approved minutes - Port of Oakland

Transcription

BOARD OF PORT COMMISSIONERS
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
Oakland, California 94607
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
First Vice President
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
Secretary of the Board
PATRICIA A. SCATES
Second Vice President
DARLENE AYERS-JOHNSON
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Regular Meeting of the Board of Port Commissioners
Tuesday, January 21, 2003 - 3:00 PM
ROLL CALL
The Secretary called the roll and the following Commissioners where in attendance:
Commissioner Avers -Johnson. Commissioner Kramer Vice-President Scates
Commissioner Tagami, Commissioner Uribe, and Acting-President Protopappas
President Kiang was excused.
Acting President Protopappas called the Board into session at 3:05 p.m.
CLOSED SESSION
Port Attorney David Alexander suggested that the Board enter into Closed Session to discuss
the items disclosed in the Executive Committee. They where:
1. Conference With Legal Counsel – Anticipated Litigation. Significant exposure to litigation
pursuant to subdivision (b) of Section 54956.9: (5 matters)
2. Conference With Legal Counsel – Existing Litigation. Pursuant to Subdivision (a) of Section
54956.9:
Berkeley Jets Over the Bay, et al. v. Port of Oakland, et al., California Court of Appeal Case
Nos. A086708/A087959/A089660
Arbitration: Grievance – Building and Construction Trade Council v. McGuire & Hester, et al.,
Construction of Asphalt Concrete Overlay of Runway 9L-27R, North Field, Oakland
International Airport, Oakland, California.
3. Conference With Legal Counsel – Anticipated Litigation. Initiation of Litigation pursuant to
subdivision (a) of Section 54956.9: 2 matters.
OPEN SESSION
Acting President Protopappas called the Board into Open Session at 4:14 p.m.
Port Attorney David Alexander reported that no final action was taken, and that the Board had
not reviewed all closed session items and would need a second closed session after the Open
Forum.
APPROVAL OF MINUTES
A motion to approve the following minutes was made by Commissioner Tagami
and seconded by Commissioner Ayers-Johnson:
Regular Meeting of November 5, 2002; Regular Meeting of November 19, 2002; Regular
Meeting of December 3, 2002
The motion carried by the following votes: (6) Ayes: Commissioner AyersJohnson, Commissioner Kramer, Vice-President Scates, Commissioner Tagami,
Commissioner Uribe and Acting-President Protopappas; (1) Absent: President
Kiang
PRESIDENT'S REPORT
Acting-President Protopappas reported:
■ The Association of States Lands Commissions toured the Port.
■ The Port will host a meeting to present information on the Prime Builder Program for the
Terminal Expansion. The meeting will provide an opportunity for Prime Builder
candidates to network with the local business community. The meeting will take place
on January 29 th at the Oakland Airport Hilton (1 Hegenberger Road)
■ Vice-President Scates reported on the recent conference of the American Association
of Airline Executives held in Kona Hawaii. Vice-President Scates and President Kiang
both attended the conference, which dealt primarily with the state of the Airline Industry,
security, and future challenges.
EXECUTIVE DIRECTOR'S REPORT
Executive Director Yoshitani called on Anne Henny of the Aviation Division to report on the
Port's Sustainability Program.
Mr. Yoshitani reported that a PBS camera crew had visited the Port to film footage for a series
on Homeland Security. The program featuring the Port and Maritime Security will air in April.
Aviation Director Steve Grossman announced that Aloha Airlines would increase nonstop
service from Oakland to Kona Hawaii from four to seven days a week. Additionally, they will
begin nonstop service to Kauai four days per week. Sun Trips has announced that it will add
additional international destinations this summer. Director Yoshitani announced that Oakland
International Airport is the fastest growing International Airport in the Country.
Director Yoshitani congratulated the Finance and Maritime Divisions for receiving the coveted
International Organization of Standards (ISO 9000) certification. The efforts to receive the
certifications where headed by Fred Rickert of the Finance Division and Jerry Bridges of
Maritime Division.
AIRPORT
Commissioner Tagami reported that the January 13 th meeting of the Aviation Committee had
recommended for approval, by the full Board, Airport Items 11-19.
A motion to approve the following items was made by Commissioner Tagami and
seconded by Commissioner Ayers-Johnson.
11. Approval to Submit an Application to Amend PFC Application Ten to Change the
Collection Level from $3.00 to $4.50. (Resolution No. 03001)
12. Approval to Collect and Spend Passenger Facility Charges Passenger Facility Charges
(PFC's) Related to the Eleventh PFC Application at Oakland International Airport. (Ordinance
to print)
13. Approval to Submit PFC Application Number 12 to Impose and Use Passenger Facility
Charges at Oakland International Airport. (Resolution No. 03002)
14. Approval of License and Concession Agreement with John J. Vega dba A2Z Aircraft
Services. (Resolution No. 03003)
15. Authorization to Assign Professional Services Agreement with Roberts, Roach &
Associates to Unisys for Specialized Air Service Consulting Services. (Resolution No. 03004)
16. Approval of Agreement to Extend Right-of-Entry and Indemnity Agreement, Approval of
Right-of-entry Agreement with The Boeing Company, and Authorization for Director of Aviation
to Execute Both Documents. (Resolution No.03005)
17. Approval of Multi-Year License and Concession Agreement with the Regional
Occupational Program of the Alameda Unified School District (AUSD/ROP) for the Operation
of a Food and Beverage Business at Oakland International Airport. (Ordinance to print)
18. Approval of Agreement to Extend Right-of-Entry and Indemnity Agreement with Oakland
Museum of California. (Resolution no. 03006)
19. Authorization to Accept Noise and Navigation Easement from the Chinese Christian
School. (Resolution No. 03007)
Kiang
COMMERCIAL REAL ESTATE
Acting-President Protopappas reported that the January 15th meeting of the Commercial Real
Estate Committee had recommended for approval by the full Board Commercial Real Estate
Item 22.
A motion to approve the following items was made by Vice-President Scates and
seconded by Commissioner Kramer:
22. Approval of License and Concession Agreement with B & R General Roofing, Inc.
(Resolution No. 03008)
Kiang
MARITIME
Commissioner Kramer reported that the previous meeting of the Maritime Committee had
recommended for approval, by the full Board, Maritime Items 31, 32, 34, 35 & 36
Staff requested that item 33 be pulled and brought back at the next meeting.
33
Shoot Piles for the Construction of Berths 32/33 Wharf Rehabilitation P
{-Resolution)
A motion to approve the following items was made by Commissioner Kramer and
seconded by Commissioner Uribe:
31. Authorization to Enter into an Agreement with JWD Group to Evaluate Truck Queuing
Times at Major Marine Terminals within the Port. (Resolution No. 03009)
32 Approval of Plans and Project Manual and Approval of Initial Study/Negative Declaration
of Construe ioon of Berths 32/33, Wharf Rehabilitation, Outer Harbor. (Resolution No. 02420
03010
Njotr
34. Approval of Plans and Project Manual to Construct Railroad Spur and Site Work at Joint
Intermodal Terminal for Transload Warehouse D-516, Vision 2000. (Resolution No. 03011)
35. Approval of Change Order for Sorting and Processing Port-Furnished Stockpiled Soil
Material and Approval of Increased Executive Director Change Order Authority to Contract for
Demolition of Buildings C-401, C-406, and C-407, Vision 2000. (Resolution No. 03012)
36. Adoption of the Mitigated Negative Declaration/Initial Study and Mitigation Monitoring and
Reporting Program for the Reconstruction of the Berths 22 Wharf and Reconfiguration of
Adjacent Yards, and Approval of the Reconstruction and Reconfiguration. (Resolution No.
03013)
Kiang
OPERATIONS
Commissioner Ayers-Johnson reported that the January meeting of the Administrative
Committee had recommended for approval, by the full Board, Operations Items 41 - 43.
seconded by Commissioner Uribe:
41. Approval and Authorization to Enter into an Agreement with Oakland Museum of
California for Management of Public Art at Oakland International Airport. (Resolution No.
03014)
Sanjiv Handa spoke on this item
Commissioner Tagami offered an amendment accepted by the makers of the Motion that all
vendors comply with the Port's policy specifically the Brown Act and Sunshine Ordinance.
42. Approval and Authorization to Enter into an Agreement with Geoff Dorn for Public Art
Consultant Services. (Resolution No. 03015)
43. Approval to Extend Port of Oakland Surety Bond & Financing Program. (Resolution No.
03016)
James Ingram spoke on this item
Kiang
A motion to approve item 44 was made by Commissioner Ayers-Johnson and
seconded by Vice-President Scates:
44. Authorization to Terminate the Month-to-Month Lease with ARTSHIP Foundation.
The following individuals spoke in opposition to this item:
Frank Giunta
Robin Coomer
Steve Lowe
Stephen Stout
Willie Keys
John Chung
Margaret Bertrand
Carol Pitts
Thearthur Wright
Tobey Kaplan
Adam Hatch
Rob March Harper
Kiang
BUILDING PERMIT APPLICATIONS: ("s")
A motion to approve the following Summary Items was made by Commissioner
Uribe and seconded by Commissioner Kramer
Building Permit - Continental Airlines, replacement of an existing two-unit self-ticketing
counter in Terminal 1, 01A, with a four-unit self-ticketing counter. Project to include related
electrical work and will comply with ADA standards. This project has been determined to be
exempt from the requirements of the California Environmental Quality Act pursuant to Class 1,
Section 15301(a) and Class 2, Section 15302(c). (Resolution No. 03018)
Final Reading of Port Ordinance No. 3730 Being, "An Ordinance Amending Sections 2 Of
Port Ordinance No. 1606 To Provide For Purchase Card Procurement."
Final Reading Port Ordinance No. 3731 Being, "An Ordinance Amending Port Ordinance No.
867, Adding New Sections 13.4 And 13.7."
Kiang
OPEN FORUM
Sanjiv Handa and James Ingram spoke in Open Forum.
CLOSED SESSION
The Board re-entered closed session at 5:40 p.m.
ADJOURNMENT
At the hour of 7:05 p.m., there being no further business the Board Adjourned by
consensus.
John T. Betterton
OF THE
PORT OF OAKLAND
COMMISSIONERS
TAY YOSHITANI
Executive Director
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, February 4 th , 2003 - 3:00 PM
ROLL CALL
The Secretary called the roll at 3:10 p.m. and the following Commissioners were in attendance:
Commissioner Ayers-Johnson, Vice-President Scates, Commissioner Uribe, and ActingPresident Protopappas
President Kiang and Commissioner Kramer were excused.
Acting President Protopappas called the Board into session at 3:12 p.m.
Commissioner Tagami joined the meeting at 3:15 p.m.
CLOSED SESSION
Port Attorney David Alexander suggested that the Board enter into Closed Session to discuss
the items disclosed in the Executive Committee. They were:
1. Conference With Legal Counsel – Existing Litigation. Pursuant To Subdivision (A)
Of Section 54956.9.:
City of Oakland v. United Public Employees Local 790 AFL-CIO, Alameda County
Superior Court
City of Oakland, et al., v. Syufy Enterprises, L.P. Oakland Municipal Court Action No.
036830
Carolyn Frazier v. Port of Oakland, et al. Court of Appeal Case No. A095843
2. Conference With Legal Counsel - Anticipated Litigation. Significant Exposure To
Litigation Pursuant To Subdivision (B) Of Section 54956.9: 3 Matters
3. Conference With Legal Counsel – Anticipated Litigation. Initiation Of Litigation
Pursuant To Subdivision (C) Of Section 54956.9: 1 Matter.
OPEN SESSION
Acting President Protopappas called the Board into Open Session at 4:10 p.m.
Commissioner Ayers-Johnson requested that the meeting be adjourned in memory of the
Columbia Astronauts.
Port Attorney David Alexander reported that the Board had approved by consensus a
Settlement and Release with Praxair Corporation (Resolution 03041)
He also stated that the Board had not completed review of all closed session items and would
need a second closed session after the Open Forum.
Executive Director Tay Yoshitani reported the following:
The Port staff along with Commissioners Tagami and Ayers-Johnson hosted a meeting for
more than 400 engineers, builders and truckers. The meeting was designed to give potential
participants in the Terminal Expansion Project the opportunity to meet with the Prime Builder
Candidates. The meeting was taped by KTOP and will be broadcast February 10th.
The Port has established an employee purchase plan for alternative fuel vehicles. Port
employee, Renee Dowlin, negotiated an agreement with a local Honda dealership to give a
$3000.00 discount to Port Employees for purchase of new Honda Civic Gas/Electric Hybrid
Vehicles. The Port will also allow employees to use their personal development accounts
towards purchase of these vehicles.
On a recommendation from the Director, Port staff will implement a photography contest open
to Port employees and judged by the Board. All photographs will feature the Port or its
employees and will be used in a calendar to be distributed to all Port clients.
President Bush published his Budget request, which contained 7 million dollars for the Port.
The amount while substantial was less than requested. The Port looks forward to working with
the Bay Area Congressional delegation to increase the amount during the upcoming Budget
discussions.
AUDIT, BUDGET & FINANACE COMMITTEE REPORT
Vice-President Scates reported on the January 23 rd and February 4th meetings of the Audit,
Budget & Finance Committee.
AIRPORT
recommended for approval, by the full Board, Airport Items 11-16.
Staff requested that item 15 be pulled and brought back at the next meeting.
15. Authorization to Dispense with Standard Bidding Procedures to Solicit Design Build
11. Approval to New License and Concession Agreement with JetBlue Airways
Corporation (1 Alan Shepard Way, South Airport). (Resolution 03022)
12. Ratification of Submittal of Application to Federal Aviation Administration (FAA).
(Resolution 03023)
13. Award of Contract for Furnishing Service and Maintenance for Passenger Loading
Bridges for the Period Commencing January 1, 2003, and Ending December 31, 2003,
South Field, OIA. (Resolution 03024)
14. Award of Contract for Removal of Rubber Deposits from Runways for the Period
Commencina Januar y 1. 2003 and Endina Februar y 28. 2004. 2005 or 2006. OIA.
(Resolution 03025)
16. Ratification of Authorization to Dispense with Standard Bidding Procedures for
Repair of Taxiway U, OIA. (Resolution 03026)
The motion carried by the following votes: (5) Ayes: Commissioner AyersJohnson, Vice-President Scates, Commissioner Tagami, Commissioner Uribe and
Acting-President Protopappas; (2) Absent: Commissioner Kramer and President
Kiang
MARITIME
Commissioner Uribe reported that the January 30 th meeting of the Maritime Committee had
recommended for approval, by the full Board, Maritime Items 31-33.
A motion to approve the following items was made by Commissioner Uirbe and
seconded by Vice-President Scates:
31. Authorization to Execute a First Supplemental Agreement between the Port of
Oakland and KGO-AM Radio Inc.; AMFM Ohio; and Oro Spanish Broadcasting, Inc., to
Reduce the Size of Their Leased Premises. (Resolution 03027)
32. Approval of a Professional Services Agreement with Terry Lim to Provide Graphic
Design Services for the Middle Harbor Shoreline Park Interpretive Program.
(Resolution 03028)
33. Ratification of Change of Bid Date and Addendum, and Award of Procurement
Contract for Sheet Piles for the Construction of Berths 32/33 Wharf Rehabilitation
Project, Outer Harbor. (Resolution 03029)
Kiang
OPERATIONS
Commissioner Ayers-Johnson reported that the January 28 th meeting of the Administrative
Staff requested that item 5'1 be pulled and brought back at the next meeting.
51. Authorization to Enter into Contracts with Two Additional Non SBE Bidders for Furnishing
December 31, 2003, 200'1 or 2005
A motion to approve the following items was made by Commissioner Ayers
Johnson and seconded by Commissioner Tagami:
4'1. Recommended Approval of Policy on Unsolicited Proposals. (Resolution 03030)
42. Approval to Enter into an Agreement with Alonza Robertson for Continued
Communications Consulting. (Resolution 03031)
43. Approval and Authorization to enter into an Agreement with 2Plus2 Partners for the
Development of an Online Permit Program for Hazardous Materials for the Maritime
Division. (Resolution 03032)
44. Approval of Government Affairs Consultant Services with Fatima Kassam.
(Resolution 03033)
45. Resolution in Support of Bay Bridge Toll Increase Funding. (Resolution 03034 &
03035)
Thomas Bertken spoke in favor of item 45.
Commissioner Tagami offered an amendment to the Resolution, which was accepted
by the Board, requesting that separate resolutions be adopted for the toll increase and
the funding.
46. Approval to Enter into an Agreement with KTVU Fox 2 to Participate in Strategic
Marketing Campaign. (Resolution 03036)
47. Request for Approval of Communications Consulting Services with DEF
Communications. (Resolution 03037)
48. Authorization to Include the Contract for Furnishing Labor, Materials and Equipment
for Emergency and General Roof Repairs for Port of Oakland Facilities for the Period
Commencing April 1, 2003, and Ending May 31, 2004, 2005 or 2006, in the Port's Small
Business Program. (Resolution 03038)
49. Approval of First Supplemental Agreement with Charles F. Jennings Architects for
On-Call Architectural and Engineering Services. (Resolution 03039)
50. Approval of Professional Services Agreement with Kamer Consulting Group to
Assist in Planning and Training of the Port's Emergency Response to Natural or Manmade Disasters. (Resolution 03040)
52. Creation of Salary Schedule in Representation Unit C; Creation of
Classifications/Positions; and Title Changes and Change in Representation Unit.
(Ordinance to print)
Kiang
SUMMARY ITEMS
A motion to approve the following Summary Items was made by Commissioner
Tagami and seconded by Commissioner Ayers-Johnson
Final Reading of Port Ordinance No. 3732 Being, "An Ordinance Establishing A
Passenger Facility Charge And Amending Section 28 To Port Ordinance No. 3634
Relating To Charges For Use Of Facilities At The Metropolitan Oakland International
Airport, And Making Certain Findings And Determinations In Connection Therewith."
Final Reading of Port Ordinance No. 3733 Being, "An Ordinance Approving And
Authorizing Execution Of A Multi-Year License And Concession Agreement With The
Regional Occupational Program Of The Alameda Unified School District And Directing
Recordation Thereof."
Kiang
APPROVAL OF MINUTES
A motion to approve the minutes of the Regular Meeting of November 5, 2002;
Regular Meeting of November 19, 2002; Regular Meeting of December 3, 2002 was
made by Commissioner Ayers-Johnson and seconded by Vice-President Scates:
The motion carried by consensus.
OPEN FORUM
Sanjiv Handa spoke in Open Forum.
CLOSED SESSION
The Board re-entered closed session at 5:40 p.m.
ADJOURNMENT
At the hour of 5:50 p.m., there being no further business the Board Adjourned in
memory of the Seven Astronauts lost aboard the Space Shuttle Columbia.
John T. Betterton
OF THE
PORT OF OAKLAND
COMMISSIONERS
TAY YOSHITANI
Executive Director
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
DAVID L. ALEXANDER
Port Attorney
JOHN PROTOPAPPAS
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, February 18 th , 2003 - 3:00 PM
ROLL CALL
President Kiang called the meeting to order at 3:12 p.m.
The following Commissioners were in attendance:
Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates,
Commissioner Uribe, and President Kiang
Vice—President Protopappas was excused.
Commissioner Tagami joined the meeting at 3:25 p.m.
CLOSED SESSION
Port Attorney David Alexander reported that no final decisions where made in closed session.
OPEN SESSION
President Kiang called the Board into Open Session at 4:35 p.m.
PRESIDENT'S REPORT
President Kiang reported that the House and Senate had passed an appropriations bill
authorizing 12 million dollars for the Port. This funding is critical for the next phase of the 50 ft
dredging project.
Page 1 of 5
Board Meeting Minutes
February 18, 2003
He is serving as the East Bay Chairman of the March of Dimes WalkAmerica Campaign.
Mayor Jerry Brown is serving as the honorary chair. The walk will be held on April 26 th and the
goal is to raise $200,000.
City Councilmember, Jean Quan, will tour the Port and its facilities on February 18 th . A similar
briefing and tour was provided in November for Councilmember elect Desley Brooks.
At the recent Pan Pacific Conference hosted by the Port Of Oakland we negotiated with our
Sister Port in Melbourne Australia a staff exchange. A staff member will be selected from each
port on the basis of a research proposal. Upon their return to their home port, they will
complete the research papers, and the results will be shared between the Port of Oakland and
the Melbourne Port Corporation.
AIRPORT
recommended for approval, by the full Board, Airport Item 11.
11. Authorization to Dispense with Standard Bidding Procedures to Solicit Proposals
for Design-Build for Construction of Neil Armstrong Way Employee Parking Lot, South
Field, 01A. (Resolution 03043)
Commissioner Uribe and President Kiang; (1) Absent: Vice-President Protopappas
Vice-President Scates reported that the February 5th meeting of the Commercial Real Estate
Committee had recommended for approval, by the full Board Items 21 and 22.
seconded by Commissioner Tagami.
21. Metroport: Certification of Final Environmental Impact Report, and Approval of
Development Permit and Related Environmental Documents. (Resolution 03044)
Leslie Gould. Bill Salmon and Sanjiv Handa spoke on this item.
Page 2 of 5
February 18, 2003
22. Approval of Ordinance Establishing Valet Rates for Jack London Square.
(Ordinance to Print)
Port Employee Joyce Washington gave a brief report on the Valet Rates.
MARITIME
Commissioner Uribe reported that the January 30 th meeting of the Maritime Committee had
recommended for approval, by the full Board, Maritime Items 31-36.
seconded by Commissioner Tagami:
31. Approval of New Contract for Consultant to Provide Instruction and Related
Activities for Maritime Division's Maritime Training Programs. (Resolution 03057)
32. Authorization for the Executive Director to Enter into a Professional Service
Agreement with SynchroNet Marine, Inc. to Provide a Computerized Truck Congestion
Management and Empty Container Street-Turn System. (Resolution 03045)
Bryan Maney, Paul Larking and Bill Aboudi spoke on item 32.
33. Recommendation Regarding Berths 57-59 Agreement with SSAT: Approval of
Delivery of +/- 18.75 Acre Parcel to SSAT and of Amendments to Agreement
Regarding the Parcel, Adjustment to Minimum Annual Guarantee for First Contract
year and Modification of Primary Use Provisions. (Resolution 03046)
34. Authorization to Execute a Supplemental Agreement with Ricondo & Associates
and a Professional Services Agreement with Hartmann & Associates to Study Flight
Procedure Modifications at Oakland International Airport to Resolve Potential Conflicts
with Inner Harbor Cranes and Make Appropriate Modifications to Flight Procedure
Restrictions at Oakland International Airport. (Resolutions 03047 & 03048)
35. Approval of Professional Services Agreement for the Terminal Planning Consultant,
Maritime Development Plan. (Resolution 03049)
36. Approval of Professional Services Agreement for the Roadway Planning and Traffic
Analysis Consultant, Maritime Development Plan. (Resolution 03050)
Commissioner Kramer participated in discussion of the proceeding items was but out of the
room during the recording of the vote.
Page 3 of 5
February 18, 2003
The motion carried by the following votes: (5) Ayes: Commissioner Ayers-Johnson,
Vice-President Scates, Commissioner Tagami, Commissioner Uribe and President
Kiang; (2) Absent: Commissioner Kramer and Vice-President Protopappas
OPERATIONS
Commissioner Ayers-Johnson reported that the January 28 th meeting of the Administrative
Committee had recommended for approval, by the full Board, Operations Items 41 and 42.
A motion to approve the following items was made by Commissioner Ayers
Johnson and seconded by Vice-President Scates:
41. Authorization to Enter into Contracts with Two Additional Non-SBE Bidders for
Furnishing Labor, Materials and Equipment for Paving, Grading and Associated General
Contractor Services for Port of Oakland Facilities for the Period Commencing December
1, 2002, and Ending December 31, 2003, 2004 or 2005. (Resolution 03051)
42. Authorization to Reallocate Budgeted Funds for Materials Testing and Construction
Inspection Services for Port of Oakland Engineering Construction Projects. (Resolution
03052)
APPROVAL OF MINUTES
A motion to approve the Minutes of the Regular meeting of February 4, 2003 was
made by Commissioner Kramer and seconded by Commissioner Uribe:
SUMMARY ITEMS
A motion to approve the following Summary Items was made by Vice-President
Scates and seconded by Commissioner Kramer:
Building Permit - California Electric Inc. of behalf of SSA Terminals LLC (tenant), 1999
Middle Harbor Road, Berths 57, 58 & 59, construction of an additional traffic lane at the
outbound gate, installation of monitoring equipment for refrigerated containers,
additional power supply for security equipment, and improvements to the security gate.
This project has been determined to be exempt from the requirements of the California
Environmental Quality Act pursuant to Class 1, Section 15301. (Resolution 03053)
Building Permit - AT&T Wireless (sub-tenant of Crown Castle USA), 107 Burma Road,
installation of four (4) cellular telephone antennas on the rooftop of an existing AT&T
Page 4 of 5
February 18, 2003
equipment shelter. This project has been determined to be exempt from the
requirements of the California Environmental Quality Act pursuant to Class 1, Section
15301. (Resolution 03054)
Building Permit - TransSystems Corporation on behalf of Federal Express Inc., 1 Sally
Ride Way (M114), install three (3) pre-fabricated booths on the FED EX ramp area to
store equipment used for aircraft gate support. This project has been determined to be
exempt from the requirements of the California Environmental Quality Act pursuant to
Class 3, Section 15303 (e). (Resolution 03055)
Building Permit - JetBlue Airways Corporation, 1 Allan Shephard, Air Cargo Building
M-112, remodel existing space within the Air Cargo building to serve as provisioning
area for airline. Construct new partition walls within space to create separated storage
areas, restroom, and office spaces. Repair or replace exterior doors at front and rear
and install new stairs and wheelchair lift to landside entrance. Install new ceilings over
some areas, install restroom fixtures, new lighting. This project has been determined to
be exempt from the requirements of the California Environmental Quality Act pursuant
to Class 1, Section 15301 (a). (Resolution 03056)
Final Reading - of Port Ordinance No.3734 being "An Ordinance Amending Port
Ordinance No. 867 Amending Certain Sections Relating To New Salary Schedule, New
And Additional Positions And Title Changes."
OPEN FORUM
ADJOURNMENT
At the hour of 5:20 p.m., there being no further business the Board Adjourned by
consensus.
John T. Betterton
Page 5 of 5
OF THE
PORT OF OAKLAND
COIVIMISSIONERS
TAY YOSHITANI
Executive Director
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, March 4th, 2003 - 3:00 PM
ROLL CALL
Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President Protopappas, VicePresident Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang
CLOSED SESSION
Port Attorney, David Alexander, reported that the Board had unanimously approved, in Closed
Session, the following Items:
Port of Oakland v. ExxonMobil Oil Corp., U.S. Dist. Court, N.D. Cal., Case No.
CO22968 MPH (Resolution 03072)
National Car Rental Systems, Inc., U.S. Bankruptcy Court District of Delaware Case No. 0111229-MFVV jointly administered in Case No. 01-11200-MFW. (Resolution 03071)
A Resolution authorizing a Tolling Agreement with Phoenix Iron Works_(Resolution 03070)
OPEN SESSION
Page 1 of 5
March 4, 2003
PRESIDENT'S REPORT
President Kiang thanked Vice-President Protopappas for assuming the duties of President
during his recent leave.
The Port hosted its tenants on February 28th for the Business Advisory Forum. Jim Fa laschi
of Jack London Square Partners was the guest speaker. Approximately 80 people
attended this annual event.
The Asian Employee Association will hold its Annual Lunar New Year's Dinner/Fundraiser on
Friday March 7th
The Port sponsored a number of events celebrating Black History Month. The Executive
Director noted the special efforts of Port Employee Frederick Walton.
AIRPORT
Commissioner Tagami reported that the February 24 th meeting of the Aviation Committee had
recommended for approval, by the full Board, Airport Items 11- 14.
A motion to approve the following items was made by Commissioner
Tagami and seconded by Commissioner Ayers-Johnson.
11. Approval of Supplemental License Agreement No. 2 with the United States of
America, Development of Commerce, National Oceanic and Atmospheric
Administration (#1 Airport Drive, South Airport). (Resolution 03058)
12. Approval of Agreement to Extend Right-of-Entry and Indemnity Agreement,
Approval of Right-of-Entry and Indemnity Agreement with Parsons Transportation
Group, Inc., and Authorization for Director of Aviation to Execute Both Documents (#1
Airport Drive, South Airport). (Resolution 03059)
13. Contract with Lloyd W. Aubry Co. for Acquisition and Installation of
Baggage Display System. (Resolution 03060)
14. Approval of Plans and Project Manual for Enhancement of Damon Slough Wetland
Mitigation Site. (Resolution 03061)
The motion carried by the following votes: (7) Ayes: Commissioner AyersJohnson, Commissioner Kramer, Vice-President Protopappas, VicePresident Scates, Commissioner Tagami, Commissioner Uribe and
President Kiang
Page 2 of 5
March 4, 2003
15. Acceptance of Boeing 727-100 Aircraft Donated by the FedEx Corporation. (Resolution
03062)
The Board Secretary announced that this item became known to staff after the publication of
the Board Calendar, and required urgent attention. An Agenda Sheet reporting on the item
was made available to the Commissioners and the assembled public.
A motion to hear Item 15 was made by Commissioner Kramer and
seconded by Vice-President Scates.
President Kiang
A motion to approve Item 15 was made by Commissioner Tagami and
seconded by Commissioner Kramer.
President Kiang
MARITIME C:OIVIIVIITTFF IRFPnIRT
Commissioner Kramer reported that the February 27th meeting of the Maritime Committee
had recommended for approval, by the full Board Items 31 through 33.
Kramer and seconded by Commissioner Uribe.
31. Ratification of Change Order to Contract for Demolition of Center Wing and Core of
Building D-833, Vision 2000 – Delete Bid Item #8, All Electrical Work, and Modification of
Change Order Authority Limit. (Resolution 03063)
32. Approval of Professional Services Agreement for the Railroad Operations and Planning
(Resolution 03064)
Consultant, Maritime Development Plan.
33. Authority to Exercise Option to Purchase One Container Crane from Zhenhua Port
Machinery Co., Ltd. (ZPMC), and Approval of Contract Change Order to Purchase One
Additional Crane, and Authorization to Increase Amounts Payable Under Two Related
Professional Services Agreements. (Resolutions 03065, 03066, 03067)
President Kiang
Page 3 of 5
March 4, 2003
OPERATIONS
Commissioner Ayers-Johnson reported that the February 25th meeting of the Administrative
Committee had recommended for approval, by the full Board, Operations Item 41.
Ayers Johnson and seconded by Commissioner Kramer:
41. Personnel Items: Title Changes. (Ordinance to print)
The motion carried by the following votes: (7) Ayes: Commissioner
Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, VicePresident Scates, Commissioner Tagami, Commissioner Uribe and
President Kiang
Vice-President Scates reported on the January 23rd meeting of the Audit, Budget & Finance
Committee. Additionally she reported that the Board had discussed in Closed Session Item
42.
A motion to approve the following items was made by Vice-President
Scates and seconded by Vice-President Protopappas:
42. Internal Review Protocol. (Resolution 03068)
President Kiang
APPROVAL OF MINUTES
A motion to approve the Minutes of the Regular Meeting of February 18,
2003 was made by Commissioner Uribe and seconded by Vice-President
Scates.
SUMMARY ITEMS
A motion to approve the following Summary Items was made by
Commissioner Uribe and seconded by Vice-President Scates:
Building Permit - Arrow Sign Company of behalf of SSA Terminals LLC (tenant), 1999
Middle Harbor Road, Berth 57, 58 & 59, installation of six additional directional and
informational signs for the Berth 57, 58 & 59 terminal complex. This project has been
determined to be exempt from the requirements of the California Environmental Quality
Act pursuant to Class 1, Section 13501 of the CEQA Guidelines. (Resolution 03069)
Page 4 of 5
March 4, 2003
Final Reading - Port Ordinance No. 3735 Being, "An Ordinance Amending Port
Ordinance No. 3044, Establishing Valet Parking Rates For Jack London Square."
OPEN FORUM
ADJOURNMENT
At the hour of 5:12 p.m., there being no further business the Board
Adjourned..
John T. Betterton
Page 5 of 5
OF THE
PORT OF OAKLAND
COMMISSIONERS
TAY YOSHITANI
Executive Director
530 Water Street
FRANK KIANG
President
TELEPHONE (510) 627-1100
DAVID L. ALEXANDER
Port Attorney
JOHN PROTOPAPPAS
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, March 18th, 2003 - 3:00 PM
ROLL CALL
Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President Protopappas, VicePresident Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang
CLOSED SESSION
The Board entered into Closed Session to consider the following items:
1. Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of
Section 54956.9. Names of case:
Berkeley Jets Over the Bay, et al. v. Port of Oakland, et al., California Court of Appeal
Case Nos. A086708/A087959/089660*
2. Conference With Legal Counsel - Anticipated Litigation. Significant exposure to
litigation pursuant to subdivision (b) of Section 54956.9: 4 matters
OPEN SESSION
Page 1 of 5
March 18, 2003
CLOSED SESSION REPORT
Port Attorney, David Alexander, reported that there were no final actions taken in Closed
Session.
PRESIDENT'S REPORT
President Kiang reported that the Port had accepted a decommissioned Boeing 727 from
Federal Express. The plane will be used for training and safety exercises. The engines will be
donated to the College of Alameda's Aviation Technology Program.
President Kiang also reported that four firms had submitted their qualifications for the Terminal
Expansion Program. They where: Hensel-Phelps, Turner Construction Company, ParsonsClark joint venture and Austin-Swinerton joint venture.
The Port hosted a signing ceremony for the administrative transfer of the Middle Harbor
Shoreline Park from the Port of Oakland to the East Bay Regional Park District.
The Executive Office received fourteen research proposals for the staff exchange with the
Melbourne Port Corporation.
The Port Of Oakland participated in a job-shadowing program with the Media and Broadcast
Academy at Fremont High School. Fifteen students participated in the program.
In light of the Code Orange warning issued by the Department of Homeland Security, the
Executive Director called on Aviation Director, Steve Grossman and Maritime Director, Jerry
Bridges to give updates on security in their Divisions.
AIRPORT
The Staff pulled item 11 from the Agenda.
-nanee-Approving-Amenclments to Airport Rulcs &
11. PULLED First-Rea ■ e e
Regulations and-Ameneli
• - erating-A
•
oRs-ln
Space/U-se-Pemilt (Annex A). (Orclinanee-)
Commissioner Tagami reported that the December 3, 2002 meeting of the Aviation Committee
had recommended for approval, by the full Board, Airport Item 12.
12. An Ordinance Authorizing, Approving And Executing A Lease Supplement With The
United States of America, Department Of Transportation, Federal Aviation Administration.
Page 2 of 5
March 18, 2003
President Kiang
COMMERCIAL REAL ESTATE COMMITTEE REPORT
Vice-President Protopappas reported that the March 5th meeting of the Commercial Real
Estate Committee had recommended for approval, by the full Board, Item 21.
Protopappas and seconded by Vice-President Scates.
21. An Ordinance Approving And Authorizing Execution Of Lease With The City Of Oakland
For The Development And Operation of The Union Point Park.
President Kiang
Scates and seconded by Commissioner Tagami.
Vice-President Protopappas recused himself from consideration of this
item.
22. Approving And Authorizing Execution Of Exclusive Negotiating Agreement With Food
Specialists, Inc. (Resolution No. 03073)
The motion carried by the following votes: (6) Ayes: Commissioner AyersJohnson, Commissioner Kramer, Vice-President Scates, Commissioner
Tagami, Commissioner Uribe and President Kiang (1) Absent: VicePresident Protopappas
MARITIME COMMITTEE REPORT
recommended for approval, by the full Board Item 31.
Page 3 of 5
March 18, 2003
31. Finding And Determining That A Proposed First Supplemental Agreement With
Worldwide Quality Assurance Ltd. For Consulting Services Constitutes Professional, Technical
And Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding And
Authorizing Execution Of Said Supplemental Agreement. (Resolution No. 03074)
President Kiang
OPERATIONS
Commissioner Ayers-Johnson reported that the February 25th meeting of the Administrative
41. Approving Hans And Specifications 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, And Calling For Bids Therefore. (Resolution No. 03075)
42. Approving Plans And Specifications For Removal And Disposal Of Hazardous Waste,
Designated Waste, Universal Waste, And Other Contaminated Materials For The Period
Commencing July 1, 2003 And Ending June 30, 2004, 2005 Or 2006, Oakland, California And
Calling For Bids. (Resolution No. 03076)
43. Finding And Determining That A Proposed Agreement With Moffatt & Nichol Engineers
For Consulting Services Constitutes Professional, Technical And Specialized Services That
Are Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of
Agreement. (Resolution No. 03077)
44. Approving And Authorizing Execution Of A Polling Agreement Schedule Coordination
Program Agreement And Related Agreements Thereto Between The Port And The Northern
California Power Agency ("NCPA") And A Joint Interconnection Agreement With NCPA And
The Pacific Gas & Electric Co. ("PG&E") To Provide For Electrical Interconnection To The
Port's Electrical System. (Resolution No. 03078)
President Kiang
Page 4 of 5
March 18, 2003
The Board pulled item 45 from the Agenda.
11. PULLED Arming-A-nd Estabij-shing-A--C-ommunity Oversight--Comrnittoe. (Resolution •
No. 03079)
APPROVAL OF MINUTES
A motion to approve the Minutes of the Regular Meeting of March 4, 2003
was made by Vice-President Protopappas and seconded by.
Commissioner Uribe.
SUMMARY ITEMS
A motion to approve the following Summary Item was made by
Commissioner Kramer and seconded by Vice-President Scates:
Final Reading - Port Ordinance No. 3736 - An Ordinance Amending Port Ordinance
No. 867, Amending Certain Sections Relating To Title Changes
OPEN FORUM
Sanjiv Handa of the East Bay News Service spoke in Open Forum.
ADJOURNMENT
Adjourned.
John T. Betterton
Page 5 of 5
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, April 1, 2003 - 3:00 PM
ROLL CALL
Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates,
Commissioner Tagami, and President Kiang
Vice–President Protopappas and Commissioner Uribe were excused.
CLOSED SESSION
Pacific Coast Building Products v. Lumbermen Mutual Casualty Company, Alameda
County Superior Court Case No. 2001-024620
Port of Oakland v. Pacific Insurance Co., et al., Alameda County Superior Court Case
No. 2002-065270
Page 1 of 7
April 1, 2003
OPEN SESSION
Port Attorney, David Alexander, reported that there were no final actions taken in Closed
Session.
PRESIDENT'S REPORT
President Kiang reported that he, Vice-President Scates, Executive Director Yoshitani, and
Maritime Director Bridges had attended the American Association of Port Authorities Annual
Legislative Conference in Washington D.C.
While in Washington, they also attended with Aviation Director Grossman events in
conjunction with the Annual Conference of the American Association of Airport Executives and
the Airport's Council International.
President Kiang reported that the Metropolitan Golf Links (formerly known as Galbraith Golf
Course) would have its grand opening on Monday, April 14th.
Three Port employees have been called to active duty: Matthew Willingham, Carl Nagata and
Peter Lee.
The Port of Oakland is a sponsor, and he is the Chairman of this years' March of Dimes Walk
America Campaign. The event will take place on April 26 th , 2003.
Port employee, Anne Henny, was selected for the Melbourne Staff exchange program.
CITY/PORT LIAISON COMMITTEE REPORT
President Kiang reported on the March 28 th City/Port Liaison Committee Meeting held at City
Hall. In a special three-hour meeting City Staff, Port Staff and Community Based
Organizations reported on workforce development and utilization in Oakland.
AIRPORT
Commissioner Tagami reported that the March 31 st meeting of the Aviation Committee had
recommended for approval, by the full Board, Airport Items 11 - 18.
A motion to approve Items 11, 12, 13, 14, 15, 17 and 18 was made by
Commissioner Tagami and seconded by Commissioner Ayers-Johnson.
Page 2 of 7
April 1, 2003
11. Approving And Authorizing Of A Certain License And Concession Agreement With Rui
Canha Doing Business As American Building Service. (Resolution No. 03081)
12. Approving And Authorizing Execution Of A License And Concession Agreement With
Keiser And Associates, Inc. (Resolution No. 03082)
13. Approving And Authorizing Execution Of A Certain License And Concession Agreement
With Ross Investments, Inc. (Resolution No. 03083)
14. An Ordinance Establishing A Passenger Facility Charge And Amending Section 21 To
Port Ordinance No. 3634 Relating To Charges For Use Of Facilities At Metropolitan Oakland
International Airport, And Making Certain Findings And Determinations In Connection
Therewith.
15. An Ordinance Amending Port Ordinance No. 3634 Relating To Landing And Tenant
Terminal Space Rental Fees At Metropolitan Oakland International Airport.
17. Finding And Determining That A Proposed Agreement With URS Corporation Doing
Business In California As URS Corporation Americas For Consulting Services Constitutes
Professional, Technical And Specialized Services That Are Temporary In Nature, Waiving
Competitive Bidding And Authorizing Execution Of Agreement. (Resolution No, 03085)
18. Finding And Determining That A Proposed Agreement With Jada Consultants, LLC For
Consulting Services Constitutes Professional, Technical And Specialized Services That Are
Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of Agreement.
Tagami and President Kiang (2) Absent: Vice-President Protopappas and
Commissioner Uribe
A motion to approve Item 16 was made by Commissioner Tagami and
16. Approving Hearing Officer's Recommendation To Reject All Bids For Upgrade Of Energy
Management Control System At Terminals I And II, South Field, 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. (Resolution No. 03084)
Gay Yamigiwa and Jefferey Sprat' of Johnson Controls spoke against approval of the
Resolution
Page 3 of 7
April 1, 2003
Tagami and President Kiang (2) Absent: Vice-President Protopappas and
Commissioner Uribe
Vice-President Scates reported that the Commercial Real Estate Committee had previously
recommended for approval, by the full Board, Item 21.
A motion to approve the following item was made by Vice-President
Protopappas and seconded by Vice-President Scates:
21. Rejecting The Two Current Marina Proposals/Bids And Approving The Re-Issuance Of A
Revised Request For Proposals For The Lease And Operation Of The Port Of Oakland's
Recreational Marinas. (Resolution No.03087)
The motion carried by the following votes: (6) Ayes: Commissioner AyersJohnson, Commissioner Kramer, Vice-President Scates, Commissioner Tagami
and President Kiang (2) Absent: Vice-President Protopappas and Commissioner
Uribe
Commissioner Kramer announced that Staff had pulled from consideration Item 33.
33,4uthe-rization to Prepare and Execute Agreements with Planning Consultants for Peer
pmcnt Plan. (Resol-uti-en-}
Revie
Commissioner Kramer reported that the March 27 th meeting of the Maritime Committee had
recommended for approval, by the full Board Items 31, 32, 34, 35 and 36.
Kramer and seconded by Commissioner Tagami.
31. Requesting The City Council To Vacate Ferro Street, Oakland, California. (Resolution
No. 03088)
32. Approving And Ratifying Issuance Of Change Orders For Contract With O.C. Jones &
Sons, Inc., For The Realignment Of Langley Street And Widening Of Doolittle Drive, North
Field, Oakland International Airport, Oakland, California. (Resolution No. 03089)
34, Approving And Ratifying Reimbursement To The East Bay Municipal Utility District For
Additional Costs Associated With Design And Construction For The Relocation Of An Existing
Navy Force Main And Gravity Sanitary Sewer. (Resolution No. 03090)
Page 4 of 7
April 1, 2003
35. Approving And Authorizing Execution Of Amended Agreement With Bay Ship & Yacht Co.
For Relocation Resulting From Inner Harbor Turning Basin –50' Dredging Project Construction.
36. Approving And Authorizing Payments To Qualifying Tenants For Relocation Claims As
Required Y Construction Of The Inner Harbor Turning Basin (-50 Foot Project) And Necessary
Instrument(s) To Effect Said Payments Therefor. (Resolution No. 03092); and
36. Finding And Determining That A Proposed Agreement With Coates Field Service, Inc. For
The motion carried by the following votes: (6) Ayes: Commissioner AyersJohnson, Commissioner Kramer, Vice-President Scates, Commissioner Tagami
and President Kiang (2) Absent: Vice-President Protopappas and Commissioner
Uribe
OPERATIONS
Commissioner Ayers-Johnson reported that the March 25th meeting of the Administrative
41. Extending Certain Pay And Benefits To Port Of Oakland Employee Members Of The
Military Reserve Recalled To Active Duty In Response To The Events Of September 11, 2001.
42. An Ordinance Amending Port Ordinance No. 867, Amending Section 2.01 And Adding
Section 10.052
43. Approving Plans And Specifications For Furnishing Pile Driver Crew For Repairs To Port
Of Oakland Docks And Waterfront Facilities For The Period Commencing June 1, 2003 And
Ending May 31, 2004, 2005 Or 2006, Oakland, California, And Calling For Bids Therefor.
Ayers-Johnson, Commissioner Kramer, Vice-President Scates,
Commissioner Tagami and President Kiang (2) Absent: Vice-President
Protopappas and Commissioner Uribe
Commissioner Ayers-Johnson announced that staff had pulled from consideration
Item 44.
Page 5 of 7
April 1, 2003
44.
ical
ncoring to Exercise the Third
g Services. (Resolution)
Commissioner Scates reported that the March 20th meeting of the Audit, Budget & Finance
45. Finding And Determining That A Proposed First Supplemental Agreement With Becky L.
Taylor, An Individual, Doing Business As BLT Associates For Consulting Services Constitutes
Professional, Technical And Specialized Services That Are Temporary In Nature, Waiving
Competitive Bidding And Authorizing Execution Of Agreement. (Resolution No. 03096)
46. First reading of An Ordinance Amending Section 2 Of Port Ordinance No. 1606 To Provide
For Purchasing – Card Procurement
47. Finding And Determining That A Proposed Second Supplemental Agreement With David
J. Davis, An Individual, Doing Business As D Squared Business Consulting For Consulting
Services Constitutes Professional, Technical And Specialized Services That Are Temporary In
Nature, Waiving Competitive Bidding And Authorizing Execution Of Said Supplemental
48. Finding And Determining That A Proposed Agreement With DMG-Maximus, Inc. For
Commissioner Tagami and President Kiang (2) Absent: Vice-President
Protopappas and Commissioner Uribe
APPROVAL OF MINUTES
was made by Vice-President Scates and seconded by Commissioner
Ayers-Johnson.
SUMMARY ITEMS
A motion to approve the following Summary Items was made by VicePresident Scates and seconded by Commissioner Kramer:
Final Reading - Port Ordinance No. 3737 being, "An Ordinance Authorizing, Approving
And Executing A Lease Supplement With The United States Of America, Department Of
Transportation, Federal Aviation Administration."
Page 6 of 7
April 1, 2003
Final Reading - Port Ordinance No. 3738 being, "An Ordinance Approving And
Authorizing Execution Of Lease With The City Of Oakland For The Development And
Operation Of The Union Point Park."
OPEN FORUM
ADJOURNMENT
Adjourned.
Page 7 of 7
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, April 15, 2003 - 3:00 PM
ROLL CALL
Tho fnlinwinn rnmmiccinnore xmoro in attonrianno•
Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President Protopappas, VicePresident Scates, Commissioner Uribe, and President Kiang
Commissioner Tagami was excused.
Executive Director Tay Yoshitani was excused
CLOSED SESSION
Pacific Coast Building Products v. Lumbermen Mutual Casualty Company, Alameda
County Superior Court Case No. 2001-024620
Port of Oakland v. Pacific Insurance Co., et al., Alameda County Superior Court Case
No. 2002-065270
Page 1 of 5
April 15, 2003
OPEN SESSION
Port Attorney, David Alexander, asked the Secretary to report on final actions taken in
Closed Session:
The Board approved unanimously the following Resolutions:
Authorizing And Approving The Executive Director To Execute Agreements, And
Approving Settlement. (Resolution No. 03108)
Approving Appointment Of Special Counsel, Approving And Authorizing Expenditure
Authority, And Approving Settlement. (Resolution NO. 03109)
Approving Increased Expenditure Authority Of Special Counsel And Necessary
Experts. (Resolution 03110)
PRESIDENT'S REPORT
President Kiang reported that Metrolink Golf Course is scheduled to open on Wednesday,
April 16th . The Port owns the property, which it leases to the City. CoursCo developed and will
operate the Course and the Port will participate in the net revenues.
President Kiang reported that he presented, on behalf of the Port, a $3,500 check to the
Women's Initiative for Self Employment, at the opening of their East Bay Office. The group
assists low-income women in becoming successful entrepreneurs.
President Kiang reported on the Grand Opening, on April 29 th ,of Ben & Jerry's new Jack
London Square Location.
Deputy Executive Director, John Glover, reported that the Annual March of Dimes' walk will
take place on Saturday April 24th . Executive Director, Tay Yoshitani, is this year's East Bay
Chair.
AIRPORT
Commissioner Ayers-Johnson reported that the March 31 St meeting of the Aviation
Committee had recommended for approval, by the full Board, Airport Items 11, 12, and 13.
A motion to approve Items 11 through 13 was made by Commissioner
Ayers-Johnson and seconded by Vice-President Protopappas
Page 2 of 5
April 15, 2003
11.
Approving And Authorizing Execution Of Certain License And Concession Agreements
With American Express Travel Related Services, Bank Of America, Southwest Airlines
Employees Federal Credit Union And Oakland Municipal Credit Union. (Resolution No.
03099)
12.
Granting Authorization To Include Furnish And Install Dynamic Roadway Signage For
Public Parking And Interim Rental Car Facility, Oakland International Airport, 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.
13.
Finding And Determining That A Proposed First Supplemental Agreement With CCS
Planning And Engineering For Consulting Services Constitutes Professional, Technical, And
Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding And
Authorizing Execution Of Said Supplemental Agreement. (Resolution No. 03101)
The motion carried by the following votes: (6) Ayes: Commissioner AyersJohnson, Commissioner Kramer, Vice-President Protopappas, VicePresident Scates, Commissioner Uribe and President Kiang (1) Absent:
Commissioner Tagami
recommended for approval, by the full Board Items 31, 32 and 33.
31. Approving Plans And Specifications For Construction Of Berth 22 Wharf Replacement,
Outer Harbor, Oakland, California, And Calling For Bids Therefore. (Resolution No. 03102)
32. Ratifying And Approving Addenda To Specifications To Construct Railroad Spur And Site
Work At The Joint Intermodal Terminals For Transload Warehouse D-516, Vision 2000,
Oakland, California; Rejecting Bid Protest Of Bay Cities Paving And Grading, Inc.; And
Awarding Contract To O.C. Jones & Sons, Inc., Fixing The Amount Of Bonds, Rejecting All
Other Bids And Directing Return Of Bid Bonds To Bidders. (Resolution No. 03103)
33. Approving And Authorizing Execution Of A Certain License And Concession Agreement
With Oakland Railway Company. (Resolution No. 03104)
Commissioner Tagami
Page 3 of 5
April 15, 2003
OPERATIONS
Commissioner Ayers-Johnson reported that the previous meeting of the Administrative
Committee had recommended for approval, by the full Board, Operations Items 41 and 42.
Ayers Johnson and seconded by Commissioner Uribe:
41.
Finding And Determining That A Proposed Agreement With KTVU Partnership For A
Strategic Marketing Campaign Constitutes Professional, Technical And Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of
42.
Finding And Determining That A Proposed Second Supplemental Agreement With NBA
Engineering, Inc. For Consulting Services Constitutes Professional, Technical, And
Authorizing Execution Of Agreement. (Resolution No. 03106)
Commissioner Tanami
APPROVAL OF MINUTES
was made by Commissioner Ayers-Johnson and seconded by
Commissioner Kramer.
SUMMARY ITEMS
Commissioner Ayers-Johnson and seconded by Vice-President Scates:
Building Permit - Hilton Hotel, installation of a parking control system for the hotel site. Project
will include installation of a new control booth and concrete pad to replace the existing booth of
similar size at the main entrance, installation of a bus shelter in the rear parking lot, installation
of electric gate control arms for entry and exit at the main Hegenberger entrance and Doolittle
entrance, and 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
11, Section 15311.
Page 4 of 5
April 15, 2003
Final Reading - Port Ordinance No. 3739 "An Ordinance Establishing A Passenger Facility
Charge And Amending Section 21 To Port Ordinance No. 3634 Relating To Charges For Use
Of Facilities At Metropolitan Oakland International Airport, And Making Certain Findings And
Determinations In Connection Therewith."
Final Reading - Port Ordinance No. 3740, "An Ordinance Amending Port Ordinance No. 3634
Relating To Landing And Tenant Terminal Space Rental Fees At Metropolitan Oakland
International Airport."
Final Reading - Port Ordinance No. 3741, "An Ordinance Amending Port Ordinance No. 867,
Amending Section 2.01 And Adding Section 10.052."
Final Reading - Port Ordinance No. 3742, "An Ordinance Amending Section 2 Of Port
Ordinance No. 1606 To Provide For Purchasing — Card Procurement."
ADJOURNMENT
Adjourned.
John T. Betterton
Page 5 of 5
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, May 6th, 2003 - 3:00 PM
ROLL CALL
President Kiang called the meeting to order at 3:05 p.m., and the following Commissioners
were in attendance:
Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President Protopappas
Vice-President Scates, Commissioner Tagami, Commissioner Uribe, and President
Kiang
CLOSED SESSION
Port Attorney David Alexander reported that the following items would need to be heard in
Closed Session:
Section 54956.9. Names of cases:
■
Berkeley Jets Over the Bay, et al. v. Port of Oakland, et al., California Court of
Appeal Case Nos. A086708/A087959/A089660
■
Louise Engel v. Port of Oakland, et al., Workers' Compensation Appeals Board
SF 450409, Claim No, 01-0049
2, Conference With Legal Counsel - Anticipated Litigation. Significant exposure to
litigation pursuant to subdivision (b) of Section 54956.9: (9 matters)
Page 1 of 7
May 6, 2003
3. Conference With Real Property Negotiator. Government Code Section 54956.8.
Property:
Negotiating Parties:
Under Negotiation:
Metroport Project, Hegenberger, Oakland, CA.
Port of Oakland and Simeon Commercial Properties
Price and Terms of Agreement
OPEN SESSION
Port Attorney David Alexander called on the Board Secretary to report the items approved in
Closed Session. He reported the unanimous approval of the following:
Approving Appointment Of Special Counsel. (Resolution No. 03125)
Finding And Determining That A Proposed Agreement With E-Agency, Inc. For
Consulting Services Constitutes Professional, Technical And Specialized Services That
Are Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of
Compromising And Settling Claims And Authorizing Execution Of Stipulated
Settlement. (Resolution No. 03127)
Confirming, Ratifying And Approving The Retention Of The Law Firm Buchanan
Ingersoll As Special Counsel To The Port Attorney. (Resolution No. 03128)
PRESIDENT'S REPORT
President Kiang reported that the Port held its first Good Neighbor Awards. Police Chief
Richard Word gave the keynote address. The well-attended event honored a Person of the
Year, Student of the Year, Non-profit of the Year and Port Tenant of the Year.
Additionally, President Kiang announced the opening of a new Ben & Jerry's ice cream store
in Jack London Square.
The March of Dimes Walk America campaign took place on Saturday April 26 th The Port's
team raised more than $12,000.
In April, the Port hosted several visits by elected officials: Congressman George Miller,
Congresswoman Barbara Lee, Senator Dianne Feinstein and Congressmen Hobson (R-OH),
Berry (D-AR) and Simpson (R-ID).
Page 2 of 7
May 6, 2003
The Assembly Select Committee on California's Ports will host a Maritime Transportation
Month Celebration on May 14 th and 15th.
The Director called on Commissioner Ayers-Johnson to report on National Association for
Black Public Administrators. She reported her attendance at the National Conference in Fort
Lauderdale, where outgoing president City Manager Robert Bobb was followed by incoming
President, the Port's own, Cheryl Perry-League.
The Director called on Aviation Division Manager Steve Grossman to report on the closing of
the United Airlines Maintenance Facility.
The Port will be one of the sponsors of the next meeting of the Oakland Advisors. Jet Blue,
CEO Dave Neeleman will address the group.
AIRPORT
Commissioner Tagami reported that the April meeting of the Aviation Committee had
recommended for approval, by the full Board, Airport Items 11, 12 and 13.
11. An Ordinance Approving And Authorizing Execution Of Agreement To Extend
12. An Ordinance Approving And Authorizing The Execution Of A Wireless
Telecommunications Agreement With Nextel Of California, Inc. Doing Business As
Nextel Communications.
13. Approving Plans And Specifications For Construction Of Asphalt Concrete Overlay
Of Taxiway Uniform Between Taxiways T And W, South Field, Oakland International
Airport, Oakland, California, And Calling For Bids Thereof. (Resolution No. 03111)
Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas,
Vice-President Scates, Commissioner Tagami, Commissioner Uribe and
President Kiang
Commissioner Uribe did not participate in the discussion or vote on item 14.
A motion to approve item 14 was made by Commissioner Tagami and
14. Selecting And Awarding Prime Builder Contract For The Oakland International
Airport Terminal Expansion (TEx) Program To Turner Construction Co.; Authorizing
The Executive Director To Execute An Agreement. (Resolution No. 03112)
Page 3 of 7
May 6, 2003
The following members of the Public spoke on this item:
Bill Patterson
Jim Starry
Geoffrey Pete
Chuck Wims
Jesse Cabelon
Charlie Walker
Dr. L.P. Lewis
Beth Aaron
Bill Love
Vice-President Scates, Commissioner Tagami, Uribe and President
Kiang (1) Recused: Commissioner Uribe
Vice-President Protopappas reported that the April 9th meeting of the Commercial Real
Estate Committee had recommended for approval, by the full Board Items 21 and 22.
A motion to approve Item 21 was made by Vice-President Protopappas
and seconded by Vice-President Scates.
President Kiang recused himself from the discussion or vote on item 21.
21. Approving And Authorizing Execution Of A First Amendment To The Exclusive Negotiating
Agreement With Oakland Harbor Partners LLC. (Resolution No. 03113)
(1) Recused: President Kiang
A motion to approve Item 22 was made by Vice-President Protopappas
President Kiang and Commissioner Uribe recused themselves from the discussion or vote on
Item 22.
22. Finding And Determining That A Proposed Agreement With Baseline Environmental
Consulting For Consulting Services Constitutes Professional, Technical And Specialized
Services That Are Temporary In Nature Waiving Competitive Bidding And Authorizing
Execution Of Agreement. (Resolution No. 03114)
Vice-President Scates,and Commissioner Tagami (2) Recused:
President Kiang and Commissioner Uribe
Page 4 of 7
May 6, 2003
OPERATIONS
Commissioner Ayers-Johnson reported that the April 22 nd meeting of the Administrative
Committee had recommended for approval, by the full Board, Operations Items 41, 42 and 43.
Ayers-Johnson and seconded by Vice-President Scates:
41. An Ordinance Amending Port Ordinance No. 867, Adding And Amending Sections.
42. Finding And Determining That A Proposed Agreement With Severn Trent
Laboratories, Inc. For Consulting Services Constitutes Professional, Technical And
Authorizing Execution Of Agreement. (Resolution No. 03115)
43. Finding And Determining That A Proposed Agreement With Curtis And Tompkins,
Ltd. For Consulting Services Constitutes Professional, Technical And Specialized
Services That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing
Execution Of Agreement. (Resolution No. 03116)
James Ingram spoke on this item.
President Kiang
Staff pulled item 44.
44. Approval of the Audit Contract with the Selected Accounting Firm to Perform Audit
Services for FY Ending June 30, 2003 and 200/. (Resolution)
Vice-President Scates reported that the May 1 st meeting of the Audit, Budget & Finance
seconded by Vice-President Protopappas:
46. Approving, Authorizing And Adopting A Change Of Chair, An Additional Voting
Member, And Amendments To The Restated Deferred Compensation Plan.
47, Authorizing The Renewal Of Port's Insurance Program Including Coverage For
Automobile Liability, Automobile Physical Damage, Port Liability, Public Officials Errors
& Omissions, CAPA Umbrella Excess Liability, Airport Liability, Excess Workers'
Compensation, Crane Physical Damage, Airport Terrorism, Computers, Loss Of
Access, And Fire Insurance Policy. (Resolution No. 03121)
Page 5 of 7
May 6, 2003
James Ingram spoke on Item 47.
48. Finding And Determining That It Is In The Best Interest Of The Port To Purchase
New Vehicles And Equipment, Authorizing The Executive Director To Sell Surplus
Vehicles And Assign And/Or Transfer The Neighborhood Electric Vehicles To Port
Tenants, Customer And Staff. (Resolution No. 03122)
President Kiang
Scates and seconded by Commissioner Uribe:
Vice-President Protopappas recused himself from the discussion or vote on Item 45.
45. Finding And Determining That A Proposed First Supplemental Agreement With AON Risk
Services, A Division Of AON Corporation, A Delaware Corporation, For Consulting Services
Constitutes Professional, Technical And Specialized Services That Are Temporary In Nature,
Waiving Competitive Bidding And Authorizing Execution Of Agreement. (Resolution No.
03118)
The motion carried b y the fcilinwinct votes: (6) A yes: Commissioner
Commissioner Tagami, Commissioner Uribe and President Kiang
(1) Recused: Vice-President Protopappas
The Staff pulled item 49.
49.
APPROVAL OF MINUTES
A motion to approve the Minutes of the Regular Meeting of April 15th,
2003 was made by Vice-President Protopappas and seconded by
Commissioner Tagami.
SUMMARY ITEMS
A motion to approve the following Summary Items was made by VicePresident Scates and seconded by Commissioner Kramer:
Building Permit - Approving Building Permit With Nextel Of California, Inc. (Resolution
No. 03123)
Page 6 of 7
May 6, 2003
Building Permit - Approving Building Permit With The Hertz Corporation. (Resolution
No. 03124)
President Kiang
OPEN FORUM
These individuals spoke in Open Forum:
Lou Miramontes
Tiffany Rasmussen
Eugene Yanov
Tom Snow
Sanjiv Handa
Ken Macias
ADJOURNMENT
Adjourned by consensus.
Joh T. Betterton
Page 7 of 7
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
DAVID KRAMER
PHILLIP H. TAGAMI
PETER URIBE
APPROVED
MINUTES
Tuesday, May 20, 2003 - 3:00 PM
ROLL CALL
were in attendance:
UUMIT11551011e1
Myers-Jormson,
LACHI1MISSICMUI
mramer, vice-rreslueru ocates,
VIGU-
President Protopappas, Commissioner Tagami, Commissioner Uribe and President Kiang
CLOSED SESSION
1. Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of Section
54956.9. Name of case:
■ United Public Employees' Local 790, SEIU, AFL-CIO and City of Oakland,
California Office of Administrative Hearings Public Employees Retirement
System, OAH Case No. N-9704107
litigation pursuant to subdivision (b) of Section 54956.9: (3 matters)
OPEN SESSION
Page 1 of 6
May 20, 2003
Port Attorney, David Alexander, called on the Board Secretary to read the following items
passed by consensus in Closed Session:
Compromising And Settling Claims And Authorizing Execution Of Settlement
Approving And Authorizing Execution Of Endorsement To Policy Issued By Lexington
Insurance Company. (Resolution No. 03142)
PRESIDENT'S REPORT
President Kiang introduced the Captain of the Port, Gary Swanson of the Coast Guard, who
presented the Port's Maritime Division with a certificate of Merit for their efforts to facilitate new
security measures
President Kiang introduced Assembly staffers from the office of Assemblywoman Wilma Chan
and Senator Don Perata who presented proclamations thanking Commissioner Uribe and
Commissioner Tagami for their service to the Port and to the City.
President Kiang presented various other proclamations including proclamations from
Congresswoman Barbara Lee and letters of appreciation from Mayor Jerry Brown.
President Kiang and all members of the Board expressed appreciation to Commissioners
Tagami and Uribe for their service to the Board and the Community. All in attendance stood
and applauded Commissioners Uribe and Tagami.
The Port participated at the California State Legislative activities for Maritime Transportation
Month.
The Port of Oakland will hold its annual PortFest celebrations on Saturday June 7 th in Jack
London Square and the Howard Terminal.
On May 9th the Oakland Advisors held their fifth Annual Breakfast Meeting. President and
CEO of Jet Blue, Jack Neeleman was the keynote speaker. President kiang and a number of
Port Staff hosted a table for Mr. Neeleman.
AIRPORT
Commissioner Tagami reported that the previous meeting of the Aviation Committee had
Page 2 of 6
May 20, 2003
A motion to approve Items 11 through 13 was made by
Commissioner Tagami and seconded by Commissioner AyersJohnson,
11. Approving And Authorizing Execution Of A License And Concession Agreement With
United Air Lines, Inc., And A Sub-Tenancy Agreement With San Francisco International
Airport, And Authorizing The Executive Director To Execute Stipulations And Other
Agreements Necessary In Connection With The License And Concession Agreement And With
United Air Lines, Inc.'s Rejection In Bankruptcy Of Its Lease Of The Oakland Maintenance
Center. (Resolution No. 03129)
12. Approving Dispensing With Competitive Bidding To Obtain Service Contracts To Provide
Ongoing Maintenance At The Former United Air Lines, Inc. Oakland Maintenance Center;
Authorizing The Executive Director To Execute An Agreement With Ensminger Consulting;
And Authorizing The Executive Director To Terminate Such Assignments And/Or New
Agreements. (Resolution No. 03130)
13. Granting Authorization To Include Demolition Of Building L-719, North Field, Oakland
International Airport, 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 Contact For Such Work
Based On Receipt Of Informal Proposals. (Resolution No. 03131)
Vice-President Scates, Commissioner Tagami, Commissioner Uribe
and President Kiang
Vice-President Protopappas reported that the May 7 th Commercial Real Estate Committee
recommended for approval, by the full Board, Items 21 and 22.
Protopappas and seconded by Commissioner Uribe:
21. An Ordinance Approving And Authorizing Execution Of A Multi-Year License And
Concession Agreement With National Furniture Liquidators, Inc.
22. Approving And Authorizing Execution Of A Second Amendment To The Purchase And
Sale Agreement With Simeon Commercial Properties For The Port Of Oakland's Sale Of An
Approximately 23 Acre Parcel Of Land Located At 1-880 And Hegenberger Road. (Resolution
No. 03132)
Russ Pitto of Simeon Properties spoke on Item 22.
Page 3 of 6
May 20, 2003
and President Kiang
Staff pulled item 23.
23.
Standards and Restrictions (P.O. No. 2832, as Amended) to Expand the Boundary.
{Ordinance)
Commissioner Kramer announced that the Maritime Committee meeting had been cancelled
and Staff had pulled from consideration Item 31.
31.
Approval of Profe-sional Services Agreement with Han Padron Aczociatcs, LLP, for
Road. (Resolution)
OPERATIONS
Commissioner Scates reported that a Special Meetin g of the Audit. Bud g et & Finance
Committee, on May 12 th , had recommended for approval, by the full Board, Item 41.
41. Finding And Determining That A Proposed Agreement With Macias, Gini And Company,
LLP, For Consulting Services Constitutes Professional, Technical And Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of
Ayers-Johnson, Commissioner Kramer, Vice-President
Protopappas, Vice-President Scates, Commissioner Tagami,
Commissioner Uribe and President Kiang
Commissioner Scates reported that the previous Regular Meeting of the Audit, Budget &
Finance Committee had recommended for approval, by the full Board, Item 42.
Page 4 of 6
May 20, 2003
42. Finding And Determining That It Is In The Best Interest Of The Port To Procure Uniform
Services Without Competitive Bidding And Authorizing Execution Of A Contract For Same With
Aramark Uniform Services Or Procurement For Same On The Open Market. (Resolution No.
03134)
and President Kiang
APPROVAL OF MINUTES
Action on the Minutes of the Regular Meeting of May 6 th was deferred
until the next meeting.
SUMMARY ITEMS
Vice-President Protopappas and seconded by Commissioner
Tagami:
-
Building Permit - Approving Building Permit With Avis Rent A Car System, Inc.
Building Permit - Approving Building Permit With Hertz Rent A Car Systems, Inc.
Building Permit - Approving Building Permit With Federal Express Corporation.
Building Permit - Approving Building Permit With Air Terminal Services, Incorporated.
Building Permit - Approving Building Permit With Crown Castle GT Company LLC.
Final Reading – Port Ordinance No. 3743, Approving And Authorizing Execution Of
Agreement To Extend Right-Of-Entry And Indemnity Agreement With The Boeing
Company.
Final Reading - Port Ordinance No. 3744, Approving And Authorizing The Execution Of
A Wireless Telecommunications Agreement With Nextel Of California, Inc. Doing
Business As Nextel Communications.
Page 5 of 6
May 20, 2003
Final Reading - Port Ordinance No. 3745, Amending Port Ordinance No. 867, Adding
And Amending Sections.
OPEN FORUM
ADJOURNMENT
Adjourned.
John T. Betterton
Page 6 of 6
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
JOHN T. BETTERTON
PATRICIA A. SCATES
ANTHONY A. BATARSE, JR.
KENNETH S. KATZOFF
DAVID KRAMER
APPROVED MINUTES
Tuesday, June 3, 2003 - 3:00 PM
ROLL CALL
President Kiang called the meeting to order at 3:18 p.m., and the following Commissioners were
in attendance:
Commissioner Ayers-Johnson, Commissioner Batarse, Commissioner Katzoff, Commissioner
Kramer, First Vice-President Protopappas, Second Vice-President Scates and President Kiang
PRESIDENT'S REPORT:
President Kiang gave a brief biography of the two new Commissioners Kenneth Katzoff and
Anthony Batarse, and welcomed them on behalf of the Board.
Executive Director Tay Yoshitani welcomed the new Commissioners.
PRESENTATION:
Executive Director Tay Yoshitani welcomed friends and family of this year's scholarship award
recipients.
The Asian Employees' Association awarded $2000.00 scholarships to the following students:
Matthew Lee
Linh Dao
Anjali Shastri
Brian Brocious
Chandan Misra
Anders Chan
The following students were awarded $3000.00 Scholarships:
Christina Kwan
Quynh Vo
REGULAR MEETING
June 3, 2003
The Port Of Oakland Employees' Scholarship Fund awarded the following students $2000.00
Linh Thi Dao
Phuong Huynh
Dararith Long
Lan H. Trinh
Danisha Ford
Vicki Chan
Veronica Webber
Carla Bonilla
Daniel C. Duncan
Peter Lau
Belma Makarevic
Tony Tseng
Rachel Mcqueen
Bianca Yarborough
Haniya Hunt
Matthew Lee
Rosalva Ramirez
Stephen Wan
Linh Au Duong
Dawnielle Wright
Former Executive Director, Chuck Foster, awarded the Chuck Foster Scholarship of $5,000.00 to
Brian Brocious.
After the award ceremony the Board took a brief recess, then reconvened at 3:54 p.m.
EXECUTIVE DIRECTOR'S REPORT:
Executive Director Tay Yoshitani gave brief reports on the following:
■ Announced the upcoming PortFest celebration taking place on June 7th.
■
Recent visits to the Port by Congressman Pete Visclosky and members of the House
Transportation and Infrastructure Committee, Congresspersons Obestar, Petri, Tauscher,
Honda, and Lee.
■
Recent visit by Robert Bonner, head of the U.S. Bureau of Customs and Border Protection
visits.
AIRPORT
Commissioner Ayers-Johnson reported that the previous meeting of the Aviation Committee had
Ayers-Johnson and seconded by Commissioner Katzoff.
11. An ordinance Amending Section 9 Of Port Ordinance No. 3634 Relating To Charges For Use
Of Facilities At Metropolitan Oakland International Airport.
12. Finding and Determining That A Proposed Fourth Supplemental Agreement With Pierre
Murphy, Esquire, For Air Service Development Consulting Services Constitutes Professional,
Technical and Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding
and Authorizing Execution Of Said Supplemental Agreement. (Resolution No. 03143)
REGULAR MEETING
June 3, 2003
13. Approving and Authorizing Execution Of A Certain License and Concession Agreement With
Southwest Airlines Co. (Resolution No. 03144)
14. Finding and Determining That A Proposed Third Supplemental Agreement With Keiser &
Associates For Consulting Services Constitutes Professional, Technical and Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding and Authorizing Execution Of Said
Supplemental Agreement. (Resolution No. 03145)
15. Finding and Determining That A Proposed Agreement With Hartmann & Associates For
Consulting Services Constitutes Professional, Technical and Specialized Services That Are
Temporary In Nature, Waiving Competitive Bidding and Authorizing Execution Of Agreement.
16. An ordinance Amending Port ordinance No. 2613 As Amended, Fixing Certain Revised
Parking Rates In The Port's Public Automobile Parking Facilities At Metropolitan Oakland
International Airport.
17. Ratification Of Parking Lot Rate Increase To Fund Airport Security and Airport Access and
Parking Lot Enhancements.
Sanjiv Handa spoke on item 18.
18. Consenting To Assignment Of Lease From Sierra Academy Of Aeronautics, Inc. To Sierra
Business Jet-Oakland LP, Approving A Sublease From Sierra Business Jet-Oakland LP To Sierra
Academy Of Aeronautics Inc. or An Affiliate and Waiving The Reappraisal and Rent Adjustment
Requirements Of The Lease Upon Assignment. (Resolution No. 03147)
19. Awarding Contract For Enhancement Of Damon Slough Wetland Mitigation Site, Oakland,
California To Beliveau Engineering Contractors, Inc., Fixing The Amount Of Bonds, Rejecting All
Other Bids; Directing Return Of Bid Bonds To Bidders; Authorizing Executive Director To
Implement Permit Obligations and To Negotiate Lease Revisions With The East Bay Regional
Park District. (Resolution No. 03148)
20. Approving Plans and Specifications For Replacement Of Terminal 1 Automatic and Manual
Doors, Building M-101, South Field, Oakland International Airport, Oakland, California, and Calling
For Bids Therefor. (Resolution No. 03149)
Ayers-Johnson, Commissioner Batarse, Commissioner Katzoff,
Commissioner Kramer, Vice-President Protopappas, Vice-President
Scates, and President Kiang
MARITIME
Commissioner Kramer reported that at the June 2 nd meeting of the Maritime Committee, the
Committee had recommended for approval, by the full Board, Maritime Items 31 - 38.
REGULAR MEETING
June 3, 2003
Kramer and seconded by Vice-President Protopappas
31. Supporting The Commitment To Provide Financial Assurances and Funds Necessary To
Ensure Implementation and Completion Of Environmental Remedial Actions At The Oakland Army
Base Required Under The Consent Agreement With The California Department Of Toxic
Substances Control. (Resolution No. 03150)
32. An Ordinance Approving and Authorizing The Execution Of Lease With East Bay Regional
Park District (Radio Beach).
33. An Ordinance Approving and Authorizing The Execution Of Lease With International Maritime
Center/Bay Area Seafarers Service.
34. Approving Issuance Of Change Order For Contract With Stacy & Witbeck, Inc., For The
Construction Of Storage Track, Compressed Air System, and Miscellaneous Improvements To
The Joint Intermodal Terminal, Vision 2000, Oakland, California. (Resolution No. 03151)
35. Approving Issuance Of Change Order For Contract With Shanghai Zhenua Port Machinery
Co. Ltd (ZPMC), For Construction and Installation Of Container Cranes At Port Of Oakland,
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36. Approving Plans and Specifications For Rigging and Repair For 2003 Structural Inspection Of
ZPMC Cranes X437, X438, and X439 At Berth 35 and Berth 23, Outer Harbor, Oakland,
California, and Calling For Bids Therefor. (Resolution No. 03153)
37. Finding and Determining That A Proposed First Supplemental Agreement With Harris &
Associates/I- RS, Jointly, For Consulting Services Constitutes Professional, Technical and
Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding and Authorizing
Execution Of Said Supplemental Agreement. (Resolution No. 03154)
The motion carried by the following votes: (7) Ayes: Commissioner AyersJohnson, Commissioner Batarse, Commissioner Katzoff, Commissioner Kramer,
Vice-President Protopappas, Vice-President Scates, and President Kiang
Item 38 was pulled on the recommendation of staff
38
(Resolution}
OPERATIONS
Vice-President Scates reported on the May 22 nd meeting of the Audit, Budget and Finance
Committee.
REGULAR MEETING
June 3, 2003
Commissioner Ayers-Johnson reported that the June 3 rd meeting of the Administration
Committee had recommended for approval, by the full Board, Operations Items 41, 42 and 44-46.
A motion to approve Items 41, 42 and 44-46 was made by
Commissioner Ayers-Johnson and seconded by Commissioner
Kramer.
Sanjiv Handa and Al Loera spoke on Item 41.
41. An ordinance Amending Port Ordinance No. 867, Amending Sections 2.01, 5.03, 5.04, 5.14,
5.144, Adding Section 13.7 and Deleting Sections 5.062 and 10.04.
42. Finding and Determining That A Proposed Second Supplemental Agreement With Corvel
Corporation For Consulting Services Constitutes Professional, Technical and Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding and Authorizing Execution Of
Item 43 was pulled on the recommendation of the Staff.
43. Ratification Of Addendum and Award Of Contract For Removal and Disposal Of Hazardous
Waste, Designated Waste, Universal Waste, and Other Contaminated Materials For The Period
Commencing July 1, 2003, and Ending Junc 30, 2001, 2005 or 2006.
44. Finding and Determining That A Proposed Agreement With Eleusinian Enterprises For
45. Finding and Determining That A Proposed Agreement With Malcolm Pirnie, An Individual, For
46. Ratifying and Approving Acceptance Of Energy Conservation Grants From The State Of
California For Energy Conservation-Related Projects. (Resolution No. 03158)
APPROVAL OF THE MINUTES:
A motion to approve the Minutes of the Regular Meeting Of May 6,
2003, and Regular Meeting Of May 20, 2003 was made by
REGULAR MEETING
June 3, 2003
Kramer, and approved by consensus.
SUMMARY ITEMS:
A motion to approve the following Summary Items was made by VicePresident Scates and seconded by Vice-President Protopappas:
Building Permit – Approving Building Permit With The Boeing Company. (Resolution No. 03159)
Building Permit – Approving Building Permit With Pacific Bell Wireless LLC, Doing Business As
Cingular Wireless. (Resolution No. 03160)
Final Reading – Port Ordinance No. 3746. An ordinance Approving and Authorizing Execution Of
A Multi-Year License and Concession Agreement With National Furniture Liquidators, Inc.
OPEN FORUM:
The following individuals spoke in Open Forum:
Joe Gianforte, Sanjiv Handa, William B. Patterson, Geoffrey Peet, and Carol Peoples
CLOSED SESSION:
A motion to consider two matters relating to Anticipated Litigation was made by
Vice-President Scates, seconded by Commissioner Kramer, and approved by
consensus
The Board entered into Closed Session at 4:51 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: 3 Matters
Conference With Legal Counsel - Anticipated Litigation. Significant Exposure To Litigation
Pursuant To Subdivision (B) Of Section 54956.9: 2 Matters
OPEN SESSION:
The Board reconvened in Open Session at 6:30 p.m.
REGULAR MEETING
June 3, 2003
CLOSED SESSION REPORT:
The Port Attorney reported that no final actions had been taken in Closed Session.
ADJOURNMENT:
At the hour of 6:31 p.m., there being no further business the Board adjourned.
Joh. T. Betterton
Secretary of the Board of Port Commissioners
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
KENNETH S. KATZOFF
DAVID KRAMER
APPROVED MINUTES
Tuesday, June 17, 2003 - 3:00 PM
ROLL CALL:
were in attendance:
Commissioner Batarse, Commissioner Katzoff, Commissioner Kramer, First Vice-President
Protopappas, and President Kiang.
Commissioner Ayers-Johnson and Second Vice-President Scates were at the Airport
Minority Advisory Council meeting in Memphis, Tennessee.
CLOSED SESSION:
1. Conference With Legal Counsel — Existing Litigation. Significant exposure to
litigation pursuant to subdivision (a) of Section 54956.9. Names of cases:
Case Nos. A086708/A087959/A089660. (Pulled on the recommendation of the Port
Attorney).
City of Oakland v. ExxonMobil Oil Corp., U.S.D.C. N.D. Cal. Case No. CO22968 JSW
City of Oakland, et al. v. California Department of Transpiration, et al, Sacramento
County Superior Court, Case No. 02CS00391
OPEN SESSION:
REGULAR MEETING
June 17, 2003
Port Attorney David Alexander called on the Board Secretary to report on the final actions
taken by the Board in Closed Session. The Secretary reported that the following Resolutions
had passed by consensus of the five Commissioners present:
Approving And Authorizing Execution Of A Settlement Agreement With ExxonMobil Oil
Corporation ("Mobil") Concerning Berths 23 And 24; City Of Oakland v. ExxonMobil Oil
Corporation, U.S.D.C. N.D. Cal. Case No. CO22968 JSW. (Resolution No. 03177)
Approving And Authorizing Execution Of Standstill And Tolling Agreements With National
Union Fire Insurance Company Of Pittsburgh, PA ("National Union") Concerning The Ninth
Avenue Marine Terminal And The Cryer Boatyard Sites. (Resolution No. 03176)
Executive Director Tay Yoshitani called on the Communications Director, Harold Jones, to
recognize the many Volunteers and Port Staff who worked to make PortFest a success.
Harold thanked the 120 volunteers that helped, and singled out Port employees Monica Tell,
Midori Tabata, Vaughn Filmore and David Adams for special recognition. President Kiang
thanked Harold Jones for his work on PortFest.
Executive Director Tay Yoshitani called on Maritime Director, Jerry Bridges to report on the
Port's recent Security Grant from the Transportation Security Agency. Jerry Bridges reported
that the Port had received a $1.6M Security Grant for a Mobil road barrier. The barrier would
be used in case the Port had to be shut down in an emergency.
AIRPORT
President Kiang reported that the previous meeting of the Aviation Committee had
A motion to approve Items 11 through 13 was made by President
Kiang and seconded by Commissioner Kramer.
11. Approving Change Order(s) To Contract With Beliveau Engineering Contractors,
Inc., For Furnishing Labor, Material And Equipment For General Building Contractors
Services For Port Of Oakland Facilities For The Period Commencing July 1, 2002 And
Ending June 30, 2003, Or 2004, Oakland, California. (Resolution No. 03162)
12. Approving And Authorizing Execution Of Amended And Restated License And Concession
Agreements And Amended And Restated Lease Agreements For The Interim Rental Car
Facilities. (Resolution No. 03163)
REGULAR MEETING
June 17, 2003
13. Ratifying And Approving The Existing Agreement Between The Port And Transportation
Security Administration For Continued Participation In The Explosives Detection Canine Team
Program. (Resolution No. 03164)
The motion carried by the following votes: (5) Ayes:
Commissioner Batarse, Commissioner Katzoff, Commissioner
Kramer, Vice-President Protopappas, and President Kiang
(2) Absent: Vice-President Scates and Commissioner Ayers-Johnson
Vice-President Protopappas reported that the previous meeting of the Commercial Real
Estate Committee had recommended for approval, by the full Board, Commercial Real Estate
Items 21
22.
A motion to approve Items 11 through 13 was made by VicePresident Protopappas and seconded by Commissioner Katzoff.
Sanjiv Handa and Denny McCloud spoke on Item 21.
21. Approving And Authorizing Execution Of An Amendment To The Agreement With
The Association For The Preservation Of The Presidential Yacht Potomac And
Approving The Budget Of The Association For The Presidential Yacht Potomac For
Fiscal Year 2003/2004. (Resolution No. 03165)
22. Approving And Authorizing Execution Of A First Supplemental Agreement To The
Lease With Gray And Reynolds Properties, Inc. (Resolution No. 03166)
(2) Absent: Vice-President Scates and Commissioner AyersJohnson
MARITIME
Commissioner Kramer reported that at the previous meeting of the Maritime Committee, the
Committee had recommended for approval, by the full Board, Maritime Item 31.
A motion to approve Item 31 was made by Commissioner Kramer
and seconded by Vice-President Protopappas
REGULAR MEETING
June 17, 2003
31. Approving Permits For The Installation Of Facilities For A Soil And Groundwater
Investigation And Remediation System On Berths 23 And 24, Authorizing Execution Of
A One-Year Right-Of-Entry Agreement With ExxonMobil Oil Corporation ("EMOC"),
Certifying Consideration Of A Related Initial Study And Mitigated Negative Declaration,
Finding No Substantial Evidence Of Significant Effect On The Environment, And
Approving The Mitigated Negative Declaration And The Mitigation Monitoring And
Reporting Program ("MMRP"). (Resolution No. 03167)
OPERATIONS
Commissioner Kramer reported that the previous meeting of the Administration Committee
had recommended for approval, by the full Board, Operations Items 41 - 43.
A motion to approve Items 41- 43 was made by Commissioner
Kramer and seconded by Vice-President Protopappas.
41. Finding And Determining That Proposed Agreements With Applied Materials &
Engineering, Inc., Consolidated Engineering Labs, Signet Testing Labs/TRS
Consultants, Joint And Severally, And Smith Emery Company/Business Development,
Inc., Joint And Severally, For Consulting Services Constitutes Professional, Technical
And Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding
And Authorizing Execution Of Agreement. (Resolution No. 03168)
42. Appointment of Deputy Executive Director; and Reappointment of Director of
Strategic and Policy Planning from Interim Position. (Resolution No. 03169)
43. Finding And Determining That A Proposed Agreement With Grand Parameter, LLC
For Consulting Services Constitutes Professional, Technical And Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution
Of Agreement. (Resolution No. 03170)
(2) Absent: Vice-President Scates and Commissioner Ayers-Johnson
REGULAR MEETING
June 17, 2003
Approval of the minutes from the June 3 rd meeting was deferred,
SUMMARY ITEMS:
Commissioner Kramer and seconded by Commissioner Batarse:
Building Permit – Approving Building Permit With Avis Rent A Car System, Inc. (Resolution No.
03171)
Building Permit – Approving Building Permit With Dollar Rent-A-Car Systems, Inc. (Resolution
03172)
Building Permit – Approving Building Permit With Budget Rent-A-Car Systems, Inc.
(Resolution 03173)
Building Permit – Approving Building Permit With National Rent-A-Car Systems, Inc.
(Resolution 03174)
Building Permit – Approving Building Permit With Enterprise Rent A Car Company Of San
Francisco. (Resolution 03175)
Final Reading – Port Ordinance No. 3747 being, "An Ordinance Amending Section 9 Of
Port Ordinance No. 3634 Relating To Charges For Use Of Facilities At Metropolitan
Oakland International Airport."
Final Reading – Port Ordinance No. 3748 being, "An Ordinance Approving And
Authorizing Execution Of A Lease With United States Postal Service."
Final Reading – Port Ordinance No. 3749 Being, "An Ordinance Amending Port
Ordinance No. 2613 As Amended, Fixing Certain Revised Parking Rates In The Port's
Public AutoMobil Parking Facilities At Metropolitan Oakland International Airport."
Authorizing Execution Of An Amendment To Lease With Sierra Academy Of
Aeronautics, Inc."
Authorizing The Execution Of Lease With East Bay Regional Park District (Radio
Beach)."
Authorizing The Execution Of Lease With International Maritime Center/Bay Area
Seafarers Service."
REGULAR MEETING
June 17, 2003
Final Reading – Port Ordinance No. 3753 being, "An Ordinance Amending Port Ordinance No.
867, Amending Sections 2.01, 5.03, 5.04, 5.14, 5.144, Adding Section 13.7 And Deleting
Sections 5.062 And 10.04."
OPEN FORUM:
William Russell and Sanjiv Handa spoke in Open Forum.
CLOSED SESSION:
The Board reentered into Closed Session at the hour of 4:50 p.m.
OPEN SESSION:
The Port Attorney reported that no final actions had been taken in Closed Session.
ADJOURNMENT:
At the hour of 5:56 p.m., there being no further business the Board adjourned.
Jo n T. Betterton
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
KENNETH S. KATZOFF
DAVID KRAMER
APPROVED MINUTES
Tuesday, July 1, 2003 - 3:00 PM
ROLL CALL:
were in attendance:
Commissioner Ayers-Johnson, Commissioner Batarse, Commissioner Katzoff,
Commissioner Kramer, First Vice-President Protopappas, Second Vice-President Scates,
and President Kiang.
CLOSED SESSION:
The Port Attorney, David Alexander, asked the Board to consider adding an urgent matter that
arose after the publication of the Agenda. The Item was a Personnel Item provided for under
Government Code Section 54957.
By consensus the Board approved hearing the item in Closed Session.
1. Conference With Legal Counsel – Existing Litigation. Significant exposure to
litigation pursuant to subdivision (a) of Section 54956.9. Names of cases:
Pacific Coast Building Products v. Lumbermen Mutual Casualty Company, et al.,
Alameda County Superior Court Case No. 2001-024620
City of Oakland v. Pacific Insurance Company, et al., Alameda County Superior Court
Case No. 2002-064450
City of Oakland v. Harding ESE, Inc., Mactec Engineering & Consulting, Inc., et al.,
Alameda County Superior Court Case No. RG03102264
REGULAR MEETING
July 1, 2003
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Port of Oakland, Oakland Base Reuse Authority, Oakland
Redevelopment Agency and City Council
Executive Director Tay Yoshitani
Price and Terms of Payment
OPEN SESSION:
Port Attorney David Alexander reported that no final action had been taken in Closed Session,
but that an additional Closed Session would be necessary at the conclusion of the scheduled
items.
PRESIDENT'S REPORT:
PnacirLant Itiann rannrfari that Alnha Airlinac' I=2a,ninnal Vina,_Pnaciria,mt Inhn Alhmnht hart
joined him in a ceremony initiating a new non-stop service from Oakland to Kauai, Hawaii.
The new flights will operate four days a week. He noted that Aloha Airlines had expanded its
non-stop flights to Kona, Hawaii from four times a week to daily.
President Kiang also reported attending a celebration in honor of Cheryl Perry-League. Ms.
Perry-League was recently elected President of the National Association of Black Public
Administrators. The event was held at Allen Temple Baptist Church, and Mayor Brown,
Commissioners Ayers-Johnson and Batarse where in attendance.
President Kiang called on Vice-President Scates to report on the Airport Minority Advisory
Council (AMAC) convention in Memphis. Both Vice-President Scates and Commissioner
Ayers-Johnson attended the convention.
Executive Director Yoshitani reported the following:
Congresswoman Barbara Lee and her staff visited the Port for a briefing on Port security
issues, and opportunities for local participation in the Airport expansion plans.
The Port received a $15M grant from the California Transportation Commission for the BARTOakland Airport Connector.
REGULAR MEETING
July 1, 2003
The Oakland Aquatic Center in Jack London Square held a reception. Board President
Robert Kidd commended the Port for its support of the Center.
Simeon Properties closed escrow on Metroport. Executive Director Yoshitani read a letter
from Simeon thanking the Port for an outstanding job.
OPEN FORUM:
Al Loera and Sanjiv Handa spoke in Open Forum.
AIRPORT
Commissioner Ayers-Johnson reported that the June 30th meeting of the Aviation
Committee had recommended for approval, by the full Board, Airport Items A-1 through A-12.
A motion to approve Items A-1, A-2, A-3, A-4, A-5, A-10, A-11, A-12
was made by Commissioner Ayers-Johnson and seconded by
Commissioner Katzoff.
A-1 First Reading of An Ordinance Approving Additional Signatories to the Airline Operating
Agreement and Space/Use Permit at Oakland International Airport (#1 Airport Drive, South
Airport).
A-2 Resolution 03178 Finding And Determining That Certain Fueling Vehicles And
Equipment Are No Longer Required For Port Use And Authorizing The Executive Director To
Transfer Title, Sell, Donate Or Scrap Surplus Vehicles And Equipment.
A-3 Resolution 03179 Approving And Authorizing Execution Of Certain Agreement To
Extend Right-Of-Entry And Indemnity Agreement With Superior Aircraft Services, Inc.
A-4 Resolution 03180 Approving And Authorizing Execution Of A Memorandum Of
Understanding With The Cities Of San Leandro And Oakland To Fund Up To $300,000 (16%
Of Total Project) For The Airport Gateway Doolittle Streetscape Improvement And To Remit
Payment Of Up To $300,000 To The City Of San Leandro For Construction Of These
Improvements.
A-5 Resolution 03181 Finding And Determining That A Proposed Agreement With CCS
Planning & Engineering For Consulting Services Constitutes Professional, Technical And
Authorizing Execution Of Agreement.
A 8 Award of Contract for the Construction of Asphalt Concrete Overlay of Taxiway Uniform,
Between Taxiways T and W, South Field, 01A
Pulled on recommendation of Staff.
REGULAR MEETING
July 1, 2003
A-9 Authorization to Dispense with Standard Bidding Procedures to Purchase an Airport
Pulled on recommendation of Staff.
A-10 Resolution 03184 Finding And Determining That It Is In The Best Interest Of The Port
To Award The Contract For Purchase And Installation Of Two Passenger Boarding Bridges At
Terminal 1, Building M-103, South Field, Oakland International Airport, Oakland, California,
Without Lowest-Sealed Bid Procedures And Authorizing Execution Of Contract For Such Work
Based On Receipt Of Informal Proposals.
A-11 Resolution 03185 Ratifying The Approval And Execution Of An Extension Of The
Reimbursable Agreement With The Federal Aviation Administration For The Airport Roadway
Project.
A-12 First Reading of An Ordinance Approving And Authorizing The Execution Of Lease With
Bayair, Inc. and Mr. John Roth. and Resolution 03186 Approving And Authorizing Execution
Of Agreement Providing For Termination Of Lease With Bayair, Inc. And Mr. John Roth.
The motion carried by the following votes:
(7) Ayes:
Commissioner Ayers-Johnson, Commissioner Batarse,
Commissioner Katzoff, Commissioner Kramer, Vice-President
Protopappas, Vice-President Scates, and President Kiang.
Vice-President Protopappas recused himself on items A-6 and A-7 and did not take part
in the discussion or decision of the items.
A motion to approve Items A-6 and A-7 was made by
Batarse.
Sanjiv Handa spoke on items A-6 and A-7.
A-6 Resolution 03182 Finding And Determining That A Proposed Fifth Supplemental
Agreement With Carol H. Williams Advertising For Consulting Services Constitutes
Professional, Technical And Specialized Services That Are Temporary In Nature,
Waiving Competitive Bidding And Authorizing Execution Of Agreement.
REGULAR MEETING
July 1, 2003
A-7 Resolution 03183 Finding And Determining That A Proposed First Supplemental
Agreement With E-Agency, Inc. For Consulting Services Constitutes Professional,
Technical And Specialized Services That Are Temporary In Nature, Waiving Competitive
Bidding And Authorizing Execution Of Agreement.
Commissioner Kramer, Vice-President Scates, and President Kiang (1)
Recused: Vice-President Protopappas.
Item C-1 was pulled on the recommendation of staff.
C-1
MARITIME
Commissioner Kramer reported that at the June 26th meeting of the Maritime
Committee, the 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 Vice-President Protopappas.
M-1 Resolution 03187 Approving And Authorizing Execution Of An Agreement With
Alameda-Contra Costa Transit ("AC Transit") To Provide Weekend Bus Service To
Middle Harbor Shoreline Park (IVIHSP") And Approving A One-Time Port Subsidy For
Such Service.
Scates, and President Kiang.
OPERATIONS
Vice-President Scates reported that the previous meeting of the Audit, Budget & Finance
Committee had recommended for approval, by the full Board, Operations Item 0-1.
A motion to approve Item 0-1 was made by Vice-President Scates
and seconded by Vice-President Protopappas.
REGULAR MEET:[NG
July 1, 2003
0-1 Resolution 03188 Finding And Determining That A Proposed First Supplemental
Agreement With Worldwide Quality Assurance Ltd. For Consulting Services Constitutes
Waiving Competitive Bidding And Authorizing Execution Of Said Supplemental
Agreement.
Commissioner Ayers-Johnson reported that the June 24 th meeting of the
Administration Committee had recommended for approval, by the full Board,
Operations Items 0-2 through
-4.
0
A motion to approve Items 0-2 through 0-4 was made by Commissioner
Ayers-Johnson and seconded by Commissioner Kramer.
0-2 Resolution 03189 Ratifying And Approving Addendum To Specifications For
Furnishing Pile Driver Crew For Repairs To Port Of Oakland Docks And Waterfront
Facilities For The Period Commencing June 1, 2003 And Ending May 31, 2004, 2005,
Or 2006, Oakland, California; Awarding Contracts To Dutra Construction Co., Inc. And
To Vortex Diving, Inc., Fixing The Amount Of Bonds, Rejecting All Other Bids And
Directing Return Of Bid Bonds To Bidders.
Removal And Disposal Of Hazardous Waste, Designated Waste, Universal Waste, And
Other Contaminated Materials For The Period Beginning July 1, 2003 And Ending June
30, 2004, 2005 Or 2006, Oakland, California; Awarding Contract To Dillard
Environmental Services, Inc., Fixing The Amount Of Bonds, Rejecting All Other Bids
And Directing Return Of Bid Bonds To Bidders.
Performing Emergency Spill Response Or Emergency Repairs In A Hazardous
Environment For Port Of Oakland Facilities For The Period Beginning July 1, 2003 And
Ending June 30, 2004, 2005 Or 2006, Oakland, California; Awarding Contract To Foss
Environmental Services, Inc., Fixing The Amount Of Bonds, Rejecting All Other Bids
And Directing Return Of Bid Bonds To Bidders.
REGULAR MEETING
July 1, 2003
A motion to approve the Minutes of June 3rd and June 17th was made
by Commissioner Kramer and seconded by Commissioner Batarse.
The Motion carried by Consensus.
SUMMARY ITEMS:
A motion to approve Summary Items S-1 and S-2 was made by
Vice-President Protopappas and seconded by Commissioner
Kramer.
Sarijiv Handa spoke on Item S-1.
S-1 Resolution 03192 Approving Building Permit With International Maritime Center.
S-2 Final Reading of a Port Ordinance No. 3754 "Approving And Authorizing The
Execution Of A Multi-Year Right-Of-Entry And Indemnity Agreement With
Exxonmobil Oil Corporation ("EMOC")."
ELECTION OF OFFICERS
President Kiang nominated John Protopappas for President, Patricia
Scates for 1 st Vice-President, Kenneth Katzoff for 2nd Vice-President
and John Betterton for Secretary of the Board. There were no other
nominations.
The Officers were elected unanimously on a roll call vote.
SECOND CLOSED SESSION
The Board reentered into Closed Session at 4:50 p.m.
OPEN SESSION:
The Board reconvened in Open Session at 5.25 p.m.
Port Attorney David Alexander called on the Board Secretary to report on the final
actions taken by the Board in Closed Session. The Secretary reported that the
following Resolutions had passed by consensus in Closed Session:
REGULAR MEETING
July 1, 2003
Resolution 03161 Authorizing The Port Attorney To Initiate Litigation Against
Harding ESE For Claims Arising Out Of The Contract For Closure Of The Landfill At
The Former Lew F. Galbraith Golf Course, And Approving Increased Expenditure
Authority Of Special Counsel And Necessary Experts.
Resolution 03193 Approving Appointment of Special Counsel.
Resolution 03194 Approving Appointment of Special Counsel.
ADJOURNMENT:
There being no further business the Board adjourned.
Jo T. Betterton
OF THE
PORT OF OAKLAND
COMMISSIONERS
530 Water Street
FRANK KIANG
President
TELEPHONE: (510) 627-1100
JOHN PROTOPAPPAS
TAY YOSHITANI
Executive Director
DAVID L. ALEXANDER
Port Attorney
JOHN T. BETTERTON
PATRICIA A. SCATES
KENNETH S. KATZOFF
DAVID KRAMER
APPROVED MINUTES
Tuesday, July 15, 2003
ROLL CALL:
were in attendance:
Commissioner Ayers-Johnson, Commissioner Batarse, Commissioner Katzoff,
Commissioner Kramer, First Vice-President Protopappas, Second Vice-President Scates,
and President Kiang.
CLOSED SESSION:
The Port Attorney, David Alexander, asked the Board to consider adding three urgent matters
that arose after the publication of the Agenda. All three items were to be heard pursuant to
Conference With Legal Counsel - Anticipated Litigation - Significant exposure to litigation,
subdivision (b) of Section 54956.
By consensus, the Board approved hearing the items in Closed Session.
Closed Session Item 1 was pulled on the recommendation of the Port Attorney.
1.
subdivision (a) of Section 54956.9. Names of cases:
Berkeley Jets Over the Bay, et al. v. Port of Oakland, et al., California Court of
Appeal Case Nos. A086708/A087959/A089660
REGULAR MEETING
July 15, 2003
Property: Oakland Army Base
Negotiating Parties: Port of Oakland, Oakland Base Reuse Authority, Oakland
Agency Negotiator: Executive Director Tay Yoshitani
Under Negotiation: Price and Terms of Payment
OPEN SESSION:
President Kiang reconvened the Board in Open Session at 4:02 p.m.
Port Attorney David Alexander reported that no final action had been taken in Closed Session,
but that an additional Closed Session would be necessary at the conclusion of the scheduled
items.
RATIFICATION OF ELECTION OF OFFICERS:
A motion to approve a Resolution ratifying the July 1st election of
Commissioner Protopappas as President, Commissioner Scates
as First Vice-President, Commissioner Katzoff as Second VicePresident and John Betterton as Secretary of the Board was made
by Commissioner Kramer and seconded by Vice-President Scates.
The Motion carried by consensus.
Commissioner Kiang passed the gavel to President Protopappas, who spoke
about the accomplishments of the Board under President Kiang and
acknowledged the gratitude of the Commissioners for his leadership. Executive
Director Yoshitani thanked President Kiang on behalf of the staff.
Laura Mendoza of the Hispanic Chamber of Commerce congratulated the new
officers and Commissioner Batarse on his recent appointment to the Board.
PRESIDENT'S REPORT:
President Protopappas reported that the Port would receive the annual "Clean Air Champion"
Award from the Bay Area Air Quality Management District. San Leandro Mayor, Shelia Young
nominated the Port. The Port will be recognized for its compressed natural gas station, use of
electric vehicles, installation of charging stations for the use of the Port and Community,
adoption of requirements for use of alternative fuels by taxis, shuttles and ground service
equipment. The Port has received two other environmental awards this year.
REGULAR MEETING
July 15, 2003
President Protopappas reported that the Oakland Black Board of Trade and Commerce held
a business/community luncheon at the Waterfront Plaza Hotel where Commissioner AyersJohnson had been honored with a "Visionary Award",
The mast of the USS Oakland installed at Middle Harbor Shoreline Park will be dedicated in a
special ceremony to be held on July 17th.
On July 17th the Port will host free harbor tours. Approximately 1,000 people have signed up
for the tours. The next tour is scheduled for August 7, 2003.
The Port's Good Neighbor Breakfast Forum will be held on July 23 rd * Director of Commercial
Real Estate, Omar Benjamin will moderate a panel discussion.
The Black Expo – African American Excellence in Business, honored director of Social
Responsibility, Bernida Reagan with the 2003 "Workforce Development Advocate Award".
AIRPORT
Commissioner Kiang reported that the June 30th 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
Commissioner Kiang and seconded by Commissioner AyersJohnson.
A-1 Resolution 03197 Approving And Authorizing Execution Of Certain Agreement To Extend
Right-Of-Entry And Indemnity Agreement With Arthur M. Richard Doing Business As Industrial
Fleet Service.
A-2 Resolution 03198 Approving And Authorizing Execution Of A Certain License And
Concession Agreement With Avis Rent A Car System, Inc.
A-3 Resolution 03199 Approving a Lease From Sierra Academy Of Aeronautics, Inc. To
Business Jet Center Oakland, Limited Partnership And Approving Resolution Re-Authorizing
Consent To Assignment Of A Sublease From Business Jet Center Oakland, Limited
Partnership To Sierra Academy Of Aeronautics, Inc. Or An Affiliate.
A-4 Resolution 03200 Approving And Ratifying Issuance Of Change Order For Contract
With Rosendin Electric, Inc., For Improvement Of Runway And Taxiway Lighting, Marking,
And Control System, South Field, Oakland International Airport, A.I.P. 3-06-0170-21, Oakland,
California.
REGULAR MEETING
July 15, 2003
Commissioner Batarse raised a question regarding the awarding a contract to a
company currently in litigation with the Port. In response to the question, President
Protopappas asked that item A-5 be pulled to allow for an appropriate response from
staff.
International Airport, Oakland, California To O.C. Jones & Sons, Inc.; Fixing The
Amount Of Bonds; Rejecting All Other Bids And Directing Return Of Bid Bonds To
Bi4ders,
The motion to approve items A-1 through A-4 carried 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
Commissioner Kramer reported that at the June 26 th meeting of the Maritime
Committee, the Committee had recommended for approval, by the full Board, Maritime
Item M-1.
A motion to approve items M-1 and M-3 was made by
Commissioner Kramer and seconded by Commissioner Batarse.
M-1 Resolution 03201 Finding And Determining That It Is In The Best Interest Of The
Port To Procure Modular Building And Obtain Related Renovation And Installation
Services For The Maritime Division Without Competitive Bidding And Authorizing Said
Procurement On The Open Market.
Item M-2 was pulled on recommendation of staff.
M2
Approval of Change Order to ZPMC to Remove Same Cranes. (Resolution)
M-3 Resolution 03202 Approving And Authorizing Execution Of First Supplemental
Agreement Terminating Yang Ming Transport Corporation Terminal Use Agreement
(Ben E. Nutter Terminal) And Certain Related Actions.
President Protopappas
REGULAR MEETING
July 15, 2003
A motion to approve item M-4 was made by Commissioner Kramer
and seconded by Commissioner Batarse.
M-4 Resolution 03203 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 Ordinance Approving Alterations To The Port Area And
Relinquishing And Transferring Control Of Certain Property To The City Council).
President Protopappas
A motion to approve the following Ordinance was made by
Commissioner Kramer and seconded by Commissioner Batarse.
First Reading of "An Ordinance Approving Alterations To The Port Area And Relinquishing
And Transferring Control Of Certain Port Property To The City Council."
Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer,
Vice-President Scates, and President Protopappas
OPERATIONS
Vice-President Scates reported that the June 19 th meeting of the Audit, Budget & Finance
Committee had recommended for approval, by the full Board, Operations Item 0-1.
A motion to approve item 0-1 with the exception of the line item
adjustment was made by Vice-President Scates and seconded by
Commissioner Kiang.
0-1 Resolution 03204 Approving Annual Operating Budget And Authorizing The
Expenditure Of Certain Moneys Of The Port Of Oakland For The Fiscal Year 2003-2004.
Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Vice-President Scates,
and President Protopappas (I) No: Commissioner Kramer
REGULAR NIEETING
July 15, 2003
Commissioner Ayers-Johnson reported that the June 24 th meeting of the
Administrative Committee had recommended for approval, by the full Board,
Operations items 0-2 and 0-3.
A motion to approve items 0-2 and 0-3 was made by Commissioner
Ayers-Johnson and seconded by Commissioner Kramer.
0-2 First Reading of Port Ordinance No.
Being, "Amending Port Ordinance No.
867, Amending Sections 7.1381, 7.1382 And 7.1389."
Jose Duenas of the Bay Area World Trade Center spoke in support of item 0-3
0-3 Resolution 03205 Approving And Authorizing Contribution Of Port Funds For
Funding Support Of The Bay Area World Trade Center.
Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer,
Vice-President Scates, and President Protopappas
A motion to approve the Minutes of July 1' was made by Vice-President
Scates and seconded by Commissioner Ayers-Johnson.
SUMMARY ITEMS:
A motion to approve Summary Items S-1 through S-4 was made by
Vice-President Scates and seconded by Commissioner Batarse.
S-1 Resolution 03206 Approving Building Permit With United Airlines. Inc.
S-2 Resolution 03207 Approving Building Permit With Southwest Airlines, Inc.
S-3 Final Reading of Port Ordinance No. 3755, "Approving Additional Signatories to the
Airline Operating Agreement and Space/Use Permit at Oakland International Airport (#1
Airport Drive, South Airport)."
S-4 Final Reading of Port Ordinance No. 3756, "An Ordinance Approving And Authorizing
The Execution Of Lease With Bayair, Inc. And Mr. John Roth."
REGULAR MEETING
July 15, 2003
OPEN SESSION:
There where no final actions taken in Closed Session.
ADJOURNMENT:
John T. Betterton
JOHN PROTOPAPPAS
President
PATRICIA A. SCATES
PORT OF OAKLAND
530 Water Street • Oakland, California 94607
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
E-Mail: [email protected]
WEB: www.portofoakland.com
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
APPROVED MINUTES
Tuesday, August 5, 2003 - 3:00 PM
ROLL CALL
President Protopappas called the meeting to order at 3:00 p.m., and the following
Commissioners were in attendance:
Commissioner Avers-Johnson, Commissioner Batarse, Second Vice-President
Katzoff, Commissioner Kiang, Commissioner Kramer, First Vice-President Scates
and President Protopappas
EMERGENCY/URGENCY ITEM
Port Attorney David Alexander asked the Board to approve a Resolution to hear an
item that arose after publication of the Agenda and requiring urgent action.
A Motion To Approve The Resolution (03223) To Hear The Emergency/Urgency
Item Was Made By Commissioner Ayers-Johnson And Seconded By
FIRST CLOSED SESSION
Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of
REGULAR MEETING
August 5, 2003
discussed in Closed Session
Pacific Coast Building Products v. Lumbermen Mutual Casualty Company,
City of Oakland v. EK Lumber (Union Point Park), et al., United States District
Court, Northern District of California, Case No. CO2-3484 CRB IVIED
United States Bankruptcy Court for the Northern District of Illinois Eastern
Division in re: UAL Corporation, et al., Case No. 02-48191 Jointly Administered
Chapter 11 Cases
2.
Conference With Legal Counsel – Anticipated Litigation.
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
(7 Matters)
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
Agency Negotiator: Executive Director Tay Yoshitani
Property: Various Properties in Oakland, CA
Negotiating Parties: Port of Oakland and Tenants
Agency Negotiator: Director of Commercial Real Estate, Omar Benjamin
4.
Public Employee Discipline/Dismissal/Release (2 Matters)
OPEN SESSION
President Protopappas reconvened the Board in Open Session at 4:14 p.m.
Port Attorney David Alexander reported that no final action had been taken in Closed
Session, but that an additional Closed Session would be necessary at the conclusion
of the scheduled items.
REGULAR MEETING
August 5, 2003
PRESIDENT'S REPORT
President Protopappas called on Commissioner Batarse to report on his recent
participation in the Airport Commissioner's Conference in San Francisco.
Commissioner Batarse reported that he attended the conference sponsored by
Airport Council International and the American Association of Airport Executives. He
met many of the 100 Commissioner's in attendance who thanked him for the Port's
sponsorship of the conference reception.
The Alameda County Transportation Authority awarded the Port a $4.2M grant and a
line of credit for completion of the Airport Roadway Project.
The AgriBusiness President's Council, comprised of the State's top agricultural
leaders, visited the Port for their quarterly meeting. They where briefed on the
history of the Port and taken on both a harbor and landside operations tour.
The Port of Oakland's Aviation Division, Properties Department, held a meeting with
potential new Airport concessionaires to discuss opportunities created by the
Terminal Expansion Program. Commissioner Ayers-Johnson attended.
AIRPORT
Commissioner Kiang reported that the July 28th meeting of the Aviation Committee
had recommended for approval, by the full Board, Airport Items A-1 through A-3.
A motion to approve Items A-1 through A-3 was made by Commissioner Kiang
and seconded by Commissioner Ayers-Johnson.
A-1 Authorization To Accept Federal Aviation Administration (FAA) Grant Offer.
(Resolution 03212)
The motion to approve Item A-1 carried by the following votes: (7) Ayes:
Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President Katzoff,
Commissioner Kiang, Commissioner Kramer, Vice-President Scates, and
REGULAR MEETING
August 5, 2003
A-2 Award Of Contract For Replacement Of Terminal 1 Automatic And Manual Doors,
Building M-101, South Field, OIA. (Resolution 03213)
Commissioner Ayers-Johnson, Commissioner Kiang, Commissioner Kramer,
Vice-President Scates, and President Protopappas (2) Noes: Commissioner
Batarse and Vice-President Katzoff.
A-3 Award Of Contract For Construction Of Asphalt Concrete Overlay Of Taxiway
Uniform Between Taxiways T And W, South Field, OIA. (Resolution 03214)
Vice-President Scates reported that at the July 16 th meeting of the Commercial Real
Estate Committee, the Committee had recommended for approval, by the full Board,
Item C-1 through C-3.
A motion to approve Items C-/ through C-3 was made by Vice-President Scates
and seconded by Commissioner Kiang.
C-1 Approval Of Rate Increase For The Alameda Oakland Ferry And Amendment To
Contract With Blue And Gold Fleet For A Six Month Term Extension. (Resolution
03215)
There was one public speaker on Item C-1: Sarijiv Handa.
C - 2 Approval Of Fiscal Year 03-04 Annual Target Rental Rates For License And
Concession Agreements. (Resolution 03216)
C-3 Public Hearing And Approval Of An Ordinance Revising Section 1 Of the Oakland
Airport Business Park Standards And Restrictions (P.O. No. 2832, As Amended) To
Expand The Boundary, and Section 2 To Revise Certain Standards. (Resolution
03217)
The Secretary of the Board opened the hearing to the public. There where no
public speakers on the item and the hearing was then closed.
REGULAR MEETING
August 5, 2003
The motion to approve items C-/ through C-3 carried by the following votes:
(7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, Vice-President
Scates, and President Protopappas.
MARITIME
Commissioner Kramer reported that at the July 24th meeting of the Maritime
Committee, the Committee had recommended for approval, by the full Board,
Maritime Items M-1 through M-6.
A motion to approve Items M-1 through M-7 was made by Commissioner
Kramer and seconded by Commissioner Ayers-Johnson.
M - 1 An Ordinance Recommending That The Board Approve A Renewal Of The Lease
Agreement With U.S. Customs.
M - 2 Rejection Of Bid And Authorization To Negotiate Award Of Contract For Rigging And
Repair Of 2003 Structural Inspection of ZPMC Cranes X437, X438, And X439 At
Berth 35 And Berth 23, Outer Harbor. (Resolution 03218)
M - 3 Approval Of Project Manual For Furnishing Labor, Material And Equipment For Spot
Painting Of Port Of Oakland Cranes For The Period Commencing October 1, 2003
And Ending September 30, 2004, 2005 Or 2006. (Resolution 03219)
M - 4 Recommendation To Request The Vacation Of Martin Luther King, Jr. Way,
Southerly Of Embarcadero. (Resolution 03220)
M - 5 Recommendation To Dispense With Formal Bids For Removing Container Crane
X401 From Berth 20 And Crane X423 From Berth 37, And Approval To Rescind The
Board Approval Of Change Order To ZPMC To Remove Same Cranes. (Resolution
03221)
M - 6 Approval Of Acceptance Of Regulatory Permits, Including Waste Discharge
Requirements And Water Quality Certification, For Maintenance Dredging Program.
(Resolution 03222)
M - 7 Resolution 03223 Authorizing a new right of entry agreement and an agreement or
agreements to extend existing rights of way agreements with the California
Department of Transportation required for the San Francisco Oakland Bay Bridge
East Span seismic Safety Project (Resolution 03223) (see above Resolution
03223)
REGULAR MEETING
August 5, 2003
The motion to approve items M-1 through M-7 carried by the following votes:
OPERATIONS
Commissioner Ayers-Johnson reported that the July 22nd meeting of the
Operations Items 0-1 through 0-3.
A motion to approve Operations Items 0-1 through 0-3 was made by
Commissioner Ayers-Johnson and seconded by Commissioner Kramer.
0-1 Appointment of Director of Engineering – Gerald Serventi. (Resolution 03225)
0-2 Approval To Enter Into Supplemental Agreement With 2 Plus 2 Partners For Annual
Website Maintenance and Consultation. (Resolution 03226)
0-3 Approval To Enter Into Agreement With Geoff Dorn For Public Art Consultation And
Administrative Services. (Resolution 03227)
There was one public speaker on Item 0-3: Sanjiv Handa
The motion to approve items 0-1 through 0-3 carried by the following votes:
Vice-President Scates reported that the July 17 th meeting of the Audit, Budget &
Finance Committee had recommended for approval, by the full Board, Operations
Item 0-5.
A motion to approve Operations Item 0-5 was made by Vice President Scates
e . .e . •ss
e
Understanding With The City Of Oakland For Special Services Payments For Fiscal
Years Ending Junc 30, 2001 Through June 30, 2004. (Resolution)
0-4 PULLED BY CONSENSUS OF THE BOARD A
ce e
1) ••• ••
REGULAR MEETING
August 5, 2003
0-5 Authorization To Renew The Potomac Hull And Machinery And Protection And
Indemnity Insurance. (Resolution 03229)
The motion to approve item 0-5 carried by the following votes: (7) Ayes:
CITY/PORT LIAISON
Vice –President Katzoff reported on the July 18 th meeting of the City/Port Liaison
Committee.
There was one public speaker on the report: Sanjiv Handa.
A motion to accept the report of the City/Port Liaison Committee was made by
Vice-President Katzoff and seconded by Commissioner Ayers-Johnson.
APPROVAL OF THE MINUTES
Vice-President Scates asked that the minutes be changed to reflect that Resolution
03204 was passed by the Board without specific approval of a necessary line item
adjustment.
A motion to approve the Minutes of July 15 th was made by VicePresident Scates and seconded by Vice President Katzoff.
SUMMARY ITEMS
Commissioner Kramer and seconded by Commissioner Ayers-Johnson.
REGULAR MEETING
August 5, 2003
BUILDING PERMIT APPLICATIONS
S-1
Construction of a golf course driving range with 20 high mast fence poles with
netting, four (4) high mast light poles and a range hut for dispensing golf balls. The
location and height of each fence and light pole is subject to obtaining a "No Hazard
to Air Navigation" determination by the FAA acceptable to the Port, prior to the start
of work and at project completion. Project includes related electrical work. This
project has been determined to be exempt from the requirements of the California
Environmental Quality Act pursuant to Class 2, Section 15302(b). (Resolution
03230)
S-2
Installation of an office trailer, relocation of the Airport security fence, construction of
21 parking spaces in the former aircraft ramp area and installation of site
landscaping. Location and height of work is subject to a "No Hazard to Air
Navigation" determination by the FAA prior to the start of work. The Port retains final
authority to review and approve the FAA determination. Project includes related
electrical and mechanical work and ADA upgrades. This project has been
determined to be exempt from the requirements of the California Environmental
Quality Act pursuant to Class 11, Section 15311. (Resolution 03231)
S-3
Installation of one (1) new Boarding Podium at each of the 12 Southwest Airlines
Passenger Gates and installation of United States Postal Service required bar code
tracking scanner at the ramp area of Terminals 1 and 2. Project includes related
electrical and data communications work. This project has been determined to be
exempt from the requirements of the California Environmental Quality Act pursuant to
Class 1(a), Section 15301. (Resolution 03232)
ORDINANCES SUBMITTED FOR SECOND AND FINAL READING
S-4 Port Ordinance No. 3757 Being, "Approving And Authorizing The Execution Of
Lease With The United States Of America."
S-5 Port Ordinance No. 3758 Being, "An Ordinance Approving Alterations To The Port
Area And Relinquishing And Transferring Control Of Certain Port Property To The
City Council."
There was one public speaker on Item S-5: Sanjiv Handa
S-6 Port Ordinance No. 3759 Being, "Amending Port Ordinance No. 867, Amending
Sections 7.1381, 7.1382 And 7.1389,"
The motion to approve the Summary Items carried by the following votes: (7)
Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President
Katzoff, Commissioner Kiang, Commissioner Kramer, Vice-President Scates,
and President Protopappas.
-8-
REGULAR MEETING
August 5, 2003
OPEN FORUM
Sanjiv Handa spoke in Open Session.
Executive Director Tay Yoshitani congratulated Gerald Seventi on his appointment as
Director of Engineering and thanked him for his 25 years of service to the Port Of
Oakland
The Board returned to Close Session at the hour of 5:25.
OPEN SESSION
The Board reconvened in Open Session at the hour of 6:07.
Port Attorney David Alexander asked the Board Secretary to report action taken on
four Resolutions in Closed Session:
A Resolution Appointing Bell, Rosenberg And Hughes Special Council (Resolution
03209)
The motion to approve Resolution 03209 carried by the following votes: (7)
A Resolution Appointing Wulfsberg, Reese, Colvig & Firstman Special Council
(Resolution 03210)
A Resolution Authorizing Execution Of A Settlement Agreement With Waste
Management Of Alameda County, Oakland Scavenger And Pacific Disposal
Company (Resolution 03211)
-9-
REGULAR MEETING
August 5, 2003
A Resolution Authorizing Certain Layoffs (Resolution 03290)
Katzoff, Commissioner Kiang, Vice-President Scates, and President
Protopappas. (1) No: Commissioner Kramer.
ADJOURNMENT
John T. Betterton,
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, September 2, 2003 - 3:00 PM
ROLL CALL
Commissioner Ayers-Johnson, Commissioner Batarse, Second Vice-President
Katzott, Commissioner Kiang, Commissioner Kramer, First Vice-Hresi g ent Scates
CLOSED SESSION
City of Oakland v. EK Lumber (Union Point Park), et al., United States District
Court, Northern District of California, Case No. CO2-3484 CRB MED
United States Bankruptcy Court for the Northern District of Illinois Eastern
Division in re: UAL Corporation, et al., Case No. 02-48191 Jointly Administered
Chapter 11 Cases
2.
(7 Matters)
REGULAR MEETING
September 2, 2003
3.
Property:
4.
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Property:
Agency Negotiator:
Under Negotiation:
Various Properties in Oakland, CA
Port of Oakland and Tenants
Director of Commercial Real Estate, Omar Benjamin
Public Employee Discipline/Dismissal/Release (2 Matters)
OPEN SESSION
Commissioner Kiang was excused for the remainder of the meeting.
Port Attorney David Alexander called on the Board Secretary to report on final
actions taken in Closed Session. The Secretary reported that the Board had taken
action on the following:
Resolution 03233 Compromising And Settling Claims And Authorizing Execution Of
Stipulated Settlement with Carolyn Frazier.
An Ordinance Approving And Authorizing Execution And Delivery Of Quitclaim
Deeds To The State Of California ("State"), Of An Amendment To The Port Lease
With Crown Castle GT Company LLC ("Crown") And Of An Amendment To Port
Lease With Sprint Spectrum L.P. ("Sprint"), And Authorizing The Acceptance Of
Transfer By The State To The Port Of Certain Property Interests In Land At And
Adjacent To Former Oakland Army Base ("OAB").
Both actions where approved 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 the following:
Congresswoman Barbara Lee, Congressman George Miller and staff from Senator
-2-
REGULAR MEETING
September 2, 2003
Boxer's Office where given a tour of baggage screening security checkpoints at the
Airport. The tour was conducted by the Transportation Security Administration.
The Chamber of Commerce hosted a breakfast forum on federal transportation
funding issues. The guest speaker, introduced by Executive Director Yoshitani, was
Congresswoman Ellen Tauscher.
Interim City Manager Deborah Edgerly is scheduled to tour the Maritime facilities at
the Port. Maritime Director Jerry Bridges and Commissioner Batarse will host her
tour.
Deputy Executive Director Joe Wong reported the following:
Community Relations Representative Monica Tell was honored by the Association of
California Commissions on Women and the Alameda County Commission on
Women with their 2003 Women in Industry Award.
The Port held the Ninth Annual Port Employee's Scholarship Fund Golf Tournament.
More than 150 people participated in the Tournament. Since 1995 the fund has
awarded more than $212,000 to 125 students.
The Oakland Airport opened a new interim rental car facility to consolidate pick-up
and return functions for all rental companies. The facility will operate until the new
garage is constructed, and the companies return to their previous location directly
across from the terminals.
AIRPORT
Commissioner Ayers-Johnson reported that the August 29 th meeting of the
Aviation Committee had recommended for approval, by the full Board, Airport Items
A-1 through A-12.
A motion to approve Items A-1 through A-12 was made by Commissioner
Ayers-Johnson and seconded by Commissioner Batarse.
A-1
Resolution 03234 Approving And Authorizing Execution Of Certain Agreement To
Extend Right-Of-Entry And Indemnity Agreement With The San Francisco Bay Area
Rapid Transit District.
A-2
Resolution 03235 Approving And Authorizing Execution Of A Certain License And
Concession Agreement With OneSource Building Services, Inc.
REGULAR MEETING
September 2, 2003
A-3
Concession Agreement With San Francisco Parking, Inc.
A-4
Concession Agreement With Southwest Airlines Co.
Concession Agreement With Trans-Box Systems, Inc.
A-5
A-6
Extend Right-Of-Entry And Indemnity Agreement With SCIS Air Security Corporation.
A-7
An Ordinance Approving And Authorizing Execution Of A Lease With The United
States Of America, Department Of Transportation, Federal Aviation Administration
For The Operation Of Automated Surface Observing System Equipment.
A-8
An Ordinance Approving And Authorizing Execution Of A Lease With The United
For The Operation Of Remote Transmitter/Receiver Facility.
A-9
An Ordinance Approving And Authorizing Execution Of Leases With The United
For The Operation Of Precision Approach Path Indicator Light Systems (North And
South Airports).
A-10
Resolution 03240 Finding And Determining That It Is In The Best Interest Of The Port
To Award The Contract For Testing And Maintenance Of The Fire Life Safety
System, Oakland International Airport, Oakland, California, Without Lowest Sealed
Bid Procedures And Authorizing Execution Of Contract For Such Work Based On
Receipt Of Informal Proposals.
A-11
Resolution 03241 Approving Plans And Specifications For Construction Of Asphalt
Concrete Overlay Of Taxiway A, East Of Taxiway B, North Field, Oakland
International Airport, Oakland, California, A.I.P. 3-06-0170-29, And Calling For Bids
Therefor.
A-12
Resolution 03242 Delegating Authority To Execute Director To Waive The
Requirement That Turner Construction Award Subcontracts For The Terminal II
Projects In Accord With Port Ordinance No. 1606, To Authorize Turner To Award
Subcontracts Through Informal Bids And Direct Negotiation In Accord With Port's
Non-Discrimination And Small And Local Business Utilization Policy, And Include The
Appropriate Subcontract Packages In The Port's Small Business Program.
REGULAR MEETING
September 2, 2003
The motion to approve items A-1 through A-12 carried by the following votes:
(6) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kramer, Vice-President Scates, and President
Protopappas. (1) Absent: Commissioner Kiang.
Vice-President Scates reported that at the August 6 th meeting of the Commercial
Real Estate Committee, the Committee had recommended for approval, by the full
Board, Item C-1 through C-2.
A motion to approve Item C-I was made by Vice-President Scates and
C-1
Extend Right-Of-Entry And Indemnify Agreement With Wagner Construction JV.
The motion to approve items C-I carried by the following votes: (6) Ayes:
Commissioner Kramer, Vice-President Scates, and President Protopappas. (1)
Absent: Commissioner Kiang.
A motion to approve Item C-2 was made by Vice-President Scates and
C-2
An Ordinance Authorizing The Execution Of An Option Agreement With OHP
Partners LLP For The Port-Owned Property Consisting Of Approximately 60 Acres
Bounded By Oak Street And 9 th Avenue, The Embarcadero And The Oakland
Estuary.
Director of Commercial Real Estate, Omar Benjamin, reported on the project timeline
and obstacles to a final agreement. Project Developer, Michael Ghielmetti, gave a
brief overview of the project.
The following members of the public spoke on this item: Charles Steidtman, Naomi
Schiff, Steve Lowe, Sandra Threlfall, Sanjiv Handa, Andy Nelsen, Elena Serraro,
James Thomas, Barbara Kong-Brown, Moses Mayne, Y.H. Lee, Obray Van Buren,
Mike Dunlap and Barry Lubovisky.
The motion to approve item C-2 carried by the following votes: (6) Ayes:
Commissioner Kramer, Vice-President Scates, and President Protopappas. (1)
Absent: Commissioner Kiang.
REGULAR MEETING
September 2, 2003
MARITIME
Commissioner Kramer reported that at the August 28 th meeting of the Maritime
Kramer and seconded by Commissioner Batarse.
M-1 Resolution 03244 Finding And Determining That A Proposed Agreement With Ben
C. Gerwick, Inc. For Consulting Services Constitutes Professional, Technical And
Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding
And Authorizing Execution Of Agreement.
M-2
Resolution 03245 Approving And Accepting Regulatory Permits Including Waste
Discharge Requirements And Water Quality Certification For Shoreline
Maintenance And Minor Construction Projects In Connection With The Maritime
And Commercial Real Estate Areas.
M-3
Resolution 03246 Approving And Accepting San Francisco Bay Conservation And
Development Commission Permit And Water Quality Certification For The
Reconstruction Of The Berth 22 Wharf And Reconfiguration Of Adjacent Yards.
M-4
Resolution 03247 Approving And Authorizing Execution Of Fourth Supplemental
Agreement To Berths 55-56 Nonexclusive Preferential Assignment Agreement With
Total Terminals International, LLC.
(6) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kramer, Vice-President Scates, and
President Protopappas. (1) Absent: Commissioner Kiang.
OPERATIONS
Operations Items 0-1 through 0-4.
A motion to approve Operations Items 0-1 through 0-4 was made by
REGULAR MEETING
September 2, 2003
0-1
Resolution 03249 Finding And Determining That A Proposed Second Supplemental
Agreement With F. W. Associates, Inc. For Consulting Services Constitutes
Agreement.
Resolution 03250 Finding And Determining That A Proposed First Supplemental
Agreement With Damatt Engineering, Inc. For Consulting Services Constitutes
Agreement.
Agreement With Teecom Design Group For Consulting Services Constitutes
Agreement.
Agreement With NBA Engineering, Inc. For Consulting Services Constitutes
Agreement.
0-2
Resolution 03253 Finding And Determining That A Proposed Agreement With IHI
Environmental, Inc. For Consulting Services Constitutes Professional, Technical
And Specialized Services That Are Temporary In Nature, Waiving Competitive
Resolution 03254 Finding And Determining That A Proposed Agreement With
Winzler & Kelly Consulting Engineers, Inc. For Consulting Services Constitutes
0-3
Resolution 03255 Finding And Determining That A Proposed Agreement With Katz,
Kutter, Alderman And Bryant, P.A. For Consulting Services Constitutes
0-4
An Ordinance Amending Port Ordinance No. 867 To Create The New Position Of
Manager, Benchmarking & Special Projects.
The motion to approve Items 0-1 through 0-4 carried by the following votes:
-7-
REGULAR MEETING
September 2, 2003
Vice-President Scates reported that the August 21 st meeting of the Audit, Budget &
Finance Committee had recommended for approval, by the full Board, Operations
Items 0-5 through 0-7.
A motion to approve Operations Item 0-5 through 0-7 was made by Vice
President Scates and seconded by Commissioner Kramer.
0-5
Resolution 03256 Finding And Determining That A Proposed Agreement With C. H.
Elliot & Associates For Consulting Services Constitutes Professional, Technical
And Specialized Services That Are Temporary In Nature, Waiving Competitive
Ricondo & Associates, Inc. For Consulting Services Constitutes Professional,
Technical And Specialized Services That Are Temporary In Nature, Waiving
Competitive Bidding And Authorizing Execution Of Agreement.
Norbridge, Inc. For Consulting Services Constitutes Professional, Technical And
0-6
ONSITE Engineering & Environmental, A Division Of ONSITE Companies For
Consulting Services Constitutes Professional, Technical And Specialized Services
That Are Temporary In Nature, Waiving Competitive Bidding And Authorizing
Execution Of Agreement.
0-7
Resolution 03260 Approving And Authorizing Execution Of A Supplemental
Agreement To Memorandum Of Understanding With The City Of Oakland For
Provision Of And Payment For Fiscal Years 2001-2002, 2002-2003 And 2003-2004
Special Services.
There was one public speaker on this item: Sanjiv Hands.
The motion to approve Items 0-5 through 0-7 carried by the following votes:
A motion to approve Operations Item 0-8 was made by Vice President Scates
0-8
NorCal FDC. To Administer Port Surety Bond Guarantee Program And For Various
-8-
REGULAR MEETING
September 2, 2003
Funds Control And Accounting Services Constitutes Professional, Technical And
And Authorizing Execution Of An Agreement Therefor And Ratifying And Approving
Execution Of Agreements To Effectuate Continuation Of Said Program And
Extension Of Port Obligations Thereunder.
Katzoff, Commissioner Kramer, and President Protopappas. (1) No: VicePresident Scates (1) Absent: Commissioner Kiang.
Resolution 03262 Approving Extension And Enhancement Of Port Surety Bond
Program.
Katzoff, Commissioner Kramer, Vice-President Scates, and President
A motion to approve the Minutes of August 5, 2003 was made by VicePresident Katzoff and seconded by Vice President Scates.
SUMMARY ITEMS
Commissioner Kramer and seconded by Commissioner Ayers-Johnson.
BUILDING PERMIT APPLICATIONS
S-1
Resolution 03263 Approving Building Permit With Aloha Airlines, Inc.
S-2
Resolution 03264 Approving Building Permit With Southwest Airlines, Inc.
S -3
Port Ordinance No. 3760 Being, "An Ordinance Amending Section 1 And 2 of Port
Ordinance No. 2832, As Amended, To Expand The Boundary Of The Oakland
Airport Business Park, And To Make Related Revisions To The Airport Business
Park's Development Standards And Restrictions."
S-4
Port Ordinance No. 3761 Being, "An Ordinance Approving And Authorizing The
Execution Of Lease With The United States Of America."
-9-
REGULAR MEETING
September 2, 2003
Katzoff, Commissioner Kramer, Vice-President Scates, and President
OPEN FORUM
ADJOURNMENT
There being no further business the Board adjourned at 6:13 p.m.
John Betterton, Secretary
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. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, September 16, 2003 - 3:00 PM
ROLL CALL
Commissioner Ayers-Johnson, Commissioner Batarse, Second Vice-President
Katzoff, First Vice-President Scates and President Protopappas
Commissioners Kiang and Commissioner Kramer were excused.
CLOSED SESSION
1.
Berkeley Keep Jets Over The Bay, et. al. v. Port of Oakland, et. al.,
California Court of Appeals Case Nos. A086708/A087959/A089660
2.
3.
(5 Matters)
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
REGULAR MEETING
September 16, 2003
Property: Oak to Ninth Avenue, Oakland, CA
Negotiating Parties: Port of Oakland and Oakland Harbor Partners
4.
Public Employee Performance Evaluation.
Title: Director of Engineering
Director of Maritime
Chief Financial Officer
OPEN SESSION
actions taken in Closed Session. The Secretary reported that the Board had taken
action on the following:
Resolution 03265 Approving And Authorizing Execution Of A Settlement Agreement
And Release With National Union Fire Insurance Company of Pittsburgh, Pa
("National Union") Concerning Environmental Contamination At Ninth Avenue
Terminal.
Resolution 03266 Approving and Authorizing Execution of A Settlement Agreement
And Release With National Union Fire Insurance Company of Pittsburgh, Pa
("National Union") Concerning Environmental Contamination At The Former Cryer
Boatyard Site.
Resolution 03267 Approving And Authorizing Execution of Exclusive Negotiating
Agreement With Arrowhead Marsh Partners LLC.
The actions where approved by the following votes: (5) Ayes: Commissioner
Ayers-Johnson, Commissioner Batarse, Vice-President Katzoff, Vice-President
Scates, and President Protopappas; (2) Absent: Commissioner Kiang and
Deputy Executive Director Joe Wong reported the following:
On September 17 th the Port will host a delegation from the Shenzen Chamber of
Commerce along with County Supervisor Alice Lai-Bitker.
REGULAR MEETING
September 16, 2003
Interim City Manager Deborah Edgeley toured the Port's Maritime facilities with
Commissioner Batarse, Deputy Executive Director Joe Wong and Director of
Maritime Jerry Bridges
AIRPORT
Aviation Committee had recommended for approval, by the full Board, Airport Items
A-1 and A-2.
A motion to approve Items A-1 and A-2 was made by Commissioner AyersJohnson and seconded by Vice-President Katzoff.
A-1
Resolution 03268 Approving And Ratifying Issuance Of Change Order For Contract
With Netversant, Inc., To Furnish And Install PBX Telephone Switch, South Field,
Oakland International Airport, Oakland, California.
A-2
Agreement With HNTB Corporation For Consulting Services Constitutes
Agreement.
'The motion to approve items A-1 through A-2' carried by the following votes:
(5) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Vice-President Scates, and President Protopappas. (2)
Absent: Commissioner Kiang and Commissioner Kramer.
Vice-President Scates reported that at the September 10th meeting of the
Commercial Real Estate Committee, the Committee had recommended for approval,
by the full Board, Item C-1.
President Protopappas recused himself from all discussion, deliberation or decisionmaking on this item.
A motion to approve Item C-1 was made by Vice President Scates and
C-1
An Ordinance Making Certain Findings And Determinations In Support Of, And
Authorizing Execution Of A Purchase And Sale Agreement With Food Specialists,
Inc., For The Port Of Oakland's Sale Of An Approximately 1.75 Acre Parcel Of Land
Located At Embarcadero And East 7 th Street.
REGULAR MEETING
September 16, 2003
The motion to approve items C-1 carried by the following votes: (4) Ayes:
Vice-President Scates. (2) Absent: Commissioner Kiang and Commissioner
Kramer. (1) Recused: President Protopappas.
MARITIME
Commissioner Batarse reported that at the August 28th meeting of the Maritime
Batarse and seconded by Commissioner Ayers-Johnson.
M-1
Resolution 03270 Finding And Determining That It Is In The Best Interest Of The
Port To Contract For Annual Dredging Of Port Of Oakland Berths For The Period
Commencing January 1, 2004, And Ending December 31, 2004, 2005 Or 2006,
Oakland, California, Without Lowest-Sealed Bid Procedures And Authorizing
Execution Of A Contract For Such Work Based On Receipt Of Informal Proposals.
M -2
Resolution 03271 Approving And Ratifying Amount Exceeding The Purchase Order
Contract Limits For Wharf Repair Work To Berth 58, Oakland, California.
M -3
Resolution 03272 Authorizing Acceptance Of Marad/TSA Federal Security Grants'
Authorizing Execution Of Grant Agreements; Authorizing Procurement And
Installation Of Traffic Control/Crash Barriers Without Lowest-Sealed Bid
Procedures; Authorizing Issuance Of Change Order To C. Overaa & Co.; And
Delegating Authority To Resolve Bid Protests.
(5) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Vice-President Scates, and President Protopappas. (2)
Absent: Commissioner Kiang and Commissioner Kramer.
A motion to approve the Minutes of September 2, 2003 was made by
Commissioner Ayers-Johnson and seconded by Vice-President
Katzoff.
REGULAR MEETING
September 16, 2003
SUMMARY ITEMS
Commissioner Ayers-Johnson and seconded by Commissioner Batarse. Item
S-4 was pulled on the recommendation of staff.
S-1
Port Ordinance No. 3762 Being, "An Ordinance Approving And Authorizing
Execution Of A Lease With The United States Of America, Department Of
Transportation, Federal Aviation Administration For The Operation Of Automated
Surface Observing System Equipment."
S-2
Port Ordinance No. 3763 Being, An Ordinance Approving And Authorizing
Execution Of A Lease With The United States Of America, Department Of
Transportation, Federal Aviation Administration For The Operation Of Remote
Transmitter/Receiver Facility."
S-3
Execution Of Leases With The United States Of America, Department Of
Transportation, Federal Aviation Administration For The Operation Of Precision
Approach Path Indicator Light Systems (North And South Airports)."
nance No. 3765 Being, "An Ordinance Approving And
LLC."
S-5
Execution And Delivery Of Quitclaim Deeds To The State Of California ("State"), Of
An Amendment To The Port Lease With Crown Castle GT Company LLC ("Crown")
And Of An Amendment To Port Lease With Sprint Spectrum L.P. ("Spring"), And
Authorizing The Acceptance Of Transfer By The State To The Port Of Certain
Property Interests In Land At And Adjacent To The Former Oakland Army Base
("OAB")."
S-6
Port Ordinance No. 3767 Being, "An Ordinance Amending Port Ordinance No, 867
To Create The New Position Of Manager, Benchmarking & Special Projects."
The motion to approve the Summary Items carried by the following votes: (5)
Katzoff, Vice-President Scates, and President Protopappas. (2) Absent:
Commissioner Kiang and Commissioner Kramer.
REGULAR MEETING
September 16, 2003
OPEN FORUM
There where no public speakers in Open Forum.
ADJOURNMENT
John r Betterton, Secretary
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. BETTERTON
FRANK KIANG
Commissioner
MINUTES
DAVID KRAMER
Commissioner
Tuesday, October 7, 2003 - 3:00 PM
ROLL CALL
Second Vice-President Katzoff, Commissioner Kramer, First Vice-President
Scates and President Protopappas.
Commissioners Ayers-Johnson and Commissioner Batarse where both traveling
outside the Country.
Commissioner Kiang joined the meeting at 3:05
CLOSED SESSION
1.
(5 Matters)
2.
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
REGULAR MEETING
October 7, 2003
Property: Oak to Ninth Avenue, Oakland, CA
Negotiating Parties: Port of Oakland and Oakland Harbor Partners
Property: Berths 67-68 Terminal Facilities
Negotiating Parties: Port of Oakland and SSA Terminals LLC
Agency Negotiator: Director of Maritime, Jerry Bridges
OPEN SESSION
actions taken in Closed Session, and informed the public that a 2 nd Closed Session
would be necessary after Open Forum. The Secretary reported that the Board had
taken action on the following:
Resolution 03273 Approving Appointment Of O'Melveny & Myers Special Counsel.
. Z / 4 Approving /Appointment ut
r<esolution U S
ana Laraner bpeciai uounsei.
Resolution 03275 Approving And Authorizing The Execution Of Tolling Agreements
With Berkeley Ready Mix Col, Inc. Dba Oakland Ready Mix And Berkeley Oakland
Ready Mix ("BORN"), Hanson Aggregates Mid-Pacific, Inc. ("HANSON") And
Oakland Harbor Partners, LLC ("OHP"), Concerning Contaminated Soil At 401
Embarcadero Road, Oakland, California.
All three Resolutions where approved by the following votes: (5) Ayes: VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, Vice-President
Scates, and President Protopappas. (2) Absent: Commissioner Ayers-Johnson
and Commissioner Batarse.
PRESIDENT'S REPORT
President Protopappas reported that the Port had been granted an exemption from
the Executive Order banning Project Labor Agreements.
REGULAR MEETING
October 7, 2003
The Port welcomed the Assistant Secretary of the Army, John Woodley to the Port of
Oakland. The Secretary had an opportunity to observe the 50-foot dredging project,
and expressed encouragement for our collaboration with the Army Corps of
Engineers.
The decommissioned Aircraft Carrier Midway is docked at the Howard Terminal Pier
where it will be repainted before moving to San Diego to begin duty as a naval
museum.
The tall ship Heraclitus will arrive back at the Port where it was built and launched.
The ship has been away for 28 years doing scientific research on coral reefs.
AIRPORT
Commissioner Kiang reported that the September 29 th meeting of the Aviation
Committee had recommended for approval, by the full Board, Airport Items A-1 and
A-8.
item
/-k-Z
was puiiea on me recommenaation or starr.
A motion to approve Items A-1 and A-3 through A-8 was made by
Commissioner Kiang and seconded by Vice President Katzoff.
A-1
Kennedy/Jenks Consultants For Consulting Services Constitutes Professional,
Competitive Bidding And Authorizing Execution Of Agreement.
A-2
Pulled. Approval 0
Explosive Detection System In Terminal 2, Oakland International Airport.
{Resolution)
A-3
An Ordinance Approving And Authorizing Execution Of Lease Supplemental No. 2
With The United States Of America, Department Of Transportation, Federal Aviation
Administration, For Extension Of Lease Term And Addition Of Security Clause Re
8250 Earhart Road (North Airport).
A-4
Extend Right-Of-Entry And Indemnity Agreement With Huntleigh USA Corporation.
REGULAR MEETING
October 7, 2003
A-5
Resolution 03278 Approving And Authorizing Execution of Certain Agreement To
Extend Right-Of-Entry And Indemnity Agreement With Pacific Western Aviation
Oakland, LLC.
A-6
An Ordinance Establishing A Passenger Facility Charge And Amending Section 21
To Port Ordinance 3634 Relating To Charges For Use Of Facilities At The
Metropolitan Oakland International Airport, And Making Certain Findings And
Determinations In Connection Therewith.
A-7
Resolution 03279 Authorizing Amendment To Contract For Expansion Of Right
Information Display System, Oakland International Airport, Oakland, California To
Name Ultra Electronics Airport Systems, Inc. And Ultra Electronics Limited Doing
Business As Ultra Electronics Airport Division.
A-8
Resolution 03280 Finding And Determining That It Is In The Best Interest Of The Port
To Award The Contract For The Printing Of The Oakland Airport Travel Planner To
Alonzo Printing And Authorizing Execution Of A Contract For Such Work.
The motion to approve items A-1 and A-3 through A-8 carried by the following
votes: (5) Ayes: Vice-President Katzoff, Commissioner Kiang, Commissioner
Kiang, Vice-President Scates, and President Protopappas. (2) Absent:
Commissioner Ayers-Johnson and Commissioner Batarse.
President Protopappas reported that at the September 10 th meeting of the
Commercial Real Estate Committee, the Committee had recommended for approval,
by the full Board, Items C-1. Item C-2 was pulled on the recommendation of staff.
A motion to approve Items C-1 and C-2 was made by Vice-President Scates and
seconded by Commissioner Kiang.
C-1
An Ordinance Approving And Authorizing Execution Of An Amendment To Lease
With Embarcadero Cove Enterprises LLC.
C-2
(Ordinance).
The motion to approve item C-1 carried by the following votes: (5) Ayes: VicePresident Katzoff, Commissioner Kiang, Commissioner Kiang, Vice-President
Scates, and President Protopappas. (2) Absent: Commissioner AyersJohnson and Commissioner Batarse.
-4-
REGULAR MEETING
October 7, 2003
MARITIME
Commissioner Kramer reported that at the September 25th meeting of the Maritime
Committee, the Committee had recommended for approval, by the full Board, Items
M-1 through M-6.
A motion to approve M-1 through M-6 was made by Commissioner Kramer
M-1
Resolution 03281 Ratifying And Approving Addendum To Specifications For
Furnishing Labor, Materials And Equipment For Spot Painting Port Of Oakland
Cranes For The Period Commencing December 1, 2003 And Ending November 30,
2004, 2005, Or 2006, Oakland, California; Awarding Contract To Rigging
International, Fixing The Amount Of Bonds, Rejecting All Other Bids And Directing
Return Of Bid Bonds To Bidders.
M-2
An Ordinance Amending Port Ordinance No. 2833 Relating To Security Of Maritime
Facilities.
M-3
An Ordinance Approving And Authorizing Execution of A Right Of Entry And
Indemnity Agreement With The San Francisco Bay Area Rapid Transit District For
Vibro-Replacement/ Compaction Demonstration Program At Berths 32-34.
M-4
Port To Procure And Install Reefer Electrical Supply Breakers At Berth 25 Without
Competitive Bidding And Authorizing Said Procurement On The Open Market.
M-5
Resolution 03283 Approving And Authorizing Extension Of Term Of Certain RightOf-Entry And Indemnity Agreement With Dutra Dredging Company, Inc.
M-6
Resolution 03284 Ratifying And Approving Addenda To Specifications For
Construction Of Berth 22 Wharf Replacement, Outer Harbor, Oakland, California;
Awarding Contract To Manson Construction, Inc., Fixing The Amount Of Bonds,
Rejecting All Other Bids And Directing Return Of Bid Bonds To Bidders; And
Authorizing Acceptance Of Regulatory Permits.
(5) Ayes: Vice-President Katzoff, Commissioner Kiang, Commissioner
Kramer, Vice-President Scates, and President Protopappas. (2) Absent:
Commissioner Ayers-Johnson and Commissioner Batarse.
OPERATIONS
Commissioner Kramer reported on the September 23 rd meeting of the
Administration Committee,
REGULAR MEETING
October 7, 2003
Vice-President Scates reported that at the September 18 th meeting of the Audit,
Budget and Finance Committee, the Committee had recommended for approval, by
the full Board, Item 0-1.
A motion to approve Item 0-1 was made by Vice-President Scates and
0-1
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 0-1 carried by the following votes: (5) Ayes:
Vice-President Katzoff, Commissioner Kiang, Commissioner Kramer, VicePresident Scates, and President Protopappas. (2) Absent: Commissioner
Ayers-Johnson and Commissioner Batarse.
The Secretary of the Board requested that consideration of the minutes for
September 16, 2003 be deferred until October 21st.
SUMMARY ITEMS
S-1
Resolution 03286 Approving Building Permit with Dutra Dredging Company, Inc.
The motion to approve item S-1 carried by the following votes: (5) Ayes:
Vice-President Katzoff, Commissioner Kiang, Commissioner Kramer, VicePresident Scates, and President Protopappas. (2) Absent: Commissioner
Ayers-Johnson and Commissioner Batarse.
A motion to approve Summary Items S-2 was made by Vice-President Scates
and seconded by Vice-President Katzoff.
Commissioner Kiang recused himself from all discussion, deliberation or decisionmaking on this item.
S-2
Port Ordinance No. 3763 Being, An Ordinance Approving And Authorizing the
Execution Of An Option Agreement with Oakland Harbor Partners, LLC.
Attorney Robert Shapiro spoke in opposition to the Ordinance. Sanjiv Handa spoke
on this item.
REGULAR MEETING
October 7, 2003
The motion to approve item S-2 carried by the following votes: (4) Ayes:
Vice-President Katzoff, Commissioner Kramer, Vice-President Scates, and
President Protopappas. (2) Absent: Commissioner Ayers-Johnson and
Commissioner Batarse. (1) Recused: Commissioner Kiang.
A motion to approve Summary Items S-3was made by Vice-President Katzoff
and seconded by Commissioner Kramer.
President Protopappas recused himself from all discussion, deliberation or
decision-making on this item.
S-3
Port Ordinance No. 3768 Being, "An Ordinance Making Certain Findings And
Determinations In Support Of, And Authorizing Execution Of, A Purchase And Sale
Agreement With Food Specialists, Inc., For The Port Of Oakland's Sale Of An
Approximately 1.75 Acre Parcel Of Land Located At Embarcadero And East 7th
Street.
The motion to approve the Ordinance carried by the following votes: (4)
Ayes: Commissioner Kiang, Commissioner Kramer, Vice-President Katzoff,
Vice-President Scates. (2) Absent: Commissioner Ayers-Johnson and
Commissioner Batarse. (1) Recused: President Protopappas.
OPEN FORUM
Sanjiv Handa of the East Bay News Service spoke in Open Forum
President Protopappas reminded the public to vote as the polls where still open.
SECOND CLOSE SESSION:
The Board entered into Closed Session at 5:05 p.m.
OPEN SESSION:
President Protopappas reconvened in open session at 5:45 p.m.
Port Attorney, David Alexander called on the Secretary to report on actions taken in
Closed Session. The Secretary reported that the Board had taken no final action in
the Second Closed Session.
REGULAR MEETING
October 7, 2003
ADJOURNMENT
John . Betterton, Secretary
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. BETTERTON
FRANK KIANG
Commissioner
DAVID KRAMER
Commissioner
MINUTES
Tuesday, November 4, 2003 - 3:00 PM
ROLL CALL
Commissioners Ayers-Johnson, Commissioner Batarse, Second VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, First VicePresident Scates and President Protopappas.
CLOSED SESSION
1.
(3 Matters)
2.
Conference with Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of
Section 54956.9. Names of Cases:
City of Oakland, et al v. Federal Highway Administration,
U.S. District Court, Northern District of California,
No. CO2 1307
City of Oakland, et al v. California Dept. of Transportation, Sacramento
County Court Case No. 02CS00391
REGULAR MEETING
November 4, 2003
3.
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
OPEN SESSION
Port Attorney David Alexander announced that no final action was taken in Closed
Session, and informed the public that a 2 nd Closed Session would be necessary after
Open Forum.
PRESIDENT'S REPORT
President Protopappas called on Commissioner Ayers-Johnson to report on Public
Art Opportunities at the Oakland Airport.
Commissioner Ayers-Johnson reported that she had participated in a meeting
sponsored by the Port to introduce the Public Art Program associated with the
expansion plans at the Oakland International Airport.
The Executive Director, Tay Yoshitani, reported that on November 3 rd the . Port hosted
a group of 30 Japanese business executives from Sagawa Express, Japan largest
parcel shipping company.
The Executive Director also reported that due to unforeseen insurance costs the
decommissioned U.S.S. Midway, currently undergoing painting at the Howard
Terminal, would not be available for Public Tours.
REGULAR MEETING
November 4, 2003
AIRPORT
Commissioner Kiang reported that the October 27th meeting of the Aviation
Committee had recommended for approval, by the full Board, Airport Items A-1
through A-9.
A motion to approve Items A-1 through A-9 was made by Commissioner Kiang
and seconded by Vice-President Katzoff
A-1
An Ordinance "Approving Additional Signatories To The Airline Operating Agreement
And Space/Use Permit At Metropolitan Oakland International Airport"
A-2
Concession Agreement With Evergreen Aviation Ground Logistics Enterprises, Inc.
A-3
Resolution 03300 Authorizing Execution Of A License Agreement With The
Transportation Security Administration ("TSA") For Reimbursement Of Janitorial And
Maintenance Services,
A-4
Port To Waive Competitive Bidding And To Procure An Interactive Employee
Computer-Based Training Program On The Open Market From American
Association Of Airport Executives.
A-5
Port To Amend Or Award Contracts For The Multi-User System Equipment ("MUSE")
Expansion Project Without Competitive Bidding, Waiving Competitive Bidding And
Authorizing Execution Of Contracts, Including Supplemental Agreements Amending
Contracts As Appropriate, Upon Receipt Of Informal Proposals.
A-6
An Ordinance "Establishing A Passenger Facility Charge And Amending Section 21
To Port Ordinance No. 3634 Relating To Charges For Use Of Facilities At The
Metropolitan Oakland International Airport, And Making Certain Findings And
Determinations In Connection Therewith."
A-7
Agreement With Carter-Burgess, Inc. For Consulting Services Constitutes
Agreement.
A-8
Resolution 03304 Authorizing An Increase In The Executive Director's Authority To
Approve Additional Compensation For Additional Scope Of Work,
REGULAR MEETING
November 4, 2003
A-9
Resolution 03305 Certifying And Adopting The Adequacy Of The Initial Study And
Proposed Mitigated Negative Declaration For The Interim Contaminant Source
Reduction Project Tank Farm S Project, Finding No Substantial Evidence Of
Significant Effect On The Environment, Approving The Mitigation Monitoring And
Reporting Program And Authorizing Certain Related Permit Applications And
Agreements.
The motion to approve items A-1 through A-9 carried by the following votes:
Vice-President Scates reported that the September 10th 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 Item C-I was made by Vice-President Scates and
C-1
An Ordinance "Approving And Authorizing The Execution Of A Lease And Operating
Agreement With Pacific Marina Development, Inc."
John Gueldner and Tom Hogan spoke on Item C-1.
The motion to approve item C-I carried by the following votes: (7) Ayes:
MARITIME
Commissioner Kramer reported that the November 3rd meeting of the Maritime
Committee had recommended for approval, by the full Board, Airport Items M-1
through M-5.
A motion to approve Items M-1 through M-5 as amended was made by
Commissioner Kramer and seconded by Commissioner Batarse,
M-1
An Ordinance "Amending Port Ordinance No. 2833 Increasing Tariff No. 2-A Rates
For Dockage, Wharfage, Wharf Storage And Wharf Demurrage And Making Other
Modifications Thereto."
REGULAR MEETING
November 4, 2003
M-2
Resolution 03306 Granting Authorization To Include Demolition Of Transload
Warehouse Building D-854 And Railroad Spur, Middle Harbor, 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.
M-3
Port To Solicit Proposals For Management Services Of The Turnkey Operation Of
Utility Systems At The Former Oakland Army Base, Based On Receipt Of
Responsive Proposals And Authorizing Execution Of A Contract To Extend Services
For J. A. Jones Management Services.
M-4
Agreement With EVS Environment Consultants For Consulting Services Constitutes
Agreement.
M-5
Resolution 03309 Authorizing Execution Of An Agreement With State Of California,
Resource Agency Department Of Conservation, Division Of Mines And Geology,
Office Of Strong Motion Studies ("CSMIP") Establishing A Seismic Monitoring
Program; Finding And Determining That It Is In The Best Interest Of The Port To
Procure Seismic Monitoring Equipment Without Competitive Bidding, And
Authorizing Negotiation And Execution Of A Contract On The Open Market With
Kinemetrics, Inc. For Said Procurement.
Vice-President Katzoff asked that M-5 be amended to include language that a local
firm would be chosen if possible and practicable. The makers of the Original Motion
agreed.
The motion to approve items M-1 through M-5, as amended, carried by the
following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner
Batarse, Vice-President Katzoff, Commissioner Kiang, Commissioner Kramer,
Vice-President Scates, and President Protopappas.
OPERATIONS
Commissioner Ayers-Johnson reported that the October 27th meeting of the
Administrative Committee had recommended for approval, by the full Board,
Operations Items 0-1 through 0-4 and 0-6.
A motion to approve Items 0-1 through 0-4 and 0-6 was made by
-5-
REGULAR MEETING
November 4, 2003
0-1
Agreement With Fatima Kassam For Consulting Services Constitutes Professional,
Competitive Bidding And Authorizing Execution Of Said Supplemental Agreement.
0-2
Agreement With Patton Boggs, L.L.P. For Consulting Services Constitutes
Agreement.
0-3
Resolution 03312 Approving The Redesignation Of The Disadvantaged Business
Enterprise Liaison Officer.
0-4
Resolution 03313 Authorizing Amendment Of The Nondiscrimination And
Small/Local Business Utilization Policy To Substitute Director Of Social
Responsibility For Equal Opportunity Officer And Social Responsibility Division For
Office Of Equal Opportunity, Respectively, Where Indicated Throughout Said
Policy.
0-6
Resolution 03315 Approving And Authorizing Increase In Expenditure Limits For
Furnishing Labor, Materials And Equipment Or Paving, Grading And Associated
General Contractor Services For The Port Of Oakland Facilities For The Period
Commencing December 1, 2002 And Ending December 31, 2003, 2004, Or 2005,
Oakland, California (Non-SBC Contracts Only).
0-5
The motion to approve items 0-1 through 0-4 and 0-6 was carried by the
Vice-President Scates reported that the October 23rd meeting of the Audit,
Budget and Finance Committee had recommended for approval, by the full Board,
Operations Item 0-5.
A motion to approve Item 0-5 was made by Vice-President Scates and
Resolution 03314 Authorizing And Approving A Limited Open Account With Certain
Vendors And Finding And Determining That It Is In The Best Interest Of The Port
To Dispense With Standard Bidding And Authorizing The Executive Director To
Enter Into Certain Contracts For Same.
REGULAR MEETING
November 4, 2003
The motion to approve items 0-5 was carried by the following votes: (7) Ayes:
Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President
A motion to approve the Minutes of October 21, 2003 was made by
Vice President Scates and seconded by Vice President Katzoff.
SUMMARY ITEMS
A motion to approve Summary Items S-1 and S-2 was made by Vice-President
Scates and seconded by Commissioner Kramer.
S-1
Resolution 03316 Approving Building Permit Requested By Air Terminal Services,
Incorporated.
S-2
Resolution 03317 Approving Building Permit Requested By Clear Channel Outdoor,
Inc.
Sanjiv Handa spoke on Item S-2.
The motion to approve the items S-1 and S-2 carried by the following votes:
(7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Vice-
President Katzoff, Commissioner Kiang, Commissioner Kramer, VicePresident Scates, and President Protopappas.
OPEN FORUM
The following individuals spoke in Open Forum:
David Nesmith, Paul Worthman, Larry Hendel & Sanjiv Handa
SECOND CLOSE SESSION:
The Board entered into Closed Session at 5:07 p.m.
REGULAR MEETING
November 4, 2003
ADJOURNMENT
The meeting was adjourned in the memory of Vergara Brittin.
The next regular meeting for Tuesday, November 18, 2003 was adjourned to
Tuesday, December 2, 2003, at 3:00 p.m.
T. Betterton, Secretary
B rd 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
MINUTES
DAVID KRAMER
Commissioner
Tuesday, December 2, 2003 - 3:00 PM
ROLL CALL
Commissioners Ayers-Johnson, Comrnissioner Batarse, Second VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, First VicePresident Scates and President Protopappas.
CLOSED SESSION
1.
(6 Matters)
2.
Conference with Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of
Gennise Kilgore v. Port of Oakland, Worker's Compensation Appeals.
Board Case No. OAK 0277132
REGULAR MEETING
December 2, 2003
3.
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Port of Oakland, Oakland Base Reuse Authority,
Oakland Redevelopment Agency and City Council
OPEN SESSION
President Protopappas reconvened the Board in Open Session at 4:06 p.m. All
Commissioners where in attendance.
Port Attorney, David Alexander asked the Board Secretary to report on final actions
taken in closed session. Additionally, Mr. Alexander stated that the Board had not
finished all Closed Session Items and would convene a second Closed Session after
Open Forum. The Board Secretary reported the following:
A motion to approve resolutions 03318, 03319 and 03320 carried by the
Resolution 03318 Approving And Authorizing Execution Of A Settlement
Agreement(s) Concerning The Claims Of Oliver Desilva, Inc., DBA Gallagher & Burk,
Inc. ("G&B"), Regarding Construction Of (A) The Joint Intermodal Terminal; (B) 7th
Street Realignment And Construction Of The New Road; And (C) Doolittle
Drive/Airport Drive Interchange.
Resolution 03319 Approving And Authorizing The Execution Of An Extension Of
Tolling Agreement With Chevron USA, Inc. ("Chevron"), Concerning Contaminated
Soil At The North Field Tank Farm At The Metropolitan Oakland International Airport,
("Airport").
Resolution 03320 Compromising And Settlement Claims And Authorizing Execution
Of Stipulated Settlement.
PRESIDENT'S REPORT
President Protopappas reported that the Annual Tree Lighting in Jack London
Square had occurred over the Thanksgiving Holidays. Vice-Mayor Nancy Nadel,
President of the Council, Ignacio De La Fuente and Councilman-at-large, Henry
-2-
REGULAR MEETING
December 2, 2003
Chang where on hand to flip the switch.
President Protopappas announced that the 27 th Annual Lighted Yacht Parade,
sponsored by the Port Of Oakland would take place on December 6 th along the
Oakland Estuary.
Executive Director, Tay Yoshitani reported the following:
■ The Port will hold its' Annual Employee Service Awards and Holiday Dinner
on December 12 th . This year the Port will honor 113 employees who's years
of Service range from 5 years up to 30 years.
■ On December 16 th the Port will kick off the Annual Employee Giving
campaign. The effort headed by Deputy Executive Director, Joe Wong has
set a goal to raise $135,000.
■
He and community activist Ellen Wyrick-Parkinson had accepted on behalf of
the Port the Governor's 2003 Leadership Award for Environmental and
Economic Partnership for Middle Harbor Shoreline Park. They both met
Governor Schwarzenneger. Mr. Yoshitani used the brief encounter to ask for
the Governor's help with the 50ft dredging project. Upon her arrival, Ms.
Wyrick-Parkinson gave brief remarks about her history with west Oakland and
the long need for the Park that they had eventually created together.
AIRPORT
President Protopappas and Commissioner Batarse stated that the would recuse
themselves from discussion or deliberation on Item A-2
Commissioner Kiang reported that the December 1st meeting of the Aviation
Committee had recommended for approval, by the full Board, Airport Items A-1
through A-6.
A motion to approve Items A-1, and A-3 through A-6 was made by VicePresident Katzoff and seconded by Commissioner Ayers-Johnson.
A-1
An Ordinance Amending Port Ordinance No. 3634 Relating To Deplaning
Passengers At International Arrivals Facility At Metropolitan Oakland International
Airport.
REGULAR MEETING
December 2, 2003
A-3
Resolution 03322 Awarding Contract For Construction Of Asphalt Concrete Overlay
Of Taxiway A, East Of Taxiway B, North Field, Oakland International Airport,
Oakland, California, A.I.P. 3-06-0170-29 To O.C. Jones & Sons, Inc., For The
Amount Of $454,310, Fixing The Amount Of Bonds, Rejecting All Other Bids And
Directing Return Of Bid Bonds To Bidders.
A-4
Resolution 03323 Approving And Ratifying Issuance Of Change Orders In The
Amount Of $170,000 For Contract With Gallagher & Burk, Inc., For The Overlay Of
Taxiway C, North Field, Oakland International Airport, Oakland, California For
Disposal Of Unsuitable Material And Additional Grinding Of Existing Pavement.
A-5
Resolution 03324 Finding And Determining That A Proposed Agreement With Carter
& Burgess, Inc. For Consulting Services Constitutes Professional, Technical And
A-6
Resolution 03325 Authorizing Negotiation Of Extension Of Existing Contract With
C.E. Harris, Incorporated Doing Business As Harris Electric For Furnishing Service
And Maintenance For Passenger Loading Bridges For The Period Commencing
January 1, 2003, South Field, Oakland International Airport, In The Amount Of
$262,000.
Sanjiv Handa spoke on the Aviation Committee Report.
The motion to approve items A-1, and A-3 through A-6 carried by the following
votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, Vice-President
President Protopappas turned the meeting over to Vice-President Scates, and he
and Commissioner Batarse left the room.
A motion to approve Items A-2 was made by Commissioner Kiang and
A-2 Resolution 03321 Authorizing Exclusive Negotiations With Foster Interstate Media,
Inc. For The Right To Install And Maintain Certain Outdoor Advertising Displays At
The Oakland International Airport.
John Foster, of Foster Interstate Media Inc., spoke on this item.
The motion to approve item A-2 carried by the following votes: (5) Ayes:
Commissioner Ayers-Johnson, Vice-President Katzoff, Commissioner Kiang,
Commissioner Kramer and Vice-President Scates. (2) Recused: Commissioner
Batarse and President Protopappas.
-4-
REGULAR MEETING
December 2, 2003
President Protopappas and Commissioner Batarse rejoined the meeting.
Vice-President Scates reported that the November 5th 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 Item C-1 was made by Vice-President Scates and
C-1
Resolution 03326 Approving And Authorizing Execution Of A First Amendment To
The Amended And Restated Agreement For Acquisition Of Ground Lease Interests
With Jack London Square Partners, LLC.
Sanjiv Handa and Sandra Threllfall spoke on Item C-1.
The motion to approve item C-1 carried by the following votes: (6) Ayes:
Commissioner Kiang, Vice-President Scates, and President Protopappas. (1)
Abstention: Commissioner Kramer
MARITIME
Commissioner Kramer reported that the November 21st meeting of the Maritime
Committee had recommended for approval, by the full Board, Airport Items M-1
through M-4.
Kramer and seconded by Commissioner Batarse.
M-1
An Ordinance Amending Port Ordinance No. 2833 Relating To Security Of Maritime
Facilities.
M-2
Resolution 03327 Finding And Determining That Contracts For Peer Review
Execution Of Contracts, Including Supplemental Agreements Amending Contract As
Appropriate With Moffatt & Nichol, Han Padron Associates, Dowling/Korve,
Ch2MHILL And HRD Engineering.
M-3
Agreement With Ch2mhill For Consulting Services Constitutes Professional,
Competitive Bidding And Authorizing Execution Of Said Supplemental Agreement.
-5-
REGULAR MEETING
December 2, 2003
M-4
Resolution 03329 Finding And Determining That A Proposed Miscellaneous Work
Agreement With East Bay Municipal Utility District ("EBMUD") For Water System
Planning Services Constitutes Professional, Technical And Specialized Services
Execution Of Agreement.
OPERATIONS
Items 0-1 and 0-2 where pulled on the recommendation of staff.
0-1
PULLED: Auther-iz-ing-The Exoeutive-D-if-eGtef-T-e-Make Expenditure Commitments
W-ithi-n-T-h-e-Board-App-roved-Budgct For The E-x-eGuf
e • - Not To
Exceed-S-31-6T4-0-8-F—In Fiscal Y
0-2
PULLED: Public-Employee-Discipti
V 1,-0,-/
1,...1J,11“....,1 LI la-AL LI IV I N,J
(Resolution)
I
■11 LI
/
Budget and Finance Committee had recommended for approval, by the full Board,
Airport Items 0-3 through 0-8.
A motion to approve Items 0-3, 0-4, 0-5, and 0-6 as amended, 0-7 and 0-8
was made by Vice-President Scates and seconded by Commissioner Kiang.
0-3 Resolution 03330 Authorizing The Payment To The City For General Services
Provided To The Port In Fiscal Year 2002-2003 And For The Reimbursement Of
Certain City Expenditures For Lake Merritt Tideland Trust Purposes In Fiscal Year
2002-2003, And Making Certain Determinations In Connection Therewith.
Sanjiv Handa spoke on this item.
0-4
Resolution 03331 Finding And Determining That A Proposed Third Supplemental
Agreement With D Squared Business Consulting In The Amount Of $120,000 For
Execution Of Said Supplemental Agreement.
0-5
Resolution 03332 Approving The Capital Improvement Award Program For Fiscal
Year 2003-2004.
REGULAR MEETING
December 2, 2003
The motion to approve item 0-9 was approved by the following votes: (7)
A motion to approve the Minutes of November 4, 2003 was made by
Vice President Scates and seconded by Vice President Katzoff.
Sanjiv Handa spoke on the Approval of the Minutes.
SUMMARY ITEMS
A motion to approve Summary Items S-1 through S-6 was made by VicePresident Scates and seconded by Commissioner Ayers-Johnson.
S-1
Resolution 03337 Approving Building Permit Requested By Hertz Rent A Car
Systems, Inc.
D,mordi
f1'2'2'2P A nnrrskiirif-1 Ri iilrlinn DcIrrnit Dona imcfcIrl R./ Cnrint Cncla-•r1 irn I D
S-3
Port Ordinance No. 3774 Being, "An Ordinance Approving Additional Signatories To
The Airline Operating Agreement And Space/Use Permit At Metropolitan Oakland
International Airport."
S-4
Port Ordinance No. 3775 Being, "An Ordinance Establishing A Passenger Facility
Charge And Amending Section 21 To Port Ordinance No. 3634 Relating To
Charges For Use Of Facilities At The Metropolitan Oakland International Airport,
And Making Certain Findings And Determinations In Connection Therewith."
S-5
Port Ordinance No. 3776 Being, "An Ordinance Approving And Authorizing The
Execution Of A Lease And Operating Agreement With Pacific Marina Development,
Inc."
S-6 Port Ordinance No. 3777 Being, "An Ordinance Amending Port Ordinance No. 2833
Increasing Tariff No. 2-A Rates For Dockage, Wharfage, Wharf Storage And Wharf
Demurrage And Making Other Modifications Thereto."
The motion to approve the items S-1 through S-6 carried by the following
votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kiang, Commissioner Kramer, VicePresident Scates, and President Protopappas.
REGULAR MEETING
December 2, 2003
OPEN FORUM
SECOND CLOSED SESSION:
ADJOURNMENT
ohn
etterton, Secretary
Board 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, December 16, 2003 - 3:00 PM
ROLL CALL
Commissioners Ayers-Johnson, Commissioner Batarse, Second Vice-President
Katzoff, Commissioner Kramer and President Protopappas
Commissioner Kiang and First Vice-President Scates were excused.
CLOSED SESSION
1. Conference With Legal Counsel — Anticipated Litigation.
(3 Matters)
2. Conference with Legal Counsel — Existing Litigation. Pursuant to subdivision (a) of
REGULAR MEETING
December16, 2003
Property:
Agency Negotiator:
Under Negotiation:
Oakland Army Base
Port of Oakland, Oakland Base Reuse Authority,
Oakland Redevelopment Agency and City Council
Property:
Agency Negotiator:
Under Negotiation:
34-Acre Site on Pardee
Port of Oakland and Arrowhead Marsh LP
CRE Director, Omar Benjamin
Property:
Agency Negotiator:
Under Negotiation:
Various Parcels in Jack London Square
Port of Oakland and Ellis Partners
CRE Director, Omar Benjamin
Item 4 was pulled at the recommendation of staff, and was not considered by the Board.
4. PULLED Public Employee Discipline/Dismial/Rel ase
OPEN SESSION
President Protopappas reconvened the Board in Open Session at
4:11 p.m.
Port Attorney, David Alexander asked the Board Secretary to report on final actions
taken in closed session. Additionally, Mr. Alexander stated that the Board had not
finished all Closed Session Items and would convene a second Closed Session after
Open Forum. The Board Secretary reported the Board had taken final action on the
following:
Agreement With Covello Group, Inc. For Consulting Services Constitutes Professional,
Technical And Specialized Services That Are Temporary In Nature, Waiving Competitive
Bidding And Authorizing Execution Of Said Supplemental Agreement.
Resolution 03339 Authorizing And Approving Execution Of A Partial Settlement
Agreement Concerning Pacific Coast Building Products, Inc. v. Lumberman's Mutual
Casualty Company, Et Al., Alameda No. 2001-024620.
REGULAR MEETING
December16, 2003
Resolution 03340 Approving And Authorizing Execution Of A Standstill And Tolling
Agreement With J.C. Penney Life Insurance Company, Now Known As Stonebridge Life
Insurance Company, Successor In Interest To Beneficial Fire And Casualty Insurance
Company ("JC Penney") Concerning The Former Cryer Boatyard Site.
A motion to approve resolutions 03349, 03339 and 03340 carried by the following
votes: (5) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, VicePresident Katzoff, Commissioner Kramer, and President Protopappas. (2) Absent:
Commissioner Kiang and Vice-President Scates
PRESIDENT'S REPORT
President Protopappas reported that Executive Director Tay Yoshitani was awarded the
Volunteer of the Year Award from the Bay Area March of Dimes. Director Yoshitani
spearheaded this year's fundraising drive in the East Bay. The effort netted $239,000,
more that double the previous year.
Executive Director, Tay Yoshitani reported the following:
■ The Port held its annual Holiday Celebration and Service Awards. One HunderedTwelve employees where honored for their service. Nine employees were honored
for more than 30 years of service.
■ Mayor Jerry Brown and the Port of Oakland hosted the Alameda County Mayor's
conference. The Executive Director briefly addressed the Mayors and presented a
video on the Port.
■ The Port is the recipient of the Bay Planning Coalition's 2003 Outstanding Member
Award .
AIRPORT
Commissioner Protopappas reported that the December 1st meeting of the Aviation
Committee had recommended for approval, by the full Board, Airport Items A-1 through
A-4.
A motion to approve Items A-1 through A-4 was made by Vice-President Katzoff
A-1 Resolution 03341 Approving Plans And Specifications For Installation Of Fiber Optic
Cables Between Substations Ss-1, Ss-1a, Ss-8, Ss-13 And Ss-15, Oakland International
Airport, Oakland, California, And Calling For Bids Therefor.
REGULAR MEETING
December16, 2003
A-2 Resolution 03342 Awarding Contract For Furnishing Maintenance And On-Call
Service For Various Elevators, Escalators And Moving Walkways At Port Of Oakland
Facilities For The Period Commencing January 1, 2004 And Ending December 31,
2004, 2005 Or 2006, Oakland, California, To Thyssenkrupp Elevator Corporation,
Fixing The Amount Of Bonds, Rejecting All Other Bids And Directing Return Of Bid
Bonds To Bidders.
A-3 Resolution 03343 Approving Issuance Of Change Order To Contract With Jetbridge
Technology, Inc., For Installation Of Two Passenger Boarding Bridges At Terminal 1,
Building M-103, South Field, Oakland International Airport, Oakland, California.
A-4 Resolution 03344 Finding And Determining That A Proposed Second Supplemental
Agreement With CCS Planning And Engineering, Inc. For Consulting Services
Constitutes Professional, Technical And Specialized Services That Are Temporary In
Nature, Waiving Competitive Bidding And Authorizing Execution Of Said Supplemental
Agreement.
The motion to approve items A-1 through A-5 carried by the following votes: (5)
Katzoff, Commissioner Kramer and President Protopappas. (2) Absent:
Commissioner Kiang and Vice-President Scates.
HEARING
At the hour of 4:20 the Board Secretary announced the opening of a hearing on
Resolution 03345. President Protopappas called on Port Environmental Planner
Richard Sinkoff, to give a brief overview of the issues, and then asked for public
speakers.
The following members of the public spoke: Francois Gallo and Sanjiv Handa.
A motion to approve Item A-5 was made by Vice-President Katzoff and seconded
by Commissioner Ayers-Johnson.
A-5 Resolution 03345 Certification Of Final Environmental Impact Report For The Airport
Development Program; Adoption Of Supplemental Findings Under The California
Environmental Quality Act; Adoption Of Mitigation Measures And A Mitigation
Monitoring And Reporting Program; Adoption Of A Statement Of Overriding
Considerations For Unavoidable Significant Impacts On The Environment; Approval Of
The Remaining Components Of The Airport Development Program; Authorization To
File A Return To Revised Peremptory Writ Of Mandate.
REGULAR MEETING
December16, 2003
The motion to approve item A-5 carried by the following votes: (5) Ayes:
Commissioner Kramer and President Protopappas. (2) Absent: Commissioner
Kiang and Vice-President Scates.
President Protopappas reported that the December 3 rd 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 Item C-1 was made by Vice-President Katzoff and seconded
by Commissioner Ayers-Johnson.
C-1 Resolution 03346 Approving And Authorizing Execution Of A Certain License And
Concession Agreement With Kilgore Industries.
The motion to approve item C-I carried by the following votes: (5) Ayes:
Kiang and Vice President Scates.
OPERATIONS
Vice President Ayers-Johnson reported that the December 2 nd meeting of the
Administration Committee had recommended for approval, by the full Board, Airport
Item 0-2.
A motion to approve Item 0-2 was made by Commissioner Ayers-Johnson and
Item 0-1 was pulled on the recommendation of staff, and was not considered by the
Board.
0-1 PULLED
•
0-2 Resolution 03347Authorizing The Board President And The Executive Director To
Make Expenditure Commitments Within The Board-Approved Budget For,
Respectively, The Board's Office And The Executive Director's Office.
Sanjiv Handa spoke on Item 0-2
REGULAR MEETING
December16, 2003
The motion to approve item 0-2 was approved by the following votes: (5) Ayes:
Kiang and Vice-President Scates.
A motion to approve the Minutes of December 2, 2003 was made by
Commissioner Ayers-Johnson and seconded by Commissioner Kramer
SUMMARY ITEMS
Commissioner Ayers-Johnson and seconded by Commissioner Batarse.
S-1 Resolution 03348 Approving Building Permit Requested By Enterprise Rent A Car
Company Of San Francisco.
Sanjiv Handa spoke on item S-1
Relating To Deplaning Passengers At International Arrivals Facility At Metropolitan
Oakland International Airport."
Relating To Security Of Maritime Facilities."
S-4 Port Ordinance No. 3780 Being, "Amending Section 2 Of Port Ordinance No. 1606
To Provide For Purchasing - Procurement Card Program."
The motion to approve the items S-1 through S-4 carried by the following votes:
(5) Ayes: Commissioner Ayers-Johnson, Commissioner Batarse, Vice-President
Katzoff, Commissioner Kramer and President Protopappas. (2) Absent:
Commissioner Kiang and Vice-President Scates.
REGULAR MEETING
December16, 2003
OPEN FORUM
The following individuals spoke in spoke in Open Forum: Sanjiv Handa, Larry Hendel
and Greg Hodge.
SECOND CLOSED SESSION:
The Board reentered into Closed Session at 4:51 p.m. No final actions where taken in
Closed Session
ADJOURNMENT
T. Betterton, Secretary
prirt rilmmiccinriarc

approved minutes - Port of Oakland

Transcription

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