PORT OF OAKLAND

Transcription

PORT OF OAKLAND

JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
First Vice President
530 Water Street • Oakland, California 94607
KENNETH S. KATZOFF
Second Vice President
DARLENE AYERS-JOHNSON
Commissioner
ANTHONY A. BATARSE, JR.
Commissioner
BOARD OF PORT COMMISSIONERS
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
Secretary of the Board
E-Mail: [email protected]
WEB: www.portofoakland.com
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Regular Meeting of the Board of Port Commissioners
Tuesday, January 20, 2004 - 3:00 PM
ROLL CALL
President Protopappas called the meeting to order at 3:08 p.m., and the following
Commissioners were in attendance:
Commissioners Ayers-Johnson, Commissioner Batarse, Second Vice-President
Katzoff, Commissioner Kramer, First Vice-President Scates and President
Protopappas.
Commissioner Kiang was excused.
CLOSED SESSION
The Board entered into Closed Session at 3:10 p.m. to consider the following items:
1. Conference With Legal Counsel – Anticipated Litigation.
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
(1 Matter)
2. Conference with Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of
Section 54956.9. Names of Cases:
Socorro Salizar v. Port of Oakland, Workers' Compensation Appeals Board
Case No. OAK 0280204.
REGULAR MEETING
January 20, 2004
3. Conference With Real Property Negotiator. Government Code Section 54956.8.
Property: Oakland Army Base
Negotiating Parties: Port of Oakland, Oakland Base Reuse Authority,
Oakland Redevelopment Agency and City Council
Agency Negotiator: Executive Director Tay Yoshitani
Under Negotiation: Price and Terms of Payment
OPEN SESSION
President Protopappas reconvened the Board in Open Session at 4:11 p.m.
CLOSED SESSION REPORT
Port Attorney, David Alexander, reported that during Closed Session the Board had
taken final action on the following:
Resolution 04002 Compromising And Settling Claims And Authorizing Execution Of
Stipulated Settlement.
Resolution 04003 Approving And Authorizing Execution Of A Tolling Agreement With
Phoenix Iron Works Concerning The Site At 720 Brush Street, Oakland, California.
A motion to approve resolutions 04002 and 04003 carried by the following votes: (6)
Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President
Katzoff, Commissioner Kramer, Vice-President Scates and President Protopappas.
(1) Absent: Commissioner Kiang.
PRESIDENT'S REPORT
President Protopappas reminded the public that the City/Port Liaison Committee would
meet at 8:00 a.m. on Friday, January 23 rd in the Board Room. He also announced the
dedication of the Chappell Hayes Observation Tower at Middle Harbor Shoreline Park.
The tower is being named in honor of the late Chappell Roland Hayes a respected
community leader, environmentalist, educator and public servant.
EXECUTIVE DIRECTOR'S REPORT
Executive Director, Tay Yoshitani reported the following:
■ The Port has announced the kick-off of the Air Quality Demonstration Project for Diesel
Trucks. A dozen on-road diesel trucks will be outfitted with new equipment and
cleaner burning fuel.
■ The Aviation Facilities Maintenance Complex at the Oakland Airport is being renamed
-2-
REGULAR MEETING
January 20, 2004
in honor of the late Jerry Bizzle who was a Port employee for over 27 years. The
honor was requested by the employees of the Aviation Committee, and was submitted
for Public Review.
• The Port will co-sponsor the opening concert of the Oakland East Bay Symphony on
Friday, January 23rd.
AIRPORT
Vice-President Katzoff reported that the January 18th meeting of the Aviation
Committee had recommended for approval, by the full Board, Airport Items A-1 through
A-5.
A motion to approve Items A-1 through A-5 was made by Vice-President Katzoff
and seconded by Commissioner Ayers-Johnson.
A-1 An Ordinance Approving And Authorizing Execution Of A Modification/ Supplement No.
2 With The United States Of America For An Extension Of The Lease (Air Traffic Control
Tower, North Airport).
A-2 Resolution 04004 Approving And Authorizing Execution Of A Certain License And
Concession Agreement With Dal Global Services, Inc.
A- 3
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Concession Agreement With Pegasus Aviation, Inc.
A-4 Resolution 04006 In Support Of Regional Measure 2: Regional Traffic Relief Plan
(Bridge Toll Increase).
Sanjiv Handa spoke on item A-4.
A-5 Resolution 04007 Approving Consent To Assignment Of Rights From Leigh Fisher
Associates To Jacobs Consultants, Inc., Doing Business As Leigh Fisher Associates
For Certain Existing Consultant Agreements.
The motion to approve item A-5 carried by the following votes: (6) Ayes:
Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President Katzoff,
Commissioner Kramer, Vice-President Scates and President Protopappas. (1)
Absent: Commissioner Kiang.
Item A-6 was pulled on the reccomendation of staff.
Expansion Project. (Resolution)
-3-
REGULAR MEETING
January 20, 2004
COMMERCIAL REAL ESTATE
Vice-President Scates reported that the January 7 th meeting of the Commercial Real
Estate Committee had recommended for approval, by the full Board, Commercial
Real Estate Items C-1 through C-3.
A motion to approve Items C-/ through C-3 was made by Vice-President Scates
and seconded by Commissioner Batarse.
C-1 Resolution 04008 Approving And Authorizing Execution Of A First Amendment To
The Exclusive Negotiating Agreement With Arrowhead Marsh Partners LLC.
An Ordinance Making Certain Findings And Determinations In Support Of, And
Authorizing Execution Of A Purchase And Sale Agreement With Arrowhead Marsh
Partners LLC, For The Port Of Oakland's Sale Of An Approximately 34-Acre Site Of
Land Located At Swan Way And Pardee Drive.
Members of the Public, John Greer and Sanjiv Handa spoke on Item C-1.
The motion to approve item C-/ carried by the following votes: (6) Ayes:
C-2 Resolution 04009 Approving Addendum To Final EIR; Re-Certifying Final EIR,
Approving Revised CEQA Findings, Adopting Statement Of Overriding Considerations
And Mitigation Monitoring And Reporting Program And Approving Modifications To
The Metroport Project.
Sanjiv Handa spoke on Item C-2.
The motion to approve Item C-2 carried by the following votes: (6) Ayes:
Vice-President Scates and President Protopappas. (1) No: Commissioner
Kramer, (1) Absent: Commissioner Kiang.
C-3 An Ordinance Approving And Authorizing The Execution Of A License And
Concession Agreement With Oyster Reef Seafood Restaurant And Bar, LLC.
The motion to approve item C-3 carried by the following votes: (6) Ayes:
REGULAR MEETING
January 20, 2004
MARITIME
Commissioner Kramer reported that the January 20 th meeting of the Maritime
Committee had recommended for approval, by the full Board Maritime Item M-1.
A motion to approve Item M-1 was made by Commissioner Kramer and
seconded by Commissioner Batarse.
M-1 Resolution 04010 Approving And Authorizing Execution Of A First Amendment
Agreement To Management Agreement With East Bay Regional Park District ("Park
District") For The Port Of Oakland Middle Harbor Shoreline Park, To Provide For Law
Enforcement At Port View Park.
The motion to approve Item M-1 was carried by the following votes: (6) Ayes:
OPERATIONS
A motion to approve Item 0-1 was made by Commissioner Ayers-Johnson and
seconded b y Commissioner Kramer.
0-1 Resolution 04001 Approving The Dedication Of The New Aviation Facilities
Maintenance Complex In The Name And Memory Of Former Port Maintenance
Foreman, "Jerry" Bizzle.
The motion to approve Item 0-1 was approved by the following votes: (6) Ayes:
APPROVAL OF THE MINUTES
A motion to approve the Minutes of December 16, 2003 was made by
Commissioner Kramer and seconded by Commissioner Ayers-Johnson.
The Motion carried by consensus.
REGULAR MEETING
January 20, 2004
SUMMARY ITEMS
A motion to approve Summary Items S-1 through S-4 was made by
Commissioner Ayers-Johnson and seconded by Commissioner Kramer.
S-1 Resolution 004011 Approving Building Permit Requested By Enterprise Rent A Car
Company Of San Francisco.
S-2 Resolution 04012 Approving Building Permit Requested By Avis Rent A Car System,
Inc.
S-3 Resolution 04013 Approving Building Permit Requested By Avis Rent A Car System,
Inc.
S-4 Resolution 04014 Approving Building Permit Requested By Federal Express
Corporation.
The motion to approve the items S-1 through S-4 carried by the following votes:
(6) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President
Katzoff, Commissioner Kramer, Vice-President Scates and President
Protopappas. (1) Absent: Commissioner Kiang.
OPEN FORUM
Sanjiv Handa spoke in Open Forum.
ADJOURNMENT
There being no further business the Board adjourned at 4:48 p.m.
John Betterton, Secretary
Boar of Port Commissioners
PATRICIA A. SCATES
President
PORT OF OAKLAN D
FRANK KIANG
Commissioner
KENNETH KATZOFF
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
E-Mail: boardftortoakland.com
DAVID KRAMER
Commissioner
JOHN PROTOPAPPAS
Commissioner
MINUTES
Tuesday, February 1, 200$- 3:00 p.m.
ROLL CALL
President Scates called the meeting to order at 3:10 p.m., and the following
Commissioner Ayers-Johnson, Second Vice-President Batarse, Commissioner Katzoff,
First Vice-President Kiang, Commissioner Kramer, Commissioner Protopappas, and
President Scates.
CLOSED SESSION
President Scates convened the Board in Closed Session at 3:12 p.m. to consider the
following items:
1.
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Pursuant to
subdivision (a) of Section 54956.9. Names of cases:
City of Oakland v. Harding ESE, Inc., et al.,
District Court, N.D. Case No. CV-03-03534
2.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR. Government Code Section
54956.8.
Property:
Negotiating Parties:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Port of Oakland, Oakland Base Reuse Authority, Oakland
Redevelopment Agency, and City Council
Executive Director, Jerry A. Bridges
Price and Terms of Payment
Minutes of the Regular Meeting
February 1, 200,,
Property: Jack London Square Project
Negotiating Parties: Port of Oakland, Jack London Square Partners,
CEP-JLS1, CEP-JLS2
Agency Negotiator: CRE Director, Omar Benjamin
Item 3 was not discussed in Closed Session on the recommendation of Staff.
3.
PULLED - CONFERENCE WITH LABOR NEGOTIATOR AS PROVIDED UNDER
GOVERNMENT CODE SECTION 54957.6:
OPEN SESSION
President Scates reconvened the Board into Open Session at 4:22 pm.
FIRST CLOSED SESSION REPORT
The Port Secretary reported that the Board had unanimously approved the following
Resolution
Resolution 05023, Authorizing And Approving Increased Expenditure Authority Of
Special Counsel and Necessary Experts (see Item 1 from Closed Session)
AIRPORT
Commissioner Katzoff gave an account of the January 24, 2005 Aviation Committee
meeting. He reported that the Committee had recommended for consideration by the full
Board Items A-1 through A-6.
A motion to approve Items A-1 through A-4 and Item A-6 was made by
Commissioner Katzoff and seconded by Commissioner Ayers-Johnson.
Sanjiv Handa addressed the Board on Item A-1
A - 1 Amendment of Port Ordinance To Revise Airport Parking Lot Rates.
Sanjiv Handa addressed the Board on Item A-2
A-2 Resolution 05024, Agreement For Airport Security Inside The Terminals At Metropolitan
Oakland International Airport With The City Of Oakland (Annual Budget Of $5.1 Million).
A-3 Resolution 05025, Approval Of License And Concession Agreements With Fox Rent-A-
Car, Inc. (Vicinity Of Port Building L-810 And Earhart Road, North Airport.)
February 1, 200,04
A-4 First Reading Of An Ordinance Approving A Conduit Use Agreement With Time Warner
Telecom Of California, L.P., With An Initial Monthly Rent Of $1,387.78 At The South Field
Of Oakland International Airport.
A-6
First Reading Of An Ordinance Approving 2005 Airline Landing Fees And Tenant
Terminal Space Rentals.
The motion to approve Items A-1 through A-4 and A-6 passed by the following
votes: (7) Ayes: Commissioner Ayers-Johnson, Vice-President Batarse,
Commissioner Katzoff, Vice-President Kiang, Commissioner Kramer,
Commissioner Protopappas and President Scates.
A motion to approve Item A-5 as modified was made by Commissioner Katzoff and
seconded by Commissioner Ayers-Johnson.
The following members of the public addressed the board on Item A-5: Chuck Mack,
Russell Spector, Frank Feridon and Chris.
A-5
Resolution 05026, Authorizing an expedited request for proposals to select a limousine
operator for the Oakland Metropolitan International Airport.
one motion to approve Item A-0 passea ay the touowing votes: (b) Ayes:
Commissioner Ayers-Johnson, Vice-President Batarse, Commissioner Katzoff,
Commissioner Kramer, Commissioner Protopappas and President Scates. (1) No:
Vice-President Kiang.
Commissioner Protopappas gave an account of the January 19, 2005 Commercial Real
Estate Committee meeting.
Item C-1 was pulled on the recommendation of staff.
C-1 PULLED: Approval Of Amendments To The Agreement For Acquisition Of Ground Lease
Interests, Approval Of Amendments To Existing Ground Leases, Approval Of
Amendments To The Operating Agreement, Approval Of Ground Leases And Approval Of
Purchase And Sale Agreements, For Various Properties In Jack London Square, And
Adoption Of Related CEQA Findings And A Statement Of Overriding Considerations.
(Resolution) (Ordinance)
February 1, nog,/
MARITIME
Commissioner Kramer gave an account of the January 31, 2005 Maritime Committee
Board Items M-1 through M-4.
A motion to approve Items M-1 through M-4 was made by Commissioner Kramer
and seconded by Vice President Batarse.
M-1 Resolution 05027, Authorization To Dispense With Standard Bidding Procedures For
The Procurement Of Electrical Equipment For APL Yard And Gate Redevelopment,
Middle Harbor, In The Estimated Amount Of $3,000,000.
Deepening Of The Outer Harbor Berths As Necessary To Support The -50 Foot
Deepening Project.
M-3 Resolution 05029, Approval Of First Supplemental Agreement With Ralph D. Gin,
Consulting Engineer, For Professional Services To Complete The Fiscal Closeout Of The
-42 Foot Dredging Project, Assist With Lands, Easements, Rights-Of-Way, And
Relocations, And Preliminary Audits On The -50 Foot Dredging Project, For An Amount
Not To Exceed $86,250.
M-4 Resolution 05030, Authorization To Temporarily Relocate Marine Express, Inc. To 9th
Avenue Terminal, Berth 83, During Construction Of Phase 1B Of The Inner Harbor
Turning Basin Component Of The -50 Ft. Deepening Project Under A No Cost Temporary
Wharf Assignment.
The motion to approve Items M-1 through M-4 passed by the following votes: (7)
Ayes: Commissioner Ayers-Johnson, Vice-President Batarse, Commissioner
Katzoff, Vice-President Kiang, Commissioner Kramer, Commissioner Protopappas
and President Scates.
OPERATIONS
ADMINISTRATION
Commissioner Ayers-Johnson gave an account of the January 25, 2005 Administration
Committee meeting. She reported that the Committee had recommended for
consideration by the full Board Items 0 - 1, 0-3, 0-4 and 0 - 7
Sanjiv Handa spoke on the Administration Committee Report.
February 1, 200gti
0 - 1 Resolutions 05031, 05032, 05033, Authorization To Prepare And Execute Agreements
With Consultants For On-Call Architectural/Engineering, Mechanical And
Telecommunication Engineering Design Services For Projects At The Port Of Oakland,
Each At An Estimated Amount Of $39,000, $152,000, And $116,000 Respectively.
(Resolution)
Item 0-2 was pulled on the recommendation of staff.
0 - 2 PULLED: Title Change For One Allocated Position From Port Technical Support Analyst
II To One Port Technical Support Specialist II In The MIS Department. (Ordinance)
0 - 3 First Reading Of An Ordinance Approving Addition Of One Position To Executive
Assistant And Deletion Of One Position Of Port Assistant Management Analyst In The
Port Communications Division. (Net Annual Savings Of $2,700).
0 - 4 First Reading Of An Ordinance Approving Amendment Of Salary Schedule For
Government Affairs Specialist Classification From Existing Salary Schedule 530.3 To
Existing Salary Schedule 515.1 (Net Annual Savings Of $6,168).
Items 0-5 and 0-6 were pulled on the recommendation of staff.
0 - 5 PULLED: Authorization To Enter Into Agreement With High Line Corporation For
Upgrading/Replacing The Current HP 3000 Based Human Resource Informa-tion/Payroll
System. (Resolution)
0 - 6 PULLED: Approval To Enter Into An As-Needed Communications Consultant Services
Agreement With Solem & Associates In An Amount Not To Exceed $40,000. (Resolution)
0 - 7 Resolution 05034, Approval For Executive Director To Enter Into Negotiations For The
Establishment Of Outdoor Advertising Opportunities In The Port Area. (Resolution)
The motion to approve Items 0-1, 0-3,0-4 & 0-7 passed by the following votes: (7)
Katzoff, Vice-President Kiang, Commissioner Kramer, Commissioner Protopappas
and President Scates.
AUDIT, BUDGET & FINANCE
Vice President Kiang gave an account of the January 27, 2005 Audit, Budget & Finance
Committee Meeting. He reported that the Committee had recommended for consideration
by the full Board Items 0-8 and 0-9.
February 1, 200";
0-8 Resolution 05035 & 05036, Approval To 1) Dispense With Standard Bidding Procedures
And Procure Bids For Various Supplies And Services Using Informal Competitive
Process, And 2) Increase The Purchase Order Contract Amounts For Existing Suppliers –
Alameda Electrical Distributors, Inc.; Platt Electric And San Leandro Electric Supply –
From $50,000 Each To $100,000 Each. (Resolution)
0-9 Resolution 05037,Approval Of First Supplemental Agreement With Macias, Girii And
Company, LLP, For Professional Auditing And Accounting Services For The Port Of
Oakland. (Resolution)
The motion to approve Items 0-8 and 0-9 passed by the following votes: (7) Ayes:
Vice-President Kiang, Commissioner Kramer, Commissioner Protopappas and
President Scates.
On a motion by Commissioner Kramer, seconded by Commissioner Katzoff, the
Board unanimously approved the Minutes of the Regular Meeting of January 18,
2005.
SUMMARY ITEMS
On a motion by Commissioner Katzoff, seconded by Commissioner Kramer, the
Board unanimously approved Summary Items S-1 through S-3.
S-1
Resolution 05038, FedEx Corporation. PowerLight Corporation: #1 Sally Ride Way,
Ramp at Buildings M132 and M141: PowerLight Corporation contractor for FedEx
proposes to install approximately 81,000 square feet of photovoltaic (solar panels) roof
tiles assemblies over the existing flat roof tops of the three FedEx leased buildings. This
project includes related electrical work and will interconnect to the Port's power system.
This project has been determined to be exempt from the requirements of the California
Environmental Quality Act pursuant to Class 1, Section 15301, and Class 11, Section
15311. Valuation of work: $277,400.
S-2
Resolution 05039, Corinthian Colleges, Inc. CPS Signs, Inc., 9636 Earhart Road,
Building L118: Remove two existing 2'X12' illuminated signs and replace with two new
2'X12' non-illuminated signs. The proposed wall signs will be mounted on the front (street
side) and rear (ramp side) of the building and will read "WyoTech", the tenant's dba. The
signs proposed meet the North Airport Sign Policy. This project has been determined to
be exempt from the requirements of the California Environmental Quality Act pursuant to
Class 11, Section 15311(a). Valuation of work: $1,500.
February 1, 200$2/-
S -3
jetBlue Airways, Inc. John N. Bratichak (Architects); #1 Airport Drive, Terminal 1 (M101):
Remodeling of office space for jetBlue in the baggage claim area of Terminal 1. Work to
include cabinet work, additional lighting, and electrical work. Project includes related
finish, telephone and data cabling work. This project has been determined to be exempt
from the requirements of the California Environmental Quality Act pursuant to Class 1,
Section 15301. Valuation of work: $10,000.
OPEN FORUM
Sanjiv Handa addressed the Board in Open Forum.
ADJOURNMENT
There being no additional business the Board adjourned at 5:34 p.m.
1 Betterton, Secretary
rd of Port Commissioners
JOHN PROTOPAPPAS
President
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
PORT OF OAKLAND
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, February 3, 2004 - 3:00 PM
ROLL CALL
Katzoff, Commissioner Kramer, First Vice-President Scates and President
Protopappas.
Commissioner Kiang was excused.
CLOSED SESSION
1.
Conference With Legal Counsel – Anticipated Litigation.
(1 Matter)
2.
Conference with Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of
PULLED
. -
C•
A e •• •
U.S. District Court, Northern District of California, No. CO2 1307
PULLED
Sacramento County Court Case No. 02CS00391
REGULAR MEETING
February 3, 2004
J.W. Silveira, et al v. Port of Oakland, et al, Alameda
County Superior Court Case No. RG03130514
Property: 1601 Maritime Street, Oakland, California
Negotiating Parties: Port of Oakland and Clear Channel Outdoor, Inc.
Agency Negotiator: Director of Maritime, Jerry Bridges
Property: Site of Existing Billboard South of Bay Bridge Toll
Booth, Oakland, California
Negotiating Parties: Port of Oakland and Clear Channel Outdoor, Inc.
OPEN SESSION
Port Attorney David Alexander reported that a second Closed Session would be
necessary to complete the Agenda.
The Secretary of the Board reported that during Closed Session the Board had taken
final action on the following:
Resolution 04015 Approving Appointment Of Special Counsel.
A motion to approve resolution 04015 carried by the following votes: (6) Ayes:
REGULAR MEETING
February 3, 2004
PRESIDENT'S REPORT
President Protopappas announced the publication of the Port of Oakland educational
curriculum guide: Our Link to the World. This program was developed in partnership
with ANG Newspapers Educational Services as part of the Port's Community Relations'
initiatives. The 35-page teachers guide explains the importance of world trade in our
everyday lives and is designed to teach students about all aspects of the Port, its
operations and international commerce while at the same time encouraging students to
read the newspaper and do research.
Executive Director Tay Yoshitani reported the following:
■ The Port of Oakland was a sponsor of the Vietnamese TET Festival that took place
on Sunday, February 1, at Clinton Park in Oakland. The event was well attended by
the community in spite of the cold and rainy weather.
• On Saturday, January 24 at 11:00 a.m., the Port of Oakland along with Oakland City
Councilmember Nancy Nadel dedicated the newly constructed observation tower at
the Port's Middle Harbor Shoreline Park. The tower was named in honor of
Councilmember Nadel's late husband, Chappell Hayes.
OPEN FORUM
The following individuals spoke in Open Forum: Larry Hendel, Josie Mooney, Judy
Goff, George W. Alston, Jr., Don Silva, Joetta Spanjol, Sanjiv Handa and Prelmer
Newman.
AIRPORT
Items A-1 and A-2 where pulled on recommendation of the staff.
A-1 PULLED:
Price For Construction Of The Terminal 2 Expansion Project, Oakland Terminal
Expansion Program (TEx). (Resolution)
The following individuals spoke on Item A-1: Gregory Hodge, Geoffrey Pete, Rev. J.
Alfred Smith, Andrea Lowe, James Ingram, Charlie Walker, Frank Tucker, Michael
Hudson, Don Davis,
A-2 PULLED: Approval Of A First Supplemental Agreement With Airport Aviation
Terminal Expansion Program (TEx) For The Construction Phase Of The Terminal 2
Expansion Project. (Resolution)
REGULAR MEETING
February 3, 2004
Item C-1 was pulled on the recommendation of the staff.
C-1 PULLED:
Amended) To Allow Fce Parking In An Ar Nciar Pardee Drive And Swan Way.
(Ordinance)
MARITIME
Commissioner Kramer reported that the January 22 nd meeting of the Maritime
Committee had recommended for approval, by the full Board Maritime Items M-1
through M-3.
and seconded by Commissioner Batarse.
M-1 Resolution 04016 Adopting General Program Guidelines For The Truck Program
("Truck Program"), Establishing A Port Executive Committee For The Truck Program
And Authorizing The Executive Director Or Designee To Approve Reimbursements To
Various Truck Program Contract Parties.
Resolution 04017 Finding And Determining That Proposed Contracts, With Respect
To Implementation Of The Vision 2000 Air Quality Mitigation Program General Program
Guidelines For The Truck Program ("Truck Program"), For Technical Assistance,
Administration, And Outreach Constitutes Professional, Technical And Specialized
Services That Are Temporary In Nature, And Finding And Determining That It Is In The
Best Interest Of The Port To Enter Into Contracts With Truck Dealerships, Salvage
Yards, Other Vendors And Service Providers And Truck Owners Without Competitive
Bidding, Waiving Competitive Bidding And Authorizing Execution Of All Such Contracts.
M-2 Resolution 04018 Finding And Determining That A Proposed Agreement With
Strategic Solutions Partners For Consulting Services Constitutes Professional,
Technical And Specialized Services That Are Temporary In Nature, Waiving
Competitive Bidding And Authorizing Execution Of Agreement.
M-3 Resolution 04019 Finding And Determining That A Proposed Agreement With HanPadron For Consulting Services Constitutes Professional, Technical And Specialized
Services That Are Temporary In Nature, Waiving Competitive Bidding.
Resolution 04020 Approving Building Permit Requested By U.S. Customs And Border
Protection.
REGULAR MEETING
February 3, 2004
Resolution 04021 Authorizing The Executive Director To Execute Agreements With
Battelle Memorial Institute To Reimburse The Port For Costs Incurred To Facilitate
Improvements In Maritime Terminal Security, Waiving Standard Bidding Procedures
For Completion Of Necessary Improvements To Facilitate Installation Of Radiation
Portal Monitors.
An Ordinance Amending Port Ordinance No. 2833 Relating To Security Of Maritime
Facilities.
An Ordinance Approving And Authorizing The Execution Of An Amendment To NonExclusive Preferential Assignment Agreement With Trans Pacific Container Service
Corporation To Add To The Agreement Premises Additional Area Necessary For The
Radiation Portal Monitors ("RPM") Program Being Implemented By The United States
Customs And Border Protection ("US Customs").
Resolution 04022 Approving And Authorizing Execution Of An Amendment To Non-
Exclusive Preferential Assignment Agreement With SSA Terminals, LLC ("SSAT")
(Berths 57-59).
The motion to approve Items M-1 through M-3 carried by the following votes: (6)
A motion to approve Item M-4 was made by Commissioner Kramer and
M-4 Resolution 04023 Authorizing The Director Of Maritime To Give Written Notice To
Clear Channel Outdoor, Inc. ("Clear Channel") Terminating Clear Channel's Multi-Year
License And Concession Agreement (Tri-Vision Structure Billboard Adjacent To The
Bay Bridge Toll Plaza).
Resolution 04024 Authorizing The Director Of Maritime To Give Written Notice To
Clear Channel Outdoor, Inc. ("Clear Channel") That Certain Holding Over Of Maritime
Street Lease Premises Shall Be Subject To A Rental Increase, And To Give Written
Notice Of Termination Of Such Hold Over If It Is Determined That Such Termination Is
In The Port's Best Interests.
The motion to approve Item M-4 carried by the following votes: (6) Ayes:
REGULAR MEETING
February 3, 2004
OPERATIONS
Commissioner Ayers-Johnson reported that the January 27 th meeting of the
Administrative Committee had recommended for approval, by the full Board, Operation
Items 0-1 through 0-4.
A motion to approve Items 0-1 through 0-4 was made by Commissioner AyersJohnson and seconded by Commissioner Kramer.
0-1 An Ordinance Amending Port Ordinance No. 867, Amending Certain Salary
Schedules, Position Titles And Creating Certain New Positions.
Al Loera spoke on Item 0-1.
0-2 Resolution 04025 Finding And Determining That A Proposed Second Supplemental
Agreement With Nossaman, Guthner, Knox & Elliott, LLP For Consulting Services
Constitutes Professional, Technical And Specialized Services That Are Temporary In
Nature, Waiving Competitive Bidding And Authorizing Execution Of Said Supplemental
Agreement.
0-3 Resolution 04026 Finding And Determining That A Proposed First Supplemental
Agreement With Katz, Kutter, Alderman, And Bryant, P.A. For Consulting Services
Agreement.
Sanjiv Handa spoke on Item 0-3
Agreement With Geolabs, Inc. For Consulting Services Constitutes Professional,
Competitive Bidding And Authorizing Execution Of Said Supplemental Agreement.
Sanjiv Handa spoke on Item 0-3
The motion to approve Items 0-1 through 0-4 carried by the following votes: (6)
Vice-President Scates reported on the January 29 th meeting of the Audit, Budget &
Finance Committee.
REGULAR MEETING
February 3, 2004
Vice-President Katzoff reported on the January 23 rd meeting of the City/Port Liaison
Committee.
By consensus the Board approved the Minutes of January 20, 2004.
SUMMARY ITEMS
A motion to approve Summary Items S-1 and S-3 was made by Commissioner
Kramer and seconded by Commissioner Ayers-Johnson.
S-1 Port Ordinance No. 3781 Being, "Approving And Authorizing Execution Of A
Modification/Supplement No. 2 With The United States Of America For An Extension
Of The Lease (Air Traffic Control Tower, North Airport)."
S-3 Port Ordinance No. 3783 Being, "Approving And Authorizing The Execution Of A
License And Concession Agreement With Oyster Reef Seafood Restaurant And Bar,
LLC."
The motion to approve items S-1 and S-3 carried by the following votes: (6)
Katzott, commissioner Kramer, Vice-President Scates and President
A motion to approve Summary Item S-2 was made by Commissioner Kramer and
S-2 Port Ordinance No. 3782 Being, "Making Certain Findings And Determinations In
Support Of, And Authorizing Execution Of A Purchase And Sale Agreement With
Arrowhead Marsh Partners LLC, For The Port Of Oakland's Sale Of An Approximately
34-Acre Site Of Land Located At Swan Way And Pardee Drive."
Curtis Smothers and Paul Cobb spoke on item S-2.
The motion to approve the item S-2 carried by the following votes: (6) Ayes:
SECOND CLOSED SESSION
The Board re-entered into Closed Session at 5:49.
REGULAR MEETING
February 3, 2004
SECOND CLOSED SESSION REPORT
The Secretary of the Board reported that no final actions were taken during the Second
Closed Session.
ADJOURNMENT
Board of Port Commissioners
JOHN PROTOPAPPAS
President
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
PORT OF OAKLAND
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, February 17, 2004 - 3:00 PM
ROLL CALL
First Vice-President Scates called the meeting to order at 3:00 p.m., and the following
Katzoff, Commissioner Kiang, Commissioner Kramer and First Vice-President Scates
President Protopappas was excused.
CLOSED SESSION
1.
(2 Matters)
2.
PULLED
U.S. District Court, Northern Distri
Port. of Oakland, et al. v. Shippers Imperial, Inc.,
Superior Court Case No. 2002061465
REGULAR MEETING
February 17, 2004
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Port of Oakland, Oakland Base Reuse Authority,
Executive Director Tay Yoshitani
Property:
Agency Negotiator:
Under Negotiation:
1601 Maritime Street, Oakland, California
Port of Oakland and Clear Channel Outdoor, Inc.
Director of Maritime, Jerry Bridges
Property:
Property:
Agency Negotiator:
Under Negotiation:
Site of Existing Billboard South of Bay Bridge Toll
Booth, Oakland, California
Port of Oakland and Clear Channel Outdoor, Inc.
4.
PULLED Public Employee Disciplinc/Dismi-sallRcl asc.
5.
Conference with Labor Negotiators.
Agency Negotiator: Joseph Echelberry
Employee Organization: AFL-CIO Local 790
OPEN SESSION
Second Vice-President Scates reconvened the Board in Open Session at 4:03 p.m.
Port Attorney David Alexander reported that no final actions had been taken in Closed
Session, but that a second Closed Session would be necessary to complete the
Agenda.
PRESIDENT'S REPORT
Vice-President Scates announced that on Friday, February 27, 2004, the Asian
Employees Association (AEA) at the Port of Oakland would be holding their 13th annual
Lunar New Year dinner at the Oakland Asian Cultural Center. The event is an annual
fundraiser, with the proceeds going to the AEA scholarship fund.
-2-
REGULAR MEETING
February 17, 2004
Executive Director Tay Yoshitani reported the Port would be holding a number of
events to commemorate Black History Month
AIRPORT
Commissioner Kiang reported that the January 15th meeting of the Aviation
Committee had recommended for approval, by the full Board Aviation Items A-1 and
A-2.
A motion to approve Items A-2 was made by Commissioner Kiang and seconded
by Commissioner Ayers-Johnson.
A-2 Resolution 04031 Approving Plans And Specifications For Reconstruction Of Taxiway
D And Apron Improvements Adjacent To Building L-812, North Field, Oakland International Airport, Oakland, California, A.I.P. 3-06-0170-24, A.I.P. 3-06-0170-29, And
Calling For Bids Thereof.
The motion to approve Item A-2 carried by the following votes: (6) Ayes:
Commissioner Kiang, Commissioner Kramer and Vice-President Scates. (I)
Excused: President Protopappas.
A motion to approve Item A-1 was made by Commissioner Kiang and seconded
A-1 Resolution 04030 Authorizing The Executive Director To Execute An Agreement
Establishing The Guaranteed Maximum Price For Construction Of The Terminal 2
Expansion At The Oakland International Airport.
Port Staff Frank Lobedan, Bernida Regan and Turner V.P. Hilton Smith gave brief
presentations on Item A-1
The following individuals spoke on Item A-1: Gregory Hodge, Willie Posey, Geoffrey
Pete, Pastor Kevin Barnes, Gary Furguson, Darrel Carey, Eddie Dillard, Tim Thomas,
Charlie Walker, Cesar Smith, Theresa Garcia, Curtis Smothers, Sanjiv Handa, Klara
Komorous-Towey, Alan Kawasaki, Henry Fillmore and James Kennedy
The motion to approve Item A-1 carried by the following voice votes: (6) Ayes:
Commissioner Kiang, Commissioner Kramer and Vice-President Scates. (1)
REGULAR MEETING
February 17, 2004
Vice-President Katzoff reported that the February 4th meeting of the Commercial
Real Estate Committee had recommended for approval, by the full Board Aviation
Item C-1.
A motion to approve Item C-1 was made by Vice-President Katzoff and
seconded by Commissioner Kramer.
C-1 Resolution 04032 Approving And Authorizing A Program Supplement Agreement To
Designate The City Of Alameda As Lead Agency For The Refurbishment Of The
Alameda/Oakland Ferry Service Vessel, The MV Encinal.
The motion to approve Item C-1 carried by the following votes: (6) Ayes:
MARITIME
Commissioner Kramer reported that the January 22 nd meeting of the Maritime
Committee had recommended for approval, by the full Board Maritime Items M-1
through M-3.
A motion to approve Items M-1 was made by Commissioner Kramer and
M-1 Resolution 04033 Certifying Consideration Of Initial Study And Negative Declaration
For The Port Of Oakland Howard Terminal Improvements Project, Finding No
Substantial Evidence Of Significant Effect On The Environment, Approving The
Negative Declaration, Approving And Authorizing Execution Of An Agreement With
SSA Terminals LLC ("SSAT") For The Combined Berths 57-59 Terminal And Howard
Terminal ("The Combined Facility"), Finding And Determining That It Is In The Best
Interest Of The Port To Contract For Improvements To Howard Terminal Without
Competitive Bidding And Authorizing Execution Of Contracts For Such Work Based On
Receipt Of Informal Proposals.
An Ordinance Approving And Authorizing The Execution Of A Third Amended And
Restated Nonexclusive Preferential Assignment Agreement With SSA Terminals, LLC
("SSAT") For The Combined Berths 57-59 Terminal And Howard Terminal.
Sanjiv Handa spoke on Item M-1.
REGULAR MEETING
February 17, 2004
The motion to approve Item M-1 carried by the following votes: (6) Ayes:
A motion to approve Items M-2 and M-3 was made by Commissioner Kramer and
M-2 Resolution 04034 Authorizing Acceptance Of U.S. Department Of Homeland Security,
Transportation Security Administration Grant Awards And Authorizing Execution Of
Grant Agreements Based On The Grant Awards.
M-3 An Ordinance Amending Port Ordinance No. 2833 Relating To Modification Of Empty
Container Wharfage Assessment.
The motion to approve Items M-2 and M-3 carried by the following votes: (6)
Katzoff, Commissioner Kramer, Commissioner Kramer and Vice-President
Scates. (1) Excused: President Protopappas.
OPERATIONS
Commissioner Batarse reported that the January 29 th meeting of the Audit, Budget
and Finance Committee had recommended for approval, by the full Board, Operation
Item C-2.
A motion to approve Item C-2 was made by Commissioner Batarse and
C-2 Resolution 04035 Finding And Determining That It Is In The Best Interest Of The Port
To Waive Competitive Bidding And To Procure Certain Goods And Services On The
Open Market And Authorizing The Executive Director To Enter Into Contracts For
Same.
The motion to approve Item C- 2 carried by the following votes: (6) Ayes:
By consensus the Board approved the Minutes of January 20, 2004.
REGULAR MEETING
February 17, 2004
SUMMARY ITEMS
A motion to approve Summary Items S-1 through S-3 was made by
Commissioner Kramer and seconded by Commissioner Ayers-Johnson.
S-1 Port Ordinance No. 3784 Being, "An Ordinance Amending Port Ordinance No. 2833
Relating To Security Of Maritime Facilities."
S-2
Port Ordinance No. 3785 Being, "An Ordinance Approving And Authorizing The
Execution Of An Amendment To Non-Exclusive Preferential Assignment Agreement
With Trans Pacific Container Service Corporation To Add To The Agreement Premises
Additional Area Necessary For The Radiation Portal Monitors ("RPM") Program Being
Implemented By The United States Customs And Border Protection ("US Customs")."
S-3
Port Ordinance No. 3786 Being, "An Ordinance Amending Port Ordinance No. 867,
Amending Certain Salary Schedules, Position Titles And Creating Certain New
Positions."
The motion to approve items S-1 through S-3 carried by the following votes: (6)
Katzoff, Commissioner Kiang, Commissioner Kramer and Vice-President Scates.
(1) Excused: President Protopappas.
Commissioner Kiang was excused from the meeting.
OPEN FORUM
The following individuals spoke in Open Forum: Larry Hendel, George W. Alston, Jr.,
Prelmer Newman, Kirsten Cross, Michael Ringbom, Otis Hall and Gurcharan Duggal.
The Board re-entered into Closed Session at 6:17 p.m.
The Secretary of the Board reported that the following final actions were taken during
the Second Closed Session.
Resolution 04028 Authorizing And Approving The Executive Director To Execute An
Interim Repair Agreement With General Construction, Inc. ("General"), Including A
Partial Waiver And Release Of Claims By General.
REGULAR MEETING
February 17, 2004
Resolution 04029 Approving And Authorizing Execution Of A Settlement Agreement
And Release With J.C. Penney Life Insurance Company, Now Known As Stonebridge
Life Insurance Company, The Successor In Interest To Beneficial Fire And Casualty
Insurance Company ("JC Penney") Concerning The Former Cryer Boatyard Site, City
Of Oakland V. Steam Valve Machine Company, Alameda County Superior Court Case
No. 777068-7.
A motion to approve resolution 04028 and 04029 were carried by the following
votes: (5) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kramer and Vice-President Scates. (2)
Excused: Commissioner Kiang and President Protopappas.
ADJOURNMENT
Joh
. Betterton, Secretary
Bo d of Port Commissioners
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, March 2, 2004 - 3:00 PM
ROLL CALL
Katzoff, Commissioner Kiang, Commissioner Kramer, First Vice-President Scates and
President Protopappas
CLOSED SESSION
1.
(2 Matters)
2.
A a a• a
- *"
PULLED
U.S. District Court, Northern District of California, No. CO2 1307
City of Oakland v. Harding ESE, Inc., Mactec Engineering &
Consulting, Inc., et al., Alameda County Superior Court Case
No. RG03102264
MINUTES - REGULAR MEETING
March 2, 2004
3.
Conference With Real Property Negotiator. Government Code Section 54956.8.
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
PULLED Property:
Site of Existing Billboard South of Bay Bridge Toll
••
Under Negotiation: •
4.
PULLED
5.
Conference with Labor Negotiators.
Employee Organization: AFL-CIO Local 790
OPEN SESSION
Port Attorney David Alexander that a second Closed Session would be necessary to
complete the Agenda.
Resolution 04038 Authorizing And Approving Increased Expenditure Authority Of
Special Counsel And Necessary Experts.
The motion to approve Resolution 04038 passed by the following votes: (7)
Katzoff, Commissioner Kiang, Commissioner Kramer, Vice-President Scates and
President Protopappas.
March 2, 2004
PRESIDENT'S REPORT
President Protopappas reminded the audience to vote.
First Vice-President Patricia Scates reported on the annual Asian Employees
Association (AEA) Lunar New Year Dinner. The AEA is planning to grant $25,000 in
scholarships this year.
Executive Director Tay Yoshitani reported that the Port had begun a new recycling
program with a goal of recycling 75% of our waste by the year 2010.
President Protopappas presented to Mr. Swanson a Resolution honoring his work as
chief of staff to Congresswoman Barbara Lee, and thanking him for his many years of
help to the Port of Oakland. Mr. Swanson thanked the Board and Executive Director
Tay Yoshitani. He also acknowledged several family members and friends in the
audience.
0-1 Resolution 04036 Honoring Sandr6 R. Swanson For His Many Years Of Dedicated
Service.
The motion to approve Item 0-1 passed by the following votes: (7) Ayes:
Commissioner Kiang, Commissioner Kramer, Vice-President Scates, and
AIRPORT
Commissioner Kiang reported that the February 23rd meeting of the Aviation
Committee had recommended for approval, by the full Board, Aviation Items A-1 and
A-13.
A motion to approve Items A-1 through A-13, excluding A-3, was made by
Commissioner Kiang and seconded by Commissioner Ayers-Johnson.
A-1 Resolution 04030 Authorizing The Executive Director To Execute An Agreement
Establishing The Guaranteed Maximum Price For Construction Of The Terminal 2
Expansion At The Oakland International Airport.
March 2, 2004
A-2 Resolution 04040 Finding And Determining That A Proposed Agreement With
Ricondo & Associates At A Maximum Compensation Of $150,000 For Consulting
Services Constitutes Professional, Technical And Specialized Services That Are
Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of
Agreement.
Resolution 04041 Finding And Determining That A Proposed Agreement With Jacobs
Consultancy, Inc. At A Maximum Compensation Of $300,000 For Consulting Services
Nature, Waiving Competitive Bidding And Authorizing Execution Of Agreement.
Resolution 04042 Finding And Determining That A Proposed Agreement With HNTB
Corporation At A Maximum Compensation Of $150,000 For Consulting Services
A-3 PULLED Approval Of Modification Of Ordinance 3648 And Authorizing
Privilege Fee And Waiving The AVI 'Per Trip Fee' For Those Operators That Comply
Shuttle Vehicle Fleet. (Ordinance)
A-4 An Ordinance Approving And Authorizing The Execution Of A Ground Lease With
Southwest Airlines Co.; Dispensing With Competitive Bidding For Construction Of
Lease-Related Infrastructure And Amending A License And Concession Agreement
With Southwest Airlines Co. To Provide For Demolition Of Existing Provisioning
Building At 501 Alan Shepard Way, Metropolitan Oakland International Airport
("MOIA").
A-5 Resolution 04043 Approving And Authorizing Execution Of Certain Agreement To
Extend Right-Of-Entry And Indemnity Agreement With Oakland Aircraft, Inc., Doing
Business As Oakland Aircraft Maintenance.
Concession Agreement With 360° Gourmet Express.
Concession Agreement With Jesus M. Valerio Doing Business As Rainbow Mobile
Wash.
A-8 Resolution 04046 Approving And Authorizing Execution Of An Access Agreement For
Survey And Exploration With The United States Of America, Department Of The Army.
March 2, 2004
A-9 Resolution 04047 Authorizing And Approving Execution Of An Interim Funding
Agreement With San Francisco Bay Area Rapid Transit District ("BART"), Authorizing
The Expenditure Of Up To $1 Million For The Oakland Airport Connector Project At
Metropolitan Oakland International Airport ("MOIA").
Sanjiv Handa spoke on Item A-9.
A-10 Resolution 04048 Approving And Authorizing Execution Of Grant Agreement With
The California Energy Commission.
Concession Agreement With Oakland Museum Of California.
A-12 Resolution 04050 Rejecting All Bids For Installation Of Fiber Optic Cables Between
Substations SS-1, SS-1A, SS-8, SS-13 And SS-15, Oakland International Airport,
Oakland, California, Directing Return Of Bid Bonds To Bidders; And Authorizing A
Contract In The Open Market Without Lowest-Sealed Bid Procedures.
A-13 Resolution 04051 Approving Plans And Specifications For Construction Of Electrical
Substation, Building M-363, Terminal 2, South Field, Oakland International Airport,
Oakland, California, A.I.P. 3-06-0170-33, And Calling For Bids Therefor.
A-14 PULLED Approval Of A Supplemental Agreement With Airport And Aviation
Expansion Project. (Resolution
Item A-14 was pulled on recommendation of the staff.
The motion to approve Item A-1 through A-13 (excluding A-3) passed by the
following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner
Batarse, Vice-President Katzoff, Commissioner Kiang, Commissioner Kramer,
Vice-President Scates and President Protopappas.
First Vice-President Scates reported that the February 4th meeting of the
Commercial Real Estate Committee had recommended for approval, by the full
Board, Aviation Items C-1 through C-3.
A motion to approve Items C-I and C-2 was made by Vice-President Scates and
seconded by Vice-President Katzoff.
C-1 Resolution 04052 Approving And Authorizing Execution Of An Agreement Between
The Port Of Oakland, The California Coastal Conservancy, The City Of Oakland And
-5-
March 2, 2004
Spanish Speaking Unity Council Relating To The Public's Interest In Certain Union
Point Park Improvements.
C-2 Resolution 04053 Approving And Accepting BCDC Permits Including Permit
Conditions For Various Commercial Real Estate Projects, And Authorizing The
Executive Director Or His Designee To Implement BCDC Permit Conditions.
The motion to approve Items C-I and C-2 passed by the following votes: (7)
The Secretary of the Board announced the opening of a public hearing on Item C-3 at
the hour of 4:38pm.
There was one public speaker heard on the Item (Sanjiv Handa), and the hearing was
closed at the hour of 4:40 pm.
A motion to approve Items C-3 was made by Vice-President Scates and
C-3 Resolution 04054 Setting A Public Hearing On A Proposed Amendment Of Port
Ordinance No. 2832, As Amended, To Allow Fee Parking In An Area Near Pardee And
Swan Way.
An Ordinance Amending Port Ordinance No. 2832 (As Amended), Relating To
Establishing Standards And Restrictions Regulating The Use Of Land And The Design
And Construction Of Structures And Other Improvements In The Oakland Airport
Business Park, To Allow Privately Operated Fee Parking And To Allow Storage For A
Five-Year Term On The Pardee Parking Lot Located Near Pardee And Swan Way.
The motion to approve Item C-3 passed by the following votes: (7) Ayes:
Commissioner Kiang, Commissioner Kramer, Vice-President Scates and
MARITIME
Commissioner Kramer reported that the February 19 th meeting of the Maritime
Committee had recommended for approval, by the full Board, Maritime Items M-1
through M-4 and M-6,
A motion to approve Items M-1 through M-4 and M-6 was made by VicePresident Scates and seconded by Commissioner Kramer.
March 2, 2004
M-1 An Ordinance Approving And Authorizing The Execution Of A Nonexclusive
Preferential Assignment Agreement With International Transportation Service, Inc.
("ITS") For Berth 25.
M-2 Resolution 04055 Approving And Ratifying Issuance Of Change Order In The Amount
Of $329,160 For Contract With Gallagher & Burk, Inc., For The Construction Of Berths
55/56 Container Yard, Phase 3, And Site Improvements At Middle Harbor Shoreline
Park, Stage 2, Vision 2000, Oakland, California.
M-3 Resolution 04056 Finding And Determining That A Proposed Agreement With Ralph
D. Gin At A Maximum Compensation Of $52,800 For Consulting Services Constitutes
Professional, Technical And Specialized Services That Are Temporary In Nature,
Waiving Competitive Bidding And Authorizing Execution Of Agreement.
M-4 An Ordinance Amending Port Ordinance No. 2833 Relating To Ballast Water.
M-5 PULLED Adoption Of New Electric Rates For Sale Of Electrical Power At All Port
Areas Other Than The Airport And The Oakland Army Base. (Resolution}
Item M-5 was pulled on recommendation of the staff.
M-6 Resolution 04057 Approving Plans And Specifications For Construction Of Berths
32/33 Wharf Rehabilitation, Outer Harbor, Oakland, California, And Calling For Bids
Therefor.
Katzoff, Commissioner Kiang, Commissioner Kramer, Vice-President Scates
and President Protopappas.
OPERATIONS
th
Commissioner Ayers-Johnson reported that the February 24 meeting of the
Administration Committee had recommended for approval, by the full Board, Operation
Item 0-2.
A motion to approve Items 0-2 was made by Commissioner Ayers-Johnson and
0-2 An Ordinance Amending Port Ordinance No. 867 To Create The New Position Of Port
Contract Compliance Manager.
March 2, 2004
Commissioner Kiang, Commissioner Kramer, Vice-President Scates and
Vice-President Scates reported that the February 26 th meeting of the Audit, Budget &
Finance Committee had recommended for approval, by the full Board, Operation Items
0-3, 0-5 and 0-7.
A motion to approve Items 0-3, 0-5 and 0-7 was made by Vice-President Scates
and seconded by Commissioner Kiang.
0-3 Resolution 04058 Approving Consent To Assignment Of Rights From D Squared
Business Consulting To Armanino McKenna, LLP, For Certain Existing Consultant
Agreements.
0-5 Resolution 04060 Authorizing The Renewal Of Difference In Conditions (DIC)
Insurance On 530 Water Street, Oakland, California, For An Amount Not To Exceed
$110,000.
0-7 Resolution 04061 Finding And Determining That A Proposed Second Supplemental
Agreement With Merriwether & Williams Insurance Services Corporation At A
Maximum Compensation Of $25,000 For A Surety Bond Guarantee Program And
Various Funds Control And Accounting Services Constitutes Professional, Technical
And Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding
And Authorizing Execution Of A Supplemental Agreement.
The motion to approve Items 0-3, 0-5 and 0-7 passed by the following votes: (7)
0-6 PULLED Authority To Extend AEROTEK E&E Consultant Contract 00 Days For
Additional Fees Not To Exceed $75,000. (Resolution}
Item 0-6 was pulled on the recommendation of the staff.
March 2, 2004
0-4 Resolution 04059 Ratifying And Approving Contracts With Dell Marketing, L.P., For
Lease Of Computers And Approving And Authorizing Funding For Same.
Sanjiv Handa spoke on item 0-4.
Commissioner Batarse, Commissioner Kiang, Commissioner Kramer, VicePresident Scates and President Protopappas. (2)Nos: Commissioner AyersJohnson and Vice-President Katzoff.
By consensus the Board approved the Minutes of February 17, 2004.
SUMMARY ITEMS
A motion to approve Summary Items S-1 and S-2 was made by Commissioner
Kramer and seconded by Vice-President Scates.
S-1 Port Ordinance No. 3787 Being, "An Ordinance Approving And Authorizing The
Execution Of A Third Amended And Restated Nonexclusive Preferential Assignment
Agreement With SSA Terminals, LLC ("SSAT") For The Combined Berths 57-59
Terminal And Howard Terminal."
Relating To Modification Of Empty Container Wharfage Assessment."
The motion to approve Items S-1 and S-2 passed by the following votes: (7)
OPEN FORUM
The following individuals spoke in Open Forum: Larry Hendel, Josie Mooney, Judy
Goff, George W. Alston, Jr., Don Silva, Joetta Spanjol, Sanjiv Handa and Prelmer
Newman.
The Board re-entered Closed Session at 5:36pm
March 2, 2004
There where no final actions taken during the Second Closed Session.
ADJOURNMENT
There being no further business the Board adjourned at 6:06p.m.
John T. Betterton, Secretary
and of Port Commissioners
Resolution 04037 Approving And Authorizing Execution Of A Policy Endorsement With
Lexington Insurance For Builders Risk Insurance; Approving And Authorizing Execution
Of An Excess Builder's Risk Policy; And Authorizing The Port Attorney To Execute A
Tolling Agreement And Initiate Litigation As Necessary To Protect The Port's Interests.
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
SPECIAL MEETING
The President Of The Board, John Protopappas, Called A Special Meeting Of The Board
Of Port Commissioners For Tuesday, March 16, 2004 At The Hour Of 11:30 A.M. in the
Board Room, at 530 Water Street, Oakland, California.
ROLL CALL
President Protopappas called the meeting to order at 11:38 a.m., and the following
Katzoff, Commissioner Kiang, Commissioner Kramer, First Vice-President Scates and
President Protopappas
SUMMARY ITEM
A motion to approve Summary Item S-1 was made by Commissioner AyersJohnson and seconded by Commissioner Kramer.
S-1
Second Reading of Port Ordinance No. 3790 Being, "An Ordinance Amending Port
Ordinance No. 2832 (As Amended), Relating To Establishing Standards And
Restrictions Regulating The Use Of Land And The Design And Construction Of
Structures And Other Improvements In The Oakland Airport Business Park, To Allow
Privately Operated Fee Parking And To Allow Storage For A Five-Year Term On The
Pardee Parking Lot Located Near Pardee And Swan Way."
The motion to approve Summary Item S-1 passed by the following votes: (7)
Katzoff, Commissioner Kiang, Commissioner Kramer, Vice-President Scates, and
Billy Gipson Jr, spoke on Item S-1.
MINUTES - SPECIAL MEETING
March 16, 2004
OPEN FORUM
The following individuals spoke in Open Forum: Michael Ringbom and Sanjiv Handa.
FIRST CLOSED SESSION
Sanjiv Handa spoke on Closed Session Items 1 and 2.
The Board entered Closed Session at 12:00 pm to consider the following:
1.
Conference with Labor Negotiators (Pursuant To Section 54957.8):
Agency Negotiator: Joe Echelberry
Employee Organization: SEIU Local 790
SECOND OPEN SESSION
A motion to approve Resolution 04062 was made by Commissioner Kramer and
seconded by Vice-President Katzoff
Resolution 04062 Ratifying And Approving Tentative Memorandum Of Understanding
With Service Employees International Union, Local 790.
The motion to approve Resolution 04062 passed by the following votes: (4) Ayes:
Vice-President Katzoff, Commissioner Kramer, Vice-President Scates and
President Protopappas. (3) Nos: Commissioner Ayers-Johnson, Commissioner
Batarse and Commissioner Kiang and.
The Board re-entered Closed Session at 1:45 pm to discuss the following
2.
Public Employee Appointment (Pursuant To Section 54957.6):
Title: Executive Director
No final actions were taken in Closed Session.
ADJOURNMENT
There being no additional business, the Board Adjourned.
Jc hn T. Betterton, Secretary
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, May 4, 2004 - 3:00 PM
ROLL CALL
Commissioner Ayers-Johnson, Commissioner Batarse, Commissioner Kiang,
Commissioner Kramer, First Vice-President Scates and President Protopappas were
present.
Commissioner Katzoff was excused.
CLOSED SESSION
1.
(3 Matters)
2.
Section 54956.9. Names of Case:
City of Oakland, et al v. Certain Underwriters at Lloyd's, London, Certain
Underwriting Syndicates at Lloyd's, London, et al. San Francisco County
Superior Court Case No. 400415
May 4, 2004
Closed Session Item 3 was pulled on the recommendation of the staff.
3.
PULLED Conference With R al Property Negotiator. Government Code Section
54946,8,
—e e
e
Under Negotiation:
4.
•
•• •
PUBLIC EMPLOYEE PERFORMANCE EVALUATION.
Chief Financial Officer
Director of Commercial Real Estate
Director of Corporate Administrative Services
OPEN SESSION
Port Attorney David Alexander stated that there were no items to report out of Closed
Session.
PRESIDENT'S REPORT
President Protopappas reported on the groundbreaking of the Terminal 2 Project at
the Oakland International Airport.
Executive Director Tay Yoshitani reported the following: 1) the Port will hold a
retirement dinner for Strategic and Policy Planning Director John Glover on May 10: 2)
Jet Blue has added additional flights non-stop from Oakland to Boston; and 3) the Port
will hold its annual Good Neighbor Awards Dinner.
Executive Director Yoshitani called on Maritime Director Jerry Bridges to report on the
negotiations with independent truckers. Director Bridges reported that the Port had
agreed to act as a facilitator in quarterly meetings been the shippers and independent
truckers.
President Protopappas called on Chuck Mack, Vice-President, International
Brotherhood of Teamsters, to address the Board. Mr. Mack thanked the Port for its
efforts and asked the Board to pass a resolution supporting the independent truckers.
-2-
May 4, 2004
AIRPORT
Commissioner Kiang reported that the April 26 th meeting of the Aviation Committee
had recommended for approval, by the full Board, Aviation Items A-1 through A-10.
A motion to approve Items A-1 through A-10 was made by Commissioner Kiang
Commissioner Batarse and President Protopappas took no part in the discussion or
deliberations on Item A-1.
A-1 Resolution 04113 Approving And Authorizing Execution Of Certain Agreement To
Extend Right-Of-Entry And Indemnity Agreement With Foster Interstate Media.
Ayes: Commissioner Ayers-Johnson, Commissioner Kiang, Commissioner
Kramer and Vice-President Scates. (1) Absent: Vice-President Katzoff. (2)
Recused: Commissioner Batarse and President Protopappas.
A-2 Resolution 04114 Finding And Determining That Proposed First Supplemental
Agreements With Superior Automatic Sprinkler Company, Inc. And Scientific Cleaning
Concepts, Inc., For Ongoing Maintenance Services At The Oakland Maintenance
center, metropoiltan uakiand international Airport, i-or Aciaitionai compensation
Nature, Waiving Competitive Bidding And Ratifying And Authorizing Execution Of Said
Supplemental Agreements.
A-3 Resolution 04115 Approving And Authorizing Execution Of A First Supplemental
Agreement With San Francisco Parking, Inc.
Concession Agreement With Swissport Corporation.
A-5 Resolution 04117 Finding And Determining That A Proposed Agreement With Finger
Design Associates At A Maximum Compensation Of $75,000 For Consulting Services
A-6 Resolution 04118 Finding And Determining That A Proposed Agreement With ATAC
May 4, 2004
Sanjiv Handa spoke on Item A-7.
A-7 Resolution 04119 Approving Issuance Of Change Order To Contract With Turner
Construction Company, For Design Of The Garage And Customer Service Building,
Oakland Terminal Expansion Program, South Field, Oakland International Airport,
Oakland, California.
A-8 Resolution 04120 Finding And Determining That A Proposed First Supplemental
Agreement For An Additional Compensation Of $785,000 With Airport And Aviation
Professional (AvAirPros) For Consulting Services Constitutes Professional, Technical
And Authorizing Execution Of Said Supplemental Agreement.
Sanjiv Handa spoke on Item A-9
A-9 Resolution 04121 Approving And Accepting BCDC Regulatory Permits, Including
BCDC Permit Conditions, For The Terminal 2 Extension Project; And Authorizing The
Executive Director Or His Designee To Implement BCDC Permit Conditions.
Agreement With Turner Construction Company Constitutes Professional, Technical
And Authorizing Execution Of Said Supplemental Agreement.
The motion to approve Item A-2 through 10, passed by the following votes: (6)
Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Commissioner
Kiang, Commissioner Kramer, Vice-President Scates and President
Protopappas. (1) Absent: Vice-President Katzoff.
First Vice-President Scates reported that the April 7 th meeting of the Commercial
Real Estate Committee had recommended for approval, by the full Board,
Commercial Real Estate Item C-1.
A motion to approve Items C-1 was made by Vice-President Scates and
seconded by. Commissioner Kiang.
C-1 Resolution 04123 Granting Authorization To Include Demolition Of The Franklin
Delano Roosevelt Pier, Jack London Square, Oakland, California, In The Small
Business Program, Finding And Determining That It Is In The Best Interest Of The Port
To Contract For Such Work Without Lowest-Sealed Bid Procedures; And Authorizing
Execution Of A Contract For Such Work Based On Receipt Of Informal Proposals.
May 4, 2004
The motion to approve Item C-I passed by the following votes: (6) Ayes:
Commissioner Ayers-Johnson, Commissioner Batarse, Commercial Kiang,
Absent: Vice-President Katzoff.
MARITIME
Commissioner Kramer reported that the April 22 nd meeting of the Maritime Committee
had recommended for approval, by the full Board, Maritime Item M-1.
A motion to approve Items M-1 was made by Commissioner Kramer and
M-1 Resolution 04124 Finding And Determining That Proposed Agreements With The
Northern California Power Agency ("NCPA"), The Western Area Power Administration
("Western") And Other Electric Power Wholesalers To Purchase Supplemental
Wholesale Electric Power For The Port Of Oakland's Harbor Facilities And Related
Proposed Agreements Regarding The Transmission Scheduling, Coordination And
Pooling Of Such Electric Power, Constitute Agreements For Professional, Technical
And Specialized Services That Are Temporary In Nature And/Or That It Is In The Best
Interest Of The Port To Enter Into Such Contracts Without Competitive Bidding,
Waiving Competitive Bidding And Approving And Authorizing Execution Of Such
Agreements.
The motion to approve Item C-I passed by the following votes: (6) Ayes:
OPERATIONS
Commissioner Ayers-Johnson reported that the April 27 th meeting of the
Item 0-1.
0-1 Resolution 04125 Approving Consent To Assignment Of Rights From Katz, Kutter,
Alderman And Bryant P.A. To Akerman, Senterlitt & Eidson P.A. For Certain Existing
Consultant Agreement.
May 4, 2004
Commissioner Scates reported on the April 30 th meeting of the Audit, Budget and
Finance Committee.
Sanjiv Handa spoke on the Audit, Budget and Finance Committee Report.
SUMMARY ITEMS
A motion to approve the Summary Items was made by Commissioner AyersJohnson and seconded by Commissioner Batarse.
Building Permit Application
S-1 Resolution 04126 Approving Building Permit Requested By AT&T Wireless Services,
Inc.
S-2 Resolution 04127 Approving Building Permit Requested By Nestle Waters North
America.
S-3 Resolution 04128 Approving Building Permit Requested By Business Jet CenterOakland, L.P.
Ordinances Submitted for Second and Final Reading
Relating To Landing And Tenant Terminal Space Rental Fees At Metropolitan Oakland
International Airport."
The motion to approve Items S-1 through S-4 passed by the following votes: (6)
Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Commercial
Commissioner Batarse and President Protopappas took no part in the discussion or
deliberation of Item S-5.
S-5 Port Ordinance No. 3800 Being, "An Ordinance An Ordinance Approving And
Authorizing The Execution Of A Space/Use Permit For Outdoor Advertising
Concession With Foster Interstate Media, Inc. To Operate An Outdoor Advertising
Concession At Metropolitan Oakland International Airport ("MOIA").
-6-
May 4, 2004
The motion to approve Item S-5 passed by the following votes: (4) Ayes:
Commissioner Ayers-Johnson, Commercial Kiang, Commissioner Kramer and
Vice-President Scates. (1) Absent: Vice-President Katzoff. (2) Recused:
Commissioner Batarse and President Protopappas.
S-6 Port Ordinance No. 3801 Being, "An Ordinance Approving And Authorizing The
Execution Of A Right-Of-Entry And Indemnity Agreement With Waterkeepers Northern
California."
S-7 Port Ordinance No. 3802 Being, "Making Certain Findings And Determinations In
Support Of, And Authorizing Execution Of A Purchase And Sale Agreement With RMT
Landscape Contractors, Inc., For The Port Of Oakland's Sale Of An Approximately
2.09 Acre Parcel Of Land Located At Edgewater Drive And Pardee Lane."
Amending Section 2.01 And Adding Section 1.294 Ratifying And Fixing The
Compensation Of Certain Employees Of The Port Department, Amending Section
1.191 Providing Professional Development Benefits For Certain Officers And
Employees And Adding Section 1.3025 Relating To Long Term Disability Insurance
For Employees Of The Port Of Oakland."
Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Commercial
OPEN FORUM
The following individuals spoke in Open Forum: and Sanjiv Handa.
ADJOURNMENT
They're being no further business the Board adjourned at 5:10 p.m.
tr..
John
etterton, Secretary
1)
JOHN PROTOPAPPAS
President
PATRICIA
A. SCATES
KENNETH
S. KATZOFF
Commissioner
ANTHONY
A.
Commissioner
BATARSE, JR.
PORT OF OAKLAND
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
FRANK KIANG
Commissioner
MINUTES
DAVID KRAMER
Commissioner
Tuesday, May 18, 2004
and
Adjourned Meeting of the Board of Port Commissioners
Friday, May 21, 2004
KULL L,HLL
Commissioner Kiang, Commissioner Kramer, First Vice-President Scates and
President Protopappas were present.
CLOSED SESSION
1.
(3 Matters)
2.
MINUTES - REGULAR MEETING May 18, 2004
and ADJOURNED MEETING of May 21st
3.
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE. Government
Code Section 54957.
OPEN SESSION
Port Attorney David Alexander stated that there were no items to report out of Closed
Session.
PRESIDENT'S REPORT
President Protopappas reported on the Oakland Advisors; EPA News Conference; and
Trade Mission (David Kramer and Darlene Ayers-Johnson attended). Commissioner
Ayers-Johnson reported on the "adopt a ship program" linking vessels with local
school children to encourage good will and interest in maritime careers.
Executive Director Tay Yoshitani reported the following: 1) introduced our the Chief
Financial Officer (Judith Blackwell) and gave a briefing of her accomplishments; 2) 2nd
Annual Good Neighbor Awards took place. Councilman Danny Wan was the guest
speaker; 3) Publication of the ANG curriculum guides sponsored by the Port. Sheri
Goldsmith of ANG spoke; (4) The Federal Maritime Commission Chairman will visit the
Port on Friday, May 21 st ; and (5) 35 McClymonds students will visit Port for 1/2 day along
with the Director of Administration for the Maritime Academy.
AIRPORT
Commissioner Kiang reported that the April 26 th meeting of the Aviation Committee
had recommended for approval, by the full Board, Aviation Item A-1.
A motion to approve Item A-1 was made by Commissioner Kiang and seconded by
Commissioner Ayers-Johnson.
A-1 Resolution 04131 Approving And Authorizing Execution Of A First Amendment To The
July 18, 2001 Surrender And Termination Of Lease And Property Restoration
Agreement With PS Trading, Inc.; Approval Of License And Concession Agreement With
Burns & McDonnell Engineering Co., Inc.; Certification And Adoption Of The Initial
Study/Mitigated Negative Declaration And Mitigation Monitoring And Reporting Program,
And Approval Of A Building Permit.
-2-
The motion to approve Item A-1 passed by the following votes: (7) Ayes:
Commissioner Kiang, Commissioner Kramer, Vice-President Scates and President
Protopappas.
First Vice-President Scates reported that the May 6 th meeting of the Commercial Real
Estate Committee had recommended for approval, by the full Board, Commercial Real
Estate Item C-1.
A motion to approve Items C-1 was made by Vice-President Scates and seconded
by Commissioner Kiang.
C-1 Resolution 04132 Approving The Budget Of The Association For The Presidential
Yacht Potomac For Fiscal Year 2004/2005.
Protopappas.
Public speakers, Caria Betts and Sanjiv Handa spoke on Item 1 C-1.
MARITIME
Commissioner Kramer reported that the April 22 nd meeting of the Maritime Committee
had recommended for approval, by the full Board, Maritime Item M-1.
A motion to approve Items M-1 was made by Commissioner Kramer and seconded
by Commissioner Batarse.
M-1 Resolution 04133 Granting Authorization To Include Demolition Of Building D-833,
Middle Harbor, Oakland, In The Port's Small Business Program, Finding And
Determining That It Is In The Best Interest Of The Port To Contract For Such Work
Without Lowest-Sealed Bid Procedures; And Authorizing Execution Of A Contract For
Such Work Based On Receipt Of Informal Proposals.
The motion to approve Item M-1 passed by the following votes: (7) Ayes:
Protopappas.
OPERATIONS
Commissioner Ayers - Johnson reported that the April 27 th meeting of the
Items 0-1, 0-3 and 0-6.
A motion to approve Items 0-1, 0-3 and 0-6 was made by Commissioner AyersJohnson and seconded by Commissioner Kramer.
0-1 Port Ordinance No.
Ordinance No. 867."
being, "An Ordinance Amending Section 8.139 Of Port
0-2 PULLED Public Employee Discipline/Dismisal/Releasc. (Resolution)
Item 0-2 was pulled on the recommendation of the staff.
0-3 Resolution 04134 terminating certain appointment.
0-6 Resolution 04135 Finding And Determining That It Is In The Best Interest Of The Port
To Enter Into An Agreement With The Oakland Private Industry Council ("OPIC") To
Co-Sponsor Funding The Employment By OPIC Of An Apprenticeship Recruitment
Coordinator.
Vice-President Scates reported on the April 30 th meeting of the Audit, Budget and
Finance Committee and recommended approval, by the full Board, Operation Items O4 and 0-5.
A motion to approve Items 0-4 and 0-5 was made by Vice-President Scates and
seconded by Commissioner Kiang.
0-4 Resolution 04136 Conditionally Authorizing Certain Acts To Redeem The Port Of
Oakland, Special Facilities Revenue Bonds, 1992 Series A (Mitsui O.S.K. Lines, Ltd.
Project).
0-5 Resolution 04137 Authorizing The Renewal Of Port's Insurance Program Including
Coverage For Airport Liability, Airport Terrorism, CAPA Umbrella Excess Liability,
Excess Workers' Compensation Including Terrorism, Public Officials Errors &
Omissions Including Employment Practices Liability, EDP Including Computers And
Business Interruption, Fiduciary Liability For Deferred Compensation Plan, Port
Liability, Fidelity/Crime Insurance, Port Blockage Including Loss Of Access,
Automobile Liability Including Terrorism, Automobile Physical Damage Insurance
Including Terrorism, Cranes Including Earthquake, Crane, Boiler & Machinery, Crane
Terrorism Insurance, Loss Of Access, Fire-Blanket, Buildings, Contents, Berths,
Business Interruption Boiler & Machinery Including Terrorism Policy.
The motion to approve Items 0-4 and 0-5 passed by the following votes: (7)
SUMMARY ITEMS
A motion to approve the Summary Items was made by Commissioner Kramer
S-1 Resolution 04138 Determining That Need To Take Immediate Action Is Necessary
To Prevent Serious Injury To The Public Interest If Action Were Deferred And That
The Need For Such Action Came To The Attention Of The Board Subsequent To The
Agenda Being Posted (Action On Recommended Port Resolution Approving A
Building Permit Application From SSA Terminals, LLC, For Construction Of
Improvements At Charles P. Howard Terminal, Berths 67 And 68.)
S-2
Resolution 04139 Approving Building Permit Requested By SSA Terminals, LLC.
The motion to approve Items S-1 and S-2 passed by the following votes: (7)
By consensus the Board approved the Minutes of the Regular Meeting
of April 6, 2004, the Regular Meeting of April 20, 2004; and the Special
Meeting of April 20, 2004.
OPEN FORUM
ADJOURNMENT
The meeting was adjourned until Friday, May 21st at 8:00 a.m.
CONTINUATION - Friday May 21, 2004
ROLL CALL
President Protopappas called the meeting to order at 8:00 am., and the following
Commissioner Kiang, Commissioner Kramer, First Vice-President Scates and
President Protopappas were present.
CLOSED SESSION
The Board entered into Closed Session at 8:00 a.m.:
OPEN SESSION
President Protopappas reconvened the Board in Open Session at 9:09 a.m.
The Board Secretary reported that no final action had been taken.
OPEN FORUM
No person spoke in Open Forum.
ADJOURNMENT
The meeting was adjourned until Friday, May 21 st at 9:10 a.m.
Jo
Betterton, Secretary
B d of Port Commissioners
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
Commissioner
Commissioner
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
SPECIAL MEETING
The President Of The Board, John Protopappas, Called A Special Meeting Of The
Board Of Port Commissioners For Wednesday, June 2, 2004 At The Hour Of 8:00 A.M.
In The Board Room, 530 Water Street, Oakland, California.
ROLL CALL
President Protopappas called the meeting to order at 8:00 a.m., and the following
Katzoff, Commissioner Kiang, Commissioner Kramer, and President Protopappas
were present.
First Vice-President Scates was excused
OPEN FORUM
There were no public speakers.
CLOSED SESSION
The Board entered into Closed Session at 8:03 a.m. to consider the following item:
Public Employee Appointment (Pursuant to Section 54957):
Title: Executive Director
The Secretary of the Board reported that during Closed Session the Board had taken no
MINUTES - SPECIAL MEETING
June 2, 2004
final action.
ADJOURNMENT
John T :ette on, Secretary
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, June 8, 2004 - 3:00 PM
ROLL CALL
Commissioner Kiang, First Vice-President Scates and President Protopappas were
present. Commissioner Kramer joined the meeting just after Open Forum.
CLOSED SESSION
1.
(3 Matters)
2.
Section 54956.9. Name of Cases:
City of Oakland, et al. v. Owner Operator Trucking Association, Alameda
Pacific Coast Building Products V. Lumbermen Mutual Casualty Company,
Alameda County Superior Case No. 2001-024620
MINUTES - ADJOURNED MEETING
June 8, 2004
3.
Property:
Agency Negotiator:
Under Negotiation:
4.
Oakland Army Base
Public Employee Performance Evaluation.
Chief Financial Officer
Director of Administrative Services
Director of Commercial Real Estate
OPEN SESSION
Resolution 04141 Approving Appointment Of Special Counsel Wulfberg, Reese,
Colvirg & Firtsman.
Resolution 04142 Approving Appointment Of Special Counsel Foley and Lardner.
The motion to approve Resolutions 04141 and 04142 passed by the following
votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Vice-President Scates and President
Protopappas. (1) Absent: Commissioner Kramer.
PRESIDENT'S REPORT
President Protopappas reported on the appointment of Jerry Bridges as the new
Executive Director.
Executive Director Tay Yoshitani reported on the Ron Cowan Parkway dedication and
the Port Employee Association Scholarship awards.
June 8, 2004
AVIATION
Commissioner Kiang reported that the May 26th meeting of the Aviation Committee
had recommended for approval, by the full Board, Aviation Items A-1 through A-14.
A motion to approve Items A-1 through A-14 (excluding A7) was made by
Commissioner Kiang and seconded by Commissioner Ayers-Johnson.
being, "An Ordinance Approving And Authorizing Execution
A-1 Port Ordinance No.
Of A Lease Amendment With United States Postal Service."
A-2 Resolution 04143 Approving And Authorizing Execution Of First Supplemental
Agreement To Lease With Southwest Airlines Co.; Dispensing With Competitive
Bidding For Construction Of Bravo Service Road, 501 Alan Shepard Way, Metropolitan
Oakland International Airport ("MOIA").
A-3 Resolution 04144 Finding And Determining That A Proposed Agreement With MestreGreve Associates At A Maximum Compensation Of $250,000 For Consulting Services
Resolution 04145 Finding And Determining That A Proposed Agreement With
Michael R. McClintock & Co. At A Maximum Compensation Of $250,000 For
Consulting Services Constitutes Professional, Technical And Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing
Execution Of Agreement.
Agreement With Browri-Buntin Associates, Inc. For Consulting Services Constitutes
Waiving Competitive Bidding And Authorizing Execution Of Said Supplemental
Agreement.
A-5 Resolution 04147 Ratifying Submittal Of A Grant Application To Federal Aviation
Administration Under The Airport Improvement Program.
A-6 Resolution 04148 Finding And Determining That It Is In The Best Interest Of The Port
To Enter Into Agreements With Oakland Museum Of California And Oakland School
For The Arts For Rotational Exhibit Programs At Metropolitan Oakland International
Airport ("MOIA").
Item A-7 was pulled on the recommendation of the staff.
A-7 PULLED: Amendment To Contract With The Alameda County Sheriff's Department
MINUTES ADJOURNED MEETING
June 8, 2004
An Annual Cost Of $6,280,356. (Resolution)
A-8 Resolution 04149 Finding And Determining That A Proposed Extension Agreement
With ABC Security Services For Security Guard Services At Oakland International
Airport In The Amount Of $2,357,549 Constitutes Professional, Technical And
Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding And
Authorizing Execution Of Said Agreement.
A-9 Port Ordinance No.
being, "An Ordinance Amending Section 9 Of Port
Ordinance No. 3634 Relating To Charges For Use Of Facilities At Metropolitan
Oakland International Airport, North Field."
A-10 Resolution 04150 Ratifying And Approving Addenda To Specifications For
Construction Of Electrical Substation, Building M-363, Terminal 2, South Field,
Oakland International Airport; A.I.P. 3-06-0170-33; Awarding Contract To Vitton
Construction Co., Inc. (380884) In The Amount Of $1,798,800, And, Fixing The
Amount Of Bonds.
A-11 Resolution 04151 Approving Plans And Specifications For Reconstruction Of Apron
At Hangars 7 And 8, North Field, Oakland International Airport, Oakland, California,
A.I.P. 3-06-0170-29, And Calling For Bids Therefor.
A-12 Resolution 04152 Approving And Authorizing Execution Of An Agreement With SBC
To Relocate Telephone Cables At Hangars 7 And 8, North Field, 01A, A.I.P. 3-060170-29, For An Amount Not To Exceed $70,000.
Agreement With MWM/YHLA Joint Venture Architects For Consulting Services
Agreement.
A-14 Resolution 04154 Finding And Determining That A Proposed Agreement With
Consolidated Testing Laboratories At A Maximum Compensation Of $576,000 For
Consulting Services Constitutes Professional, Technical And Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing
The motion to approve Items A-1 through A-14 passed by the following votes: (6)
Katzoff, Commissioner Kiang, Vice-President Scates and President
June 8, 2004
Commissioner Kiang reported that the June 2 nd meeting of the Commercial Real
Estate Committee had recommended for approval, by the full Board, Commercial
Real Estate Item C-1.
A motion to approve Items C4 was made by Commissioner Kiang and seconded
by Vice-President Katzoff.
C - 1 Resolution 04155 Approving And Authorizing Execution Of A Certain License And
Concession Agreement With Oakland Marinas, LP,
The motion to approve Item C4 passed by the following votes: (6) Ayes:
Commissioner Kiang, Vice-President Scates and President Protopappas. (1)
Absent: Commissioner Kramer.
MARITIME
Commissioner Batarse reported that the May 22 nd meeting of the Maritime Committee
had recommended for approval, by the full Board, Maritime Items M-1 through M-4.
A motion to approve Items M-1, M-3 and M-4 was made by Commissioner
Batarse and seconded by Vice-President Scates.
M - 1 Resolution 04156 Ratifying And Approving Addendum To Specifications For
Furnishing Labor, Materials And Equipment For Reconditioning, Maintaining And
Repairing Port Of Oakland Railroad Tracks And Crane Rails For The Period
Commencing July 1, 2004 And Ending June 30, 2005, 2006 Or 2007,; Awarding
Contract To Railworks Track Systems, Inc. (705101) In The Amount Of $60,000 Per
Year, Fixing The Amount Of Bonds; Rejecting All Other Bids And Directing Return Of
Bid Bonds To Bidders.
M-3 Resolution 04158 Finding And Determining That A Proposed First Supplemental
Agreement With Liftech Consultants, Inc. For Consulting Services Constitutes
Agreement.
M-4 Resolution 04159 Finding And Determining That It Is In The Best Interest Of The Port
To Contract For The Relocation Of San Francisco Bay Area Rapid Transit District
("Bart") Transbay Tube Anode Systems For The Oakland Harbor Navigation
Improvement (-50 Foot) Project ("Dredging Project") Without Competitive Bidding And
Approving And Authorizing Execution Of Contracts For Such Relocation Based On
Receipt Of Informal Proposals, And Approving And Authorizing The Execution Of An
-5-
June 8, 2004
Oakland Outer Harbor Agreement With Bart Providing For Such Relocation And For
Removal Of Rock And Soil Above The Transbay Tube As A Part Of The Dredging
Project.
Port Ordinance No.
being, "An Ordinance Approving And Authorizing
Execution, Acceptance And Delivery Of Easement Documents To The San Francisco
Bay Area Rapid Transit District ("Bart")."
The motion to approve Items M-1, M-3 and M-4 passed by the following votes: (6)
A motion to approve Item M-2 was made by Commissioner Batarse and
The following individuals spoke on Item M-2: Paul Berning, Wahid Tadros and Blaise Fettig.
M-2 Resolution 04157 Ratifying And Approving Addenda To Specifications For
Construction Of Berths 32/33 Wharf Rehabilitation, Outer Harbor; Awarding Contract
To Manson/Dutra, A Joint Venture, Inc., Fixing The Amount Of Bonds, Rejecting All
Other Bids And Directing Return Of Bid Bonds To Bidders; And Authorizing
Acceptance Of Regulatory Permits, Including Waste Discharge Requirements And
Water Quality Certification.
The motion to approve Items M-2 passed by the following votes: (6) Ayes:
Commissioner Kiang, Vice-President Scates and President Protopappas. (1)
Absent: Commissioner Kramer.
OPERATIONS
Commissioner Ayers-Johnson reported that the May 25 th meeting of the
Items 0-1, 0-2, 0-4 and 0-5.
A motion to approve Items 0-1, 0-2, 0-4 and 0-5 was made by Commissioner
Ayers-Johnson and seconded by Commissioner Batarse.
0-1 Resolution 04160 Finding And Determining That It Is In The Best Interest Of The Port
To Contract For Furnishing Labor, Materials And Equipment For Paving, Grading And
Associated Contractor's Services For Port Of Oakland Facilities For The Period
Commencing July 1, 2004, And Ending June 30, 2005, 2006 Or 2007, Without LowestSealed Bid Procedures And Authorizing Execution Of Contracts For Such Work Based
On Receipt Of Informal Proposals.
-6-
June 8, 2004
Agreement With Gutierrez/Associates For Consulting Services At A Maximum
Compensation Of $500,000, Constitutes Professional, Technical And Specialized
Services That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing
Resolution 04162 Finding And Determining That A Proposed First Supplemental
Agreement With C. J. Tyler Architecture For Consulting Services At A Maximum
Execution Of Said Supplemental Agreement.
Resolution 04163 Finding And Determining That A Proposed First Supplemental
Agreement With RPR Architects For Consulting Services At A Maximum
Item 0-3 was pulled as it did not require Board Approval
0-3 PULLED:
.
aeee-.•
e
0-4 Resolution 04164 Ratifying And Approving Contracts With Metlife Insurance
Company For Employee Group Life Insurance And Long-Term Disability Insurance.
0-5 Resolution 04165 Authorizing Port Of Oakland Employees To Purchase Additional
Service Credit In The California Public Employees' Retirement System ("CALPERS")
Through Pre-Tax Payroll Deduction (Contribution Code 14).
The motion to approve Items 0-1, 0-2, 0-4 and 0-5 passed by the following
votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Vice-President Scates and President
Vice-President Scates reported on the May 28 th meeting of the Audit, Budget and
Finance Committee and recommended approval, by the full Board, Operation Items
0-6 and 0-7.
A motion to approve Items 0-6 and 0-7 was made by Vice-President Scates and
seconded by Commissioner Kiang.
0-6 Resolution 04166 Authorizing The Purchase Of Motor Vehicles, And Finding And
Determining That Certain Motor Vehicles And Equipment Owned By The Port Are No
Longer Required For Port Use And Authorizing The Executive Director To Sell, Donate
Or Scrap Surplus Vehicles And Equipment.
June 8, 2004
0 - 6 Resolution 04167 Finding And Determining That It Is In The Best Interest Of The Port
To Waive Competitive Bidding And To Procure Certain Goods And Services On The
Open Market For Fy04-05 And Authorizing The Executive Director To Enter Into
Contracts For Same.
SUMMARY ITEMS
A motion to approve the Summary Items was made by Commissioner Ayers
Johnson and seconded by Vice-President Scates.
S-1 Resolution 04168 Approving Building Permit Requested By Total Terminals
International, Inc.
S-2 Resolution 04169 Approving Building Permit Requested By Seaside Transportation
Services LLC.
Ordinances Submitted For Second And Final Reading
S-3 Port Ordinance No. 3804 being, "An Ordinance Amending Section 8.139 Of Port
Ordinance No. 867."
The motion to approve Items 5-1, S-2 and S-3 passed by the following votes: (6)
OPEN FORUM
The following individuals spoke in Open Forum: and Sanjiv Handa.
The Board reentered into Closed Session at 5:11 p.m.
Commissioner Kramer joined the meeting at 5:14 p.m.
June 8, 2004
ADJOURNMENT
John Betterton, Secret ry
Boar• of Port Commissioners
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETIERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, June 22, 2004 - 3:00 PM
ROLL CALL
Commissioner Bata me Second Vice-President Kat2nff nommissinn p r Kia no First
Vice-President Scates and President Protopappas were present.
Commissioners Ayers-Johnson and Kramer were excused from the meeting.
CLOSED SESSION
1.
Conference With Legal Counsel — Anticipated Litigation.
(3 Matters)
2.
Conference with Legal Counsel — Existing Litigation. Pursuant to subdivision (a) of
Section 54956.9. Name of Cases:
City of Oakland, et al. v. Owner Operator Trucking Association, Alameda
PULLED
June 22, 2004
3.
OPEN SESSION
Resolution 04170 Approving And Authorizing Execution Of A Tolling Agreement With
Shell Oil Company ("Shell"), Concerning Contamination At The Shell North Field Tank
Farm, At The Metropolitan Oakland International Airport ("The Site").
Ayes: Commissioner Batarse, Vice-President Katzoff, Commissioner Kiang,
Vice-President Scates and President Protopappas. (2) Absent: Commissioner
Ayers-Johnson and Commissioner Kramer.
PRESIDENT'S REPORT
President Protopappas (1) reported on the dedication of the Ron Cowan Parkway
dedication; (2) called on Doug Sidon to present a park district resolution honoring Tay
Yoshitani; and (3) reported on the visit of California State Secretary for Business,
transportation and Housing, Sunne McPeak.
Executive Director Tay Yoshitani reported: (1) the City Council unanimously approved
the Jack London Square Development agreement; (2) Howard Terminal will return to
operation to accommodate an expansion of a joint venture between Port tenants SSA
Marine and Matson Navigation; (3),on the extended visit of Mr. Yi Zhang, Deputy
Director of the Port Authority of Zhanjiang, China. Mr. Zhang was in the audience; (4)
The Oakland International Airport opened a new Park and Call lot on June 16 th. The lot
contains 50 spaces where you may park and wait for arriving passengers. He also
reported a new policy, which allows customers who find a full parking lot to park at the
same rate in the next available lot.
-2-
June 22, 2004
AVIATION
A motion to approve Item A-1 was made by Commissioner Kiang and seconded
by Vice-President Katzoff.
A-1 Resolution 04171 Finding And Determining That It Is In The Best Interest Of The Port
To Award A Contract To "ACE*COMM" For Design, Installation And Maintenance Of A
Telephone Billing System, Netplus, At Oakland International Airport, Oakland,
California, Without Competitive Bidding And Authorizing Execution Of Contract For
Such Work Based On Receipt Of ACE*COMM's Informal Proposal.
The motion to approve Item A-1 passed by the following votes: (5) Ayes:
Commissioner Batarse, Vice-President Katzoff, Commissioner Kiang, VicePresident Scates and President Protopappas. (2) Absent: Commissioner AyersJohnson and Commissioner Kramer.
A motion to approve Items C-1, C-2, and C-3 was made by Commissioner Kiang
and seconded by Vice-President Katzoff.
C-1 Resolution 04172 Approving Ferry Service Agreement Between City Of Alameda And
Port Ut Oakland I o Provide berry Services I o Jack London Square.
C-2 Resolution 04173 Approving And Authorizing Execution Of A Certain License And
Concession Agreement With Crowley Marine Services, Inc.
C-3 Resolution 04174 Approving And Authorizing Execution Of A Certain License And
Concession Agreement With Vincent Wu And Cai Lan Liu, Individuals, Doing Business
As Lanvie.
The motion to approve Items C-1, C-2 and C-3 passed by the following votes: (5)
OPERATIONS
A motion to approve Items 0-1 and 0-2 was made by President Protopappas and
seconded by Vice-President Scates.
0-1 Resolution 04175 Appointing Jerry Bridges To The Position Of Executive Director.
0-2 Resolution 04176 Concerning Certain Appointment.
-3-
June 22, 2004
A motion to approve Items 0-3, 0-4 and 0-5 was made by Commissioner
Batarse and seconded by Vice-President Katzoff.
0-3 Resolution 04177 Finding And Determining That A Proposed Agreement With
Sutterhealth At Work And Concentra Health Services At A Maximum Compensation Of
$200,000 For Consulting Services Constitutes Professional, Technical And Specialized
Commissioner Batarse, Vice-President Katzoff, Vice-President Scates and
President Protopappas. (2) Absent: Commissioner Ayers-Johnson and
Commissioner Kramer. (1) Recused: Commissioner Kiang.
A motion to approve Items 0-4, 0-5 and 0-8 was made by Commissioner
Batarse and seconded by Vice-President Katzoff.
0-4 Resolution 04178 Finding And Determining That A Proposed Third Supplemental
Agreement With 2Plus2 Partners, Inc. At An Additional Maximum Compensation Of
$34,100 For Consulting Services Constitutes Professional, Technical And Specialized
0-5 Port Ordinance No.
being, "An Ordinance Approving And Authorizing Execution
Of A Multi-Year License And Concession Agreement With Clear Channel, Inc.
0-6 PULLED:
2005. (Resolution)
0-6 was pulled on the recommendation of staff.
0-7 PULLED:
June 30, 2005. (Resolution)
0-7 was pulled on the recommendation of staff.
June 22, 2004
0-8 Resolution 04179 Finding And Determining That A Proposed Third Supplemental
Agreement With AON Risk Services, Inc. Of Northern California At An Additional
Maximum Compensation Of $750,000 For Consulting Services Constitutes
Agreement.
By consensus the Board approved the Minutes of the Regular Meeting Of May 4,
2004, Regular Meeting Of May 18, 2004, Special Meeting Of June 2, 2004 And
Adjourned Regular Meeting Of June 8, 2004.
SUMMARY ITEMS
A motion to approve the Summary Items was made by Commissioner AyersJohnson and seconded by Vice-President Scates.
S-1 Resolution 04180 Approving Building Permit Requested By JetBlue Airways.
Ordinances Submitted For Second and Final Reading
S-2 Port Ordinance No. 3805 Being, "An Ordinance Approving And Authorizing
Execution Of A Lease Amendment With United States Postal Service."
S-3 Port Ordinance No. 3806 Being, "An Ordinance Amending Section 9 Of Port
Ordinance No. 3634 Relating To Charges For Use Of Facilities At Metropolitan
Oakland International Airport, North Field."
Execution, Acceptance And Delivery Of Easement Documents To The San Francisco
Bay Area Rapid Transit District ("BART")."
June 22, 2004
S-5 Port Ordinance No. 3808 Being, "An Ordinance Amending Port Ordinance 876
Amending Section 1.3025 Relating To Long Term Disability Insurance For Employees
Of The Port Of Oakland."
OPEN FORUM
The Board reentered Closed Session at 4:55 p.m.
Commissioner Kramer joined the meeting at 5:00 p.m.
ADJOURNMENT
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
E-Mail: board(@portoakland.com
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, July 6, 2004 - 3:00 PM
ROLL CALL
President Protopappas called the meeting to order at 3:02 p.m, and the
following Commissioners were in attendance:
Commissioner Ayers-Johnson, Commissioner Batarse, Second VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, First VicePresident Scates and President Protopappas
CLOSED SESSION (3:00 P.M.)
1.
Conference With Legal Counsel — Existing Litigation. Pursuant to subdivision
(a) of Section 54956.9. Names of cases:
City of Oakland v. Waste Management Alameda County, Inc. et al,
No. CO2-3484 CRB, U.S. District Court, Northern District of California
City of Oakland, et al. v. Owner Operator Trucking Association,
Alameda County Superior Court Case No. RG04154747
J.W. Silveira, et al. v. Port of Oakland, et al.,
Friends of the USS Crescent City v. Port of Oakland,
Alameda County-Hayward Hall of Justice Superior Court Case No.
HG04158545
REGULAR MEETING
July 6, 2004
2.
(2 matters)
3.
Agency Negotiator: Executive Director, Jerry Bridges
4.
Public Employee Performance Evaluation.
54957(e):
Government Code Section
Director of Aviation
5.
Conference With Labor Negotiators. Government Code Section 54957.6:
Employee Organizations: AFL-CIO Local 790 IBEW
OPEN SESSION u . nn P M 1
The Secretary of the Board reported that during Closed Session the Board had
Resolution 04181 Approving And Authorizing The Executive Director To
Execute 1) A Settlement Agreement And Release ("Settlement Agreement")
With AMETEK, Inc., As Successor To Union Diesel Engine Company
("AMETEK"), 2) A Defense Funding Agreement With The Insurer Group
(Defined Below) And 3) A Tolling Agreement With Cohen Industries, Inc., A
Suspended California Corporation, Doing Business As Coast Iron & Metal
Company And Marvin Cohen ("Cohen"), All Concerning The Union Point Park
Site City Of Oakland V. Waste Management Alameda County, Inc. Et Al., U.S.
District Court, Northern District Of California, Case No. CO2-3484 CRB.
Resolution 04182 A Resolution Ratifying The Execution Of Settlement
Agreement, Dismissal Of Lawsuit; And Authorizing And Approving Increased
Expenditure Authority Of Special Counsel.
REGULAR MEETING
July 6, 2004
Resolution 04183 A Resolution Approving Appointment Of Special Counsel.
The motion to approve Resolutions 04181, 04182 and 04183 passed by the
following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner
Batarse, Vice-President Katzoff, Commissioner Kiang, Commissioner
Kramer, Vice President Scates and President Protopappas.
PRESIDENT'S REPORT
President Protopappas reported on the July 4 th Celebration in Jack London
Square, the July 6th City Council Meeting where Tay Yoshitani would be
recognized for his service, and announced the July 16th City/Port Liaison
Committee Meeting.
Executive Director Jerry Bridges reported on the July 1 Maritime Security
Regulation Implementation and ISO Certification for Corporate Administrative
Services, Engineering and Social Responsibility.
AVIATION
A motion to approve Items A-1 through A-9 was made by Commissioner
Kiang and seconded by Commissioner Ayers-Johnson.
A-1 Resolution 04184, A Resolution Accepting Federal Aviation Administration
Grant Offer Under The Airport Improvement Program ("AIP") For Project No. 34
And Accepting Additional Grant Offers On Similar Terms And Conditions.
A-2 Resolution 04185, A Resolution Rejecting All Bids For Furnishing Service And
Maintenance For Passenger Boarding Bridges For The Period Commencing
July 1, 2004 And Ending June 30, 2005, 2006, 2007 Or 2008; Directing Return
Of Bid Bonds To Bidders; And Authorizing A Re-Bid.
A-3 Resolution 04186, A Resolution Approving Plans And Project Manual For
Construction Of In-Line Explosives Detection System, Building M-363, Terminal
2, South Field, Oakland International Airport, A.I.P. 3-06-0170-33, And Calling
For Bids Therefor.
A-4 Resolution 04187, A Resolution Finding And Determining That A Proposed
Second Supplemental Agreement With MWM/YHLA Joint Venture Architects
For Consulting Services At A Maximum Compensation Of $1,050,000
Constitutes Professional, Technical And Specialized Services That Are
Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution
Of Said Supplemental Agreement.
REGULAR MEETING
July 6, 2004
A-5 Resolution 04188, A Resolution Approving And Authorizing Execution Of A
Certain License And Concession Agreement With Transnational Aviation
Services, Inc.
A-6 Resolution 04189, A Resolution Authorizing And Approving The Contract With
The Alameda County Sheriff's Department To Provide Law Enforcement And
Security Services At Oakland International Airport At An Annual Cost Of
$6,280,356.
Sanjiv Handa spoke on this item.
A-7
Resolution 04190, A Resolution Approving And Authorizing Execution Of A
Certain License And Concession Agreement With AVEX Flight Support, Inc.
A-8
PULLED:
With An Annual Rental Of $1.00 (Doolittle Drive And Harbor Bay Parkway, North
Airport) (Ordinance)
Item A-8 was pulled on the recommendation of staff.
A-9
Resolution 04191, A Resolution Approving The Submittal Of Grant Applications
To Transportation Fund For Clean Air ("TFCA").
The motion to approve Items A-1 through A-9 passed by the following
votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse,
Vice-President Katzoff, Commissioner Kiang, Commissioner Kramer, Vice
President Scates and President Protopappas.
MARITIME
A motion to approve Items M-1 and M-2 was made by Commissioner
Kramer and seconded by Commissioner Batarse.
M-1 Resolution 04192, A Resolution Approving Issuance Of Change Orders To
Contract With C. Overaa & Co., For Construction Of Port Field Support Services
Complex (HFC) Post Bid Permit Modifications, Revised Entranceway, And
Value Engineering Measures.
M-2
Proposed Lease With GSC Logistics, Inc.
Port Ordinance No.
, Being, "An Ordinance Approving The Extension
Of The Term Of A Lease With GSC Logistics, Inc.
REGULAR MEETING
July 6, 2004
The motion to approve Items M-1 and M-2 passed by the following votes:
(7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, Vice
OPERATIONS
President Protopappas made the recommendation to take Items 0-10
through 0-12 first, due to the number of public speakers on those items.
A presentation on the budget was made by Judith Blackwell.
Sanjiv Honda spoke on Item 0-12.
A motion to approve Items 0-10, 0-11 and 0-12 was made by VicePresident Scates and seconded by Commissioner Kiang. Vice-President
Scates made special note that the motion did not include approval of a 4%
COLA.
0-10
Resolution 04199, A Resolution Approving The Capital Budget For The Capital
Improvement Program For Fiscal Year 2004-2005.
0-11
The motion to approve Items 0-10 and 0-11 passed by the following
votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse,
Vice-President Katzoff, Commissioner Kiang, Commissioner Kramer, Vice
0-12 Resolution 04200, A Resolution Approving Annual Operating Budget And
Authorizing The Expenditure Of Certain Moneys Of The Port Of Oakland For
The Fiscal Year 2004-2005.
Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President
Protopappas. (1) No: Commissioner Kramer.
A motion to approve Items 0-1 through 0-9 was moved by Commissioner
Ayers-Johnson and seconded by Commissioner Kramer.
REGULAR MEETING
July 6, 2004
0 - 1 Resolution 04194, A Resolution Awarding Contract For Performing Emergency
Spill Response And Handling Hazardous And Contaminated Materials At The
Port Of Oakland Maritime And Aviation Construction Sites For The Period
Commencing July 1, 2004 And Ending June 30, 2005, 2006 Or 2007, To Dillard
Trucking, Inc., A California Corporation dba Dillard Environmental Services, In
The Amount Of $500,000, Fixing The Amount Of Bonds, And Rejecting All
Other Bids.
0 -2
Resolution 04195, A Resolution Adopting Renewables Portfolio Standard For
Electric Power Purchased By Port For Resale.
0 - 3 Resolution 04196, A Resolution Finding And Determining That A Proposed
Agreement With Elation Systems At A Maximum Compensation Of $150,000
For Consulting Services Constitutes Professional, Technical And Specialized
Services That Are Temporary In Nature, Waiving Competitive Bidding And
Authorizing Execution Of Agreement.
0 -4
Resolution 04197, A Resolution Approving Layoffs In Accordance With The
Proposed Operating Budget For Fiscal Year 2004-2005.
Sanjiv Handa, Nancy Watson, Western Council of Engineers, Jill Borner-Brown
and Alfonso Loera spoke on Item 0-4.
0 -5
Port Ordinance No.
Being, "An Ordinance Amending Section 5.04
And Deleting Section 11.0265 Of Port Ordinance No. 867."
0 -6
Port Ordinance No.
And Deleting Section 11.0264 Of Port Ordinance No. 867."
0 -7
Port Ordinance No.
Of Port Ordinance No. 867."
Being, "An Ordinance Amending Section
10.019 And Deleting Section 10.073 Of Port Ordinance No. 867."
0-8
Port Ordinance No.
0 -9
Resolution 04198, A Resolution Terminating Certain Appointment.
Sanjiv Handa spoke on Item 0-9.
The motion to approve Items 0-1, 0-2, 0-3, 0-5, 0-6, 0-7, 0-8 and 0-9
passed by the following votes: (7) Ayes: Commissioner Ayers-Johnson,
Commissioner Batarse, Vice-President Katzoff, Commissioner Kiang,
Commissioner Kramer, Vice President Scates and President Protopappas.
REGULAR MEETING
July 6, 2004
The motion to approve Item 0-4 passed by the following votes (6) Ayes:
Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President
Protopappas. (1) No: Commissioner Kramer.
The Minutes of the Regular meeting of June 22, 2004 were deferred.
SUMMARY ITEMS
A motion to approve the Summary Item was made by Commissioner
Ayers-Johnson and seconded by Commissioner Kramer.
Execution Of A Multi-Year License And Concession Agreement With Clear
Channel, Inc."
The motion to approve Summary Item S-1 passed by the following vote:
(7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, Vice
ELECTION OF OFFICERS:
The election of new officers for the coming year were as follows:
President: Patricia A. Scates
1 st Vice President: Frank Kiang
2 nd Vice President: Anthony A. Batarse, Jr.
Sanjiv Handa spoke on the Election of Officers.
A motion to approve the Election of Officers passed by the following
vote: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse,
Vice-President Katzoff, Commissioner Kiang, Commissioner Kramer,
Vice President Scates and President Protopappas.
OPEN FORUM
The following individuals spoke in Open Forum: Sanjiv Handa and Curtis
Smothers.
REGULAR MEETING
July 6, 2004
ADJOURNMENT
There being no further business, the Board adjourned at 5:35 p.m.
Cheryl riedman, Assistant Secretary
JOHN PROTOPAPPAS
President
PORT OF OAKLAND
PATRICIA A. SCATES
KENNETH S. KATZOFF
Commissioner
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
E-Mail: boardportoakland.com
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, July 20, 2004 - 3:00 PM
ROLL CALL
President Protopappas called the meeting to order at 3:04 pm.
Commissioner Ayers-Johnson, Commissioner Batarse, Second Vice-President
Katzoff, Commissioner Kiang, Commissioner Kramer, First Vice-President Scates
and President Protopappas were all in attendance.
CLOSED SESSION
Then Board entered into closed session at 3:06 pm.
1.
Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of
Section 54956.9. Name of case:
Friends of the USS Crescent City v. Port of Oakland,
Alameda County-Hayward Hall of Justice Superior Court Case No. HG04158545
2.
(2 matters)
3.
Negotiating Parties: Port of Oakland, Oakland Base Reuse Authority, Oakland
Redevelopment Agency and City Council
Agency Negotiator: Executive Director, Jerry Bridges
July 20, 2004
4. Conference With Labor Negotiators. Government Code Section 54957.6:
Employee Organizations: IBEW Local 1245
The Secretary of the Board reported that no final action had been taken during the
Closed Session, but that the Closed Session Agenda had not been concluded and
would be continued after Open Forum.
OPEN SESSION
President Protopappas reconvened the Board in Open Session at 4:05 pm.
RATIFY ELECTION OF OFFICERS:
A motion to ratify the election of the following officer was made by
Commissioner Katzoff and seconded by Commissioner Ayers-Johnson:
President: Patricia A. Scates
1 st Vice President: Frank Kiang
2 nd Vice President: Anthony A. Batarse, Jr.
Secretary of the Board: John Betterton
Assistant Secretary of the Board: Cheryl Friedman
Resolution 04201 Declaring Election Of Officers At The Board Meeting of July 6, 2004.
The Commissioners expressed their gratitude to President Protopappas, VicePresident Scates & Vice-President Katzoff for there leadership over the past year.
PRESIDENT'S REPORT
President Scates reported that she had attended the 4th Annual Small Business
Conference sponsored by Councilman Larry Reid. She gave a luncheon address, to
500 attendees, on Turner Construction and progress on the Airport's Terminal
Expansion Project.
July 20, 2004
Executive Director Jerry Bridges reported that Southwest Airlines was adding
additional flights and new destinations. He thanked the Airport Staff and Southwest
Airlines.
Director Bridges also announced that the next Good Neighbor breakfast will be held on
July 21st.
AIRPORT
A motion to approve Item A-1 was made by Vice-President Kiang and seconded
by Commissioner Katzoff.
A-1 Resolution 04202 Approval Of License And Concession Agreement With Flight Watch
USA, LLC With A Monthly Rental Of $679.11 (7843 Earhart Road, North Airport).
Katzoff, Vice-President Kiang, Commissioner Kramer, Commissioner
Protopappas and President Scates.
MARITIME
July 15th Maritime Committee Report
Commissioner Kramer reported that the July 15 th Maritime Committee had
recommended to the full Board Items M-1 through M-2.
and seconded by Vice-President Batarse.
, Recommendation To Approve And Authorize Execution
Of A Non-Exclusive Preferential Assignment Agreement With Evergreen Marine
Corporation (Taiwan) Ltd. For Berth 34 Terminal Yard Facilities At An Initial Annual
Rate Of $550,000.
M-1 Port Ordinance No.
July 20, 2004
M-2 Resolution 04203 Authorization For Moffatt & Nichol Engineers To Provide Complete
Design And Construction Support Services, American President Lines (APL) Yard
Reconfiguration, APL Terminal, Middle Harbor, In The Remaining Amount Of
$2,170,000.
During the discussion of M-2 the Director of Engineering, Jerry Serventi, reported that
the item had previously been held by the Board which had requested that the
preferential assignment be signed prior to coming back before the full Board. He
stated that while the assignment had not been signed it was expected shortly.
M-3 Resolution 04204 Approval To Reimburse The East Bay Municipal Utility District
(EBMUD) For Additional Construction Costs Associated With The Relocation Of The
Force Main And Gravity Sanitary Sewer That Served The Former Alameda Naval Air
Station.
Katzoff, Vice-President Kiang, Commissioner Kramer, Commissioner
Protopappas and President Scates.
OPERATIONS
Audit, Budget & Finance
A motion to approve Item 0-1 was made by Vice-President Batarse and
seconded by Vice-President Kiang.
0-1 Resolution 04205 - Declaration Of Surplus Equipment And Ratification Of Disposition
Of Surplus Equipment (Savings Of $80,310.)
President Scates.
July 16th City/Port Liaison Committee Report
Commissioner Katzoff reported on the July 16 th City/Port Liaison Committee Meeting
July 20, 2004
SUMMARY ITEMS
A motion to approve Summary Items 0-1 through 0-7 was made by
Commissioner Kramer and seconded by Commissioner Protopappas.
Building Permit Applications
S-1 Resolution 04206 - America West Airlines, #1 Airport Drive, Building M101 & M102,
interior tenant improvements to ticket counters, airline ticket office, baggage service
office and operations area within Terminal 1. The work includes installation of selfticketing kiosks in front of the ticket counters and installation of wide area and local
area networks in the tenant's offices. The work will include related electrical work.
Environmental Quality Act pursuant to Class 1, Section 15301(a). Valuation of work:
$43,000.
S-2 Resolution 04207 - Oakland Fuel Facilities Corp. McGuire and Hester Contractors,
Inc. Aircraft parking slot G, Oakland International Airport. Repairs to the South Airport
hydrant fuel system consisting of the replacement of two failed vaults, installation of
value assemblies, and restoration of pavement in the area of the work. The project
includes related electrical and mechanical work and proper disposal of fuel and soil.
Environmental Quality Act pursuant to Class 1, Section 25301 and Class 2, Section
15302. Valuation of work: $365,000.
S-3 Port Ordinance No. 3810 Being, "An Ordinance Approving The Extension Of The
Term Of A Lease With GSC Logistics, Inc."
S-4 Port Ordinance No. 3811 Being, "An Ordinance Amending Section 5.04 And Deleting
Section 11.0265 Of Port Ordinance No. 867."
S-5 Port Ordinance No. 3812 Being, "An Ordinance Amending Section 7.022 And
Deleting Section 11.0264 Of Port Ordinance No. 867."
S-6 Port Ordinance No. 3813 Being, "An Ordinance Amending Section 6.032 Of Port
Ordinance 867."
July 20, 2004
S-7 Port Ordinance No. 3814 Being, "An Ordinance Amending Section 10.019 And
Deleting Section 10.073 Of Port Ordinance No. 867."
The motion to approve Summary Items S-1 through S-7Resolution 04202 passed
by the following votes: (7) Ayes: Commissioner Ayers-Johnson, Vice-President
Batarse, Commissioner Katzoff, Vice-President Kiang, Commissioner Kramer,
OPEN FORUM
President Scates reconvened the Board in Closed Session at 4:37p.m.
ADJOURNMENT
There being no further business the Board adjourned at 5:00 pm.
Jowl tietterton, secretary
BcArd of Port Commissioners
PATRICIA A. SCATES
President
PORT OF OAKLAND
FRANK KIANG
Commissioner
KENNETH KATZOFF
Commissioner
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 7615730
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
E-Mail: boardOportoakland.com
DAVID KRAMER
Commissioner
JOHN PROTOPAPPAS
Commissioner
MINUTES
Tuesday, August 3, 2004 - 3:00 PM
ROLL CALL
President Scates called the meeting to order at 3:02 p.m, and the following
Commissioner Avers-Johnson Senond Vine-President Rafarse
Commissioner Katzoff, First Vice-President Kiang, Commissioner Kramer,
and President Scates. Commissioner Protopappas was absent.
1.
Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision
(a) of Section 54956.9. Names of cases:
City of Oakland et al. v. Owner Operator Trucking Association,
Pacific Coast Building Products v. Lumbermen Mutual Casualty Company,
Alameda County Superior Court Case No. 2001-024620
2.
(2 matters)
3.
REGULAR MEETING
August 3, 2004
Agency Negotiator: Executive Director, Jerry Bridge&
e
••
Under Negotiation:
4.
Public Employee Discipline/Dismissal/Release. Government Code Section
54957.
OPEN SESSION (4:00 P.M.)
President Scates reconvened the Board in Open Session at 4:09 p.m.
The Secretary of the Board reported that during Closed Session the Board had
Resolution 04208 A Resolution Authorizing And Approving Retention Of
Special Counsel.
The motion to approve Resolution 04208 passed by the following votes:
(6) Ayes: Commissioner Ayers-Johnson, Vice-President Batarse,
Commissioner Katzoff, Vice-President Kiang, Commissioner Kramer and
President Scates. (1) Absent: Commissioner Protopappas.
PRESIDENT'S REPORT
President Scates reported on the July 24 th service at Allen Temple where Port
leaders were introduced, and the July 29th Turner Construction reception for
Port officials.
Executive Director Jerry Bridges reported on the July 21 st Congressional Staff
Visit and tour; Black Expo 2004; The 9 th Annual Business Awards Gala, and
announced a test of the emergency preparedness exercise taking place on
August 5th.
AVIATION
A motion to approve Items A-1 through A-8 was made by Commissioner
Katzoff and seconded by Commissioner Ayers-Johnson.
A-1
Certain License And Concession Agreement With Lloyd W. Aubrey Co., Inc.
REGULAR MEETING
August 3, 2004
A-2
Port Ordinance No.
, Being, "An Ordinance Approving And Authorizing
Execution Of A Lease With The United States Of America For The Operation Of
Remote Transmitter/Receiver Facility (Vicinity Of Port Building L-904, North
Airport.)"
A-3 Resolution 04211, A Resolution Approving And Authorizing Execution Of
Certain Agreement To Extend Right-Of-Entry And Indemnity Agreement With
United States Postal Service.
A-4 Resolution 04212, A Resolution Approving Consent To Assignment Of Rights
From Endymion Systems, Inc. To Soluziona USA For A Certain Existing
Consultant Agreement.
A-5
, Being, "An Ordinance Amending Port Ordinance
Port Ordinance No.
No. 3648 To Permit Pilot Programs For Ground Transportation, Authorizing An
On-Demand Limousine Service Pilot Program And Authorizing The Approval
And Execution Of A Space Use Agreement With Zinnia Limousine And Sedan
Company."
A-6 Resolution 04213, A Resolution Accepting Federal Aviation Administration
("FAA") Airport Improvement Program ("AIP") AIP-25 Grant Amendment No. 1;
Ratifying The Acceptance Of FAA Grant Offer For AIP-35; Accepting FAA Grant
Offer For AIP-36; And Amendment To Board Of Port Commissioners'
Resolution No. 04184 Authorizing Acceptance Of Additional Grant Offers Based
On The Terms And Conditions Contained In Either AIP-34, AIP-35 Or AIP-36.
A-7 Resolution 04214, A Resolution Approving Plans And Project Manual For
Construction Of Security System On Taxiway B Overpass, North Field, Oakland
International Airport, AIP No. 3-06-0170-32, And Calling For Bids Therefore.
A-8 Resolution 04215, A Resolution Finding And Determining That A Proposed
Second Supplemental Agreement With Carter & Burgess, Inc. At An Additional
Maximum Compensation Of $270,000 For Consulting Services Constitutes
Professional, Technical And Specialized Services That Are Temporary In
Nature, Waiving Competitive Bidding And Authorizing Execution Of Said
Supplemental Agreement.
Sanjiv Handa spoke on the above items.
The motion to approve Items A-1 through A-8 passed by the following
REGULAR MEETING
August 3, 2004
MARITIME
A motion to approve Items M-1 through M-7 was made by Commissioner
Kramer and seconded by Commissioner Batarse.
M-1 Resolution 04216, A Resolution Approving And Authorizing Execution Of An
Amendment To Agreement With Montezuma Wetlands, LLC (Disposal Of
Dredged Material At The Montezuma Wetlands Restoration Project Site.)
M - 2 Resolution 04217, A Resolution Approving And Authorizing The Advancement
Of Funds To The Federal Government For Deepening Of The Oakland Harbor
Channels To An Interim Channel Depth Of -46 Feet And Amending The Project
Cooperation Agreement With The Department Of The Army For Construction Of
The Oakland Harbor Navigation Improvement (-50 Foot) Project.
M - 3 Resolution 04218, A Resolution Approving Negotiation And Execution Of
Change Orders To Contract With Manson Construction Co. (220319) For The
Berth 22 Wharf Replacement Project For The Costs Associated With The
Dredged, Petroleum Laden Material.
M -4 Resolution 04219, A Resolution Finding And Determining That A Proposed
Agreement With Inspection Services, Inc., At A Maximum Compensation Of
$200,000 Annually For Consulting Services Constitutes Professional, Technical
And Specialized Services I hat Are I emporary In Nature, Waiving competitive
Bidding And Authorizing Execution Of Agreement.
Resolution 04220, A Resolution Finding And Determining That A Proposed
Agreement With Testing Engineers, Inc., At A Maximum Compensation Of
$200,000 Annually For Consulting Services Constitutes Professional, Technical
And Specialized Services That Are Temporary In Nature, Waiving Competitive
M - 5 Resolution 04221, A Resolution Approving And Ratifying Amount Exceeding
The Purchase Order Contract Limits To Contract(s) With Christie Constructors,
Inc., For Emergency Repairs To Port Of Oakland Cranes, At A Cost Of
$16,346.50.
M - 6 Resolution 04222, A Resolution Approving And Authorizing Execution Of An
Amendment To The Covenant To Restrict Use Of Property ("CRUP
Amendment") And An Agreement, Operation And Maintenance ("0 & M
Agreement"), Both With The State Department Of Toxic Substances Control
("DTSC"); Concerning The Charles P. Howard Terminal ("Howard Terminal").
REGULAR MEETING
August 3, 2004
M-7 Resolution 04223, A Resolution Approving, Accepting And Authorizing The
Executive Director, Or His Designee To Sign All Permits Issued For The Berths
35-37 Wharf Embankment And Strengthening Program By The San Francisco
Bay Conservation And Development Commission And The United States Army
Corps Of Engineers, And To Accept The Terms Of The Water Quality
Certification Issued By The San Francisco Regional Water Quality Control
Board, And Authorizing Implementation Expenditures Up To $320,000.
M-8
PULLED: Recommendation To Approve And Authorize Execution Of Non
Ltd. (APL) For Berths 60 63, At An Initial Annual Revenue Level Of $6.8 Million
(Ordinance).
Item M-8 was pulled on the recommendation of staff.
The motion to approve Items M-1 through M-7 passed by the following
OPERATIONS
A motion to approve Items 0-1 through 0-6 and 0-8 was made by
Commissioner Ayes-Johnson and seconded by Commissioner Kramer.
0-1
Resolution 04224, A Resolution Appointing Wilson Lacy To The Position Of
Director Of Maritime.
Executive Director Jerry Bridges introduced Mr. Lacy and expounded on his
background.
0-2 Resolution 04225, A Resolution Finding And Determining That A Proposed
Agreement With Corvel Corporation At A Maximum Compensation Of $100,000
Agreement With Dynamic Networking Solutions (DNS) At A Maximum
Compensation Of $60,000 For Consulting Services Constitutes Professional,
REGULAR MEETING
August 3, 2004
Agreement With Cisco Systems, Inc., At A Maximum Compensation Of $50,000
Agreement With Hewlett Packard Company (HP) At A Maximum Compensation
Of $60,000 For Consulting Services Constitutes Professional, Technical And
Specialized Services That Are Temporary In Nature, Waiving Competitive
Agreement With SBC Communications, Inc. (SBC) And Nortel Networks
Of Agreement.
Agreement With GEAC Computer Corporation, Ltd. (GEAC) At A Maximum
T
n Inn I Anrl C
n I I-ynnl
•Innn -1- 1-tn+ A rn Trsrnnesrnn,1'0,4. 11,n. IA
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Agreement With Compucom Systems, Inc. (COMPUCOM) At A Maximum
First Supplemental Agreement With General Networks Corporation At An
Additional Maximum Compensation Of $309,000 For Consulting Services
Of Said Supplemental Agreement.
Supplemental Agreement With Geoff Dorn At A Maximum Compensation Of
$60,000 For Consulting Services Constitutes Professional, Technical And
Specialized Services That Are Temporary In Nature, Waiving Competitive
Bidding And Authorizing Execution Of Said Supplemental Agreement.
REGULAR MEETING
August 3, 2004
0-6 Resolution 04234, A Resolution Finding And Determining That Three Proposed
Agreements For The Commission Of Artwork For The Oakland International
Airport Constitute Professional, Technical And Specialized Services That Are
Of Agreements For The Artwork, As Follows: With Alan Rath For Commission
Of Artwork For The Escalator Wall At Terminal 2, Total Cost Not To Exceed
$100,000; With Joyce Hsu For Commission Of A Sculpture For The Parking
Garage, East Plaza, Total Cost Not To Exceed $300,000; And With Hung Liu
For Commission Of Artwork For The Window In Terminal 2, Total Cost Not To
Exceed $240,000.
0-7
PULLED:
Approval of Port of Oakland standard contract provisions.
{-Res-GI-44R}
0-8 Resolution 04235, A Resolution Approving Consent To Assignment Of Rights
From Foss Environmental Services, Inc. Of The Contract For Performing
Emergency Spill Response Or Emergency Repairs In A Hazardous Environment
For Port Of Oakland Facilities, For The Period Commencing July 1, 2003, And
Ending June 30, 2004, 2005 Or 2006, Oakland, California, To NRC
Environmental Services, Inc.
Sanjiv Handa spoke on the above items.
The motion to approve Items 0-1 through 0-6 and 0-8 passed by the
following votes: (6) Ayes: Commissioner Ayers-Johnson, Vice-President
Batarse, Commissioner Katzoff, Vice-President Kiang, Commissioner
Kramer and President Scates. (1) Absent: Commissioner Protopappas.
A motion to approve Item 0-9 was made by Vice-President Kiang and
seconded by Vice-President Batarse.
Agreement With Grigsby & Associates, Inc. Annually For Consulting Services
Of Agreement, And Authorizing The Chief Financial Officer To Hire Said Firm
And Obtain Other Financial Advisory Services Up To A Budgeted Amount Of
$250,000.
Sanjiv Handa spoke on the above item.
Commissioner Ayers-Johnson, Vice-President Batarse, Commissioner
Katzoff, Vice-President Kiang, Commissioner Kramer and President
Scates. (1) Absent: Commissioner Protopappas.
REGULAR MEETING
August 3, 2004
Approval of the Minutes of the Adjourned Regular Meeting of June 22, 2004, the
Regular Meeting of July 6, 2004, and the Regular Minutes of July 20, 2004 were
deferred.
SUMMARY ITEMS
A motion to approve the Summary Items was made by Commissioner
Kramer and seconded by Commissioner Ayers-Johnson.
S-1
Resolution 04237, A resolution approving building permit requested by
Unicold Corporation.
S-2 Port Ordinance No. 3815 Being, "An Ordinance Authorizing And Approving
The Execution Of Non-Exclusive Preferential Assignment Agreement With
Evergreen Marine Corp. (Taiwan) Ltd. (Berth 34 Terminal Yard Facilities.)
The motion to approve Summary Items S-1 and S-2 passed by the
following votes: (6) Ayes: Commissioner Ayers-Johnson, Vice-President
Batarse, Commissioner Katzoff, Vice-President Kiang, Commissioner
Kramer and President Scates. (1) Absent: Commissioner Protopappas.
OPEN FORUM
CONTINUATION OF CLOSED SESSION
President Scates reconvened the Board in Closed Session at 5:16 p.m. to
complete consideration of the Closed Session agenda.
ADJOURNMENT
There being no further business, the Board adjourned.
Cheryl Friedman, Assistant Secretary
PORT OF OAKLAND
PATRICIA A. SCATES
President
FRANK KIANG
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
Commissioner
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
E-Mail: boardftdortoakland.com
KENNETH KATZOFF
Commissioner
DAVID KRAMER
Commissioner
MINUTES
JOHN PROTOPAPPAS
Commissioner
Tuesday, October 5, 2004 - 3:00 p.m.
ROLL CALL
President Scates called the meeting to order at 3:10 p.m., and the following Commissioners
were in attendance:
Commissioner Kramer, Commissioner Protopappas, and President Scates.
First Vice-President Kiang was excused.
1.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION. Pursuant to
2.
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION. Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9: (5 Matters)
3.
54956.8.
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Regular Meeting
October 5, 2004
4.
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE. Government Code Section
54957.
OPEN SESSION
President Scates convened the Board in Open Session 4:05 pm.
The Port Attorney reported that during Closed Session the Board had taken no final
action, and that a second Closed Session would be required after Open Forum.
PRESIDENT'S REPORT
President Scates reported on the recent trade promotion and business develop mission to
Asia. She, Vice-Presidents Kiang and Batarse, Executive Director Bridges and Maritime
Director Lacy visited customers in Japan, Taiwan, Hong Kong and Singapore.
President Scates also reported on the September 18 th Grand Opening of Middle Harbor
Shoreline Park.
Executive Director, Jerry Bridges, reported that a delegation from our Sister Port in Ghana
had been visiting the Port. He called on the Chief Engineer John Aidoo to introduce the
visitors.
The Director of the Port of Takoradi, Nestor Galley, addressed the Board and introduced
his eight member delegation.
Additionally the Executive Director reported on the following:
•
•
•
Visit and tour of Port facilities by State Asssemblymembers
Award of 1.2 million dollar grant from the Homeland Security Department
Award for "Best Practices in Communications" from the American Association of
Port Authorities
AIRPORT
September 27 th Aviation Committee Report
Commissioner Katzoff reported that the September 27 th Aviation Committee had
recommended for consideration by the full Board Items A-1 through A-16.
A public speaker, Sanjiv Handa, spoke on the Aviation Committee Report.
-2-
Regular Meeting
October 5, 2004
A motion to approve Items A-1 through A-10 and A-12 through A-16 was made by
Commissioner Katzoff and seconded by Commissioner Ayers-Johnson.
A-1 Resolution 04265, Approval Of A License And Concession Agreement With United Air
Lines, Inc. For The Operation Of A Passur Passive Radar System For An Annual Rental
Of $37,800 At The Aircraft Rescue & Fire Fighting Facility (7501 Air Cargo Road, South
Airport).
A-2 Resolution 04266, Approval Of License And Concession Agreement With United Parcel
Service, Inc. For The Operation Of An Air Cargo Transport And Sorting Facility For A OneYear Term With A Monthly Rental Of $111,385.44 (112 Alan Shepard Way, South Airport.
A-3 Resolution 04267, Approval Of Second Agreement To Extend Right-Of-Entry And
Indemnity Agreement With The San Francisco Bay Area Rapid Transit District For No
Consideration (Adjacent To Airport Drive, South Airport)
A - 4 First Reading Of An Ordinance Approving A Lease With The United States Of America For
The Operation Of A Precision Approach Path Indicator Light System With A Monthly
Rental Of $0.00 (Vicinity Of Runway 27R, North Airport)
A-5 Resolution 04268, Approval Of License And Concession Agreement With Huntleigh USA
Corporation For Skycap And Security Checkpoint Ticket Reading Services For A OneYear Term With A Monthly Rental Of $250 Or 10% Of Gross Revenues, Whichever Is
Greater (#1 Airport Drive, South Airport.
A-6 Resolution 04269, Approval Of License And Concession Agreement With Pacific Western
Aviation Oakland, LLC For Passenger And Ground Handling Services For A One-Year
Term With A Monthly Rental Of $250 Or 10% Of Gross Revenues, Whichever Is Greater
(#1 Airport Drive, South Airport).
A-7 Resolution 04270, Approval Of License And Concession Agreement With Oakland
Flyers, LLC With A Monthly Rental Of $2,199.45 (8135 Earhart Road, North Airport).
A-8 Resolution 04271, Approval Of First Amendment To Agreement For Operation And
Maintenance Of Aviation Fuel Facilities At Oakland International Airport With Oakland Fuel
Facilities Corporation At A Monthly Payment ("Compensation") Of $624,777 (Facilities
Located Throughout The South Airport).
A-9 Resolution 04272, Authorization To Execute A Professional Services Agreement With
Jacobs Consultancy Inc. (Doing Business As Leigh Fisher Associates) To Provide
Concession Planning And Consulting Services At Oakland International Airport For An
Amount Not To Exceed $100,000
Regular Meeting
October 5, 2004
A-10 Resolution 04273, Authorization To Execute A Professional Services Agreement With
URS Corporation To Provide Aviation Planning And Preliminary Engineering Consulting
Services For An Amount Not To Exceed $300,000 To Evaluate Sub-Standard Runway
Safety Areas (RSAs) At Oakland International Airport, And Identify And Evaluate Potential
Practicable Solutions To Correct Sub-Standard RSAs.
A-12 Resolution 04275, Ratification Of Addenda And Award Of Contract For Construction Of
In-Line Explosives Detection System, Terminal 2, South Field, 01A, AIP 3-06-0170-33, In
The Amount Of $8,290,002.58.
A-13 Resolution 004276, Authorization To Dispense With Standard Bidding Procedures And
Include The Installation Of Two Solid-State 400 Hertz Converter Units At Building M-103,
In The Port's Small Business Program.
A-14 Resolution 04277, Authorization To Dispense With Standard Bidding Procedures For
Construction Of Awning/Canopy Over Outbound Baggage Makeup Ramp, Building M101, Oakland International Airport.
A-15 Resolution 04278, Approval Of Negotiation And Execution Of Change Orders To The
Contract For Upgrade Of The Energy Management Control System At Terminals I And II,
South Field, Oakland International Airport.
A-16 Resolution 04279, Approval Of Professional Services Agreement With HNTB
Corporation For Engineering Services For Reconstruction Of Aprons In The Vicinity Of
Hangars 1 Through 5, North Field, Oakland International Airport, AIP 3-06-0170-32.
The motion to approve Items A-1 through A-10 and A-12 through A-16 passed by
the following votes: (6) Ayes: Commissioner Ayers-Johnson, Vice-President
Batarse, Commissioner Katzoff, Commissioner Kramer, Commissioner
Protopappas and President Scates. (1) Excused: Vice-President Kiang
Commissioner Protopappas recused himself from the discussion and deliberation of Item
A-11 citing a business relationship with the contractor. He left the Board Room during the
discussion of the item.
A motion to approve Items A-11 was made by Commissioner Katzoff and seconded
A-11 Resolution 04274, Agreement With E-Agency For Marketing Support Services For FY
04-05 In The Amount Of $45,000.
The motion to approve Items A-11 passed by the following votes: (5) Ayes:
Commissioner Kramer, and President Scates; (1) Excused: Vice-President Kiang;
(1) Recused: Commissioner Protopappas
-4-
Regular Meeting
October 5, 2004
A-17 ORAL REPORT: Construction And Local Business Utilization Status Report On The
Airport Terminal Expansion Program By Turner Construction Company.
Joel Sloan of Turner Construction Company gave a status report on the Terminal
Expansion Program
MARITIME
September 16 th Maritime Committee Report
Commissioner Kramer reported that the September 16 th Maritime Committee had
recommended for consideration by the full Board Items M-1 through M-3.
A motion to approve Items M-1 through M-3 was made by Commissioner Kramer and
seconded by Commissioner Katzoff.
M-1 Resolution 04280, Approval To Dispense With Standard Bidding Procedures For Rigging
And Repair Of Port Of Oakland Cranes For The Period Commencing January 1, 2005 And
Ending December 31, 2005, 2006 Or 2007, In The Estimated Amount Of $200,000 Per
Year.
M-2 Resolution 04281, Approval Of Negotiation And Execution Of Change Orders To The
Berth 22 Wharf Replacement Project For The Costs Associated With Removal And
Disposal Of Quay Walls Not Shown On The Project Plans That Were Encountered During
The Dredging Phase Of The Project.
M-3 Resolution 04282, Authorization To Negotiate And Execute: a) An Assignment Agreement
With The Oakland Base Reuse Authority (OBRA) And The Western Area Power
Administration ("Western") To Accept OBRA's Assignment Of Its Western Base Resource
Contract To The Port; b) A Resource Management Service Agreement Between The Port
And OBRA To Manage All Of OBRA's Electric Resources For The OAB, And Approval To
Purchase Electric Power For The OAB From The Wholesale Electricity Market For Delivery
From January 1, 2005 To December 31, 2010.
Katzoff, Commissioner Kramer, Commissioner Protopappas and President Scates.
(1) Excused: Vice-President Kiang
OPERATIONS
September 28th Administrative Committee Report
Commissioner Ayers-Johnson reported that the September 28th Administrative
Committee had recommended for consideration by the full Board Items 0-1 through 0-10.
-5-
Regular Meeting
October 5, 2004
A motion to approve Items 0-1 through 0-8 and 0-10 was made by Commissioner
Ayers-Johnson and seconded by Commissioner Katzoff.
, Title Changes For Classifications In The Office Of Audit Services: From
0-1 Port Ordinance
Port Auditor To Chief Audit Officer; From Administrative Services Manager II To Port Audit
Manager; From Port Auditor I To Port Assistant Auditor, And From Port Auditor H To Port
Associate Auditor.
, Downgrade Of Port Senior Auditor Position To Port Auditor II Level
0-2 Port Ordinance
(Savings Of $25,966 Per Year).
, Approval Of Salary Increase For Certain Unrepresented And
0-3 Port Ordinance
Management Employees, Effective June 19, 2004.
A member of the public, Sanjiv Handa spoke on Item 0-3
, Performance Incentive Compensation Plan For Employment Unit H For
0-4 Port Ordinance
Fiscal Year 2004-05.
A member of the public, Sanjiv Handa spoke on Item 0-4
0-5 Resolution 04283, First Supplemental Agreement With SM Consulting For An Amount Not To
Exceed $50,000 To Provide Human Resources Consulting Services.
0-6 Resolution 04284, Approval Of A First Supplemental Agreement To Expand NOR-CAL, FDC's
Contract To Administer The Port Of Oakland Surety Bond And Financing Program Through
June 2005.
0-7 Resolution 04285, Approval To Terminate Hire Area Resident Program (HARP) Pilot
Program.
0-8 Resolutions 04286, 04287, 04288, Authorization To Prepare And Execute Agreements With
Consultants For On-Call Electrical, Mechanical And Communications Engineering Design
Services For Projects At The Port Of Oakland, At An Estimated Amount Not To Exceed $1Million For Each Of The Three Disciplines For A Three-Year Period.
Item 0-9 was pulled at the recommendation of the Staff.
0-9 PULLED:
Contracts.
Regular Meeting
October 5, 2004
0-10 Resolution 04290, Recommendation To Pass A Resolution: 1) Approving And Authorizing
Execution Of Agreements With The Port's Industrial Tenants Who Elect To Participate In The
Port's Industrial Group Monitoring Program ("IGMP"); And 2) Delegating To The Executive
Director, Or His Designee, The Authority To Administer The Port's IGMP, Including, But Not
Limited To, Setting An Annual Fee For Reimbursement Of Port Expenses.
The motion to approve Items 0-1 through 0-8 and 0-10 passed by the following votes: (6)
Ayes: Commissioner Ayers-Johnson, Vice-President Batarse, Commissioner Katzoff,
Commissioner Kramer, Commissioner Protopappas and President Scates. (1) Excused:
Vice-President Kiang
A motion to approve Items 0-11 was made by Vice-President Batarse and seconded by
Commissioner Ayers-Johnson.
0-11 Resolution 04290, Authorization To Renew The Potomac Hull And Machinery And Protection
And Indemnity Insurance.
Commissioner Kramer, Commissioner Protopappas and President Scates. (1) Excused:
Vice-President Kiang
On a motion by Commissioner Kramer, seconded by Commissioner Katzoff, the Board
(excepting Kiang who was excused) unanimously approved the Minutes of the Regular
Meeting of September 7, 2004.
SUMMARY ITEMS
On a motion by Commissioner Katzoff, seconded by Commissioner Kramer, the Board
(excepting Kiang who was excused) unanimously approved Summary Items S-1, S-3 &
S-4.
S-1
Resolution 04291, Southwest Airlines Co., #1 Airport Drive, Terminal 2 (M130): Removal of
the existing ticket counter shells and installation of new "in-line kiosks" in their place. Project to
include related electrical and data cabling work. This project has been determined to be
exempt from the requirements of the California Environmental Quality Act pursuant to Class 1,
Section 15301, and Class 2, Section 15302. Valuation of work: $37,000.
Summary Item 2 was pulled on the recommendation of staff.
Regular Meeting
October 5, 2004
S-2
PULLED: Foster Interstate Media, Inc.; Oakland International Airport, various locations:
located facing outbound Airport Drive on Neil Armstrong Way. The project includes
from the requirements of the California Environmental Quality Act pursuant to Class 3 and
Clad 11, Sections 15311 and 15303. Valuation of work: $2,000,000.
S-3 Port Ordinance No. 3818, Being "An Ordinance Approving And Authorizing Execution Of
A 20-Year Lease, Operation Agreement And Utility Service Agreement For A New Air
Traffic Control Tower, A Modification To Supplement No. 3 For An Extension Of The
Existing Lease For The North Field Air Traffic Control Tower And A Modification To
Supplement No. 6 For An Extension Of The Existing Lease For The South Field Air Traffic
Control Tower, All With The United States Of America, Department Of Transportation,
Federal Aviation Administration (FAA)."
S-4 Port Ordinance No. 3819, Being "An Ordinance Amending Port Ordinance No. 1606 To
Enable Approval Of Standard Public Works Contract Provisions."
OPEN FORUM
Members of the public, Sanjiv Handa and Prelmer Newman addressed the Board in Open
Forum.
The Board reconvened in Closed Session at 5:16 pm.
President Scates reconvened the Board in Open Session at 5:58.
The Port Secretary reported that during Closed Session the Board had taken final action on
the following items:
Resolution 04262 Approving And Authorizing Negotiation Of A Settlement With O.C. Jones
& Sons Inc., And Approving Appointment Of Special Counsel.
Resolution 04263 approving appointment of special counsel.
Regular Meeting
October 5, 2004
Resolution 04264 approving appointment of special counsel and necessary experts.
Resolutions 04262, 04263 & 04264 passed by the following votes: (6) Ayes:
Commissioner Kramer, Commissioner Protopappas and President Scates. (1)
Excused: Vice-President Kiang
Then Port Secretary reported the following actions previously taken in Closed Sessions.
Resolution 04261, Approving And Authorizing The Executive Director To Execute A
Settlement Agreement With Johnny Miller Design, Ltd
Passed September 7th by the following vote: (7) Ayes: Commissioner AyersJohnson, Vice-President Batarse, Commissioner Katzoff, Vice-President Kiang,
Commissioner Kramer, Commissioner Protopappas and President Scates.
Resolution 04130, Resolution Approving And Authorizing Execution Of A Confidentiality
And Non-Disclosure Agreement With Kaiser Ventures LLC, Ksc Recovery, Inc. And
Wendel Rosen Black & Dean LLP.
Passed May 18th by the following vote: (7) Ayes: Commissioner Ayers-Johnson,
Vice-President Batarse, Commissioner Katzoff, Vice-President Kiang,
Resolution 04209, Approving And Authorizing The Port Attorney To Make A Section
998 Offer To O.C. Jones & Sons, Inc. In Exchange For General Waiver And Release;
Approving And Authorizing The Executive Director To Execute Any Resulting Settlement
Agreement; And Authorizing And Approving Increased Expenditure Authority Of Special
Counsel And Any Necessary Experts.
Passed August 3rd by the following vote: (6) Ayes: Commissioner Ayers-Johnson,
Commissioner Kramer, and President Scates. (1) Excused: Commissioner
Protopappas
Regular Meeting
October 5, 2004
Resolution 04037, Approving And Authorizing Execution Of A Policy Endorsement With
Lexington Insurance For Builders Risk Insurance ; Approving And Authorizing
Execution Of An Excess Builder's Risk Policy; And Authorizing The Port Attorney To
Execute A Tolling Agreement And Initiate Litigation As Necessary To Protect The Port's
Interests.
Passed March 2 nd by the following vote: (7) Ayes: Commissioner Ayers-Johnson,
ADJOURNMENT
There being no additional business the Board adjourned at 6:04.
Betterton, Secretary
ard of Port Commissioners
PATRICIA A. SCATES
President
FRANK KIANG
Commissioner
KENNETH KATZOFF
Commissioner
PORT OF OAKLAND
Telephone: (510) 6271100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
E-Mail: board(@portoakland.com
DAVID KRAMER
Commissioner
JOHN PROTOPAPPAS
Commissioner
MINUTES
Tuesday, November 2, 2004 - 3:00 p.m.
ROLL CALL
Second Vice-President Batarse, Commissioner Katzoff, First Vice-President Kiang,
rn mmissi n n a r Kr n m=r, rn mmissi n n a r Prntn►n pp ne , and Pra sid a nt Qrntcle.
Commissioner Ayers-Johnson was excused.
CLOSED SESSION (3:16 RM.)
1.
subdivision (a) of Section 54956.9. Name of case:
Berkeley Keep Jets Over the Bay, et al. v. Port of Oakland, et al., California
Court of Appeals Case Nos. A086708/A087959/A089660
2.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.
(3 Matters)
3.
54956.8.
Negotiating Parties: Port of Oakland, Oakland Base Reuse Authority, Oakland
Agency Negotiator: Executive Director, Jerry A. Bridges
November 2, 2004
Item 4 was pulled on the recommendation of staff and was not considered.
4.
PULLED:
MI
IP
OPEN SESSION
The Port Attorney reported that during Closed Session the Board had taken no •final
actions.
PRESIDENT'S REPORT
President Scates welcomed visitors from our Sister Port, the Ghana Ports & Harbours
Authority. Each of the visitors was introduced and gifts where exchanged on behalf of the
Ports.
Executive Director, Jerry Bridges, reported on the Port's quarterly "Good Neighbor's
Breakfast" which focused on security.
Additionally, he reported that Andrew House, Senior policy Advisor to Congressman
Devin Nunes had visited the Port for a briefing and tour of the maritime facilities.
Congressman Nunes sits on the Resources and Agriculture Committees.
The Executive Director also reported on the visit of Jessica Furey, Assistant Administrator
oft the Environmental Protection Agency, Office of Policy, Economics and Innovation.
She is reviewing for Mike Leavitt, EPA Administrator, commercial port operations and
their relationships with the environmental community and local residents. She requested
to visit with the Port of Oakland first because of our progressive environmental programs.
AIRPORT
October 25 th Aviation Committee Report
Commissioner Katzoff gave an account of the October 25th Aviation Committee meeting.
He reported that the Committee had recommended for consideration by the full Board
Items A-2 through A-10.
November 2, 2004
A motion to approve Items A-2 through A-10 was made by Commissioner Katzoff
and seconded by Vice-President Kiang.
Item A-1 was pulled on the recommendation of staff and will be brought forward at the
next Board Meeting (November 16th)
A ro
"".;:ei
A-1 PULLED:
Corporation For 157,658 Square Fcct For Rcntal Car Scrvice And Quick Turn Facility
VII II •
..
..
e
9,671.44 (8000 Earhart Road, North Airport.) (Ordinancc)
A-2 Resolution 04301, Authorization To Declare As Surplus Certain Baggage Conveyor
Equipment And To Allow Southwest Airlines Co. To Dispose Of That Equipment At No
Cost To The Port (Terminal 2 – South Airport.)
A-3 Approval Of Lease Amendment For Extension Of Lease With The United States Postal
Service With A Monthly Rental Of $12,491.33 For Space #3 (7201 Earhart Road, North
Airport). (Ordinance)
A-4 Approval Of Lease Amendment For Extension Of Lease With The United States Postal
Service With A Monthly Rental Of $11,401 For Space #2 (7201 Earhart Road, North
Airport) (Ordinance)
A-5 Resolution 04302, Authorization To Allow Staff To Surplus Four Compressed Natural
Gas Shuttle Buses And Sell Them To The Airport's Permitted Ground Transportation
Providers For Up To $200,000.
A-6 Resolution 04303, Approval Of A Three Year Contract With The United Stated
Department Of Agriculture – Wildlife Services (USDA-WS) For Wildlife Management
Services In The Amount Of $363,637.
A-7 Resolution 04304, Authorization To Execute A Supplemental Agreement With Finger
Design Associates To Provide Additional Master Plan Graphics Consulting Services For
An Additional Amount Not To Exceed $70,000 In Support Of Staff Preparation Of A
Master Plan For Oakland International Airport.
A-8 Resolution 04305, Authorization To Dispense With Standard Bidding Procedures And
Authorize A Public Works Contract With Intrepid Electronics For The Testing And
Maintenance Of The Fire Life Safety System, Oakland International Airport.
A-9 Resolution 04306, Approval Of First Supplement To Consultant Services Agreement For
Auditing Services Related To Rental Car Customer Facility Charge (CFC) Expenditures In
The Amount Of $154,000.
November 2, 2004
A-10 Resolution 04307, Ratification Of Addendum And Award Of Contract For Construction Of
Security System On Taxiway B Overpass, North Field, Oakland International Airport, ALP
3-06-0170-32, In The Amount Of $274,000.
Ayes: Vice-President Batarse, Commissioner Katzoff, Vice-President Kiang,
(1) Excused: Commissioner Ayers-Johnson
MARITIME
October 18 th Maritime Committee Report
Commissioner Kramer gave an account of the October 18th Maritime Committee
Board Items M-1, M-2 and M-3.
A motion to approve Items M-1, M-2 and M-3 was made by Commissioner Kramer
and seconded by Commissioner Katzoff.
M-1 Resolution 04308, Authorization For Early Procurement Of Sheet Piles, Fenders And
Bollards For The Construction Of Berth 23 And Berth 30 Wharf And Embankment
Strengthening Program (WESP), Outer Harbor, In The Estimated Amount Of $3,000,000.
M-2 Resolutions 04309, 04310, 04311, Authorization To Negotiate, Prepare And Execute
Agreements With Consultant Design Teams For As-Needed Marine Terminal Wharf
Design.
M-3 Resolution 04312, Approval Of Addendum To The Initial Study/Negative Declaration For
The Berths 32 And 33 Wharves Rehabilitation Project And Authorization To Accept
Amended Regulatory Permits.
The motion to approve Items M-1, M-2 and M-3 passed by the following votes: (6)
OPERATIONS
October 26th Administrative Committee Report
Vice-President Batarse gave an account of the October 26th Administration Committee
Board Items 0-1 through 0-6.
November 2, 2004
A motion to approve Items 0-1 through 0-6 was made by Vice-President Batarse
and seconded by Commissioner Protopappas.
0-1 Resolution 04313, Authorization To Dispense With Standard Bidding Procedures For
Furnishing Labor, Materials And Equipment For Electrical Work And Associated Services
For Port Of Oakland Facilities For The Period Commencing January 1, 2005 And Ending
December 31, 2005, 2006 Or 2007, In The Amount Of $1,350,000 As A Three Year
Maximum.
0-2 Resolution 04314, Approval Of Agreement For Government Affairs Consulting Services
With Matthew Davis For $30,000.
A member of the public, Sanjiv Handa, addressed the Board on Item 0-3.
0-3 Resolution 04315, Approval To Enter Into An Agreement With Fairbank, Maslin, Maulin &
Associates For Customer Outreach Program Consultation In The Amount Of $50,000.
0-4 Resolution 04316, Approval Of Port Of Oakland Disadvantaged Business Enterprise FY
04-05 Federal Aviation Administration Overall Annual Goal Report.
0-5 Allocation Of One Position Of Government Affairs Specialist In The Port Communications
Division. (Ordinance)
0-6 Resolution 04317, Approval Of A Supplemental Contract With Worldwide Quality
Assurance, Ltd. For Continuous Assessment Of Certified Port Divisions To Maintain ISO
9000 Certification.
Item 0-7 was pulled on the recommendation of staff and was not considered.
0-7 PULLED: Public Employce Disciplinc/Dismissal/Rcl risc.
The motion to approve Items 0-1 through 0-6 passed by the following votes: (6)
Saundra Andrews from the office of Congresswoman Barbara Lee joined the meeting to
welcome the delegation from Ghana on behalf of the Congresswoman.
On a motion by Commissioner Kramer, seconded by Vice-President Batarse, the
Board unanimously approved the Minutes of the Regular Meeting of October 19,
2004.
November 2, 2004
SUMMARY ITEMS
A motion to approve Items S-1, S-2, and S-3 was made by Commissioner
Protopappas and seconded by Commissioner Kramer.
S-1
Resolution 04318, Business Jet Center-Oakland L.P. All Sign Services. 9625 Earhart
Road (next to Bldg. L118): Installation of a four-sided pole sign at the tenant's new
aircraft fueling facility at North Airport. The proposed sign will have a total height of about
30 feet, have four panels of about 10 feet high x 10 feet wide and indicate the brand of
aviation fuel offered for sale. The sign will have neon back lighting and complies with the
Port's Dark Skies Policy. Approval of this permit constitutes approval of a variance from
height and size requirements of the "North Airport Standards and Restrictions." This
project has been determined to be exempt from the requirements of the California
Environmental Quality Act pursuant to Class 11, Section 15311. Valuation of work:
$20,000.
S-2 Resolution 04319, Time Warner Telecom of California, L.)P.: Area of 1 Sally Ride Way
(servicing Fed Ex): Time Warner Telecom proposes to install approximately 10,000
square feet of fiber optic cable through an existing Port-owned underground conduit to
provide service to Fed Ex. The conduit runs from Airport Drive near Doolittle to the Fed
Ex site. This project has been determined to be exempt from the requirements of the
California Environmental Quality Act pursuant to Class 1, Section 15301. Valuation of
work: $15,000.
S-3 Port Ordinance No. 3825, Being "An Ordinance Approving A Revised Vehicular Access
Plan, Establishing Related Parking Enforcement Procedures, Fines And Penalties For
The Jack London Square Area, Dedicating Specified Public Access Areas, And
Authorizing Recordation Of Legal Instruments That Identify Dedicated Public Access
Located In Jack London Square."
The motion to approve Items S-1, S-2, and S-3 passed by the following votes: (6)
November 2, 2004
OPEN FORUM
ADJOURNMENT
Jo n Betterton, Secretary
B ard of Port Commissioners
PATRICIA A. SCATES
President
FRANK KIANG
Commissioner
KENNETH KATZOFF
Commissioner
PORT OF OAKLAND
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
E-Mail: board(aportoakland.com
DAVID KRAMER
Commissioner
JOHN PROTOPAPPAS
Commissioner
MINUTES
Tuesday, October 19, 2004 - 3:00 p.m.
ROLL CALL
First Vice-President Kiang, Commissioner Kramer, and President Scates.
Commissioner Protopappas joined the meeting 3:34 p.m.
1.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Significant
exposure to litigation pursuant to subdivision (b) of California Government Code Section
54956.9: 3 matters.
2.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Initiation of
litigation pursuant to subdivision (b) of California Government Code Section 54956.9: 3
matters.
3.
54956.8.
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Regular Meeting
October 19, 2004
OPEN SESSION
The Port Attorney reported that during Closed Session the Board had taken no final
action.
PRESIDENT'S REPORT
President Scates reported that she, along with Mayor Brown, and other Oakland City
Officials had attended a press conference to announce that FedEx would install at its
Oakland Airport hub the largest corporate solar electric system in California.
President Scates also announced that she had accepted an award, on behalf of the Port,
from the Dr. J. Alfred Smith, Sr. Training Academy. The award acknowledged the Port
for its support especially for urgent needs such as transportation, tutoring & clothing.
Executive Director, Jerry Bridges, introduced Felicia Cousar the new Manager of
Marketing and Business Development for the Maritime Division.
Additionally the Executive Director reported on the following:
•
Jim Dyer, Chief of Staff to the House Appropriations Committee and Chris
Altendorf of the Army Corps of Engineers paid in impromptu visit to the Port for a
tour of Maritime facilities.
•
Oakland International Airport reached a new milestone having served 14 million
passengers during a 12 month period.
•
The Port's quarterly "Good Neighbor Breakfast" will be held on October 27th.
October 15th City/Port Liaison Committee Report
President Scates reported on the October 15 th meeting of the City/Port Liaison
Committee,
Regular Meeting
October 19, 2004
AIRPORT
A motion to approve Items A-1 and A-2 was made by Commissioner Katzoff and
A-1
Resolution 04294, Approval Of Plans And Project Manual For Reconstruction Of East
Apron – Phase 1, South Field, Oakland International Airport, AIP 3-06-0170-29 And AIP
3-06-01790-36.
A-2 Resolution 04295, Authorization To Transfer The Utility Corridor Portion Of Work From
The Garage/Customer Services Project To The Terminal 2 Project, Airport Terminal
Expansion Project, Including Authorizing Additional Expenditure Authority For The
Contract With Dillard Environmental Services.
The motion to approve Items A-1 and A-2 passed by the following votes: (7) Ayes:
President Scates.
A motion to approve Items C-I and C-2 was made by Commissioner Protopappas
and seconded by Commissioner Kramer.
C-1 Resolution 04296, Approval Of The Second Supplemental Agreement To The Ground
Lease With Gray & Reynolds Properties, Inc., To Extend The Pre-Term Period By Four
Months At A Rent Of $1,250 Per Month For The 1.1 Acre Site Located At 1211
Embarcadero Road.
A member of the public, Sanjiv Handa, spoke on Item C-2.
C-2 Approval Of A Revised Vehicular Access Plan, Establishing Related Parking
Enforcement Procedures, Fines And Penalties For The Jack London Square Area,
Dedicating Specified Public Access Areas, And Authorizing Recordation Of Legal
Instruments That Identify Dedicated Public Access Located In Jack London Square At A
Cost Not To Exceed $157,000. (Ordinance)
The motion to approve Items C-I and C-2 passed by the following votes: (7) Ayes:
President Scates.
Regular Meeting
October 19, 2004
MARITIME
A motion to approve Item M-1 was made by Commissioner Kramer and seconded
by Vice-President Batarse.
M-1 Resolution 04297, Approval Of Agreement Among The Port Of Oakland ("Port"), The
Oakland Base Reuse Authority ("OBRA"), The Oakland Redevelopment Agency ("ORA")
And The Oakland Army Base Workforce Development Collaborative ("Workforce
Collaborative") For The Relocation Of The Workforce Collaborative Groups Off Of The
Former Oakland Army Base ("OAB"), At A Maximum Cost To The Port Of $5.6 Million.
Item M-2 was pulled on the recommendation of staff at not considered by the Board.
M-2 Recommendation To Approve And Authorize Execution Of Non Exclusive Preferential
An Initial Annual Revenue Level Of $6.8 Million. (Ordinance)
The motion to approve Item M-1 passed by the following votes: (7) Ayes:
President Scates.
OPERATIONS
seconded by Commissioner Protopappas.
0-1 Resolution 04298, Approval Of Port Of Oakland Standard Contract Provisions For Public
Works Contracts.
President Scates.
September 29th Public Art Committee Report
Commissioner Ayers-Johnson reported on the meeting of the Public Art Committee.
A member of the public, Sanjiv Handa, spoke on the Public Art Committee Report.
Regular Meeting
October 19, 2004
On a motion by Commissioner Kramer, seconded by Commissioner Protopapaps,
the Board unanimously approved the Minutes of the Regular Meeting of October 5,
2004.
SUMMARY ITEMS
A motion to approve Items S-1 and S-3 through S-7 was made by Commissioner
Kramer and seconded by Commissioner Protopappas.
5-1
Resolution 04299, Corinthian Colleges, Inc.; Reinhardt Roofing, Inc., 7850 Earhart
Road, Building L825: Removal of an existing roof of about 38,000 square feet in size
and installation of a new composition shingle roof. Prior to removal, all asbestoscontaining material will be abated. This project has been determined to be exempt from
the requirements of the California Environmental Quality Act pursuant to Class 1, Section
15301(d). Valuation of work: $206,000.
S-3 Port Ordinance No. 3820, Being, "An Ordinance Approving And Authorizing Execution
Of A Lease With The United States Of America, Department Of Transportation, Federal
Aviation Administration, For Precision Approach Path Indicator Light System With No
Monthly Rental (Vicinity Of Runway 27-R, North Airport), For A Ten Year Term."
S-4 Port Ordinance No. 3821, Being, "An Ordinance Amending Port Ordinance No. 867
Amending Certain Position Titles."
S-5 Port Ordinance No. 3822, Being, "An Ordinance Amending Section 7.112 Of Port
Ordinance No. 867."
S-6 Port Ordinance No. 3823, Being, "An Ordinance Amending Sections 2.03 And 2.05 And
Adding Section 1.295 To Port Ordinance No. 867 Ratifying And Fixing The
Compensation Of Certain Employees Of The Port Department."
S-7 Port Ordinance No. 3824, Being, "An Ordinance Adding Section 1.195 To Port
Ordinance No. 867 To Establish A Compensation Plan For Certain Employees Of The
Port Department."
Regular Meeting
October 19, 2004
The motion to approve Summary Items S-1 and S-3 through 7 passed by the
following votes: (7) Ayes: Commissioner Ayers-Johnson, Vice-President Batarse,
Commissioner Katzoff, Vice-President Kiang, Commissioner Kramer,
A motion to approve Item S-2 was made by Commissioner Kramer and seconded
by Commissioner Katzoff.
Neither Vice-President Batarse nor Commissioner Protopappas participated in the
discussion or decision on Summary Item 2.
S-2
Resolution 04300, Foster Interstate Media, Inc.; Oakland International Airport, various
locations: Foster Interstate Media, Inc. ("Foster") has an agreement with the Port to
install and manage advertising signs at Oakland Airport. Foster has submitted a plan for
the installation of seven signs for building permit approval. Three signs will be located at
the Airport Drive intersections with Doolittle Drive, three will be placed along inbound
Airport Drive between the Ron Cowan Parkway turnoff and John Glen Drive, and one will
be located facing outbound Airport Drive on Neil Armstrong Way. The project includes
electrical work to supply power to the signs. This project has been determined to be
exempt from the requirements of the California Environmental Quality Act pursuant to
Class 3 and Class 11, Sections 15311 and 15303. Valuation of work: $2,000,000.
The motion to approve Summary Item S-2 passed by the following votes: (5) Ayes:
Commissioner Ayers-Johnson, Commissioner Katzoff, Vice-President Kiang,
Commissioner Kramer, and President Scates (2) Recused: Vice-President Batarse
and Commissioner Protopappas.
OPEN FORUM
ADJOURNMENT
PATRICIA A. SCATES
President
FRANK KIANG
PORT OF OAKLAND
Commissioner
KENNETH KATZOFF
Commissioner
JERRY BRIDGES
Executive Director
DAVID L. ALEXANDER
Port Attorney
Telephone: (510) 627-1100
Facsimile: (510) 763.3562
TDD: (510) 763.5730
JOHN T. BETTERTON
E-Mail: boardftortoakland.com
DAVID KRAMER
Commissioner
JOHN PROTOPAPPAS
Commissioner
MINUTES
Tuesday, December 7, 2004 - 3:00 p.m.
ROLL CALL
Commissioner Ayers-Johnson, Second Vice-President Batarse, First Vice-President
Kiann rnmmiccinnor Prntrinannac aryl Procirlant Rnatac
Commissioners Katzoff and Kramer were excused.
1.
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION. Pursuant to
City of Oakland v. Harding ESE, Inc. et al., U.S. District Court N.D.
Case No. CV-03-03534
City of Oakland v. Oscar Niemeth Towing, Inc.,
Alameda County Superior Court Civil Case No. RG04187699
City of Oakland v. Douglas C. Niemeth dba Bayside Dredging Company,
Alameda County Superior Court Civil Case No. WG04181829
City of Oakland v. Teresita Banguis-Punla,
December 7, 2004
City of Oakland v. Teresita Banguis-Punla,
Lucila Montoya v. Port of Oakland (See Second Closed Session Report)
Workers' Compensation Appeals Board
Case Nos: OAK 268863; OAK 284056
2.
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.
(4 matters)
3.
54956.8.
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Property: Various Parcels in Commercial Real Estate Area
Negotiating Parties: Port of Oakland and Various Tenants
AnAnnv NAnntiator Omar R RAniamin DirRotor of Commercial Real Estate
4.
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE. Government Code Section
54957. (1 matter)
OPEN SESSION
President Scates convened the Board in Open Session at 4:10 pm.
FIRST CLOSED SESSION REPORT
The Port Attorney reported that the Board had taken no action in Closed Session, but that
a Second Closed Session would be necessary after Open Forum.
AIRPORT
November 22nd Aviation Committee Report
Commissioner Kiang gave an account of the November 22nd Aviation Committee
Board Items A-1, A-2 & A-3.
December 7, 2004
A motion to approve Items A-1 through A-3 was made by Vice-President Kiang and
A-1
Resolution 04331, Approval Of License And Concession Agreement With Silver State
Helicopters, LLC With A Monthly Rental Of $11,595.42 (7843 Earhart Rd., North Airport).
A-2 Resolution 04332, Authorization To Dispense With Standard Bidding Procedures Or
Furnishing Labor And Equipment For On-Call Material Crushing Services For The Period
Commencing February 1, 2005 And Ending December 31, 2005, 2006, 2007, 2008 Or
2009, In The Amount Of $1 Million Over The 5-Year Period.
A-3 Resolution 04333, Approval Of Sixth Supplemental Agreement With ASC For
Construction Services For The Airport Roadway Project Contract A, Oakland International
Airport, In The Estimated Amount Of $210,000.
Ayes: Commissioner Ayers-Johnson, Vice-President Batarse, Vice-President
Kiang, Commissioner Protopappas and President Scates. (2) Excused:
Commissioner Katzoff and Commissioner Kramer.
motion to approve Item C-1 was made by Commissioner Protopappas and
seconded by Vice-President Kiang.
A
C-1
Resolution 04334, Approval Of Fiscal Year 04-05 Annual Rental Rates For License And
Concession Agreements.
Commissioner Ayers-Johnson, Vice-President Batarse, Vice-President Kiang,
Commissioner Protopappas and President Scates. (2) Excused: Commissioner
Katzoff and Commissioner Kramer.
MARITIME
November 29th Maritime Committee Report
Vice-President Batarse gave an account of the November 29th Maritime Committee
Board Items M-1 through M-6.
A motion to approve Items M-1 through M-6 was made by Vice-President Batarse
and seconded by Commissioner Protopappas.
December 7, 2004
M-1 Resolution 04335, Approval To Grant The East Bay Regional Park District A Right-OfEntry And Indemnity Agreement For Access To The Port Of Oakland-Owned Radio
Beach Area Control, Map, And Monitor An Invasive Species, Spartina Alterniflora.
M-2 Resolution 04336, Approval And Authorization To Extend A Professional Services
Contract With 2Plus2 Partners, Inc. For The Development And Hosting Of An Online
Permit Program For Hazardous Cargo Transportation For 24 Months.
Annual Dredging And Berth Deepening Of Port Of Oakland Berths For The Period
Commencing July 1, 2005 And Ending June 30, 2006, 2007 Or 2008, In The Amount Of
$1,700,000 For The First Year, And $700,000 For Each Additional Year.
M-4 Resolution 04338, Approval To Increase The Executive Director's Wholesale Electric
Power Purchase Authority By $3,180,000, And To Sell Power To The Dredging
Contractor For The Oakland Harbor Navigation Improvement (50-Foot) Deepening
Project, Inner And Outer Harbor Dredging, Phase 3B (Outer Harbor) And 3C (Inner
Harbor).
M-5 Resolution 04339, Approval Of Professional Services Agreement With Cash &
Associates For The Planning And Design Of Berths 32-34 Yard Improvements, Outer
Harbor.
M-6 Resolution 04340, Approval Of Second Supplemental Agreement With Liftech
Consultants, Inc., For Design Of Berths 32/33 Wharf Rehabilitation, Outer Harbor, In The
Amount Of $356,000.
Ayes: Commissioner Ayers-Johnson, Vice-President Batarse, Vice-President
Kiang, Commissioner Protopappas and President Scates. (2) Excused:
Commissioner Katzoff and Commissioner Kramer.
OPERATIONS
November 23 rd Administrative Committee Report
Commissioner Ayers-Johnson gave an account of the November 23rd Administration
Committee meeting. She reported that the Committee had recommended for
consideration by the full Board Item 0-2.
seconded by Vice-President Batarse.
A member of the public, Sanjiv Handa, addressed the Board on the Administrative
Committee Report.
-4-
December 7, 2004
Item 0-1 was pulled on the recommendation of staff.
0-1 PULLED:
Unit H. (Ordinance)
0-2 Resolution 04341, Authorization To Enter Into An Agreement With Pitney Bowes For
Mailing System Lease And Annual Maintenance For The Period Commencing December
1, 2004 And Ending November 31, 2009, For A Cost Not To Exceed $107,360.
Action on Item 0-3 was deferred pending a review in the Second Closed Session.
0-3 Public Employee Discipline/Dismissal/Release. (See below for final action)
Commissioner Katzoff joined the meeting at 4:35 pm.
November 24th Audit, Budget & Finance Committee Report
Vice-President Kiang gave an account of the November 24th Audit, Budget & Finance
Committee meeting. He reported that the Committee had recommended for consideration
by the full Board Items 0-4 through 0-7.
A motion to approve Items 0-4 through 0-7 was made by Vice-President Kiang and
A member of the public, Sanjiv Handa, addressed the Board on the Audit, Budget &
Finance Committee Report.
0-4 Resolution 04343, Authority to revise insurance requirements for employee car
allowances.
0-5 Resolution 04344, Authorization To Enter Into An Agreement With Pitney Bowes For
Mailing System Lease And Annual Maintenance For The Period Commencing December
1, 2004 And Ending November 31, 2009, For A Cost Not To Exceed $107,360.
0-6 Resolution 04345, Authorization to purchase motor vehicles and declare replacement
vehicles as surplus.
0-7 Resolution 04346, Approval Of Write-Off Of Uncollectible Accounts.
December 7, 2004
The motion to approve Items 0-4 through 0-7 passed by the following votes: (6)
Katzoff, Vice-President Kiang, Commissioner Protopappas and President Scates.
(1) Excused: Commissioner Kramer.
On a motion by Commissioner Ayers-Johnson, seconded by Commissioner
Protopappas, the Board unanimously approved the Minutes of the Regular Meeting
of November 16, 2004.
SUMMARY ITEMS
A motion to approve Items S-1 through S-4 was made by Commissioner
Protopappas and seconded by Commissioner Kramer.
S-1
Resolution 04347, Your Black Muslim Bakery: #1 Airport Drive, Terminal 2: Interior
tenant improvements to create a new concession area in Terminal 2, adjacent to the
existing bar/restaurant space near the top of the escalators. The work involves
installation of counters, cabinetry, food service equipment, and finishes. The work will
include related electrical and mechanical work. This project has been determined to be
exempt from the requirements of the California Environmental Quality Act pursuant to
Class 1, Section 15301(a). Valuation of work: $40,000.
S-2
Resolution 04348, Alaska Airlines, Inc.; The KPA Group (Architects); #1 Airport Drive,
Terminal 1, (M101 & M103): Remodeling of the Airline Ticket Office (M101) and the
Operation Office (M103) including cabinet work and reconfiguration of the work spaces.
Project includes related finish electrical and data cabling work. This project has been
determined to be exempt from the requirements of the California Environmental Quality
Act pursuant to Class 1, Section 15301. Valuation of work: $35,000.
S-3 Resolution 04349, Kinder Morgan Energy Partners, L.P.; Dike Road, adjacent to Runway
11-29, OAK: Installation of a replacement corrosion protection system for the Multi Fuels
Pipeline that runs under San Francisco Bay from OAK to SFO. The system will consist of
about 175 feet of anodes placed in a 4.5 foot trench beneath the Dike Road. The existing
anodes have been depleted and require immediate replacement. This project has been
determined to be exempt from the requirements of the California Environmental Quality
Act pursuant to CEQA Guidelines Class 3, Section 15303; Class 11, Section 15311, and
Section 15269. Valuation of work: $31,000.
S-4 Port Ordinance No. 3829, Being "An Ordinance Approving And Authorizing Execution Of
A Ground Lease With The Hertz Corporation."
December 7, 2004
The motion to approve Summary Items S-1 through S-4 passed by the following
Commissioner Katzoff, Vice-President Kiang, Commissioner Protopappas and
President Scates. (1) Excused: Commissioner Kramer.
OPEN FORUM
President Scates reconvened the Board in Closed Session at 4:48 pm to consider Item 4
from the Closed Session Agenda.
4.
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAURELEASE. Government Code Section
54957. (1 matter)
Al Loera addressed the Board on behalf of employee Number 387225
The Board Secretary reported that the Board had taken final action in the first Closed
Session on Item 1.
1.
subdivision (a) of Section 54956.9. Name of case:
Lucila Montoya v. Port of Oakland
Workers' Compensation Appeals Board
Case Nos: OAK 268863; OAK 284056
Resolution 04330 Compromising And Settling Claims And Authorizing Execution Of
Stipulated Settlement.
The motion to approve Resolution 04330 passed by the following votes: (5) Ayes:
SECOND OPEN SESSION
President Scates reconvened the Board in Open Session at 5:04 pm.
December 7, 2004
seconded by Commissioner Protopappas.
0-3 Resolution 04332, Public Employee Discipline/Dismissal/Release.
THIRD CLOSED SESSION
President Scates reconvened the Board into Closed Session at 5:17 pm.
THIRD CLOSED SESSION REPORT
The Board Secretary Reported that no final action had been taken in the Third Closed
Session
ADJOURNMENT

PORT OF OAKLAND

Transcription

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