2) applicants have already filed for that position (Messrs. Barr and Bobbitt), and both will be considered as part of the present review process without having to re-file their applications a second time.
(2) Capt. Rubino (POLAPS) noted that the OSPR Administrator had changed the wording slightly for the “at large” seat for “The Los Angeles Pilot Organization” to read, instead, “A Los Angeles Pilot Organization”. After a brief discussion amongst the panel, Capt. Rubino moved, seconded by Capt. Jacobsen, to write to the OSPR Administrator and have the original wording applied to the petition, as submitted; motion carried unanimously by a show of hands from the voting members present.
(3) Garry Brown (O.C. CoastKeepers) noted that the petition wording for the second environmental seat had also been changed. It should read “…for Santa Monica Bay”. Previous motion was amended, seconded again, to include this correction in the letter to the OSPR Administrator; motion carried unanimously by a show of hands from the voting members present.
(4) The Executive Secretary was instructed by the Vice Chair to prepare the letter for submission to the OSPR Administrator at the earliest.
(B) Review and Approval – new By-Laws:
Jim Rolin (OSPR) reported on the “final draft” of the new By-Laws for the LA/LB Harbor Safety Committee, which had come out from the several sessions of the “Ad Hoc” workgroup panel. The Executive Secretary pointed out that the original document was called “Policies, Procedures and Guidelines”, and that its format and content had been reviewed and updated accordingly for today’s By-Laws. There was some discussion about the draft, with a suggestion by Ellen Faurot-Daniels (CCC) to request the OSPR Administrator to conduct a “legal review” of the final document we approve, to make certain the wording and language is proper and consistent with the other HSC’s around the state. It was moved by Capt Tom Jacobsen, seconded by Capt. Mike Rubino, to approve the draft by-laws as submitted, and to present them to the OSPR Administration for his review and advice; motion carried unanimously by a show of hands from the voting members present.
(C) Review and Approval of Statute Language:
(1) Jim Rolin (OSPR) reported on the two drafts concerning new language for the statute covering Harbor Safety Committees (section 8670.23 in the State Code). “Draft A” included language that allowed for two organized labor seats, “one of which is designated by ILWU Local 68”; “Draft B” did not include that language (keeping the organized labor representation to its original one seat). There was much discussion on this topic. Capt. Morgan stated that he had spoken to the members of the Committee seeking support for a seat on the Committee for ILWU Local 68. He stated that the Port of Los Angeles and its Board of Harbor Commissioners fully supported this view. Capt. Norman George (MTL) noted that the representatives outlined in paragraph (10) were not declared to be “non-appointed, non-voting liaisons” for their respective organizations (serving at the pleasure of the committee), and as now stipulated in the newly approved by-laws. It was unanimously agreed to correct that particular wording in the final approved draft – before sending it on for review and approval by the OSPR Administrator.
(2) The Vice Chair then asked for a motion to approve one of the two drafts. Motion was made by Capt. Jim Morgan, seconded by Ellen Farout-Daniels, to approve “Draft A” for the statue language recommendation; motion FAILED by a vote of 2 Yeas to 8 Nays. Voting “yea” – Capt. Jim Morgan (POLA) and Ms. Ellen Farout-Daniels(CCC); voting “Nay” – Capt. Tom Jacobsen (Long Beach Pilots), Capt. Norman George (Tanker Operators), Capt. Mike Rubino (Los Angeles Pilots), Capt. Harvey Portz (Mooring Masters), Mr. Jeff Browning (Tug-and-Barge Operators), Mr. Dave Pritzos (Dry Cargo Carriers), Mr. John Cox (Organized Labor), and Mr. Gary Brown (Environmentalists).
(3) “Draft A” having been defeated, the Vice Chair asked for a motion to approve “Draft B”. Motion was made by Mr. John Cox, seconded by Capt. Tom Jacobsen, to approve “Draft B” for the statue language recommendation; motion PASSED by a vote of 8 Yeas to 2 Nays. Voting “Nay” – Capt. Jim Morgan (POLA) and Ms. Ellen Farout-Daniels(CCC); voting “Yea” – Capt. Tom Jacobsen (Long Beach Pilots), Capt. Norman George (Tanker Operators), Capt. Mike Rubino (Los Angeles Pilots), Capt. Harvey Portz (Mooring Masters), Mr. Jeff Browning (Tug-and-Barge Operators), Mr. Dave Pritzos (Dry Cargo Carriers), Mr. John Cox (Organized Labor), and Mr. Gary Brown (Environmentalists).
(4) With the above votes having been exercised and documented, the Vice Chair directed the Executive Secretary to prepare a transmittal letter addressed to the OSPR Administrator, informing him of this committee’s recommendations for changes in the statutes’ language, as presented in “Draft B”.
ITEM III -- NEW BUSINESS:
.(A) Last Call for HSP Revisions:
The Vice Chair and the Executive Secretary both made a “last and final call” for any and all outstanding revisions that still may be “out there” with the various sub-committees, the USCG, and/or workgroups. Please contact Lorraine McKinney at 310-519-3127. We need to have all revisions in by the end of this week, latest.
(B) Report on Meeting with PMA:
Jeff Browning gave a brief report on the meeting between HSC members and PMA representatives, concerning “barge safety issues” for when fueling barges are tied up alongside a working cargo vessel (both container and break-bulk). There have been instances where equipment, cargo, and even containers, have dropped from the ship onto the barge below. Fortunately, there have been no reported injuries, deaths, or significant damages. Mr. Browning was pleased to note that PMA has taken these concerns to heart, and will follow-up accordingly with all its member companies.
(C) New Faces at USCG:
Capt. John Holmes introduced the new Executive Officer (and alternate COTP) at the MSO/Group Command for LA/LB Harbor, Cdr. Dave Crowley. He also introduced LCDR Eva Kummerfeld, who’s the new Chief of Port Operations (she recently relieved Cdr. Tom Harrison, who transferred to Alaska). LCDR Kummerfeld will be the alternate for Capt. Pete Neffenger, as he assumes the USCG seat on the LA/LB HSC. Capt. Holmes also introduced the new C.O. for the USCG’s Air Station at LAX – CDR Douglas R. Menders. Capt. Holmes added that there were several other changes taking place at the MSO/Group Command with this “summer turn-over period”, and a new list of contacts would be published and distributed soon.
ITEM IV -- QUESTIONS/COMMENTS FROM THE PUBLIC:
(NONE)
ITEM V -- MEETING SCHEDULE:
The next regular meeting for the LA/LB HSC will be held on the 1st of October, 2003, at the Port of Los Angeles Administration Building, in the 2nd floor auditorium, beginning at 9:30 a.m. (breakfast reception). Announcements and materials will be mailed out to all interested parties in late September.
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned by the Vice Chairman at 11:42 a.m.
Respectfully submitted,
Capt. Manny Aschemeyer, Executive Secretary