The meeting, foinial portion, was held on Tuesday

Transcription

REGULAR MEETING OF THE BOARD OF PORT COMMISSIONERS
OF THE
CITY OF OAKLAND
The meeting, foinial portion, was held on Tuesday, January 5, 1993, at the hour of
3:05 p.m., in the office of the Board, second floor, 530 Water Street, Oakland, California,
Vice President Broussard presiding, appropriate notice having been given and posted.
Commissioners present: Kramer, Loh, Ortiz, Ward Allen and Vice
President Broussard - 5
Commissioners absent:
Furth and President Lockhart 2
Also present were the Executive Director; Deputy Executive Director; Port Attorney;
Assistant Port Attorney, Thomas Clark; Director of Engineering; Chief Engineer; Director
of Aviation; Director of Maritime Affairs; Director of Commercial Real Estate; Director
of Human Resources; Director of Governmental Affairs; Director of Strategic Planning and
Policy; Director of Equal Opportunity; and Secretary of the Board.
The minutes of the Special Meeting of the June 15, 1992; the adjourned Special
Meeting of June 23, 1992; the regular meeting of July 7, 1992; and the regular meeting of
July 21, 1992 were approved as submitted and ordered filed.
Vice President Broussard informed the Board that he would call for a closed session
at the conclusion of the open session for the purpose of discussing pending litigation
involving the report of the Port Attorney on litigation matters, as provided for under
Government Code Section 54956.9 (a); pending litigation as provided for under Government
Code Section 54956. 9 (b) and c); to provide instructions to negotiators as regarding price
and terms with Tidewater Properties, a joint venture of Guiltone Properties and Business
Development Corporation, a California non-profit public benefit corporation, for an existing
ground lease on Tidewater Street; and with AMB Properties, Limited Partnership regarding
price and terms for a site at Kennedy and Embarcadero Extension, as provided for under
Government Code Section 54956.8.
Interspace Airport Advertising.
Modify License
nent was the
subject of a memo to the Board from the Director of Aviation notifying the Board that
Interspace Airport Advertising has operated the Airport's terminal display advertising
concession since March 1990, as the result of a competitive request for proposal process.
Interspace is a woman-owned business qualifying under the FAA's definition as a
"disadvantaged business enterprise". The agreement tat
is five years, with an option to
extend for an additional five years. On March 1, 1993, Interspace begins its 4th contract
year and the annual gross revenue has not grown sufficiently to sustain the minimum
guaranteed rent. Interspace has requested relief from the minimum guaranteed rent
escalations due in the 4th and 5th contract years. The Port has several options, with the
retention of the firm the best present alternative. It was recommended that the Board
authorize a supplement to the License Agreement with Interspace Services, Inc., which
would offer certain concessions to the agreement. The agreement's term would be for a
total of ten years with no five-year option. Effective March 1, 1993, with the 4th contract
year, and every contract year thereafter, the minimum guaranteed rent would be set at 60%
of the gross revenue from the prior twelve-month period ending each September. For the
remaining contract years, 4 through 10, an additional percentage rent would be due when
annual gross revenue reaches certain thresholds. Effective March 1, 1993, the Port would
provide electrical service to new or relocated advertising display locations in amount not to
exceed $5,000.00 per year. In addition to the current maintenance and installation staff,
Interspace would retain a full-time, Bay Area-based, sales representative. Any breach not
cured pursuant to the agreement would cause the minimum guarantee of the 4th and 5th
contract years to be reinstated. The supplement grants approximately $200,000.00 in relief
over the next two years with the additional percentages providing an opportunity to recoup
the relief with the growth in advertising gross revenue. The recommendation was approved
on passage of Resolution No. 93001.
Third Supplemental Agreement, Engineering Services for Airport Security System was
the subject of a memo to the Board from the Director of Engineering notifying the Board
that previously the Board authorized the preparation and execution of an agreement with
January 5, 1993
-2-
Burns and Rose Securacom, Inc., now Securacom, Inc., for engineering services in
connection with the installation of the Airport security system. The general contractor, ISN,
for the project, started construction work in January 1992 and continued until the middle
of July 1992, (three months beyond the completion date). In August 1992, the Chief
Engineer certified to the board that the performance of critical items of the system were
unreasonably delayed. On September 8, 1992, the Board authorized taking over the
Automated Access Control System, the Badging Communication System and completing the
work with certain subcontractors and vendors of ISN. By the middle of November, it
became apparent to the Port that the AACS would require major rework and possibly
complete replacement. On December 15, 1992, the Board authorized the Executive
Director to notify ISN to discontinue all work on the airport security system and to solicit
proposals from other contractors for completion of the security system. It was
recommended that the Board authorize execution of a third supplemental agreement to the
existing agreement with Securacom, Inc., for their engineering services. Securacom has
submitted a proposal to assist the Port in completing the work. To compensate Securacom,
Inc., for the additional work, it is proposed that the maximum compensation of their
contract be increased by $90,484.00 (including a fixed fee of $8,425.00), and the maximum
amount of additional work which can be authorized by the Executive Director be increased
by $23,000.00. The recommendation was approved on passage of Resolution No. 93002.
Recommended Approval of License and Concession Agreement - Ogden Ground
Services, Inc., was the subject of a memo to the Board from the Director of Aviation
recommending approval of an agreement with Ogden Ground Services, Inc., for 448 square
feet of office space in Bldg. M-103, South Airport, at $2,568.66 per month. The
recommendation was approved on passage of Resolution No. 93003.
Recommended Approval of Two Leases with the Federal Aviation Administration was
the subject of a memo to the Board from the Director of Aviation notifying the Board that
the Federal Aviation Administration currently occupies a total of 3,622 square feet of space
January 5, 1993
-3-
in Terminal I, Bldg. M-102 and Bldg. M-104, for its operation of the South Airports air
traffic control tower. The premises in Terminal I, Bldg. M-102, totals 3,309 square feet and
includes office space, equipment, storage, the control tower cab, training space and the fire
escape landing between the 9th and 10th floors. The premises in Bldg. M-104 totals 313
square feet for the FAA's engine generator. It was recommended that the Board approve
two leases with consecutive terms, in order that the base term does not exceed one year.
The first lease is for a three-month term July 1, 1991 through September 30, 1992. The
proposed rent is $2,003.40 per month. The FAA may renew the lease for additional twelvemonth periods contingent upon FAA's receipt of Federal funding; however, the lease may
not be renewed after September 30, 1997. The monthly rent will be increased by 7%
effective January 1, 1994. The recommendation was approved on passage of Resolution No.
93004 and Resolution No. 93005.
Recommended Approval of Agreement to Renew License and Concession Agreement
for the Term of One Year or Less was the subject of a memo to the Board from the
Director of Commercial Real Estate recommending approval of a new agreement with the
City of Oakland Police Department for 3,000 square feet of office space at 77 Jack London
Square, Suite A, at $3,922.65 per month. The site is used as a training center. The
Agreement for Consulting Services for Engineering Feasibility Study for Raising
Krupp Cranes X-413 and X-414 by 20 Feet was the subject of a memo to the Board from
the Director of Engineering notifying the Board that the Port is studying the feasibility of
raising the two Krupp Cranes at Berth 23 in order to accommodate larger new generation
container vessels which will begin calling there in April 1993. The new vessels are capable
of loading containers 5 and 6 high on deck, but the cranes can only handle containers 4 high
on deck. In order to determine the feasibility of raising the cranes, it was recommended
that the Board approve an agreement with Kocks Crane and Marine Company, who
purchased the crane division of Krupp and now owns the calculations and drawings for the
January 5, 1993
-4-
cranes. The price for performing the feasibility study and developing conceptual design
drawings is $55,000.00, plus travel costs in excess of one trip to Oakland and miscellaneous
expenses, estimated to be $12,000.00, for a total estimated cost of $67,000.00, with certain
additional funds available at the discretion of the Executive Director. The recommendation
was approved on passage of Resolution No. 93007.
Supplemental Agreement to the CMB Transport N.Y. and Norsul Internacional
Terminal Use Agreement was the subject of a memo to the Board from the Director of
Maritime Affairs notifying the Board of the joint five year teiiu Terminal Use Agreement
with CMB Transport N.V. and Norsul Line (a Brazilian flag shipping line). The joint
service between CMB/Norsul is known as Norbel Service. Norbel was successful in securing
a new northbound movement of cocoa and coffee from Brazil to Oakland and is unable to
use their assigned premises as there is insufficient covered space to accommodate the cargo.
It was recommended that the Board authorize a modification to the agreement which
provides that under certain circumstances the cargo will be handled at the Ninth Avenue
Terminal. Joseph W. Tudisco, (dba Western Rim Company, Ltd.) will provide handling and
palletizing and trucking of the cocoa and coffee cargo at the Ninth Avenue Terminal for the
Norbel vessel Topaz 25, and it was also recommended that the Board approve a one-time
use of the Ninth Avenue Terminal by Joseph W. Tudisco for the cargo. The
Reimbursement to California Crating Co., dba Gateway Service Center was the
subject of a memo to the Board from the Director of Maritime Affairs recommending
approval to enter into a letter agreement with California Crating Co., for reimbursement
of the cost of certain improvements through rental credits. California Crating Co., occupies
a site at the Ninth Avenue Terminal, and in order to secure the area under space
assignment from the Ninth Avenue Terminal, a new entrance/exit gate must be constructed
and a new perimeter fence must be erected. California Crating Co., has retained Gallagher
January 5, 1993
-5
& Burke to design and perform the construction estimated to cost $50,000.00. The
Award of Contract, Construction of 115/12ICV Substation and 121(V Distribution
System, Phase I was the subject of a memo to the Board from the Director of Engineering
notifying the Board of the ten bids received and recommending award of the contract to
Clyde G. Steagall, Inc., dba Mid Valley Electric, the low bidder, at $1,349,659.00. The
Third Supplemental Agreement, Geotechnical Services for Wharfs at Berths 26 and
30 was the subject of a memo to the Board from the Director of Engineering notifying the
Board of the agreement with Geomatrix Consultants, Inc., to provide geotechnical services
for the design of the Carnation Terminal wharf, (Berth 30), the Berth 26 wharf, and an
extension to the Berth 32 wharf. A Second Supplemental Agreement was approved by the
Board in August 1990, providing for additional work which included observing additional
offshore core samples and test pits during maintenance dredging, and preparing a
supplemental geotechnical report requested by the Design Criteria Review Board of the San
Francisco Bay Conservation and Development Commission. Geomatrix has performed
further additional work with respect to potentially contaminated soils in the new dike area
and there are not enough funds available to cover the additional work. It was recommended
that the Board authorize a Third Supplemental Agreement to revise the scope of work and
to increase the maximum compensation to be paid by $52,000.00, including an increase in
the fixed fee of $4,700.00, and authorize the Executive Director to approve certain
additional funds and future changes in the scope of work. The recommendation was
approved on passage of Resolution No. 93011.
First Supplemental Agreement, Geotechnical Investigation Services, Berth 34 Slope
was the subject of a memo to the Board from the Director of Engineering notifying the
Board that the Port has a professional services agreement with Harza Kaldveer to provide
geotechnical design services to investigate the extent of damage at the Berth 34 slope and
January 5, 1993
-6-
recommend possible repairs. The current maximum allowable compensation under the
tee pus of the agreement is $40,850.00. During the design services, it was determined that the
stone columns would be required to repair the dike. Based on experience during the
installation of stone columns at other berths, it is in the Port's best interests in terms of
economics and quality control to have the geotechnical consultant perform density
confirmation borings during the construction phase to confirm that the stone columns have
sufficiently densified the dike to meet the design criteria. It was recommended that the
Board authorize a First Supplemental Agreement with Harza Kaldveer for the additional
work. The amendment provides for an increased compensation to the consultants of
$33,500.00, including a $2,900.00 increase in fixed fee, with certain additional work available
at the discretion of the Executive Director. The recommendation was approved on passage
of Resolution No. 93012.
Personnel Items contained in a memo to the Board from the Director of Human
Resources recommended the appointment of Alaric Quan, Manager, Systems and
Programming, effective January 11, 1993, at $6,000.00 per month; Carole Wedl, Airport
Noise Abatement/Environmental Affairs Officer, effective January 6, 1993, at $3,994.00 per
month; Patricia Murphy, Associate Port Environmental Scientist, effective January 6, 1993,
at $3,914.00 per month; Daniel Schoenholz, Associate Port Environmental Scientist, effective
January 6, 1993, at $3,914.00 per month; Carletas Fill, Port Utilities Foreman, effective
January 6, 1993, at $4,354.00 per month; Mitch Segal, Port Utilities Foreman, effective
January 6, 1993, at $4,354.00 per month; Margaret Hamilton, Airport Technical
Communications Supervisor, effective January 6, 1993, at $2,769.00 per month; Sylvia
Harper, Senior Secretary, effective January 11, 1993, at $2,616.00 per month; Elvemetta
Elebee, Senior Secretary, effective January 25, 1993, at $2,616.00 per month; Kevin Young,
Custodian, effective January 6, 1993, at $2,438.00 per month; and Bertha Horcasitas, Port
Personnel Clerk, effective January 6, 1993, at $2,356.00 per month. Also recommended was
the assignment of salary schedules for Airport Noise Abatement/Environmental Affairs
January 5, 1993
-7-
Officer, to Salary Schedule 253.84; and Airport Technical Communications Supervisor, to
Salary Schedule 217; and the examination announcement for the position of Port Claims
Administrator; and the termination of James Green, Relief Airport Custodian, in accordance
with the Memorandum of Understanding between the Local 790 and the Port of Oakland,
effective January 6, 1993. The recommendations were approved on passage of Resolution
No. 93013 for appointments, Resolution No. 93014 for examination announcement,
Resolution No. 93015 for termination, and on an ordinance passed to print for salary
schedules.
Authority for Payment of Coast Guard Required Hull Survey of the U.S.S. Potomac
was the subject of a memo to the Board from the Director of Public Affairs notifying the
Board that under the terms of the agreement between the Port of Oakland and the
Association for the Preservation of the Presidential Yacht Potomac, the Port has the
responsibility for funding costs of operating the Potomac if the costs have been approved
by Board resolution. The Coast Guard requires a Hnll Survey to maintain the integrity of
the vessel and proposals were received for the work. It was recommended that the Board
approve funding of a Hull Survey in an amount not to exceed $35,000.00 with Southwest
Marine Inc. The recommendation was approved on passage of Resolution No. 93016.
The following resolutions were introduced and passed separately by the following
vote:
Ayes:
Commissioners Kramer, Loh, Ortiz, Ward Allen and
Second Vice President Broussard - 6
Noes:
None
Absent:
Commissioner Furth and President Lockhart - 2
"RESOLUTION NO. 93001
AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT TO
LICENSE AGREEMENT WITH INTERSPACE AIRPORT ADVERTISING."
January 5, 1993
8
FINDING AND DETERMINING THAT A PROPOSED THIRD
SUPPLEMENTAL AGREEMENT WITH SECURACOM, INC., FOR AVIATION
CONSULTING SERVICES CONSTITUTES
ES PROFESSIONAL OR SPECIALIZED
SERVICES; AND AUTHORIZING EXECUTION OF SAID THIRD
SUPPLEMENTAL AGREEMENT."
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN LICENSE
AND CONCESSION AGREEMENT WITH OGDEN GROUND SERVICES, INC."
AUTHORIZING EXECUTION OF LEASE NO. D I 1 , A08-93-L-14139 WITH THE
UNT'I'ED STAPES OF AMERICA."
AUTHORIZING EXECUTION OF LEASE NO. D I kA08-92-L-14049 WITH THE
UNITED STATES OF AMERICA."
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT TO
RENEW LICENSE AND CONCESSION AGREEMENT FOR 'PERM OF ONE
YEAR OR LESS WITH CITY OF OAKLAND - POLICE DEPARTMENT."
FINDING AND DE'T'ERMINING THAT A PROPOSED AGREEMENT WITH
KOCKS CRANE AND MARINE COMPANY FOR ENGINEERING
FEASIBILITY CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR
SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID
AGREEMENT."
AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT
WITH CMB TRANSPORT N.V. AND NORSUL INTERNACIONAL S.A."
AUTHORIZING EXECUTION OF LE IIER AGREEMENT WITH GATEWAY
SERVICE CENTER PROVIDING FOR RENTAL CREDIT REIMBURSEMENT
FOR THE COST OF IMPROVEMENTS TO ASSIGNED PREMISES."
January 5, 1993
9
AWARDING CONTRACT TO CLYDE G. S ILAGALL, INC., DBA MIDVALLEY ELECTRIC FOR CONS'IRUCTION OF 115/12KV SUBSTATION AND
12KV DISTRIBUTION SYSTEM, PHASE I, OUTER HARBOR AND SEVENTH
S I REET TERMINALS, OAKLAND, CALIFORNIA; FIXING T14 F AMOUNT OF
BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING
ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO
BIDDERS."
FINDING AND DETERMINING
ERMINING THAT A PROPOSED THIRD
SUPPLEMENTAL AGREEMENT WITH GEOMATRIX CONSULTANTS, INC.,
FOR ENGINEERING DESIGN CONSULTING SERVICES CONSTITUTES
PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING
EXECUTION OF SAID THIRD SUPPLEMENTAL AGREEMENT."
ERMINING THAT A PROPOSED FIRST SUPPLEMENTAL
AGREEMENT WITH HARZA ENGINEERING COMPANY OF CALIFORNIA,
DOING BUSINESS AS HARZA KALDVEER, FOR ENGINEERING DESIGN
CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR
FIRST SUPPLEMENTAL AGREEMENT."
CONCERNING CERTAIN APPOINTMENTS."
APPROVING EXAMINATION ANNOUNCEMENT FOR THE POSMON OF
PORT CLAIMS ADMINISTRATOR."
'TERMINATING APPOINTMENT OF JAMES E. GREEN."
APPROVING AND AUTHORIZING FUNDING OF COSTS OF HULL SURVEY
FOR U.S.S. POTOMAC."
GRANTING EAST BAY SPORTS ASSOCIATES, L'I'D., DOING BUSINESS AS
MAC'S BAR AND GRILL PERMISSION TO PERFORM CERTAIN WORK."
GRANTING MAGIC WORLD PERMISSION TO PERFORM CERTAIN WORK."
January 5, 1993
- 10 -
GRANTING SNEAKERS PLUS PERMISSION TO PERFORM CERTAIN
WORK."
GRANTING SOUTHWEST AIRLINES CO., PERMISSION TO PERFORM
CERTAIN WORK."
GRANTING CALIFORNIA CRATING COMPANY DOING BUSINESS AS
GATEWAY SERVICE CENTER PERMISSION TO PERFORM CERTAIN
WORK."
AUTHORIZING PARTIAL SETTLEMENT OF INSURANCE CROSSCOMPLAINT IN REGARD TO CONSTRUCTION, METROPOLITAN
OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA."
COMMENDING ARRECE JAMESON UPON HER RETIREMENT AS CITY
CLERK, CITY OF OAKLAND."
Port Ordinance No. 3128 being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO CREATE SALARY SCHEDULES NOS. 200 THROUGH 299
TO ASSIGN CERTAIN EMPLOYEE CLASSIFICATIONS FORMERLY INCLUDED IN
THE PORT PAY FOR PERFORMANCE GRADES TO SAID SALARY SCHEDULES
TO PROVIDE FOR CONTINUATION OF SALARY RAI ES FOR INCUMBENT
EMPLOYEES IN SAID CLASSIFICATIONS AND TO PROVIDE FOR
ADMINISTRATION OF ASSIGNMENT OF RA I ES WITHIN SAID SCHEDULES";
Port Ordinance No. 3129 being, "AN ORDINANCE AMENDING PORT ORDINANCE
NO. 3113 TO MAKE AN ADDITION TO THE CLASSIFICATION SECTIONS
INCLUDED THEREIN FOR SALARY ADJUSTMENTS"; Port Ordinance No. 3130 being,
"AN ORDINANCE AMENDING PORT ORDINANCE NO. 2613, AS AMENDED,
FIXING CERTAIN REVISED PARKING RA 1ES IN THE PORTS PUBLIC
AUTOMOBILE PARKING FACILITIES AT ME I ROPOLITAN OAKLAND
INTERNATIONAL AIRPORT'; and Port Ordinance No. 3131 being, "AN ORDINANCE
January 5, 1993
- 11 -
AMENDING PORT ORDINANCE NO. 867 CREATING ONE ADDITIONAL POSH ION
OF MANAGEMENT ASSISTANT" was introduced and passed separately by the following
vote:
Ayes:
Second Vice President Broussard - 5
Noes:
None
Absent:
Port Ordinance No. being, "AN ORDINANCE AMENDING SECTIONS 10.013
AND 10.014 OF PORT ORDINANCE NO. 867", was introduced and passed separately by
the following vote:
Ayes:
Commissioners Kramer, Loh, Ortiz, Ward Allen
and Second Vice President Broussard - 5
Noes:
None
Absent:
Mr. Mohamed Dayani appeared before the Board to ask for special consideration as
the Port through its Marina Management team was evicting his boat for his failure to abide
by the Marina's rules and regulations. The Board received additional input in closed
session, and upon reconvening in open session informed Mr. Dayani that he had several days
to produce the necessary hull insurance papers and that the Board would, for the moment,
take his promise to abide by the rules and regulations of the harbor.
At the hour of 4:50 p.m., the Board entered into closed session as previously
announced by Vice President Broussard, and reconvened in open session at the hour of 5:37
p.m., at which time the meeting was adjourned on a motion duly made and seconded.
January 5, 1993
- 12 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, January 19, 1993, at the hour of
President Lockhart presiding, appropriate notice having been given and posted. An informal
portion was held during the period from 3:15 p.m., to 3:50 p.m., during which time the
Board received a presentation on the economic impact model for the Airport and Marine
Terminals.
Commissioners present:
Broussard, Furth, Kramer, Loh, Ortiz,
Ward Allen and President Lockhart - 7
None
Assistant Port Attorney, Thomas Clark; Director of Engineering; Director of Maritime
Affairs; Director of Commercial Real Estate; Director of Aviation; Director of Human
Resources; Director of Strategic and Policy Planning; Director of Governmental Affairs;
Port Controller; Public Affairs Manager; and Secretary of the Board.
The minutes of the regular meeting of August 4, 1992, were approved as submitted
and ordered filed.
President Lockhart informed the Board that he would call for a closed session at the
conclusion of the open session for the purpose of discussing pending litigation as provided
for under Government Code Section 54956.9 (b) and (c); and personnel matters as provided
for under Government Code Section 54957.
Commissioner Furth, Chair of the Human Resources Committee, informed the Board
that the committee had met and reviewed their current agenda.
Commissioner Kramer, Chair of the Commercial Real Estate Committee, infoiiued
the Board that the committee had met and reviewed their current agenda.
Commissioner Ortiz, Chair of the Port Customer Employment Resources Committee,
informed the Board that the committee had met and reviewed their current agenda.
Commissioner Broussard, Chair of the Aviation Committee, informed the Board that
the committee had met and reviewed their current agenda.
Approval of Change Order to Relocate Existing Exit Detector Station for Automatic
Vehicle Identification System, MOIA was the subject of a memo to the Board from the
Director of Engineering notifying the Board of the installation of the automatic vehicle
identification system at the Airport. The automatic vehicle identification system uses
electronic signals to detect "tagged" commercial vehicles as they enter and exit the Airport
Terminal Roadway and allows the Port to collect per-trip fees from commercial passenger
carrying shuttle and van vehicles entering and exiting the Airport. During the initial
operation of the system, it was discovered that some shuttle and van operators have been
circumventing the system by exiting the Airport via the unpaved east perimeter service road
paralleling the Airport Drive and exit loop. To eliminate this problem, it was proposed to
relocate the exit detector station 600 feet due north from its present location by relocating
the control/power panel and the pole/mast arm and installing a conduit duct bank to extend
the power and control cables. It was recommended that the Board approve issuing a change
order to Amtech Systems Corporation, the contractor, in the amount of $69,030.00 to
relocate the existing exit detector station and extend the completion date by 117 calendar
days. The recommendation was approved on passage of Resolution No. 93024.
Recommended Approval of License and Concession Agreement and First
Supplemental Agreement with American Airlines, Inc., was the subject of a memo to the
Board from the Director of Aviation notifying the Board that American Airlines has been
a tenant in the South Airport cargo building occupying 2,200 square feet at a monthly rental
of $1,650.00. The U.S. Postal Service requires American's cargo building space in order to
better carry on USPS operations, and American is willing to accommodate the USPS subject
to reimbursement for the costs American will incur in relocating to an adjacent bay within
the cargo building. It was recommended that the Board approve two agreements to provide
for the move. The first is an Agreement covering space in the building starting March 1,
January 19, 1993
-2-
1992 and terminating February 28, 1993 at a monthly rent of $1,650.00 pursuant to the Port
Ordinance rate. The second agreement, the First Supplemental Agreement, would allow
for the relocation of American's 2,200 square feet of space and a one-time payment to
American of $14,178.00 as reimbursement for relocation costs along with the Port's costs
associated with the project and a 10% rate of return, through a surcharge on the USPS rent.
The recommendation was approved on passage of Resolution No. 93025.
Recommended Approval of License and Concession Agreements - Joe Lucero, an
Individual dba Joe Lucero Printing; KaiserAir, Inc.; Trans-Box Systems, Inc; Morris Air
Service, Inc.; and Southwest Airlines Company was the subject of a memo to the Board
from the Director of Aviation recommending approval to enter into agreements with Joe
Lucero, an individual dba Joe Lucero Printing, for 6,787 square feet of shop space located
in Bldg. L-647, North Airport, at $1,587.80 per month; KaiserAir, Inc., for 1,281 square feet
of office space, 12,648 square feet of hangar space, 3,230 square feet of shop space, 1,615
square feet of paved and unpaved land, and 38,700 square feet of apron area, located in and
adjacent to Bldg. L-310 East, North Airport, at $6,117.94 per month; Trans-Box Systems,
Inc., for 4,415 square feet of shop space in Bldg. L-621 and 1,152 square feet of adjoining
paved parking, North Airport, at $842.28 per month; Trans-Box Systems, Inc., for 9,033
square feet of office/shop space in Bldg. L-633 and 5,940 square feet of adjoining unpaved
land; 11,849 square feet of office/shop space in Bldg. L-635 and 3,240 square feet of
adjoining unpaved land, North Airport, at $5,408.18 per month; Trans-Box Systems, Inc.,
for 2,611 square feet of office and shop space, 433 square feet of dock area in Bldg. L-643
and 1,965 square feet of adjoining paved land, at $733.75 per month. All of these Trans-Box
Systems, Inc., agreements are effective October 1, 1990. Trans-Box Systems, Inc., for 1,610
square feet of storage space in Bldg. L-633, at $371.19 per month, effective May 1, 1992.
Additional agreements with Trans-Box Systems, Inc., effective October 1, 1992 for 9,164
square feet of office and shop space, 2,413 square feet of storage space, and 5,940 square
feet of unpaved land in Bldg. L-633; 11,849 square feet of office and shop space and 3,240
January 19, 1993
-3-
square feet of unpaved land in Bldg. L-635; and 2,611 square feet of office and shop space,
433 square feet of dock area and 1,965 square feet of paved land at Bldg. L-643, North
Airport, at $7,484.34 per month. Trans-Box Systems, Inc., for 4,415 square feet of shop
space and 1,152 square feet of paved land in Bldg. L-621, North Airport at $949.92 per
month; Trans-Box Systems, Inc., for 4,175 square feet of storage space, 220 square feet of
dock area, 1,000 square feet of unpaved land and 880 square feet of paved land in Bldg. L870 Annex, at $926.75 per month; Southwest Airlines Company for 1,200 square feet of
ticket counter, 3,810 square feet of office, 3,600 square feet of bag make-up area, 716 square
feet of bag service office, 7,977 square feet of operations office, all located in Terminal
Bldg. M-130, South Airport, effective January 1, 1992, at $115,853.68 per month; and
Morris Air Service, Inc., for 403 square feet of ticket counter, 722 square feet of office space
and 1,848 square feet of bag make-up area, all located in Terminal Bldg. M-101, South
Airport, effective November 1, 1992, at $4,977.85 per month. The recommendations were
Recommended Approval of Agreement to Renew License and Concession Agreements
for the Term of One Year or Less - Trans-Box Systems, Inc., and Evergreen Aviation
Ground Logistics Enterprises, Inc., was the subject of a memo to the. Board from the
Director of Aviation recommending approval to renew the agreements for Trans-Box
Systems, Inc., for 4,415 square feet of shop space, and 1,152 square feet of adjoining parking,
at Bldg. L-621, North Airport, at $892.81 per month, effective January 1, 1991; Trans-Box
Systems, Inc., for 4,415 square feet of shop space and 1,152 square feet of adjoining parking
in Bldg. L-621, North Airport at $924.05 per month, effective January 1, 1992; Trans-Box
Systems, Inc., for 9,033 square feet of office/shop space, 5,940 square feet of adjoining
unpaved land, at Bldg. L-633, North Airport; and 11,849 square feet of office/shop space
in Bldg. L-635; and 3,240 square feet of adjoining unpaved land, at $5,732.67 per month,
effective January 1, 1991; Trans-Box Systems, Inc., for 9,033 square feet of office/shop
space, and 5,940 square feet of adjoining unpaved land at Bldg. L-633; 11,849 square feet
January 19, 1993
-4
of office/shop space and 3,240 square feet of adjoining unpaved land in 131dg. L-635, North
Airport, at $5,933.31 per month, effective January 1, 1992; Trans-Box Systems, Inc., for 2,611
square feet of office and shop space, 433 square feet of dock area, 1,965 square feet of
adjoining pavement in Bldg. L-643, at $765.30 per month, effective October 1, 1991; and
Evergreen Aviation Ground Logistics Enterprises, Inc., for 3,600 square feet of ramp storage
space on the South Airport, at $1,080.00 per month, effective February 1, 1992. The
recommendations were approved on passage of Resolution No. 93027.
Plans and Specifications, Construction of Asphalt Concrete Overlay of Taxiway 5 and
the Realignment of Taxiways 2 and 8, South Airport was the subject of a memo to the
Board from the Director of Engineering recommending their approval and authority to
advertise for bids for the work. The project will have the financial participation of the FAA
and the FAA has approved the plans and specifications for the work. The recommendation
Approval for Submittal of AIP-15 Preapplication to Federal Aviation Administration
Board that the Federal Aviation Administration has approximately $3 million in entitlement
funds that are available under the Airport Improvement Program for FY 1993 and
recommending approval to submit a preapplication for the funds. It is proposed that the
Port will use the $3 million entitlement funds toward a portion of the Earhart Road
Improvement project. The total estimated cost of the Earhart Road Improvements project
is $12,200,000.00. The balance of the FAA share is proposed to be funded under an
amendment to a previously approved AIP grant (ATP-12) and through future AIP programs.
The Port's share under the application would be $728,913.00. The recommendation was
Western Federal Savings and Loan Association - Assignment of Leases was the
subject of a memo to the Board from the Director of Commercial Real Estate notifying the
Board that Western Federal Savings and Loan Association has two ground leases in the
January 19, 1993
Embarcadero Cove area covering 5.77 acres of land. The teen of the leases is 50 years with
an expiration date of December 31, 2042. Two office buildings containing a total of
approximately 140,000 square feet were constructed on the site. The Port receives a
combined minimum rent of $184,344.00 per year against 8%® of office gross receipts and
31/2% of restaurant gross receipts. Western Federal Savings and Loan Association is
requesting consent to the assignment of the leases to Embarcadero Cove, CEIC, L.P., a
California Limited Partnership. The general partner of Embarcadero Cove CEIC, L.P., is
Cranbrook Equity Investment Corporation, a California corporation, owned by Richard H.
Kulka and James Devenport. Western Federal Savings and Loan is also requesting Port
consent to the encumbrance of the Lease and leasehold real property for both leases. The
purchase price is $4,500,000.00. The encumbrances are a Purchase Money Deed of Trust
in the amount of $3,375,000.00 and an Improvement Deed of Trust in the amount of
$1,200,000.00. The buyer is required to make a cash down payment of $1,125,000.00 at the
close of escrow. Western has also requested to be released from the Lease. It was
recommended that the requests be approved. The recommendation was approved on
passage of Resolution No. 93030.
Building Permit Application for Western Federal Savings and Loan Tenant
Improvements - Cove IV, 2000 Embarcadero was the subject of a memo to the Board from
the Director of Engineering recommending approval for the construction of certain tenant
improvements on the second and third floor of the building, Suites 205 and 303, for
Development Studies Center, a non-profit California corporation. The estimated cost of the
proposed work is $250,000.00. The project is categorically exempt and does not require the
preparation of an environmental document. The recommendation was approved on passage
New York City and Chicago Representatives Contract Approval was the subject of
a memo to the Board from the Director of Maritime Affairs notifying the Board that the
Port of Oakland's New York and Chicago offices were closed on September 18, 1990 and
January 19, 1993
-6-
June 30, 1992, respectively, and it was anticipated that the functions would eventually need
to be filled by agent-representatives in the U.S. In August 1992, solicitations were sent to
major agents in the United States requesting their statements of qualifications and interest
in representing the Port of Oakland in Chicago and New York. Ten agencies responded to
the Port's solicitation and four finalists were selected and interviewed. It was recommended
that the Board approve a contract with Inchcape Shipping Services to represent the Port of
Oakland in New York City and Chicago for a 16-month term commencing March 1, 1993.
Inchcape will receive $10,000.00 per month to cover wages, benefits, administrative support,
local travel and entertainment. The recommendation was approved on passage of
Resolution No. 93032.
Approval of Change Order for Construction of Revised Matson Yard Entrance,
Seventh Street Terminal was the subject of a memo to the Board from the Director of
Engineering notifying the Board of the contract with Gallagher and Burk, Inc., for
construction of the realignment of Seventh Street west of Ferry Street, Seventh Street
Terminal. The project is in conjunction with the Berth 30 Terminal yard and requires
revisions to the Matson yard entrance for Berths 32-34. At the time the Seventh Street
Realignment contract was advertised for bid, the Port and Matson had been unable to reach
agreement on the layout of the new entrance and the work was not included in the bid
documents. The yard entrance has now been designed and in order to avoid significant
delays in the completion of Seventh Street and the completion of the Berth 30 yard, it was
recommended that the Board approve a change order to Gallagher and Burk for
construction of a revised entrance to the Matson Terminal yard at an estimated cost of
$750,000.00. The recommendation was approved on passage of Resolution No. 93033.
Plans and Specifications for 1993 Structural. Inspection and Repair of KSEC Cranes
X-409 and X-410 at Berth 24, and X-417 at Berth 67 was the subject of a memo to the
Board from the Director of Engineering recommending their approval and authority to
advertise for bids for the inspection and repair work. The work consists, in general, of
January 19, 1993
7
providing mobile cranes, rigging, and scaffolding required to gain access to test the welded
and bolted joints on the container cranes. The work also includes preparing welded joints
for non-destructive test inspection by removing paint, removing and replacing any defective
welds found, and touch-up painting of the tested/repaired areas. The project is categorically
exempt and does not require the preparation of an environmental document. The
Plans and Specifications, Asphalt Concrete Overlay of Berth 23, Outer Harbor
Terminal was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the pavement
improvements. The scope of work consists of constructing an asphalt concrete overlay over
approximately 20 acres of yard, including raising railroad tracks, fire hydrants, utility vaults,
and electrical equipment; installing storm drainage and slotted drainage systems,; and
installing pavement striping and graphics. The work also includes repair of certain utility
structures which were damaged by the Loma Prieta Earthquake of 1989. A Damage Survey
Report has been prepared by FEMA with negotiations to continue on the cost estimate
described in the DSR. The project is categorically exempt and does not require the
Resources recommended the appointment of Jeanette Doug, Governmental Affairs
Specialist, effective February 1, 1993, at $4,584.00 per month; Oceana Rames, Associates
Port Transportation Planner, effective January 20, 1993, at $3,801.00 per month; Denise
Sullivan, Intermediate Stenographer Clerk, effective January 20, 1993, at $2,223.00 per
month; and John Green, Engineering Intern, effective January 20, 1993, at $14.64 per hour;
and the amendment of appointment for Margaret Hamilton, Airport Technical
Communications Supervisor, effective January 6, 1993, at $2,907.00 per month. Also
recommended were the adjustments of salary appointments for Ben Betancourt, Airport
January 19, 1993
-8-
Manager, to $7,480.00 per month within Salary Grade 14; William Wade, Airport
Operations Manager, to $6,965.00 per month, within Salary Grade 13; William West,
Manager of Airport Properties, to $6,746.00 per month, within salary grade 13; Dennis
White, Senior Commercial Representative, to $6,746,00 per month, within Salary Grade 13;
and James Gardner, Airport Terminal Services Manager, to $6,137.00 per month, within
Salary Grade 12; and the amendment of salary grade assignments for Airport Manager from
Salary Grade 14 to Salary Grade 15; Airport Operations Manager, from Salary Grade 13
to Salary Grade 14; Airport Terminal Services Manager, from Salary Grade 12 to Salary
Grade 13. Further recommended was the assignment of Salary Schedules for Port Principal
Programmer/Analyst to Salary Schedule 269; Intermodal Marketing Representative, to
Salary Schedule 262.50; Contracts Analyst - Traffic Representative III, to Salary Schedule
244.18; Governmental Affairs Specialist to Salary Schedule 267.67; Port Claims
Administrator, to Salary Schedule 268; Port Claims Technician, to Salary Schedule 218; Port
Insurance Technician, to Salary Schedule 2:18; and the approval of examination
announcements for Port Equipment Systems Engineer and Port Principal
Programmer/Analyst. The recommendations were approved on passage of Resolution No.
93036 for amending appointment, Resolution No,. 93037 for assigning Salary Rates;
Resolution No. 93038 for examination announcements and Resolution No. 93042 for
appointments, and on an ordinance passed to print for Salary Grade Assignments and Salary
Schedules.
Request for Approval to Execute a Second Supplemental Agreement with Martin
O'Connell Associates for Update of the Economic Impact Model was the subject of a memo
to the Board from the Director of Strategic and Policy Planning notifying the Board that the
Port Economic Impact Model is used to identify the employment and business activity
created by the Port's operations, and to forecast the economic benefits of expanding
operations. The Model includes three components, one for each of the three Port revenue
areas. The Board approved execution of a contract with Martin O'Connell Associates to
January 19, 1993
-9
update the maritime component and the aviation component. The third and final
component of the Model, dealing with Commercial Real Estate economic impacts, remains
to be updated and it was recommended that the Board authorize the preparation and
execution of a Second Supplemental Agreement with Martin O'Connell Associates to update
the model. The authorized maximum compensation will be increased from $75,000.00 to
$102,000.00 to provide for the additional professional services, with certain additional work
available at the discretion of the Executive Director. The recommendation was approved
vote:
Ayes:
Commissioners Broussard, Furth, Kramer, Loh, Ortiz, Ward Allen and
President Lockhart - 7
Noes:
None
Absent:
None
FOR APPROVAL OF CHANGE ORDER TO RELOCA1E EXISTING EXIT
DETECTOR STATION FOR AUTOMATIC VEHICLES IDENTIFICATION
SYSTEM, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,
OAKLAND, CALIFORNIA."
AND CONCESSION AGREEMENT AND FIRST SUPPLEMENTAL
AGREEMENT WITH AMERICAN AIRLINES, INC."
AND CONCESSION AGREEMENTS WITH JOE LUCERO DBA JOE LUCERO
PRINTING, KAISERAIR, INC., TlUiNSBOX SYSTEMS, INC., (7
AGREEMENTS) MORRIS AIR SERVICE, INC., AND SOUTHWEST AIRLINES
CO."
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENTS TO
RENEW LICENSE AND CONCESSION AGREEMENT FOR 'PERM OF ONE
YEAR OR LESS WITH TRANS-BOX SYS'T'EMS, INC., (5 AGREEMENTS), AND
EVERGREEN AVIATION GROUND LOGISTICS ENTERPRISES, INC."
January 19, 1993
- 10 -
APPROVING PLANS AND SPECIFICATIONS FOR CONS 1RUCTION OF
ASPHALT CONCRETE OVERLAY OF TAXIWAY 5 AND THE
REALIGNMENT OF TAXIWAYS 2 AND 8, SOUTH FIELD, METROPOLITAN
OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; AND
CALLING FOR BIDS THEREFOR."
AUTHORIZING THE EXECUTIVE DIRECTOR TO FILE PREAPPLICATION
WITH THE FEDERAL AVIATION ADMINISTRATION UNDER THE
AIRPORT IMPROVEMENT PROGRAM, AIP-15."
CONSENTING TO ASSIGNMENT AND ENCUMBRANCE OF LEASES WITH
WESTERN FEDERAL SAVINGS & LOAN ASSOCIATION AND
AUTHORIZING EXECUTION OF AGREEMENTS AND LESSOR'S ESTOPPEL
CERTIFICATES IN CONNECTION THEREWITH."
RESOLUTION GRANTING WESTERN FEDERAL SAVINGS AND LOAN
ASSOCIATION PERMISSION TO PERFORM CERTAIN WORK."
"RESOLU HON NO. 93032
FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH
INCHCAPE SHIPPING SERVICES FOR EAST COAST AND MIDWEST
REPRESENTAIION SERVICES CONS'TITU'TES PROFESSIONAL OR
AGREEMENT."
FOR APPROVAL OF CHANGE ORDER FOR CONSTRUCTION OF REVISED
MATSON YARD ENTRANCE FOR REALIGNMENT OF SEVENTH S IREET,
"RESOLU'T'ION NO. 93034
APPROVING PLANS AND SPECIFICATIONS FOR 1993 STRUCTURAL
INSPECTION AND REPAIR OF KSEC CRANES X-409 (007-2) AND X-410 (0073) AT BERTH 24, OUTER HARBOR TERMINAL AND X-417 (007-1) AT
BERTH 67, HOWARD TERMINAL, PORT OF OAKLAND, OAKLAND,
CALIFORNIA; AND CALLING FOR BIDS THEREFOR."
APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF
ASPHALT CONCRETE: OVERLAY OF BERTH 23, OUTER HARBOR
'TERMINAL, OAKLAND, CALIFORNIA; AND CALLING FOR BIDS
THEREFOR."
January 19, 1993
- 11 -
AMENDING RESOLUTION NO. 93013 CONCERNING CERTAIN
APPOINTMENTS."
ASSIGNING CERTAIN EMPLOYEES TO CERTAIN SALARY RAILS."
APPROVING EXAMINA HON ANNOUNCEMENTS FOR THE POSI I IONS OF
PORT EQUIPMENT SYSTEMS ENGINEER AND PORT PRINCIPAL
PROGRAMMER ANALYST."
FINDING AND DETERMINING THAT A PROPOSED SECOND
SUPPLEMENTAL AGREEMENT WITH MARTIN O'CONNELL ASSOCIATES
FOR ECONOMIC CONSULTING SERVICES CONSTITUTES PROFESSIONAL
OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID
SECOND SUPPLEMENTAL AGREEMENT."
GRANTING SNEAKERS PLUS PERMISSION TO PERFORM CERTAIN
WORK."
GRANTING ALAMEDA NEWSPAPER GROUP PERMISSION TO PERFORM
CERTAIN WORK."
The following resolution was introduced and passed separately by the following vote:
Ayes:
Commissioners Broussard, Furth, Kramer, Loh, Ortiz, and
Noes:
None
Abstain:
Commissioner Ward Allen - 1
Absent:
None
January 19, 1993
- 12 -
Port Ordinance No. 3132 being, "AN ORDINANCE AMENDING SECTIONS 10.013
AND 10.014 OF PORT ORDINANCE NO. 867", was read a second time and passed by the
following vote:
Ayes:
Commissioners Broussard, Furth, Kramer, Loh, Ortiz, Ward Allen
and President Lockhart - 7
Noes:
None
Absent:
None
Port Ordinance No. being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO CREAIE NEW SALARY SCHEDULE NO. 267.67
REVISING POSITION SALARY GRADES FOR AIRPORT MANAGER, AIRPORT
OPERATIONS MANAGER AND AIRPORT TERMINAL SERVICES MANAGER TO
ASSIGN SALARY SCHEDULES TO CERTAIN POSITIONS", was introduced separately
and passed to print by the following vote:
Ayes:
Noes:
None
Absent:
None
At the hour of 5:20 p.m., the Board entered into closed session as previously.
announced by President Lockhart, and reconvened in open session at the hour of 5:50 p.m.,
after which time the meeting was adjourned on a motion duly made and seconded.
January 19, 1993
- 13 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held oa Tuesday, February 2, 1993, at the hour of
Board received a briefing on the Management Letter as submitted by Deloitte and Touche,
the Port's auditors, and a report on the plans for the new Amtrak Station by Mr. Lee
Carney, the lead architect on the project.
Commissioners present: Kramer, Lob, Ortiz, Ward Allen and
Commissioners absent: Broussard and Furth - 2
Also present were the Executive Director; Port Attorney; Airport Manager; Director
of Human Resources; Director of Engineering; Chief Engineer; Director of Maritime
Affairs; Director of Equal Opportunity; Port Controller; and Secretary of the Board.
President Lockhart info wed the Board that he would call for a closed session at the
conclusion of the open session to discuss pending litigation involving the Report of the Port
Attorney on Litigation Matters as provided for under Government Code Section 54956.9 (a)
and pending litigation matters as provided for under Government Code Section 54956.9 (b)
and (c).
Commissioner Kramer, Chair of the Human Resources Committee, informed the
Board that the committee had met and reviewed their current agenda.
Award of Contract for Security Guard Service at Airport was the subject of a memo
to the Board from the Director of Aviation notifying the Board of the proposals for the
security guard service at the Airport and that the recommended firm appears to be
withdrawing their proposal as originally submitted. It was recommended that the Board
authorize a continuation of the current contract with Cal State Patrol, Inc., for an additional
month, ending February 28, 1993, at an estimated cost of $50,000.00. The recommendation
Recommended Approval of First Supplemental Agreement, Alaska Airlines, Inc., was
the subject of a memo to the Board from the Director of Aviation recommending approval
to amend the agreement with Alaska Airlines, Inc., to reflect the use of 5,780 square feet
of warehouse space in Bldg. M-106 and the deletion of 4,230 square feet of paved land
adjacent to Bldg. M-106, South Airport, at $4,046.00 per month, effective November 7, 1991.
Recommended Approval of New License and Concession Agreement, Alaska Airlines,
Inc., was the subject of a memo to the Board from the Director of Aviation recommending
approval to renew the agreement with Alaska Airlines for 5,780 square feet of warehouse
space in Bldg. M-106, South Airport, at $4,335.00 per month, effective May 1, 1992. The
recommendation was approved on passage of Resolution No, 93045.
Recommended Approval of Automated Teller Machine Facility Agreement with First
Metropolitan Credit Union was the subject of a memo to the Board from the Director of
Aviation recommending approval of a three-year agreement with First Metropolitan Credit
Union to install one automatic teller machine in each terminal. In response to passenger
requests, the First Metro ATMs would provide additional access to all major ATM
networks, include Cirrus, STAR and PLUS, as well as the CO-OP Credit Union network.
It was noted that Bank of America and American Express each have ATMs at the South
Airport. The proposed rent would be $300.00 per month for each ATM location or a total
of $600.00 per month. The recommendation was approved on passage of Resolution No.
93046.
Recommended approval of Agreement to Renew License and Concession Agreement
for the Term of One Year or Less - American Airlines. Inc., was the subject of a memo to
the Board from the Director of Aviation recommending approval to renew the agreement
with American Airlines, Inc., for 2,200 square feet of warehouse space between building
February 2, 1993
-2-
lines 5 and 6 of Bldg. M-106, South Airport, at $1,650.00 per month, effective March 1,
1993. The recommendation was approved on passage of Resolution No. 93047.
Acceptance of Federal Aviation Administration AIP-09, Grant Amendment No. 3 was
of the original multi-year Airport Improvement Program grant offer from the Federal
Aviation Administration of $4,432,450.00 for the overlay of Runway 11-29. The first
allocation for FY 1988 was for $1,043,384.00 with two additional amendments for funding
and to change the scope of the work to include additional repair work to the remainder of
the runway. The project is complete and the Port has remaining funds of $1,599,816.00
available under the grant. It was recommended that the Board accept the Federal Aviation
Administration's AIP-09 Amendment No. 3 to the Grant Agreement which would provide
$1,599,816.00 to upgrade Taxiway 5. The total estimated cost of the project is $2,960,000.00
with the Port's share of $1,360,184.00 which will be offset by passenger facility charge funds.
Award of Contract, Construction of Parking Office Improvements, Building F-601,
Jack London Square was the subject of a memo to the Board from the Director of
Engineering notifying the Board of the four bids received and recommending award of the
contract to Edward A. Sparacino, General Contractor, the low bidder, at $44,700.00. The
Approval of Change Order for Processing Potentially Hazardous Material from Berth
30 Wharf Construction was the subject of a memo to the Board from the Director of
Engineering recommending approval to issue a change order at an estimated cost of
$1,000,000.00 to General Construciton Company for reimbursement of additional costs
associated with processing and handling the stockpiled potentially hazardous material at
Berth 30. The Board was previously advised that approximately 50,000 cubic yards of
existing fill material excavated from the site and stockpiled across Seventh Street may
contain potentially hazardous levels of lead and that the Port planned to screen the material
February 2, 1993
-3-
to remove the rocks and to test the remaining material. The contractor is entitled to
compensation for the additional cost incurred in handling and processing the large stockpile
of potentially hazardous material as compared with handling and processing a smaller,
relatively clean, pile of rocky material. This additional cost includes additional labor and
equipment, modifying the screening equipment and may also include loss of production due
to a slower processing rate. The recommendation was approved on passage of Resolution
No. 93050.
Recommendation to Authorize and Agreement Between the Port and Gahagen and
Bryant Associates, Inc., to Perform Professional Services in Support of Oakland Harbor
Deepening (to -42') Project was the subject of a memo to the Board from the Director of
Engineering recommending approval to enter into an agreement with Gahagen and Bryant
Associates, Inc., to perfoi in professional services for preliminary engineering work in support
of the Oakland Harbor Deepening (to -42') Project. The Corps of Engineers is preparing
a Supplemental Environmental Impact Report/Statement for the project, and the Port is
responsible for providing lands, easements, rights-of-way, and dredge materials disposal
areas. The Corps has requested that the Port prepare sections of the report addressing the
impacts of upland disposal of dredged sediments that are unsuitable for aquatic disposal.
One site under consideration for upland disposal is the Leonard Ranch, in Sonoma County
and a preliminary engineering analysis of the site must be performed. As compensation for
their services, the firm will be paid at agreed billing rates for performing the scope of work
up to a total maximum compensation of $17,600.00 with $3,500.00 available at the discretion
of the Executive Director. The recommendation was approved on passage of Resolution
No. 93051.
Resources recommending the appointment of Wilson Kung, Port Electrician, effective
February 3, 1993, at $3,874.00 per month; Robert Stone, Port Electrician, effective February
3, 1993, at $3,874.00 per month; Peter Smurl, Associate Port Transportation Planner,
February 2, 1993
-4-
effective February 22, 1993, at $3,801.00 per month; and Jennifer Russell, Port Job
Researcher, effective February 8, 1993, at $2,649.00 per month.
Ms. I inda Olvera, President of the Oakland Chapter of the Mexican-American
Political Association and Mr. Ignacio De La Fuente, member of the Association and an
Oakland City Councilman, appeared before the Board to allege certain discrepancies in the
hiring practices of the Port, and in particular, the hiring of Jennifer Russell, a black female,
as Port Job Researcher, when there may be a pool of qualified Hispanics.
After considerable discussion, Commissioner Ortiz moved that the appointment of
Jennifer Russell be removed from the Board's calendar for further study of several Port
related issues. The motion was seconded and passed unanimously.
Also recommended was the amendment of appointment of Robert Gardner,
Manager, Airport Technical Communications and. Administrative Services, to reflect
$4,669.00 per month as his salary, effective September 30, 1992; and the appointment date
of Jeannette Dong, Government Affairs Specialist, be amended to reflect February 22, 1993,
as her start date. Further recommended was approval of the examination announcements
for the position of Port Claims Technician and Port Insurance Technician. The
recommendations were approved on passage of Resolution No. 93052 for appointments,
Resolution No. 93053 amending appointments, and Resolution No. 93054 for examination
announcements.
Contract for Consultant to Perform Organizational Development Workshops for the
Maritime Division was the subject of a memo to the Board from the Director of Human
Resources notifying the Board that Ben Harrison Associates, Inc., professional consultants,
were retained to design and facilitate focus groups and organizational development
workshops for the Maritime Division at a cost of $12,000.00. In July 1992, they were rehired
to continue their work and to assist the Director of the Maritime Division in finalizing the
reorganization of the Division at a cost of $51,750.00. As the Maritime Division requires
further use of Ben Harrison Associates, Inc., it was recommended that the
February 2, 1993
-5-
Board approve an additional contract to extend over 6 months at a total cost of $30,000.00.
After discussion, the recommendation was approved on passage of Resolution No. 93055.
Amend Agreement for Professional Construction Management Services was the
subject of a memo to the Board from the Director of Engineering notifying the Board of the
agreement with Sverdrup Corporation to provide professional construction management
services. The scope of work includes providing construction contract administration and
inspection during peak workload periods to supplement Port staff and providing technical
support in specialty areas such as construction claims, schedules, estimates and buildability
reviews of bid documents. The firm is currently supporting Port staff on the contract
administration of Berth 30 Wharf Construction and several other projects related to the
construction of Berth 30. It was recommended that the Board authorize the preparation and
execution of a Supplemental Agreement with Sverdrup Corporation, extending the subject
professional services agreement for two years. The original maximum compensation which
can be paid under the terns of the agreement is $800,000.00 with an annual maximum of
$400,000.00 per year. To date Sverdrup Corporation has been paid a total of $376.652.00
for their services and the extension will not require an increase to the authorized maximum
compensation. The recommendation was approved on passage of Resolution No. 93056.
Approval of Specifications and Authorization to Utilize State Contract for Purchase
of Motor Vehicles was the subject of a memo to the Board from the Director of Engineering
notifying the Board of the need to replace and acquire certain new vehicles. It was
recommended that the Board authorize the purchase of the twelve vehicles through State
of California contracts at a cost of approximately $135,000.00 plus taxes and fees, and the
solicitation of bids for five special vehicles and two sedans which are not available through
the State. It was further recommended that the Board declare the fifteen vehicles scheduled
for replacement as surplus and authorize their sale by the Executive Director. The
recommendations were approved on passage of Resolution No. 93058 for State purchase and
on Resolution No. 93059 for open purchase.
February 2, 1993
-6
vote:
Ayes:
Noes:
None
Absent:
Commissioners Broussard and Furth - 2
FINDING AND DE IERMINING THAT IT IS IN THE BEST INTEREST OF
THE PORT TO EXTEND THE AIRPORT SECURITY SERVICE AGREEMENT
WITH CAL STALE PATROL SERVICE, INC., FOR AN ADDITIONAL MONTH
THROUGH FEBRUARY 28, 1993; TO DISPENSE WITH COMPETITIVE BIDS
FOR SECURITY GUARD SERVICES AT THE METROPOLITAN OAKLAND
IN1ERNATIONAL AIRPORT FOR SUCH PERIOD; AND AUTHORIZING
SUCH EXTENSION."
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN FIRST
SUPPLEMENTAL AGREEMENT WITH ALASKA AIRLINES, INC."
AND CONCESSION AGREEMENT WITH ALASKA AIRLINES, INC."
AUTHORIZING EXECUTION OF AUTOMATED 'FELLER MACHINE
FACILITY AGREEMENT WITH FIRST METROPOLITAN CREDIT UNION."
RENEW LICENSE AND CONCESSION AGREEMENT FOR TERM OF ONE
YEAR OR LESS WITH AMERICAN AIRLINES, INC."
ACCEPTING AMENDING NO. 3 TO GRANT OFFER OF THE UNITED
STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT
NO. 3 TO GRANT AGREEMENT WITH THE FEDERAL AVIATION
ADMINISTRATION UNDER PROJECT NO. 3-06-0170-09, CONTRACT NO.
D 11-A08-88-C-30330."
February 2, 1993
-7-
AWARDING CONTRACT TO EDWARD A. SPARACINO, GENERAL
CONTRACTOR, FOR CONSTRUCTION OF PARKING OFFICE
IMPROVEMENTS BUILDING F-601, JACK LONDON SQUARE, OAKLAND,
CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN
CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND
DIRECTING RETURN OF BID BONDS TO BIDDERS."
APPROVING AND RA I II-YING ISSUANCE OF CHANGE ORDER FOR
PROCESSING POTENTIALLY HAZARDOUS MATERIAL, CONS'T'RUCTION
OF BERTH 30 WHARF, SEVENTH STREET 'TERMINAL, OAKLAND,
CALIFORNIA."
"RESOLU I ION NO. 93051
GAHAGEN AND BRYANT ASSOCIATES, INC., FOR ENGINEERING
CONSULTING SERVICES CONS'TITUTE'S PROFESSIONAL OR SPECIALIZED
SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT."
AMENDING CERTAIN APPOINTMENTS."
APPROVING EXAMINATION ANNOUNCEMENTS FOR THE POSITIONS OF
PORT CLAIMS 'TECHNICIAN AND PORT INSURANCE TECHNICIAN."
BEN HARRISON ASSOCIATES, INC., FOR CONSULTING SERVICES
CONS'IlTU IES PROFESSIONAL OR SPECIALIZED SERVICES; AND
AUTHORIZING EXECUTION OF SAID AGREEMENT."
FINDING AND DE ERMINLNG THAT APR °POSED FIRST SUPPLEMENTAL
AGREEMENT WITH SVERDRUP CORPORATION FOR CONSTRUCTION
MANAGEMENT SERVICES FOR AN ADDITIONAL TWO YEARS
CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND
AUTHORIZING EXECUTION OF SAID FIRST SUPPLEMENTAL
AGREEMENT."
February 2, 1993
-8-
"RESOLUIION NO. 93057
FINDING AND DE LERMINING THAT CERTAIN MOTOR VEHICLES
OWNED BY THE PORT ARE NO LONGER REQUIRED FOR PORT USE
AND AUTHORIZING AND APPROVING THEIR SALE AT PUBLIC AUCTION
OR PRIVA1E SALE."
FINDING AND DEIERMINING THAT IT IS IN THE BEST INTEREST OF
THE PORT TO PROCURE TWELVE MOTOR VEHICLES WITHOUT
COMPETITIVE BIDDING AND AUTHORIZING SAID PROCUREMENT
UNDER STA'1E OF CALIFORNIA CONTRACT."
APPROVING PLANS AND SPECIFICATIONS FOR THE PURCHASE OF
CERTAIN VEHICLES AND CALLING FOR BIDS THEREFOR."
GRANTING FORMAL RECOGNITION TO INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, LOCAL 1245 AS
MAJORITY REPRESENTATIVE OF THE AIRPORT OPERATIONS
SUPERVISORY UNIT."
RATIFYING MEMORANDUM OF UNDERSTANDING WITH
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL
1245 (ENGINEERING SUPERVISORY/ADMINISTRATIVE UNIT)."
APPROVING THE FILING AND CROSS-COMPLAINT AGAINST
INFORMATION SYSTEMS AND NETWORKS CORPORATION."
AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT 'WITH
CHOYANG SHIPPING COMPANY."
ORDINANCE NO. 867 FIXING THE COMPENSAIION OF EMPLOYEES IN THE
PORT DEPARTMENT IN THE ENGINEERING SUPERVISORY/ADMINISTRATIVE
UNIT', was read separately and passed by the following vote:
February 2, 1993
-9
Ayes:
Noes:
None
Absent:
ORDINANCE NO. 867 TO CREAIE NEW SALARY SCHEDULE NO. 267.67,
REVISING POS111ON SALARY GRADES FOR AIRPORT MANAGER, AIRPORT
OPERATIONS MANAGER AND AIRPORT I ERMINAL SERVICES MANAGER AND
TO ASSIGN SALARY SCHEDULES TO CERTAIN POSITIONS' was read a second time
Ayes:
Noes:
None
Absent:
at which time the meeting was adjourned on a motion duly made and seconded.
Secretary of the Board
February 2, 1993
- 10 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, February 16, 1993, at the hour
of 3:23 p.m., in the office of the Board, second floor, 530 Water Street, Oakland, California,
President Lockhart presiding, appropriate notice having been given and posted.
Broussard, Kramer, Loh, Ortiz, Ward Allen and
Furth - 1
Director of Engineering; Director of Aviation; Director of Commercial Real Estate;
Director of Human Resources; Director of Maritime Affairs; Director of Equal Opportu
Director of Strategic and Policy Planning; Director of Public Affairs; Director of
Governmental Affairs; and Secretary of the Board.
Commissioner Kramer, member of the Human Resources Committee, informed the
Commissioner Kramer, Chair of the Commercial Real Estate Committee, informed
President Lockhart, Chair of the Maritime Committee, informed the Board that the
committee had met and reviewed their current agenda.
Joint Funding Agreement Between the Port and BART for the Oakland Airport
Intermodal Connector Study was the subject of a memo to the Board from the Director of
Aviation notifying the Board that previously the Board authorized the participation of the
Port as a joint project sponsor in updating the BART-Oakland Airport Connector study and
the expenditure of up to $40,000.00 as the Port's share of the study. Both agencies have
been in the process of selecting a consultant to begin updating the 1980 study. The
identified consultant will perform the work for approximately $140,000.00. As the project
will be corresponding with the federal demonstration grant to determine the feasibility of
using a "Suspended Light Rail Technology" to connect the Airport with the BART system,
it was recommended that the Board authorize an increase in the Port's share of the BARTOakland Airport Connector study from $40,000.00 to $70,000.00. The recommendation was
Ratification of Emergency Repairs of American Canyon Levee was the subject of a
memo to the Board from the Director of Engineering notifying the Board that in 1986, the
Port of Oakland purchased 461 acres of grazing and wetlands in American Canyon as part
of the wetland mitigation requirements for the Corps of Engineers PERMIT #14003E48B
for fill at the Airport for Air Cargo Development. The levee to the south of the Port's
property is owned by the State of California Department of Fish and Game and the levee
needs to be maintained to prevent flooding of Port property. The Department of Fish and
Game has infoinied the Port that they lack resources to maintain their levee. During the
late November 1992 staims and high tides, a fifty foot section of the levee broke and
flooded the Port's property. Emergency repairs were needed to avoid continued flooding
of the Port's property, and the Director of Engineering authorized emergency repairs to the
levee and Heide and Williams, Inc., a local general contractor, performed the repairs on
time and material basis. To date approximately $45,000.00 has been spent for the repairs
to the levee. It was recommended that the Board ratify the emergency action authorized
by the Director of Engineering and the expenditure of $50,000.00 for the needed levee
repairs. The recommendation was approved on passage of Resolution No. 93065.
February 16, 1993
-2-
for the Term of One Year or Less - Pacific State Airline Services was the subject of a memo
to the Board from the Director of Aviation recommending approval to renew the License
and Concession Agreement with Pacific Sate Airline Services for access to Airport
terminal buildings to provide electric cart service to airline passengers at $100.00 per month.
Recommended approval of First Supplemental Agreement to License and Concession
Agreements - Avis Rent A Car System, Inc., and The Hertz Corporation was the subject of
a memo to the Board from the Director of Aviation notifying the Board that the seven
rental car concessionaires use in common a 166,530 square foot area in the South Airport
parking lot for the rental car ready car lot. The number of parking spaces each
concessionaire is assigned is based on its market share as evidenced by gross revenue. The
existing monthly rental is $34.00 per parking space. The ready car lot contains 395 total
spaces. It was recommended that the agreements with Avis and Hertz be amended to
provide for an extension of term for the period September 1, 1992 through July 31, 1993;
reassign parking stalls for Avis Rent A Car System, Inc., from 86 to 75 parking spaces and
the Hertz Corporation from 111 to 108 parking spaces; and provide an updated "Toxic
Materials" provision. The recommendation was approved on passage of Resolution No.
93067.
Approval of Specifications, Furnish and Deliver Two New Airport Rescue and Fire
Fighting Vehicles was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the construction and
delivery of two identical airport rescue and fire fighting vehicles. The vehicles will replace
the existing twenty-five year old Ansul "Magnum" Airport Rescue and Dire Fighting vehicles
which are outdated and do not meet current Federal Aviation Administration specifications.
The FAA overpaid the Port in the amount of $362,655.00 under the AIP-01 grant but agreed
not to require the Port to refund the grant overpayment if the money was used to purchase
February 16, 1993
-3-
an ARFF vehicle. The first ARFF vehicle fulfills that agreement. The second ARFF
vehicle has been included in the FY 1993 budget of the Passenger Facility Charges Program.
Jack London Square Parking Program Revision was the subject of a memo to the
Board from the Director of Commercial Real Estate notifying the Board of the ordinance
which establishes the parking rates that presently exist in Jack London Square and
recommending that the Board approve a new promotional parking program to promote
retail shopping. The program basically establishes longer periods of free parking in certain
parking facilities. Parking Lots 5, 7, and 9 and the Underground Parking Garage and Lot
12 will continue with the current parking and validation program with an increase in the
daily maximum rate. The first hour would be free with validation, and each 1/2 hour
thereafter would be $.75 with a $6.00 maximum rate through the end of the 12th hour. It
is proposed that the Washington Street Garage and Lot 13 will be free for 3 hours for
transient customers, thereafter the rates would be $.75 per half hour. It was also
recommended that the monthly parking for the parking structure for 1-29 passcards would
be $50.00 per month plus $5.00 City Tax; 30-39 passcards would be $45.00 per month plus
$4.50 City Tax; and 40 or more passcards would be $40.00 per month plus $4.00 City Tax.
Further recommended was an increase for Port parking meter rates to $.75 per hour in
keeping with the recent increase in City of Oakland parking meter rates. The
recommendation was approved on an ordinance passed to print.
RAGH, Inc., dba KDIA-AM. Consent to Assignment of Lease to 1310. Inc., was the
Board that RAGH, Inc., occupies 6.9 acres of water and land area near the Bay Bridge toll
plaza as a radio transmitter site for radio station KDIA. The site is improved with a 4,700
square foot building structure formerly used as the office and studio facilities for KDIA.
The Port's five-year Lease Agreement with RAGH, Inc., expires January 31, 1994. RAGH,
Inc,. recently completed a sale of the radio station's assets to a group identified as 1310, Inc.
February 16, 1993
-4-
The principal owners of 1310, Inc., are Assemblyman Willie Brown and Mayor Ellin' Harris.
It was recommended that the Board consent to the assignment of the lease from RAGH,
Inc., to 1310, Inc,. conditioned upon the acceptance of the assignment document by the Port
Attorney and under the stipulation that RAGH, Inc., will remain liable under the lease.
Approval to Dispense with Formal Bids. Construction of the Passenger Rail Station
Facility at Jack London Square was the subject of a memo to the Board from the Director
of Engineering notifying the Board of the proposal to build a passenger rail station facility,
for use by Amtrak, at the site bordered by Second, Embarcadero, Alice and Harrison
Streets. The project includes the construction of an approximately 15,000 square foot
station, two 1,600 linear foot rail platforms, an adjacent parking lot and bus parking facility,
a pedestrian bridge across Embarcadero Street, and street improvements along
Embarcadero. The project was originally scheduled for completion in August 1994, but is
now being accelerated to complete the station by the time Amtrak is forced to vacate the
present station at 16th and Wood Streets, which is being demolished by Caltrans to construct
the 1-880 freeway replacement. The Port has committed to Amtrak that the station will be
operational by December 1993. In order to ensure the timely start of the construction of
the passenger rail station facility, it was recommended that the Board dispense with formal
bids and solicit proposals from a minimum of four qualified general contractors. Because
the plans and specifications for the entire work will not be completed at the time the
proposals are requested, the contractors will be asked to submit a fixed price for the general
contractor's portion of the work, including bonds, insurance, securing subcontractors for the
various portions of the work as the design is completed, and managing and coordinating the
subcontractors throughout the project. The contractors will also be asked to submit a
guaranteed maximum price for the entire contract, based upon the preliminary specifications
and design development drawings available at the time proposals are requested. The list
of contractors who will be asked to provide proposals will be compiled based on the Port's
February 16, 1993
-5-
experience in previous contracts for similar facilities, recommendations from the Port's
design consultants and other engineering firms. The recommendation was approved on
Sixth Supplemental Agreement with Maersk Pacific, Ltd. was the subject of a memo
to the Board from the Director of Maritime Affairs notifying the Board that Maersk Pacific,
Ltd., operates the Container Freight Station located at 700 Ferry Street, comprised of
approximately 10.6 acres consisting of land and improvements. Their Agreement also
provides that commencing January 1, 1993, the approximately four acre portion of the CFS
known as the "Truck Parking Area" was subject to an incremental increase based on the
prevailing tariff. Maersk also had the right to delete all or an approximate two acre portion
of the "Truck Parking Area" from the premises. In order to offset the increase in rental
compensation it will incur as it relates to the CFS option period January 1, 1993, Maersk
has exercised it right to delete approximately two acres from the "Truck Parking Area". The
offsetting rental adjustments resulting from this deletion will cause the overall CFS rental
to remain at $41,251.02 per month. It was recommended that the Board authorize a Sixth
Supplemental Agreement with Maersk Pacific, Ltd. The recommendation was approved on
Approval of Design Services. Construction of 1.4 Acre Yard Addition Berth 26. Outer
Harbor Terminal was the subject of a memo to the Board from the Director of Engineering
notifying the Board that in 1989, by agreement with International Transportation Service,
Inc., the northerly boundary of the Berth 25/26 terminal was moved 146 feet to the south
to allow for expansion of the Berth 24 Maersk Terminal. As part of the agreement with
I.T.S., an additional 1.4 acres was to be added to the Berth 25/26 terminal when the land
became available. With the development of the l3erth 30 terminal and the relocation of
Seventh Street, the acreage is now available for development. The design of this container
yard addition must conform to and become a part of the reconstructed yard at Berth 26, and
must conform to the new container yard at Berth 30 on the southwest. It was recommended
February 16, 1993
-6
that the Board authorize an agreement with Jordan Woodman Dobson to perform the
design services. The firm designed and prepared the construction documents for the recent
Berth 26 reconstruction, and, working for Mitsui, designed and prepared the construction
documents for the Berth 30 yard. As compensation for their services, the firm will be
reimbursed for the direct salaries of personnel performing the work on the project, for
fringe benefits and overhead costs, and other direct costs and a fixed fee of $4,700.00. The
maximum payment that can be made under the agreement is $55,000.00 with certain
additional work available at the discretion of the Executive Director. The recommendation
Resources recommended the appointment of Sonali Bose, Director of Finance, effective
March 23, 1993, at $9,167.00 per month; Enrique Zamora, Supervising Civil Engineer,
effective February 17, 1993, at $5,633.00 per month; and Geanine Forbes, Inter mediate
Stenographer Clerk, effective February 17, 1993, at $2,223.00 per month. Also
recommended were the assignments of salary schedules for Assistant Purchasing Manager
to Salary Schedule 251; Port Accounting Manager to Salary Schedule 260.9; Manager,
Infoimation Technology, to Salary Schedule 276.78; Data Processing Manager to Salary
Schedule 279; Manager, Systems and Programming, to Salary Schedule 284.92; Manager,
Special Projects, Port Attorney's Office, to Salary Schedule 286.2; Special Assistant to the
Executive Director for Surface Transportation, to Salary Schedule 293.39. Further
recommended was a medical leave of absence for Jack Trollinger, Semi-skilled Laborer, for
90 calendar days to May 15, 1993; and a maternity leave of absence for Diane Langill,
Intermediate Typist Clerk, for 187 calendar days, to August 27, 1993. The recommendations
were approved on passage of Resolution No. 93073 for appointments; Resolution No. 93074
for leaves of absence; and on an ordinance passed to print for assignments of salary
schedules.
February 16, 1993
7
Approval of Auditor Contract for Year Ending June 30, 1993 with Deloitte & Touche
was the subject of a memo to the Board from the Port Controller recommending approval
to retain Deloitte & Touche in association with Grant & Smith to examine the Port's
consolidated financial statements, to render a report thereon, to provide a letter to the
Board of Port Commissioners with their comments as to any matters they deem desirable
to bring to the Board's attention, and to examine and report on Federal Grants under the
Single Audit Act for a fee not to exceed $134,500.00. It was also recommended that
Deloitte & Touche be retained under a contract to perform a limited scope audit of the
financial statements of the Deferred Compensation Plan for a fee not to exceed $8,750.00
and to audit the Potomac Association for a fee not to exceed $4,750.00. The
Contract for Consultant to Conduct a Classification Study for the Finance/MIS
Division was the subject of a memo to the Board from the Director of Human Resources
notifying the Board that the Mertens Group, a Human Resources consulting firm, was
retained to conduct a salary survey of the Port's unrepresented positions. The survey has
been completed and various meetings are presently being held on the findings. As a result
of the study, it is now recommended that the Board approve the retention of the firm to
prepare a separate and comprehensive classification study for the Finance/Management
Infolmation Services Division. The additional cost of this contract is not expected to exceed
$12,000.00, which will bring the total cost to $26,940.00. The recommendation was approved
Agreements for Laboratory Services was the subject of a memo to the Board from
the Director of Engineering notifying the Board of the testing laboratories used for Port
activities. On September 3, 1991, the Board of Port Commissioners authorized agreements
with Clayton Environmental Services, Inc., and BC Analytical to provide the Port with
laboratory services for a two-year period. The amount of each contract was not to exceed
$250,000.00 per year, for a maximum of $500,000.00 over the two year span of each contract.
February 16, 1993
-8
After the two contracts were executed, Port staff had a number of problems with the work
performed by BCA and the Executive Director therefore terminated the agreement and Port
staff utilized the Clayton contract extensively. Because of the discovery of lead
contamination problems at Berth 30, the Port has incurred increased analytical costs. Berth
30 testing expenses have reached $230,000.00 as of January 21, 1993, and $150,000.00 in
testing work remains. Clayton has been authorized to perfolin $380,000.00 of work as of
January, 1993. It was recommended that the Board authorize an increase to the Clayton
contract by $150,000.00 for the remainder of the contract, which expires on January 31, 1994,
and increase the one-year ceiling from $250,000.00 to $400,000.00 which will allow necessary
laboratory analysis of the Berth 30 project to continue uninterrupted. It was also
recommended that the Board authorize a new professional services agreement with Curtis
and Tompkins to provide additional laboratory services to the Port. The proposed
agreement would be for a one-year period not to exceed $250,000.00. This will allow the
Port to obtain necessary laboratory analysis for planned projects, such as the construction
of the Amtrak Station and for unanticipated situations. The recommendations were
approved on passage of Resolution No. 93076 for Clayton Supplement, and Resolution No.
93077 for Curtis and Tompkins contract.
Supplemental Agreement, Geomatrix Consultants for Environmental Services was
of the agreement with Geomatrix Consultants to provide the Port with various
environmental services over a two-year term. The agreement provided for services that were
originally estimated to be $225,000.00 per year, or $450,000.00 in total. The typical services
include preliminary site assessments, groundwater studies, risk assessments, wastewater
analysis, remediation design, asbestos abatement, and similar services as required. In
connection with the discovery of soluble lead in soils at the Berth 30 construction site, the
Port has required extensive environmental consultant services to keep the terminal
construction on schedule, and the maximum allowed by the contract will be exhausted within
February 16, 1993
-9-
a few months, prior to the term of January 31, 1994. It was recommended that the Board
authorize a Supplemental Agreement which specifically identifies the Berth 30 project in the
scope of work, to revise the annual limit to $380,000.00, and revises the cumulative contract
limit to $700,000.00 which will allow for the completion of the Berth 30 work, completion
of other small jobs and asbestos contingency work. The recommendation was approved on
Approval of Request for Proposals. Harbor Tour Boat Cruises was the subject of a
memo to the Board from the Director of Engineering notifying the Board of the free harbor
tours conducted during the summer months, as a community service. The tour season for
1993 begins on May 6 and continues twice every Thursday, thereafter, until August 26. It
was recommended that the Board find and determine that it is in the best interest of the
Port to secure the proposed harbor tours' services through Request for Proposals and
without competitive bidding and authorize the solicitation of proposals. The
Mr. Henry Williams appeared before the Board to note the need for more
commercial activity in West Oakland and particularly in the trucking and freight forwarding
business. He solicited support form the Board for a proposed plan to develop a training
center for trucking and freight forwarding to be placed in West Oakland. The Board
received the oral proposal and referred the concept to staff for transmittal to the City of
Oakland Development Department.
vote:
Ayes:
Commissioners Broussard, Kramer, Loh, Ortiz, Ward Allen,
Noes:
None
Absent:
Commissioner Furth - 1
February 16, 1993
- 10 -
APPROVING AND AUTHORIZING PARTICIPATION AS PROJECT SPONSOR
WITH THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT OF A
BART - OAKLAND AIRPORT INTERMODAL CONNECTOR STUDY AND
AUTHORIZING EXECUTION OF AN AGREEMENT TO SHARE COSTS
THEREOF NOT TO EXCEED THE SUM OF $70,000.00."
RATIFYING EMERGENCY REPAIRS OF AMERICAN CANYON LEVEE."
YEAR OR LESS WITH PACIFIC STATE AIRLINE SERVICES."
SUPPLEMENTAL AGREEMENTS WITH AVIS RENT A CAR SYSTEM, INC.,
AND THE HERTZ CORPORATION."
APPROVING PLANS AND SPECIFICATIONS TO FURNISH AND DELIVER
TWO NEW AIRPORT RESCUE AND FIRE FIGHTING VEHICLES,
METROPOLITAN
ROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND,
CALIFORNIA (ATP NO. 3-06-0170-01)."
CONSENTING TO ASSIGNMENT OF LEASE WITH RAGH, INC., TO 1310,
INC."
APPROVING DISPENSING WITH FORMAL BIDS FOR CONSTRUCTION OF
THE PASSENGER RAIL STATION FACILITY AT JACK LONDON SQUARE,
OAKLAND, CALIFORNIA, AND AUTHORIZING THE PERFORMANCE
THEREOF."
AUTHORIZING EXECUTION OF SIXTH SUPPLEMENTAL AGREEMENT
WITH MAERSK PACIFIC, L'I'D."
ERMINING THAT A PROPOSED AGREEMENT WITH
JORDAN WOODMAN DOBSON FOR ENGINEERING DESIGN SERVICES
February 16, 1993
- 11 -
"RESOLUTION
ION NO. 93074
CONCERNING CERTAIN LEAVES OF ABSENCE.
DELOITI'E & TC)UCHE AND GRANT & SMITH, AS JOINT VENTURE
PARTNERS FOR AUDIT SERVICES CONSTITUTES PROFESSIONAL OR
AGREEMENT."
FINDING AND DETERMINING THAT A PROPOSED FIRST SUPPLEMENTAL
AGREEMENT WITH CLAYTON ENVIRONMENTAL SERVICES, INC., FOR
ENVIRONMENTAL CONSULTING SERVICES CONSTITUTES
EXECUTION OF SAID FIRST SUPPLEMENTAL AGREEMENT."
FINDING AND DE IERMINING THAT A PROPOSED AGREEMENT WITH
CURTIS & TOMPKINS FOR ENVIRONMENT CONSULTING SERVICES
CONSTITU1ES PROFESSIONAL OR SPECIALIZED SERVICES; AND
FINDING AND DE I ERMINING THAT A PROPOSED FIRST SUPPLEMENTAL
AGREEMENT WITH GEOMAIRIX CONSULTANTS, FOR ENVIRONMENTAL
CONSULTING SERVICES CONS' TITU'rES PROFESSIONALOR SPECIALIZED
SERVICES; AND AUTHORIZING EXECUllON OF SAID FIRST
AUTHORIZING AND APPROVING REQUEST FOR PROPOSALS ("REP") FOR
HARBOR TOUR BOAT CRUISES."
MER'I'ENS GROUP FOR PERSONNEL CONSULTING SERVICES
AUTHORIZING EXECUHON OF SAID SUPPLEMENTAL AGREEMENT."
February 16, 1993
- 12 -
ORDINANCE NO. 3044, FIXING CERTAIN REVISED PARKING RAILS AT THE
PARKING FACILITIES IN JACK LONDON SQUARE", and Port Ordinance being,
"AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREA1E NEW
SALARY SCHEDULES NOS. 260.9, 276.78, 284.92, 286.2 AND 293.39 AND TO ASSIGN
SALARY SCHEDULES TO CERTAIN p osri IONS", were introduced and passed to print
by the following vote:
Ayes:
Commissioners Broussard, Kramer, Loh, Ortiz, Ward Allen,
Noes:
None
Absent:
announced by President Lockhart and reconvened in open session at the hour of 6:45 p.m.,
during which time Commissioner Carole Ward Allen was excused from the meeting.
ORDINANCE NO. 867 FIXING THE COMPENSATION OF EMPLOYEES IN THE
UNIT",', was read a second time and passed by the following vote:
Ayes:
Commissioners Broussard, Kramer, Loh, Ortiz,
Noes:
None
Absent:
Commissioners Furth and Ward Allen - 2
vote:
Ayes:
Commissioners Broussard, Kramer, Loh, Ortiz,
Noes:
None
Absent:
February 16, 1993
- 13 -
RA 11FYING RETENTION OF EXPERT WITNESS AND PROVIDING BUDGET
ALLOCATION FOR SAID SERVICES."
RA 111- YING RETENTION OF EXPERT WITNESS AND PROVIDING BUDGET
ALLOCATION FOR SAID SERVICES."
APPROVING THE RETENTION OF MARK D. HUDAK OF CARR,
MCCLELLAN, INGERSOL, THOMPSON & HORN AS SPECIAL COUNSEL."
At the hour of 7:05 p.m., the meeting was adjourned on a motion duly made and
seconded.
February 16, 1993
- 14 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, March 2, 1993, at the hour of
portion was held during the period from 3:05 to 3:50 p.m, during which time the board
received a report on the construction progress for Berth 30.
Commissioners present: Broussard, Kramer, Loh, Ortiz, Ward Allen
Commissioners absent: Furth - 1
Also present were the Executive Director; Port Attorney; Director of Engineering;
Chief Engineer; Director of Aviation; Director of Commercial Real Estate; Director of
Maritime Affairs; Director of Human Resources; Director of Strategic Planning and Policy;
Director of Equal Opportunity; Director of Governmental Affairs; Director of Public
Affairs; and Secretary of the Board.
The minutes of the regular meeting of August 18, 1992; the regular meeting of
September 1, 1992; the adjourned regular meeting of September 8, 1992; the regular
meeting of September 15, 1992; the adjourned regular meeting of September 28, 1992; and
the regular meeting of October 6, 1992 were approved as submitted and ordered filed.
conclusion of the open session for the purpose of discussing real property negotiations for
price and terms to purchase a 22-acre site in the Oakland Business Park with the City of
Oakland as provided for under Government Code Section 54956.8.
Commissioner Kramer, member of the Human Resources Committee, infoimed the
West Coast Parking Company, Parking Lot Budget was the subject of a memo to the
Board from the Director of Aviation notifying the Board that under the terms of the Airport
Parking Lot Management Agreement, West Coast Parking has submitted an annual
operating budget of $2,397,102.00 for the current year ending September 30, 1993. This is
an increase of $768,608.00 over last year's budget of $1,628,494.00. Included in this year's
budget is $492,170.00 in personnel and non-personnel expenses for the valet parking lot
operation which began in October, 1992. The valet parking operation is expected to
generate $321,000.00 in revenues through June 30, 1993 and $540,000.00 for the fiscal year
ending June 30, 1994. The management fee payable to West Coast Parking has been
increased from $78,000.00 per year to $87,000.00 to reflect the addition of the valet parking
operation. It was recommended that the Board approve the submitted budget. The
Proposed 1993 Airline Landing Fees and Tenant Terminal Space Rentals was the
subject of a memo to the Board from the Director of Aviation notifying the Board of the
annual rates established for landing fees and terminal space and that the fees are designed
to recover 100% of the field and ramp cost center and the Terminal cost center. With the
increased volume at the Airport, it is possible to lower the charges for the current year. It
was recommended that the. Board approve the following new rates: Landing fee, $1.08 per
thousand pounds; Training, Landing Fee, $.54 per thousand pounds; Minimum Charge per
Landing, $15.88; Non-Based Carrier Landing Fee, $1.27 per thousand pounds; Terminal
Space Rental: Type I, $71.76 per square foot per annum; Type II, $64.58 per square foot
per annum; Type ER, $57.41 per square foot per annum; and Type IV, $50.23 per square
foot per annum; Loading Bridge Holdroom, $16,234.00 per month; Secondary Use, Loading
Bridge Holdroom, Based Airline, $83.50 per operation; Secondary Use, Loading Bridge
Holdroom, Non-Based Airline, $167.00 per operation; Baggage Claim Area, Non-Based
Airline, $.76 per deplaning pax; and Holdroom Security Fee, Non-Based Airline, $40.00 per
enplaning operation. The recommendation was approved on passage of an ordinance to
print.
Contract for Consultant to Conduct Problem Assessment for the Aviation Division
was the subject of a memo to the Board from the Director of Aviation recommending
March 2, 1993
-2-
approval to hire Ben Harrison Associates, Inc, to design and facilitate a problem assessment
and recommendation process within the Aviation Division. It was noted that the firm was
previously retained by the Maritime Division to perform organizational development and
team building workshops. The firm will be paid $34,650.00 for their professional services.
Inducement Resolution for Modifications to United Airlines Maintenance Facility
was the subject of a memo to the Board from the Director of Aviation notifying the Board
that United Airlines, Inc., has a ten-year lease with the Port for use of the George P. Miller
Maintenance Hangar at the Airport. United would like to undertake improvements to the
hangar estimated not to exceed $10,000,000.00 and would like to finance the improvements
through conduit Port tax-exempt financing, which would be a "Special Facility Obligation"
under the Port's recently adopted Master Trust Indenture. An Inducement Resolution
declaring the intent of the Port to seek tax-exempt financing for all or a portion of this
project in an amount not to exceed $10,000,000.00 would preserve the ability of the Port
andjor United to recover monies expended on the project prior to financing. It was
recommended that the Board adopt the appropriate Inducement Resolution indicating its
intent to issue not to exceed $10,000,000.00 in obligations to finance the improvements and
its declaration of official intent with respect to the Federal Tax Reimbursement Regulations.
It was noted that the Inducement Resolution does not commit the Board to issue the
obligations, nor commit the Board to a specific type of financing. The recommendation was
Recommended Approval of Agreement to Renew License and Concession Agreements
for the Term of one Year or Less - Mercury International Sales and Service Company and
Midwest International, Inc.., was the subject of a memo to the Board from the Director of
Aviation recommending approval to renew the agreement with Mercury International Sales
and Service Company for Exclusive Travel Insurance Concession located in the Terminal
Building at 10% of gross revenue against $150.00 per month minimum guarantee; and with
March 2, 1993
-3-
Midwest International, Inc., for Non-exclusive Pay TV Chair Concession; 12 chair locations
in Terminal Building M-102, at 25% of gross revenue. The recommendation was approved
Recommended Consent to Assignment of Self-Service Storage Locker License
Agreement by AMLOCK, INC., to Smarte Carte, Inc., was the subject of a memo to the
Board from the Director of Aviation notifying the Board that AMLOCK, INC., has provided
and maintained the self-service storage lockers in the Airport terminals since 1984 under
a series of one-year License Agreements. The Port receives 30% of the monthly gross
revenue against a minimum monthly fee of $100.00. AMLOCK pays the Port approximately
$2,000.00 in rent monthly. AMLOCK has reached an agreement with Smarte Carte, to sell
a substantial portion of its assets, including the Port's License Agreement to Smarte Carte.
AMLOCK is requesting that the Port consent to the transfer of the agreement to Smarte
Carte. Smarte Carte has successfully operated the self-service luggage cart concession at
the Airport since 1979 and it was recommended that the request be approved. The
Recommended Approval of Extension of Long Distance Calls Commission Agreement
with AT&T was the subject of a memo to the Board from the Director of Aviation notifying
the Board that AT&T currently provides the 0+ operator assisted long distance service for
the Airport's payphones. AT&T pays the Port 20% of the long distance revenues tinder the
Public Technology, Inc., commission agreement. Public Technology, Inc., is a non-profit,
research and development arm of the National League of Cities and International City
Management Association. In preparation for determining whether or not to extend the
AT&T/PTI commission agreement, staff evaluated the 0+ operator-assisted long distance
services offered by different vendors. After evaluation of the responses received, it was
concluded that AT&T offered the best customer service and convenience to Airport
passengers using the public payphones. It was recommended that the Board authorize a two
year extension from March 16, 1993 through March 15, 1995. For the extension period
March 2, 1993
-4-
AT&T offers an increase in the commission rate from 20% to 22%. The increased
commission rate would raise the annual commissions received to approximately $122,000.00.
The recommendation was approved on passage of Resolution No, 93088.
Appraisal Contract and Demolition Estimate for Naval Supply Center Lease
Negotiations was the subject of a memo to the Board from the Director of Commercial Real
Estate notifying the Board of the potential interest in the lease of portions of the Naval
Supply Center. The Navy and the Port have agreed to undertake independent appraisals
of the property to establish the annual fair market rental value for the property. The Navy
has asked that the appraisers provide separate values under four different leasing scenarios,
ranging in size from 45 to 103 acres. The Port solicited three proposals from a list of
appraisers submitted and preapproved by the Navy. It was recommended that the Board
authorize an agreement with Carneghi-Bautovich & Partners, Inc., to undertake the land
appraisal, at a fee of $20,000.00. Carneghi-Bautovich originally appraised the property for
the Port in 1987, and is familiar with the site and the surrounding uses. ][n addition, at the
Navy's request, the Port Engineering Department has agreed to hire a contractor to provide
a demolition cost for the existing improvements on the property for the purpose of lease
negotiations at an estimated cost of $5,000.00. The recommendation was approved on
The Oakland Tribune Lease, 3rd Floor, Building F-107 was the subject of a memo
to the Board from the Director of Commercial Real Estate notifying the Board that the new
owner of the Tribune, Alameda Newspaper Group, Inc., took occupancy of the third floor
of the former Port headquarters building in Jack London Square under a Right-of-Entry and
Indemnity Agreement. The lease has been negotiated and it was recommended that the
lease be approved. Basic tei ins include a rent schedule as follows: Months 1-4 (December
1992 - March 1993), none; months 5-36, $38,125.00 per month; months 37-60, $39,650.00 per
month; and months 61-120, $44,479.17 per month. The rental includes the use of 20 parking
spaces for the term of the lease and various pieces of personal property remaining in the
March 2, 1993
5
building. The lease will be for ten years with three five-year options. ANG would have
the first opportunity to lease space in the second floor of the building and the portion of
ground floor space currently occupied by Pier 1. The Port will do substantial improvements
to the building to accommodate the tenant. 'The recommendation was approved on an
ordinance passed to print.
Approval to Increase Amount of Change Order for Performing Excavation and
Dredging Under Force Account for the Construction of Berth 30 Wharf was the subject of
a memo to the Board from the Director of Engineering notifying the Board of the contract
with General Construction Company. The Board has previously approved a change order
to perform excavation and dredging under force account provisions instead of bid unit prices
for an estimated amount $5 million (net cost is $1,038,000.00). The change order work,
which involved dredging, excavating and trucking excavated material to storage sites, has not
been completed and is affected by the dredging closure due to the herring season and the
recent inclement weather. Based on actual cost information submitted to date by the
contractor, staff estimates that the total force account cost of the change order will be
approximately $7.75 million resulting in a net cost of $3,788,000.00. This cost includes
approximately $5.15 million for dredging and excavation, $1.95 million for hauling the
material to various Port storage sites, and $650,000.00 for other related costs. It was
recommended that the Board increase the amount of the change order approved on
December 15, 1992 from $5 million to $7.75 million (net cost increase from $1,038,000.00
to $3,788,000.00). The recommendation was approved on passage of Resolution No. 93091.
Award of Contract, Asphalt Concrete Overlay of Berth 23, Outer Harbor Terminal
Board of the seven bids received and recommending award of the contract to Oliver de
Silva, Inc,. the low bidder at $1,844,444.00. The recommendation was approved on passage
March 2, 1993
6
Award of Contract for 1993 Structural Inspection and Repair of KSEC Cranes was
of the two bids received and recommending award of the contract to Marine Maintenance,
Inc., the low bidder at $140,790.00. The recommendation was approved on passage of
Plans and Specifications, Berths 82, 83 and 84. Repair of Earthquake-Damaged
Piles, Ninth Avenue Terminal was the subject of a memo to the Board from the Director
of Engineering recommending their approval and authority to advertise for bids for the pile
repair at the Ninth Avenue Terminal. The work consists of repairing the existing concrete
and timber piles by epoxy injection or surface sealing, depending on the severity of cracking.
The damage was caused by the 1989 Loma Prieta earthquake. The Port has concurred with
the scope of work and the estimated cost of $773,003.00 as described in the Damage Survey
Report, as prepared by FE MA and OES. The project is categorically exempt and does not
require the preparation of an environmental document. The recommendation was approved
Plans and Specifications, Earthquake Damage Repairs of Perimeter Dike, Berth 3840, Seventh Street Terminal was the subject of a memo to the Board from the Director of
Engineering recommending their approval and authority to advertise for bids. The work
consists of performing earthquake-related repairs and other repairs to the dike and riprap
between Berth 38 and 40, and demolition of three structures and clearing/grading the
present Port View Park site for future reconstruction of the new park. The damage to the
dike caused by the earthquake was reviewed by the Port and FEMA following the
earthquake, and Damage Survey Report No. 91810 was prepared for $716,100.00. The Port
did not concur with the scope of work or estimate for the DSR. The Port has filed an
appeal with FEMA for an increase in the scope of work and estimate for the work.
Although the results of the appeal are uncertain, it was recommended proceeding with the
repairs at this time in order to protect the dike from further damage. The project is
March 2, 1993
-7
categorically exempt and does not require the preparation of an environmental document.
Resources recommended the appointment of Carl Westman, Manager, Aviation Marketing
and Communication Services, effective March 15, 1993, at $6,250.00 per month; Stephanie
Schofield, Senior Secretary, effective March 3, 1993, at $2,751.00 per month; Gary Germany,
Gardener II, effective March 3, 1993, at $2,374.00 per month; and Mary McCray,
Intermediate Stenographer Clerk, Aviation Division, effective March 22, 1993, at $2,223.00
per month. Also recommended was the assignment of salary schedules for Port Field
Representative H to Salary Schedule 239.16 and Port Personnel Analyst to Salary Schedule
242.77. Further recommended was the approval of examination announcement for the
Information Services Technician in the Management Information Systems Department, and
a medical leave of absence for Mary Davidson, Port Staff Accountant I, for 69 calendar days
to April 9, 1993. The recommendations were approved on passage of Resolution No. 93096
for appointments, Resolution No. 93097 for examination announcement, Resolution No.
93098 for leaves of absence, and on an ordinance passed to print for salary schedule
assignment.
Amendment to Deferred Compensation Plan to Change Normal Retirement Age from
55 to 70 was the subject of a memo to the Board from the Director of Human Resources
notifying the Board that since 1977 the Port has maintained a Deferred Compensation Plan
under Section 457 of the Internal Revenue Code of 1986, as amended, for the benefit of its
employees. The Plan's Deferred Compensation Advisory Committee is charged with the
responsibility for the management and administration of the Plan. The committee is
recommending that the Board amend the plan to establish a range of "normal retirement
age" from 55 to 70, based upon the new PERS contract and benefits foi inula, and as
permitted by the Internal Revenue Code. As a result of this change, Federal tax law would
permit lowering the minimum "noi vial retirement age" to 55, and as a technical matter
March 2, 1993
under Federal tax law, it also would be advantageous to Port employees participating in the
Plan to establish a range of "noimal retirement age". The recommendation was approved
Recommended Amendment of the Port's Equal Opportunity Policy to Prohibit
Discrimination or Different Treatment in Any Aspect of Employment or Opportunity for
Employment Based on Actual or Perceived Sexual Orientation was the subject of a memo
to the Board from the Director of Equal Opportunity recommending approval to add the
language to the Port's Equal Opportunity Policy. The recommendation was approved on
vote:
Ayes:
Commissioners Broussard, Kramer, Loh, Ortiz, Ward Allen
Noes:
None
Absent:
APPROVING THE ESTIMATED ANNUAL OPERATING BUDGET OF
PARKING MANAGEMENT AGREEMENT WITH WEST COAST PARKING
ASSOCIATES FOR MANAGEMENT OF CERTAIN PUBLIC AUTOMOBILE
PARKING FACILIIIES AT THE AIRPORT."
FINDING AND DE IERMINLNG THAT A PROPOSED AGREEMENT WITH
BEN HARRISON ASOCIA1ES, INC., FOR CONSULTING SERVICES
APPROVING AND AUTHORIZING EXECUI1ON OF AGREEMENT TO
YEAR OR LESS WITH MERCURY INTERNATIONAL SALES AND SERVICE
COMPANY, AND MIDWEST INTERNATIONAL, INC."
March 2, 1993
-9-
CONSENTING TO ASSIGNMENT OF LICENSE AGREEMENT BY AMLOCK,
INC., TO SMARTS CARIE, INC."
AUTHORIZING EXTENSION
ENSION OF THAT CERTAIN INDIVIDUAL
COMMISSION AGREEMENT WITH AT&T COMMUNICATIONS, INC., AND
AUTHORIZING EXECUTION OF AMENDMENT THERETO."
OF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAND,
STATE OF CALIFORNIA, DECLARING THE IN' IENTION OF THE BOARD
TO ISSUE ITS REVENUE BONDS OR SPECIAL FACILITIES REVENUE
BONDS OR A COMBINATION THEREOF IN AN AMOUNT PRESENTLY
ESTIMATED NOT TO EXCEED $10,000,000 TO FINANCE THE ACQUIRING,
CONSTRUCTING, INSTALLING AND EQUIPPING OF AN AIRCRAFT
MAINTENANCE FACILITY AND RELATED IMPROVEMENTS TO BE
OWNED BY THE PORT OF OAKLAND."
FINDING AND DETERMINING THAT A PROPOSED CONTRACT WITH
CARNEGHI-BAUTOVICH & PARTNERS, INC. FOR PREPARATION OF AN
APPRAISAL OF FAIR MARKET RENTAL VALUE OF A SITE AT THE
OAKLAND NAVAL SUPPLY CENTER, AND THAT A PROPOSED
CONTRACT FOR ESTIMATING THE COST TO DEMOLISH EXISTING
IMPROVEMENTS ON THE SITE CONSTITUIE PROFESSIONAL OR
SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE
BIDS, AND AUTHORIZING NEGOTIATION AND EXECUTION OF
CONTRACTS THEREOF."
APPROVING AND RATIFYING INCREASE IN CHANGE ORDER FOR
PERFORMING EXCAVATION AND DREDGING UNDER FORCE ACCOUNT
FOR THE CONSTRUCTION OF BERTH 30 WHARF, SEVENTH STREET
TERMINAL, OAKLAND, CALIFORNIA."
AWARDING CONTRACT TO OLIVER DE SILVA, INC FOR CONSTRUCTION
OF ASPHALT CONCRETE OVERLAY OF BERTH 23, OUTER HARBOR
TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS
TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL
OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS."
March 2, 1993
- 10 -
AWARDING CON! RACT TO MARINE MAINTENANCE INCORPORA I ED,
FOR 1993 STRUCTURAL INSPECTION AND REPAIR OF KSEC CRANES X409 (007-2) AND X-410 (007-3) AT BERTH 24, OUTER HARBOR TERMINAL
AND X-417 (007-1) AT BERTH 67 HOWARD TERMINAL, PORT OF
OAKLAND, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BIDS TO
BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER
BIDS; AND DIRECTING RETURN OF ]BID BONDS TO BIDDERS."
APPROVING PLANS AND SPECIFICATIONS FOR BERTHS 82, 83 AND 84,
REPAIR OF EARTHQUAKE-DAMAGED PILES, NINTH AVENUE
I ERMLNAL, OAKLAND, CALIFORNIA."
APPROVING PLANS AND SPECIFICATIONS FOR EARTHQUAKE DAMAGE
REPAIRS OF PERIMETER DIKE, BERTHS 38-40, SEVENTH STREET
IERMINAL, OAKLAND, CALIFORNIA."
APPROVING EXAMINA HON ANNOUNCEMENT FOR THE POSITION
ION OF
INFORMATION SERVICES '1ECHNICL&N."
RATIFYING LEAVE OF ABSENCE TO MARY E. DAVIDSON, PORT STAFF
ACCOUNTANT I."
ADOPTING THE RESTATED DEFERRED COMPENSATION PLAN OF THE
PORT OF OAKLAND."
AMENDING 'THE PORT OF OAKLAND EQUAL OPPORTUNITY POLICY TO
PROH11311' DISCRIMINATION OR DIFFERENT TREATMENT IN ANY
ASPECT OF EMPLOYMENT OR OPPORTUNITY FOR EMPLOYMENT
BASED ON ACTUAL OR PERCEIVED SEXUAL ORIENTATION."
GRANTING SOUTHWEST AIRLINES CO. PERMISSION TO PERFORM
CERTAIN WORK.''
March 2, 1993
- 11 -
ORDINANCE NO. 3044, FIXING CERTAIN REVISED PARKING RAIES AT THE
PARKING FACILITIES IN JACK LONDON SQUARE", and Port Ordinance No. 3136
being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE
NEW SALARY SCHEDULES NOS. 260.9, 276.78, 284.92, 286.2 AND 293.39 AND TO
ASSIGN SALARY SCHEDULES TO CERTAIN POSITIONS", were read a second time
and passed by the following vote:
Ayes:
Noes:
None
Absent:
Port Ordinance No. being, "AN ORDINANCE AMENDING SECTIONS 2,
3, 10.01, 10.1, 10.5 AND 10.12 OF PORT ORDINANCE NO. 1149 RELATING TO
CHARGES FOR USE OF FACILITIES AT ME I ROPOLITAN OAKLAND
INTERNATIONAL AIRPORT', and Port Ordinance No. being, "AN ORDINANCE
APPROVING AND AUTHORIZING EXECUTION OF LEASE 'WITH ALAMEDA
NEWSPAPER GROUP, INC., AND DIRECTING RECORDATION THEREOF", and
Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE
NO. 867 TO ASSIGN SALARY SCHEDULES TO CERTAIN POSII1ONS AND
INCORPORATING SAID POSITIONS INTO PORT ORDINANCE NO. 3113" were
introduced and passed to print by the following vote:
Ayes:
Noes:
None
Absent:
March 2, 1993
- 12 -
March 2, 1993
- 13 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, March 16, 1993, at the hour of
President Lockhart presiding, appropriate notice having been given and posted. An infoi mai
portion was held from 3:20 p.m. to 4:05 p.m., during which time the Board received a report
on the 2002 Airport Development Program.
Commissioners present: Broussard, Kramer, Ortiz, and President Lockhart - 4
Commissioners absent: Furth, Loh, and Ward Allen - 3
Assistant Port Attorney, Thomas Clark; Director of Aviation; Director of Maritime Affairs;
Chief Engineer; Director of Human Resources; Director of Strategic and Policy Planning;
Director of Equal Opportunity; Director of Governmental Affairs; and Secretary of the
Board.
for under Government Code Section 54956.9 (b) and (c); and for personnel matters as
provided for under Government Code Section 54957.
Commissioner Ortiz, member of the Commercial Real Estate Committee, informed
Commissioner Ortiz, Chair of the Customer Employment Resources Committee,
President Lockhart, Chair of the Maritime Committee, informed ihe Board that the
Approval to Dispense with Formal Bids for Design, Furnish and Maintain an
Aircraft Noise Monitoring System at Metropolitan Oakland International Airport was the
planned acquisition of the Aircraft Noise Monitoring System, and that the proposed system
is highly specialized and the technology has only been developed within the last five years.
The project consists of designing the Aircraft Noise Monitoring System and preparing
installation plans; furnishing the data processing computer, noise monitoring equipment, and
the five Aircraft Noise Monitoring Terminal units to replace all of the currently installed
leased equipment; and maintaining the system. Portions of the existing system may be
usable and the specifications provide the option of reusing parts of the existing system that
the lessor has indicated a willingness to sell. In order to allow for appropriate evaluation
of the proposals to accomplish this work, it was recommended that the Board find and
determine that it is in the best interest of the Port to dispense with formal bidding
procedures for designing, furnishing, and maintaining the noise monitoring system and that
the Executive Director be authorized to execute a contract based on the receipt of informal
proposals. The recommendation was approved on passage of Resolution No. 93102.
Approval to Dispense with Formal Bids to Furnish and Install a New Chiller and
Cooling Tower for the Air Conditioning System Serving Airport Terminal Buildings I and
II, South Airport was the subject of a memo to the Board from the Director of Engineering
notifying the Board that Terminals I and II at the Airport are cooled by two 450-ton chillers,
number 1 and number 2, which were installed in 1965 and 1980, respectively. In December
1992, chiller number 1 failed and investigation by the manufacturer's technicians discovered
that the hermetically sealed drive line was completely seized. The estimated cost to repair
the chiller is $70,000.00 and making expensive repairs to the 28-year old chiller is not
warranted. A replacement chiller with ancillary equipment is estimated to cost $400,000.00
March 16, 1993
-2-
with considerable new energy savings which would pay back the cost of the chiller in less
than 10 years. To get the new chiller and ancillary equipment installed as soon as possible,
it was recommended that the Board find and determine that it is in the best interest of the
Port to dispense with formal bidding procedures for removing the existing chiller and
furnishing and installing a new chiller with cooling tower and another ancillary equipment
based on the receipt of informal quotations. The recommendation was approved on passage
Recommended Approval of First Supplemental Agreements - Donald Jones and
Nwamdi Egwuatu and Trans-Box Systems, Inc., was the subject of a memo to the Board
from the Director of Aviation recommending approval of supplemental agreements with
Donald Jones and Nwamdi Egwuatu for 182 square feet of office space in Bldg. L-142,
North Airport for a new total monthly rent of $633.88 per month; and Trans-Box Systems,
Inc., for an additional 506 square feet of dock area adjacent to Bldg. L-870 Annex, North
Airport, for a new total monthly rent of $983.17. The recommendation was approved on
Extension of Current Airport Security Guard Contract with Cal State Patrol, Inc.,
that on December 1, 1992 the Board authorized solicitation of proposals to provide security
guard service at Oakland International Airport. The selection committee recommended
Argenbright Security West, Inc./American Services Associated as best suited to provide the
services. However, Argenbright Security West, Inc./American Services Associated withdrew
their proposal thus requiring staff to re-evaluate the remaining proposals. During this reevaluation period it was recommended that the Board approve an extension, on a month-tomonth basis through the end of Fiscal Year 1993, to Cal State Patrol, Inc., the current
security guard services provider at the Airport. The recommendation was approved on
March 16, 1993
-3-
Waterfront Plaza Hotel - Fifth Supplemental Agreement was the subject of a memo
to the Board from the Director of Commercial Real Estate notifying the Board that Clyde
R. Gibb, dba Waterfront Plaza Hotel, leases 1.09 acres of land in Jack London Square
under the terms of a 55-year ground lease for his hotel/restaurant operation. The lease
term commenced on July 1, 1990 and expires June :30, 2045. As part of the changes and
development of Jack London Square, the Port staff has negotiated a fifth supplemental
agreement to the lease. Basic supplemental terms include the percentage rate for all gross
receipts (except restaurant) will be increased from the current 6.5% to 7% of gross receipts.
Also, effective January 1, 1993, the percentage rental rate for restaurant gross receipts will
be increased from the current 2.7% to 3.1% of gross receipts. The provision for additional
Common Area Maintenance/Promotion percentage rent will be deleted, retroactive to
January 1, 1991. All CAM/Promotion rents billed between January 1, 1991 and December
31, 1992 will be cancelled. The Port will allow the Lessee to amortize his share (36%) of
the public access construction costs ($331,961.00 + accrued interest) over a twenty-five year
period at 9% per annum. The payments will commence March 1, 1994. It was
recommended that the Board approve the Fifth Supplemental Agreement. The
Embarcadero Extension - Acceptance of CEOA Findings and Conveyance of Property
was the subject of a memo to the Board from the Director of Commercial Real Estate
notifying the Board of certain actions requesting the City of Oakland to adjust the Port Area
Line and to vacate certain portions of Martin Luther King Jr. Way, Market and
Embarcadero Streets . These actions were necessary in order to allow Caltrans to fund and
construct a two-lane haul road to provide access to a recycling/batch plant. Caltrans has
submitted to the Port a proposed Cooperative Agreement pursuant to which the Port would
provide to the State necessary right of way for construction of the road and clear all
obstructions, including utilities. In order for the City to close the Adeline Street railroad
crossing at Third Street, as required by the State PUC, the City needs to provide Schnitzer
March 16, 1993
-4
Steel an alternate access route. The proposed haul road will serve as this alternative route
for Schnitzer. Pending the City's final approval of street vacations and the Port area
enlargement, the City will grant the Port an easement for the haul road which requires the
Port, in turn, to grant an easement to Schnitzer. Caltrans previously prepared and certified
the Final EIR/EIS for the 1-880/Cypress Replacement", dated September 1991. Caltrans,
as lead agency, has now completed its "Environmental Reevaluation I-880/Cypress
Replacement Project" of the proposed haul road, pursuant to NEPA and CEQA
requirements, and has determined that the project is consistent with the Caltrans/Federal
Highway Administration Final EIR/EIS, and that no additional environmental
documentation is necessary. Included in the proposed action was an amendment to Port
Resolution No. 92458 which reduces the amount of land from the Port area enlargement
request to the City. It was recommended that the Board certify review and consideration
of the environmental effects of the proposed haul road and finding that the road will have
no significant effects; approve and authorize execution of the Port-Caltrans Cooperative
Agreement; amend the Board's request for enlargement of the Port area; and pass an
ordinance authorizing the Executive Director to grant roadway easements to Caltrans and
Schnitzer Steel. The recommendations were approved on passage of Resolution No. 93107
for review of environmental effects; Resolution No. 93108 for approval of cooperative
agreement; Resolution No. 93109 amending request for Port area enlargement; and on an
ordinance passed to print for granting of roadway easements.
Recommended Approval of New License and Concession Agreements was the subject
of a memo to the Board from the Director of Commercial Real Estate recommending
approval of new agreements with Rafeiq Naji, Elijah Turner, and Fred Ivey, dba Jack
London Auto Detailing, for two parking stalls on the ground floor of the Washington Street
Parking Garage at $100.00 per month; and with California Canoe and Kayak, Inc., for a
portion of a large float in the estuary at the foot of Broadway, at no monthly rent as this
March 16, 1993
-5-
company is a new OPA tenant and is leasing space in Waterstreet I. The recommendation
Approval of Change Order for Cost of Delays During Earthquake Damage Repairs
at 7th Street Terminal was the subject of a memo to the Board from the Director of
Engineering notifying the Board of the contract with Kulchin-Condon & Associates, Inc., for
earthquake damage repair of concrete wharves, Berth 36, 37 and 38, and westerly portion
of Berth 35. The work was completed on September 12, 1991. The contractor performed
a total of $9,608,281.37 in original contract work and $925,147.00 in authorized change order
work. After the work was completed, the contractor submitted a claim for additional
compensation in the amount of $423,715.60 for alleged Port-caused construction delays.
Work was also delayed for various reasons for which the contractor is responsible and the
Port is entitled to liquidated damages for these contractor-caused delays. Negotiations have
been concluded and it was recommended that the Board approve a change order in the net
amount of $75,000.00, including $110,000.00 for additional costs due to Port-caused delays
to the contractor, less $35,000.00 for liquidated damages payable to the Port. The
Approval to Assess Penalty Against Kulchin-Condon & Associates for Unauthorized
Addition of a Subcontractor was the subject of a memo to the Board from the Director of
Engineering notifying the Board of the contract with Kulchin-Condon & Associates for
earthquake damage repair work and that the contract contains the standard general
provisions for subcontractors which generally provide for any portion of the work in excess
of one-half of one percent of the contractor's total bid as to which no subcontractor was
designated in the original bid shall only be permitted in cases of public emergency or
necessity. The bid price was $9,787,941.69. Kulchin-Condon, during construction, increased
the work for Stacy and Witbeck, Inc., the subcontractor for the welding of crane rails. The
total of the subcontract increased to $243,326.56, significantly more than the threshold limit.
As the contract provides for penalties, it was recommended that the contractor be assessed
March 16, 1993
-6-
7% of the subcontractor price or $17,033.00 for violating Paragraph 34 of the General
Provisions. The recommendation was approved on passage of Resolution No. 93112.
Supplemental Agreement, Riedel Environmental Services for Spill Cleanup was the
ratification of the emergency authorization of the Director of Engineering and authorization
for an agreement with Riedel Environmental Services to provide the Port with various
environmental services necessary to clean up a diesel fuel spill which was initially noted in
the Clinton Basin on October 21, 1992. At the time of the Board's Resolution, the cost of
the cleanup was estimated to be not more than $120,000.00. Due to a complex set of
circumstances in the field, the source of the discharge remained unknown for over 11 weeks.
The Director of Engineering authorized Riedel to continue work until the cleanup was
complete. Every time it rained more fuel was released causing another spill event which
required containment and cleanup. During the time the Port was attempting to locate the
source, Riedel recovered over 20,000 gallons of diesel. Because of the massive volumes of
diesel recovered and the extended time necessary to identify and cease the ongoing
discharge, Riedel has incurred costs well beyond the original estimate. It was recommended
that the Board authorize the Executive Director to execute a supplemental agreement to
compensate Riedel for all costs incurred, subject to a maximum of $550,000.00 for the total
cleanup job including removal of an underground tank in the area. The recommendation
Authorization for Professional Services for Geophysical Mapping of Firm, Prehistoric
Sediment Deposits in Selected Areas of the 42' Harbor Deepening Project was the subject
of a memo to the Board from the Director of Engineering recommending approval to enter
into an agreement with the Pelagros Corporation at a cost not to exceed $40,000.00 for
mapping the location in selected areas of firm, prehistoric sediments beneath sediments
considered unsuitable for disposal in the Bay or ocean. The work is part of the 42'
deepening project and an important step in the process is the determination by water quality
March 16, 1993
-7-
regulatory agencies of the suitability of dredged sediments for disposal in the Bay or ocean.
The costs of and present procedural uncertainties for disposal of dredged sediments on land
greatly exceed those for disposal in the Bay or ocean. To keep the deepening project
economical and on schedule the volume of sediments that must be disposed on land must
be kept at a minimum. The Port and Corps, within the next few months, need to provide
regulatory agencies with convincing evidence showing precisely where contaminated, historic
deposits exist and where firm, clean, prehistoric sediments deposits begin. The
Contract for Consultant to Provide Instruction & Related Activities for Maritime
Division's Maritime Training Program was the subject of a memo to the Board from the
Director of Maritime Affairs notifying the Board that the Maritime Division has offered
maritime training programs to world-wide organizations, including foreign ports and
government agencies. The programs are conducted on an as-requested basis with the
participants paying all costs. Due to the popularity of the program, a training program was
held in August 1992, two programs will be held in May and September of 1993, and the
possibility of two programs in 1994, and it was recommended that the Board approve a
contractual agreement to hire Captain Robert E. Riley to provide instruction and related
activities for the Maritime Division's maritime training program. The proposed agreement
will allow payment of $60,000.00 for the training programs confirmed for this year and those
tentatively scheduled for 1994. It is expected that the payment for each training program
will not exceed $15,000.00. The Port expects all costs, including unforeseen contingencies,
to be reimbursed through fees negotiated and assessed the program's participants. The
Resources recommended the appointment of Lawrence Ross, Port Maintenance and
Construction Supervisor, effective March 17, 1993, at $4,975.00 per month; Alvin Soares, as
Port Principal Programmer/Analyst, effective March 17, 1993, at $4,646.00; and Cristina
March 16, 1993
-8-
Tabilin, Assistant Purchasing Manager, effective March 17, 1993, at $3,883.00 per month.
Also recommended was the amendment of appointment for Mary E. McCray, Intermediate
Stenographer Clerk, to reflect March 3, 1993 as her start date; a change in status for Juanita
Sue Goins, Telephone Operator in the Airport Technical Communications and
Administrative Department of the Aviation Division, from "Limited Duration" to "Regular";
examination announcements for the position of Port Maintenance Foreman and Port
Maintenance Leader; and a medical leave of absence for Michael Prince, Semi-skilled
Laborer, for 65 working days, through and including June 21, 1993. The recommendations
were approved on passage of Resolution No. 93116 for appointments, Resolution No. 93117
amending start date, Resolution No. 93118 for examination announcements, and Resolution
No. 93119 for extended leave of absence.
Request for Approval to Contribute $40,000.00 Per Year for Two Years to OaklandSharing the Vision, Inc., was the subject of a memo to the Board from the Director of
Strategic and Policy Planning notifying the Board that Oakland-Sharing the Vision, Inc., is
a non-profit organization established to develop and implement the City of Oakland
Strategic Plan. The development of the Plan has been completed, and OSV has prepared
a staffing plan and work program for the implementation effort, with a proposed budget of
$524,000.00 for FY 93-94. A campaign is underway to raise $600,000.00 over two years for
the work program. The Mayor has requested that the Port participate in funding the work
of OSV by contributing $40,000.00 in each of fiscal years 1992-93 and 1993-94. The
Oakland Strategic Plan includes a major initiative to expand Oakland's economic base. The
Port of Oakland is prominently featured in this section of the Plan, which stresses the need
for channel dredging, airport expansion, development of maritime intermodal facilities,
improved access to maritime and aviation facilities, and other developments of importance
to the Port. It was recommended that sponsorship of Oakland-Sharing the Vision, Inc.,
through a contribution of $40,000.00 in each of fiscal years 1992-93 arid 1993-94. The
March 16, 1993
-9
Long Term Disability Coverage for Rep. Unit D Employees was the subject of a
memo to the Board from the Director of Human Resources notifying the Board that certain
employee groups in the Port are presently covered by the Port's Long Term Disability
insurance plan. The employees in Unit D consisting of supervisory, professional and
technical employee are presently covered by State Disability Insurance and it was
recommended that the Port's Long Term Disability Income Plan be extended to the D
Group. The projected annual cost of including the D Group under the Port's Long Tenn
Disability coverage is $66,079.00. The recommendation was approved on passage of an
ordinance to print.
Travel Authorization contained in a memo to the Board from the Secretary of the
Board recommending approval for the travel of President Lockhart, Commissioners Lob and
Ward Allen, and the Director of Maritime Affairs, William Stevens, to Singapore, Taiwan
and Hong Kong, British Crown Colony, on or about the period of March 17-31, 1993 to call
on shipping lines and related Port business. The recommendation was approved on passage
Recommended Amendment of the Port's Equal Opportunity Policy to Use Workforce
Availability rather than Population Percentages was the subject of a memo to the Board
from the Director of Equal Opportunity recommending approval to add the term "workforce
availability" as a substitute for the phrase "population percentage" in Section II.B.2 of the
Port's Equal Opportunity Policy. The language change brings the policy into consistency
with other terminology used by Federal, State and County agencies. The recommendation
was approved on passage of Resolution No. 93122
vote:
Ayes:
Commissioners Broussard, Kramer, Ortiz and
Noes:
None
Absent:
Commissioners Furth, Loh and Ward Allen - 3
March 16, 1993
- 10 -
FINDING AND D:EIERMINING THAT IT IS IN THE BEST INTEREST
EREST OF
THE PORT TO DESIGN, FURNISH AND MAINTAIN AN AIRCRAFT NOISE
MONITORING SYSTEM AT METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA, WITHOUT COMPETITIVE BIDDING
AND AUTHORIZING THE PERFORMANCE THEREOF."
FINDING AND DE'T'ERMINING THAT IT IS IN THE BEST INTEREST OF
THE PORT TO FURNISH AND INSTALL A NEW CHILLER AND COOLING
TOWER FOR TEE AIR CONDITIONING SYSTEM SERVING AIRPORT
TERMINAL BUILDINGS I AND II, SOUTH FIELD, METROPOLITAN
OAKLAND IN'IERNA'110NAL AIRPORT, OAKLAND, CALIFORNIA,
WITHOUT CONIPEI1TIVE BIDDING AND AUTHORIZING THE
PERFORMANCE THEREOF."
SUPPLEMENTAL AGREEMENTS WITH DONALD JONES AND NWAMDI
EGWUATU AND TRANS-BOX SYSTEMS, INC."
FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF
THE PORT TO EXTEND THE AIRPORT SECURITY SERVICE AGREEMENT
WITH CAL STATE PATROL SERVICE, INC., ON A MONTH-TO-MONTH
BASIS THROUGH THE END OF FISCAL YEAR 1993; AND AUTHORIZING
SUCH EXTENSION."
APPROVING AND AUTHORIZING EXECUTION OF FIFTH SUPPLEMENTAL
AGREEMENT TO LEASE WITH C.R. GIBB AND THE BOATEL."
CERTIFYING 1HE BOARD'S REVIEW AND CONSIDERATION AS
RESPONSIBLE AGENCY OF THE ENVIRONMENTAL EFFECTS OF THE
PROPOSED CONSIRUC'HON AND OPERATION OF HAUL ROAD
BETWEEN MARTIN LUTHER KING JR. WAY AND SCHNITZER S'1EEL
COMPANY AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH."
APPROVING AND AUTHORIZING EXECUTION OF COOPERATIVE
AGREEMENT WITH STATE OF CALIFORNIA FOR CONSTRUCTION AND
USE OF HAUL ROAD."
March 16, 1993
- 11 -
AMENDING RESOLUTION NO. 92458, A RESOLUTION REQUESTING THE
CITY COUNCIL TO ENLARGE THE PORT AREA."
AND CONCESSION AGREEMENTS WITH RAFEIQ NAJI, ELIJAH TURNER,
FRED IVEY, DBA, JACK LONDON AUTO DETAILING, AND CALIFORNIA
CANOE AND KAYAK, INC."
FOR APPROVAL OF CHANGE ORDER FOR COST DELAYS DURING
EARTHQUAKE DAMAGE REPAIRS AT 7TH STREET 'TERMINAL,
ASSESSING PENALTY AGAINST KULCHIN-CONDON & ASSOCIATES,
ES, INC.,
PRIME CONTRACTOR FOR EARTHQUAKE DAMAGE REPAIR OF
CONCRETE WHARVES, BERTHS 36, 37 AND 38, AND WESTERLY POR'llON
OF BERTH 35, OAKLAND, CALIFORNIA, FOR SUBCONTRACTING WORK
WITHOUT PROPERLY DESIGNATING SUBCONTRACTOR BID FOR SAID
WORK IN ORIGINAL BID."
AGREEMENT WITH RIEDEL ENVIRONMENTAL SERVICES FOR
PELAGROS CORPORA'llON FOR ENGINEERING CONSULTING SERVICES
AUTHORIZING EXECUTION OF SAID' AGREEMENT."
FINDING AND DE IERMINING THAT A PROPOSED AGREEMENT WITH
CAPTAIN ROBERT E. RILEY FOR MARITIME CONSULTING SERVICES
CONSTITU'T'ES PROFESSIONAL OR SPECIALIZED SERVICES; AND
March 16, 1993
- 12 -
AMENDING PORT RESOLUTION NO. 93096 CONCERNING CERTAIN
APPOINTMENTS."
APPROVING EXAMINATION ANNOUNCEMENTS FOR THE POSI IIONS OF
PORT MAINTENANCE FOREMAN AND PORT MAINTENANCE LEADER."
GRANTING EXTENDED LEAVE OF ABSENCE TO MICHAEL E. PRINCE,
SEMI-SKILLED LABORER."
APPROVING PORT SPONSORSHIP OF OAKLAND-SHARING THE VISION,
INC.'S IMPLEMENTATION OF THE CITY OF OAKLAND STRATEGIC PLAN."
CONCERNING CERTAIN I RAVEL."
"RES OLU I ION NO. 93122
AMENDING THE PORT OF OAKLAND EQUAL OPPORTUNITY POLICY TO
CHANGE "POPULATION PERCENTAGE" TO "WORKFORCE AVAILABILITY
PERCENTAGE."
GRANTING MATSON TERMINALS, INC., PERMISSION TO PERFORM
CERTAIN WORK.''
GRANTING OAKLAND PORTSIDE ASSOCIATES PERMISSION TO
PERFORM CERTAIN WORK."
AUTHORIZING AND APPROVING APPOINTMENT OF SPECIAL COUNSEL."
ADOPTING REVISED ORGANIZATION CHART REALIGNING REPORTING
RELATIONSHIPS FOR CERTAIN PORT SENIOR MANAGERS AND
REPEALING ORGANIZATION CHART ADOPTED IN PORT RESOLUTION
NO. 32450."
Port Ordinance No. 3137 being, "AN ORDINANCE AMENDING SEC LIONS 2, 3,
10.01, 10.1, 10.5 AND 10.12 OF PORT ORDINANCE NO. 1149 RELATING TO
March 16, 1993
- 13 -
CHARGES FOR USE OF FACILII1ES AT ME 1 ROPOLITAN OAKLAND
INTERNATIONAL AIRPORT', and Port Ordinance No. 3138 being, "AN ORDINANCE
APPROVING AND AUTHORIZING EXECUTION OF LEASE WITH ALAMEDA
NEWSPAPER GROUP, INC., AND DIREC1ING RECORDA'110N THEREOF", and
NO. 867 TO ASSIGN SALARY SCHEDULES TO CERTAIN POSITIONS AND
INCORPORATING SAID POSITIONS INTO PORT ORDINANCE NC). 3113" were read
a second time and passed by the following vote:
Ayes:
Commissioners Broussard, Kramer, Ortiz and President Lockhart - 4
Noes:
None
Absent:
Port Ordinance No. being, "AN ORDINANCE APPROVING AND
AUTHORIZING THE GRANT OF EASEMENTS TO STATE OF CALIFORNIA AND
SCHNITZER SIEEL PRODUCTS COMPANY", and Port Ordinance No. being,
"AN ORDINANCE AMENDING PORT ORDINANCE NO. 2671 PROVIDING FOR
LONG-TERM DISABILITY INSURANCE FOR CERTAIN EMPLOYEES OF THE
PORT OF OAKLAND TO ADD THE UNREPRESENTED NON-MANAGEMENT UNIT
THERETO" were introduced and passed to print by the following vote:
Ayes:
Commissioners Broussard, Kramer, Ortiz and President Lockhart - 4
Noes:
None
Absent:
announced by President Lockhart and reconvened in open session at the hour of 6:15 p.m,
717,-7 Secretary of the Board
March 16, 1993
- 14 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, April 6, 1993, at the hour of 3:43
p.m., in the office of the Board, second floor, 530 'Water Street, Oakland, California,
portion was held from 3:25 p.m., to 3:40 p.m., during which time the Board received a report
on the procedures for evaluating good faith effort for Port Public Works contracts.
Commissioners Broussard, Kramer, Loh, Ortiz and
Director of Aviation; Director of Engineering; Chief Engineer; Port Principal Engineer,
John Wilson; Director of Maritime Affairs; Director of Strategic and Policy Planning;
Director of Public Affairs; Director of Governmental Affairs; and Secretary of the Board.
The minutes of the regular meeting of October 20, 1992 and the regular meeting of
November 3, 1992 were approved as submitted and ordered filed.
conclusion of the open session for the purpose of discussing pending litigation involving the
report of the Port Attorney on litigation matters as provided for under Government Code
Section 54956.9(a).
for the Term of One Year or less - Southwest Airlines Co. was the subject of a memo to the
Board from the Director of Aviation recommending approval of a new agreement with
Southwest Airlines Co., for 3,000 square feet of provisioning storage space in Bldg. M-145,
South Airport, and use of adjacent paved parking area, at $3,150.00 per month, effective
August 1, 1992. The recommendation was approved on passage of Resolution No. 93127.
Recommended Approval of First Supplemental Agreement - Southwest Airlines Co.,
approval of a Supplemental Agreement with Southwest Airlines Co., for 3,000 square feet
of provisioning storage space in Bldg. M-145, South Airport, and non-exclusive use of
adjacent paved parking area; and the addition of 980 square feet of vacant land adjacent to
Bldg. M-145, at $3,284.36 per month, effective January 6, 1993. The recommendation was
Recommended Approval of Second Supplemental Agreement to License Agreement Thomas Cook Currency Services, Inc., was the subject of a memo to the Board from the
Director of Aviation notifying the Board of the conditions in which Thomas Cook Currency
Services, Inc., operates at the Airport. It is in the Port's interest to retain the foreign
currency services not only to serve the existing international passengers, but also to market
the Airport for new international service. It was recommended that the Board authorize a
Second Supplemental License Agreement to extend the term of the agreement for one year
commencing March 1, 1993, with Thomas Cook paying the Port a minimum monthly
concession fee of $832.00, plus one-quarter of one percent of its monthly gross revenues
exceeding $43,000.00. The recommendation was approved on passage of Resolution No.
93129.
Recommended Approval of New License and Concession Agreements - Astro-Aire
Enterprises, Tricor California, Inc., and Francis R. Grinnon was the subject of a memo to
the Board from the Director of Aviation recommending approval to renew the agreements
with Astro-Aire Enterprises, for 1,837 square feet of storage space located in Bldg. L-731,
North Airport, at $431.84 per month, effective April 1, 1993; Tricor California, Inc., for
10,000 square feet of office and shop space, 5,000 square feet of apron space and 2,400
square feet of paved parking in and adjacent to Bldg. L-812, at $3,725.82 per month,
effective December 1, 1992; and Francis R. Grinnon, for 408 square feet of office space and
170 square feet of storage space located in Bldg. L-142, North Airport, at $502.83 per
month, effective April 1, 1993. The recommendation was approved on passage of
April 6, 1993
-2-
Recommended Approval of Agreement to Extend Right-of-Entry and Indemnity
Agreement - Flightcraft, Inc., was the subject of a memo to the Board from the Director of
Aviation recommending approval to extend the agreement with Flightcraft, Inc., for 10,930
square feet of hangar space, 1,082 square feet of shop space and 10,000 square feet of apron
space located in and adjacent to Bay D, Hangar 8, Bldg. L-810, North Airport, at $3,436.11
per month, effective March 18, 1993. The recommendation was approved on passage of
Plans and Specifications for the Restoration of Roof of Building. L-105, North
Airport was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the roof work on the
building foiuierly occupied by the FAA. The recommendation was approved on passage of
Ratification of Postponement of Bids for Furnish and Deliver Two New Airport
Rescue and Fire Fighting Vehicles, MOIA was the subject of a memo to the Board from the
Director of Engineering notifying the Board that the Board previously approved receipt of
bids for two Airport rescue and firefighting vehicles. The Regional Offices of the FAA
informed the Board that two Program Guidance Directives will be issued April 1, 1993 that
mandate new bidder qualification criteria and a new procedure for reimbursement of
inspection costs. Based on the FAA's notification, the Chief Engineer determined that the
bid opening scheduled for March 31, 1993 should be postponed due to the possibility of the
new directives requiring changes to the contract bid documents. It was recommended that
the Board ratify the Chief Engineer's action in postponing receipt of bids. After the
specifications are reviewed, the Board will be requested to issue an addendum and readvertise for bids. The recommendation was approved on passage of Resolution No. 93134.
Authorization for Open Market Procurement of Airport Seating was the subject of
a memo to the Board from the Director of Engineering notifying the Board of the plans to
improve the efficiency and appearance of the Airport terminals and that the plans call for
April 6, 1993
-3-
the purchase and installation of 1,100 seats -- 500 for Terminal I, 600 for Terminal II -- and
50 extra seat covers. The proposed seats, Knoll Diffrient Multiple Seating, are widely used
throughout the industry by both airlines and airport operators. The seats are available
through three local authorized dealers in the Bay Area, and from American Airlines
headquarters in Dallas, Texas. After review and receipt of informal proposals, it was
recommended that the Board find it to be in the best interest of the Port to purchase the
Knoll Diffrient Seating through open market procurement using MG West, a local dealer,
at an estimated cost of $445,000.00. The recommendation was approved on passage of
Authorization to Lease Office Trailers was the subject of a memo to the Board from
the Director of Engineering notifying the Board that the Port, through its contracts, provides
office space for West Coast Parking Company, Oakland Airport Shuttle Bus Company and
Cal State Security Guard Company. The three service contractors are currently sharing
limited office space located in the Long-Term Parking Lot at the Airport. It is proposed
that the Port lease two new 12' x 32' office trailers to be primarily used by the Oakland
Airport Shuttle Bus Company and Cal State Security Guard Company. A market survey
indicates that Alan Pre-Fab Building of Oakland has office trailers which best meet the
Port's requirements. It was recommended that the Board authorize leasing two office
trailers from Alan Pre-Fab Building for a term of 39 months at $2,600.00 per month, or
$31,200.00 annually, plus a one-time expenditure of approximately $1,000.00 for delivery and
installation costs. At the conclusion of the lease the Port has the option of purchasing the
trailers for a nominal fee. The recommendation was approved on passage of Resolution No.
93136.
Approval to Reject All Bids and Readvertise for Bids, Construction of Asphalt
Concrete Overlay, Taxiway 5, and the Realignment of Taxiways 2 and 8, South Airport was
of the eight bids received and that Gallagher & Burk, Inc., was the apparent low bidder at
April 6, 1993
-4
$2,045,140.00. After review of the bids it was apparent that a number of ambiguities existed
in both the bids by the subs and the scope of work included in those bids. There was
enough confusion about the scope of work being subcontracted that it was difficult to
determine if the low bidder, Gallagher & Burk, made a "good faith effort" to obtain the 16%
DBE participation goal as defined in the specifications. It was recommended that the
Board reject all bids and readvertise for bids to be received on April 22, 1993. The
Approval to Hire P&D Aviation to Perform Airport Planning Consulting Services was
that in 1987 the Port embarked on an ambitious Airport master planning exercise. The
forecasts projected moderate increases in all categories of aviation activity to the year 2015
and beyond. In addition to the forecasts, 'capacity analyses' and 'facility requirements' were
developed in accordance with relevant FAA Advisory Circulars in 1988-89, in anticipation
of terminal, ground access and cargo enhancements to be recommended by the plan. In
1992, the Port abandoned its effort to develop a long-term airport master plan, opting
instead to establish shorter-range, more limited 10-year airport development program. The
resultant '2002 Airport Development Program' is intended to reflect a more realistic
approach to development of the airport, calling for specific facility improvements which can
be supported with clear documentation of the need and the demands of the market within
a shorter, more precise timeframe. As a result of this change in direction, the Port
terminated it's relationship with TRA aviation consultants, the consultants originally hired
to assist in development of the master plan. In early 1993, the Port issued the '2002 Airport
Development Program' to the public, identifying airport improvements which would be
anticipated in the 1992-2002 timeframe. This program is being evaluated in a detailed
Environmental Impact Report and concurrent Environmental Impact Statement co-led by
the Port and the Federal Aviation Administration respectively. To complete the planning
process for the '2002 Airport Development Program' and to establish additional background
April 6, 1993
-5-
and foundation for the projects within the requisite environmental assessment documents,
the Port must clearly document what the Port anticipates future growth of aviation activities
to be, and convert estimates of demand for additional facilities into more detailed
explanation of the physical and operational needs as specific facilities are developed. The
Project Planning Department issued a Request for Proposals to have a consultant perform
this work. Four proposals were received, reviewed and evaluated by Port staff and it was
recommended that the Board authorize an agreement with P&D Aviation for aviation
planning services as agreed to in support of the '2002 Airport Development Program'. P&D
Aviation will be paid at agreed billing rates for performing the scope of work up to a total
maximum compensation of $114,600.00, with certain additional work available at the
discretion of the Executive Director. The recommendation was approved on passage of
Scott's Jack London Seafood, Inc.. Third Supplemental Agreement was the subject
of a memo to the Board from the Director of Commercial Real Estate notifying the Board
that the Second Supplemental Agreement to the Scott's Jack London Seafood, Inc., lease,
dated June 2, 1992, provided for the deferral of $87,500.00 in minimum, excess and
CAM/Promo rents over a four-month period (11/1/91 through 2/28/92). This deferral
amount was added to an existing deferral balance of $156,737.00, leaving a total deferral
balance of $244,238.00. Currently Scott's pays $7,709.99 per month toward the deferral
balance. The repayment is amortized over a three-year period at 8.5% interest. Scott's has
requested the Port again grant a temporary rent relief in the form of additional rent deferral
because of the substantial improvements they have made to the restaurant interior, including
a new energy management system. The proposed rent deferral would include all minimum
and excess rents over a six-month period (1/1/93 through 6/30/9:3), indicating an
approximate deferral amount of $145,000.00. This new deferral amount would be added to
the then existing deferral balance as of June 30, 1993 (estimated at $175,478.00), increasing
it to approximately $320,478.00. Scott's has further requested that the repayment period for
April 6, 1993
-6-
the new balance be extended to four (4) years, commencing July 1, 1993. It was
recommended that the Board approve the Third Supplemental Agreement providing for the
temporary additional rent deferral. The recommendation was approved on passage of
EBMUD - Wet Weather Treatment Facility Lease Agreement was the subject of a
memo to the Board from the Director of Commercial Real Estate notifying the Board that
the East Bay Municipal Utility District is mandated by a Cease and Desist Order, issued by
the Regional Water Quality Control Board, to commence construction of a Wet Weather
Treatment Facility by October 1993. The goals of the Wet Weather program are to prevent
the surcharging of sewers, eliminate overflows from the system, and provide screening and
disinfection of wastewater overflows from the south interceptor before releasing the
overflows into the Oakland Estuary. The proposed location for the facility is a one-acre
parcel of vacant land near the intersection of 5th Avenue and Embarcadero at San Antonio
Creek, owned by the Port. Due to restrictions under the State Tideland Grant, the Port is
precluded from selling fee title to the land and consequently EBMUD has proposed a longterm lease site, at the fair market value, for the purpose of constructing and operating the
facility. The State Lands Commission has given their approval to the proposed location and
use. It was recommended that the Board approve the new lease with the East Bay
Municipal Utility District for the proposed site. The lease contains the following terms: A
term of sixty-six (66) years; the fair market rent for the site would be a one time payment
of $208,130.00; EBMUD would take the premises "as is" and construct the improvements
in accordance with plans and specifications prepared by Lessee and approved by the Port;
EBMUD would be responsible for all maintenance, repair and replacement of the premises
and personal property; EBMUD would pay for all utilities; EBMUD would be permitted
to Self Insure; and EMBUD would obtain all necessary environmental documents. The new
lease would not become effective until the proposed amendments to the San Francisco Bay
April 6, 1993
-7-
and Seaport Plans have been approved by BCDC. The recommendation was approved on
an ordinance passed to print.
Approval of Change Order to Remove and Dispose of Underground Tanks and
Contaminated Material at Proposed Amtrak Station Site was the subject of a memo to the
Board from the Director of Engineering notifying the Board of the contract with Evans
Brother, Inc., at a bid price of $184,350.00 to demolish three warehouse building that
occupied the proposed Amtrak site. During the demolition of the buildings, the Contractor
uncovered contaminated soil which upon testing was found to contain petroleum products.
Further investigation by the. Port's Environmental Consultant revealed that three abandoned
underground storage tanks, foiuierly hidden under the concrete slab floors, were also
present at the site and must be removed. It was recommended that the Board approve a
change order for the removal and disposal of contaminated material and storage tanks to
Evans Brothers, Inc., for an estimated cost of $175,000.00. The recommendation was
Request for Vacation - Diesel Street was the subject of a memo to the Board from
the Director of Commercial Real Estate notifying the Board that in 1986 the Board
requested the City to vacate Diesel Street in conjunction with the dedication of
Embarcadero East. The Port subsequently asked the City to delay its action based on a
request from the adjacent property owner asking the Port to defer the action until it was
necessary. With the impending sale of the property at the corner of East Seventh Street and
Kennedy Streets including some portion of Diesel Street, for the proposed Alameda County
Household Hazardous Waste Transfer Facility, it is now recommended that the Board
reconflim the request to the City for the vacation of Diesel Street. The recommendation
for the Term of One Year or Less - Pacific Bell was the subject of a memo to the Board
from the Director of Commercial Real Estate recommending approval to renew the
April 6, 1993
-8-
agreement with Pacific Bell for 2,500 square feet of vacant land in the outer harbor area,
at $336.00 per month, effective January 1, 1993. The recommendation was approved on
Recommended Ap oroval of New License and Concession Agreement(s) was the
subject of a memo to the Board from the Director of Commercial Real Estate
recommending approval to enter into a new agreement with City Roast Cafe, for 100 square
feet of land adjacent to Barnes and Nobel on the plaza, in Jack London Square, at 6% of
gross sales, effective March 15, 1993. The recommendation was approved on passage of
Approval to Assess Penalty to Oliver de Silva, Inc., for Adding Subcontractor was
of the contract with Oliver de Silva, Inc., for construction of asphalt concrete overlay of
Berth 23, Outer Harbor Terminal at the bid amount of $1,844,444.00. Oliver de Silva
informed the Board that they inadvertently did not list a subcontractor to perform the
railroad work and requested permission to add Western Rail Builders as the subcontractor
to perfoim this work totalling $36,636.00. Oliver de Silva was infoimed that under the
General Provisions of the Contract Specifications subletting or subcontracting of any portion
of the work in excess of one-half of one percent of the Contractor's total bid as to which no
subcontractor was designated in the original bid shall only be permitted in cases of public
emergency or necessity, and then only after a finding reduced to writing as a public record
of the Board setting forth the facts constituting the emergency or necessity, a penalty can
be assessed. As there was not apparent intent by Oliver de Silva to subvert the subcontract
requirements, it was recommended that a penalty of seven percent or $2,704.52 be assessed.
Approval of the Negative Declaration for Rehabilitation of the Berths 8 & 9 Yard
Portions of the Bay Bridge Terminal was the subject of a memo to the Board from the
Director of Engineering notifying the Board of the lease with the U.S. Army for
April 6, 1993
-9-
approximately 38 acres of land at Outer Harbor Berths 8 and 9, which together with the
Port-owned Berth 10 comprise the Bay Bridge Terminal. The Port has planned an extensive
rehabilitation project encompassing approximately twenty (20) acres of the marine yard
under an approved agreement dated June 13, 1989. Under the terms of the Lease, the Port
is responsible for the design, bidding and construction of this work. The proposed project
consists of undergrounding existing overhead utility lines; replacing most storm sewers and
drains; replacing deteriorated fire hydrants, water lines and the alarm system; filling to
establish grades that will drain and not be flooded; removing obsolete railroad tracks,
rehabilitating remaining tracks to PUC standards and raising them to the new yard
elevations; installing taller light standards and rehabilitating lighting to OSHA standards;
repaving with asphalt; and rehabilitating fencing at the new yard elevations. An initial Study
and subsequent Negative Declaration was prepared for this project and distributed for public
review. It was recommended that the Board certify that it reviewed and considered the
information contained in the Initial Study and Negative Declaration; find that on the basis
of the Initial Study and comments received, no substantial evidence exists that the project
will have a significant adverse effect on the environment; approve the Negative Declaration
and adopt the mitigation measures as the Port's reporting or monitoring program under
CEQA; and authorize the Executive Director to proceed with the various improvements
described. The recommendation was approved on passage of Resolution No. 93144.
Amend Terminal Use Agreement with CMB Transport N.V. and Norsul Internacional
S.A. was the subject of a memo to the Board from the Director of Maritime Affairs notifying
the Board of the joint five-year term Terminal Use Agreement with CMB Transport, N.V.,
a Belgian corporation, and Norsul Internacional S.A., a Brazilian corporation, for use of the
Charles P. Howard Terminal. The joint service between CMB/Norsul is known as Norbel
Line and provides service between Brazil and the United States west coast. CMB has
notified the Port, effective immediately, that they have withdrawn from the Norbel Line
Service. As a result of this withdrawal, CMB has requested the TUA be amended to delete
April 6, 1993
- 10 -
them as a party to the agreement. Norsul will continue to provide the Norbel Line service
and maintain the same service pattern. It was recommended that the Board amend the
agreement to reflect the change in status. The recommendation was approved on passage
Modifications to Port of Oakland Tariff 2-A was the subject of a memo to the Board
from the Director of Maritime Affairs recommending approval to make certain
administrative modifications to the Port of Oakland Tariff No. 2-A. Included was the
amendment to the provisions in Item 05105 (e) and (f); application of Wharfage Rates to
ensure proper application of wharfage on transferred and transshipped cargo moving from
one terminal facility to another and transshipped cargo discharged from a vessel and then
reloaded to another vessel at the same or another terminal; the deletion of the phrase
"N.O.S." in the commodity description for "Cocoa, beans, N.O.S." in Item 06200, as it is not
required as "Cocoa beans" delineates a specific commodity; and the addition of the words
"including vessel stores and supplies" in the published description for "Cargo, N.O.S." in Item
06800, Wharfage containerized Cargo, Rate Basis D. The recommendation were approved
on passage of an ordinance to print.
Removal of Inactive Underground Petroleum Storage Tanks CF-17, CF-18, CF-19,
and CF-20, Adjacent to Building C-401, 2277 Seventh Street was the subject of a memo to
the Board from the Director of Engineering recommending approval of the plans and
specifications and authority to advertise for bids to remove the inactive tanks. The
Ratification of Change Order for Dredging Berth 24, Outer Harbor Terminal was the
subject of a memo to the Board from the Director of Engineering recommending approval
to ratify change order to Great Lakes Dredge and Dock Company for $46,933.33 to dredge
Berth 24. The original contract with Great Lakes Dredge and Dock Company was for
dredging Berths 7, 8, 9, and 25, and deepening Berth 35, and in December 1992, Maersk
Line Terminal, Berth 24, informed the Port that siltation had reduced the depth of the berth
April 6, 1993
- 11 -
so much that at low tide one of its vessels made contact with the bottom of the berth.
Great Lakes Dredge and Dock Company was available to perform the dredging on a timeand-materials basis plus a lump sum for mobilization and demobilization as a change to
their present contract and was instructed by the Director of Engineering to perform the
work. The recommendation was approved on passage of Resolution No. 93147.
Resources recommended the appointment of Stanley Kopacz, Manager, General Aviation,
effective April 12, 1993, at $5,069.00 per month; Karen Lowe, Contract Analyst, Traffic
Representative III, effective April 7, 1993, at $3,629.00 per month; Marlon Hardee, Semiskilled Laborer, effective April 7, 1993, at $2,963.00 per month; Ricky Lopp, Semi-skilled
Laborer, effective April 7, 1993, at $2,963.00 per month, and William Harden, Airport
Operations Supervisor, effective April 12, 1993, at $4,598.00 per month. Also recommended
was the amended appointment date of Sonali Bose, Director of Finance, to reflect March
22, 1993 as her start date; amendment of classification title of "Airport Customer Relations
and Information Officer to "Airport Public Relations/Communications Representative"; and
Assignment of Salary Schedule for the position to Salary Schedule 251.49; and revision of
Job Specifications to the existing Civil Service classification of Airport Public
Relations/Communications Representative. Further recommended was the approval of
examination announcements for the position of Janitor Foreperson and Airport Public
Relations/Communications Representative. The recommendations were approved on
passage of Resolution No. 93148 for appointments, Resolution No. 93149 for amending
appointment, Resolution No. 93150 for job specifications, Resolution No. 93151 for
examination announcement, and on an ordinance passed to print for change of title and
salary assignment.
Authorization to Award Contract(s) for Motor Vehicles was the subject of a memo
to the Board from the Director of Engineering notifying the Board of the bids received and
recommending the following awards: Backhoe from Peterson Tractor, at a cost of
April 6, 1993
- 12 -
$57,177.65; Sweeper from GSC Inc., at a cost of $100,927.29; Flatbed Truck from Melrose
Ford, at a cost of $18,816.96; and two Lebaron sedans from Cavanaugh, Motors at a cost
of $34,729.89 for a total cost of approximately $211,652.00. The recommendation was
Amendment of Port of Oakland Deferred Compensation Plan was the subject of a
memo to the Board from the Director of Human Resources notifying the Board of the
Deferred Compensation Plan under Section 457 of the Internal Revenue Code of 1986 for
the benefit of its employees. The Plan's Deferred Compensation Advisory Committee is
charged with the responsibility for the management and administration of the Plan. The
Committee has recently voted to recommend to the Board of Port Commissioners that the
Plan be amended to make certain technical tax and administrative changes and it was
recommended that the Board approve the amendments to the Restated Compensation Plan
of the Port of Oakland. The amendments include changes to confolln with current federal
tax law regarding Section 457 plans, including certain actuarial definitions; procedures
governing participation in the Plan and selection of investment options; expansion of
distribution options for employees; clarification of procedures for beneficiaries; and
expansion of participants' ability to transfer money between Plan and other qualifying
Section 457 plans. The recommendation was approved on passage of Resolution No. 93153.
Mr. Joseph Debro, President, TLC Engineers; Mr. Randy Kiser, an attorney
representing Mr. Debro, and Mr. Geffrey Pete, President of the Niagara Movement
Democratic Club, appeared before the Board to request that Mr. Debro 's construction firm
be allowed to submit a proposal for the proposed new Amtrak Station at Jack London
Square. Mr. Debro noted that the project was a high profile important building and that
an Oakland firm should be allowed to make a proposal for the work. Fle noted that his
firm was eliminated from competition although he alleged that his firm was fully qualified.
The Director of Engineering noted that the proposed list of qualified contractors consisted
of Oakland fiin s.
April 6, 1993
- 13 -
The Board took the comments under submission and would issue a review letter on
the matter.
vote:
Ayes:
Noes:
None
Absent:
YEAR OR LESS WITH SOUTHWEST AIRLINES, CO."
SUPPLEMENTAL AGREEMENT WITH SOUTHWEST AIRLINES CO."
AUTHORIZING EXECUTION OF A SECOND SUPPLEMENTAL LICENSE
AND CONCESSION AGREEMENT WITH THOMAS COOK CURRENCY
SERVICES, INC."
APPROVAL AND AUTHORIZING EXECUTION OF CERTAIN LICENSE AND
CONCESSION AGREEMENTS WITH ASTRO-AIRE ENTERPRISES, TRICOR
CALIFORNIA, INC., AND FRANCIS R. GRINNON."
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN AGREEMENT
TO EXTEND RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT WITH
FLIGHTCRAFT, INC."
REJECTING ALL BIDS FOR CONS IRUCTION OF ASPHALT CONCRETE
OVERLAY OF TAXIWAY 5 AND THE REALIGNMENT OF TAXIWAYS 2
AND 8, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA; REJECI1NG ALL BIDS AND
DIRECTING RETURN OF BID BONDS TO BIDDERS; AND AUTHORIZING
READVERHSEMENT FOR BIDS FOR SAID WORK."
April 6, 1993
- 14 -
APPROVING PLANS AND SPECIFICATIONS FOR RESTORATION OF ROOF
OF BUILDING L-105, NORTH FIELD, METROPOLITAN OAKLAND
INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; AND CALLING FOR
BIDS THEREFOR."
RATIFYING AND APPROVING POSTPONEMENT OF BIDS TO FURNISH
AND DELIVER TWO NEW AIRPORT RESCUE AND FIRE FIGHTING
VEHICLES, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,
OAKLAND, CALIFORNIA (A.I.P. 3-06-0171-01)."
ERMINING THAT IT IS IN THE BEST INTEREST
EREST OF
THE PORT TO PURCHASE NEW AIRPORT SEATS WITHOUT
COMPETITIVE BIDDING AND AUTHORIZING PROCUREMENT OF SAME
ON THE OPEN MARKET."
THE PORT TO LEASE TWO OFFICE TRAILERS WITHOUT COMPETITIVE
BIDDING AND AUTHORIZING THE LEASE OF SAME ON ME OPEN
MARKET WITH ALAN PRE-FAB BUILDING CORPORATION."
E,RMINING THAT A PROPOSED AGREEMENT WITH
P&D AVIATION FOR AIRPORT PLANNING CONSULTING SERVICES
APPROVING THIRD SUPPLEMENTAL AGREEMENT TO LEASE WITH
SCOT I'S JACK LONDON SEAFOOD, INC., FOR ADDITIONAL RENT
DEFERRAL."
FINDING AND DETERMINING THAT IT IS NECESSARY TO VACATE
DIESEL STREET, OAKLAND, CALIFORNIA."
YEAR OR LESS WITH PACIFIC BELL."
April 6, 1993
- 15 -
AND CONCESSION AGREEMENT WITH CITY ROAST CAFE."
APPROVING AND AUTHORIZING ISSUANCE OF CHANGE ORDER IN
CONTRACT WITH EVANS BROTHERS, INC., FOR DEMOLITION OF PORT
BUILDING F-227, F-228 AND F-229, JACK LONDON SQUARE, OAKLAND,
CALIFORNIA."
ASSESSING PENALTY AGAINST OLIVER DE SILVA, INC., PRIME
CONTRACTOR FOR CONS IRUCTION OF ASPHALT CONCRETE OVERLAY
OF BERTH 23, OU1ER HARBOR TERMINAL, OAKLAND, CALIFORNIA,
FOR SUBCONTRACTING WORK WITHOUT PROPERLY DESIGNATING
SUBCONTRACTOR BID FOR SAID WORK IN ORIGINAL BID."
CERTIFYING CONSIDERATION OF INITIAL STUDY AND NEGATIVE
DECLARATION FOR REHABILITATION OF THE BERTH 8 AND 9 YARD
PORTIONS OF THE BAY BRIDGE 'I ERMINAL, FINDING NO SUBSTANTIAL
EVIDENCE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT,
APPROVING THE NEGATIVE DECLARATION AND APPROVING THE
PROJECT."
'RESOLU'T'ION NO. 93145
AUTHORIZING EXECUTION OF FOURTH SUPPLEMENTAL AGREEMENT
WITH CMB TRANSPORT N.V. AND NORSUL INTERNACIONAL S.A."
APPROVING PLANS AND SPECIFICA 'TONS FOR REMOVAL OF INACTIVE
UNDERGROUND PETROLEUM STORAGE TANKS CF-17, CF-18, CF-19, AND
CF-20 ADJACENT TO BUILDING C-401, 2277 SEVENTH STREET, OAKLAND,
CALIFORNIA, AND CALLING FOR BIDS THEREFOR."
APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDER FOR
DREDGING OF I3ERTH 24, OUTER HARBOR TERMINAL, OAKLAND,
CALIFORNIA."
April 6, 1993
- 16 -
APPOINTMENTS."
APPROVING JOB SPECIFICATIONS FOR THE POSITION OF AIRPORT
PUBLIC RELATIONS/COMMUNICATIONS REPRESENTATIVE."
APPROVING EXAMINATION ANNOUNCEMENTS FOR THE POSII IONS OF
JANITOR FOREPERSON AND AIRPORT PUBLIC
RELATIONS/COMMUNICATIONS REPRESENTATIVE."
AWARDING CONTRACTS FOR PURCHASE OF MOTOR VEHICLES AND
REJECTING OTHER BIDS THEREFOR."
ADOPTING CERTAIN AMENDMENTS TO THE RESTATED DEFERRED
COMPENSATION PLAN OF THE PORT OF OAKLAND."
GRAN1ING SEA-LAND SERVICE, INC., PERMISSION TO PERFORM
CERTAIN WORK."
GRANTING TRANS BOX SYSTEMS, INC., PERMISSION TO PERFORM
CERTAIN WORK."
"RESOLU 110N NO. 93156
GRANTING CITY OF OAKLAND PERMISSION TO PERFORM CERTAIN
WORK."
Port Ordinance No. 3140 being, "AN ORDINANCE APPROVING AND
AUTHORIZING THE GRANT OF EASEMENTS TO STATE OF CALIFORNIA AND
SCHNITZER STEEL
EEL PRODUCTS COMPANY"; and Port Ordinance No. 3141 being, "AN
ORDINANCE AMENDING PORT ORDINANCE NO. 2671 PROVIDING FOR LONGPERM DISABILITY INSURANCE FOR CERTAIN EMPLOYEES OF THE PORT OF
OAKLAND TO ADD THE UNREPRESENTED NON-MANAGEMENT UNIT
THERETO" were read a second time and passed by the following vote:
April 6, 1993
- 17 -
Ayes:
Noes:
None
Absent:
AUTHORIZING EXECUTION OF LEASE WITH EAST BAY MUNICIPAL UTILITY
DISTRICT AND DIRECTING RECORDATION THEREOF"; and Port Ordinance No.
being, "AN ORDINANCE AMENDING PROT ORDINANCE NO. 2833
RELATING TO WHARFAGE RULES AND REGULATIONS AND WHARFAGE,
CONTAINERIZED CARGO"; and Port Ordinance No. being, "AN ORDINANCE
AMENDING SECTION 10.005 OF PORT ORDINANCE NO. 867 TO RETITLE THE
POSITION OF AIRPORT CUSTOMER RELATIONS AND INFORMATION OFFICER
AND TO ASSIGN A SALARY SCHEDULE THERETO" were introduced and passed to
print by the following vote:
Ayes:
Noes:
None
Absent:
April 6, 1993
- 18 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, April 20, 1993, at the hour of 3:40
p.m., in the office of the Board, second floor, 530 Water Street, Oakland, California,
Board reviewed the Port's fiscal year 1993 Year-End Financial Projection.
Broussard, Furth, Kramer, Loh, Ortiz, Ward Allen
None
Chief Engineer; Director of Aviation; Director of Commercial Real Estate; Director of
Finance; Director of Equal Opportunity; Director of Strategic and Policy Planning; Director
of Governmental Affairs; Senior Commercial Representative; Airport Manager; Director
of Public Affairs; General Manager, Marine Terminals; and Secretary of the Board.
The minutes of the regular meeting of November 17, 1992 were approved as
submitted and ordered filed.
report of the Port Attorney on litigation matters as provided for under Government Code
Section 54956.9(a); personnel matters as provided for under Government Code Section
54957; and to provided instruction to negotiators concerning Oakland Wharf Amusement
Park proposal at Alice Street as provided for under Government Code Section 54956.8
Commissioner Furth, Chair of the Audit and Finance Committee, informed the Board
Commissioner Kramer, Chair of the Commercial Real Estate Committee, informed
Recommended Approval of New License and Concession Agreement - Pacific Aerial
Surveys was the subject of a memo to the Board from the Director of Aviation
recommending approval to renew the agreement with Pacific Aerial Surveys for 3,107 square
feet of storage space located in Bldg. L-643, North Airport, at $752.32 per month, effective
April 1, 1993. The recommendation was approved on passage of Resolution No. 93157.
Acceptance of Federal Aviation Administration AIP-04 Grant Amendment No.6 was
of the grant offer which covered overlay of Taxiway 5; overlay of Airport Drive; new safety
signs for runways and taxiways; and a New Crash Alarm and Emergency Notification System.
During the planning period several portions of the work have been changed. The FAA is
now offering AIP-04 Grant Amendment No. 6 which does not change the amount of the
grant but changes the scope of the work to reduce the scope of the work for the overlay of
Taxiway 5, and to delete the overlay of Airport Drive and the New Crash Alarm and
Emergency Notification System and apply the funds to the Airfields Signage Program. It
was recommended that the Board accept the Amendment No. 6 to the Grant Agreement.
Approval to Re-advertise and Issue Addendum No. 1 to Furnish and Deliver Two
New Airport Rescue and Fire Fighting Vehicles was the subject of a memo to the Board
from the Director of Engineering notifying the Board that the original date for receipt of
bids was postponed to allow time to revise the specifications to meet new FAA bidder
qualification criteria and changes in procedure for receiving reimbursement from the FAA
April 20, 1993
-2-
for inspection costs. Since the postponement, the FAA has provided infoiuiation on
revisions required to the specifications and these revisions have been incorporated in
Addendum No. 1. The changes and corrections deal with qualifying experience; deletes the
requirement for the contractor to reimburse the Port for the cost of inspection; requires
bidder to furnish, with his bid, specifications and plans of a previously built vehicle similar
to that to be supplied under this contract which would provide a detailed description of the
vehicle being offered; and permits the vehicle body to be fabricated from aluminum or
stainless steel. It was recommended that the Board approve Addendum No. 1 and readvertise for bids to be received on June 2, 1993. The recommendation was approved on
Recommendation to Approve Amendment to MOU for Port Transfer of Oakport
Property and Give First Reading to Ordinances Related Thereto was the subject of a memo
to the Board from the Director of Commercial Real Estate notifying the Board that the
Board previously approved the execution of a Memorandum of Understanding with the City
of Oakland which would transfer control and jurisdiction of three parcels of land located on
Oakport Street in the Oakland Airport Business Park, a 22.59 acre Parcel A, a 7.62 acre
Parcel B, and a 1.68 acre Parcel C. During the course of negotiations, the following matters
have been agreed upon: The transfer will involve only Parcels A and C, a total of 24.27
acres, and not the 7.6 acre Parcel B; the agreed-upon purchase price is $9,000,000.00; the
agreed-upon "Estimated Cost of Remediation" of environmental contamination is
$125,000.00 which amount will be deducted from the purchase price, however, the Port will
be reimbursed for expenditures up to this amount as it undertakes the remediation; and the
schedule of actions by the Port and City would have the City taking final action on removing
Parcel A from the Port area on July 6, 1993. In addition, it is proposed that the Port amend
the Standards and Restrictions for the Oakland Airport Business Park to delete Parcels A
and C. The proposed transfer is exempt under the California Environmental Quality Act
(CEQA) because it is not a "project", or it can be seen with certainty that there is no
April 20, 1993
possibility that it may have a significant effect on the environment, or it is categorically
exempt as an existing facility or as involving minor alterations in land use limitations. It was
recommended that the Board pass a resolution finding that the proposed transfer is exempt
from CEQA; approve an amendment to the Memorandum of Understanding between the
Port and the City to incorporate the agreements described; authorize the transfer of control
and possession of the 24.27 acres of Parcels A and C to the City; amend Port Ordinance No.
2832, the Oakland Airport Business Park Standards and Restrictions, to delete Parcels A
and C; and set a public hearing on the amendment of Port Ordinance No. 2832 for May 4,
1993, as required by Section 3 of that Ordinance. The recommendations were approved on
passage of Resolution No. 93160 for finding the CEQA exemption, Resolution No. 93161
for Memorandum of Understanding with the City, Resolution No. 93162 for setting public
bearing, and on an ordinance passed to print for relinquishing the site to the City and
providing for the deletion of the site from the Airport Business Park.
Authorization for Professional Services for Jack London Square Environmental
Graphic Design Program - Vanderbyl Design was the subject of a memo to the Board from
the Director of Commercial Real Estate notifying the Board that the original budget and
development programs for Jack London Square Phase I, the Capital Improvement Program
included $611,000.00 for public area signs, graphics, banners, kiosks and related items. A
portion of the program, approximately $120,000.00, was never implemented as it was
interrupted by the transition of ownership to the Port. Now that the leasing effort is moving
ahead, it is appropriate to proceed with this integral component of the retail marketing
program. Working with Terranomics, the Port's leasing agent, proposals were received for
the signage project and it was recommended that the Executive Director be authorized to
enter into an agreement with Vanderbyl Design for Phases I-IV of the Jack London Square
Environmental Graphic Design program at a cost not to exceed $95,900.00. Phase I will
take advantage of the existing poles and light standards to create a graphic banner program,
and Vanderbyl Design will develop a distinctive standard sign program for retail tenants,
April 20, 1993
4
provide design of directory maps, an icon for surface street signage program, freestanding
project entrance identification at Franklin, Broadway and Washington Streets, and include
presentation materials with a design fee of $52,000.00. Phase II includes design of the
freestanding directional kiosks and signage on the pedestrian bridge crossing Embarcadero,
with a design fee of $12,000.00. Phase III will provide design of a Jack London sculpture
for the central plaza, a garage rooftop sign for freeway and estuary visibility, and signage
on the 880 overpass with a design fee of $15,200.00. Phase IV, the final phase, will review
any outstanding issues, such as design of a fence at Embarcadero and Broadway, a review
of the landscaping and possible flagpole relocation with a design fee of $16,700.00. The
figures do not include engineering review, fabrication or installation. The recommendation
Authorization for Professional Services for Facilities Manager for Port Occupied
Space - Fatima Vegas was the subject of a memo to the Board from the Director of
Commercial Real Estate notifying the Board that the position of Port Building Services
Supervisor has been vacant since mid-April 1992 as the employee assigned to that position
has been on worker's compensation medical leave. The unfilled position is responsible for
the supervision of three employees involved in providing building services to the Port
building, reconfiguration of Port-occupied space, and coordination of fire and life safety of
Port personnel and facilities and it is necessary to hire an experienced facilities manager to
focus on these functions and to assist in other landlord/tenant and tenant-related tasks. It
was recommended that the Board authorize the Executive Director to enter into a personal
services contract with Ms. Fatima Vegas to provide the needed services. The contract would
be for a period of one year with a 120 day cancellation provision. The compensation would
be $5,209.00 per month and the contract could be extended for six months intervals until the
position is permanently occupied. The recommendation was approved on passage of
April 20, 1993
-5-
EBMUD Wet Weather Facility Acceptance of CEQA Findings was the subject of a
memo to the Board from the Director of Commercial Real Estate notifying the Board of
the proposed lease agreement with the East Bay Municipal Utility District for a one-acre
parcel of vacant land near the intersection of 5th Avenue and Embarcadero at San Antonio
Creek for their Wet Weather Treatment Facility. The Board has determined that the parcel
was not needed for Port Priority uses and that another nearby parcel could be so designated
to expedite changing the San Francisco Bay Plan and the Seaport Plan. 'The plan changes
have now been approved by the San Francisco Bay Conservation and Development
Commission and the Metropolitan Transportation. Commission. EBMUD has previously
prepared and certified the Wet Weather Facilities Final Environmental Impact Report and
prepared and certified a Negative Declaration for the San Antonio Creek Wet Weather
Facility. In consideration of the required specific plan changes and detailed site questions
that had not been specifically addressed in the EIR, EBMUD prepared a report entitled
"Supporting Information for Environmental Determination". The report considered the
potential environmental consequences of the Plan amendments as well as issues related to
the storage, use, disposal and discharge of chemicals from this specific site. No significant
environmental impacts were identified by the environmental documents and it was
recommended that the Board certify, review and consider the environmental effects of the
proposed Wet Weather Facility and finding that neither the facility nor the specific plan
changes required will have significant effects. The recommendation was approved on
Recommended Approval of First Supplemental to a License and Concession
Agreement for AFI Marketing, dba Maxine's was the subject of a memo to the Board from
the Director of Commercial Real Estate recommending approval of a First Supplemental
Agreement for AFI Marketing, dba Maxine's for the use of Parking lot 11, Jack London
Square, 370 Embarcadero West, at $250.00 per month, effective April 1, 1993 instead of the
April 20, 1993
-6-
previously approved $501100 effective December 1, 1992. The recommendation was
Approval to Authorize Payment for Replacement of Boom Hoist Rope Sockets and
Articulation Ropes on Cranes X-409 and X-410 was the subject of a memo to the Board
from the Director of Engineering notifying the Board that Cranes X-409 and X-410 were
supplied to the Port by KSEC in 1988 with boom hoist and articulation ropes fitted with
swaged-tie rope end sockets. The service manual, supplied by KSEC, calls for both sets of
ropes to be replaced every four years, significantly less than normal rope life. Ropes
without swaged sockets are normally replaced due to defects discovered (luring inspections
and have a 12-year average service life. The Port hired McKay International, the
mechanical consultant when the cranes were built, to review the status of the boom hoist
and articulated ropes. McKay has recommended certain actions at a cost of $42,000.00.
The tenant assigned the cranes, Maersk Line, is responsible for maintaining the cranes
including the replacement of ropes. However, with a replacement interval so much shorter
than the norm, it was recommended that the Board authorize payment of $26,000.00 to
Maersk as reimbursement for a portion of the cost of replacing the ropes and sockets on the
cranes. The recommendation was approved on passage of Resolution No. 93167.
Second Supplemental Agreement with Stevedoring Services of America Amending
Boundaries at Charles P. Howard Terminal was the subject of a memo to the Board from
the Director of Maritime Affairs recommending approval of a Second Supplemental
Agreement with Stevedoring Services of America, which will delete approximately 26,400
square feet from the existing premises at the Charles P. Howard Terminal. The area will
be used for the extension of Embarcadero West as part of the CALTRANS reconstruction
of the 1-880 Cypress Freeway. Additionally, the area will be used for the installation of 115
KV power lines adjacent to Howard Terminal to provide electrical power to facilities in the
Outer Harbor. The recommendation was approved on passage of Resolution No. 93168.
April 20, 1993
-7-
Plans and Specifications for Replacement of Fuel Dispensing Facility at Berth 23 was
the subject of a memo to the Board from the Director of Engineering recommending their
approval and authority to advertise for bids for removing the existing fuel dispensing island
and three underground storage tanks, installing two new underground storage tanks, one
above-ground waste oil tank, constructing a new fuel dispensing island and providing a
temporary fueling facility for fueling cargo handling equipment during construction of the
new facilities. The recommendation was approved on passage of Resolution No. 93169.
Award of Contract, Earthquake Damage Repairs of Perimeter Dike, Berths 38-40,,
Seventh Street Terminal was the subject of a memo to the Board from the Director of
Engineering notifying the Board of the seven bids received and recommending award of the
contract to Dutra Construction Company, Inc., the low bidder, at $1,630,684.00. The
Award of Contract, Berths 82, 83, & 84, Repair of Earthquake-Damaged Piles, 9th
Avenue Terminal was the subject of a memo to the Board from the Director of Engineering
notifying the Board of the six bids received and recommending award of the contract to
Western Waterproofing Company, Inc., the low bidder, at $72,979.00. The recommendation
Resources recommended the appointment of Theresa Surel, Commercial Representative IV,
effective May 4, 1993, at $4,241.00 per month; Peter Mullen, Assistant Port Transportation
Planner, effective April 21, 1993, at $3,481.00 per month; Geanine Forbes, Senior Typist
Clerk, effective April 21, 1993, at $2,338.00 per month; and Linda Matthews, Intermediate
Stenographer Clerk, effective May 17, 1993, at $2,223.00 per month. Also recommended
was the creation of one position of Port Financial Projects Coordinator, one position of
Chief Port Safety Administrator, and two positions Port Safety Administrator. Further
recommended was the assignment of salary schedule 240.03 to the position of Assistant Port
Transportation Planner, and the termination of Abraham Romero, Custodian in the
April 20, 1993
-8
Aviation Division, for cause effective the close of the work day of April 21, 1993. The
Resolution No. 93173 for termination, and on an ordinance passed to print for creation of
position and assignment of salary schedule.
Mr. Alfonso Loera, Airport Serviceman, appeared before the Board to appeal his
suspension for failure to perform his assigned duties. 'The appeal is provided for under Rule
10 of the Personnel Rules and Procedures. The Board took the matter under submission
and held the appeal over for further information.
Appointment of Underwriting Team for Port of Oakland Revenue Bonds, 1993 Series
F was the subject of a memo to the Board from the Director of Finance notifying the Board
that due to low interest rates, the Port has the opportunity to refund about $70 million of
outstanding Port revenue bonds. The benefits of the refunding include increasing the Port's
debt capacity, removing restrictive provisions, realizing present value savings and gaining
access to excess 1957 Revenue Fund monies. The Port requires the assistance of a team of
underwriters in structuring and underwriting the proposed refunding bond issue and it was
recommended that the Board appoint the underwriting team used on the Port's last bond
issue. The team consists of Smith Barney, Harris Upham as senior manager, and the
following firms as co-managers: Paine Webber Incorporated; Artemis Capital Group;
Charles A. Bell Securities; and Grigsby, Brandford Powell. The recommendation was
approved on passage of Resolution No. 93174
Travel Authorization contained in a memo to the Board from the Secretary of the
Board recommended approval for the travel of Mr. Gerald Vaught, Port Controller, to
Vancouver, B.C., Canada, on or about the period May 2-6, 1993, to attend the 87th Annual
Conference of Government Finance Officers Association; the travel of Harold Scates,
Principal Electrical/Mechanical Engineer, to Gothenburg and Vasteras, Sweden, Bremen
and Bremenhaven, Germany, on or about the period. May 18-28, 1993, to meet container
crane manufacturers and to inspect new model cranes in use; the travel of Mr. William
April 20, 1993
-9-
Stevens, Director of Maritime Affairs, to Copenhagen, Denmark, Bremen and Hamburg,
Germany and Brussels, Belgium, on or about the period May 23-31, 1993, to call on shipping
lines and inspect new model cranes in use; and the, travel of Charles R. Roberts, Executive
Director, to Rotterdam, The Netherlands, to attend the General Assembly of the Permanent
International Association of Navigation Congresses, during the period May 23-24, 1993, with
the continued travel to Amsterdam, Copenhagen, Denmark, Bremen, Germany and Brussels,
Belgium, to call on shipping lines and airlines and to inspect new model cranes in use during
the period May 25 to June 1, 1993. The recommendation was approved on passage of
Approval of Specification for Removal and Disposal of Hazardous Waste Designated
Waste and Other Contaminated Materials was the subject of a memo to the Board from
the Director of Engineering recommending their approval and authority to advertise for bids
for an annual contract for removal and disposal of hazardous waste generated or
encountered by Port activities. The recommendation was approved on passage of
vote:
Ayes:
Noes:
None
Absent:
None
AND CONCESSION AGREEMENT WITH PACIFIC AERIAL SURVEYS."
ACCEPTING AMENDMENT NO. 6 TO GRANT OFFER OF THE UNTIED
STAPES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT
D'I FA08-84-C-30113."
April 20, 1993
- 10 -
APPROVING ADDENDUM NO. 1 TO SPECIFICATIONS TO FURNISH AND
DELIVER TWO NEW AIRPORT RESCUE AND FIRE FIGHTING VEHICLES,
MEIROPOLITAN OAKLAND INIERNATIONAL AIRPORT, OAKLAND,
CALIFORNIA, AND CALLING FOR BIDS THEREFOR."
MAKING FINDINGS AND DE'I ERMINATIONS REGARDING THE
PROPOSED TRANSFER AND JURISDICTION OF LAND IN THE OAKLAND
AIRPORT BUSINESS PARK TO THE CITY COUNCIL AND DIRECTING THE
FILING OF A NOTICE OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT."
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT
AMENDING MEMORANDUM OF UNDERSTANDING BETWEEN BOARD OF
PORT COMMISSIONERS AND CITY COUNCIL OF THE CITY OF OAKLAND
FOR TRANSFER OF CONTROL AND JURISDICTION OVER
APPROXIMATELY 30 ACRES OF PROPERTY IN THE OAKLAND AIRPORT
BUSINESS PARK FROM THE BOARD TO THE CITY COUNCIL."
SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT OF PORT
ORDINANCE NO. 2832 (EXCLUSION OF PARCEL A AND PARCEL C FROM
OAKLAND AIRPORT BUSINESS PARK)."
VANDERBYL DESIGN FOR DESIGN CONSULTING SERVICES
FATIMA VEGAS FOR BUILDING CONSULTING SERVICES CONSTITUTES
ES
EXECUTION OF SAID AGREEMENT."
CERTIFYING THE BOARD'S REVIEW AND CONSIDERATION AS
RESPONSIBLE AGENCY OF THE ENVIRONMENTAL EFFECTS IDENTIFIED
IN THE ENVIRONMENTAL IMPACT REPORT AND NEGATIVE
DECLARATION FOR THE PROPOSED EAST BAY MUNICIPAL UTILITY
DISTRICT'S WET WEATHER TREATMENT FACILITY AT 5TH AVENUE
AND EMBARCADERO AT SAN ANTONIO CREEK AND MAKING CERTAIN
FINDINGS AND DETERMINNIIONS IN CONNECTION THEREWITH."
April 20, 1993
- 11 -
SUPPLEMENTAL AGREEMENT WITH A.F.I. MARKETING DBA MAXINE'S."
APPROVING AND AUTHORIZING PAYMENT FOR REPLACEMENT OF
ROOM HOIST AND ROPE SOCKETS AND ARI1CULATION ROPES ON
CRANES X-409 AND X-410, OAKLAND, CALIFORNIA."
AUTHORIZING EXECUTION OF SECOND SUPPLEMENTAL AGREEMENT
WITH STEVEDORING SERVICES OF AMERICA."
APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF FUEL
DISPENSING AND FACILITY AND STORAGE TANKS BF-07, BF-08, AND BF09 AT BUILDING B-213, BERTH 23, OAKLAND, CALIFORNIA."
AWARDING CONTRACT TO DUTRA CONSTRUCTION
RUCTION CO., INC., FOR
EARTHQUAKE DAMAGE REPAIRS OF PERIMETER DIKE, BERTHS 38-40,
SEVENTH STREET IERMINAL, OAKLAND, CALIFORNIA; FIXING THE
AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH;
REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS
TO BIDDERS."
AWARDING CONTRACT TO WESTERN WATERPROOFING CO., INC., FOR
BERTHS 82, 83 AND 84, REPAIR OF EARTHQUAKE DAMAGED PILES, 9TH
AVENUE TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF
BIDDERS.
"RESOLUTION NO. 9317:3
'IERMINATING APPOINTMENT OF ABRAHAM ROMERO.''
April 20, 1993
- 12 -
FINDING AND DE I ERMINING THAT THE PROPOSED APPOINTMENT OF
SMITH BARNEY, HARRIS UPHAM & CO., INC., ARTEMIS CAPITAL GROUP,
INC., CHARLES A. BELL SECURITIES CORP., GRIGSBY BRANDFORD
POWELL, INC., AND PAINE WEBBER INCORPORATED, FOR
UNDERWRITING SERVICES CONSTITUTES PROFESSIONAL OR
SPECIALIZED SERVICES; AND AUTHORIZING SUCH APPOINTMENT."
CONCERNING CERTAIN TRAVEL."
APPROVING PLANS AND SPECIFICATIONS FOR REMOVAL AND
DISPOSAL OF HAZARDOUS WASTER DESIGNATED WASTER AND OTHER
CONTAMINATED MATERIALS FOR THE PERIOD COMMENCING JULY 1,
1993, AND ENDING JUNE 30, 1994, 1995, OR 1996, OAKLAND, CALIFORNIA."
THIS NUMBER NOT USED."
GRANTING WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION
PERMISSION TO PERFORM CERTAIN WORK."
GRANTING OAKLAND PORTSIDE ASSOCIATES PERMISSION TO
AUTHORIZING EXECUTION OF LEASE WITH EAST BAY MUNICIPAL UTILITY
DISTRICT AND DIRECTING RECORDATION THEREOF", and Port Ordinance No.
3143 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833 RELATING
TO WHARFAGE RULES AND REGULATIONS AND WHARFAGE
CONTAINERIZED CARGO", and Port Ordinance No. 3144 being, "AN ORDINANCE
AMENDING SECTION 10.005 OF PORT ORDINANCE NO. 867 TO RETITLE THE
POSITION OF AIRPORT CUSTOMER RELATIONS AND INFORMATION OFFICER
AND TO ASSIGN A SALARY SCHEDULE THERETO", were read a second time and
passed to print by the following vote:
April 20, 1993
- 13 -
Ayes:
Commissioners Broussard, Furth, Kramer, Loh, Ortiz,
Noes:
None
Absent:
None
Port Ordinance No. being, "AN ORDINANCE RELINQUISHING TO THE
CITY COUNCIL CONTROL OF A PORTION OF THE PORT AREA", and Port
Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO.
2832, BEING AN ORDINANCE ESTABLISHING STANDARDS AND RESTRICTIONS
REGULATING THE USE OF LAND AND 'THE DESIGN AND CONS 'RUCTION OF
STRUCTURES AND OTHER IMPROVEMENTS IN THE OAKLAND AIRPORT
BUSINESS PARK, AND REPEALING PORT ORDINANCE NO. 1343, AS AMENDED",
and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO CREA'IE NEW SALARY SCHEDULE NO. 261.6, TO
RETITLE THE POSITIONS OF SAFETY MANAGER AND SAFETY SPECIALIST, TO
CREATE THE POSITION OF PORT FINANCIAL PROJECTS COORDINATOR, TO
ASSIGN THE POSITION OF ASSISTANT PORT 'I RANSPORTATION PLANNER TO
A SALARY SCHEDULE AND TO RENUMBER CERTAIN SALARY SCHEDULES"
were introduced and passed separately by the following vote:
Commissioners Broussard, Furth, Kramer, Loh, Ortiz,
Ayes:
Noes:
None
Absent:
None
April 20, 1993
- 14 -
vote:
Ayes:
Commissioners Broussard, Furth, Kramer, Loh, Ortiz and
Noes:
None
Absent:
Commissioner Ward Allen - 1
RATIFYING, CONFIRMING AND APPROVING SE1 ILEMENT IN CITY OF
OAKLAND V. INSURANCE COMPANY OF NORTH AMERICA."
AUTHORIZING AND RATIFYING SE'l I'LEMENT OF COMPLAINT FOR
INDEMNITY IN REGARD TO CONSTRUCTION, METROPOLITAN
seconded.
April 20, 1993
- 15 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, May 4, 1993, at the hour of 3:32
p .m. in the office of the Board, second floor, 530 Water Street, Oakland, California,
portion was held from 3:05 p.m. to 3:30 p.m., during which time the Board received a report
on the Port's financial reserve policies.
Commissioners Kramer, Loh, Ortiz, Ward Allen
Chief Engineer; Director of Maritime Activities; Director of Aviation; Director of
Commercial Real Estate; Director of Strategic and Policy Planning; Director of Human
Resources; Director of Equal Opportunity; Director of Public Affairs; and Secretary of the
Board.
The minutes of the regular meeting of December 1, 1992 were approved as submitted
and ordered filed.
for and under Government Code Section 54956.9(b) and (c); personnel matters as provided
for under Government Code Section 54957; and instructions to negotiaters concerning
Oakland Wharf Amusement Park Proposal at Alice Street as provided for under
Recommended Approval of New License and Concession Agreement. United Airlines
Co. was the subject of a memo to the Board from the Director of Aviation recommending
approval of a new agreement with United Air Lines, Inc., for 4,545 square feet of the
Airport's fire training area, 805 square feet of access/egress and 300 square feet of storage
yard all located in the vicinity of Building L-922, North Airport, effective May 1, 1993.
There would be not rental charge as the area would be used to train Port personnel. The
Recommended Approval of Agreement to Extend Right-of -Entry and Indemnity
Agreement - City of Oakland was the subject of a memo to the Board from the Director of
Aviation recommending approval to extend Right-of-Entry and Indemnity Agreement with
the City of Oakland for portion of approximately 5.326 acres including ten parking spaces
only and excluding Port Building L-911 at the foliner Raiders' Practice Field on the corner
of Doolittle Drive and Harbor Bay Parkway, at $1.00 a year, effective May 6, 1993.The
For The Term of One Year or Less - Keiser and Associates, Inc. was the subject of a memo
to the Board from the Director of Aviation recommending approval to renew the agreement
with Keiser and Associates, Inc., for 315 square feet of office space in Building M-102, South
Airport, at $422.10 per month, effective January 1, 1993. The recommendation was
Plans and Specifications, Upgrade Ramps at South Airport with Sealer was the
subject of memo to the Board from the Director of Engineering recommending their
approval and authority to advertise for bids for the work. The scope of work consists of
repairing damaged areas of asphalt concrete pavement in aircraft ramp areas; grinding
existing asphalt concrete pavement and replacing with new asphalt concrete to improve
grades around drainage structures and along concrete aprons; applying seal coat to asphalt
concrete pavement to prevent future damage by jet fuel, hydraulic fluids, degreasers, and
other petroleum-based and corrosive products. The project is categorically exempt and does
not require the preparation of an environmental document.
May 4, 1993
-2-
Plans and Specifications, Recarpeting of Terminal II, Building M-130, South Airport
was the subject of memo to the Board from the Director of Engineering recommending
their approval and authority to advertise for bids for removing existing, deteriorated carpets
and furnishing and installing new carpet tile. The area to be covered is approximately 5,000
square yards, and will be performed from 9:00 p.m. to 5:00 a.m. to minimize disruption to
airport operations. The project is categorically exempt and does not require the preparation
of an environmental document. The recommendation was approved on passage Resolution
No. 93186.
Approval of Maintenance Filling and Grading at the Galbraith Golf Course was the
subject of memo to the Board from the Director of Engineering notifying the Board that
Ransom McKay Golf Inc. has requested permission to import 125,000 cubic yards of fill
material onto the leased Galbraith Golf Course site at 10505 Doolittle. Drive for use in
filling and grading. Ransom McKay is the tenant of the City of Oakland who leases the site
from the Port. Ransom McKay has presented evidence that areas on the course are sinking,
and creating mud hazards and rough areas in the middle of the playing areas. The Port's
Environmental Department has reviewed the plans and has determined the project to be
categorically exempt from CEQA as required maintenance. The applicant has agreed to the
Department's testing standards for imported materials, and has agreed to limit work so as
not to add fill within 50 feet of any mapped wetland areas. The applicant has already
imported 5,000 - 10,000 cubic yards without Port approval, and tests must be conducted and
any contaminated material removed prior to proceeding with the project. The use of the
Golf Course as a disposal site for dredge material is essential to the success of the 42-foot
project, and this project will be monitored to insure that previously estimated capacity of the
site is not reduced. It is recommended that the Board authorize the Executive Director to
approve the project subject to conditions in the following stages: The applicant will provide
the Port with test results of the previously stockpiled material and dispose of any material
May 4, 1993
-3-
deemed unacceptable by the Port; applicant will import and stockpile up to 60,000 cubic
yards of material, presenting test results to the Port for approval; applicant will conduct
filling and grading activity in accordance with plans and specifications approved by the
Director of Engineering; and the Executive Director may authorize up to 65,000 cubic yards
of additional material to be imported and used for fill and grading once the applicant has
used the initial 60,000 cubic yards and demonstrated the need for further fill in maintaining
original grades. The recommendation was approved on passage of Resolution No. 93187.
Award of Contract, Construction of Asphalt Concrete Overlay Taxiway 5 and the
Realignment of Taxiways 2 and 8. South Airport was the subject of memo to the Board
from the Director of Engineering notifying the Board of the three bids received and
recommending the award of the contract to Gallagher & Burk, Inc., the low bidder, at
$2,002,270.00. The recommendation was approved on passage of Resolution No. 93188.
Selection of Vendor for State Ground Transportation Computerized Information
Demonstration Project was the subject of memo to the Board from the Director of Aviation
notifying the Board that the Port is participating in a two year state airport computerized
ground access infaunation demonstration project and entered into a contract with the
California Department of Transportation, Division of Aeronautics, to administer the
$250,000 grant for the state project. Other airports participating in the project are
Sacramento, San Jose and Burbank. One of the main objectives of the demonstration
project is to install computerized ground transportation information units that are
compatible, and have the ability to be networked so users at one airport can access ground
transportation information pertaining to the other participating airports. It is the Division
of Aeronautics intent to have the units also be compatible with the computerized ground
transportation information systems being installed at the Los Angeles International Airport.
In order to insure that the units are compatible with the computerized ground transportation
information systems installed at the Los Angeles Airport, the Division of Aeronautics has
requested that the same vendor and units purchased by LAX be utilized for the
May 4, 1993
-4-
demonstration project. It was recommended that the Board dispense with competitive
bidding and authorizing the Executive Director to enter into a contract with Travel
Transportation Management Computers to supply the computerized systems for the
demonstration project. The recommendation was approved on passage of Resolution No.
93189.
EBMUD - Grants of Easement was the subject of a memo to the Board from the
Director of Commercial Real Estate notifying the Board of the lease agreement with the
East Bay Municipal Utility District for a one acre parcel of vacant land near the intersection
of 5th Avenue and Embarcadero at San Antonio Creek for their Wet Weather Treatment
Facility. In conjunction with their Wet Weather project EBMUD will need to construct a
900 square foot dechlorination building, and a sub-surface outfall pipeline to discharge
treated flows into the Oakland Estuary. The proposed alignment of the outfall pipeline and
location of the dechlorination building are in Estuary Park. The Estuary Park is currently
leased by the Port to the city of Oakland, Parks and Recreation Department. EBMUD
has requested that the Port grant three easements in Estuary Park; an easement for the subsurface outfall pipeline; a surface easement for the dechlorination building; and a temporary
construction easement. It is proposed that EBMUD compensate the Port $52,075, a one
time payment, for the property rights. The environmental documents associated with a
project have previously been considered by the Board. It was recommended the Board give
first reading to an ordinance granting the easements to the East Bay Municipal Utilities
District in the Estuary Park and accepting the proposed compensation in the amount of
$52,075.00. The recommendation was approved on passage of an ordinance to print.
Middle Harbor Road Widening Project - Established Just Compensation, Accept
CEQA Findings, and Approve Conveyance of Property Rights and Execution of Cooperative
Agreement was the subject of a memo to the Board from the Director of Commercial Real
Estate notifying the Board of the proposed improvements to Middle Harbor Road and that
Caltrans' as part of the new Cypress Freeway will depress existing Seventh Street under the
May 4, 1993
-5-
new freeway in the vicinity of Pine and Cedar Streets, and will close 7th Street at this
location for approximately three years. Before such a street closure can occur, and as this
is a vital access route to the Port's Outer Harbor facilities, an alternate route must be
inplace before freeway construction. The proposed Middle Harbor Road extension is
identified as the only feasible alternate route. Caltrans and the Federal Highway
Administration have proposed to fund its construction up to $5 million as part of the
freeway project. As a condition of funding for the project, the Port would be required to
agree to maintain the improved extension as an alternative public route up to 1998. In
December of 1990, the Port purchased a 100-foot road easement from Southern Pacific
Transportation Company which included the 40-foot roadway plus an additional 60-foot strip
to allow for an anticipated Port-funded expansion to four lanes with a median and shoulders.
The Port needs to set just compensation and complete the acquisition of property rights
required for the project. A Cooperative Agreement has been drafted which provides that
Caltrans will supply financing for construction of the roadway up to a maximum amount of
$5 million. The rights-of way and just compensation includes Southern Pacific for .12 acres
and temporary construction easement, at a cost of $34,350.00; Navy, for 3468 square feet,
at a cost of $20,000.00; and Gannett, a Signboard, at the cost of $7,000.00 - $10,000 which
includes a buyout if no replacement site is found. Since the roadway was not entirely within
the Port Area line, the Port requested that the City of Oakland amend the Port Area line
to bring the entire Middle Harbor Road right-of-way within the Port Area. The City of
Oakland, as lead agency, has prepared a Negative Declaration and Initial Study. Two
comments were received and the issues were resolved in a meeting between the City, Port
and SP. The City Planning Commission certified the Negative Declaration, found that the
project, as mitigated, would not have a significant effect on the environment, and
recommended to the City Council that it approve the Port Area boundary change to allow
for construction of Middle Harbor Road. The City Council passed an ordinance enlarging
the Port Area to include all of the Middle Harbor Road right-of-way. It is recommended
May 4, 1993
-6-
that the Board certify review and consideration of the environmental effects of the proposed
road and a finding that the road will have no significant effects; pass a resolution setting
just compensation for the rights-of-way; authorize the Executive Director to enter into and
accept conveyance documents for the rights-of-way, and to enter into licenses and other
agreements for modifying entrances to properties adjacent to the proposed new roadway;
and authorize the Executive Director to enter into a Cooperative Agreement with Caltrans
and to issue, on behalf of the Port, all necessary certifications and other documents relating
to this project. The recommendation was approved on passage of Resolution No. 93190
certifying and considering of environmental document, Resolution No. 93191 for fair market
value findings, Resolution. No. 93192 for conveyance documents and authorization for
modification to adjacent entrances, and Resolution No. 93193 for cooperative agreement.
Authorization to Execute An Easement and Relocation Agreement with Pacific Bell
for Their Communication Facilities at AMTRAK Station Site was the subject of a memo
to the Board from the Director of Engineering notifying the Board of the proposed
construction of the AMTRAK Station facility at Alice Street between Second and
Embarcadero Streets and requires the vacation of a portion of Alice Street by the City; the
granting of easements to utility companies with underground facilities in Alice Street; and
relocation of certain aerial facilities along Second Street by the utility companies. An
agreement with Pacific Bell has been prepared whereby they will relocate their aerial
facilities at a relocation cost of $53,056.00. The agreement also includes a grant of
easement for Pacific Bell's underground facilities at Alice Street. It was recommended that
the Executive Director be authorized to execute an easement to Pacific Bell for operational
and maintenance access to their facilities in Alice Street and an agreement for the
relocation of their facilities along Second Street. The recommendation was approved on
Ratification of Emergency Action to Perform Electrical Repair Work on
Underground Power Lines at Berth 24, Outer Harbor Terminal was the subject of a memo
May 4, 1993
-7
to the Board from the Director of Engineering notifying the Board that on April 12, 1993,
Alisto Engineering Group, while performing groundwater monitoring well installations for
the Mobil Oil Company at the site of the former Mobil Oil Bulk Terminal, now redeveloped
as the Maersk Terminal Berth 24, unintentionally severed a 12KV power cable and a 480v
power line, and damaged the conduit of a third power line. In response to the power
outage, the Chief Engineer directed Port personnel to obtain and :install emergency
generators to supply power to Maersk's offices and to reroute power from adjacent tenants
to supply power to the cranes at Berth 24. Alisto and Alisto's insurer were informed of the
need to provide power and that the costs were the responsibility of Alisto and their insurer.
However, Alisto's insurer informed Alisto that they would not reimburse Alisto for the
repair (estimated at that time to be $75,000) until a thorough investigation into the incident
had occurred. In addition, Alisto's insurance agent recommended that Alisto not sign a Billto-Others (BTO) Work Request prepared by the Port, until after the investigation was
completed. Due to delays caused by the insurance issue and Alisto's refusal to sign the
BTO, and the need to restore regular power to the tenant in a timely fashion, the Port's
Chief Engineer declared an emergency and directed the Purchasing Manager to issued an
emergency Purchase Order to Schwartz & Lindheim to facilitate the repairs. The work has
been substantially completed and costs to date are estimated to be $87,000. It is
recommended that the Board ratify the emergency actions taken by the Chief Engineer and
authorize the expenditure of $87,000. for repairs to the underground power lines at Berth
24 with an additional $10,000 as a contingency. The recommendation was approved on
Extension of Time to Perform Emergency Dredging at Berth 24 Outer Harbor
notifying the Board of the contract with Great Lakes Dredge and Dock Company for certain
dredging and that a Contract Change Order in the amount of $46,933.33 was issued to
perform emergency dredging at Berth 24. It was recommended that the Board authorize
May 4, 1993
-8
a time extension from November 18, 1992 to February 24, 1993 (98 calendar days) for the
additional work. The recommendation was approved on passage of Resolution No. 93196.
Resources recommended the appointment Hamood Hassan, Samuel Payne, and Rosezina
Williams, all as Relief Airport Custodian, effective May 5, 1993, at $9.96 an hour; and Edith
Bacuyani, Xochitl Cortez, Demaney Hardin, Salena Jenkins, Amber Kelly, Clelia Mayoraga,
Baovy Phan, Shanta Russell, John Tse, and Kirtecia Wilson, all of Youth Aide, Class "D",
Port High School Interns, effective May 5, 1993, at $4.25 an hour. Also recommended was
the creation of one additional position of Contract Compliance Officer; request for
exemption for the classification of "Port Financial Projects Coordinator" from the Civil
Service Commission; the amendment of appointment date of Theresa Surel, Commercial
Representative IV, in the Commercial Real Estate Division, be amended to June 1, 1993
as her start date; and the examination announcement for the position of "Port Purchase
Order Contract Administrator". The recommendations were approved on passage of
Resolution No. 93197 for appointments, Resolution No. 93198 for requests of Civil Service
Board, Resolution No. 93199 for amending appointment date, Resolution No. 93200 for
Examination Announcement, and an ordinance passed to print for creation of position.
Supplemental Agreement. Uribe and Associates Consultants for Environmental
Services the subject of a memo to the Board from the Director of Engineering notifying the
Board of the existing contract with Uribe and Associates Consultants to provide the Port
with various environmental services over a two year terra. Typical services include
preliminary site assessments, groundwater studies, risk assessments, wastewater analysis,
remediation design, and similar services as required. Service during the first year of the
contract totalled approximately $235,000 as expected. In connection with the diesel spill into
the Clinton Basin and the ensuing discovery of a leaking fuel tank at the Keep on Trucking
(KOT) site, extensive environmental consulting services were needed to keep the cleanup
progressing to the satisfaction of the regulatory agencies. The other environmental
May 4, 1993
-9
consultant, Geomatrix Consultants, has been occupied with the Berth 30 contaminated soils
project, and the majority of the other Port environmental projects has been assigned to
Uribe and Associates. The monthly invoices from Uribe and Associates have increased and
it is now clear that the maximum compensation allowed by the contract will be exhausted
within a few months, well before January 31, 1993. To date, about $150,000 has been
expended by Uribe and Associates on the KOT project. It is estimated that $170,000 more
will be required to complete all necessary work for the KOT project in the near future.
In order to provide for the current work and a contingency of $50,000, it was recommended
that the Board authorize a supplemental agreement to specifically identify the Keep On
Trucking project in the scope of work and to increase the cumulative contract limit to
$656,000 which includes an increase of $206,000. The recommendation was approved on
Request for Authorization to Contract with Martin O'Connell Associates for
Maritime Support Services Study was the subject of a memo to the Board from the Director
of Strategic Planning and Policy notifying the Board that the Port's maritime economic
impact model, updated in 1991, identified maritime support services as an area of
opportunity for the development of additional Oakland jobs from Port activity. Many of the
businesses that serve the maritime tenants are located outside Oakland and the East Bay,
and the employment and economic activity they generate do not provide the benefits to
Oakland residents that they would if these businesses were located within Oakland. At this
time the Port Staff wishes to perform a detailed market analysis to determine the types and
numbers of businesses that our maritime cargo activity would support locally. It was
recommended that the Board authorize a contract with Martin O'Connell Associates to
perform a market study of maritime support service needs and opportunities generated by
the Port's maritime activity, at a cost not to exceed $30,000, with certain additional
compensation available through the discretion of the Executive Director. Martin O'Connell
Associates is the firm that is updating the Port's Economic Impact Model for all three
May 4, 1993
- 10 -
revenue divisions. The recommendation was approved on passage of Resolution No. 93201.
Publication of Notice of a Public Hearing Pursuant to the Requirements of the Tax
Equity and Fiscal Responsibility Act of 1982 (TEFRA) Regarding the Port of Oakland
Revenue Bonds, 1993 Series F was the subject of a memo to the Board from the Director
of Finance notifying the Board that prior to issuing the proposed Port of Oakland Revenue
Bonds, 1993 Series F, the Board will need to authorize the publication of a notice of public
hearing and the holding of a public hearing in order to comply with the Tax Equity and
Fiscal Responsibility Act of 1982 (1EFRA). The purpose of a public hearing is to allow
interested parties to comment regarding the advisability of the proposed bond issuance.
It was recommended that the Board authorize publication of notice and the holding of a
public hearing on May 20, 1993, and that the Board authorize the Deputy Executive Director the Port Controller, or the Manager of Financial Planning and Analysis to hold
the public hearing. The recommendation was approved on passage of Resolution No. 93202.
Recommendation to Approve Retention of Special Counsel For Port Revenue Bonds
was the subject of a letter to the Board from the Port Attorney notifying the Board of the
proposed issuance of Port of Oakland Revenue Bonds, 1993 Series F to refund certain
outstanding 1957 Bonds arid Small Craft Harbor Revenue Bonds, and possibly the Port's
1971 Certificates of Indebtedness if agreement is reached with American President Lines.
As it highly desirable to retain the existing team of financial advisers, arid it was
recommended that the Board approve the retention of Kutak Rock, in association with
Harrison, Taylor & Bazile, as bond counsel and disclosure counsel in connection with the
proposed issuance of the Port's Revenue Bonds, 1993 Series F. The recommendation was
At the hour of 4:30 p.m. the Board held a Public Hearing on an ordinance to amend
the standards and restrictions concerning the Oakland Airport Business Park. The
amendments provide for the deletion of parcels to the control of the City and the hearing
is required by ordinance to provide input from the public. There was no testimony on the
May 4, 1993
- 11 -
item and the hearing was closed at the hour of 4:36 p.m. The parcels transfer was
approved on passage of Port Ordinance No. 3146 for final adoption.
vote:
Ayes:
Noes:
None
Absent:
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN LICENSE AND
CONCESSION AGREEMENT WITH UNITED AIRLINES."
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN AGREEMENT TO
EXTEND RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT WITH THE CITY OF
OAKLAND."
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT TO RENEW
LICENSE AND CONCESSION AGREEMENT FOR TERM OF ONE YEAR OR LESS
WITH KEISER AND ASSOCIATES, INC."
APPROVING PLANS AND SPECIFICA I IONS UPGRADE RAMPS AT SOUTH FIELD
WITH SEALER, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,
OAKLAND, CALIFORNIA; AND CALLING FOR BIDS THEREFOR."
APPROVING PLANS AND SPECIFICATIONS FOR RECARPETING OF 'TERMINAL
II, BUILDING M-130, SOUTH FIELD, MOIA; AND CALLING FOR BIDS
THEREFOR."
APPROVING MAINTENANCE FILLING AND GRADING AT THE GALBRAITH
GOLF COURSE SUBJECT TO SPECIFIED CONDITIONS."
AWARDING CONTRACT TO GALLAGHER & BURK, INC., FOR CONSTRUCTION
RUCTION
OF ASPHALT CONCRETE OVERLAY OF TAXIWAY 5 AND THE REALIGNMENT
May 4, 1993
- 12 -
OF TAXIWAYS 2 AND 8, SOUTH FIELD, METROPOLITAN
ROPOLITAN OAKLAND
INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, A.I.P. 3-06-0170-04, A.I.P. 306-0170-09, AND A.I.P. 3-06-0170-12; FIXING THE AMOUNT OF BONDS TO BE
PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND
FINDING AND DE1ERMINING THAT TT IS IN THE BEST INTEREST OF THE
PORT TO DISPENSE WITH COMPETITIVE BIDS FOR THE PURCHASE AND
INSTALLATION OF A COMPUTERIZED GROUND TRANSPORTATION
INFORMATION SYSTEM AND TO PURCHASE SAID SYSTEM OF THE OPEN
MARKET FROM T.T.M.C., INC., DBA TRAVEL TRANSPORTATION MANAGEMENT
COMPUTERS."
CERI YING THE BOARD'S REVIEW AND CONSIDERATION AS RESPONSIBLE
AGENCY OF THE ENVIRONMENTAL EFFECTS IDENTIFIED IN THE NEGATIVE
DECLARATION APPROVED AND ADOPTED BY THE CITY OF OAKLAND FOR
THE PROPOSED CONSTRUCTION OF AN EXTENSION TO MIDDLE HARBOR
ROAD AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH."
"RESOLU'llON NO. 93.191
APPROVING APPRAISALS FOR THE FAIR MARKET VALUE OF CERTAIN REAL
PROPERTY NECESSARY TO BE ACQUIRED AS PART OF THE PROJECT TO
EXTEND MIDDLE HARBOR ROAD, ESTABLISHING JUST COMPENSATION
THEREFOR AND DIRECTING THE EXECUTIVE DIRECTOR TO MAKE A
CONDITIONAL OFFER TO ACQUIRE SAID REAL PROPERTY."
AUTHORIZING EXECUTIVE DIRECTOR TO ENTER INTO AND ACCEPT
CONVEYANCE DOCUMENTS AND TO ENTER INTO LICENSES AND OTHER
AGREEMENTS FOR MODIFYING ENTRANCES TO PROPERTIES ADJACENT TO
PROPOSED EXTENSION OF MIDDLE HARBOR ROAD."
APPROVING AND AUTHORIZING EXECUTION OF COOPERATIVE AGREEMENT
WITH STATE OF CALIFORNIA FOR EXTENSION OF MIDDLE HARBOR ROAD
(SOUTHERN PACIFIC BYPASS ROAD)."
AUTHORIZING EXECUTIVE DIRECTOR TO ENTER INTO RELOCATION
AGREEMENT WITH AND EXECUTE AND DELIVER AN EASEMENT TO PACIFIC
BELL."
APPROVING AND RATIFYING EMERGENCY ACTION TO PERFORM
May 4, 1993
- 13 -
ELEC'T'RICAL REPAIR WORK ON UNDERGROUND POWER LINES AT BERTH 24
OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA."
APPROVING AND RATIFYING EXTENSION
ENSION OF TIME TO PERFORM
EMERGENCY DREDGING OF BERTH 24, OUTER HARBOR TERMINAL,
REQUESTING THE CITY COUNCIL TO RECOMMEND TO THE CIVIL SERVICE
BOARD THE EXEMPTION FROM THE COMPETITIVE CIVIL SERVICE OF THE
POSITION OF PORT FINANCIAL PROJECTS COORDINATOR, UNDER THE
JURISDICTION OF THE BOARD OF PORT COMMISSIONERS AND REQUESTING
THE CIVIL SERVICE BOARD TO EXEMPT THE SAID POSITION FROM THE
COMPETITIVE CIVIL SERVICE UPON THE RECOMMENDATION OF THE CITY
COUNCIL."
"RESOLUTION NO 93199
APPOINTMENTS."
APPROVING EXAMINATION ANNOUNCEMENT FOR THE POSITION OF PORT
PURCHASE ORDER CONTRACTS ADMINISTRATOR."
FINDING AND DE I ERMINING THAT A PROPOSED AGREEMENT WITH MARTIN
O'CONNELL ASSOCIATES FOR MARKET ANALYSIS CONSTITUTES
PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION
OF SAID AGREEMENT."
AUTHORIZING THE PUBLICATION OF NOTICE OF A PUBLIC HEARING
PURSUANT TO THE REQUIREMENTS OF THE TAX EQUITY AND FISCAL
RESPONSIBILITY ACT OF 1982 (TEFRA) REGARDING THE ISSUANCE OF THE
PORT OF OAKLAND REVENUE BONDS, 1993 SERIES F."
AUTHORIZING AND APPROVING APPOINTMENT OF SPECIAL COUNSEL."
GRANTING SEA-LAND SERVICE, INC., PERMISSION TO PERFORM CERTAIN
May 4, 1993
- 14 -
WORK."
GRANTING FEDERAL AVIATION ADMINISTRATION PERMISSION TO PERFORM
CERTAIN WORK."
GRANTING FEDERAL AVIATION ADMINISTRA I ION PERMISSION TO PERFORM
CERTAIN WORK."
GRANTING OAKLAND PORTSIDE ASSOCIAI ES PERMISSION TO PERFORM
CERTAIN WORK."
APPROVING AND FILING OF COMPLAINT AGAINST PACIFIC GAS & ELECTRIC
COMPANY FOR DAMAGES RESULTING FROM ENVIRONMENTAL
CONTAMINATION AT PORT PROPERTY LOCAIED AT LOT 12, OAKLAND,
CALIFORNIA."
Ayes:
Commissioners Kramer, Loh, Ward Allen and
Noes:
None
Abstain:
Commissioner Ortiz - 1
Absent:
AGREEMENT WITH URIBE AND ASSOCIATES CONSULTANTS FOR
ENVIRONMENTAL CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR
SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID FIRST
SUPPLEMENTAL AGREEMENTS."
Port Ordinance No. 3145 being, "AN ORDINANCE RELINQUISHING TO THE
CITY COUNCIL CONTROL OF A PORTION OF THE PORT AREA", and Port
Ordinance 3146 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2832,
BEING, "AN ORDINANCE ESTABLISHING STANDARDS AND RESTRICTIONS
REGULATING THE USE OF LAND AND THE DESIGN AND CONSTRUCTION OF
May 4, 1993
- 15 -
STRUCTURES AND OTHER IMPROVEMEN IS IN THE OAKLAND AIRPORT
BUSINESS PARK, AND REPEALING PORT ORDINANCE NO. 1343, AS AMENDED",
and Port Ordinance No. 3147 being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO CREAIE NEW SALARY SCHEDULE NO. 261.6, TO
RETITLE THE POSHIONS OF SAFETY MANAGER AND SAFETY SPECIALIST, TO
CREATE, THE POSIIION OF PORT FINANCIAL PROJECTS COORDINATOR, TO
ASSIGN THE POSITION OF ASSISTANT PORT TRANSPORTATION PLANNER TO
A SALARY SCHEDULE AND TO RENUMBER CERTAIN SALARY SCHEDULES",
were read a second time and passed by the following vote:
Ayes:
Noes:
None
Absent:
AUTHORIZING THE ENECUTION OF AN AGREEMENT WITH AND THE GRANT
OF EASEMENTS TO EAST BAY MUNICIPAL UTILITY DISTRICT', and Port
Ordinance No. being, "AN ORDINANCE NO. 867 CREATING AN ADDITIONAL
POSII
ION OF CONTRACT COMPLIANCE OFFICER AND REPEALING SECTION
2 OF PORT ORDINANCE NO 3147", were read a first time and passed to print by the
following vote:
Ayes:
Noes:
None
Absent:
At the hour of 4:40 p.m. the Board entered into closed session as previously
announced by President Lockhart and reconvened at open session at the hour of 5:45 p.m.
during which time Commissioner Ward Allen was excused from the meeting.
May 4, 1993
- 16 -
At the hour of 5:46 p.m., the meeting was adjourned on a motion duly made and seconded.
May 4, 1993
- 17 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, May 18, 1993, at the hour of 3:50
p.m., in the office of the Board, second floor, 530 Water Street, Oakland, California, Vice
President Broussard presiding, appropriate notice having been given and posted. An
informal portion was held during the period from 3:15 p.m., to 3:45 p.m., during which time
the Board received an overview of the FY 93-94 budget.
Commissioners present: Furth, Kramer, Loh, Ortiz, and Vice President
Broussard - 5
Ward Allen, and President Lockhart - 2
Also present were the Deputy Executive Director, Port Attorney, Director of
Aviation, Director of Commercial Real Estate, Director of Human Resources, Director of
Strategic and Policy Planning, Director of Engineering, Chief Engineer, Director of
Maritime Activities, Director of Finance, Port Controller, Director of Public Affairs, and
Secretary of the Board.
The minutes of the regular meeting of December 15, 1992, and the regular meeting
of January 5, 1993 were approved as submitted and ordered filed.
Vice President Broussard infoimed the Board that he would not call for a closed
session at the meeting.
Commissioner Kramer, Chair of the Commercial Real Estate Committee informed
the Board that the Committee had met and reviewed their current agenda.
Commissioner Ortiz, member of the Aviation Committee informed the Board that
the Committee had met and reviewed their current agenda.
Recommended Approval of AirBART Ticket Vending Machines Purchase was the
subject of a memo
to the Board from the Director of Aviation notifying the Board of the
scheduled ground transportation between the Oakland Coliseum BART station and the
Oakland International Airport currently being provided under contract by Emergency
Medical Transport. The one-way fare is presently set at $2.00 per adult passenger, and $.50
per handicapped and child passenger. Passengers pay the fare in fare boxes not designed
to maintain an audit trail of revenues collected, making accountability difficult. After
several meeting with BART staff to resolve the cash accounting problem with the current
system. It was decided that the ticket vending machines should be installed at the Airport
passenger terminals and at the Coliseum station. It was recommended that the Board
authorize the purchase of five Schlumberger Parkmaster III ticket vending machines and
accessories at a cost of $72,552.25, with BART to pay for two machines and installation
costs which will be installed at the Coliseum BART station. The vending machine are
compatible with existing equipment, and two machines will be installed at the BART station,
two machines will be installed in Terminal I, and one machine will be installed in Terminal
H. Existing coin/bill acceptor machine will be relocated to Terminal The
Authorization to Use Sole Source for Equipment for Expansion of the Parking Lot
Revenue Control System South Airport was the subject of a memo to the Board from the
Director of Engineering notifying the Board that both the short term and long term parking
lots at the Airport utilize the same exit plaza. Due to parking lot usage far beyond what
was anticipated and the configuration of the lots being such that long-teini lot users are able
to block off the short-tem lot users, the exit time experienced by some users during peak
periods has been from 30 to 45 minutes. To correct this situation, three additional exit lanes
at the short-term lot need to be installed. To have the three new exit lanes operate as part
of the existing parking revenue control system, equipment for the lanes has to be compatible
with the existing computer controlled system which was installed by Elysdel, Inc. The
estimated cost based on the current quotation from Elsydel, Inc. for the equipment, which
includes exit booths, software, fimiware, and hardware installed for three exit lanes, is
$450,000.00. Some of the equipment is manufactured in France and has a lead time of five
May 18, 1993
-2-
months. It was recommended that the Board find and determine that it is in the best
interest of the Port to execute a contract with Elsydel, Inc. for the installation of equipment
as described for three parking lot exit lanes at an estimated cost of $450,000.00. The
For the Term of One Year or Less - Southwest Airlines Co. was the subject of a memo to
the Board from the Director of Aviation recommending approval to renew the agreement
with Southwest Airlines Co. for 1,200 square feet ticket counter, 3,810 square feet office,
3,600 square feet bag make-up, 716 square feet bag service office and 7,977 square feet
operations office located in Terminal Bldg. M-130, at $110,152.37 per month, effective
January 1, 1993. The recommendation was approved on passage of Resolution No. 93212.
Recommended Approval of New License and Concession Agreement - Russel Lamm
dba Lamm Associates was the subject of a memo to the Board from the Director of
Aviation recommending approval of a new agreement with Russel Lamm dba Lamm
Associates for 8,000 square feet of shop space and 2,176 square feet of unpaved land located
in and adjacent to Bldg. L-819 North Airport, at $1,829.25 per month effective June 1, 1993.
Recommended Approval of an Extension of a Right-of-Entry and Indemnity
Agreement - The Hertz Corporation was the subject of a memo to the Board from the
Director of Aviation notifying the Board of the one-year Right-of-Entry and Indemnity
Agreement for one ground water monitoring well adjacent to the Hertz service facility at
Oakland International Airport, and recommending approval of a new agreement to
supersede the previous Agreement and covers the existing monitoring well plus three new
monitoring wells. Alameda County and State of California environmental regulations
require that new and existing wells be monitored for at least one year. The tem" of the new
Right-of-Entry and Indemnity Agreement would be extended through March 31, 1994. The
May 18, 1993
-3-
Recommended Approval of North Airport Fee Increases was the subject of a memo
to the Board from the Director of Aviation recommending approval to increase the fees
governing commercial operations, aircraft parking, assigned ramp spaces, T-hangars, Port-aPorts and tiedowns by 3.0% effective July 1, 1993. It was noted that the Board adopted a
policy of linking rates and charges for certain North Airport activities and properties to the
previous calendar year's Consumer Price Index for Urban Wage Earners and Clerical
Workers. The recommendation was approved on an ordinance passed to print.
Tishman West Companies - Management Agreement was the subject of a memo to
the Board from the Director of Commercial Real Estate notifying the Board that Tishman
West companies is currently responsible for the repair and maintenance of Port building F107, F-201, F-215, and F-216 in the Phase II area of Jack London Square. Negotiations
toward a formal Management Agreement between the Port and Tishman have been
protracted because of union issues, Tishman's staff reorganization, and the Alameda
Newspaper Group Lease in building F-107. The formal agreement has now been prepared
and contains the following terms and conditions: a start date of July 1, 1992, a term of
Thirty-Six Months, Compensation would be $2,000.00 per month commencing December 1,
1992. This amount would be increased to $2,250.00 per month when the second floor of the
Building F-107 is leased. The project includes Port Building F-107 (66 JLS), F-201 (77 JLS),
F-215 (Harbormasters Office), F-216 (51 J1 S) Tishman will submit operational budgets for
fiscal year 1994/95. Tishman has previously submitted the 1992/93 budget, in the amount
of $300,000.00 and the 1993/94 budget in the amount of $390,000.00. Tishman will
coordinate the janitorial service and repair and maintenance of electrical, plumbing, HVAC,
locks, glass, fire extinguishers, fire safety system (Bldg F-107), elevators, interior painting,
ceiling tiles, stairs/handrails, trash compactor, window washing, and storm drains. The Port
will remain responsible for capital improvements, structural and roof repairs, leasing, trash
collection, utility bills, landscaping, and exterior painting. It is recommended that the Board
authorize the execution of the agreement. After discussion Commissioner Ortiz moved that
May 18, 1993
-4-
the agreement be for two years as the Port might be experiencing the need for inhouse
management services. The motion was seconded and passed unanimously to change the
term from three years to two years. The amended recommendation was approved on
State of California Department of Boating,aL_
ul Waterways - Amendment of Loan
Agreements was the subject of a memo to the Board from the Director of Commercial Real
Estate notifying the Board that the Port currently is considering a proposed refunding of its
senior lien debt. In addition to interest cost savings, the Port's objectives in the proposed
refunding include simplifying the Port's debt structure, removing all debt senior to the
revenue bonds issued under the Port's Master Trust Indenture and eliminating the restrictive
covenants contained in both the 1957 Resolution and Resolution No.26599. The latter
Resolution was adopted on June 9, 1981 in connection with the issuance by the Board of its
Small Craft Harbor Revenue Bonds and contains restrictive covenants similar to those found
in the 1957 Resolution. The Port currently has outstanding approximately $6 million in such
bonds and loans with the State of California Department of Boating and Waterways. The
DBW Loans have a lien on Port revenue Junior to the 1957 Bonds and senior to all current
Port Revenue Bonds. As the DBW Loans are senior debt to the Revenue Bonds, and some
of the DBW Loans incorporate portions of Resolution No. 26599, Port staff examined
several options on how to deal with the DBW Loans. After discussion with the agency the
department has advised Port staff that it will agree to subordinate DBW Loans to all current
and future Port Revenue Bonds, and to permit the Board to rescind Port Resolution No.
26599, and reduce the rate of interest on the DBW Loans, Series 1981, Series 1982 and
Series 1983 to 4.5%. It was recommended that the Board authorize the Executive Director
to execute amendments to the appropriate DBW loan agreements to subordinate the DBW
Loans to the Revenue Bonds, rescind Resolution No.26599 effective upon execution of the
loan agreement amendments referred to, and accept the new interest rate. The
May 18, 1993
5
Renewal of Agreement with the City of Alameda for Ferry Service Subsidy and
Funding of Marketing Consultant was the subject of a memo to the Board from the
Director of Commercial Real Estate notifying the Board that in March of 1990, the City of
Alameda and the Port of Oakland entered into an agreement providing for the City of
Alameda as the lead agency to administer the ferry service, apply for subsidy funding and
contract with the ferry operator. Operational funding for the ferry is provided by a
combination of fare income, funds from Regional. Measure 1, which generates 3% of the
$0.25 toll increase from the Bay Bridges (South Group) administered by the Metropolitan
Transportation commission (MTC), the Port of Oakland and the City of Alameda. The Port
of Oakland and the City of Alameda are presently funding $80,000 each toward the subsidy
of the ferry, and fund the consultant who markets and administers the day to day ferry
operations at a cost of $25,000.00 per year for each agency. In May, 1993 the California
Transportation Commission (CTC) granted the Alameda/Oakland lFerry Service an
additional $1.125 million to the $2.5 million of funds already authorized last year for the
purchase of a new dedicated ferry vessel. The total available for the purchase of the ferry
is now $3.635 million, and the City of Alameda has executed the contract for the
construction of the new vessel with Nicholes Brothers in Freeland, Washington. In addition,
the CTC also approved a $406,000.00 grant for improvements to the Port's ferry terminal.
It was recommended that the Board approve the renewal of an agreement between the City
of Alameda and the Port of Oakland for the continued operation of the ferry under the
same cost sharing terms as currently exist. The recommendation was approved on passage
Building Permit Application Revision: Western Federal Savings and Loan Tenant
Improvements- Cove IV 2000 Embarcadero was the subject of a memo to the Board from
the Director of Engineering notifying the Board of a previously approved permit which was
not executed as the tenants improvements were modified. It is recommended that the
Board approve a new permit for the construction of the tenant improvements on the second
May 18, 1993
-6
and third floor of the building, Suites 205 and 303, for Development Studies Center, a nonprofit California corporation. The revised estimated cost of the proposed work is $290,000.
Approval of Engineering Services to Study Crane Rail Girder Capacity Outer Harbor
Terminal was the subject of memo to the Board from the Director of Engineering notifying
the Board that over the years the Port has designed or had designed container crane wharfs
and cranes at the Outer Harbor, Seventh Street, Middle Harbor and inner Harbor Terminal
Areas. The sizes of the cranes have increased drastically, existing cranes have been
modified, and new designs have been established to meet the changing ship sizes. The
criteria for design of the wharf structures has changed to keep pace with the evolution of
the shipping industry from the mid-sixties to the present. Maritime Division has requested
that Engineering do an inventory study of the Port's cranes, including location, capacity,
lifting height, and age. The intent of the request is, to determine the ability to upgrade and
/or relocate cranes from one berth to another to meet the ever-changing needs of our
tenants in the most economical way possible. An important factor in the decision to
upgrade and/or relocate is the load-carrying capacity of the crane rail girder at each of the
wharfs. It is recommended the Board authorize an agreement with Liftech Consultants, Inc.
to perform the study. It is agreed that Liftech Consultants, Inc. be paid at agreed billing
rates for performing the scope of work up to a total maximum compensation of $116,000,
with certain additional work available at the discretion of the Executive Director. The
Approval to Issue Addendum No. 1 for Replacement of Fuel Dispensing Facility at
Berth 23 was the subject of a memo to the Board from the Director of Engineering
recommending approval to amend the plans and specifications for Replacement of Fuel
Dispensing Facility and Storage Tanks BF-07, BF-08, and BF-09 at Building B-213, Berth
23, Oakland, California. The tenant at Berth 23 has agreed to forego having a 4,000-gallon
temporary diesel fueling facility installed during construction and to use a fuel truck for
May 18, 1993
-7-
hauling in fuel for the yard equipment until construction is completed. To reflect this
change, it is proposed that an addendum to the specifications be issued deleting those
portions of the work pertaining to the temporary fueling facility. The recommendation was
Resources recommended the appointment of Angie L. Zigenis, (Extra Position No. 1)
Executive Secretary , effective May 19, 1993, at $3,400.00 per month; Albert Koo, Port
Auditor II, effective May 19, 1993, at $3,170.00 per month; Connie K. Ng, Contract
Compliance Officer, effective May 19, 1993, at $3,150.00 per month; Palmer Woods-Ponder,
Senior Typist Clerk, effective May 24, 1993, at $2,338.00 per month. Also recommended
was the creation of one position of Assistant to the Director of Human. Resources. The
creation and assignment to the classification of Equipment Systems Superintendent of Salary
Schedule 106.15. The Amendment of Salary Schedule Assignment for Port Claims
Administrator from Salary Schedule 268 to Salary Schedule 271.88. The creation of an
additional position of Executive Secretary in the Office of Strategic and Policy Planning at
Salary Schedule 227.85. The revision of class specifications for Port Safety Administrator.
Further recommended was a medical leave of absence for Rita Thomas, Intermediate Typist
Clerk through and including June 13, 1993. The recommendations were approved on
passage of Resolution No. 93221 for appointments, Resolution No. 93222 for Job
Specifications, Resolution No. 93223 for Leave of Absence, and on an ordinance passed to
print for the creation of Position, and Salary Assignments.
Revisions to Financial Management Reserve Policies for the Port of Oakland was the
subject of a memo to the Board from the Director of Finance recommending approval to
make certain revisions to the Port's reserve funds: included would be a change in the name
of the Port Reserve Fund to the Port Bond Reserve Fund and the name of the minimum
unencumbered cash balance be changed to the Operating Reserve Fund and the amount in
the Operating Reserve Fund be reduced from 25% of the adopted annual operating expense
May 18, 1993
8
budget to 12.5%, which shall be segregated as a separate account on the general ledger of
Port's books. Also recommended was that the name of the Capital Improvement Reserve
Fund be changed to the Capital Reserve Fund. The Capital Reserve Fund balance would
be determined as of each July 1 commencing July 1, 1993. The amount to be equal to the
Port's cash (excluding restricted cash such as, but not limited to, Passenger Facilities
Charges, Earthquake Recovery Funds, bond proceeds, and bond reserve funds held by the
Trustee or Fiscal Agent) less: a) $1 million; b) the amount required to be deposited in the
Operating Reserve Fund; c) the amount required to be deposited in the Port Bond Reserve
Fund; and d) net encumbrances (open market and contractual commitments less
reimbursements in progress for the following 60-90 days). Further recommended was that
the current balance in the Capital Improvement Reserve fund of $10,000,000 will be
released to the Port Revenue Fund as of July 1, 1993 and will be refunded by an amount
determined in July. Additionally recommended was that following approval of a project or
a contract by the Board, the Director of Finance without Board approval, be given the
authority to withdraw those funds as necessary to fund capital improvement projects during
the year. The recommendation was approved on passage of Resolution No. 93224.
CAPA Non-Airport Excess Liability Insurance and Excess Public Officials Errors
and Omissions Insurance Coverage was the subject of a memo to the Board from the
Director of Human Resources notifying the Board of the Insurance coverage for NonAirport Excess Liability Insurance (Automobile and Maritime General Liability) and Excess
Public Officials Errors and Omissions Coverage through the California Association of Port
Authorities Insurance Buying Group. Due to current problems in the London Marine
Market, the broker Johnson and Higgins has had difficulty placing the expiring program,
which included limited Public Officials Errors and Omissions Coverage. After extensive
world wide marketing, the broker is recommending a restructuring of the program which will
allow the excess general and automobile insurance to again be written on an occurrence
insuring agreement for the first $50,000,000.00 and claims made coverage on the
May 18, 1993
9
$100,000,000.00 excess layer. With the exception of the first one million excess with St.
Paul, all Public Official Errors and Omissions Insurance will be purchased separately by the
individual ports on an "as needed" basis. The annual premium is $815,000.00 an 11.25%
increase over last year. The Port of Oakland's allocated share is approximately 16.5%,
$134,475.00 plus applicable taxes and fees. The Primary $1,000,000 Errors and Omissions
coverage will continue to be placed with the Sedgwick Ports Program Policy and Excess
layers will be with National Union at approximately $80,324.00 and Reliance at
approximately $37,500.00. It is recommended that the Port of Oakland continue purchasing
excess insurance through the CAPA Insurance Group and place stand alone (Non-Airport)
Public Officials Errors and Omissions Insurance for approximately $118,000.00 in total
premiums. The recommendation was approved on passage of Resolution No. 93225.
Airport Liability Insurance was the subject of a memo to the Board from the
Director of Human Resources notifying the Board of the Airport Liability Insurance policy
and recommended that Risk Manager be authorized to bind renewal of Airport Liability
Insurance with Associated Aviation Underwriters with the same terms and conditions as
expiring, for an annual premium of $108,500. The recommendation was approved on
Airport Public Officials Errors and Omissions Insurance was the subject of a memo
to the Board from Director of Human Resources notifying the Board of the insurance policy
and recommending that the Risk Manager be authorized to place renewal Airport Public
Officials Errors and Omissions Insurance with the Continental Insurance Company for
approximately $149,875.50 and seek additional limits of $5,000,000.00 for up to $75,000
without further Board approval (as a limit of $5,000,000.00 with a Self-Insured retention of
$100,000.00). The recommendation was approved on passage of Resolution No. 93227.
Crane and Port Liability Insurance was the subject of a memo to the Board from
the Director of Human Resources notifying the Board of the policy and that the market is
hard due to significant catastrophic property losses, including hurricanes, snow storms, the
May 18, 1993
- 10 -
bombing of the World Trade Center, etc. during the year. To renew the program "as is",
the premium will increase from $600,000.00 to approximately $770,000.00. The broker has
also received a renewal quote on Port Liability and Protection and Indemnity Insurance of
$140,000 plus taxes and fees. This represents an approximate 20% increase which the
underwriters believe warranted, due to the Port's increased revenues. It was recommended
that the Port's Risk Manager be authorized to finalize the placement of renewal of crane
insurance and Port liability for an approximate annual premium of $910,000.00. The
Automobile Liability Insurance was the subject of a memo to the Board from the
Director of Human Resources notifying the Board of the policy and recommending that the
Risk Manager be authorized to renew the Aetna Casualty Automobile Policy, the composite
rate of $573.21 per vehicle and a deposit premium of $116,445.00. The recommendation
Authorization to Purchase Twenty-three Motor Vehicles and One Special-Purpose
Unit was the subject of a memo to the Board from the Director of Engineering
recommending approval to purchase 15 vehicles, 2 light pick-up trucks through State of
California contracts and 7 vehicles through open-market procurement as a or special
purpose units. Also recommended was a finding by the Board that the twenty vehicles
scheduled for replacement are surplus and authorized their sale by the Executive Director.
The recommendation was approved on passage of Resolution No. 93230 for finding of
surplus, and Resolution No. 93231 for procurement.
Uncollectible Accounts was the subject of a letter to the Board from the Port
Attorney notifying the Board of the Annual Procedure for which certain accounts receivable
are written off the books of the Port. The sums arise from, among other things, damage to
Port Property, rent, utilities, landing fees, concession fees and aircraft storage charges, and
represent total receivables as of May 18, 1993 in the sum of $125,396.17. It is recommended
that the Board authorize the thirty-seven accounts to be written off the Port books. The
May 18, 1993
- 11 -
vote:
Ayes: Commissioners Furth, Kramer, Loh, Ortiz and
Vice President Broussard - 5
Noes:
None
Absent:
Commissioner Ward Allen and President Lockhart - 2
"RESOLUTION 93210
ERMINING THAT IT IS IN THE BEST INTEREST
EREST OF
THE PORT TO ENTER INTO A CONTRACT FOR THE PURCHASE AND
INSTALLATION OF FIVE TICKET VENDING MACHINES WITHOUT
ON THE OPEN MARKET SUBJECT TO EXECUTION OF AN AGREEMENT
BY THE SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT FOR THE
REIMBURSEMENT OF THE COST OF TWO SAID MACHINES TO BE
INSTALLED AT THE COLISEUM BART STATION."
FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF
THE PORT TO PROCURE AIRPORT PARKING LOT REVENUE CONTROL
EQUIPMENT WITHOUT COMPETIIIVE BIDDING AND AUTHORIZING
THE EXECUTIVE DIRECTOR TO PROVIDE FOR THE PROCUREMENT
AND INSTALLATION THEREOF."
APPROVING AND AUTHORIZING EXECU HON OF AGREEMENT TO
YEAR OR LESS WITH SOUTHWEST AIRLINES CO."
AND CONCESSION AGREEMENT WITH RUSSEL LAMM, AN INDIVIDUAL,
DBA LAMM ASSOCIATES."
APPROVING THE EXTENSION
ENSION OF THAT CERTAIN RIGHT-OF-ENTRY AND
INDEMNITY AGREEMENT WITH THE HERTZ CORPORATION."
APPROVING AND AUTHORIZING EXECUTION OF MANAGEMENT
AGREEMENT WITH TISHMAN WEST COMPANIES."
May 18, 1993
- 12 -
AUTHORIZING AMENDMENT OF THE LOCAL ASSISTANCE LOANS WITH
THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS AND
THE RECISION OF RESOLUTION NO. 26599."
APPROVING AND AUTHORIZING EXECUTION OF AMENDED
AGREEMENT WITH CITY OF ALAMEDA FOR CONTINUED OPERATION
OF FERRY SERVICE BETWEEN JACK LONDON SQUARE, THE CITY OF
ALAMEDA AND SAN FRANCISCO."
GRANTING WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION
PERMISSION TO PERFORM CERTAIN WORK."
FINDING AND DE I ERMINING THAT A PROPOSED AGREEMENT WITH
LIFI'ECH CONSULTANT, INC., FOR ENGINEERING DESIGN CONSULTING
SERVICES CONSTITUIES PROFESSIONAL OR SPECIALIZED SERVICES;
AND AUTHORIZING EXECUTION OF SAID AGREEMENT."
APPROVING ISSUANCE OF ADDENDUM NO. 1 FOR REPLACEMENT OF
FUEL DISPENSING FACILITY AT BERTH 23, OAKLAND, CALIFORNIA."
APPROVING JOB SPECIFICATION FOR THE POSI I ION OF PORT SAFETY
ADMINISTRATOR."
RATIFYING LEAVE OF ABSENCE TO RITA THOMAS, IN I ERMEDIA I E,
TYPIST CLERK"
REVISING AND RESTATING CERTAIN FINANCIAL MANAGEMENT
RESERVE POLICIES FOR THE PORT OF OAKLAND."
AUTHORIZING RENEWAL OF CAPA NON-AIRPORT EXCESS LIABILITY
INSURANCE AND EXCESS PUBLIC OFFICIAL ERROR AND OMISSIONS
COVERAGE."
May 18, 1993
- 13 -
AUTHORIZING RENEWAL OF AIRPORT LIABILITY INSURANCE."
AUTHORIZING PLACEMENT OF AIRPORT PUBLIC OFFICIALS ERRORS
AND OMISSIONS INSURANCE."
AUTHORIZING PLACEMENT OF CRANE AND PORT LIABILITY
INSURANCE."
AUTHORIZING RENEWAL OF AUTOMOBILE LIABILITY INSURANCE."
FINDING AND DETERMINING THAT CERTAIN MOTOR VEHICLES
OR PRIVATE SALE."
THE PORT TO PROCURE TWENTY-THREE MOTOR VEHICLES AND ONE
SPECIAL PURPOSE UNIT WITHOUT COMPETITIVE BIDDING;
AUTHORIZING THE PROCUREMENT OF FIFTEEN VEHICI FS AND TWO
LIGHT PICK-UP TRUCKS THROUGH STATE OF CALIFORNIA CONTRACTS;
AND AUTHORIZING THE PROCUREMENT OF THE REMAINING
VEHICI ES AND THE SPECIAL PURPOSE UNIT ON THE OPEN MARKET."
FINDING CERTAIN ACCOUNTS RECEIVABLE TO BE UNCOLLECTIBLE
AND AUTHORIZING THE DIRECTOR OF FINANCE TO WRIIE OFF SAME
FROM THE BOOKS OF THE PORT."
GRANTING DONGARY INVESTMENTS, U ., PERMISSION TO PERFORM
CERTAIN WORK."
GRANTING AVIS RENT-A-CAR SYSTEMS, INC., PERMISSION TO PERFORM
CERTAIN WORK."'
May 18, 1993
- 14 -
GRANTING SPAGHEIT 1 RESTAURANT, INC., PERMISSION TO PERFORM
CERTAIN WORK."
Port Ordinance NO. 3148 being, "AN ORDINANCE APPROVING AND
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AND THE GRANT
OF EASEMENTS TO EAST BAY MUNICIPAL UTILITY DISTRICT', and Port
Ordinance No. 3149 being, "AN ORDINANCE NO. 867 CREATING ONE ADDI1IONAL
POSI I ION OF CONTRACT COMPLIANCE OFFICER AND REPEALING SECTION
2 OF PORT ORDINANCE NO. 3147" were read a second time and passed by the following
vote:
Ayes:
Commissioners Furth, Kramer, Lob, Ortiz and
First Vice President Broussard - 5
Noes:
None
Absent:
Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION
9 OF PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF
FACIL1 I IES AT MEI ROPOLITAN OAKLAND INTERNATIONAL AIRPORT' and Port
Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE
NO. 867 TO CREA I E NEW SALARY SCHEDULE NO. 106.15 AND TO ASSIGN NEW
SALARY SCHEDULE NO. 106.15 TO THE POSITION OF EQUIPMENT SYSTEMS
SUPERINTENDENT, TO CREATE THE POSIIION OF POSIIION OF ASSISTANT TO
THE DIRECTOR OF HUMAN RESOURCES, TO CREATE ONE ADDITIONAL
POSITION OF EXECUTIVE SECRETARY AND TO ASSIGN THE POSH ION OF
PORT CLAIMS ADMINISTRATOR TO SALARY SCHEDULE NO. 271.88" were read
a first time and passed to print by the following vote:
May 18, 1993
- 15 -
Ayes:
Commissioners Furth, Kramer, Loh, Ortiz and
Noes:
None
Absent:
seconded.
May 18, 1993
- 16 -
EGULAR MEETING OF THE BOAart.D OF PORT COMMISSIONERS
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, June 1, 1993, at the hour of 4:31
p.m., in the office of the Board, second floor, 530 Water Street, Oakland, California, Vice
President Broussard presiding, appropriate notice having been given and posted. An
informal portion was held during the period 3:15 p.m. to 4:25 p.m., during which time the
Board received a report on the Port's Personnel Staffing Plan for fiscal year 1993-1994, the
Operating Budget for fiscal year 1993-1994, the Capital Improvement Program for fiscal year
1993-1994, and a review of the Procedure to Declare a Fiscal Surplus.
Kramer, Loh, Ortiz, Ward Allen and
Furth and President Lockhart - 2
Also present were the Deputy Executive Director; Port Attorney; Assistant Port
Attorney, Thomas Clark; Director of Aviation; Director of Commercial Real Estate;
Director of Human Resources; Director of Engineering; Director of Maritime Affairs;
Deputy Port Attorney, Patricia Heilbron; Chief Engineer; Senior Commercial
Representative; Port Environmental Manager; Director of Strategic and Policy Planning;
Director of Public Affairs; Director of Governmental Affairs; and Secretary of the Board.
The minutes of the regular meeting of January 19, 1993 and the regular meeting of
February 2, 1993 were approved as submitted and ordered filed.
at the conclusion of the open session for the purpose of discussing personnel matters as
provided for under Government Code Section 54957; and to instruct negotiators on price
and terms for occupancy of space at Matson Terminals, Outer Harbor area, as provided for
under Government Code Section 54956.8.
At the hour of 4:55 p.m., President Lockhart joined the meeting.
Award of Airport Security Guard Contract was the subject of a memo to the Board
from the Director of Aviation notifying the Board of the procedure to select a firm to
provide security guard services at the Airport. Four finalists were selected for consideration,
with the top ranked proposal, a joint venture between Argenbright West and American
Services Associates, requesting that their proposal be withdrawn. It was recommended that
the Executive Director be authorized to prepare a contract with ABC Security Services, Inc.,
of Oakland, for the provision of security guard services at the Airport for a term of two
years, commencing July 1„ 1993, at an estimated annual cost of $680,000.00. The
Supplemental Agreement, P & D Aviation, fir 2002 Airport Development Program
Board of the agreement with P & D Aviation for aviation planning services in support of
the "2002 Airport Development Program". The work performed by ]P & D will be
documented in a "Statement of Purpose of Needs" which will be incorporated into the
EIR/EIS. This document will provide the background and justification for the projects to
be evaluated in the requisite environmental assessments. The agreement authorizes
payment for consultant services at agreed billing rates for performing scope of work up to
a total maximum compensation of $114,600.00 with additional work in an amount not to
exceed $25,000.00, available at the discretion of the Executive Director. The consultant's
work is overseen by a steering committee comprised of Port staff managers and chaired by
the Director of Aviation. The committee has identified additional work and the Executive
Director has approved $24,940.00 in additional compensation. As the committee has
identified additional projects for the support of the environmental document, it was
recommended that the Board authorize a supplemental agreement to increase the scope of
work and increase the maximum compensation by $95,000.00, and an additional $25,000.00
June 1, 1993
2
Recommended Approval of New License and Concession Agreement - Precision
Aircraft & Repair was the subject of a memo to the Board from the Director of Aviation
recommending approval of a new agreement with Precision Aircraft & Repair for 686
square feet of office space, 11,089 square feet of hangar, 2,029 square feet of shop/storage,
19,784 square feet of apron and 2,280 square feet of paved parking space, all located in and
adjacent to Bay C of Building L-810, North Airport, at $5,252.63 per month, effective
June 1, 1993. The recommendation was approved on passage of Resolution No. 93238.
Recommended Approval of Lease Amendment - United States Postal Service was the
subject of a memo to the Board from the Director of Aviation notifying the Board that the
United States Postal Service currently occupies 8,000 square feet of warehouse/storage
space, 8,800 square feet of apron area and 4,800 square feet of paved parking area, all
located in and adjacent to Building L-812 at the North Airport, at $3,062.00 per month. The
Postal Service desires to extend the lease for twelve (12) months through December 31,
1993 at a new monthly rental of $3,215.84. It was recommended that the lease be amended
to provide for the extension of term and increase of rental. The recommendation was
Recommended Approval of New License and Concession A greement with Existing
Tenant - Louis B. Field and Joseph H. Fields H was the subject of a memo to the Board
from the Director of Aviation recommending approval to renew the agreement with Louis
B. Field and Joseph H. Field H, for 9,600 square feet of hangar, 4,862 square feet of
unpaved land, 35,090 square feet of apron and 2,041 square feet of parking lot, all located
in and adjacent to Building L-908, North Airport The recommendation was approved on
Recommended Approval of First Supplemental Agreement to License and Concession
Agreement - Budget Rent A Car Systems, Inc., was the subject of a memo to the Board from
the Director of Aviation notifying the Board that Budget Rent A Car Systems, Inc., occupies
86 parking spaces in the ready car lot at the South Airport. The present monthly rental is
June 1, 1993
3
$34.00 per parking space. Budget and the other rental car concessionaires are assigned a
number of parking spaces based on market share. It was recommended that the Board
authorize a First Supplemental Agreement to extend the term through July 31, 1993; change
Budget's assigned parking spaces from 86 to 74 based on their market share; and provide
an updated 'Toxic Materials" provision. The rent per parking space would remain at the
current $34.00 per space per month. The recommendation was approved on passage of
Airport Ground Transportation Rate Adjustments. was the subject of a memo to the
Board from the Director of Aviation notifying the Board that during the past two years, the
Airport has been in the process of developing the Airport's Ground Transportation Program.
Part of this program has involved the implementation of the Airport's Ground
Transportation Automatic Vehicle Identification System. The Automatic Vehicle
Identification (AVI) system became operational in October of 1992. The AVI system allows
the Airport to perform the following: monitor authorized commercial ground transportation
vehicles; reduce roadway congestion by tracking the amount of usage of Airport roadways;
automatically charge for vehicle access on Airport property; monitor and verify commercial
vehicle schedules and generate billing invoices and reports for the management of the
vehicles and roadways. In order to keep pace with the market, it was recommended that
the Board authorize an increase for the trip fees of shuttle and off-airport parking lot
ground transportation operators from fifty cents to one dollar, and hotel shuttles from
twenty-five cents to fifty cents. The increase in trip fees will allow the Airport to recover
some of the cost associated with the implementation and operations of the AVI system. As
part of the trip fee increase, the staff agreed with the carriers to increase the dwell time
from 15 minutes to 30 minutes and reduce the penalty fee for excessive dwell time. Under
the revised penalty fee structure the carriers would be charged twenty-five cents for each
additional minutes after 30 minutes with a cap of $52.50 per vehicle. After meeting with
the limousine operators it was agreed at this time not to include them in the AVI program.
June 1, 1993
4
Insteao Of charging them a trip fee the operators have agreed to an annual permit Tee of
$75.00 for each vehicle up to five vehicles and for companies that register more than five
vehicles an annual permit fee of $400.00 regardless as to the number of vehicles registered.
The rate adjustments were approved on passage of an ordinance to print.
Award of Contract, Restoration of Roof of Building L-105, North Airport was the
three bids received and recommending award of the contract to Guy's Roofing, Inc., the low
bidder at $29,949.00. The recommendation was approved on passage of Resolution No.
93242.
Recommended Adjustment to Passenger Use Fee for International Arrivals Facility
of the International Arrival Building fee which is intended to recover the costs associated
with the construction, maintenance and operation of the International Arrivals Building.
The fee was originally set at $11.00, based on the projected passenger activity in 1991 and
1992. The current increase in international passenger activity and future projections indicate
that International Arrivals Building costs will be recovered at a lower per passenger fee and
it was recommended that the Board lower the charge to $7.15 per passenger. The
recommendation was approved on passage of an ordinance to print.
RUI Two Corporation (Kincaid's Restaurant) - Proposed Third Supplemental
Agreement was the subject of a memo to the Board from the Director of Commercial Real
Estate notifying the Board that RUI Two Corporation, a subsidiary of Restaurants
Unlimited, Inc., is the current lessee and operator of Kincaid's Restaurants in Jack London
Square. The previous lessee, Oakland Seafood Grotto, Inc., assigned the lease to
Restaurants Unlimited, Inc., on February 9, 1990. The fifty-year lease term commenced
August 1, 1964 and terminates on July 31, 2014. Since the Grotto assignment, RUI has
spent in excess of $2 million dollars to renovate the 10,700 square foot restaurant building
in addition to the $2.50 million leasehold acquisition cost. As they have made major capital
June 1, 1993
5
expennitures, RUT has requested that the Port grant a 25-year option to extend their lease
term. It was recommended that the Board authorize the Third Supplemental Agreement
to the lease. The basic provisions will include a 25-year option to extend the lease term
which would then total 47 years, a minimum rent effective January 1, 1998, adjusted to equal
65% of the monthly average of the total minimum and percentage rent for the 24-month
period immediately preceding the adjustment date. The current minimum rent is $1,829.93
per month. Every five years after January 1, 1998, the minimum rent will be adjusted
according to the same formula. On January 1, 2000, the percentage rent will be increased
to 3.5% of gross sales. If the Lease Option is exercised the percentage rent would be
increased to 5.5% for the entire option period. Commencing January 1, 2002, the lessee will
expend a minimum of 1% of gross sales per year for renovations and the replacement of
capital items. The supplemental agreement would also contain the newest Port Standard
Clauses. The recommendation was approved on passage of an ordinance passed to print.
Recommende. A. Ir IVA Of New License and •nces ion eem - Hams n' Boa
Center. Inc., was the subject of a memo to the Board from the Director of Commercial Real
Estate recommending approval of a new agreement with Harrison's Boat Center, Inc., at
1363 Embarcadero, for 1.2 acre land & water area at $2,300.00 per month, effective June
1, 1993. The recommendation was approved on passage of Resolution No. 93243.
MOU with the City of Oakland f. r Street V. cation nd P rt Area Lin Chan e for
Caltrans Haul Road was the subject of a memo to the Board from the Director of
Commercial Real Estate notifying the Board that the Port has requested that the City of
Oakland approve the enlargement of the Port Area and vacation of portions of
Embarcadero, Market Street and Martin Luther King Jr., Way in connection with the
proposed Caltrans Haul Road. The City has requested the Port to enter into a
Memorandum of Understanding with the City requiring assurance of continued access for
Schnitzer Steel and other property owners, adjacent to the vacated streets. It was
June 1, 1993
6
recommended that the Board authorize execution of the Memorandum of Understanding.
Hiring of Baseline Environmental Consulting to Perform Preliminary Endangerment
Assessment at Lot 12 was the subject of a memo to the Board from the Director of
Engineering notifying the Board of proposed plans for a building to be located at Second
and Washington Streets (Lot 12). Lot 12 was formerly the location of a PG&E coal gas
manufacturing plant, and preliminary studies have shown that environmental contamination
exists at the site. The Depai linent of Toxic Substances Control (DTSC) has authority under
the Health and Safety Code to oversee remedial action work at sites contaminated with
hazardous substances. DTSC guidelines call for a Preliminary Endangerment Assessment
(PEA) as the first step in the site mitigation process. The PEA consists of an in-depth site
evaluation and preparation of a report in accordance with the DTSC guidelines. It was
recommended that the Board authorize entering into an agreement with Baseline
Environmental Consulting to perform a PEA for the Lot 12 site and to serve as the Port's
technical consultant in negotiations with the regulatory agencies and PG&E. The firm will
be compensated at agreed billing rates to a total maximum compensation of $50,000.00 with
certain additional work available at the discretion of the Executive Director. The
Amendment to Lease and Preferential Assignment Agreement with American
President Lines was the subject of a memo to the Board from the Director of Finance
notifying the Board of the Lease and Preferential Assignment Agreement with American
President Lines covering a portion of the American President Lines terminal (Berths 62 &
63). The rent currently payable by APL under the Agreement is equal to the debt service
on the Port's outstanding Certificates of Indebtedness together with certain administrative
payments and a guaranty fee to the Port. The Port has offered to refund the 1971
Certificates as part of the Port's proposed Refunding Revenue Bonds, 1993 Series F. APL
has agreed to participate in the refunding and receive 25% of the present value interest
June 1, 1993
7
savings from the refunding upfront. APL will continue to remit the same lease payments
and the administrative payments to the Port but the guaranty fee associated with 1971
Certificate will be eliminated as a result of the refunding. APL will submit the lease
payments in two installments on April 1 and October 1 of each year under the new
arrangement. The Port will receive additional rental payments of about $250,000.00
annually above the debt service. It was recommended that the Board approve an
amendment to the Lease and Preferential Assignment Agreement with American President
Lines providing for the changes. The recommendation was approved on passage of
Secondary Use Request of American President Lines for Orient Overseas Container
Line to Use APL Terminal was the subject of a memo to the Board from the Director of
Maritime Activities notifying the Board that American President Lines has requested that
the Port approve Orient Overseas Container Line as a secondary user of APL's facility
under the requirements of the Preferential Assignment Agreements between the Port and
APL. APL and OOCL operate under a Reciprocal Slot Exchange and Coordinated Sailing
Agreement which calls for ship-sharing and coordinated sailings in the West Coast-Asia
trades. This joint service includes three vessel deployments which call Oakland. Oakland
is the first inbound port of call on the vessel deployment connecting California with Hong
Kong and Southeast Asia. OOCL has committed to use the APL facility as its regularly
published Northern California port of call for a five year period. The Port will receive 40%
of the dockage, wharfage, wharfage demurrage and storage tariff rates. It was recommended
that the Board approve the request. The recommendation was approved on passage of
Amendments to Port of Oakland Tariff 2-A was the subject of a memo to the Board
from the Director of Maritime Affairs recommending approval to make certain
modifications to the Port's tariff. The modifications included a tiered daily storage rate
structure for non-containerized cargo with the lowest rates in the tier assessed for the first
June 1, 1993
8
15 calendar days. The second level of rates win be assessed for each of the next 30 calendar
days and the highest rates in the tier will be assessed beyond the first 45 days; a clarification
to ensure that the assembly time provisions apply only for non-containerized cargo, (Item
08135); and a clarification in Item No. 08165 for storage under Strike Conditions. The
recommendation was approved on an ordinance passed to print.
Award of Contract. Removal of Inactive Unclereround Petroleum Storage Tanks was
of the seven bids received for removal of four underground storage tanks, Outer Harbor,
Seventh Street, and recommending award of the contract to P.T.S. Environmental Service,
the low proper bidder at $136,858.00. The recommendation was approved on passage of
Plans and Specifications, Paving of One Acre Site Adjacent to Building C-401, 2277
Seventh Street was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the improvements to
the site. The project is categorically exempt and does not require the preparation of an
environmental document. The recommendation was approved on passage of Resolution No.
93248.
Resources recommended the appointment of Ivan Taylor, as Plumber, effective June 2,
1993, at $3,946.00 per month; Angie Zigenis, as Executive Secretary, effective June 2, 1993,
at $3,400.00 per month; Mukesh Bhatia, as Information Services Technician, effective June
14, 1993, at $3,050.00 per month; Sophia Li, Legal Secretary II, effective July 1, 1993, at
$2,696.00 per month; Elbert Hayes, as Relief Airport Custodian, effective June 2, 1993, at
$9.96 per hour; Stevens Jackson, as Relief Airport Custodian, effective June 2, 1993, $9.96
per hour; Zalazar Socorro, as Relief Airport Custodian, effective June 2, 1993, $9.96 per
hour; Samuel Tapia, Relief Airport Custodian, effective June 2, 1993, at $9.96 per hour; and
Leonard Dew, as Youth Aide, Class "D", June 2, 1993, at $4.25 per hour. Also
June 1, 1993
9
recommended was the creation of 11 new salary schedules as recommend by the Betty
Mertens salary survey and/or the establishment of parity for certain classifications;
assignment of new salary schedule for the positions of Junior Port Planner, Junior Port
Environmental Scientist, Junior Port Strategic Planner, and Junior Port Transportation
Planner to Salary Schedule 226; the Assistant Port Strategic Planner to Salary Schedule
240.03; Port Claims Analyst and Port Insurance Analyst to Salary Schedule 245.43;
Personnel Technician to Salary Schedule 216.93; Airport Technical Communications
Supervisor to Salary Schedule 221.81; Port Reprographics Supervisor to Salary Schedule
224.65; Port Auditor II to Salary Schedule 233.6; Port Grants Coordinator to Salary
Schedule 238.76; Assistant Port Environmental Planner, Assistant Port Environmental
Scientist, and Assistant Port Transportation Planner to Salary Schedule 240.03; Port
Employment Resources Coordinator to Salary Schedule 242.77; Contract Compliance Officer
to Salary Schedule 243.49; Port Senior Auditor to Salary Schedule 250.31; Associate Port
Environmental Planner, Associate Port Environmental Scientist, and Associate Port
Transportation Planner to Salary Schedule 254.32; Principal Electrical-Mechanical
Technician to Salary Schedule 258.28; Port Planning Supervisor to Salary Schedule 268.37;
and Port Environmental Assessment Supervisor to Salary Schedule 271.17. Further
recommended was the creation of one new position of "Commercial Representative
the creation of two additional positions of "Associate Port Strategic Planner"; and salary
adjustments for classifications represented by Local 790 and Western Council of Engineers
and the unrepresented groups "D" and "E" by four percent (4%) effective July 3, 1993.
Additionally recommended 'was the salary increase for Mr. Eddie Lee, Equipment Systems
Superintendent, to step "c", $5,455.00 per month, effective October 1, 1993, as the
incumbent's classification is now represented by MEW and has just converted from salary
grade to salary steps; examination announcement for the position of "Airport Operations
Supervisor"; and a leave of absence for Connie K Ng, from her formal Civil Service position
of "Assistant Contract Compliance Officer" to accept the exempt position of "Contract
June 1, 1993
- 10 -
Compliance Officer". The recommendations were approved on passage of Resolution No.
93250 for appointments; Resolution No. 93251 for Civil Service exemption; Resolution No.
93252 for Lee salary assignment; Resolution No. 93253 for examination announcement;
Resolution No. 93254 for leave of absence; and on an ordinance passed to print for Salary
Schedules, assignment and creation of positions
The Board's agenda contained an appeal from suspension as requested by Mr.
Alfonso Loera, Airport Serviceman, for failure to perform his duties as directed. At the
request and motion by Commissioner Kramer, seconded and passed unanimously, the item
was continued for one meeting.
Approval of the Issuance of Port of Oakland Refunding Revenue Bonds. 1993 Series
F and Certain Related Actions, and Amendment to Master Trust Indenture was the subject
of a memo to the Board from the Director of Finance recommending approval to issue the
refunding bonds. The Port would issue the proposed Bonds to refund the outstanding
principal amount of the Board's Port of Oakland 1957 Revenue Bonds, Series G, Series K,
Series L, Series N and Series P (the "1957 Bonds"); the Board's Port of Oakland Revenue
Bonds, 1989 Series C (the "1989 Series C Bonds"); and the Board's 1971 Certificates of
Indebtedness (the "1971 Certificates"). In addition, the Port would use Bond proceeds, along
with available debt service reserve monies and bond fund monies freed up by refunding the
1957 Bonds and the 1971 Certificates, to fund any debt service requirements and to pay the
costs of issuing the Bonds. As part of this proposed financing plan, the Port would
concurrently pay off the Board's Port of Oakland 1957 Revenue Bonds, Series F and Series
H, which has relatively small amounts of principal outstanding. The Port would also pay
American President Lines 25% upfront of the net present value savings realized from
refunding the 1971 Certificates. By issuing the bonds, the Port will realize present value
savings, lower debt service payments and increased debt capacity. The goals of the
refunding include savings achieved to be at least 3.50% of the refunding bonds; the principal
amount of the Bonds does not exceed $85 millions; the true interest cost does not exceed
June 1, 1993
- 11 -
6.50%; Ihe costs of issuance does not exceed 1.50% of the principal amount of the ...ionds;
and the underwriters' discount does not exceed 1.0% of the principal amount of the Bonds.
Included in the recommendation was approval of the Preliminary Official Statement and the
final Official Statement in substantially final form and authorize the underwriters to
distribute these documents. The Board will also enter into the Seventh Supplemental Trust
Indenture, that will amend the Master Trust Indenture dated April 1, 1989; three Escrow
Agreements; a Tax Regulatory Agreement; and a Bond Purchase Agreement with the
underwriters. It was also recommended that the Board appoint Bank of America NT&SA
as the bond trustee. In addition, it is proposed that the Board amend the Master Trust
Indenture to require the Trustee to transfer unclaimed monies after one year rather than
two years to the Port in order to reflect a change in State law. This amendment would be
included in the Seventh Supplemental Trust Indenture. Further, it was recommended that
the Board authorize the Executive Director and the Director of Finance to jointly approve
the final terms of the sale of the Bonds and to approve the final purchase price of the
escrow securities. If the preliminary financing schedule holds, Port staff anticipates
providing the Board with a report on the final issue size and true interest at the June 15,
1993 Board meeting. The recommendation was approved on passage of Resolution No.
93257.
Declaration of Surplus for Fiscal Year 92-93 Payment to the City of Oakland was
the subject of a memo to the Board from the Deputy Executive Director notifying the Board
that a review of the Port's year-end financial condition, cash position and the future
commitments is required in order for the Board to consider making a determination that
there is a surplus at this time of $7.625 million in the Port Revenue Fund. Such a surplus
would be sufficient to reimburse the City for interest on general obligation bonds benefitting
the Port, in the amount of $5 2 million as well as General Services payments of $325
million, $.350 million and $.375 million for fiscal years ending June 30, 1991, 1992 and 1993
respectively and reimbursement for net City expenditures of local funds for Lake Merritt
June 1, 1993
- 12 -
trust purposes up to $1.375 million. These amounts have been developed as a result of
discussions among the President of the Board, the Mayor, the Executive Director and other
members of the Port and City staff. In order to determine if there is a surplus, the Board
should consider whether the Port's anticipated cash position at the end of FY 1992-93,
together with the cash flow forecasts and projected net income for FY 1993-94, will provide
sufficient funds to support the Port's operating budget for FY 1993-94 and Capital
Improvement Program and for any other Port purposes stated in purposes First through
Eighth of Section 717(3) of the Charter of the City of Oakland. These Port purposes
include insuring payment of Port bond debt service, additions to Port reserves for operating
contingencies and providing for equity investment in future capital projects. Under purpose
Ninth, Section 717(3) of the Charter, the surplus moneys determined by the Board to exist
are to be transferred to the General Fund of the City. The $5 2 million of said transfer
would discharge a portion of the $21.3 million remaining obligation recognized in the Sixth
Supplemental Agreement to the Port's Memorandum of Understanding with the City of
Oakland, for reimbursement of interest paid on general obligation bonds issued by the City
on behalf of the Port. After this payment, the Port will have a remaining obligation of $16.1
million in interest to be paid back to the City in future years. The Port and City staffs have
met several times over the past months in an effort to reach agreement on a new calculation
methodology for General Services payments. Under the proposed calculation methodology,
only City-owned lands in the Port area that are unleased and developable will be used to
calculate General Services payments. General Service police costs are based on a
geographical area proration of total police costs to these City-owned lands. General
Services fire costs are based on proration of the cost of each fire station serving the Port
area according to the portion of the station's primary response area that is composed of
unleased developable City-owned lands (excluding the secure area of the Airport) in the
Port area. A final agreement on General Services payments is being drafted to incorporate
the staffs' agreements, and will be provided to the Board for approval. Lake Merritt and
June 1, 1993
- 13 -
portions of the city park adjacent to it apparently are tidelands granted in trust to the City
of Oakland. These tideland trust properties are not in the Port area and are under the
jurisdiction of the City Council. To the extent that there are net City expenditures of local
funds for Lake Merritt trust purposes, surplus in the Port Revenue Fund may be transferred
to the City to reimburse the City for these expenditures. It was emphasized that both
General Services payments and Lake Merritt expenditure reimbursements, like interest
payments, are only payable if and to the extent the Board of Port Commissioners declares
there are surplus monies in the Port Revenue Fund that are not necessary for Port purposes
at the end of the fiscal year. Also, all transfers from the Port Revenue Fund to the City's
General Fund must be in compliance with applicable State constitutional and trust law and
applicable federal law regarding the Airport to the extent Airport revenues are involved.
The $7.625 million will be transferred to the City without regard to the ultimate allocation
of that amount among interest, General Services and Lake Merritt. Initially, the $7.625
million would be allocated among the three categories as stated on the assumption that the
State Lands Commission will approve the General Services methodology, and on the
assumption that the city will delineate the Lake Merritt trust boundaries and establish that
the City made at least $1375 million in FY 92-93 net City expenditures of local funds for
Lake Merritt trust purposes. In the event that for the General Services category or the Lake
Merritt category the necessary condition (i.e., State Lands Commission's approval or City's
delineation of Lake Merritt trust boundaries and establishment of net City expenditures of
local funds for Lake Merritt trust purposes) is not satisfied by the last installment payment
date of October 31, 1993, then the portion of the $7.625 million initially allocated to the
relevant category would be allocated to the extent necessary to further reducing the Port's
future interest obligation to the City. In any event, the Port will transfer the entire $7.625
million to the City by October 31, 1993 with the understanding that if the condition for
allocation to a particular category is not satisfied until after October 31, 1993, the Port
would pay the amount allocated to that category when the Port next has surplus available
June 1, 1993
- 14 -
in a subsequent fiscal year to pay that amount. It was recommended that the Board
determine that there is a surplus in the amount of $7.625 million in the Port Revenue Fund
which is not currently necessary for any of the purposes stated in clauses First through
Eighth of Section 717(3) of the Charter, and it was recommended that the Board pass a
resolution to that effect and authorize the transfer of the $7.625 million surplus to the
General Fund of the City as payment for the interest on previous debt service paid by the
City on general obligation bonds that benefitted the Port as noted in the Sixth Supplemental
Agreement to the Memorandum of Understanding with the City of Oakland, General
Services and reimbursement for Lake Merritt trust purpose expenditures. The transfer of
surplus will be made in three equal installments on or before July 1, 1993, August 30, 1993
and October 31, 1993. The recommendation was approved on passage of Resolution No.
93258.
Supplement to the Contract with Richard Sinnott was the subject of a memo to the
Board from the Director of Governmental Affairs notifying the Board that the Port's current
contract with Richard L. Sinnott & Co., for governmental advocacy services runs from
November 1, 1992 through October 31, 1993. This contract currently provides for up to
$20,000.00 in expenses. As the Port has requested additional activity and expenditures
related to the dredging and other Port issues, it was recommended that the Board authorize
an issuance of an additional $16,000.00 in expenses. The recommendation was approved
40-Hour Hazardous Operator Safety Training was the subject of a memo to the
Board from the Deputy Executive Director notifying the Board that Port Hazardous
Response Personnel are required to receive 40 hours of Federal certified hazardous
response training. The Port hazardous response category of employees are: Aircraft fire
and rescue employees, environmental scientist, maintenance and facilities supervisory
personnel for the itemized category of employees. A total of 67 employees will require
hazardous response training. The Port solicited proposals for the training and it was
June 1, 1993
- 15 -
recommended that the Board authorize a contract with the National Safety Council to
provide a 40 hour hazardous operator training class at a cost not to exceed $50,000.00. The
training will be conducted in June and July. The recommendation was approved on passage
Recommendation to Approve Procurement of Certain Minority, Women and
Disadvantaged Business Enterprise Computerized Application Program(s) from the City
and County of San Francisco was the subject of a letter to the Board from the Port
Attorney notifying the Board of the City of Richmond v. Croson Supreme Court ruling and
that the City and Port undertook a cooperative study effort to ascertain the utilization of
MBEs and WBEs in the contracting opportunities of each of the respective agencies. Due
to cost considerations, contracting for the study was delayed. During the intervening period,
the Port has continued to track minority and women utilization as contractors and
subcontractors and a comprehensive disparity study is still indicated. It was recommended
that the Board authorize a procurement of programming services from the City and County
of San Francisco at a cost of approximately $30,000.00. The City Attorney has indicated the
City's willingness to share the costs of this phase when the counsel approves of the Study,
hence the Port would be reimbursed approximately one-half of these costs. The
vote:
Ayes:
Noes:
None
Absent:
FINDING AND DE ERMINING THAT A PROPOSED AGREEMENT WITH
ABC SECURITY SERVICES FOR AIRPORT SECURITY GUARD SERVICES
June 1, 1993
- 16 -
"RESuLUTION NO. 93237
FINDING AND DE i ERMINING THAT A PROPOSED FIRST SUPPI EMENTAL
AGREEMENT WITH P & D AVIATION FOR AIRPORT PLANNING
CONSULTING SERVICES; AND AUTHORIZING EXECUTION OF SAID
FIRST SUPPI EMENTAL AGREEMENT."
AND CONCESSION AGREEMENT WITH PRECISION AIRCRAFT & REPAIR."
APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO
T EASE WITH THE UNITED STATES POSTAL SERVICE."
AND CONCESSION AGREEMENT WITH LOUIS B. FIELDS AND JOSEPH H.
FIELDS, IL"
SUPPI EMENTAL AGREEMENT WITH BUDGET RENT A CAR SYS'IEMS,
INC."
AWARDING CONTRACT TO GUY'S ROOFING, INC., FOR RESTORATION
OF ROOF OF BUILDING L-105, NORTH FIELD METROPOLITAN OAKLAND
INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE
AMOUNT OF BONDS TO BE PROVIDED IN CONNEL I ION THEREWITH;
REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS
TO BIDDERS."
AND CONCESSION AGREEMENT WITH HARRISON'S BOAT CENTER, INC."
APPROVING AND AUTHORIZING EXECUTION OF MEMORANDUM OF
UNDERSTANDING WITH CITY OF OAKLAND (ENLARGEMENT OF PORT
AREA AND STREET VACATION FOR EMBARCADERO EXTENSION HAUL
ROAD."
June 1, 1993
- 17 -
“RESOL,UTION NO. 93245
FINDING AND DE ERMINING THAT A PROPOSED AGREEMENT WITH
NORDHAV, INC., DOING BUSINESS AS BASELINE ENVIRONMENTAL
CONSULTING FOR ENVIRONMENTAL CONSTITUTES PROFESSIONAL OR
AGREEMENT.”
CONSENTING TO DESIGNATION OF SECONDARY USE BY AMERICAN
PRESIDENT LINES, LTD., TO ORIENT OVERSEAS CONTAINER LINES, INC.,
AND APPROVING AMERICAN PRESIDENT LINES, LTD., USE AGREEMENT
WITH ORIENT OVERSEAS CONTAINER LINES, INC."
AWARDING CONTRACT TO PLACER ENERGY SYS1 EMS, INC., DBA P.T.S.
ENVIRONMENTAL SERVICES, FOR REMOVAL OF INACTIVE
UNDERGROUND PETROLEUM STORAGE TANKS CF-17, CF-18, CF-19, AND
CF-20 ADJACENT TO BUILDING C-401, 2277 SEVENTH STREET, OAKLAND,
CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN
CONNECI ION THEREWITH; REJECTING ALL OTHER BIDS; AND
APPROVING PLANS AND SPECIFICATIONS FOR PAVING OF ONE ACRE
Si! E ADJACENT TO BUILDING C-401, 2277 SEVENTH STREET, OAKLAND,
AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT WITH
AMERICAN PRESIDENT LINES, LTD.
REQUESTING THE CITY COUNCIL TO RECOMMEND TO THE CIVIL
SERVICE BOARD THE EXEMPTION FROM THE COMPETITIVE CIVIL
SERVICE OF THE POSITION OF ASSISTANT TO THE DIRECTOR OF
HUMAN RESOURCES UNDER THE JURISDICTION OF THE BOARD OF
PORT COMMISSIONERS AND REQUESTING THE CIVIL SERVICE BOARD
TO EXEMPT THE SAID POSITION FROM THE COMPETITIVE CIVIL
SERVICE UPON THE RECOMMENDATION OF THE CITY COUNCIL"
June 1, 1993
- 18 -
ASSIGNING EDDIE I FE AND FINDING HIM TO BE ENTITLED TO A
CERTAIN RAM; WITHIN SALARY SCHEDULE NO. 106.15, FIXED BY PORT
ORDINANCE NO. 867."
APPROVING EXAMINATION ANNOUNCEMENT FOR THE POSITION OF
AIRPORT OPERATIONS SUPERVISOR."
RATIFYING GRANTING I PAVE OF ABSENCE TO CONNIE K NG."
AUTHORIZING THE ISSUANCE OF PORT OF OAKLAND REFUNDING
REVENUE BONDS 1993 SERIES F IN THE APPROXIMATE AMOUNT OF
$85,000,000.00 AND CERTAIN OTHER ACTIONS."
PROVIDING FOR THE REIMBURSEMENT OF INTEREST ON PREVIOUS
DEBT SERVICE PAID BY THE CITY OF OAKLAND ON CITY OF OAKLAND
GENERAL OBLIGATION BONDS, FOR THE PAYMENT OF GENERAL
SERVICES AND FOR THE REIMBURSEMENT OF CERTAIN CITY
EXPENDITURES FOR LAKE MERRITT TIDELAND TRUST PURPOSES, AND
MAKING CERTAIN DETERMINATIONS IN CONNECTION THEREWITH."
FINDING AND DETERMINING THAT A PROPOSED FIRST SUPPT EMENTAL
AGREEMENT WITH RICHARD L SINNOTT & CO., FOR REPRESENTATION
OF THE PORT OF OAKLAND BEFORE THE FEDERAL GOVERNMENT
AUTHORIZING EXECUTION OF SAID FIRST SUPPT .EMENTAL
AGREEMENT."
NATIONAL SAFETY COUNCIL FOR SAFETY TRAINING CONSULTING
SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES;
AND AUTHORIZING EXECUTION OF SAID AGREEMENT„"
June 1, 1993
- 19 -
OF E:CUTIVE SECRETARY AND TO ASSIGN THE POSITION OF PORT CLmIMS
ADMINISTRATOR TO SALARY NO. 271.88" was read a second time and passed by the
following vote:
Ayes:
Commissioners Broussard, Kramer, Loh, Ward Allen and
Noes:
None
Abstained:
Absent:
Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 12
OF PORT ORDINANCE NO. 1149 RELATING TO FEES AND CHARGES FOR OFF
AIRPORT FACILITIES AND GROUND TRANSPORTATION OPERATORS"; and Port
Ordinance No. being, "AN ORDINANCE AMENDING SEC 110 N 10.2 OF PORT
ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF FACILITIES AT
METROPOLITAN OAKLAND INTERNATIONAL AIRPORT', and Port Ordinance
No.
being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833
RELATING TO WHARF DEMURRAGE RULES AND RATES AND WHARF
STORAGE - RULES AND RA I ES"; and Port Ordinance No.
being, "AN
ORDINANCE ADDING SECTION 1336 TO PORT ORDINANCE NO. 867 FIXING
THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE PORT
DEPARTMENT'; and Port Ordinance No. being, "AN ORDINANCE AMENDING
PORT ORDINANCE NO. 867 TO CREATE NEW SALARY SCHEDULES, TO ASSIGN
IONS, TO CREATEh THE NEW
SALARY SCHEDULES TO CERTAIN POSH
POSITION OF COMMERCIAL REPRESENTATIVE Ell-B AND TO CREATE TWO
ADDITIONAL POSITIONS OF ASSOCIATE PORT STRATEGIC PLANNER" were read
a first time and passed to print by the following vote:
June 1, 1993
- 21 -
Ayes:
Commissioners Broussard, Kramer, Lob, Ward Allen
Noes:
None
Absent:
AUTHORIZING EXECU110N OF AN AMENDMENT TO TEASE WITH RUT ONE
CORPORATION AND DIRECTING RECORDATION THEREOF was read a first time
Ayes:
Commissioners Broussard, Loh, Ortiz, Ward Allen and
Noes:
None
Abstained: Commissioner Kramer - 1
Absent:
announced by Vice President Broussard, and reconvened in open session at the hour of 6:00
p.rn,. at which time the meeting was adjourned on a motion duly made and seconded.
June 1, 1993
- 22 -
OF THE
CITY OF OAKLAND
The regular meeting scheduled for Tuesday, June 15, 1993, at the hour of 3:00 p.m.,
was adjourned by the Secretary of the Board due to the absence of all the members of the
Board, to Monday, June 21, 1993, at the hour of 4:00 p.m., in the office of the Board.
The meeting was reconvened on Monday, June 21, 1993, at the hour of 4:12 p.m., in
the office of the Board, second floor, 530 Water. Street, Oakland, California, President
Lockhart presiding, appropriate notice having been given and posted.
Commissioners present: Broussard, Kramer, Loh, Ortiz, Ward Allen and
Commissioners absent: None
Also present were the Executive Director; Deputy Executive Director; Assistant Port
Attorneys, John Nolan and Thomas Clark; Director of Aviation; Director of Commercial
Real Estate, Director of Engineering; Chief Engineer; Director of Human Resources,
Director of Strategic and Policy Planning; Director of Equal Opportunity; Director of Public
Affairs; and Secretary of the Board.
President Lockhart informed the Board of the untimely passing of fellow
Commissioner Alan Furth and noted that the appropriate respect would be paid to his
memory.
The minutes of the regular meeting of February 16, 1993 and the regular meeting of
March 2, 1993 were approved as submitted and ordered filed.
conclusion of the open session for the purpose of discussing personnel matters as provided
infouned the Board that the committee had met and reviewed their current agenda.
Consent to Assignment of Pape Properties Lease and Approval of Supplements to
Leases with Pape Properties and KaiserAir was the subject of a memo to the Board from
the Director of Aviation notifying the Board that Pape Properties, Inc., has a lease covering
the Executive Terminal, Hangar 5 and primary fueling rights at the North Airport. The
Lease expires in 2011 and provides a minimum rental of $27,080.43 per month plus a
flowage fee from aviation fuel sales. The entire leased premises are operated Flightcraft,
Inc., an aircraft sales and service fixed base operator, under a Port-approved sublease from
Pape, its sister company. Pape also has an interest as sublessor in a sublease covering a
portion of the premises with Earhart Associates as sublessee and has an interest as a tenant
in an industrial net lease covering a portion of the premises with Earhart Associates as
lessor. Pape has requested Port consent to the assignment of the Lease, the Earhart
sublease and the net lease to KaiserAir, Inc. Pape and KaiserAir have both requested and
the assignment is conditioned upon Port approval of the following: a reduction of fuel
flowage fee to 150 per gallon; simplification of the percentage rental on lessee's revenues
from landing fees, ground handling, catering, vending machines, car rentals, etc.; approval
of a lease at $1.00 per year on an acceptable site at the west-end to construct and operate
a self-service fuel station for light aircraft; elimination of a portion of parcel #3A and all
of parcel #3B from the Port's lease with KaiserAir, Inc.; and the release of Pape from any
further liability under the Lease. KaiserAir is a fixed base operator at North Airport
providing aircraft maintenance, fueling, ground service and charter services. It occupies
multiple buildings, hangars and apron areas under a secondary fueling lease and several
license agreements at a present monthly rental of $36,032.00. In addition, for calendar year
1992, it paid the Port flowage fees of $392,043.00. It was recommended that the Board
June 21, 1993
-2-
consent to the assignment of the described Lease, Earhart sublease and net lease to
KaiserAir, Inc., conditioned upon KaiserAir Inc., expressly assuming all the obligations of
the Lease after the assignment but not before the assignment; and Pape Properties, Inc.,
being released from any obligation or liability arising under the Lease after the assignment
but not before the assignment. It was further recommended that the Board authorize and
approve execution of supplements to the leases with the Pape Properties, Inc., and
KaiserAir, Inc., which would change the percentage in the flowage fee formula to 19% of
the gross margin effective July 1, 1993; fix the minimum cents per gallon fee at 150 per
gallon for the leases' duration; and approve execution of a supplement to the Lease with
KaiserAir, Inc., which would remove a portion of parcel 3A and all of parcel 3B with an
appropriate rent reduction of approximately $469.50 per month. Additionally recommended
was the approval in concept to lease to KaiserAir, Inc., for $1.00 per year a ground area of
approximately 19,500 square feet to be later identified and mutually approved at North
Airport's west end for the construction and operation of a self-service fuel station for light
aircraft and simplification of the percentage rental for the fuel flowage fee. The
recommendation was approved on passage of Resolution No. 93267 for assignment of the
lease, Resolution No. 93268 for Seventh Supplemental Agreement with Pape, Resolution
No. 93269 for Third Supplemental Agreement, and on a motion by Commissioner
Broussard, seconded and passed unanimously for the proposed self-service fueling lease.
Contract for Consultant to Provide Organizational Development and Human
Resources Services to Aviation Division, South Airport was the subject of a memo to the
Board from the Director of Aviation recommending approval to enter into a contract with
the fiini to provide organizational development services to the Port's Aviation Division. At
the request of Commissioner Ortiz, the item was held over for further information on the
project.
Recommended Approval of Amendment to Airport Parking Lot Contract with West
Coast Parking Associates was the subject of a memo to the Board from the Director of
June 21, 1993
-3-
Aviation notifying the Board that the Airport parking lot is managed by West Coast Parking
Associates on a management fee plus costs basis under terms of a contract which became
effective October 1, 1991. 'The operator has presented a bill for $52,000.00 to cover the cost
of liability insurance in the parking lot for a one-year period ending September 30, 1993.
The policy has a $25,000.00 deductible which is self-insured by the operator and gives the
Port first dollar coverage on any occurrence in the parking lot. A review of the proposal
shows that it is highly competitive and it was recommended that the Board authorize the
Executive Director to execute a Second Supplemental Agreement providing for the funding
of this self-insured liability coverage. The recommendation was approved on passage of
Recommended Appl.oval of Agreement to Renew License and Concession Agreements
for the Term of One Year or Less - Budget Rent A Car Systems, Inc., Robert F. Brown and
Smarte Carte, Inc., was the subject of a memo to the Board from the Director of Aviation
recommending approval to renew the agreement with Budget Rent A Car Systems, Inc., for
10,850 square feet of unimproved land adjacent to Building L-160 at 10019 Doolittle Drive,
at $701.19 per month, effective April 1, 1993; Robert F. Brown, for 461 acres of land located
in American Canyon, at $647.54 per year, effective June 1, 1992; and with Smarte Carte,
Inc., for 45 square feet of storage space in Building M-130, at $188.37 per month, effective
Recommended Approval of New License and Concession Agreement with Existing
Tenant - Emily Kim Kucer, dba Kimair Company was the subject of a memo to the Board
from the Director of Aviation recommending approval of a new agreement with Emily Kim
Kucer, dba Kimair Company, for 12,379 square feet of warehouse space located in Building
L-721, North Airport, at $2,914.85 per month, effective June 1, 1993. The recommendation
Recommended Approval of New Lease - United States Postal Service was the subject
of a memo to the Board from the Director of Aviation notifying the Board that the United
June 21, 1993
-4-
States Postal Service currently occupies approximately 30,000 square feet of space within
Building L-812 on the North Airport for air mail sorting purposes. To accommodate
increased air mail requirements, the Postal Service requires an additional 10,000 square feet
of warehouse/office space, 2,700 square feet of parking area and 5,000 square feet of apron
area located in and adjacent to Building L-812, and it was recommended that the Board
authorize a six-month lease at $4,443.50 per month. The recommendation was approved on
Award of Contract to Furnish and Deliver Two New Airport Rescue and Fire
Fighting Vehicle was the subject of a memo to the Board from the Director of Engineering
notifying the Board of the three bids received and recommending award of the contract to
Oshkosh Truck Corporation, the low bidder at $783,387.00. The recommendation was
Plans and Specifications. Modification of L-107 Office Space, Oakland Airport was
the subject of a memo to the Board from the Director of Engineering recommending their
approval and authority to advertise for bids for the interior improvements to be used as
offices for th Airport Properties Department. The project is categorically exempt and does
not require the preparation of an environmental document. The recommendation was
Plans and Specifications, Construction of Airfield Signage, Oakland Airport was the
subject of a memo to the Board from the Director of Engineering recommending their
approval and authority to advertise for bids for the installation of signs at the North and
South Airports in accordance with the signage plan approved by the FAA on September 29,
1992 pursuant to their new signage mandate. The FAA requires that all the signs be
completed by January 1, 1994. The total number of new runway and taxiway lighted signs
is 139, including six noise abatement signs to be installed in the North Airport. The project
is categorically exempt and does not require the preparation of an environmental document.
The recommendation was approved on passage of Resolution No. 93276,.
June 21, 1993
-5
Plans and Specifications - Removal, Disposal and Replacement of PCB
Contaminated Concrete Floor, Building L-741, North Airport was the subject of a memo
to the Board from the Director of Engineering recommending their approval and authority
to advertise for bids for the removal and disposal of asbestos floor tiles and PCBcontaminated concrete floor; and replacing the floor with new portland cement concrete and
asphalt concrete. The project is categorically exempt and does not require the preparation
of an environmental document. The building is a quonset hut currently used by the Airport
Facilities Department to store miscellaneous supplies and equipment. The recommendation
Approval for Submittal of AIP-15 Application to the Federal Aviation Administration
was the subject of a memo to the Board from the Director of Engineering recommending
approval to submit to the FAA a grant application in the amount of $3,026,436.00 for
Earhart Road Improvements. The total estimated cost of the Earhart Road Improvements
project is $13,132,000.00. 'The balance of the FAA share is proposed to be funded under
an amendment to a previously approved AIP grant (AIP-12) and through future FAA
programs The recommendation was approved on passage of Resolution No. 93278.
Agreement to Provide Architectural Services for Gate 26A. Terminal II, South
Airport was the subject of a memo to the Board from the Director of Engineering notifying
the Board that under a contract executed in 1988, The Ratcliff Architects (11(A) provided
the Port with a variety of architectural and engineering services with regard to Terminal II
at the Airport. Previously, IRA was directed to design Gate 26A improvements under a
1990 supplemental agreement to their 1988 contract. Before the design of Gate 26A was
completed, USAir discontinued its services out of Oakland and the vacated USAir gates
were made available to Southwest, thus eliminating the need to construct Gate 26A at that
The Port suspended the project and the original contract with IRA was allowed to
expire. Southwest has recently requested that the Gate 26A project be constructed now to
allow for their increased business activity. It was recommended that the Board approve the
June 21, 1993
-6-
preparation and execution of an agreement with The Ratcliff Architects to complete the bid
documents for the Gate. TRA will be paid at agreed hourly rates for the time actually spent
on the work, up to a maximum payment of $68,000.00 with certain additional work available
Authorization to Execute an Agreement with PG&E for Relocation of Their Facilities
at AMTRAK Station Site 'was the subject of a memo to the Board from the Director of
Engineering notifying the ]3oard that the construction of the AMTRAK Station facility at
Alice Street between Second and Embarcadero Streets requires the relocation of certain
utilities by the utility companies. Pacific Gas and Electric Company, one of the two affected
utility companies, has prepared an agreement for relocating their aerial facilities. The
relocation work includes the removal of their existing aerial electric lines and utility poles
along Second Street between Alice and Harrison Streets and installing new replacement
lines in an underground duct system on Second Street. lt was recommended that the Board
grant authority to the Executive Director to execute an agreement with PG&E for the
relocation of their facilities at an estimated cost of $43,854.00. The recommendation was
Approval of Change Orders for the Construction of Berth 30 Wharf was the subject
of a memo to the Board from the Director of Engineering notifying the Board of the
contract with General Construction Company for construction of Berth 30 wharf and that
the Board previously approved five change orders related to the lead contamination issue
at Berth 30 based on estimated amounts. The change orders are now in final form as to
completion and amounts. Two new change orders have also been negotiated with the
Contractor. One of the change orders is to pay the Contractor for performing extra work
to relocate the excavated material temporarily stored at the vacant site at Petroleum and
Maritime to provide urgently needed storage space for one of the Port's tenants. The work
was completed at a cost of $44,000.00. The second change order is the result of a
June 21, 1993
-7-
negotiated settlement with the Contractor for additional job-site support costs and overhead
costs associated with the delay to the project resulting from the discovery of lead
contamination. The delay settlement was negotiated for the amount of $100,000.00. It was
recommended that the Board approve the final costs of the five previously approved change
orders and approve two new change orders in the amounts of $44,000.00 for relocating
excavated material and $100,000.00 for all additional costs related to the delay. The
Supplemental Agreement, Harding Lawson Associates. for Environmental Work for
the 42-foot Harbor Deeming Project was the subject of a memo to the Board from the
Director of Engineering notifying the Board of the contract with Harding Lawson Associates
to provide the analyses regarding the landside impacts from use of the deeper channel,
analysis of upland disposal of dredged material, and those issues unique to CEQA for the
42-foot Harbor Deepening project. Since the original contract was awarded in January 1992,
new issues have been raised that the Port has agreed should be addressed as part of its
contribution to the environmental document. These include disposal impacts at Sonoma
Baylands for wetland restoration; evaluation of the potential for impacts upon rare,
threatened or endangered species at upland disposal sites; mitigation for wetland impacts
at the Leonard Ranch rehandling site in Sonoma County, which is a disposal alternative; and
an initial evaluation of the odor potential of the sediments and disposal operation at the
Galbraith site. It was recommended that the Board authorize a supplemental agreement
with Harding Lawson Associates to amend the Scope of Work to include the additional
tasks and to increase the total contract maximum to $199,332.00. The recommendation was
Amendments to Port of Oakland Tariff 2-A, Elimination of OCP Wharfage Rates for
Autos, Wharfage for Portable Trailers was the subject of a memo to the Board from the
Director of Maritime Activities recommending approval of the modifications. The changes
include elimination of Overland Common Point wharfage differential for automobiles,
June 21, 1993
-8-
effective August 13, 1993. California ports previously published a lower wharfage rate on
cargo moving to and from OCP territory (basically Denver, Colorado and points east
thereof). This differential is being phased out for all commodities. Also recommended was
the establishment of a wharfage rate for set-up portable house trailers at a rate of $5.03 per
lineal foot of length, subject to a minimum of two units per vessel. This rate will allow for
competitive pricing with the Port of Portland. The recommendation was approved on
passage of an ordinance to print.
Award of Contract, Replacement of Fuel _Dispensing Facilities at Berth 23 was the
four bids received and recommending award of the contract to Applied Environmental
Solutions, Inc., the low bidder at $198,355.00. The recommendation was approved on
Substitution of Striping Subcontractor for Asphalt Concrete Overlay at Berth 23,
Outer Harbor Terminal was the subject of a memo to the Board from the Director of
Engineering recommending approval for the contractor, Oliver de Silva, Inc., to substitute
Striping Express for Zebra Striping Company as the listed subcontractor to perfolin the
striping work, as Zebra is unable to perform the work. The recommendation was approved
Plans and Specifications for Re r lacement of Fuel Stora e Tank CF-04 at Berth 25
their approval and authority to advertise for bids for removing the existing fuel dispensing
island and one underground storage tank, installing one new underground storage tank,
constructing a new fuel dispensing island, and providing a temporary fueling facility for
fueling cargo handling equipment during construction of the new fueling facility. The
project is categorically exempt and does not require the preparation of an environmental
document. The recommendation was approved on passage of Resolution No. 93285.
June 21, 1993
-9-
Plans and Specifications, Construction of Middle Harbor Road, from 7th Street to
Ferro Street was the subject of a memo to the Board from the Director of Engineering
recommending their authority and approval for bids. Since federal funding is involved, the
Port needs to obtain approval from Caltrans to advertise before proceeding with the bidding
process. Caltrans is awaiting the final certification of the NEPA document before issuance
of authorization to advertise. However, due to the Board's summer meeting schedule, and
the tight project schedule, it is advantageous that the Executive Director be authorized to
advertise the project for the bids and set the bid date as soon as Caltrans approval is
granted. The Board previously reviewed and certified the Initial Study/Negative
Declaration, prepared by the City of Oakland, on this project. The recommendation was
Plans and Specifications, Asphalt Concrete Overlay, Berths 20 and 21 Yard, Outer
recommending their approval and authority to advertise for bids for the improvements to
the Sea-Land Terminal. The work consists in general of constructing an asphalt concrete
overlay over approximately 40 acres of yard, including raising fire hydrants, utility vaults and
electrical equipment; installing stalk!" drainage and slotted drainage systems; and installing
pavement striping and graphics. The project is categorically exempt and does not require
the preparation of an environmental document. The recommendation was approved on
Plans and Specifications, Reroofing Portion of Building C-401, 2277 Seventh Street
their approval and authority to advertise for bids for the removal and replacement of the
built-up roof over the office portion of the building, including installation of insulation and
flashings. The project is categorically exempt and does not require the preparation of an
93288.
June 21, 1993
- 10 -
Resources recommended the appointment of Douglas Waring, Port Financial Projects
Coordinator, effective June 22, 1993, at $6,667.00 per month within Salary Grade 13; Nora
Doolittle, Commercial Representative HI-B, effective July 5, 1993, at $4,516.00 per month;
Cecilia Rekay, Port Insurance Technician, effective June 22, 1993, at $3,083.00 per month;
Judith Jackson, Port Claims Technician, effective June 22, 1993, at $2,796.00 per month;
Jennifer Russell, Port Job Researcher, effective July 14, 1993, at $2,755.00 per month; and
Tony Zheng, Engineering Intern, effective June 22, 1993, at $14.64 per hour. Also
recommended was the Amendment of Salary Appointment for Herminia Blanchard, Audit
Manager, effective July 5, 1993, to $7,015.00 per month, within Salary Grade 13. Further
recommended was the creation of one additional position of Port Job Researcher; and the
examination announcement for the position of Port Safety Administrator. The
Resolution No. 93290 for Blanchard Salary Rate Assignment, Resolution No. 93291 for
examination announcement, and on an ordinance passed to print for creation of position.
Annual Operating Budget for Fiscal Year Ending June 30, 1994 was the subject of
a memo to the Board from the Director of Finance, recommending approval of the
proposed Operating Budget for the fiscal year ending June 30, 1994, and appropriating funds
for Port operation and maintenance expenses for fiscal year ending June 30, 1994. Also
recommended was the authority to execute a Memorandum of Understanding with the City
of Oaldand for the fiscal year 1993-1994 Special Services payments. It is anticipated that
the Operating Budget for fiscal year 1993-1994 will result in a revenue over expense of $19.3
million, which includes approximately $9.9 million of Passenger Facility Charges revenue,
and $8.8 million of proceeds from a 22-acre land sale to the City. Since the Port can use
PFC revenue only for qualified aviation capital projects, and because the land sale revenues
are a one-time source of income, revenue over expense of $580,000.00 is a better indicator
of the Port's anticipated results for fiscal year 1993-1994. The Port anticipates operating
June 21, 1993
- 11 -
revenues to be approximately $118 million which is 2% more than fiscal year 1992-1993
anticipated revenues. The Port budgeted operating expenses of $66.6 million, which is 9.7%
higher than anticipated expenses for fiscal year 1992-1993. The proposed budget includes
$1.4 million of payments to the City for Special Services. 'The proposed budget includes
624.85 full-time equivalent employees. The recommendations were approved on passage
of Resolution No. 93292 for appropriating funds, Resolution No. 93293 for execution of
Memorandum of Understanding, and on a motion by Commissioner Kramer, seconded and
passed unanimously for approval for the Operating Budget.
Approval of the Capital Contracts Award Program for Fiscal Year Ending June 30.
1994 was the subject of a memo to the Board from the Director of Finance recommending
approval of the Capital Contract Awards Program for fiscal year 1993-1994 and approval
in concept of the five-year Capital Improvement Program. The proposed Contract Award
Capital Program for fiscal year 1993-1994 is $125 million. The projected contract awards
for fiscal year 1994-1995 through fiscal year 1997-1998 is $413 million, for a total five-year
Capital Improvement Program of $538 million. For the five-year Capital Improvement
Program, the expected funding sources include grants (11.9%), passenger facility charges
(12%), Port revenue bonds (41.7%), special facilities bonds for the Berth 30 project (6.4%),
loans (18.8%), and Port cash (9.2%). It was noted that the individual projects which are
included in the Capital Improvement Program are subject to delay, acceleration,
cancellation, substitution or revision depending on the Port's actual cash flow, debt capacity,
the receipt of grants, environmental and other permits and approvals, business priorities,
tenant needs and other financial and business considerations. The recommendation was
approved on passage of Resolution No. 93294, and approval of the five-year Capital
Improvement Program was approved on a motion by Commissioner Kramer, seconded, and
passed unanimously.
vote:
June 21, 1993
- 12 -
Ayes:
Commissioners Broussard, Kramer, Lob, Ortiz, Ward Allen and
Noes:
None
Absent:
None
OF CONDOLENCE ON THE PASSING OF ALAN C. FURTH, PORT OF
OAKLAND COMMISSIONER."
'RESOLUTION NO. 93267
CONSENTING TO ASSIGNMENT OF T EASE SUBLEASE AND NET LEASE
BY PAPE' PROPERTIES, INC., TO KAISERAIR, INC."
AUTHORIZING EXECUTION OF SEVENTH SUPPLEMENTAL AGREEMENT
WITH PAPE' PROPERTIES, INC., AND DIRECTING RECORDATION
THEREOF."
AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT
WITH KAISERAIR, INC., AND DIRECTING RECORDATION THEREOF."
APPROVING AND AUTHORIZING THE EXECUTION OF SECOND
SUPPLEMENTAL AGREEMENT TO PARKING MANAGEMENT
AGREEMENT WITH WEST COAST PARKING ASSOCIATES FOR
MANAGEMENT OF CERTAIN PUBLIC ALTTOMOBII F PARKING FACILITIES
AT THE AIRPORT."
APPROVING AM) AUTHORIZING EXECUTION OF AGREEMENTS TO
YEAR OR LESS WITH: 1) BUDGET RENT A CAR SYSTEMS, INC., 2)
ROBERT F. BROWN, AND 3) SMARM CARIE, INC."
AND CONCESSION AGREEMENT WITH EMILY KIM KUCER DBA KIMAIR
COMPANY."
APPROVING AND AUTHORIZING EXECUTION OF LEASE WITH THE
UNTIED STATES POSTAL SERVICE."
June 21, 1993
- 13 -
AWARDING CONTRACT TO OSHKOSH 'TRUCK CORPORATION, FOR
FURNISHING AND DELIVERING TWO NEW AIRPORT RESCUE AND FIRE
FIGHTING VEHICLES, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA, INCLUDING ADDITIVE ALI ERNATES
"A" AND "B", A.I.P. 3-06-0170-01; FIXING THE AMOUNT OF BONDS TO BE
PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS;
AND DIRECTING RETURN OF BID BONDS TO BIDDERS."
APPROVING PLANS AND SPECIFICATIONS FOR MODIFICATION OF
BUILDING L-107 OFFICE SPACE, NORTH FIELD, METROPOLITAN
APPROVING PLANS AND SPECIFICATIONS FOR CONSIRUCTION OF
AIRFIELD SIGNAGE, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA; AND CALLING FOR BIDS
THEREFOR."
APPROVING PLANS AND SPECIFICATIONS FOR REMOVAL, DISPOSAL,
AND REPLACEMENT OF PCB CONTAMINATED CONCRETE FLOOR,
BUILDING L-741, NORTH FIELD, METROPOLITAN OAKLAND
INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; ANI) CALLING FOR
BIDS THEREFORE."
AUTHORIZING THE EXECUTIVE DIRECTOR TO FILE PREAPPLICATION
WITH THE FEDERAL AVIATION ADMINISTRATION UNDER THE
AIRPORT IMPROVEMENT PROGRAM, ATP-15."
THE RATCLIFF ARCHITECTS FOR ARCHI1ECTURAL SERVICES
AUTHORIZING EXECUTIVE DIRECTOR TO ENTER INTO AGREEMENT
TO PERFORM TARIFF SCHEDULE RELAYED WORK WITH PACIFIC GAS
AND ELECTRIC COMPANY."
June 21, 1993
- 14 -
APPROVING AND RATIFYING CHANGE ORDERS FOR THE
CONSTRUCTION OF BERTH 30 WHARF, SEVENTH STREET TERMINAL,
AGREEMENT WITH HARDING LAWSON ASSOCIATES, FOR
AWARDING CONTRACT TO APPLIED ENVIRONMENTAL SOLUTIONS,
INC., FOR REPLACEMENT OF FUEL DISPENSING FACILITY AND
STORAGE TANKS BF-07, BF-08, AND BF-09 AT BUILDING B-213, BERTH 23,
OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF ONDS TO BE
PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS;
AUTHORIZING SUBSTITUTION OF STRIPING SUBCONTRACTOR FOR
ASPHALT CONCRETE OVERLAY OF BERTH 23, OUTER HARBOR
STORAGE TANK CF-04 AT BUILDING C-131, BERTH 25, OAKLAND,
MIDDLE HARBOR ROAD FROM SEVENTH STREET TO FERRO STREET,
APPROVING PLANS AND SPECIFICATIONS FOR ASPHALT CONCRETE
OVERLAY, BERTHS 20 AND 21 YARD, OUTER HARBOR 'TERMINAL,
APPROVING PLANS AND SPECIFICATIONS FOR REROOFING PORTION OF
BUILDING C-401, 2277 SEVENTH STREET, OAKLAND, CALIFORNIA; AND
June 21, 1993
- 15 -
ASSIGNING HERMINIA BLANCHARD TO SALARY RA'Z'E WITHIN SALARY
GRADE 13."
PORT SAFETY ADMINISTRATOR."
MAKING APPROPRIATIONS OF CERTAIN MONEYS TO PROVIDE FOR
CERTAIN EXPENDITURES PROPOSED TO BE MADE BY THE ESTIMA1 ED
BUDGET OF THE PORT OF OAKLAND FOR THE FISCAL YEAR 1993-1994."
APPROVING AND AUTHORIZING EXECUTION OF A SUPPLEMENTAL
AGREEMENT TO MEMORANDUM OF UNDERSTANDING WITH THE CITY
OF OAKLAND FOR PROVISIONS OF AND PAYMENT FOR SPECIAL
SERVICES."
APPROVING THE PORT CAPITAL CONTRACTS AWARD PROGRAM FOR
FISCAL YEAR 1993-1994."
GRANTING OAKLAND AIRPORT HOTEL CORPORATION PERMISSION TO
PERFORM CERTAIN WORK"
GRANTING THE HERTZ CORPORATION PERMISSION TO PERFORM
CERTAIN WORK"
GRANTING ROLLINS LEASING CORPORATION PERMISSION TO
PERFORM CERTAIN WORK"
APPROVING AN:D AUTHORIZING THE FILING OF A COMPLAINT
AGAINST CAN TRANSPORT, INC., FOR DAMAGES RESULTING FROM
ENVIRONMENTAL CONTAMINATION AT PROPERTY LOCATED AT 196
BURMA ROAD, OAKLAND, CALIFORNIA."
June 21, 1993
- 16 -
Port Ordinance No. 3152 being, "AN ORDINANCE AMENDING SECTION 12 OF
PORT ORDINANCE NO. 1149 RELATING TO FEES AND CHARGES FOR OFF
AIRPORT FACILITIES
IES AND GROUND TRANSPORTATION OPERATORS"; and Port
Ordinance No. 3153 being, "AN ORDINANCE AMENDING SECTION 10.2 OF PORT
ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF FACILITIES AT
ME I KOPOLI IAN OAKLAND INTERNATIONAL AIRPORT"; and Port Ordinance No.
3154 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF
AN AMENDMENT TO LEASE WITH RUI ONE CORPORATION AND DIRECTING
RECORDATION THEREOF"; and Port Ordinance No. 3155 being, "AN ORDINANCE
AMENDING PORT ORDINANCE NO. 2833 RELATING TO WHARF DEMURRAGE
RULES AND RA1ES AND WHARF STORAGE - RULES AND RA1ES"; and Port
Ordinance No. 3156 being, "AN ORDINANCE ADDING SECTION 1.336 TO PORT
ORDINANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN OFFICERS AND
EMPLOYEES OF THE PORT DEPARTMENT'; and Port Ordinance No. 3157 being, "AN
ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE NEW SALARY
SCHEDULES, TO ASSIGN SALARY SCHEDULES TO CERTAIN POSITIONS, TO
CREA I E THE NEW POSITION OF COMMERCIAL REPRESENTATIVE 111-B AND
TO CREATEE TWO ADDITIONAL POSITIONS OF ASSOCIATE PORT STRATEGIC
PLANNER" were read a second time and passed by the following vote:
Ayes:
Noes:
None
Absent:
None
ORDINANCE NO. 2833 RELATING TO WHARFAGE, CONTAINERIZED CARGO
AND NON-CONTAINERIZED CARGO"; and Port Ordinance No. being, "AN
ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE
June 21, 1993
- 17 -
ADDMONAL POSITION OF PORT JOB RESEARCHER" were read a first time and
Ayes:
Noes:
None
Absent:
None
announced by President Lockhart, and reconvened in open session at the hour of 5:23 p.m.
at which time the meeting was adjourned in honor of and out respect to the memory of
Alan Furth, Port Commissioner.
June 21, 1993
- 18 -
OF THE
CITY OF OAKLAND
The regular meeting scheduled for Tuesday, July 6, 1993, at the hour of 3:00 p.m.,
was adjourned by the Secretary of the Board due to the absence of all the members of the
Board to Tuesday, July 13, 1993 at the hour of 3:00 p.m.
The meeting was reconvened on Tuesday, July 13, 1993, at the hour of 3:14 p.m., in
the office of the Board, second floor, 530 Water Street, Oakland, California, President
Lockhart presiding, appropriate notice having been given and posted.
Broussard, Cole, Kramer, Loh, Vohs
Ortiz - 1
Assistant Port Attorneys, John Nolan and Thomas Clark; Director of Aviation; Director of
Commercial Real Estate; Director of Human Resources; Director of Engineering; Director
of Public Affairs; and Secretary of the Board.
President Lockhart introduced Ada Cole as a new commissioner to fill the teini
previously held by Carole Ward Allen and James Vohs to fill the unexpired term of the late
Alan Furth.
James Van Loeben Sells, Director of the State Transportation Agency, appeared
before the Board to inform the Board that Preston Kelly, District 4 Director of Caltrans,
was retiring and he publicly thanked Mr. Kelly for his efforts on behalf of the City and the
Port. He further infolined the Board of the urgent need for the City to conclude the
agreement with the State for the reconstruction of Cypress Freeway before the funding is
lost to other disaster areas, President Lockhart responded that he would prepare a letter
to the City Council urging approval of the agreement.
Disqualification of Bidder and Award of Contract for Recarpeting of Terminal IL
Building M-130, South Airport was the subject of a memo to the Board from the Director
of Engineering notifying the Board of the five bids received and that the apparent low
bidder, S.A.S. Inc., dba Carpet Club, at $207,777.00, did not meet the experience
requirements of the bid specifications. It was recommended that the apparent low bid of
S.A.S. Inc., be rejected for lack of the required qualifications and the contract awarded to
the second low bidder, Hoem-Schurba & Associates, at $212,260.00. The recommendation
Contract for Consultant to Provide Organizational Development and Human
Resources Services to the Aviation and Human Resources Divisions was the subject of a
memo to the Board from the Director of Aviation notifying the Board that Ben Harrison
Associates, Inc., was previously retained to design a problem assessment and
recommendation process for the Aviation Division. This contract has been completed at a
cost of $34,650.00. Based on a review of the recommendations and the critical nature of
the project, it was recommended that the Board approve payment of $29,800.00 for
additional services being perfointed. It was further recommended that the Board approve
the retention of Ben Harrison Associates, Inc., to provide the additional human resources
and organizational development services to the Port Aviation Division. These include
advising employees of the findings and the recommendations of the problem assessment
process; design and facilitate workshops regarding Vision 2002, the Airport's organization,
restructuring and manpower distribution; valuing human differences; and to provide for the
communication and consistent application of policies and procedures. The cost of this
portion of the Aviation project is $150,200.00, making the total cost of the Aviation project
July 13, 1993
2
$180,000.00. Additionally, it was requested that the Board approve the retention of Ben
Harrison Associates, Inc., to perform organizational development work with the Human
Resources Department at a cost of $20,000.00. After discussion concerning the cost of the
project, the recommendation was approved on passage of Resolution No. 93332.
Recommended Approval of Automated Teller Machine Facility Agreement with Bank
of America was the subject of a memo to the Board from the Director of Aviation notifying
the Board that Bank of America maintains an ATM in the Airport's Terminal II ticketing
lobby under the holdover provision of a five-year Lease that expired September 30, 1988.
The rent under the Lease is $125.00 per month. It was recommended that the Board
approve a new three-year agreement, commencing July 1, 1992 and expiring June 30, 1995,
at $300.00 per month. The recommendation was approved on passage of Resolution No.
93300.
Recommended Approval of First Supplemental Agreement - City of Oakland was the
subject of a memo to the ]3oard from the Director of Aviation notifying the Board of the
Right-of-Entry and Indemnity Agreement covering a portion of approximately 5.326 acres
including ten parking spaces only and excluding Port Building L-911 at the former Raiders'
Practice Field on the corner of Doolittle Drive and Harbor Bay Parkway which the City uses
as a recreational facility. It was recommended that the Board approve a First Supplemental
Agreement which provides for "Responsibility for Soil Sampling, Testing and Disposal". The
amendment provides for the permittee to perform, at Permittee's sole expense, soil sampling
and testing, as specified by the Port's Director of Engineering, of material to be excavated
or material after excavation, and to legally dispose of all excavated contaminated material
off of Port property unless otherwise expressly authorized in writing by the Director of
Engineering. The recommendation was approved on passage of Resolution No. 93301.
App roval of New License and Concession Agreement with Existing Tenant - Connie
Smith dba Aviation Testing was the subject of a memo to the Board from the Director of
Aviation recommending approval to renew the agreement with Connie Smith, dba Aviation
July 13, 1993
-3-
Testing, for 504 square feet of office space and 220 square feet of paved parking in and
adjacent to Building L-710, North Airport, at $433.48 per month, effective March 1, 1993.
Recommended Approval of New License and Concession Agreement - Ameriflight,
Inc. was the subject of a memo to the Board from the Director of Aviation recommending
approval of a new agreement with Ameriflight, Inc., for 700 square feet of office, 5,124
square feet of hangar, 2,267 square feet of shop/storage, 1,392 square feet of
mezzanine/storage, 41,732 square feet of apron and 1,800 square feet of paved parking all
located in and adjacent to Building L-230C, North Airport, at $5,663.77 per month, effective
Award of Contract, Upgrade Ramps at South Airport, with Sealer was the subject
of a memo to the Board from the Director of Engineering notifying the Board of the one
bid received from Gallagher & Burk, Inc., at $487,320.00 and that the bid is well below the
engineer's estimate of $537,400.00. It was recommended that the contract be awarded to
Gallagher & Burk, Inc. The recommendation was approved on passage of Resolution No.
93304.
Airport Public Officials Errors and Omissions Insurance was the subject of a memo
to the Board from the Director of Human Resources notifying the Board of the previous
authority to place the policy of $5,000,000.00 for an annual premium of $149,875.50 and an
excess policy of $5,000,000.00 for approximately $75,000.00 annual premium. The best
premium quotation received was $90,000.00 for the excess policy and it was recommended
that the Board authorize the additional premium. The recommendation was approved on
M & N Truck Lines, Inc.. - Sublease to Pacific Commodities Approval of Rental
Credit was the subject of a memo to the Board from the Director of Commercial Real
Estate notifying the Board that M and N Truck Lines, Inc., currently occupies 44,792 square
feet of warehouse space and 4,400 square feet of office space in Port Building H-232 located
July 13, 1993
-4-
at 845 Embarcadero. There are approximately 3.5 years remaining on the original five-year
lease term at $11,000.00 per month. The Port has received a request from M and N to
sublease the entire premises to a company called Pacific Commodities. Pacific Commodities
is a container freight station operator specializing in the warehousing and distribution of
cocoa beans and currently does business with several Port shipping lines. To accommodate
their operation, Pacific Commodities proposes to construct a 18' x 30' concrete loading dock
on the south side of the building. This will provide them with the capacity to load and
unload three additional trucks at one time. In addition„ they will need to construct interior
improvements required to meet fumigation regulations at a cost of $18,000.00. The total
cost of the improvements is estimated at $60,000.00. It was recommended that the Board
approve the sublease to Pacific Commodities and grant M and N Truck Lines a rental credit
of three months rent ($33,000.00) as consideration for building improvements. The
Capital Improvements to 530 Water Street was the subject of a memo to the Board
from the Director of Commercial Real Estate notifying the Board that the Port utilizes its
office space in the administrative office building at 530 Water Street, owned by Oakland
Portside Associates, in which the Port is a major partner. It is necessary to make
modifications to the office configurations to accommodate operational deficiencies,
organizational changes and additional staff. Many of the programs are time-sensitive and
therefore have been implemented. It was recommended that the Board authorize
expenditure funds for the completion of the following items: Building modernization to
elevator lobbies signage enhancement and installation of carpet in the elevator cabs, at a
cost not to exceed $35,000.00; Maritime office remodel due to the hiring of new employees,
at a cost not exceed $60,000.00; Risk Management remodel due to the hiring of new
employees at a cost not to exceed $25,000.00; miscellaneous modifications to the areas
occupied by the Board Room kitchen, Finance, Equal Opportunity, Human Resources,
July 13, 1993
-5-
Engineering, etc., at a cost not to exceed $40,300.00. The recommendation was approved
Upright, Inc., Lease Amendment was the subject of a memo to the Board from the
Director of Commercial Real Estate notifying the Board that Upright, Inc., occupies Port
Building No. K-503 and the adjacent land located at 7711 Oakport Street in the Oakland
Airport Business Park, under a five year lease with an option to extend the term for five
additional years. The original lease term expired on June 30, 1993. Upright has made a
written request to exercise the option to extend the term for five years. The term would be
extended for five years and would commence on July 1, 1993 and the Lessee would be
granted an additional option to extend the term for five years. The monthly rent would be
adjusted from $3,150.00 to $3,870.00. The security deposit would be adjusted by the same
overall percentage as the rent (22%) and be increased to $11,529.00. The Port would paint
the exterior of the building, patch all potholes in the asphalt and extend the asphalt parking
lot in the rear and front yards. It was recommended that the Board authorize the First
Supplemental Agreement to the Lease with Upright to allow for the exercise of the option
to extend the term of the lease, adjust the rent and the performance deposit and grant the
Lessee an additional five year option to extend the term. The recommendation was
approved on an ordinance passed to print.
Authorization to Pay PG&E for Relocation of Service Pole was the subject of a memo
to the Board from the Director of Engineering notifying the Board that to accommodate the
construction of Embarcadero Street from Martin Luther King Jr. Way to Adeline Street,
certain utilities must be relocated. One of the items to be relocated is a 12KV PG&E
electrical service pole that provides electrical power to Howard Terminal. The relocation
work includes relocating the service pole to a location on Union Pacific Railroad property
adjacent to Howard Terminal and installing underground conduit crossing under a railroad
track to Howard Terminal to the electrical service manhole in Howard Terminal. It was
recommended that the Board authorize payment in the sum of $25,482.00 to Pacific Gas and
July 13, 1993
-6-
Electric Company for the work. The recommendation was approved on passage of
Award of Contract,Paving of One Acre Site Adjacent to Building C-401, 2277
Seventh Street, Oakland, California was the subject of a memo to the Board from the
Director of Engineering notifying the Board of the eight bids received and recommending
award of the contract to Ransome Company, the low bidder at $71,405.25. The
Plans and Specifications, Dredging.of13edhs 9,22,24, 26 and the Interconnecting
Channel 30, 32. 33, 34 and 37 and the Oakland Outer Harbor Channel Area was the subject
of a memo to the Board from the Director of Engineering recommending their approval and
authority to advertise for bids for the maintenance dredging. The project is categorically
Resources recommended the appointment of Guillermo Pinto, Airport Operations
Supervisor, effective July 2, 1993, at $4,224.00 per month; Claire Smith, Port Personnel
Analyst, effective June 30, 1993, at $3,944.00 per month; Kimberly Lindeinie, as Personnel
Technician, effective July 14, 1993, at $3,021.00 per month; Faith Fuller-Tompkins,
Personnel Technician, effective July 14, 1993, at $3,021 per month; Anthony Puig, Port Job
Researcher, effective July 14, 1993, at $2,755.00 per month; and Alvin Gatewood, Janitor
Foreperson, effective July 14, 1993, at $2,785.00 per month. Also recommended was the
appointment of the following temporary appointments to support the Port of Oakland's
Summer Internship program: Andre Aikens, Archie Arcellious, Seema Bhimani, Ryan
Brown, Jim Ferea, Thomas Gates, Ayanna Goring, William McCray, Alma Pena, Sedonia
Rosette, Eligio Ruiz, Sharon Young, Emily Aguilar, Jaime Bailey, Jesus Carrera, Eric
Daniel, Edgar DeLeon, Maricela Guzman, Leroy Jones, Eric Salvador, Brenda Varela,
Sergio Vasquez, Jodi Bailey, Arquia Evans; and the appointment resulting from the City of
July 13, 1993
7
Oakland's Reduction in Force Program for Gary Cavazos, Port Personnel. Analyst, effective
July 1, 1993, at $3,577.00 per month; Antoinette Porter, Senior Secretary, effective July 1,
1993, at $2,893.00 per month; Susanna Smail, Senior Secretary, effective July 1, 1993, at
$2,893.00 per month; Darlene Rounds, Senior Typist Clerk, effective July 3, 1993, at
$2,682.00 per month; Deborah Hill-Thomas, Intermediate Stenographer Clerk, effective July
1, 1993, at $2,451.00 per month; Emma Wilson, Intermediate Stenographer Clerk, effective
July 1, 1993, at $2,451.00 per month; and Dorothy McClinton, Intermediate Stenographer
Clerk, effective July 1, 1993, at $2,451.00 per month. Further recommended was the
assignment of salary rates of certain incumbents to appropriate existing rates within their
respective classifications, resulting from the Betty Mertens' salary survey and/or the
establishment of parity for certain classifications; the amendment of salary appointments for
Opal Belland, Director of Human Resources, to $8,648.00 per month, effective July 14,
1993; Christopher Marshall, Secretary to the Board of Port Commissioners, to $5,222.00 per
month, effective July 14, 1993; the creation of three additional positions of Associate Port
Environmental Planner, two positions of Associate Port Environmental Scientist; two
positions of Port Auditor II, and one position of Port Senior Auditor; the creation of
classification and assignment of salary schedule for Executive Legal Secretary H, to Salary
Schedule 234.25; Executive Legal Secretary I to Salary Schedule 224; assignment of Salary
Schedule 238 to the previously created Civil Service classification of Port Programmer
Analyst; reassignment of Salary Schedule for the Civil Service classification of Port
Personnel Analyst to Salary Schedule 246.9; revision of job specifications for the Civil.
Service classification of "Port Programmer Analyst; leaves of absence for Mary E. Davidson,
Port Staff Accountant I, for sixty (60) calendar days for medical reasons; and Rita Thomas,
Intermediate Typist Clerk, for twenty-eight (28) calendar days, for medical reasons.
Additionally recommended was the termination resulting from the City of Oakland's
Reduction In Force Program for Mary McCray, Intermediate Stenographer Clerk in the
Airport Technical Communications and Administration Department; and Geanine Forbes-
July 13, 1993
-8-
Hughes, Senior Typist Clerk in the Commercial Real Estate Division. The
recommendations were approved on passage of Resolution 93312 for appointments;
Resolution No. 93313 for assigning appropraite rates; Resolution No. 93314 for assigning
salary rates; Resolution No. 93315 for job specifications; Resolution No. 93316 for leaves
of absence; Resolution No. 93317 for layoff of certain employees; and on an ordinance
passed to print for creation of position.
Excess Workers' Compensation and Employers' Liability Insurance was the subject
of a memo to the Board from the Director of Human Resources notifying the Board that
the Port is permissibly self-insured for Workers' Compensation in the State of California.
The Port has never carried an insurance policy for Excess Workers' Compensation and
Employers' Liability. The Port's liability for any one accident is unlimited. In recent years,
the value of individual cases has grown as medical costs have escalated and it appears that
the Port should now be covered by an Excess Workers' Compensation and Employers'
Liability Insurance. It was recommended that the Risk Manager be authorized to finalize
the placement of Excess Workers' Compensation and Employers' Liability Insurance with
Genesis Insurance Company for annual premium of approximately $59,540.00. The
Continuation of Retiree Health Care Benefits was the subject of a memo to the
Board from the Director of Human Resources notifying the Board of the Port's dental and
vision premium plans that since the late eighties the Port has informally extended the
privilege of allowing our retirees to continue making these payments without the benefit of
a formal policy. The continuance of this program has not created a cost to the Port,
however, since the Port is self-insured for these claims, there is the possibility that a future
minimal cost may be incurred. It was recommended that the Board adopt a formal policy
to allow retirees to continue making payment into their dental and vision premium plans
after the expiration of the mandatory eighteen month COBRA coverage period. On the
average, retirees, the majority of whom share coverage with their spouses, pay $573.60
July 13, 1993
-9
annually for dental coverage and $143.52 for vision. 'The Port's share of these costs are
$93.60 for dental and $12.72 for vision. The remainder of this money goes into a Port
account from which claims are paid. At the year's end, the remaining money is transferred
to the Port's "Retainer Earning Account" and is considered a profit to the Port. The
Authorization to Purchase 72 Computer Workstations and Related Peripheral
Equipment Portion of the Fiscal Year 93-94 Information Systems Work Plan was the subject
of a memo to the Board from the Director of Finance notifying the Board that since 1986
the Port has continued the process of providing a comprehensive office automation program
to provide improvements in efficiency and streamline work-flow. To keep up with the
system and to provide new desktop systems for new employees, the Port needs to purchase
72 new 80486 computer workstations to either supplement or replace older systems currently
in use at the Port. The purchase of the workstation equipment, printers, and peripheral
equipment is expected to cost $241,200.00. It was recommended that in order to keep pace
with technology, assure compatibility and standardization with the Port's existing networking
systems and to meet Port scheduling requirements, it was recommended that the Board find
it to be in the best interests of the Port to proceed with informal quotations for the purchase
of 72 computer workstations and related equipment through open market procurement. The
Amendment of Port CEOA Guidelines: Revised Environmental Review Fee Schedule
Board that since 1984, the Port adopted the then newly revised State CEQA Guidelines,
made additions to Port Guidelines to tailor general elements of the State Guidelines to
specific Port activities, and set revised fees for processing environmental documents. In
order to keep pace with true staff costs of environmental review and the preparation of
environmental documents, it was recommended that the Board amend Port Ordinance No.
2581 to reflect the following new fees: Categorical Exemption, $75.00 plus $25.00 for the
July 13, 1993
- 10 -
Department of Fish and Game; Negative Declaration (In-House), project costs less than
$100,000.00, $1,500.00, project costs over $100,000.00, $1,500.00 plus 1% of Project cost plus
$1,275.00 for the Department of Fish and Game; Environmental Impact Report (In-House),
project cost less than $100,000.00, a minimum of $2,500.00, project cost more than
$100,000.00, $2,500.00 plus Consultant Contract Cost plus 10% of contract plus $875.00 for
the Department of Fish and Game. The recommendation was approved on passage of an
ordinance to print.
Designation of Authorized Agents for the Port of Oakland in Connection with the
1990-91 Freeze Disaster was the subject of a memo to the Board from the Director of
Engineering notifying the Board that on January 18, 1991, the Governor proclaimed the
existence of a "State of Emergency" in Alameda County. This proclamation allowed public
agencies within the County to apply for disaster assistance in accordance with the provisions
of the Natural Disaster Assistance Act. The Port submitted an application to the State of
California Office of Emergency Services for reimbursement of costs associated with damage
to Port facilities caused by the freezing temperatures of late December 1990 and January
1991. Based on available documentation for the work perfouned, the Port was seeking
reimbursement for approximately $8,500,00. OES has approved the Port's application in the
amount of $8,843.00, including an administrative allowance. In order to complete the
application process, OES requires the Port to submit a resolution designating authorized
agents of the Port for this disaster, similar to the one submitted for the Loma Prieta
Earthquake. It was recommended that the Board designate the following Port employees
as authorized agents of the Port of Oakland in connection with the freeze disaster of
December 1990 and January 1991: Executive Director; Deputy Executive Director; Director
of Engineering; Chief Engineer; Chief Financial Office; Chief of Planning; Chief of
Facilities; Port Attorney; Risk Manager; Port Principal Engineer; Port Principal
Electrical/Mechanical Engineer; Supervising Civil Engineer; and Port Supervising
July 13, 1993
- 11 -
Electrical/Mechanical Engineer. The recommendation was approved on passage of
Approval of Engineering Consulting Services for Payment Design and Analysis, All
Port Areas was the subject of a memo to the Board from the Director of Engineering
recommending approval to enter into a three year contract with B.A. Vallerga, Inc., to
perform pavement design and analysis for Port projects. A maximum of $150,000.00 in
services is to be provided under the proposed contract; each assignment would be
individually authorized and subject to its own "not to exceed" fee limit; payment for services
provided would be at the agreed rate for the actual hours worked. The recommendation
Rejection of Bid Contract for Hazardous Waste Disposal was the subject of a memo
to the Board from the Director of Engineering notifying the Board of the one bid received
from Decon Environmental Services, Inc., and that Decon made an error in the bid.
Additionally, the bid bond and insurance submitted by Decon does not meet the
specification requirements. It was recommended that the Board reject the bid due to the
error in the bid and to the bid bond and insurance not meeting specification requirements,
that the Board approve modifications to the specifications regarding bond and insurance
requirements, and that the Executive Director be authorized to execute a contract for the
subject work with Decon consistent with Decon's revised bid. The recommendation was
CAPA Non-Airport Excess Liability Insurance
was the subject of a memo to the
Board from the Director of Human Resources notifying the Board that the Port participates
in the CAPA Excess Liability Program and that the initial estimation of Oakland's allocated
premium was understated by $28,287.76. After review of the proposal, it was recommended
that the Port continue its participation in the CAPA Umbrella Excess Liability Program for
an annual premium of $162.762.76 for the May 20, 1993 to May 20, 1994 policy year. The
July 13, 1993
- 12 -
vote:
Ayes:
Commissioners Broussard, Cole, Kramer, Loh, Vohs
and President Lockhart. - 6
Noes:
None
Absent:
REJECTING BID OF S.A.S. INC., DBA CARPET CLUB; AWARDING
CONTRACT TO HOEM-SCHURBA AND ASSOCIAIES, FOR RECARPETING
OF BUILDING M-130, TERMINAL II, SOUTH FIELD, METROPOLITAN
OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING
THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION
THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN
OF BID BONDS TO BIDDERS."
AUTHORIZING EXECUTION OF AUTOMAIED 'IELLER MACHINE
FACILITY AGREEMENT WITH BANK OF AMERICA N.T. & S.A."
SUPPLEMENTAL AGREEMENT WITH CITY OF OAKLAND."
APPROVING ANI) AUTHORIZING EXECUTION OF CERTAIN LICENSE
AND CONCESSION AGREEMENT WITH CONNIE SMITH DOING BUSINESS
AS AVIATION TESTING."
APPROVING ANI) AUTHORIZING EXECUTION OF CERTAIN LICENSE
AND CONCESSION AGREEMENT WITH AMERIFLIGHT, INC."
AWARDING CONTRACT TO GALLAGHER & BURK, INC., FOR
UPGRADING RAMPS AT SOUTH FIELD WITH SEALER, SOUTH FIELD,
METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND,
CALIFORNIA, A.I.P. 3-06-0170-14; FIXING THE AMOUNT OF BONDS TO BE
PROVIDED IN CONNECTION THEREWITH."
AUTHORIZING PLACEMENT OF AIRPORT PUBLIC OFFICIALS ERRORS
AND OMISSIONS INSURANCE."
July 13, 1993
- 13 -
APPROVING SUBLEASE BY AND RENTAL CREDIT TO M&N'TRUCK
LINES, INC., SUBJECT TO CERTAIN TERMS AND CONDITIONS."
MAKING CERTAIN FINDINGS AND DETERMINATIONS AUTHORIZING
THE PORTS EXECUTIVE DIRECTOR TO MAKE CERTAIN EXPENDITURES
ON BEHALF OF THE PORT AS GENERAL PARTNER IN OAKLAND
PORTSIDE ASS 0 CIA I ES ."
APPROVING AND AUTHORIZING THE EXECUTION OF A
SUPPLEMENTAL AGREEMENT TO LEASE AND DIRECTING
RECORDATION THEREOF."
"RES OLU I ION NO. 93309
AUTHORIZING PAYMENT TO PACIFIC GAS AND ELECTRIC COMPANY
FOR RELOCATION OF ELECTRICAL SERVICE POLE SERVICING
HOWARD 'TERMINAL."
AWARDING CONTRACT TO RANSOME COMPANY, FOR PAVING OF ONE
ACRE SHE ADJACENT TO BUILDING, C-401, 2277 SEVENTH STREET,
OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE
PROVIDED IN CO NNECI1ON THEREWITH; REJECTING ALL OTHER BIDS;
APPROVING PLANS AND SPECIFICATIONS FOR DREDGING OF BERTH
9, 22, 24, 26 AND THE INTERCONNECTING CHANNEL, 30, 32, 33, 34 AND 37,
AND THE OAKLAND OUTER HARBOR CHANNEL AREA, OAKLAND,
ASSIGNING CERTAIN EMPLOYEES TO APPROPRIATE RATES WITHIN
NEW SALARY SCHEDULES."
ASSIGNING CERTAIN EMPLOYEES TO CERTAIN SALARY RA I ES."
July 13, 1993
- 14 -
"RESOLUTION
ION NO. 93315
APPROVING JOB SPECIFICATION
ION FOR THE POSITION OF PORT
PROGRAMMER/ANALYST."
CONCERNING CERTAIN LEAVE OF ABSENCE."
PROVIDING FOR THE LAYOFF OF CERTAIN EMPLOYEES."
AUTHORIZING PLACEMENT OF EXCESS WORKER'S COMPENSATION
AND EMPLOYER'S LIABILITY INSURANCE."
RAI IIYING AND APPROVING CONTINUATION OF CERTAIN RETIREE
HEALTH CARE BENEFITS."
THE PORT TO PROCURE SEVENTY-TWO COMPUTER WORKSTATIONS
AND RELATED PERIPHERAL EQUIPMENT WITHOUT COMPETITIVE
BIDDING AND AUTHORIZING PROCUREMENT OF SAME ON THE OPEN
MARKET."
AUTHORIZING THE EXECUTIVE DIRECTOR AND CERTAIN OTHER
PORT EMPLOYEES TO ACT AS AUTIEIORIZED REPRESENTATIVES OF
THE PORT IN CONNECTION WITH APPLICATIONS ON BEHALF OF THE
PORT FOR DISASTER RELIEF AND EMERGENCY ASSISTANCE WITH ALL
APPROPRIATE STATE AND LOCAL AGENCIES AND RATIFYING CERTAIN
ACTIONS IN FURTHERANCE THEREOF."
B.A. VALLERGA, INC., FOR ENGINEERING DESIGN SERVICES
REJECTING OF BID AND AWARD OF CONTRACT FOR THE REMOVAL
AND DISPOSAL OF HAZARDOUS WASTE, DESIGNATED WASTE AND
OTHER CONTAMINATED MATERIALS FOR THE PERIOD COMMENCING
JULY 1, 1993 AND ENDING JUNE 30, 1994, 1995 OR 1996."
July 13, 1993
- 15 -
AUTHORIZING RENEWAL OF CAPA NON-AIRPORT EXCESS LIABILITY
INSURANCE."
GRANTING KAISERAIR, INC., PERMISSION TO PERFORM CERTAIN
WORK."
GRANTING C.R. GIBB AND THE BOATEL PERMISSION TO PERFORM
CERTAIN WORK."
At the hour of 3:45 p.m., Commissioner Ortiz joined the meeting.
The following resolution was introduced and passed separately by the following
vote:
Ayes:
Commissioners Broussard, Cole, Kramer, Loh, Vohs and
Noes:
Absent:
None
BEN HARRISON ASSOCIA'IES, INC., FOR AVIATION AND HUMAN
RESOURCES CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR
AGREEMENT."
ORDINANCE NO. 2833 RELATING TO WHARFAGE, CONTAINERIZED CARGO
AND NON-CONTAINERIZED CARGO", and Port Ordinance No. 3159 being, "AN
ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE
ADDIIIONAL POSII
ION OF PORT JOB RESEARCHER" were read a second time and
passed by the following vote:
July 13, 1993
- 16 -
Ayes:
Noes:
None
Absent:
AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL AGREEMENT TO
LEASE WITH UP-RIGHT, INC., AND DIRECIING RECORDATION THEREOF" and
Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE
NO. 867 TO CREATE ADDITIONAL POSIIIONS OF ASSOCIATE PORT
ENVIRONMENTAL PLANNER, ASS OCLA I E PORT ENVIRONMENTAL SCIENTIST,
PORT AUDITOR II, PORT SENIOR AUDITOR AND TO CREAIE ONE NEW
POSITION OF EXECUTIVE LEGAL SECRETARY II AND TWO NEW POSITIONS
OF EXECUTIVE LEGAL SECRETARY I, TO ASSIGN A SALARY SCHEDULE TO
PORT PROGRAMMER/ANALYST AND TO REVISE THE SALARY SCHEDULE
FOR 'THE POSITION OF PORT PERSONNEL ANALYST', and Port Ordinance No.
being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2581 AND
ESTABLISHING A SCHEDULE OF CHARGES AND FEES FOR THE PREPARATION
OF ENVIRONMENTAL DOCUMENTS, REVIEWS FOR EXEMPTION AND FOR
FILING NOTICES OF DE IERMINATION AND NOTICES OF EXEMPTION", were
read a first time and passed by to print by the following vote:
Ayes:
Noes:
None
Absent:
Mr. Alfonso Loera, Airport Serviceman, appeared before the Board to comment on
his proposed suspension for failure to follow instructions of his supervisors. The Board took
the comments under submission.
July 13, 1993
- 17 -
announced by President Lockhart and reconvened in open session at the hour of 4:48 p.m.
vote:
Ayes:
Noes:
Abstained:
Commissioners Broussard, Cole, Loh, Ortiz, Vohs
None
Commissioner Kramer - 1
Absent:
None
DECLARING ELECTION OF OFFICERS OF THE BOARD OF PORT
COMMISSIONERS."
AFFIRMING SUSPENSIONS OF ALFONSO LOERA, AJRPORT SERVICEMAN
UNDER PORT PERSONNEL RULES AND PROCEDURES, RULE 10."
IMPOSING THIRTY DAY SUSPENSION AGAINST ALFONSO LOERA."
At the hour of 4:49 p.m., the Board reentered into closed session and reconvened in
open session at the hour of 5:47 p.m.
vote:
Ayes:
Corrunissioners Broussard, Cole, Kramer, Loh, Ortiz, Vohs
Noes:
None
Absent:
None
PROVIDING FOR PAID ADMINISTRATIVE LEAVE."
REGARDING TERMINATION OF APPOINTMENT OF WILLIAM D.
Si EVENS."
July 13, 1993
- 18 -
As provided for in the Port's Bylaws, President Lockhart called for the annual
election of officers. Commissioner Cole nominated Commissioner Lockhart as President,
Commissioner Broussard as First Vice President and Commissioner Kramer as Second Vice
President. There were no further nominations and the officers were elected on seven
affirmative votes. Commissioner Cole further nominated Christopher C. Marshall as
Secretary, Sharon Krippene and Jasmine Lim as Assistant Secretaries. There were no
further no further nominations and the officer were elected on seven affirmative votes.
The election was confirmed on passage of Resolution No. 93327.
Ayes:
Commissioners Broussard, Cole, Lob, Ortiz, Vohs
Noes:
Absent:
None
None
DECLARING ELECTION OF OFFICERS OF THE BOARD OF PORT
COMMISSIONERS."
seconded.
July 13, 1993
- 19 -
OF THE
CITY OF OAKLAND
The regular meeting of the Board scheduled for Tuesday, July 20, 1993 at the hour
of 3:00 p.m., was adjourned by the Secretary of the Board to Tuesday, July 27, 1993 at the
hour of 3:00 p.m., due to the absence of all the members of the Board.
* * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * *
The meeting was reconvened on Tuesday, July 27, 1993, at the hour of 3:35 p.m., in
the office of the Board, second floor, 530 Water Street, Oakland, California, President
Lockhart presiding, appropriate notice having been given and posted. An informal portion
was held during the period from 3:10 to 3:30 p.m., during which time the Board received a
review of the new Airport video and received a status report on the Capital Reserve Fund.
Commissioners present: Broussard, Kramer, Loh, Ortiz, and President Lockhart-5
Commissioners absent: Cole and Vohs - 2
Director of Commercial Real Estate; Director of Aviation; Director Equal Opportunity;
Director of Strategic and Policy Planning; Director of Engineering; Chief Engineer; Acting
Director of Maritime Activities, John Nolan; Director of Governmental Affairs; Director of
Finance; Director of Public Affairs; and Secretary of the Board.
The minutes of the regular meeting of March 16, 1993, and the regular meeting of
April 6, 1993, were approved as submitted and ordered filed.
President Lockhart infoi ined the Board that he would not call for a closed session
at today's meeting.
President Lockhart announced the following as his committee assignments:
Executive Committee - Chaiiinan James Lockhart, Allen Broussard, and David Kramer;
Aviation Committee - Chairman Allen Broussard, Ada Cole and John Loh; Maritime
Committee - Chairman James Vohs, David Kramer and James Lockhart; Audit and Finance
Sub-Committee - Chairman James Vohs, Allen Broussard and James Lockhart; Commercial
Real Estate Committee - Chairman Celso Ortiz, Allen Broussard and John Loh; Human
Resources Committee - Chairman David Kramer, Ada Cole and John Loh; Customer
Relations and Employment Development Committee - Chairman John Loh, Ada Cole and
Celso Ortiz; and the Communications & Public Affairs Task Force - Chairman James
Lockhart, Celso Ortiz and James Vohs.
Plans and Specifications, Construction of Right Turn Lane, Airport Drive to Neil
Armstrong Way, MOIA was the subject of a memo to the Board from the Director of
Engineering recommending their approval and authority to advertise for bids for the
roadway improvements. 'The project is categorically exempt and does not require the
Recommended Approval of New License and Concession Agreements - Accufleet, Inc.,
and Martinair Holland was the subject of a memo to the Board from the Director of
Aviation recommending approval of new agreements with Accufleet, Inc., for access to South
Airport to provide services to airlines at 10% of gross revenue against $250.00 per month,
minimum guarantee, effective May 15, 1993; and for Martinair Holland, for preferential use
of six ticket counter positions, 406.52 square feet of office and 1,887 square feet of baggage
make-up in Building M-101, South Airport, at $125.00 per use, effective May 5, 1993. The
Consulting Agreement with Keiser and Associates for Air Cargo Marketing
Assistance was the subject of a memo to the Board from the Director of Aviation
recommending approval to continue the consulting services of Keiser and Associates to
perform air cargo marketing services during fiscal year 1994. The firm provides marketing
efforts with domestic and international air cargo carriers, forwarders, express package
carriers, shippers, U.S. Postal Service and other governmental agencies to increase air cargo
July 27, 1993
2
activity at the Airport; makes recommendations with regard to air cargo facility
requirements for both the short-term and long-tell ; and provides evaluations of emerging
trends in the air cargo industry. The firm will be compensated up to $42,000.00 for the year.
Consultant Services Contract with Roberts & Associates for Air Service Development
approval to renew the consultant services contract with Roberts and Associates, Inc., to
assist in the development and implementation of a comprehensive air service marketing
strategy. The firm will update the Airport's Air Service Analysis; assist in the development
and presentation of formal written and oral presentations to domestic and international air
carriers; conduct necessary market research; and assist in the development of cooperative
marketing campaigns between the Airport and various domestic and international air
carriers. The firm will be compensated up to $100,000.00 for fiscal year 1994. The
Consultant Services Contract with Carol H. Williams Advertising for Advertising
Services was the subject of a memo to the Board from the Director of Aviation
recommending approval to continue the contract with Carol H. Williams Advertising, Inc.,
to assist in the design, development and producing of business proposals and various
promotional items. The firm will be compensated up to $100,000.00 for the year. The
Reapproval of Plans and Specifications, Construction of Airfield Signage, MOIA
Board that the Board previously approved the airfield signage plans and specifications with
the intent that the appropriate permits would be received prior to bidding. The Corps of
Engineers permit was not received until July 21, 1993, and it is necessary to set a new date
for receipt of bids. It was recommended that the Board reapprove the project and advertise
July 27, 1993
-3-
for bids to be received on September 8, 1993. The recommendation was approved on
Authorization to Pay Relocation Benefits to Gateway Distribution Center was the
Board that the Port acquired a parcel of property located at 1776 Middle Harbor Road from
the Southern Pacific Transportation Company, for the purpose of widening Middle harbor
Road. The occupant of the property at the time of acquisition, Gateway is eligible for
relocation assistance benefits under the provisions of the Uniform Relocation Assistance and
Real Property Acquisition Act. In conjunction with their container storage move from
Middle Harbor Road to
400
Burma road, Gateway, through its parent company California
Cartage Express, has submitted a "Claim for Actual Moving Expense" in the amount of
$6,210.00, which is considered a reasonable relocation expense. In the near future,
Gateway will submit additional relocation claims related to the move of the remainder of
their business operation onto their adjacent Middle Harbor Road property. The anticipated
cost of the additional relocation claims is estimated at $100,000.00. It was recommended
that the Board authorize the payment of the "Claim for Actual Moving Expense" in the
amount of $6,210.00, and authorize the payment of subsequent relocation claims in an
amount not to exceed $100,000.00. The recommendation was approved on passage of
Resolution No.
93341.
Recommendation to Approve Agreements with Crowley Marine Services, Inc. was the
Board that Pacific Dry Dock & Repair Company, a subsidiary of Crowley Marine Service,
Inc., was a long-term tenant in two locations in the Embarcadero Cove area. Crowley has
succeeded to the interests of Pacific in the Lease. Both of the Leases have expired and are
now in holdover. Crowley has notified the Port that they will no longer be in the ship repair
business and will be vacating both sites. The sites have been contaminated to some extent
and issues have arisen about responsibility for certain underground storage tanks, asbestos,
July 27, 1993
- 4 -
and a PCB electric transformer. The Port staff has negotiated with Crowley a separate
Agreement for each site to set forth the extent to which the Port and Crowley have come
to an agreement regarding these matters. The basic terms of the proposed Agreements are
for Yard One (1441 Embarcadero), Crowley is responsible, at no cost to the Port, to remove
all asbestos on the site; Crowley is responsible, at no cost to the Port, to complete
investigation of the site in accordance with its current Work Plan; the Port would be
obligated to reimburse Crowley's investigation costs to the extent they may be proven to
result from contamination that originated on Port property and not from Crowley's conduct;
Crowley is responsible, at no cost to the Port, to investigate, remove and clean up all toxic
materials at the site as directed by any governmental authority having jurisdiction if the toxic
materials are present and result from Crowley's activities; Crowley is responsible, at no cost
to the Port, to remove the underground storage tank located in the northwest corner of the
site, and to dispose of the tank. Crowley represents the tank is not owned by and never has
been operated by Crowley. The Port has no records on the ownership of the tank. The Port
would agree to sign any manifests necessary for disposal of this tank. Neither party agrees
to be responsible for any groundwater or soil contamination that may have resulted from
any release from the tank or its piping. Except to the extent the parties expressly agree in
the Agreement, neither party releases the other for any responsibility or liability for any
toxic material or arising under the Lease, or agrees to be responsible for toxic materials.
released by any third party. The basic
WI ins
for Yard Two, (321 Embarcadero), are that
the Port is responsible, at no cost to Crowley, to remove all asbestos on the site; Crowley
is responsible for the PCB transformer until it surrenders the site and the Port is responsible
for the PCB transformer thereafter; Crowley is responsible, at no cost to the Port, to
complete investigation of the site in accordance with its current Work Plan; Crowley is
responsible at no cost to the Port to investigate, remove and clean up all toxic materials at
the site that result from the condition, use or maintenance of a certain 500 gallon
underground storage tank as directed by any governmental authority having jurisdiction;
July 27, 1993
-5-
except to the extent the parties expressly agree in the Agreement neither party releases the
other for any responsibility or liability for any toxic material or arising under the Lease, or
agrees to be responsible for toxic materials released by any third party; and the period of
limitations to commence any claim by Crowley, or the Port against the other regarding the
lease or site contamination would be tolled effective upon execution of the Agreement and
for a period of 2 years thereafter. It was recommended that Board approve a resolution
authorizing the Executive Director to execute the two Agreements with Crowley Marine
Services, Incorporated, and authorizing the Port Attorney to enter into an interim tolling
agreement on behalf of the Port with Crowley for the period during which the Agreements
are being put into final form for execution. The recommendation was approved on passage
Plans and Specifications, Construction of Passenger Rail Station Facility, Jack
London Square was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the construction of an
approximately 15,000 square foot station, rail platforms, adjacent parking lot and bus
parking facility, pedestrian bridge across the Embarcadero and miscellaneous street
improvements along Embarcadero. All railroad track and signalization work will be done
by Southern Pacific Transportation Company and is not included in the plans and
specifications. The project is being funded by the State of California through a combination
of Transit Capital Improvement grants and rail transit bonds. The Port's contribution to the
project will be the real estate value of the station site. The Negative Declaration of
environmental impact for the project was certified by the Board on April 21, 1992. The
At the hour of 4:25 p.m, the Board held a public hearing on Parcel Map 6385 (7101
Edgewater). The Map was prepared to merge a number of existing parcels. The City has
constructed the City's Municipal Service Center, located at 7101 Edgewater Drive in the
Oakland Airport Business Park on the site, and the structures located on the site were
July 27, 1993
-6-
constructed over existing lines of title. There was no further testimony on the matter. The
hearing was closed at the hour of 4:26 p.m., and the Board passed Resolution No. 93344,
authorizing the filing of Parcel No. 3685 to correct the existing lines of title.
Marinas Ordinance Revisions was the subject of a memo to the Board from the
Director of Commercial Real Estate notifying the Board that Port Ordinance 2161 contains
the rules and regulations for the Port's recreational marinas, and establishes the marina
rates and charges. Due to the increased costs and high demand, it was recommended that
the board authorize a 5% increase in marina rates for the Embarcadero Cove and Union
Point Basin Marinas to be effective September 1, 1993. Included in the increase would be
a $1.00 per foot docking fee for passengers-for-hire charter boats using Port docking
facilities in Jack London Square. The charter boats permanently berthed in Jack London
Square would pay a discounted docking rate of $0.50 per foot, to recognize their frequency
of use. Visitor berthing would be increased to $10.00 per day for 36' and under; $15.00 per
day for 37' to 55' craft; and $25.00 per day for over 55'. The recommendation was approved
on an ordinance passed to print.
Recommended Approval of New License and Concession Agreement, BNJ dba The
Ark Restaurant was the subject of a memo to the Board from the Director of Commercial
Real Estate recommending approval of a new agreement with BNJ Corporation dba The
Ark Restaurant, located at 1111 Embarcadero for 2,974 square feet of restaurant and
adjacent land, at $3,200.00 per month, vs. 7% gross receipts, effective June 1, 1993. The
Far East Sr. Advisor Contract Continuation was the subject of a memo to the Board
from the Acting Director of Maritime Activities. At the request of President Lockhart, the
item was held over for additional information.
Approval of Containment of Lead Contaminated Soil at Berth 30 by Contract or
Change Order was the subject of a memo to the Board from the Director of Engineering
notifying the Board that the Board was previously advised that approximately 15,000 cubic
July 27, 1993
-7-
yards of existing fill material excavated from Berth 30 wharf construction site contains levels
of lead that are slightly above the hazardous waste threshold. To dispose of the material,
the Port must construct a containment facility in the Berth 30 yard to encapsulate it. This
includes excavating on-site soils to provide space, placement of a liner along the bottom and
sides of the excavated area, placement of the waste, and installation of an impervious
asphalt concrete layer to cap the containment area. To meet the Berth 30 project schedule,
it is necessary to return the affected areas of the Berth 30 yard to the tenant's contractor,
who is constructing the yard improvements, by the end of August. The cost of the work is
approximately $770,000.00. It was recommended that the Port find it in the best interests
of the Port to dispense with formal bidding procedures and accomplish the described work
by contract or change order based on informal bids. The recommendation was approved
Plans and Specifications, Construction of 1.4 Acre Yard Addition to Berth 26, Outer
recommending their approval and authority to advertise for bids for the construction of a
1.4 acre yard addition to Berth 26, which includes the installation of storm drain structures,
asphalt concrete paving, relocation of an existing light pole and a fire hydrant, fencing and
striping. The 1.4 acre property was made available by the realignment of Seventh Street
west of Ferry Street, which was accomplished as part of the Berth 30 development and is
comprised of a portion of the former Seventh Street right of way. The project is covered
in by the Final Supplemental Environmental Impact Report for the Redevelopment of the
Carnation Terminal Area. The recommendation was approved on passage of Resolution
No. 93347.
Plans and Specifications, Installation of Roof Drains and Drainage Crickets,
Building C-127, 700 Ferry Street was the subject of a memo to the Board from the Director
of Engineering recommending their approval and authority to advertise for bids for the roof
work. The project is categorically exempt and does not require the preparation of an
July 27, 1993
8
93348.
Approval of Change Order for Construction of Railroad Switch of Matson CFS was
of the existing contract with Gallagher & Burk, Inc., for the realignment of Seventh Street,
west of Ferry Street, Seventh Street Terminal. The work consists of the realignment of
Seventh Street including demolition, bank work, soil densification, storm drain and sewer
systems, street lighting, new pavement and railroad tracks including two new railroad
switches. The Matson Terminal CFS Building is served by two adjacent tracks. Recently
Matson Terminal requested the Port to add a new switch to their second track at the CFS
Building so that both tracks can be used. The estimated cost to install this additional switch
is $76,900.00. It was recommended that the Board approve a change order to Gallagher &
Burk, Inc., for the construction of a new railroad switch for an estimated cost of $76,900.00.
Resources recommended the appointment of Armando Ramirez, as Youth Aide, Class "C",
effective July 14, 1993, at $8.26 per hour; Editha Hernandez, as Executive Legal Secretary
II, effective July 28, 1993, at $3,588.00 per month; Thelma Fajardo, as Port Auditor II,
effective July 28, 1993, at $3,564.00 per month; Alice Ferreira, as Executive Legal Secretary
I, effective July 28, 1993, at $3,403.00 per month; Mary Gonzales Jew, Executive Legal
Secretary I, effective July 28, 1993, at $3,403.00 per month; Faith Fuller-Tompkins, as
Personnel Technician, effective July 14, 1993, at $3,021 per month; Cynthia Bodenlos,
Airport Public Relations/Communications Representative, effective August 16, 1993, at
$4,058.00 per month; Lisa Bartlow, as Port Claims Administrator, effective August 9, 1993,
at $4,971.00 per month; Edward French, as Equipment Systems Engineer, effective July 28,
1993, at $4,087.00 per month; Hans Miller, as Equipment Systems Engineer, effective August
9, 1993, at $4,087.00 per month; Gennise Kilgore, as Port Purchase Order Contract
July 27, 1993
-9-
Administrator, effective August 16, 1993, at $3,458.00 per month; and Geanine ForbesHughes, as Inteimediate Stenographer Clerk, effective July 19, 1993, at $2,432.00 per month.
Also recommended was the amendment of appointment date for Anthony Puig, Port Job
Researcher, to reflect August 2, 1993, as his start date; reassignment of salary schedule for
the position of "Port Senior Technical Support Analyst" to Salary Schedule 241; examination
announcement for the position of Port Programmer Analyst; requests for leaves of absence
for Kimberly Linderme and Faith Fuller-Tompkins from their Civil Service positions of Port
Personnel Clerks, to accept the exempt positions of Personnel Technicians; a medical leave
of absence for Jack Trollinger, Semi-skilled Laborer, for 38 additional days; and medical
leave of absence for Pamela Winn, Airport Serviceman, for 89 working days. The
recommendations were approved on passage of Resolution No. 93350 for appointments;
Resolution No. 93351 for amending start date; Resolution No. 93352 for examination
announcement; Resolution No. 93353 for leaves of absence; and on an ordinance passed to
print for salary schedule.
Crane Insurance was the subject of a memo to the Board from the Director of
Human Resources notifying the Board of the difficulty in placing the Earthquake insurance
on the cranes previously authorized at the Board Meeting of May 18, 1993. It was
recommended that the Board authorize an additional premium not to exceed $320,000.00
to complete the earthquake insurance placement on the Port owned cranes, and crane rails.
Amendment to Ordinance Identifying Port Contributions for Health Premiums was
the subject of a memo to the Board from the Director of Human Resources notifying the
Board that effective August 1, 1993, the premium rates for the Port's medical and hospital
services, with the PERS Kaiser North Health Plan will be decreased from $433.11 to $423.71
per month for the next twelve month period. As in the past, the Port will pay for each
employee a cost equal to the complete employee premium coverage, and dependent
premium coverage if applicable, of the amount charged by PERS Kaiser North Health Plan.
July 27, 1993
- 10 -
It was recommended that the Board approve the amendments to the Port ordinance
pertaining to the Public Employees Retirement System Health Plan agreement covering the
Port's contributions for health care coverage. The recommendation was approved on an
Premium Rate Increase for Employee Assistant Program was the subject of a memo
to the Board from the Director of Human Resources notifying the Board that the premium
rates for the Port's Employee Assistance Program's managed benefit plan group enrollment
agreement, administered through U.S. Behavioral Health Plan, increased from $11.82 to
$13.41 per month for each subscriber, a 13.5% increase. It was recommended that the
Board recognize the recommended fee increase for the Port's Employee Assistance
Program's managed benefit plan group enrollment agreement, administered through U.S.
Behavioral Health Plan. The recommendation was approved on passage of Resolution No.
93355.
vote:
Ayes:
Noes:
None
Absent:
Commissioners Cole and Vohs - 2
RIGHT TURN LANE, AIRPORT DRIVE TO NEIL ARMSTRONG WAY,
SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,
AND CONCESSION AGREEMENTS WITH ACCUFLEET, INC., AND
MARTINAIR HOLLAND."
July 27, 1993
- 11 -
KEISER AND ASSOCIATES FOR AVIATION CONSULTING SERVICES
FINDING AND DETERMINING THAT A PROPOSED FIFTH
SUPPI EMENTAL AGREEMENT WITH ROBERTS & ASSOCIATES, INC., FOR
AVIATION CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR
FIFTH SUPPLEMENTAL AGREEMENT."
CAROL H. WILLIAMS ADVERTISING FOR AVIATION CONSULTING
AIRFIELD SIGNAGE, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA (AIP NO. 3-06-0170-04); AND CALLING
FOR BIDS THEREFOR."
APPROVING AND AUTHORIZING RELOCATION PAYMENTS TO
GATEWAY DISTRIBUTION CENTER."
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENTS WITH
CROWLEY MARINE SERVICES, INC."
PASSENGER RAIL STATION FACILITY, JACK LONDON SQUARE,
APPROVING PARCEL MAP NO. 6385 (7101 EDGEWA1ER)."
AND CONCESSION AGREEMENT WITH BNJ CORPORATION DBA ARK
RESTAURANT."
July 27, 1993
- 12 -
FINDING IT IS IN THE BEST IN'T'EREST OF THE PORT TO DISPENSE WITH
FORMAL BIDDING PROCEDURES FOR THE CONSTRUCTION OF
CONTAINMENT FACILITY AND PLACEMENT OF LEAD CONTAMINATED
SOIL AT BERTH 30, OUTER HARBOR 'TERMINAL, OAKLAND,
CALIFORNIA (TN 14, "PROJECT') BY A NEW CONTRACT OR A CHANGE
ORDER."
APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF 1.4
ACRE YARD ADDITION TO BERTH 26, OUTER HARBOR '1ERMINAL,
APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF ROOF
DRAINS AND DRAINAGE CRICKETS, UILDING C-127, 700 FERRY
STREET, OAKLAND, CALIFORNIA; AND CALLING FOR BIDS THEREFOR."
FOR APPROVAL OF CHANGE ORDER FOR CONSTRUCTION OF
RAILROAD SWITCH AT MATSON TERMINAL CFS BUILDING, OAKLAND,
CALIFORNIA."
APPOINTMENTS."
PORT PROGRAMMER ANALYST."
CONCERNING CERTAIN LEAVES OF ABSENCE."
AUTHORIZING PLACEMENT OF CRANE INSURANCE."
July 27, 1993
- 13 -
RATIFYING RENEWAL OF AGREEMENT WITH U.S. BEHAVIORAL
HEALTH PLAN FOR EMPLOYEE ASSISTANCE PROGRAM AND CHEMICAL
DEPENDENCY BENEFIT PLAN SERVICES AND APPROVING RAPE
INCREASE."
LEASE WITH UP-RIGHT, INC., AND DIRECTING RECORDATION THEREOF" and
NO. 867 TO CREATE ADDITIONAL POSITIONS OF ASSOCIATE PORT
ENVIRONMENTAL PLANNER, ASSOCIATE PORT ENVIRONMENTAL SCII:NTIST,
PORT AUDITOR II, PORT SENIOR AUDITOR AND TO CREATE ON NEW
POSITION OF EXECUTIVE LEGAL SECRETARY II AND TWO NEW POSITIONS
OF EXECUTIVE LEGAL SECRETARY I, TO ASSIGN A SALARY SCHEDULE TO
PORT PROGRAMMER/ANALYST AND TO REVISE THE SALARY SCHEDULE
FOR THE POSITION OF PORT PERSONNEL ANALYST', and Port Ordinance No. 3162
being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2581 AND
ESTABLISHING A SCHEDULE OF CHARGES AND FEES FOR THE PREPARATION
OF ENVIRONMENTAL DOCUMENTS, REVIEWS FOR EXEMPTION AND FOR
ERMINATION AND NOTICES OF EXEMPTION", were
FILING NOTICES OF DETERMINATION
read a second time and passed by the following vote:
Ayes:
Noes:
None
Absent:
ORDINANCE NO. 2161 ESTABLISHING THE RULES AND REGULATIONS FOR
THE PORT OF OAKLAND'S MARINAS AND FOR FIXING THE RAPES AND
CHARGES IN CONNECTION THEREWITH", and Port Ordinance No. July 27, 1993
- 14 -
being,
"AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO REVISE THE
SALARY SCHEDULE FOR THE POSITION OF PORT SENIOR'TECHNICAL
SUPPORT ANALYST AND TO AMEND SECTION 1.336", were read a first time and
Ayes:
Noes:
None
Absent:
Port Ordinance No, being, "AN ORDINANCE AMENDING SECI1ON 2
OF PORT ORDINANCE NO. 1166 RELATING TO THE CONTRIBUTIONS OF THE
PORT TOWARD THE COST OF EMPLOYEE AND RETIREE GROUP HEALTH
INSURANCE", was read a first time and passed to print by the following vote:
Ayes:
Commissioners Broussard, Kramer, Loh and
Noes:
Abstained:
Absent:
None
Commissioners Cole and Vohs
seconded.
July 27, 1993
- 15 -
OF THE
CITY OF OAKLAND
The regular meeting scheduled for Tuesday, August 3, 1993 was adjourned by the
Secretary of the Board to Tuesday, August 10, 1993, at the hour of 3:00 p.m., in the office
of the Board, second floor, 530 Water Street, Oakland, California, due to the absence of all
the members of the Board.
The meeting, formal portion, was reconvened on Tuesday, August 10, 1993, at the
hour of 3:25 p.m., in the office of the Board, second floor, 530 Water Street, Oakland,
California, President Lockhart presiding, appropriate notice having been given and posted.
An informal portion was held during the period from 3:00 p.m., to 3:25 p.m., during which
time the Board received the Annual Equal Opportunity Report.
Commissioners present: Broussard, Cole, Kramer, Lob, Ortiz
Vohs and President Lockhart - 7
Commissioners absent: None
Also present were the Executive Director; Deputy Executive Director; Director of
Aviation; Director of Human Resources; Assistant Port Attorneys, Thomas Clark and John
Nolan; Chief Engineer; Director of Finance; Director of Equal Opportunity; Director of
Commercial Real Estate; Senior Commercial Representative; and Secretary of the Board.
President Lockhart tnfouned the Board that he would call for a closed session at the
Report of the Port Attorney on Litigation Matters as provided for under Government Code
Section 54956.9 (a); pending litigation as provided for under Government Code Section
54956.9 (b) and (c); and to provide instructions to negotiators concerning certain renewals
of existing License and Concession Agreements on the Airport, as provided for under
Commissioner Kramer, Chair of the Human Resources Committee, informed
Commissioner Vohs, Chair of the Audit and Finance Committee, informed the Board
Commissioner Vohs, Chair of the Maritime Committee, informed the Board that the
Approval to Solicit Proposals for Completion of Security System, South Airport was
the subject of a memo to the Board from the Director of Engineering recommending
approval to advertise a request for proposals for completion of the security system at the
South Airport. The contract with Information Systems and Networks Corporations (ISN)
for installing the security system was terminated by the Board on December 15, 1992 due
to ISN's failure to perform. Subsequently, it was determined that the ISN-Installed
Automated Access Control. System should not be completed because the Port could not be
assured of obtaining software licensing, source code in escrow, and warranty and
maintenance of the software and AACS hardware. The scope of work specified in the RFP
consists of (1) retrofit installation of a Software House C-CURE 3000 AACS, or Portapproved equal AACS; (2) trouble-shooting and completion of the installed closed circuit
television system for integration with the AACS; (3) an upgrade or replacement of the
existing badging system for integration with the AACS; (4) trouble-shooting and completion
of the installed fiber optic network; (5) trouble-shooting and completion of the installed
intercom system; (6) completing installation of vehicle gates; (7) trouble-shooting and
completion of the installed taxilane photoelectric barrier; (8) completion of three installed
security consoles; and (9) furnishing maintenance and service of the entire security system
for three years. The FAA has provided preliminary approval of the proposed method of
awarding the contract and will be providing final approval of the plans and specifications
by August 16, 1993. It was recommended that the Board find and determine that it is in the
best interest of the Port to dispense with formal bidding procedures for completion of the
August 10, 1993
2
Airport security system and that the Executive Director be authorized to complete the plans
and specifications incorporating comments from the FAA and following formal approval
of the FAA be authorized to execute a contract based on the receipt of informal proposals.
Modification of Agreement, Architectural Services for Gate 26A, Terminal IL South
Airport was the subject of a memo to the Board from the Director of Engineering notifying
the Board that the Board previously approved an agreement with The Ratcliff Architects
to provide architectural services for Gate 26A, Terminal II. Southwest Airlines is now using
Gate 26A and has requested that it be improved to be more convenient for their passengers.
In order to meet Southwest Airlines' schedule, the initial plan was to complete the design
begun earlier because it was approximately eighty-five percent complete. During
preparation of the agreement, an opportunity arose to modify the design approach to
achieve optimum functionality of the available space and capability of the structural and
architectural appearance of the terminal. The new design will provide a second floor
holdroom with direct access to an additional loading bridge to be installed by Southwest.
It was recommended that the Board authorize modification to the agreement with Ratcliff
Architects for architectural design services which will modify the scope of work to
accommodate the desired new design. It is proposed that IRA be paid at agreed hourly
rates to a new maximum payment of $130,000.00 with certain additional work available at
the discretion of the Executive Director. The recommendation was approved on passage
Authorization for Open Market Procurement of Emergency Dispatch
Telecommunications Equipment was the subject of a memo to the Board from the Director
of Aviation recommending approval to purchase and install electronic emergency
telecommunications equipment and authorize dial-out-notification services through openmarket procurement for approximately $24,000.00 with a monthly expense of $500.00. The
various communication systems are over 30 years old and are not centralized in the
August 10, 1993
-3-
Emergency Dispatch Center. The Airport has grown so rapidly that the telephone network
connecting the tenants and the Airport operating groups has become limited. There is an
immediate requirement for electronic communications equipment and dial-out-notification
services in the Emergency Dispatch Center at the Airport. These enhancements are
required in order to notify all agencies and key personnel in case of an emergency, provide
better customer services, reduce call processing delays, and enhance the capability of
emergency telecommunications at the Airport. The recommendation was approved on
Approval to Hold Harmless Agreement to Federal Express During Taxiway 5
Construction w as the subject of a memo to the Board from the Director of Aviation
notifying the Board that the Port is currently undertaking improvements to Taxiways 2 and
5 and to accomplish this work while maintaining the operational capability of the Airport,
a detailed phasing program has been developed. A major component of the program is the
temporary use of a portion of Federal Express' aircraft parking apron by non-Federal
Express aircraft which need to move between the North and South Airports or require
access to the United Airlines maintenance base. Federal Express has requested an
indemnity from the Port to Federal Express for any damages and/or liability arising from
the use of Federal Express' ramps by the Port and other users. The have also requested
that the Port follow an established safety monitoring program in conjunction with Federal
Express and require airlines using the ramp to maintain certain insurance coverages. It was
recommended that the Board approve the appropriate Hold Harmless Agreement to
Federal Express during the Taxiway 5 construction project. The recommendation was
Recommended Approval of New License and Concession Agreement with Existing
Tenant - Emery Worldwide Airlines, Inc. was the subject of a memo to the Board from the
Director of Aviation recommending approval of a new agreement with Emery Worldwide
Airlines, Inc. for 748 square feet of office space in Building L-107, North Airport, at
August 10, 1993
-4-
$1,019.87 per month, effective March 1, 1993. The recommendation was approved on
Recommended Annroval of License and Concession Agreement and Agreement to
Renew License and Concession Agreement for Terminal I - American Airlines. Inc. was the
American Airlines, Inc. has been a Port tenant since 1988 in Terminal I on the South
Airport. They have occupied various space under the holdover provisions of a License and
Concession Agreement which expired on December 31, 1991. To protect the Port, it is
necessary that there be no lapse in agreements with tenants and it was recommended that
the Board approve a new License and Concession Agreement with American, commencing
January 1, 1992 and expiring December 31, 1992, and enter into a succeeding agreement to
renew License and Concession Agreement for the term of one year, commencing January
1, 1993, and expiring December 31, 1993. On January 1, 1992, rent was adjusted to
$25,535.04 per month and on January 1, 1993, rent was adjusted to $24,010.70 per month
based on the applicable airline rates and charges Ordinance. The recommendation was
Recommended Approval for License and Concession Agreement and Agreement to
Renew License and Concession Agreement for Vehicle Maintenance Building - American
Airlines, Inc., was the subject of a memo to the Board from the Director of Aviation
recommending approval of agreements to cover 564 square feet of shop space in the Vehicle
Maintenance Building M-128, on the South Airport. The new agreement would have a oneyear tein , commencing February 1, 1992, and expiring January 31, 1993, and a succeeding
agreement to renew License and Concession Agreement for the term of one year or less
with American to expire January 31, 1994. The recommendation was approved on passage
Release of Flightcraft, Inc.. from Liability Under Industrial Net Lease was the
subject of a memo to the Board from the Director of Aviation notifying the Board that Pape
August 10, 1993
-5
Properties, Inc., has a leave covering the Executive Terminal, Hangar 5, and primary fueling
rights at the North Airport. The entire leased premises are operated by Flightcraft, Inc., an
aircraft sales and service fixed based operator, under a Port-approved sublease from Pape,
its sister company. Pape also has an interest as sublessor in a sublease covering a portion
of the premises with Earhart Associates as sublessee. Flightcraft also has an interest as a
tenant in an industrial net lease covering a portion of the premises with Earhart Associates
as lessor. The Board gave consent to the assignment of all the agreements, except the
Flightcraft sublease which will be terminated, to KaiserAir, Inc., a fixed base operator at the
North Airport. The Board also consented to the release of Pape from any obligation or
liability arising under the above agreements after the assignment. Flightcraft has requested
similar Port consent to its release from an obligation or liability arising under the industrial
net lease and it was recommended that the Board pass a resolution releasing Flightcraft
from liability under the industrial Net Lease for acts occurring after the date of the
assignment of its leasehold interest to KaiserAir, Inc. The recommendation was approved
Approval of Lease Agreement with Islandia Home Owners Association to Install
Noise Monitoring Microphone was the subject of a memo to the Board from the Director
of Aviation notifying the Board of the noise monitoring system for the Airport to enhance
the Airport's noise management program. The terminals must be located in areas where
noise readings are desired; and to date, all are located off the Airport on private property.
Lease agreements must be obtained from the property owner to permit installation and
maintenance of the terminal. Four of the terminals are now located in Alameda and San
Leandro on property owned by either the cities or a homeowners association. Arrangements
have been made with Islandia Homeowners Association in Alameda to enter into a lease
agreement to install the fifth terminal and it was recommended that the Board authorize
the Executive Director to enter into a lease agreement with Islandia Homeowners
Association for installation of a noise monitoring terminal. The basic terms of the
August 10, 1993
-6-
agreement includes monthly payment to the City of Alameda for electricity use, the tei
to run to September 7, 2002, including a 90-day termination notice, and may be renewed at
that time, and the Airport will provide the Association with a copy of the Quarterly Noise
Report, as submitted to the State of California. The recommendation was approved on
Recommended Adjustment to Passenger Use Fee for International Arrivals Facility
that the airlines using the International Arrivals Building pay a deplaning fee of $7.15 per
passenger. The Airport will experience a significant increase in international traffic with
additional flights by LeisureAir and the continued Martinair service. It is forecast that
international passenger levels will increase to 90,000 for CY 1993 and to an estimated
130,000 for CY 1994. At this forecast level, it is possible to achieve cost recovery and
reduce the per passenger fee to $3.00. This fee will be adjusted annually with other airline
rates and charges and it was recommended that the Port approve a change to Section 10.2
of Port Ordinance 1149 to reflect a $3.00 per passenger fee for passengers utilizing the
International Arrivals Building. The recommendation was approved on an ordinance
passed to print.
Approval of Specifications for Service and Maintenance for Passenger Loading
Bridges, South Airport was the subject of a memo to the Board from the Director of
Engineering recommending their approval and authority to advertise for bids for the work.
The work consists of providing general maintenance, straight time and premium time labor
for trouble-shooting and repairs, and labor for the replacement of ball screws and canopies
on the twenty-one passenger loading bridges serving the South Airport. The specifications
include provisions for annual renewal of the maintenance contract for a period of up to two
years beyond June 30, 1996, and for terminating the contract without reason on each
anniversary of the effective date of the contract. The recommendation was approved on
August 10, 1993
-7
Building Permit Application Southwest Airlines Company Tenant Improvements Terminal II, #1 Airport Drive was the subject of a memo to the Board from the Director
of Engineering recommending approval for the construction of interior improvements to
their leased space in Terminal II. The proposed work will take place in four non-contiguous
areas. The estimated cost of the proposed work is $145,000.00. The project is categorically
Award of Contract, Modification of Building L-107 Office Space, North Airport was
of the four bids received arid recommending award of the contract to East Bay Construction
and Remodeling Co., the low bidder, at $34,000.00. The recommendation was approved on
Award of Contract and Rejection of Bid for Removal, Disposal and Replacement of
PCB Contaminated Concrete Floor, Building L-741, North Airport was the subject of a
memo to the Board from the Director of Engineering notifying the Board of the three bids
received and recommending award of the contract to Iconco, the second bidder, at
$61,000.00. It was also recommended that the Board determine the low bidder, Zaccor
Companies, Inc., not to be a responsible bidder as defined in Section V.B. of the Port's
Affirmative Action Provisions for the purposes of this contract, and that their bid be
rejected. The recommendation was approved on passage of Resolution No. 93368.
Bankers Trust Loan Extension and Modification was the subject of a memo to the
Board from the Director of Commercial Real Estate notifying the Board that Oakland
Portside Associates entered into a loan agreement with Bankers Trust Company on June
21, 1988 that provided for up to $40 million for construction and leasing of certain assets
within Jack London Square. The loan is secured by a deed of trust on OPA's ground leases
from the Port of five parcels in Jack London Square. The loan contained a one-time option
to extend for a period of two years with the payment of a 25 Basis Point fee and an increase
August 10, 1993
-8-
in the interest rate of 50 basis points. The initial term of the loan ended June 30, 1993, but
OPA and BTCO agreed to extend the initial term to August 31, 1993 in order to complete
the extension and modification of the Loan on terms other than those contained in the
Option. Oakland Portside Associates and Bankers Trust Company have reached agreement
in principle to modify and extend the loan on the following major terms and conditions: the
term of the extended loan will be for five more years and will be due June 30, 1998; the
interest rate for the first two years will be 175 basis points over the Eurodollar Rate for the
elected fixed rate period for a total rate of 5
V4 %,
and for the remaining three years of the
loan term, the premium will increase by 50 basis points for a total of 225 basis points over
Eurodollar Rate for a total of 53/4 % at today's offered rate; an extension fee of 25 basis
points will be paid to BTCO (HPI Realty Partners would also be paid a fee of 50 basis
points for negotiating the extension and modification); the existing Interest Guaranty by the
Port that has a balance of $595,000.00 as of June 30, 1993 will be increased by an additional
$1,000,000.00; Bankers Trust will receive principal payments to the extent there is excess
cash flow available after expenses, debt service and capital expenditures; the five ground
leases between the Port and OPA are to be amended to provide that the subordination of
the ground rent will be extended to ten years beyond the period that Bankers Trust is a
lender on the project, and in the event of a foreclosure by Bankers Trust, no ground rent
shall be owed for a period of forty (40) years from the date of foreclosure; and the Port of
Oakland will amend the sublease of its office space at 530 Water Street to reflect the terms
and conditions of a standard office lease ($21.00 per square foot - full service). It was
recommended that the Board pass a resolution approving the loan extension and
modification and authorize the execution of the necessary documents. The recommendation
M and N Truck Lines, Inc.. - Sublease to National Furniture Liquidators, Inc., was
the subject of a memo to the Board from the Director of Commercial Real Estate notifying
the Board that the Board previously approved a sublease between M and N Truck Lines
August 10, 1993
-9
(Port Lessee) and Pacific Commodities, a CFS (container freight station) operator
specializing in the warehousing and distribution of cocoa beans. The sublease was for
44,792 square feet of warehouse space and 4,400 square feet of office space in Port Building
H-232, located at 845 Embarcadero and that the Sublease Amendment has not become
effective. M and N has submitted another proposed sublease for Port approval. The new
sublease is with National Furniture Liquidators, Inc., for the storage, distribution, and sale
of new and used furniture. Upon review, National appears to be acceptable as a potential
subtenant and will occupy the premises on September 1, 1993 for the remainder of the lease
tent' and under the same terms and conditions of the original lease. M and N will remain
liable for performance of the lease. The sublease document contains a statement entitled
"Lessor's Consent to Sublease" which the parties have requested the Port to execute. It was
recommended that the Board approve the sublease to National Furniture Liquidators and
authorize the execution of the "Lessor's Consent to Sublease". The recommendation was
Oakland Spaghetti Restaurant, Inc. - Third Supplemental Agreement was the subject
that the Old Spaghetti Factory Restaurant occupies 12,400 square feet of space in Port
Building F-107 under the teens of a twenty-year Lease Agreement. The First Supplemental
Agreement to the Lease amended the legal description, by the addition of 1,300 square feet
of outside area adjacent to the restaurant. This was for the purpose of constructing and
outdoor eating area. To date, this outdoor eating area has not been built. The restaurant
has recently submitted plans for the construction of the outdoor eating area which
necessitates a further revision to the legal description, by the deletion of a portion of the
original area and the addition of another portion resulting in a net decrease of 454 square
feet. It was recommended that the Board approve the Third Supplemental Agreement to
the Lease providing for the newly defined outdoor area. The recommendation was
approved on an ordinance passed to print.
August 10, 1993
- 10 -
First Supplemental Agreement - Starr - KARL was the subject of a memo to the
Board from the Director of Commercial Real Estate notifying the Board that the radio
station occupies an area of approximately 10.71 acres of land and water area on the
northerly side of the Bay Bridge approaches for its radio station and transmitter site under
an expired 10 year lease. It was recommended that the Board approve a five-year lease
extension with a monthly rent of $2,859.72 with an annual adjustment based on the
Consumer Price Index. The recommendation was approved on an ordinance passed to print.
Far East Sr. Advisor Contract Continuation was the subject of a memo to the Board
from the Acting Director of Maritime notifying the Board that in 1965 the Port of Oakland
hired Shoichi Kuwata as the Director of the Far East domiciled in Tokyo and supervising
agents in Korea, Taiwan, and Hong Kong. Mr. Kuwata functioned in that capacity until
March 1983, when he retired from that full-time position and became the Port of Oakland's
Senior Advisor. Mr. Kuwata's contract as Senior Advisor was effective April 1, 1983 through
March 31, 1993, at a compensation level of Y 302,195 per month. It is desirable to retain
Mr. Kuwata as he will be an invaluable asset as the Port moves through the transition
period of hiring a new Japan agent. It was recommended that the Board extend his previous
contract for services as the Port of Oakland's Senior Advisor in Tokyo at the same
compensation level as his previous contract, Y 302,195 per month, subject to termination
by either party on sixty days prior notice. The recommendation was approved on passage
Agreement for Engineering Services for Modifying Crane X-422 was the subject of
a memo to the Board from the Director of Engineering notifying the Board that Cranes X421 and X-422, located at Berth 38, were declared surplus by the Board at its September
18, 1992 meeting and approval given to solicit proposals for their sale. To date, no firm
proposals have been received and the cranes are not being used. Crane X-422 is a 40-long
ton crane and Marine Terminals would like to be able to use the crane at another berth.
This would require modifying the crane by changing the gauge from 96 feet to 100 feet,
August 10, 1993
- 11 -
raising the crane to increase the lift height to 100 feet, replacing the cab, increasing the
hoisting speed, installing a man lift, changing the power pick-up system, and other minor
modifications. To accomplish these changes, it was recommended that the Board find and
determine that the services are professional in nature and approve the preparation and
execution of an agreement with PACECO Corporation, the manufacturer of the crane, as
they have the original design calculations and drawings. PACECO's price for performing
the engineering calculations and developing design drawings for raising the cranes and
changing the gauge and providing a cost estimate is $100,000.00, with certain additional
work available at the discretion of the Executive Director. The recommendation was
Secondary Use Request of Matson Terminals, Inc. for Joint Operations of Blue Star
Line and Columbus Line was the subject of a memo to the Board from the Acting Director
of Maritime notifying the Board that Matson Terminals, Inc. has requested that the Port
authorize Matson to provide terminal services for Blue Star Line and Columbus Line at
Matson's Seventh Street Container Facility. Blue Star Line and Columbus Line operate a
joint service in the Australia/New Zealand - U.S. West Coast trade. At one time both lines
conducted individual operations in Oakland. Blue Star Line previously called the Seventh
Street Marine Container Terminal while Columbus Line formerly conducted operations at
Matson's facility. The two lines now desire to relocate their joint operations from the Port
of San Francisco back to Oakland. The Lease and Agreement with Matson Terminals
stipulates that any use of the premises by third parties will be subject to a reasonable charge
by the Port, fifty percent (50%) of the Port tariff terminal charges. The Lease and
Agreement specifically excludes assessment of such Port charges for four previously
"grandfathered" lines including Columbus Line. The Port previously reserved the right to
withdraw the Matson approval to accommodate Columbus Line after one year's use upon
giving of three months prior written notice. The secondary use of the Matson Terminal by
Columbus Line will continue to be governed by this condition upon re-commencement of
August 10, 1993
- 12 -
operations in Oakland. It was recommended that the Board approve the request of Matson
Terminals, Inc., to provide the terminal services. The recommendation was approved on
passage of Resolution No. 93374 for Columbus Line and Resolution No. 93375 for Blue Star
Line.
Approval to Assess Penalty to General Construction Comm for Adding
Subcontractor was the subject of a memo to the Board from the Director of Engineering
notifying the Board of the contract with General Construction Company for construction of
Berth 30 Wharf, Seventh Street Terminal, and that the General Provisions of the Contract
Specifications state, "Subletting or subcontracting of any portion of the work in excess of one
half of one percent (1/2 of 1%) of the Contractor's total bid as to which no subcontractor
was designated in the original bid shall only be permitted in cases of public emergency or
necessity, and then only after a finding reduced to writing as a public record of the Board
setting forth the facts constituting the emergency or necessity". General Construction
informed the Port that, due to their lack of rail experience and the benefit of quality work,
they were requesting permission to add Industrial Railways Co. to perform the railroad and
crane work. General has been informed of the penalty provisions and have replied that they
are proceeding with a subcontract to Industrial Railways for $127,249.00. It was
recommended that the Board assess a penalty of 10%, or $12,724.90. The recommendation
Approval to Dispose of Berth 30 Lead-Contaminated Soils Off Site was the subject
of a memo to the Board from the Director of Engineering notifying the Board of the
previous authority to solicit informal proposals for the containment of lead-contaminated
soil at Berth 30. The specifications describing the work included an alternate for disposal
of the lead-contaminated soil off-site at a Class II or comparably permitted disposal facility.
It was anticipated that the cost for off-site disposal would be substantially higher than on-site
disposal and that future monitoring and permit fee costs would be short term and low cost.
The additional cost for off-site disposal is now low enough to reconsider the off-site disposal
August 10, 1993
- 13 -
alternative because it offers certain advantages over constructing a containment facility for
burying the lead-contaminated soil on-site. These advantages include flexibility with respect
to future yard improvements, eliminating the need for monitoring the containment facility
and eliminating the uncertainty that future costs of ongoing monitoring and permit fees
associated with on-site disposal may increase and could continue indefinitely. It was
recommended that the Board authorize an additional $70,000.00 to the previously approved
$770,000.00 for a total of $840,000.00 for the disposal of the lead contaminated soil off-site.
Agreement for Engineering Services to Raise Cranes X-415 and X-416 by 20 feet was
of the need to raise the Hitachi cranes at Howard Terminal to make the terminal more
attractive to future potential users. To increase the lift height of the cranes to handle ships
with containers stacked 6 high on deck, the cranes need to be raised 20 feet. The cranes
are presently close to the maximum height allowed by FAA. The Navy has indicated that
they have no objection to raising the allowable height of the cranes, so it is assumed that
FAA will approve raising the present height limits by 20 feet. To design the modification
to the cranes for raising them 20 feet, it is best to deal with the manufacturer of the cranes
since they have the original design calculation and drawings. Hitachi has indicated verbally
in the past that they were not interested in modifying the cranes and it was recommended
that the Board authorize a professional services agreement with Liftech Consultants, Inc.,
to perform the work. The design work and preparation of plans, specifications, and cost
estimate are estimated to cost $113,000.00 with certain additional work available at the
discretion of the Executive Director. The recommendation was approved on passage of
Plans and Specifications, Asphalt Concrete Paving at Former Sherex Site was the
approval and authority to advertise for bids for the yard improvements. The scope of work
August 10, 1993
- 14 -
consists of construction of asphalt concrete pavement, modifications to the existing stonn
drainage system, striping, electrical work and associated minor work. The environmental
document associated with the purchase of the property in 1986 covers the project and the
necessary permits are expected within 45 days. The recommendation was approved on
Plans and Specifications, Regrouting Waterside Crane Rail Berths 35-37, Seventh
Street Terminal was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the work. The work
consists in general of the removal of existing asphalt concrete, deteriorated grout, crane rail
and hardware; and the cutting, welding and reinstallation of the crane rail with new
hardware, epoxy grout bearing surface and asphalt concrete. The project is categorically
Award of Contract, Asphalt Concrete Overlay, Berths 20 and 21 Yard. Outer Harbor
notifying the Board of the six bids received and recommending award of the contract to
Gallagher & Burk, Inc., the low bidder, at $2,296,539.00. The recommendation was
Award of Contract, Dredging of Berths 9, 22, 24, 26 and the Interconnecting Channel
30, 32, 33, 34 and 37 and the Oakland Outer Harbor Channel Area was the subject of a
memo to the Board from the Director of Engineering. At the request of Commissioner
Kramer, the item was held over until the Board's next meeting.
Award of Contract, Reroofing Portion of Buildin g
77 Seventh Street was the
four bids received and recommending award of the contract to State Roofing System's, Inc.,
the low bidder, at $40,004.00. The recommendation was approved on passage of Resolution
No. 93382.
August 10, 1993
- 15 -
Award of Contract, Replacement of Fuel Storage Tank CF-04 at Berth 25 was the
four bids received and recommending award of the contract to RAMCON, the low bidder,
at $140,093.50. The recommendation was approved on passage of Resolution No. 93383.
Modification of Hazardous Cargo Provisions and Implementation of Toxic Materials
Rules and Regulations in Port of Oakland Tariff No. 2-A was the subject of a memo to the
Board from the Acting Director of Maritime recommending approval to amend the tariff
to include specific provisions on environmental indemnity and protection, consistent with
local, state and federal laws. The recommendation was approved on passage of an
ordinance to print.
Fifth Supplemental Agreement with Norsul Internacional, S.A. was the subject of a
memo to the Board from the Acting Director of Engineering notifying the Board that the
Port has a Terminal Use Agreement with Norsul Internacional S.A., a Brazilian corporation,
for use of the Charles P. Howard Terminal for their U.S. West Coast and Brazil service.
The line has requested that the Board authorize a Fifth Supplemental Agreement to modify
the expiration provisions of the Terminal Use Agreement which also provided for an
additional one month extension upon Port notice, pending finalization of terms for the new
TUA. The recommendation was approved on passage of Resolution No. 93384.
Urgent Action to Replace Cabs on Paceco Cranes X-411 and X-412 was the subject
of a memo to the Board from the Director of Engineering notifying the Board that during
inspection of the cabs on the cranes, cracks were discovered. A complete inspection of the
cabs necessitates the complete replacement of the cabs at an estimated cost of $240,000.00.
It was recommeneded that the Board find and determine that it is in the best interest of the
Port to dispense with formal bids and execute a contract with Paceco for the work. The
emergency repair work was not discovered until after the Board's calendar had been posted
for the public and the necessary determination to take action subsequent to the agenda
being posted August 6, 1993 as provided under Government Code Section 54954.2 was
August 10, 1993
- 16 -
approved on passage of Resolution 93385. The recommendation for emergency repair work
Resources recommended the appointment of Joan Webster, as Assistant to the Director of
Human Resources, effective August 11, 1993, at $4,971.00 per month; Steven Gregory, as
Associate Port Strategic Planner, effective August 11, 1993, at $4,602.00 per month; and
Sandy Chan Chu, as Senior Account Clerk, effective August 16, 1993, at $2,751.00 per
month. Also recommended was the assignment of Salary Schedule 258 to the previously
created exempt classification of "Minority Business Outreach Coordinator". Further
recommended was the creation of Classifications and Assignment of Salary Schedules for
Principal Port Safety Administrator, Salary Schedule 271.17; Senior Port Strategic Planner,
Salary Schedule 266; and Port Technical Support Analyst IV, Salary Schedule 252; the
approval of job specifications for the Port-unique Civil Service classifications of "Principal
Port Safety Administrator'', "Senior Port Strategic Planner" and "Port Technical Support
Analyst IV"; the assignment of salary rates for Thomas Lyles, Rodney Becker, Port Senior
Technical Support Analysts in the Management Information Systems Department of the
Finance Department, to rate "c" of Salary Schedule 241, effective August 11, 1993; and a
retitling of classification of the Civil Service classification of "Port Senior Technical Support
Analyst" to "Port Technical Support Analyst III". Additionally recommended was the
medical leave of absence of Denise Sullivan, Intermediate Stenographer Clerk, for 38
working days. The recommendations were approved on passage of Resolution No. 93387
for appointments, Resolution No. 93388, assigning salary rate; Resolution No. 93389 for
leave of absence; Resolution No. 93390 for job specifications; on an ordinance passed to
print for creation of salary schedule; and for creation of classification and retitling of
classification.
Travel Authorizations contained in a memo to the Board from the Secretary of the
Board recommended the travel of the Acting Director of Maritime, John Nolan and the
August 10, 1993
- 17 -
Manager of Marine Marketing, Terri Nardi, to Tokyo, Japan and Hong Kong, B.C.C, to
interview candidates for the Port's Far East Representative on or about the period August
20, 1993 to August 27, 1993; the continued travel of the Manager of Marine Marketing to
Seoul, Korea and Tapei, Taiwan to meet with the Port's representatives through the period
of August 30, 1993; and the travel of Commissioner David Kramer and Secretary of the
Board, Christopher Marshall, to Prince Rupert, Canada on or about the period August 15,
1993 to August 20, 1993 to attend the annual PCAPA Convention. The recommendation
U.S.S. Potomac Hull Insurance was the subject of a memo to the Board from the
Director of Human Resources notifying the Board that the agreement between the Port of
Oakland and the Association for the Preservation of the Presidential Yacht Potomac
requires the Port to provide Hull & Machinery, and Protection and Indemnity insurance on
the vessel "U.S.S. Potomac". The coverage package is not complete, however, it was
recommended that the Board authorize the Risk Manager to renew the Potomac's Hull &
Liability Policy for an annual premium of approximately $99,000.00. The recommendation
Agreement for Consulting Services for Field Surveying Work was the subject of a
memo to the Board from the Director of Engineering notifying the Board of the practice
of retaining private land surveyors through professional services agreements to supplement
the Port's crew, and the most recent contract for survey services is about to expire. In order
to continue to provide the needed surveying service, the Port requested proposals from nine
Oakland-based firms to provide field services to the Port on an "on-call" basis. Based on
evaluation, CH2M Hill has been selected to provide the required services. It was
recommended that CH2M Hill be compensated for their services in accordance with their
submitted rate schedule with the Port reserving the option to extend the contact by up to
two years under the same rates, plus labor escalation upon the written approval of the
Executive Director. The estimated cost of the work for each year, if annual extensions are
August 10, 1993
- 18 -
approved by the Executive Director, are $200,000.00, $220,000.00 and $242,000.00,
respectively. The recommendation was approved on passage of Resolution No. 93393.
Approval to Hire Uribe and Associates for Environmental Consulting Services was
of the need to retain professional consultants to perform or assist the Environmental
Planning Department. The Port requested proposals for the environmental consulting
services and it was recommended that the Board authorize a professional service contract
with Uribe and Associates, one of two firms selected to perform the environmental services.
It is proposed to execute a two-year professional services contract and to compensate the
firm at agreed rates on a time and materials basis for an aggregate amount not to exceed
$500,000.00. The recommendation was approved on passage of Resolution No. 93394
Approval to Hire ERM-West for Environmental Consulting Services was the subject
of a memo to the Board from the Director of Engineering recommending approval to enter
into an agreement with ERM-West as one of the two firms selected to perform
environmental services at the request of the Environmental Planning Department. The
other firm selected is Uribe and Associates. It is proposed to execute a two-year
professional services contract with ERM-West and to compensate the firm at agreed rates
on a time and materials basis for an aggregate amount not to exceed $500,000.00. The
The following resolutions were introduced and passed separately by the
following vote:
Ayes:
Commissioners Broussard, Kramer, Loh, Ortiz, Vohs
Noes:
None
Absent:
None
August 10, 1993
- 19 -
APPROVING DISPENSING WITH FORMAL BIDS FOR COMPLETION
OF SECURITY SYSTEM, SOUTH FIELD, METROPOLITAN OAKLAND
INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, A.I.P. 3-060170-11, AND AUTHORIZING THE PERFORMANCE THEREOF.
FINDING AND DETERMINING THAT A PROPOSED MODIFICATION
TO THE RATCLIFF ARCHITECTS AGREEMENT FOR
ENVIRONMENTAI , CONSULTING SERVICES CONSTITUTES
PROFESSIONAL OR SPECIALIZED SERVICES AND WAIVING
COMPETITIVE BIDDING; AND AUTHORIZING EXECUTION OF SAID
AGREEMENT AS MODIFIED.
FINDING AND DE'T'ERMINING THAT IT IS IN THE BEST INTEREST
OF THE PORT TO PURCHASE AND INSTALL AN EMERGENCY
DISPATCH TELECOMMUNICATIONS EQUIPMENT WITHOUT
COMPETITIVE BIDDING AND AUTHORIZING PROCUREMENT OF
SAME.
INS'T'RUCTING PORT STAFF REGARDING RATES AND TERMS TO
BE NEGOTIATED WITH EXISTING LICENSEES OF CERTAIN PORT
PROPERTIES.
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN
LICENSE AND CONCESSION AGREEMENT WITH EMERY
WORLDWIDE AIRLINES, INC.
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN
LICENSE AND CONCESSION AGREEMENT AND AGREEMENT TO
RENEW LICENSE AND CONCESSION AGREEMENT FOR TERM OF
ONE YEAR OR LESS WITH AMERICAN AIRLINES, INC. FOR
TERMINAL I (M-101 & M-103).
APPROVING AND AUTHORIZING EXECUTION OF 'CERTAIN
LICENSE AND CONCESSION AGREEMENT AND AGREEMENT TO
RENEW LICENSE AND CONCESSION AGREEMENT FOR 'PERM OF
ONE YEAR OR LESS WITH AMERICAN AIRLINES, INC. FOR
VEHICLE MAINTENANCE BUILDING (M-128).
August 10, 1993
- 20 -
RELEASING FLIGHTCRAFT, INC. FROM LIABILITY UNDER
INDUSTRIAL NET LEASE.
APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH
THE ISLANDIA HOME OWNERS ASSOCIATION.
APPROVING PLANS SPECIFICATIONS FOR FURNISHING SERVICE
AND MAINTENANCE FOR TWELVE "JETWAY" AND NINE
"SAFEGNIE" PASSENGER LOADING BRIDGES, SOUTH FIELD,
ME 1 ROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND,
CALIFORNIA. AND CALLING FOR BIDS THEREFOR.
GRANTING SOUTHWEST AIRLINES COMPANY PERMISSION TO
PERFORM CERTAIN WORK.
AWARDING CONTRACT TO EAST BAY CONSTRUCTION
RUCTION AND
REMODELING CO., FOR MODIFICATION OF BUILDING L-107
OFFICE SPACE, NORTH FIELD, METROPOLITAN OAKLAND
IN I ERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE
AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION
THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING
RETURN OF BID BONDS TO BIDDER".
AWARDING CONTRACT TO ICONCO INC., FOR REMOVAL,
DISPOSAL, AND REPLACEMENT OF PCB CONTAMINATED
CONCRETE FLOOR, BUILDING L-741, NORTH FIELD,
METROPOLITAN OAKLAND INTERNATIONAL AIRPORT; FIXING
THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION
THEREWITH, REJECTING ALL OTHER BIDS; AND DIRECTING
RETURN OF BID BONDS TO BIDDERS."
APPROVING AGREEMENT WITH FEDERAL EXPRESS FOR USE OF
RAMP DURING CONS'T'RUCTION OF IMPROVEMENTS TO
TAXIWAYS AT THE METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT.
August 10, 1993
- 21 -
APPROVING AND AUTHORIZING THE EXECUTION OF LOAN
DOCUMENTS RELATING TO LOAN BY BANKERS TRUST COMPANY
TO OAKLAND PORTSIDE ASSOCIATES AND THE EXECUTION OF
AMENDMENTS TO GROUND LEASES BETWEEN THE PORT AND
OAKLAND PORTSIDE ASSOCIATES, AND AUTHORIZING THE
PORTS EXECUTIVE DIRECTOR AND OTHER PORT EMPLOYEES
TO ACT ON BEHALF OF THE PORT WITH RESPECT TO SUCH LOAN
DOCUMENTS, AMENDMENTS TO GROUND LEASES AND RELAYED
MA'TIERS.
APPROVING SUBLEASE BY M&N TRUCK LINES, INC., SUBJECT TO
CERTAIN TERMS AND CONDITIONS.
FINDING AND DETERMINING THAT A PROPOSED EXTENSION
ENSION OF
THE AGREEMENT WITH SHOICHI KUWATA FOR MARITIME
SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF
SAID AGREEMENT.
FINDING AND D E 1 ERMINING THAT A PROPOSED AGREEMENT
WITH PACECO CORPORATION FOR ENGINEERING CONSULTING
SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED
SERVICES AND WAIVING COMPETITIVE BIDDING; AND
AUTHORIZING EXECUTION OF SAID AGREEMENT.
APPROVING USE OF MATSON I ERMINALS, INC. LEASED PREMISES
BY COLUMBUS LINE.
APPROVING USE OF MATSON TERMINALS, INC. LEASED PREMISES
BY BLUE STAR LINE.
ASSESSING PENALTY AGAINST GENERAL CONSTRUCTION
RUCTION
COMPANY, PRIME CONTRACTOR FOR CONSTRUCTION OF BERTH
30 WHARF, SEVENTH STREET TERMINAL, OAKLAND, CALIFORNIA,
FOR SUBCONTRACTING WORK WITHOUT PROPERLY
DESIGNATING SUBCONTRACTOR BID FOR SAID WORK IN
ORIGINAL BID.
August 10, 1993
- 22
APPROVING DISPOSAL OF BERTH 30 LEAD-CONTAMINATED SOILS
OFF-SITE AND AUTHORIZING AN ADDITIONAL $70,000 FOR SAID
DISPOSAL.
FINDING AND DE I ERMINING THAT A PROPOSED AGREEMENT
WITH LIFTECH CONSULTANTS, INC. FOR ENGINEERING DESIGN
SPECIALIZED SERVICES AND WAIVING COMPETITIVE BIDDING;
AND AUTHORIZING EXECUTION OF SAID AGREEMENT.
APPROVING PLANS AND SPECIFICATIONS FOR ASPHALT
CONCRETE PAVING AT FORMER SHEREX SHE, MIDDLE HARBOR
TERMINAL, OAKLAND, CALIFORNIA; AND CALLING FOR BIDS
THEREFOR.
APPROVING PLANS AND SPECIFICATIONS FOR REGROUTING
WATERSIDE CRANE RAIL, BERTHS 35-37, SEVENTH STREET
THEREFOR.
AWARDING CONTACT TO GALLAGHER & BURK, INC., FOR
ASPHALT CONCRETE OVERLAY, BERTHS 20 AND 21 YARD, OUTER
ER
HARBOR TERMINAL, OAKLAND, CALIFORNIA; FIXING THE
AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION
THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING
RETURN OF BID BONDS TO BIDDERS.
"RESOLUTION NO.93382
AWARDING CONTRACT TO STATE ROOFING SYS'TEM'S, INC., FOR
REROOFING PORTION OF BUILDING C-401, 2277 SEVENTH STREET,
PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER
BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS.
AWARDING CONTRACT TO RAMCON, FOR REPLACEMENT OF
FUEL STORAGE TANK CF-04 AT BUILDING C-131, BERTH 25,
PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER
BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS.
August 10, 1993
- 23 -
AUTHORIZING EXECUTION OF FIFTH SUPPLEMENTAL
AGREEMENT WITH NORSUL INTERNACIONAL S.A.
FINDING AND DETERMINING THAT NEED TO TAKE ACTION
AROSE AFTER POSTING OF AGENDA.
FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST
OF THE PORT 'TO DISPENSE WITH COMPETITIVE BIDS FOR
FURNISHING AND INSTALLING NEW CABS ON CRANE X-411 AND
CRANE X-412 AND AUTHORIZING ACCOMPLISHMENT OF THE
WORK BY NEGOTIATED CONTRACT WITH PACECO
CORPORATION.
CONCERNING CERTAIN APPOINTMENTS.
ASSIGNING CERTAIN EMPLOYEES TO APPROPRIATE RATES
WITHIN NEW SALARY SCHEDULED.
RATIFYING LEAVE OF ABSENCE TO DENISE C. SULLIVAN,
INTERMEDIATE STENOGRAPHER CLERK.
APPROVING JOB SPECIFICATIONS FOR THE POSITIONS OF
PRINCIPAL PORT SAFETY ADMINISTRATOR, SENIOR PORT
STRATEGIC PLANNER AND PORT TECHNICAL SUPPORT ANALYST
IV.
CONCERNING CERTAIN TRAVEL.
AUTHORIZING RENEWAL OF U.S.S. POTOMAC HULL INSURANCE.
August 10, 1993
- 24 -
"RESOLUTION NO.9339:3
FINDING AND DETERMINING THAT A PROPOSED AGREEMENT
WITH CH2M HILL ENGINEERING CONSULTING SERVICES
CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND
WAIVING BIDDING; AND AUTHORIZING EXECUTION OF SAID
AGREEMENT.
WITH URIBE AND ASSOCIATES FOR ENVIRONMENTAL
SPECIALIZED SERVICES AND WAIVING COMPETITIVE BIDDING;
AND AUTHORIZING EXECUTION OF SAID AGREEMENT.
"RESOLUTION NO.9339.5
WITH ERM-WEST FOR ENVIRONMENTAL CONSULTING SERVICES
WAIVING COMPETITIVE BIDDING; AND AUTHORIZING
EXECU'llON OF SAID AGREEMENT.
GRANTING AVIS RENT A CAR SYSTEM, INC. PERMISSION TO
GRANTING FEDERAL EXPRESS CORPORATION PERMISSION TO
GRANTING UNITED STATES POSTAL SERVICE PERMISSION TO
GRANTING TRANS-BOX SYSTEMS, INC. PERMISSION TO PERFORM
CERTAIN WORK.
"RESOLUTION
ION NO.93400
APPOINTING DIRECTORS OF THE PORT OF OAKLAND PUBLIC
BENEFIT CORPORATION.
AUTHORIZING RETENTION OF FITZGERALD, ABBOT"I &
BEARDSLEY AS SPECIAL COUNSEL.
August 10, 1993
- 25 -
OF CONDOLENCE UPON THE PASSING OF A. ANTHONY BILO I LE,
FORMER COMMISSIONER.
ORDINANCE NO. 2161 ESTABLISHING THE RULES AND REGULATIONS FOR
THE PORT OF OAKLAND'S MARINAS AND FOR FIXING THE RATES AND
CHARGES IN CONNECTION THEREWITH", and Port Ordinance No. 3164 being, "AN
ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO REVISE THE SALARY
SCHEDULE FOR THE POSITION OF PORT SENIOR IECHNICAL SUPPORT
ANALYST AND TO AMEND SECTION 1.336", were read a second time and passed by
the following vote:
Ayes:
Commissioners Broussard, Cole, Kramer, Loh, Ortiz,
Vohs, President Lockhart - 7
Noes:
None
Absent:
None
Port Ordinance No. 3165 being, "AN ORDINANCE AMENDING SECTION 2 OF
PORT ORDINANCE NO. 1166 RELATING TO THE CONTRIBUTIONS OF THE
PORT TOWARD THE COST OF EMPLOYEE AND RETIREE GROUP HEALTH
INSURANCE", was read a second time and passed by the following vote:
Ayes:
Commissioners Broussard, Cole, Kramer, Loh, and
Noes:
None
Abstained:
Absent:
Commissioners Ortlz and Vohs - 2
None
Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 10.2
OF PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF
FACILITIES AT ME I ROPOLITAN OAKLAND IN !ERNA IIONAL AIRPORT', and
Port Ordinance No.
August 10, 1993
being, "AN ORDINANCE APPROVING AND
- 26 -
AUTHORIZING THE EXECUTION OF A THIRD SUPPLEMENTAL AGREEMENT
WITH OAKLAND SPAGHE'T'TI RESTAURANT, INC.", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING TO LEASE WITH
SHAMROCK BROADCASTING COMPANY, INC., ASSIGNEE OF STARR-KABL,
INCORPORATED", and Port Ordinance No. being, "AN ORDINANCE
AMENDING PORT ORDINANCE NO. 2833 RELATING
ING TO GENERAL RULES AND
REGULATIONS AND HAZARDOUS MATERIALS RULES AND REGULATIONS",
and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO ASSIGN THE POSITION OF MINORITY BUSINESS
OUTREACH COORDINATOR TO SALARY SCHEDULE NO. 285, TO CREATE ONE
NEW POSI'T'ION EACH OF PRINCIPAL PORT SAFETY ADMINISTRATOR, SENIOR
PORT S IRA IEGIC PLANNER, PORT TECHNICAL SUPPORT ANALYST IV AND
TO RETITLE THE POSITION OF PORT SENIOR '1 ECHNICAL SUPPORT ANALYST',
were read a first time and passed to print by the following vote:
Ayes:
Commissioners Broussard, Cole, Kramer, Loh, Ortiz,
Vohs, President Lockhart - 7
Noes:
None
Absent:
None
announced by President Lockhart and reconvened in open session at the hour of 6:20 p.m.
Renewal of License and Concesson Agreements - Oakland International Airport was
the Board annually provides for the renewal of existing License and Concession Agreements
and at the closed session, under instructions to negotiators, considered the recommendations
as to the annual renewal rental rate for each tenant. During the closed session the tenant
rates were identified and it was recommended that the Board adopt a resolution authorizing
the staff to negotiate the target rents in accordance with its instructions. The
August 10, 1993
- 27 -
At hour of 6:30 p.m., the meeting was adjourned in the honor of and out of respect
to the memory of Anthony Bilotti, former Port Commissioner.
August 10, 1993
- 28 -
OF THE
CITY OF OAKLAND
The regular meeting of the Board of Port Commissioners scheduled for Tuesday,
August 17, 1993, at the hour of 3:00 p.m., was adjourned by the Secretary of the Board due
to the absence of all the members of the Board.
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, September 7, 1993, at the hour
Commissioners present: Cole, Kramer, Loh, Vohs and President Lockhart - 5
Commissioners absent: Broussard and Ortiz - 2
Chief Engineer; Director of Aviation; Senior Commercial Representative; Director of
Human Resources; Acting Director of Maritime Affairs; Director of Strategic and Policy
Planning; Director of Equal Opportunity; Director of Finance; Director of Public Affairs;
and Secretary of the Board.
The minutes of the regular meeting of May 4, 1993 and regular meeting of May 18,
1993 were approved as submitted and ordered filed.
report of the Port Attorney on Litigation Matters as provided for under Government Code
Section 54956.9 (a); pending litigation as provided for under Government Code Section
54956.9 (b) and (c); personnel matters as provided for under Government Code Section
54957; and instructions to negotiators concerning price and terms of leasing certain portions
of the Naval Base as provided for under Government Code Section 54956.8.
Commissioner Loh, member of the Commercial Real Estate Committee, informed
Commissioner Loh, Chair of the Customer Relations and Employment Development
Committee, informed the Board that the committee had met and reviewed their current
agenda.
Adoption of Updated Aviation Activity Forecasts was the subject of a memo to the
Board from the Director of Engineering notifying the Board of the preparation of the "2002
Airport Development Program (ADP)" and associated environmental documents in order
to expand facilities at the Airport to accommodate anticipated future growth. Under
Federal environmental review guidelines, a "Statement of Purpose and Need" (SOPAN), is
required to "identify the problem, the requested action and the timeframe for such action."
Forecasts supporting the fact that a need exists must be included in the Environmental
Impact Statement. The Federal Aviation Administration requires that the forecasts be
officially adopted by the Board of Port Commissioners. The Port has an agreement with
P & D Aviation to prepare the SOPAN in support of the 2002 ADP. P & D's work is
overseen by a Steering Committee comprised of Port staff managers and chaired by the
Director of Aviation. The Steering Committee, staff and P & D have agreed that the
developed forecasts are logical and consistent. The FAA has also reviewed these forecasts
and has determined that they are acceptable as the basis for preparation of the SOPAN and
subsequent environmental documentation for the proposed 2002 ADP. P & D prepared the
following forecast reports: "Executive Summary - Updated Aviation Activity Forecasts",
"Updated Air Cargo Forecast", and the "Aviation Activity Forecasts Reconciliation". These
forecasts are intended for inclusion in the 2002 ADP EIR/EIS and serve as guideposts for
implementation of the 10-year development program proposed for the Airport. The
Aviation Activity Forecasts are divided into three components: 1) Air Passenger; 2) Air
Cargo and Mail; and 3) Aircraft Operations. In 1992, the Airport accommodated 6.5 million
annual passengers (MAP). The forecast is that demand will be 7.8 MAP by 1997 and 9.3
MAP by 2002, an average annual growth rate of 3.6 percent through 2002. Air cargo activity
totaled 741 million pounds for 1992 and is expected to grow to about 1,922 million pounds
September 7, 1993
-2-
by 2002, or at an annual average rate of 10 percent. With the designation of the Airport
as an Airmail Distribution Center, it is anticipated that airmail activity will achieve an
annual average growth rate of 5 percent, from almost 56 million pounds occurring in 1992
to about 91 million pounds forecast for 2002. Total Aircraft Operations are expected to
increase from 414,443 in 1992 (landings and takeoffs) to 516,587 operations by 2002. It was
recommended that the Board adopt a resolution approving the forecast reports as the Port's
official estimate of aviation activity at the Airport to the year 2002; the reports and
estimated forecasts will be the basis for planning and EIR/EIS documentation of the 2002
ADP; and that the staff be authorized to distribute the forecasts to those governmental
agencies which have an interest in and/or a desire to use the Port's forecasts for their own
planning purposes. The recommendation was approved on passage of Resolution No. 93403.
Information Services Contract with BACK Information Services for Aviation Data
Development was the subject of a memo to the Board from the Director of Aviation
recommending the approval to enter into a contract with BACK Information Services.
BACK specializes in a complete range of aviation information services and value-added
infoiiiiation which includes state-of-the-art aviation data retrieval products, including
Aviation Link and Aviation Reports, with over 20 years of aviation history available. This
will enable the Aviation. Marketing department to directly access Department of
Transportation reports to perform a wide range of analytical and support services, including
airline and airport economic analysis, airline performance comparisons, airline revenue and
cost analyses, city-pair market reviews and airport comparisons, as well as market share and
passenger perspective analysis, necessary to meet the Aviation Department's objective of
airline solicitation. The cost of the services will not exceed $30,000.00 for fiscal year 1994.
Supplemental Agreement with Aviation Planning Associates for Airport Rates and
Charges was the subject of a memo to the Board from the Director of Aviation notifying
the Board of the existing contract with Aviation Planning Associates, (AvPlan), for
September 7, 1993
-3-
coordination between the 1991 Financial Feasibility Study and the Airport's Passenger
Facility Charge program. While preparing the Financial Feasibility Study, the consultant
discussed with Port staff components of the airport rates and charges process that could be
improved. The calculation of airport rates and charges (including landing fees and terminal
rents) is based on a public utilities approach whereby the actual costs of operating the
airport are allocated to costs centers and are used to determine airport fees on an annual
basis. Many airports have implemented processes which streamline their rates and charges
and improve the formats of the data used in calculating rates and charges. There currently
exists a balance of $24,000.00 in the AvPlan contract which is sufficient to fluid their
participation in an assessment of the rates and charges system and processes for data flow
from the costs accounting system and it was recommended that the Board approve the
preparation and execution of a no cost supplement to the agreement with Aviation Planning
Associates to increase the scope of work as described. The recommendation was approved
Supplemental Agreement with Brown-Buntin Associates for Aviation-related
Acoustical Analysis and Monitoring Services was the subject of a memo to the Board from
the Director of Aviation recommending approval to continue the services of Brown-Buntin
Associates to furnish aviation related acoustical consultation service, including specific noise
reporting and validation as required by the State of California under Title 21 of the
California Administrative Code. The firm has performed effectively for the Port in the past
in accomplishing such airport-related noise monitoring services. The increased fees for the
1993-94 budget will be $142,000.00 for the acoustical consulting services. The
Agreement for Telecommunication Services to Plan Basic and Emergency
Telecommunications Facilities for the Airport was the subject of a memo to the Board from
the Director of Aviation notifying the Board of the need to upgrade and expand the basic
and emergency telecommunications response capabilities to accommodate demand and
September 7, 1993
-4-
expansion plans consistent with the Airport's 2002 plan. Included in the program would be
a new Communications Center. To assist in this effort, it is desirable to contract with a
consultant who will perform a needs assessment, develop a design plan, conduct a
marketplace survey, prepare a cost estimate, and develop a Request for Proposal for System
Design. It was recommended that the Board authorize a contract with Frank Thatcher
Associates, Inc. to perform the work. The firm will be compensated to a maximum of
$77,600.00, with certain additional work available at the discretion of the Executive Director.
Addition of Scheduled Air Carriers to Receive Tenant Landing Fees was the subject
of a memo to the Board from the Director of Aviation notifying the Board that Airline
Operators who lease or license space in the terminal complex or who lease or rent a
minimum of 20,000 square feet of land or ramp area or 2,200 square feet of air cargo
building space at the South Airport on at least a month-to-month basis benefit from the
base landing fee. This base landing fee is currently $1.08 per 1,000 pounds. A surcharge
is applied to the landing fee of non-tenant airlines. As this incentive is no longer rational
as the space available has been fully leased. It was recommended that the Board provide
an incentive to other commercial carriers to consider Oakland Airport as an attractive
location to expand operations and it was recommended that Port Ordinance 1149 be
amended to include scheduled airlines listed in the Official Airline Guide as eligible for this
lower landing fee. The recommendation was approved on an ordinance passed to print.
Recommended Approval of New License and Concession Agreements with Seventeen
Existing Tenants at North Airport was the subject of a memo to the Board from the
Director of Aviation recommending approval of an agreement with John R. Roden and
Catmen A. Roden, dba Aviation Advisory Service, for 534 square feet of office space and
180 square feet of storage space in Bldg. L-142, at $658.08 per month, effective July 1, 1993;
Thomas Hird, dba Trans Ocean Aviation, for 1,613 square feet of office space and 97 square
feet of storage space in Bldg. L-107, at $1,999.06 per month, effective August 1, 1993; A.I.R.
September 7, 1993
5
Corporation, for exclusive use of 395 square feet of office space, 3,019 square feet of shop
space and 2,254 square feet of hangar space and non-exclusive use of 252 square feet of
shared lobby, all located in Bldg. L-710, at $1,832.32 per month, effective July 1, 1993;
Rainin Instrument Company, Inc., for exclusive use of 837 square feet of office space, 199
square feet of restroom facilities, 8,877 square feet of hangar area, 9,000 square feet of
apron area and non-exclusive use of 252 square feet of common entry area all located in
and adjacent to Bay A of Bldg. L-710, at $3,785.23 per month, effective July 1, 1993; Forty
Plus of Northern California, 3,141 square feet of office space, 205 square feet of storage
space, 3,609 square feet of office/storage space, 4,800 square of paved land and 1,633 square
feet of other paved land all located in and adjacent to Bldg. L-802, at $2,834.46 per month,
effective April 1, 1993; Customs Aircraft Services, for 1,180 square feet of office space, 3,036
square feet of hangar space, 4,260 square feet of apron space and 1,512 square feet of paved
land all located in and adjacent to Bldg. L-712, at $2,030.37 per month, effective April 1,
1993; The Hertz Corporation, for 28,800 square feet of unpaved land near Wright Street
east of Earhart Road, at $1,937.31 per month, effective May 1, 1993; Blaine R. Banks, for
79 square feet of office space and 188 square feet of storage space all located in Bldg. L142, at $217.98 per month, effective August 1, 1993; J.F. McRae Aero-Craft, Inc., for 4,000
square feet of shop space and 600 square feet of paved land located in and adjacent to Bldg.
L-739, at $1,077.77 per month, effective August 1, 1993; Courier Express, Inc., with licensee
granted non-exclusive access to the North Airport, at $230.00 per month, effective August
1, 1993; Patrick Media Group, Inc., for 15 square feet of unpaved land beneath two signs
on Doolittle Drive between Swan Way and Langley, at $104.00 per month, effective August
1, 1993; George L. Fawkner, for 724 square feet of storage space in Bldg. L-731, at $182.37
per month, effective August 1, 1993; Donald Jones and Nwamdi Egwuatu, for 564 square
feet of office space located in Bldg. L-142, at $652.64 per month, effective August 1, 1993;
Savage Magneto Service, for 3,200 square feet of shop space and 800 square feet of paved
land in and adjacent to Bldg. L-737, 2,000 square feet of land under Bldg. L-629 and 1,800
September 7, 1993
-6-
square feet of unpaved land adjacent to Bldg. L-629, at $1,024.75 per month, effective July
1, 1993; Carol L. Quinn, Anne Quinn and Christopher Quinn dba Mike Quinn Electronics,
for 12,184 square feet of warehouse space and 900 square feet of paved land all located in
and adjacent to Bldg. L-727, at $3,177.62 per month, effective June 1, 1993; Mate G. Marlais
dba Artisan Manufacturing Company, for 3,833 square feet of shop space and 2,400 square
feet of paved land all located in and adjacent to Bldg. L-643, at $1,116.67 per month,
effective June 1, 1993; and Sierra Academy of Aeronautics, Inc., for 31,998 square feet of
office space, 23,892 square feet of hangar space, 19,246 square feet of shop/storage space,
168,880 square feet of apron space, 66,552 square feet of parking area and 27,203 square
feet of unpaved land all located in and adjacent to Bldgs. L-118, L-130, L-142, L-150, L-158,
and L-825, at $40,640.47 per month, effective March 1, 1993. The recommendation was
Recommended Approval of New License and Concession Agreements - Seattle
Seahawks, Inc. and Westair Commuter Airlines, Inc. dba United Express was the subject
of a memo to the Board from the Director of Aviation recommending approval of a new
agreement with Seattle Seahawks, Inc., for 1,773 square feet of office space and 960 square
feet of paved land located in and adjacent to Bldg. L-606 and 12,600 square feet of apron
space and 1,440 square feet of paved land located adjacent to Bldg. L-820, at $1,698.23 per
month, effective August 17, 1993; and with Westair Commuter Airlines, Inc. dba United
Express, for 544 square feet of covered ramp storage area located adjacent to Bldg. M-103,
North Airport, at $272.00 per month, effective June 1, 1993. The recommendation was
Plans and Specifications, Construction of Gate 26A, (Stage 1) Terminal II, Building
M-130, South Field, MOIA was the subject of a memo to the Board from the Director of
Engineering recommending their approval and authority to advertise for bids for the
construction of foundations and structural framing for the addition. The project consists of
constructing an enclosed second floor access to replace the current ground level open access
September 7, 1993
-7-
to the existing Gate 26A position. The subsequent contract is being prepared to complete
the addition, including roofing, walls, finishing and electrical and mechanical systems. The
passenger loading bridge will be provided by Southwest Airlines. The project is categorically
exempt and does not require preparation of an environmental document. The
Award of Contract Construction of Ri ht Turn Lane Air s ort Drive to Neil
Armstrong Way, South Airport was the subject of a memo to the Board from the Director
of Engineering notifying the Board of the two bids received and recommending award of
the contract to Riley & Sons Construction, Inc., the low bidder, at $40,000.00. The
Transportation Enhancement Activity Grant Application, Potomac was the subject
of the application submitted to the Regional Transportation Planning Authority, called
Metropolitan Transportation Commission, for funding of a Transportation Enhancement
Activity (TEA). The TEA is part of the Intermodal Surface Transportation Efficiency Act
of 1991 (IS I EA). The candidate for TEA funding identified by the staff is the construction
of a berthing facility for both the Presidential Yacht Potomac and the Lightship Relief.
Also included in this funding request is additional money for a 1,500 square foot visitor
center to service this display. The project cost is estimated to be approximately $1,120,000.
The maximum funding allowable under the program funding is $1,000,000. The Port would
provide the additional $120,000 through a contribution of Engineering and Overhead. It was
recommended that the Board authorize the Executive Director to submit an application on
behalf of the Port under IS'ILA for funding for the project; stating that the Board is willing
and able to maintain and operate the project; and that the Board possesses the legal
authority to nominate transportation enhancement activities and to maintain, acquire and
construct the proposed project. The recommendation was approved on passage of
September 7, 1993
8
KTVU. Inc. - License and Concession Agreement Assignment was the subject of a
memo to the Board from the Director of Commercial Real Estate notifying the Board that
the Television Station KTVU occupies an area of approximately 6,000 square feet in
Building H 108 located at 5th Avenue and Embarcadero. The current monthly rent is
$1,328.70. KTVU, Inc. has requested approval of assignment of the Agreement to KTVU
Partnership, a Georgia General Partnership, of which KTVU, Inc. serves as Managing
General Partner and owns a controlling interest. This transfer of assets is simply a pro
forma restructuring of KTVU, Inc. being effected for various corporate purposes, and it was
recommended that the Board approve the assignment. The recommendation was approved
Plans and Specifications. Remove Underground Fuel Storage Tank PF-01, 1363
Embarcadero was the subject of a memo to the Board from the Director of Commercial
Real Estate recommending their approval and authority to advertise for bids for the removal
of the 2,000-gallon underground fuel storage tank at 1363 Embarcadero which is occupied
by Harrison's Marine Center. The work is categorically exempt and does not require the
Primary Use Request of Yusen Terminals for Hapag-Lloyd to Use Yusen Terminal
at Berth 23 was the subject of a memo to the Board from the Acting Director of Maritime
notifying the Board that the Port has a five-year term Terminal Use Agreement (TUA) with
several European Lines consisting of Hapag-Lloyd, Compagnie Generale Maritime, and
Atlantic Container Line (ACL) for use of the Charles P. Howard Terminal operated by
Stevedoring Services of America. Earlier this year, CGM and ACL discontinued their joint
operations with Hapag-Lloyd, and Hapag-Lloyd subsequently entered into a new Space
Charter and Sailing Agreement with Nippon Yusen Kaisha (NYK) and Neptune Orient
Lines. NYK and NOL call at Outer Harbor Berth 23 where operations are conducted by
Yusen Terminals, Inc., NYK's teiuiinal operating subsidiary. Under the joint service,
September 7, 1993
-9-
vessels will sail from Asia to North America to Europe and back again. Oakland will be
the first inbound call eastbound and the last outbound call westbound. Hapag-Lloyd intends
to transfer operations to Berth 23, and the Port has now received the request from YTI to
approve Hapag-Lloyd under the primary use definition of the Preferential Assignment
Agreement for Berth 23. The Hapag-Lloyd TUA with the Port will be suspended for the
duration of Hapag-Lloyd's Space Charter and Sailing Agreement with NYK and NOL. The
Supplemental Agreement required to suspend the TUA will provide that the compensation
provisions of the TUA shall not apply during the period in which Hapag-Lloyd is utilizing
Berth 23. It was recommended that the Board approve the Supplemental Agreement
request of Yusen Terminals, Inc. and approve the request for the primary use of Berth 23
at Hapag-Lloyd. The recommendation was approved on passage of Resolution No. 93415
for Berth 23 use, and Resolution No. 93416 for suspending agreement.
Rejection of Bids for Installing Roof Drains and Drainage Cricket s. Building C-127,
700 Ferry Street was the subject of a memo to the Board from the Director of Engineering
notifying the Board of the two bids received and that both bids were over the engineer's
estimate of $80,000.00. Due to other business, contractors were not interested in this
project. It was recommended that the bid of Industrial Roofing Company dba Industrial
Rehabilitation and Construction Co. be rejected, as the firm was not a responsible bidder
for the purposes of this contract, and the second bid of Roofing Constructors, Inc. dba
Western Roofing Services be rejected, as excessive. It was noted that the work will be
deferred until next spring in hopes of obtaining a more competitive bidding climate. The
Authorization to Execute an Agreement with Pacific Bell for Relocation of Their
Facilities, Middle Harbor Road was the subject of a memo to the Board from the Director
of Engineering notifying the Board of the construction of Middle Harbor Road from
Seventh Street to Ferro Street, and that certain existing Pacific Bell (Pacific) aerial facilities
and associated equipment require relocation. It was recommended that the Board authorize
September 7, 1993
- 10 -
the execution of an agreement with Pacific Bell for the relocation of their facilities in the
widened section of Middle Harbor Road, and give first reading to an ordinance authorizing
the Executive Director to grant any necessary easements or rights-of-way for the project.
The agreement requires the Port to pay Pacific their estimated relocation costs of $18,941.00
within sixty (60) days after signing the agreement. The recommendation was approved on
passage of Resolution No. 93418 and on an ordinance passed to print for easements.
Grant of Easement to Pacific Bell - Middle Harbor Road was the subject of a memo
to the Board from the Director of Commercial Real Estate recommending their approval
to grant an easement which would allow Pacific Bell to relocate an existing telephone
cabinet which is currently located at the entrance to APL adjacent to Middle Harbor Road.
The existing cabinet is in a location that is hazardous to traffic and the cabinet. The
easement would cover the installation of cable and conduit in the street, and an area of
approximately 4 feet by 7 feet for the cabinet. The recommendation was approved of an
Plans and Specifications Repair of Steel Frames and Concrete Walls, Building H309, 9th Avenue Terminal was the subject of a memo to the Board from the Director of
Engineering recommending their approval and authority to advertise for bids for the repairs
to the transit shed adjacent to Berths 83 and 84 at 9th Avenue Terminal. Approximately
25% of the repairs included in this project are required due to the Loma Prieta earthquake
and are eligible for reimbursement from FEMA. FEMA/OES inspectors prepared Damage
Survey Report (DSR) No.54603 describing the brace and wall damage and the proposed
method of repairs. The current estimated cost of $39,700.00 exceeds the DSR estimate of
$20,752.00 and a supplemental DSR will be applied for to cover the increase. The project
is categorically exempt and does not require the preparation of an environmental document.
September 7, 1993
- 11 -
Award of Contract, Dredging of Berths 9, 22, 2426 and the Interconnecting Channel
30, 32, 33, 34 and 37 and the Oakland Outer Harbor Channel Area was the subject of a.
memo to the Board from the Director of Engineering notifying the Board of the two bids
received and recommending the award of the contract to Dutra Construction Company, Inc.,
the low bidder, at $785,200.00. The recommendation was approved on passage of
Resources recommended the appointment of Jon Amdur, as Associate Port Environmental
Scientist, effective September 8, 1993, at $4,383.00 per month; Charles Schwarz, as Associate
Port Environmental Planner, effective September 8, 1993, at $4,174.00 per month; Vanessa
Brooks, as Senior Account Clerk, effective September 8, 1993, at $2,886.00 per month; and
Raquel Torres-Casillas, as Senior Account Clerk, effective September 8, 1993, at $2,886.00
per month. The reclassification of Joan Kuhn, from Port Contract Compliance Officer to
Minority Business Outreach Coordinator, effective September 8, 1993, at $4,546.00 per
month; Thomas Lyles II, from Port Technical Support Analyst III to Port Technical Support
Analyst IV, effective September 8, 1993, at $4,283.00 per month; Vadine Bizzle, as Port
Maintenance Foreman, effective September 8, 1993, at $4,348.00 per month; Charles
Edwards, as Port Maintenance Foreman, effective September 8, 1993, at $4,348.00 per
month; and Mary McCray, as Intermediate Stenographer Clerk, effective September 13,
1993, at $2,312.00 per month; and the ratification of the temporary summer appointments
of Johnny Paul Bowie, Malina De La Cruz, Esdras Cervantes and Alejandro Mena to
positions in the classification of "Youth Aide, Class C" (Port High School Intern) at the rate
of $4.25 per hour, effective August 12, 1993. Also recommended was the revision of job
specifications for the classifications of Port Staff Accountant I and Port Staff Accountant II
in the Finance Division. The retitling of classification and revisions of job specifications for
the positions in the classification of "Janitor Foreperson" assigned to the airport to "Airport
Custodial Supervisor I"; the classification of "Chief Airport Custodian" to "Airport Custodial
September 7, 1993
- 12 -
Supervisor II"; and the revision of the job specification for both classifications. The
assignments of salary schedule 222.66, to the existing Port-unique Civil Service classification
of Airport Custodial Supervisor II (formerly Chief Airport Custodian); and salary schedule
231.97 to existing Port-unique Civil Service classification of Port Staff Accountant II.
Examination announcements for the position of Assistant Port Transportation Planner,
Project Planning and Programming Department, Port Auditor II, Audit Department,
Principal Port Safety Administrator, Risk Management Department, and Senior Port
Strategic Planner, Office of Strategic and Policy Planning; and a change in assignment from
salary grade to salary schedule for the existing exempt classification of Port Financial
Projects Coordinator, from salary grade 13 to salary schedule 291.60. Further recommended
was a medical leave of absence for Zee L. Janko, Intermediate Stenographer Clerk, for 31
working days through September 24, 1993; medical leave of absence for Rita Thomas,
Intermediate Typist Clerk, for 35 working days through August 30, 1993; and medical leave
of absence for Grace E. McGann, Port Senior Accountant, for 41 working days through
September 27, 1993. The recommendations were approved on passage of Resolution No.
93421 for appointments, Resolution No. 93422 for job specifications, Resolution No. 93423
for examination announcements, Resolution No. 93424 for leaves of absence; and an
ordinance passed to print for Salary Schedules and Assignments.
Contract For Consultant to Conduct A Salary/Classification and Compaction Study
was the subject of a memo to the Board from the Director of Human Resources
recommending approval to retain the Mertens Group to complete a salary and classification
study for the unrepresented employees in the Airport Marketing Department and the
Engineering management group, and a supervisory-subordinate salary compaction analysis
of classification in Grades 1-14, at a contract cost not to exceed $30,000.00. The
Authorization to Purchase One Used Tractor was the subject of a memo to the Board
from the Director of Engineering notifying the Board of the requirements for maintenance
September 7, 1993
- 13 -
of the runway and taxiway shoulder areas at the airport, and that the existing 1970
Caterpillar tractor is currently inoperative due to engine problems and is ill-suited for
working on sandy soil. It was recommended that the Board find it to be in the best interest
of the Port to purchase one used Caterpillar loader, model D6D-LGB, at a cost of
approximately $70,000, plus taxes and fees on the open market. It was noted that the
equipment has been inspected and compared with other comparable units. The
The following resolutions were introduced and passed separately by the
following vote:
Ayes:
Commissioners Cole, Kramer, Loh, Vohs, and
Noes:
None
Absent:
Commissioners Broussard and Ortiz - 2
APPROVING AVIATION ACTIVITY FORECASTS AND REPORTS FOR
PLANNING AND FOR ENVIRONMENTAL DOCUMENTATION ON THE
PROPOSED 2002 AIRPORT DEVELOPMENT PROGRAM."
BACK INFORMATION SERVICES FOR AVIATION CONSULTING SERVICES
WAIVING COMPETITIVE BIDDING; AND AUTHORIZING EXECUTION OF
SAID AGREEMENT."
FINDING AND DEIERMINING THAT A PROPOSED AGREEMENT WITH
AVIATION PLANNING ASSOCIATES CONSTITUTES PROFESSIONAL OR
SPECIALIZED SERVICES, AND WAIVING COMPETITIVE BIDDING; AND
September 7, 1993
- 14 -
FINDING AND DE 'I ERMINING THAT A PROPOSED FIRST SUPPLEMENTAL
AGREEMENT WITH BROWN-BUNTIN ASSOCIATES FOR AVIATION
CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED
SERVICES; AND AUTHORIZING EXECUIION OF SAID FIRST
FRANK THATCHER ASSOCIATES, INC., FOR AVIATION
TELECOMMUNICATION CONSULTING SERVICES CONSTITUTES
ES
AGREEMENT."
AND CONCESSION AGREEMENT WITH SEVENTEEN EXISTING TENANTS
AT THE NORTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT."
AND CONCESSION AGREEMENT WITH SEATTLE SEAHAWKS, INC., AND
WESTAIR COMMUTER AIRLINES INC., DBA UNITED EXPRESS."
APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION
RUCTION OF
GATE 26A, STAGE 1, TERMINAL II, BUILDING M-130, SOUTH FIELD,
AWARDING CONTRACT TO RILEY & SONS CONSTRUCTION INC., FOR
CONSTRUCTION OF RIGHT TURN LANE, AIRPORT DRIVE TO NEIL
ARMSTRONG WAY, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO
BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDER."
AUTHORIZING EXECUTIVE DIRECTOR TO SUBMIT APPLICATION FOR
TRANSPORTATION ENHANCEMENT ACTIVITY GRANT FOR
PRESIDENTIAL YACHT POTOMAC AND LIGHTSHIP RELIEF."
September 7, 1993
- 15 -
CONSENTING TO ASSIGNMENT OF LICENSE AND CONCESSION
AGREEMENT FR OM KTVU, INC., TO KTVU PARTNERSHIP."
APPROVING PLANS AND SPECIFICATIONS FOR REMOVE
UNDERGROUND FUEL STORAGE TANK PF-01, 1363 EMBARCADERO,
APPROVING JOINT USE BY HAPAG LLOYD A.G. OF BERTH 23, OUTER
HARBOR TERMINAL WITH NIPPON YUSEN KAISHA AND NEPTUNE
ORIENT LINES, LID."
AUTHORIZING EXECUTION OF SUSPENSION AGREEMENT WITH HAPAG
LLOYD A.G."
REJECTING ALL BIDS FOR INSTALLATING ROOF DRAIN AND DRAINAGE
CRICKETS BUILDING C-127, 700 FERRY STREET, OAKLAND,
CALIFORNIA".
AUTHORIZING EXECUTION OF AN AGREEMENT WITH PACIFIC BELL
FOR RELOCATION OF FACILITIES."
APPROVING PLANS AND SPECIFICATIONS FOR REPAIR OF STEEL
FRAMING AND CONCRETE WALLS, BUILDING H-309, 9TH AVENUE
THEREFOR."
AWARDING CONTRACT TO DUTRA CONSTRUCTION CO., INC., FOR
DREDGING OF BERTH 9, 22, 24, 26 AND THE INTERCONNECTING
CHANNEL 30, 32, 33, 34 AND 37, AND OAKLAND OUTER HARBOR
CHANNEL AREA, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF
BIDDER."
September 7, 1993
- 16 -
APPROVING JOB SPECIFICATIONS FOR THE POSITIONS OF PORT STAFF
ACCOUNTANT I, PORT STAFF ACCOUNTANT II, AIRPORT CUSTODIAL
SUPERVISOR I AND AIRPORT CUSTODIAL SUPERVISOR II."
APPROVING EXAMINATION ANNOUNCEMENTS FOR THE POSITIONS OF
ASSISTANT PORT TRANSPORTATION PLANNER, PORT AUDITOR II,
PRINCIPAL PORT SAFETY ADMINISTRATOR AND SENIOR PORT
STRATEGIC PLANNER."
CONCERNING CERTAIN LEAVES OF ABSENCE."
THE MER'IENS GROUP FOR PERSONNEL CONSULTING SERVICES
SAID AGREEMENT."
"RESOLUTION NO, 93426
THE PORT TO PROCURE ONE USED CATERPILLAR TRACTOR WITHOUT
ON THE OPEN MARKET."
GRANTING AMERICAN PRESIDENT LINES LID., PERMISSION TO
GRANTING HOUSE OF BAGELS PERMISSION TO PERFORM CERTAIN
WORK."
GRANTING KAISERAIR, INC., PERMISSION TO PERFORM CERTAIN
WORK."
September 7, 1993
- 17 -
COMPROMISING AND SETTLING CLAIMS AND AUTHORIZING
EXECUTION OF STIPULATED SETTLEMENT."
APPROVING AND AUTHORIZING SETTLEMENT
LEMENT AGREEMENT AND
RESCINDING APPOINTMENT."
ERMINING THAT PROPOSED AGREEMENTS WITH
BOYDEN INTERNATIONAL FOR PERSONNEL CONSULTING SERVICES
AUTHORIZING EXECUTION OF SAID AGREEMENTS."
Port Ordinance No. 3166 being, "AN ORDINANCE AMENDING SECTION 10.2
OF PORT ORDINANCE NO. 1149 RELATING
ING TO CHARGES FOR USE OF
FACILITIES AT METROPOLITAN
ROPOLITAN OAKLAND INTERNATIONAL
E,RNATIONAL AIRPORT', and
Port Ordinance No. 3167 being, "AN ORDINANCE APPROVING AND AUTHORIZING
THE EXECUTION OF A THIRD SUPPLEMENTAL AGREEMENT WITH OAKLAND
SPAGHE'l II RESTAURANT, INC.", and Port Ordinance No. 3168 being, "AN
ORDINANCE APPROVING AND AUTHORIZING TO LEASE WITH SHAMROCK
BROADCASTING COMPANY, INC., ASSIGNEE OF STARR-KABLE,
INCORPORATED" and Port Ordinance No. 3169 being, "AN ORDINANCE AMENDING
PORT ORDINANCE NO. 2833 RELATING TO GENERAL RULES AND
REGULATIONS AND HAZARDOUS MATERIALS RULES AND REGULATIONS",
and Port Ordinance No. 3170 being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO ASSIGN THE POSITION OF MINORITY BUSINESS
E, ONE
OUTREACH
REACH COORDINATOR TO SALARY SCHEDULE NO. 285, TO CREATE
RATOR, SENIOR
NEW POSITION EACH OF PRINCIPAL PORT SAFETY ADMINISTRATOR,
PORT STRATEGIC PLANNER, PORT TECHNICAL SUPPORT ANALYST IV AND
TO RETITLE THE POSITION OF PORT SENIOR TECHNICAL SUPPORT ANALYST',
were read a second time and passed by the following vote:
September 7, 1993
- 18 -
Ayes: Commissioners Cole, Kramer, Loh, Vohs and
Noes: None
Absent: Commissioners Broussard and Ortiz - 2
Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION
2c OF PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF
FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT', and
AUTHORIZING THE GRANT OF EASEMENTS AND RIGHTS OF WAY TO PACIFIC
BELL", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND
AUTHORIZING THE GRANT OF EASEMENT TO PACIFIC BELL"; and Port
Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE
NO. 867 TO CREATE NEW SALARY SCHEDULE NO. 291.6, TO RETITLE THE
POSITIONS OF JANITOR FOREPERSON AND CHIEF AIRPORT JANITOR AND TO
ASSIGN SALARY SCHEDULES TO CERTAIN POSITIONS", were read a first time and
Ayes: Commissioners Cole, Kramer, Loh, Vohs and
Noes: None
Absent: Commissioners Broussard and Ortiz - 2
At the hour of 4:10 p.m. the Board entered into closed session as previously
September 7, 1993
- 19 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, September 21, 1993, at the hour
Broussard, Cole, Kramer, Loh, Ortiz, Vohs and
None
Also present were the Executive Director; Port Attorney; Director of Aviation;
Director of Commercial Real Estate; Director of Human Resources; Director of Equal
Opportunity; Director of Strategic and Policy Planning; Port Supervising Engineer Ralph
Gin; Manager, Marine Terminals; Senior Commercial Representative; Director of
The minutes of the regular meeting of June 1, 1993 were approved as submitted and
ordered filed.
for under Government Code Section 54956.9 (b) and (c); personnel matters as provided for
under Government Code Section 54957; and to give instructions to negotiators concerning
the renewal of thirty-four (34) existing license and concession agreements as provided under
Commissioner Ortiz, Chair of the Commercial Real Estate Committee, informed the
Commissioner Vohs, Chair of the Maritime Committee, infoinied the Board that the
Request for Proposal for AirBART Shuttle Bus Contract was the subject of a memo
to the Board from the Director of Aviation notifying the Board of the agreement with
Dansby Corporation to operate, on an interim basis, a shuttle bus system between the
Oakland Coliseum, BART Station and the Oakland International Airport. Previously, it was
expected that BART would be unable to assume the AirBART shuttle bus service contract
responsibilities. BART has now notified Port staff that they will be unable to assume the
AirBART shuttle bus service contract responsibilities. It was recommended that the Board
authorize the receipt of proposals and the selection of an operator to negotiate a contract
for the service. The recommendation was approved on passage of Resolution No. 93434.
Approval of Mitigated Negative Declaration for Earhart Road Reconstruction was
that the project is planned to improve traffic circulation on the North Airport, improve
access for fire response vehicles, enhance safety and capacity by improving an infrastructure
that is overburdened and in poor condition, and maximize land use by increasing leasable
area. The proposed project will reconstruct and partially realign approximately 5,000 linear
feet of Earhart Road from Swan Way to the existing FAA TRACON facility at the Oakland
North Airport. Approximately 3,000 feet of the existing Earhart Road will be closed
permanently to through traffic to make additional space available for parking for general
aviation uses adjacent to existing leaseholds. The impacts from the proposed development
were evaluated in the Supplement to the Oakland Airport Master Plan Environmental
Impact Report. The Supplemental EIR was certified by the Board of Port Commissioners
on January 8, 1985. The Port prepared an Initial Study and proposed Negative Declaration
to determine if a subsequent EIR would be required to comply with the California
Environmental Quality Act. No other changes in the Initial Study and proposed Negative
Declaration were required by the public response and preparation of an Environmental
September 21, 1993
-2
Impact Report is not required. It was recommended that the Board certify that it has
reviewed and considered the information contained in the Initial Study and Mitigated
Negative Declaration for the Earhart Road Reconstruction project; approve the Mitigated
Negative Declaration; adopt the mitigation measures and confirm that the mitigation
measures will reduce potential significant impacts to less than significant levels; and find that
the Mitigated Negative Declaration reflects the independent judgement of the Board. The
mitigation measures include reduction of air quality impacts from construction, reassignment
of parking provisions and adequate notification of construction schedule. The
Recommended Approval of License and Concession Agreement, First Supplemental
Agreement and Third Supplemental Agreement with National Car Rental System, Inc. was
the six rental car concessionaires at the Airport each operate under two License and
Concession Agreements: one covers Ready Car Lot parking spaces and the other covers
Terminal counter space and percentage rent. National has been an Airport rental car
concessionaire since 1971 and rents counter space at $5.98 per square foot per month plus
9.5% of its gross automobile rental revenue and rents parking spaces in the Ready Car Lot
at $34.00 per space per month. It was recommended that the Board approve the following
agreements covering their occupancy: An agreement for 47 parking spaces for the term
September 1, 1991 through July 31, 1992 at $34.00 per space; a First Supplemental
Agreement to assign National 46 Ready Car Lot parking spaces and extends the tem'
through July 31, 1993; and a Third Supplemental Agreement dated September 1, 1992 to
the License and Concession Agreement dated July 15, 1971 which would exempt cellular
telephone rental from gross automobile rental receipts subject to the percentage rent;
identify new Terminal Counter Space provided for National with the Terminal I bag claim
addition and counter renovation; and clarify certain maintenance responsibilities to ensure
September 21, 1993
-3-
consistency and adequate maintenance of rental car counter areas visible to the public. The
Consent to Assigmnent of License and Concession Agreement from Dollar RentA= Car of San Francisco, Inc., to Dollar Systems, Inc.; Ap p
roval of First Supplemental
Agreement and Third Supplemental Agreement with Dollar Systems, Inc., was the subject
of a memo to the Board from the Director of Aviation notifying the Board of the six rental
car concessionaires at the Airport each operating under two License and Concession
Agreements; one covers Ready Car Lot parking spaces and the other covers Terminal
counter space and percentage rent. It was recommended that the Board approve the
assignment of the Dollar Rent-A-Car of San Francisco, Inc., agreements to Dollar Systems,
Inc. In 1992, Dollar was acquired by Chrysler Corporation. Also recommended was
approval of a First Supplemental Agreement to cover 25 parking spaces within the 116,530
square foot Ready Car Lot and extends the term to July 31, 1993. The monthly rate of
$34.00 per parking space would remain unchanged and a Third Supplemental Agreement
dated September 1, 1991 to the License and Concession Agreement dated November 1,
1974, which would delete cellular telephone rental revenue from the "gross automobile
rental revenue" definition, relocates the Terminal I counter premises to the new bag claim
addition, and clarifies rental car concessionaires' counter space maintenance responsibilities.
Recommended Approval of Third Supplemental Agreements with Avis Rent A Car
System, Inc., Budget Rent A Car Systems, Inc., The Hertz Corporation; and the First
Supplemental Agreement with Alamo Rent A Car, Inc., was the subject of a memo to the
Board from the Director of Aviation notifying the Board of the agreements covering the
rental car concessionaires at the Airport. Certain issues have arisen which would
appropriately be addressed by supplements to the rental car concessionaires' agreements.
These issues relate to cellular telephone rental, relocation and remeasurement of counter
space, and counter space maintenance responsibilities. It was recommended that the Board
September 21, 1993
-4-
approve the following supplemental agreements incorporating the noted issues: Third
Supplemental Agreement dated, November 1, 1992 to the License and Concession
Agreements dated July 15, 1971 with Avis Rent A Car System, Inc.; Third Supplemental
Agreement dated November 1, 192 to the License and Concession Agreement dated May
1, 1974 with Budget Rent A Car System, Inc.; Third Supplemental Agreement dated
November 1, 1992 to the License and Concession Agreement dated July 15, 1971 with The
Hertz Corporation; and a First Supplemental Agreement dated September 1, 1992 to the
License and Concession Agreement dated August 15, 1991 with Alamo Rent A Car, Inc.
Authority to Purchase Leased Microphones and Rent Radar Component of Airport
Noise Monitoring System was the subject of a memo to the Board from the Director of
Aviation notifying the Board that the Port entered into a 3-year lease with an option to
purchase of an Airport automated noise monitoring system at a monthly rate of $10,600.00
from Bruel & Kjaer Instruments. In October 1990, additional equipment was added to the
to the system, which raised the lease payments to $11,395.00 a month. This lease expires
October 1, 1993, and arrangements need to be made to allow the Airport to continue using
the noise monitoring equipment until a permanent system is installed within the next few
months. It was recommended that the Board authorize the Executive Director to exercise
the purchase option in the existing lease agreement with Bruel & Kjaer to buy the already
installed five Remote Monitoring Terminals for $82,496.00 and to rent PASSUR (Passive
Surveillance Radar) on a monthly basis for $5,300.00 per month. It was noted that eighty
percent (80%) of the purchase price will be paid through federal Airport Improvement
Program funds. The recommendation was approved on passage of Resolution No. 93439.
Award of Contract, Construction of Airfield Signage, MOIA was the subject of a
memo to the Board from the Director of Engineering notifying the Board of the five bids
received and recommending award of contract to Rosendin Electric, Inc., the low bidder,
at $693,800.00. The recommendation was approved on passage of Resolution No. 93440.
September 21, 1993
-5-
Plans and Specifications - Construction of ARFF Quick Response Pad, South Airport
their approval and authority to advertise for bids for the facility. The work involves the
construction of a steel frame canopy over a concrete floor slab, an asphalt concrete driveway
adjacent to Taxiway I and an electrical service to the facility. The project is categorically
Acceptance of Federal Aviation Administration Amendment No. 7 to Grant
Agreement AIP-02 was the subject of a memo to the Board from the Director of
Engineering notifying the Board of a Grant Agreement with the Federal Aviation
Administration for $3,468,315.00 dated May 31, 1983. All projects under the grant are
complete with the actual project costs exceeding the amount on which the grant was based.
The Port applied for an additional $93,575.00 on March 26, 1992 and is now being offered
that amount under ATP-02 Grant Amendment No. 7. It was recommended that the Board
accept the FAA's Amendment No. 7 to Grant Agreement AIP-02 for $93,575.00 of
discretionary funds. The recommendation was approved on passage of Resolution No.
93442.
Acceptance of Federal Aviation Administration AIP-12 Amendment No. 1 was the
subject of a memo to the Board from the Director of Engineering notifying the Board that
on September 3, 1991, the Board accepted an Airport Improvement Program Grant Offer
of $7,671,962.00 for the following projects: widening of Taxiway 2; new Aircraft Rescue Fire
Fighting Facility; and Air Cargo Apron. Due to environmental delays it was necessary to
postpone the construction of the Air Cargo Apron project and delete it from AIP-12
funding. The FAA share of the Air Cargo Apron project is $2,997,742.00. It is proposed
that these funds be applied to the Earhart Road Improvements project. The total estimated
cost of the Earhart Road Improvements project is $13,132,000.00. The balance of the FAA
share of the project will be funded under future AIP programs. The FAA is now offering
September 21, 1993
-6-
AIP-12 Grant Amendment No. 1 which does not change the dollar amount of the grant but
changes the scope of the work to delete the Air Cargo Apron project and include a portion
of the Earhart Road Improvements project. It was recommended that the Board accept the
Federal Aviation Administration AP-12 Amendment No. 1 to the Grant Agreement. The
Acceptance of FAA Grant Offer for AIP-15 was the subject of a memo to the Board
from the Director of Engineering notifying the Board of the submittal of the Grant
Application and that the FAA has now made to the Port of Oakland a Grant Offer for
$3,026,436.00 under ALP-15 entitlement funds for the Earhart Road Improvements. The
total estimated cost of the Earhart Road Improvements project is $13,132,000.00 and the
remaining funds will be applied for through future FAA programs It was recommended
that the Board accept that FAA Grant Offer of $3,026,436.00. The recommendation was
Renewal of License and Concession Agreements - Commercial Real Estate Division
was the subject of a memo to the Board from the Director of Commercial Real Estate
notifying the Board of the policy for the renewal of existing License and Concession
Agreements. The target rents for the Commercial Real Estate Division tenants have been
prepared and were presented to the Board at closed session under instructors to negotiators.
It was recommended that the Board adopt a Resolution authorizing the staff to negotiate
the target rents as recommended. The recommendation was approved on passage of
Ralston Purina International. Inc., Lease Amendment was the subject of a memo to
the Board from the Director of Commercial Real Estate notifying the Board that Ralston
Purina International, Inc., subleases to Paragon Steakhouse Restaurants, Inc., dba Hungry
Hunter Restaurant, located on Embarcadero occupying approximately 49,672 square feet
of land under a 15 year lease and has exercised its remaining five year option to renew. It
was recommended that the Board approve the Fourth Supplemental Agreement with
September 21, 1993
7
Hungry Hunter Restaurant which provides the for the term to run to September 30, 1998,
at $4,884.41 per month with a rental adjustment of every five years based on 10% of
indicated land value. 'The current land value is $11.80 per square foot. The
Building Permit Application,
Bulkhead Repair, 1951 Embarcadero was the subject of a memo to the Board from the
Director of Engineering recommending approval for Embarcadero Cove Enterprises to
repair the failed concrete bulkhead on their leased property at Embarcadero Cove. The
work will include removal of the existing concrete deck; installation of new pile bent system;
installation of new steel tie beams and 3 x 6 wood plank deck to match the existing deck
configuration; installation of new rip rap as required; and installation of new cripple wall
to support the porch structure, and new stairs to replace the existing stairs from the deck
to the porch. The estimated cost of the proposed work is $400,000.00. The project is
Port of Oakland Tokyo Representative was the subject of a memo to the Board from
the Acting Director of Maritime notifying the Board that for cost reasons, in 1992 the Port
of Oakland Tokyo office was closed. At that time, annual compensation for our Tokyo
representative was $98,000.00 plus an additional $136,000.00 in office and general expenses.
In late 1992 a process was begun to identify potential candidates to represent the Port of
Oakland in Tokyo. In order to better manage costs and secure high-level professional Port
representation, the search for a Port Representative focused on established agencies as
opposed to individual contractors. Fourteen finalists were selected for interviews and the
evaluation has been completed. It was recommended that Nippon Maritime Co., Ltd. be
offered a one-year contract to represent the Port of Oakland in Tokyo at a compensation
level of $60,000.00 USD annually plus allowable expenses of $6,000.00 USD annually. The
September 21, 1993
8
Port of Oakland Hong Kong Representative was the subject of a memo to the Board
from the Acting Director of Maritime notifying the Board that in mid 1992 the Port allowed
its contract with Peter Hall to represent the Port in Hong Kong expire. Since that time, the
Port of Oaldand has had no follnal representation in Hong Kong. Peter Hall has assisted
the Port on an as needed basis for no fee. In trying to bring all Port of Oakland overseas
offices into alignment, established agencies were targeted as preferable to individual
contractors. After consideration of the available agencies, it was recommended that
Inchcape Shipping Services be offered a one-year contract to represent the Port of Oakland
in Hong Kong at a compensation level of $18,000.00 USD annually plus allowable expenses
of $6,000.00 USD annually. The recommendation was approved on passage of Resolution
No. 93449.
OOCL Secondary Use Revenue Division at APL Terminal was the subject of a memo
to the Board from the Acting Director of Maritime notifying the Board that the combined
Middle Harbor Terminal Preferential Assignment Agreements with American President
Lines (APL) generally provide for fixed compensation to the Port for APL's primary use of
the terminal facilities. The agreements also allow secondary use of the facilities by other
shipping lines with secondary use revenues being equally divided between the Port and APL.
There is an additional provision in the agreements which allows APL to retain 60 percent
rather than 50 percent of the secondary use charges if APL enters into an agreement
approved by the Port, committing the secondary user to a five-year
WILLI during
which the
shipping line is required to use the Oakland facility at its regularly scheduled Northern
California port of call. In December 1991, Orient Overseas Container Line began using the
APL facility as a secondary user. At the time of OOCL's initial use, APL had not submitted
to the Port the required five year Oakland port of call commitment agreement to qualify
for the 60-40 secondary revenue split. APL did submit to the Port an APL-00CL five-year
terminal use agreement but it did not have the necessary language committing OOCL to use
of the terminal as its regularly published Northern California port. It appears that APL's
September 21, 1993
-9-
inaction in this regard was in part due to their contention that OOCL's use of the premises
should be considered as primary use because of APL's space chartering agreement with
OOCL. The Port opposed this position which would have reduced or eliminated any
secondary use revenue to the Port from OOCL's use. This dispute was eventually resolved
through a Supplemental Agreement approved by the Board October 6, 1992, in which APL
conceded that the OOCL containers on the APL and OOCL joint service vessels would be
considered secondary use. While this agreement resolved the basic secondary use issue,
APL still had not submitted al of the required documentation qualifying for the 60-40
revenue split so the OOCL, secondary use activity continued to be calculated by the Port at
the 50-50 revenue split level. The proper agreement was then presented to the Board for
approval on June 1, 1993; however, Resolution No. 93246 approving the agreement as
qualifying for the 60-40 revenue split covered only the secondary use from and after June
1, 1993. In the meantime, a substantial disparity has developed between the OOCL revenue
calculated on a 50-50 basis by the Port up to June 1, 193, and the 60-40 revenue calculation
to which APL considers it is entitled, which amount to $572,561.00 for the entire period of
December 1991 through May 1993. After considerable review of the intent of APL and
OOCL in addition to the total revenue received by the Port, it was recommended that the
Board modify Resolution No. 93246 to indicate March 1, 1992, the approximate date of
APL's original submittal, as the operative date for conversion of the OOCL secondary usage
to a 60-40 revenue split basis. This will cover the major portion of the difference in the Port
vs. APL revenue split calculations or $504,070.00 of the previously stated total of
$572,561.00. The recommendation was approved on passage of Resolution No. 93450.
Award of Contract, Regrouting of Waterside Crane Rail, Berths 35-37, Seventh Street
notifying the Board of the two bids received and recommending award of the contract to
Valentine Corporation, the low bidder, at $348,369.00. The recommendation was approved
September 21, 1993
- 10 -
Award of Contract, Asphalt Concrete Paving at Former Sherex Site, Middle Harbor
Gallagher & Burk, Inc., the low bidder, at $466,575.00. The recommendation was approved
Plans and Specifications, Construction of Port View Park, Berth 40, Seventh Street
recommending their authority and approval to advertise for bids for the reconfiguring and
reconstructing of Port View Park. The existing Port View Park was constructed in 1970 to
provide public access to the shore of the bay. The park has been closed due to extensive
damage caused by the 1989 Loma Prieta Earthquake and is in need of reconstruction. The
new Port View Park will be extended from its present location near Berth 38 along the
Seventh Street Terminal southern perimeter dike to Berth 40, and will include the westerly
portion of Berth 40. The reconfigured Port View Park will provide a place for a historical
train building and a seamen service center, both of which were displaced due to the
construction of the Berth 30 terminal. The proposed project was previously evaluated as
a part of the Berth 30 project and it was found that the project was in conformance with the
Port's Guidelines for the Implementation of the California Environmental Quality Act and
is therefore exempt from further environmental review. The recommendation was approved
Revised Plans and Specifications, Construction of Middle Harbor Road from 7th
Street to Ferro Street was the subject of a memo to the Board from the Director of
Engineering recommending approval of certain revisions to the previously approved plan.
Caltrans' approval of the plans and specifications is now contingent upon a modification to
the Port's affirmative action provisions for this contract that will reflect items agreed to by
the City and Caltrans for inclusion in the Caltrans contracts for the Cypress Freeway
reconstruction. The Affirmative Action Provisions in the already approved specifications
September 21, 1993
- 11 -
have been revised to more closely match the City/Caltrans agreement while retaining the
higher goals reflected in Port policies and recognizing the monitoring capabilities of our
Office of Equal Opportunity. The recommendation was approved on passage of Resolution
No. 93454.
Approval of Change Order for Compensation Adjustment for Matson Terminal
Wharf Repair was the subject of a memo to the Board from the Director of Engineering
notifying the Board of the contract with Valentine Corporation for Earthquake damage
repair of concrete wharf, Berths 32 and 33, Matson Terminal, Oakland, California. The
work consists of the construction of a ductile concrete frame to be tied to the existing wharf
to bring this structure up to the current Port of Oakland Wharf Design Code. The work
includes repairing an estimated 11,500 square feet of spalled areas under the concrete wharf
using four different methods under four separate bid unit prices. The final total quantity
of the four types of spall repair performed was only about 55% of the estimated total bid
quantity of 11,500 square feet, and almost all of the quantity performed was of only one of
the four repair types. Based on the bid unit prices for this work, the contractor would
receive a total compensation of $374,570.00 for performing the spall repair work. The
contract specifications prescribe adjustment to this compensation when the actual quantity
of the spall repair work perfatined is less than 75% of the bid quantity, so that the
contractor can recover fixed costs from a reduced quantity of work. It was recommended
that the Board authorize a change order to Valentine Corporation for $113,430.00 as
compensation adjustment. The recommendation was approved on passage of Resolution
No. 93455.
Embarcadero Extension Private Road Crossing Agreement was the subject of a memo
to the Board from the Acting Director of Maritime recommending approval for the private
road crossing agreement with Union Pacific Railroad which is necessary to allow the
roadway to cross the track and to continue rail services to Howard Terminal. The Port will
pay the cost of reconstructing the existing railroad track to conform to the roadway. The
September 21, 1993
- 12 -
cost of the new crossing will not exceed $57,100.00. The recommendation was approved on
Personnel Items contained in a memo from the Director of Human Resources
recommended the appointment of Helen Watts, from Janitor Foreperson to Airport
Custodial Supervisor II, effective September 22, 1993, at $3,046.00 per month; the salary
appointment of Douglas Waring, Port Financial Projects Coordinator from Salary Grade 13
to rate "c" of Salary Schedule 291.60; the creation of classification and assignment of salary
schedule for the Civil Service classification of Senior Port Personnel Analyst; and the
corresponding assignment of Salary Schedule 262. Also recommended was the approval and
revision of the new Civil Service job specifications for the Port-unique classifications of Port
Personnel Analyst, Senior Port Personnel Analyst and the Port-unique classification of Port
Technical Support Analyst III. Additionally recommended was a medical leave of absence
for Manuel Perez, for 65 working days. The recommendations were approved on passage
of Resolution No. 93457 for appointments; Resolution No. 93458 for Waring Salary
Schedule; Resolution No. 93459 for Job Specifications; Resolution No. 93460 for leave of
absence; and on an ordinance passed to print for creation of classification and assignment
of Salary Schedule.
Agreement for Consulting Services for Land Surveying Service was the subject of a
memo to the Board from the Director of Engineering notifying the Board that the
Construction Department is responsible for providing legal descriptions and plats, Records
of Survey, Parcel Maps, property records research, and boundary resolution consultation
services to support Marine Terminals, Commercial Real Estate, Aviation and Engineering
Divisions when requested. The Port retains a consultant to perfoun most of the work and
the present contract for these services is about to expire. Proposals were received for the
consulting services and it was recommended that the Board authorize the preparation of an
agreement with Bissell & Karn for the land surveying services. The firm will be
compensated for their services in accordance with their submitted rate schedule. To provide
September 21, 1993
- 13 -
continuity, a one-year contract is proposed, with the Port reserving the right to extend the
contract by up to two years under the same rates, plus labor escalation, upon the written
approval of the Executive Director. The estimated cost of the work for each year, if annual
extensions are approved by the Executive Director, is $150,000.00, $165,000.00, and
$182,000.00 respectively. The recommendation was approved on passage of Resolution No.
93461.
Contract Extension for Safety Consultant Services, Risk Management Department
was the subject of a memo to the Board from the Director of Human Resources
recommending approval to extend the contract of Anthony F. Ce:rasuolo, a Safety
Consultant, currently working in the Risk Management Department from October 1, 1993
to January 1, 1994. The terms and conditions will remain the same as his current contract
and he is paid at the rate of $65.00 per hour for general consulting services. The total
contract is not to exceed $30,000.00. The recommendation was approved on passage of
The following resolutions were read a second time and passed by the following vote:
Ayes:
Commissioners Broussard, Cole, Kramer, Loh, Ortiz, Vohs,
Noes:
None
Absent:
None
FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF
THE PORT TO SOLICIT PROPOSALS FROM PROSPECTIVE SHUTTLE BUS
OPERATORS AND TO WAIVE COMPETITIVE BIDDING."
CERTIFYING CONSIDERATION OF INITIAL STUDY AND MITIGATED
NEGATIVE DECLARATION FOR EARHART ROAD RECONSTRUCTION,
FINDING NO SUBSTANTIAL EVIDENCE OF SIGNIFICANT EFFECT ON THE
ENVIRONMENT AND APPROVING THE NEGATIVE DECLARATION."
September 21, 1993
- 14 -
AND CONCESSION AGREEMENT, FIRST AND THIRD SUPPLEMENTAL
AGREEMENTS WITH NATIONAL CAR RENTAL SYS IEM, INC."
CONSENTING TO ASSIGNMENT FROM DOLLAR RENT-A-CAR OF SAN
FRANCISCO, INC., TO DOLLAR SYSTEMS, INC., OF CERTAIN LICENSE
AND CONCESSION AGREEMENTS; AND APPROVING AND AUTHORIZING
EXECUTION OF CERTAIN FIRST AND THIRD SUPPLEMENTAL
AGREEMENTS WITH DOLLAR SYSTEMS, INC."
APPROVING AND AUTHORIZING EXECUTION OF CERTAIN THIRD
SUPPLEMENTAL AGREEMENTS WITH AVIS RENT-A-CAR SYSTEM, INC.,
BUDGET RENT A CAR SYSIEMS, INC., THE HERTZ CORPORATION; AND
THAT CERTAIN FIRST SUPPLEMENTAL AGREEMENT WITH ALAMO
RENT A CAR, INC."
AUTHORIZING PURCHASE OF LEASED MICROPHONES AND RENTING
OF RADAR COMPONENTS OF AIRPORT NOISE MONITORING SYSTEM,
CALIFORNIA."
AWARDING CONTRACT TO ROSENDIN ELECTRIC, INC., FOR
CONSTRUCTION OF AIRFIELD SIGNAGE, METROPOLITAN OAKLAND
IN I ERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, A.I.P.
3-06-0170-04; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN
CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND
APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF ARFF
QUICK RESPONSE PAD, SOUTH FIELD, MEIROPOLITAN OAKLAND
INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA (A.I.P. 3-06-0170-07);
AND CALLING FOR BIDS THEREFOR."
ACCEPTING AMENDMENT NO. 7 TO GRANT OFFER OF THE UNITED
STA1ES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT
DI. I A08-C-30035."
September 21, 1993
- 15 -
ACCEPTING AMENDMENT NO. 1 TO GRANT OFFER OF THE UNTIED
STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT
DFTA08-C-30502."
ACCEPTING GRANT OFFER OF THE UNITED STATES
ES OF AMERICA AND
AUTHORIZING EXECUTION OF GRANT AGREEMENT WITH THE
FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO.
3-06-0170-15."
INS'TRUC'TING PORT STAFF REGARDING RATES AND'TERMS TO BE
NEGOTIATED WITH EXISTING LICENSEES OF CERTAIN PORT
PROPERTIES."
APPROVING AND AUTHORIZING EXECUTION OF FOURTH
SUPPLEMENTAL AGREEMENT TO LEASE WITH RALSTON PURINA
INTERNATIONAL, INC.
GRANTING CLYDE R. GIBB, AN INDIVIDUAL,, LAWRENCE J. KATZ, AN
INDIVIDUAL, AND ARTHUR W. WELLENS, AN INDIVIDUAL, PERMISSION
TO PERFORM CERTAIN WORK."
FINDING AND DE TERIVITNING THAT A PROPOSED AGREEMENT WITH
NIPPON MARITIME CO., LID., FOR REPRESENTATION SERVICES
SAID AGREEMENT."
INCHCAPE SHIPPING SERVICES FOR REPRESENTATION SERVICES
SAID AGREEMENT."
September 21, 1993
- 16 -
AMENDING RESOLUTION NO. 93246 CONSENTING TO DESIGNATION OF
SECONDARY USE BY AMERICAN PRESIDENT LINES, LTD., TO ORIENT
OVERSEAS CONTAINER LINES, INC., AND APPROVING AMERICAN
PRESIDENT LINES, LTD., USE AGREEMENT WITH .ORIENT OVERSEAS
CONTAINER LINES, INC."
AWARDING CONTRACT TO VALENTINE CORPORATION, FOR
REGROUTING WATERSIDE CRANE RAIL, BERTH 35-37, SEVENTH
STREET TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF
BIDDERS.
AWARDING CONTRACT TO GALLAGHER & BURK, INC., FOR ASPHALT
CONCRETE PAVING AT FORMER SHEREX SITE, MIDDLE HARBOR
1E,RMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS
APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PORT
VIEW PARK, BERTH 40, SEVENTH STREET TERMINAL, OAKLAND,
APPROVING REVISED PLANS SPECIFICATIONS FOR CONSTRUCTION OF
MIDDLE HARBOR ROAD FROM SEVENTH STREET TO FERRO STREET,
APPROVING ISSUANCE OF CHANGE ORDER FOR EARTHQUAKE
DAMAGE REPAIR OF CONCRETE WHARF, BERTHS 32 AND 33, MATSON
RATIFYING AND APPROVING PRIVATE CROSSING AGREEMENT WITH
UNION PACIFIC RAILROAD COMPANY."
APPOINTING HELEN WATTS TO THE POSITION OF AIRPORT CUSTODIAL
SUPERVISOR II."
September 21, 1993
- 17 -
ASSIGNING DOUGLAS WARING TO APPROPRIATE RATE WITHIN NEW
SALARY SCHEDULE."
APPROVING JOB SPECIFICATIONS FOR THE POSITION OF PORT
PERSONNEL ANALYST, SENIOR PORT PERSONNEL ANALYST AND PORT
I ECHNICAL SUPPORT ANALYST III."
RATIFYING LEAVE OF ABSENCE TO MANUEL R. PEREZ, EQUIPMENT
SYSTEMS ENGINEER."
BISSELL & KARN FOR CONSULTING SERVICES CONSTITUTES
COMPEITIIVE BIDDING; AND AUTHORIZING EXECUTION OF SAID
AGREEMENT."
AGREEMENT WITH ANTHONY F. CERASUOLO, FOR SAFETY
SERVICES AND WAIVING COMPE1TITVE BIDDING; AND AUTHORIZING
INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION FOR
LABOR RELATIONS CONSULTING SERVICES CONSTITUTES
PROFESSIONAL OR SPECIALIZED SERVICES AND WITHOUT
AGREEMENT."
REGARDING DIRECTOR OF MARITIME ACTIVITIES."
Port Ordinance No. 3171 being, "AN ORDINANCE AMENDING SECTION 2c OF
PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF FACILITIES
AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT', and Port Ordinance
No. 3172 being, "AN ORDINANCE APPROVING AND AUTHORIZING THE GRANT
OF EASEMENTS AND RIGHTS OF WAY TO PACIFIC BELL", and Port Ordinance No.
September 21, 1993
- 18 -
3173 being, "AN ORDINANCE APPROVING AND AUTHORIZING THE GRANT OF
EASEMENT TO PACIFIC BELL", and Port Ordinance No. 3174 being, "AN
ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE NEW SALARY
SCHEDULE NO. 291.6, TO REII1LE THE POSITIONS OF JANITOR FOREPERSON
AND CHIEF AIRPORT JANITOR AND TO ASSIGN SALARY SCHEDULES TO
CERTAIN POSITIONS", were read a second time and passed by the following vote:
Ayes:
Commissioners Broussard, Cole, Kramer,
Loh, Ortiz, Vohs and President Lockhart - 7
Noes:
None
Absent:
None
ORDINANCE NO. 867 TO CREATE ONE NEW POSITION OF SENIOR PORT
PERSONNEL ANALYST', was read a first time and passed to print by the following vote:
Ayes:
Commissioners Broussard, Cole, Kramer, Loh, Ortiz, Vohs
Noes:
None
Absent:
None
September 21, 1993
- 19 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, October 19, 1993, at the hour of
Cole, Loh, Ortiz, Vohs and
Broussard and Kramer - 2
Director of Aviation; Director of Human Resources; Director of Engineering; Senior
Commercial Representative, Dennis White; Director of Finance; Acting Director of
Maritime Activities, John Nolan; Director of Governmental Affairs; and Secretary of the
Board.
The minutes of the regular meeting of June 15, 1993; and the adjourned regular
meeting of June 21, 1993 were approved as submitted and ordered filed.
report of the Port Attorney on litigation matters as provided for under government code
section 54956.9 (a) and pending litigation as provided for under government code section
54956.9 (b) and (c).
Commissioner Loh, member of the Human Resources Committee, informed the
Rejection of Bids and Authorization to Negotiate Contract - Service and
Maintenance for Passenger Loadin Brid es South Airport was the subject of a memo to
the Board from the Director of Engineering notifying the Board of the two bids received
and recommending that the bids be rejected as the low bidder, Marine Maintenance, Inc.,
at $304,825.03, did not provide a sufficient bid bond which disqualified its bid. The other
bidder, AC3, is disqualified because the company has been in existence less than two years
and the specifications require the bidder to have two years of experience maintaining
loading bridges. It was recommended that both bids be rejected; bid securities be returned
to the respective bidders; and the Executive Director be granted authority to negotiate a
contact for the work in the open market. Mr. Denny McLeod, President and owner of AC3,
appeared before the Board to note that the principals of the company were performing the
work on the passenger loading bridges under a different name and that the new company
was basically only a name change. After review and discussion, the Board asked that the
Port Attorney review the Board's options in closed session. After the closed session, the
Board approved the recommendation of the Director of Engineering on passage of
for the Term of One Year or Less and First Supplemental Agreement with Alaska Airlines.
Inc., was the subject of a memo to the Board from the Director of Aviation notifying the
Board that Alaska Airlines has been a Port tenant since 1983 in Terminal I on the South
Airport occupying ticket counter space, office space, bag make-up space and bag service
office space in Building M-101 and 240 square feet of office space in Building M-103, at
$25,351.66 per month. It was recommended that the Board approve a renewal agreement
for one year expiring November 30, 1993, at $25,682.64 a month. It is also proposed to
enter a First Supplemental Agreement to be effective April 1, 1993 that would decrease the
bag service office space by 45 square feet in Building M-101 and delete the 240 square feet
of office space in Building M-103. The rent would be decreased to $22,651.04 per month.
Recommended Approval of New License and Concession Agreement - Morris Air
Corporation was the subject of a memo to the Board from the Director of Aviation
October 19, 1993
-2-
recommending approval of a new agreement with Morris Air Corporation for 213 square
feet of ticket counter space, 225 square feet of office space, and 1,335 square feet of bag
make-up space located in Building M-101, at $8,073.00 per month effective October 1, 1993.
Recommended Approval of License and Concession Agreement and Agreement to
Renew License and Concession Agreement for the Term of One Year or Less with Pacific
Gas and Electric Company was the subject of a memo to the Board from the Director of
Aviation notifying the Board that the Pacific Gas and Electric Company has occupied Bay
B of Hangar 8 on the North Airport for its corporate aircraft base since 1967 as a subtenant
of Avionics Systems, Inc., doing business as Tower Aviation Services. PG&E paid Tower
a most recent monthly rental of $3,000.00 which included utilities. At Tower's request, the
Board approved Tower's relinquishment of a major portion of its premises including the
PG&E space retroactive to October 31, 1991. After extensive negotiations, an agreement
has been reached with PG&E to rent directly from the Port, slightly altered and expanded
premises in Bay B, Hangar 8, retroactive to November 1, 1991. The premises would include
15,532 square feet of hangar, shop, office and storage space; 28,450 square feet of adjoining
apron; and 9,875 square feet of adjacent paved parking space. The rent for the period,
November 1, 1991 through December 15, 1991, would be $3,000.00 per month including
utilities; for the period, December 16, 1991 through October 31, 1992, $6,075.68 per month
less $1,256.72 credit per month for a portion of the premises that were unusable by PG&E,
plus utility charges; and for the period, November 1, 1992 through October 31, 1993,
$6,270.11 per month less $1,296.94 per month credit for unusable area through February 23,
1993, plus utility charges. It was recommended that the Board approve the agreements.
Recommended Approval of New License Agreement with Smarte Carte Inc. for
Luggage Cart and Locker Concession was the subject of a memo to the Board from the
Director of Aviation recommending approval to enter into a new agreement with Smarte
October 19, 1993
3
Carte, Inc., for their operations at the Airport. The term would be for five years with a five
year option at the Port's sole discretion; they would be required to spend $139,000.00 over
the five year period to up-grade carts, lockers and add new change machines. The cart
rental charge would be $1.00 with $.25 reward for returned carts. The company would
provide complimentary carts in the international arrivals building at no direct charge to the
user with the Port paying Smarte Carte $.75 per cart use. The locker rental charge would
be $.75 for 24 hours and for the new proposed electronic lockers 1/2 hour at $.75 with a
$4.50 per day maximum. The firm would provide 10% DBE gross revenue participation..
Smarte Carte would pay 10% of cart and locker gross revenue against $700.00 per month
minimum guaranteed rent, plus storage space rent at Port Ordinance set rate. The
Consent to Encumber Sublease - KaiserAir. Inc. was the subject of a memo to the
Board from the Director of Aviation notifying the Board that the Board previously
consented to the assignment of the primary fueler lease at the North Airport covering
primary fueling rights, all of Hangar 5 and the Executive Terminal to KaiserAir, Inc. The
lease also requires Port consent to encumber both the lease or subleases. On August 10,
1993, the Board consented to the assignment of Flightcraft, Inc.'s tenant interest in an
industrial net lease, actually a sublease, covering a portion of Hangar 5 with Earhart
Associates as sublessor to KaiserAir. Earhart conditioned its assignment consent on
Flightcraft remaining liable under the net lease for six years and securing its liability by an
irrevocable letter of credit payable to Earhart in the amount of $72,000.00. As a result,
KaiserAir was required to provide Flightcraft with a security interest in the net lease to
protect Flightcraft in case of default by KaiserAir. KaiserAir has requested Port consent
to granting a security interest in the net lease to Flightcraft and it was recommended that
the request be approved. The recommendation was approved on passage of Resolution No.
93491.
October 19, 1993
-4-
Approval to Submit PFC Application was the subject of a memo to the Board from
the Director of Aviation notifying the Board that on June 26, 1992, the FAA approved
collection of Passenger Facility Charges at Oakland International Airport on behalf of 15
capital projects included as part of the Port's first PFC application. Based on current
collection levels, collections under PFC #1 are due to expire May 30, 1994. As required
under Section 158.23 of Federal Aviation Regulation Part 158, Passenger Facility Charges,
on September 15, 1993, the Airport held its meeting for consultation with air carriers and
foreign air carriers to discuss the projects proposed for PFC funding under the Port's second
PFC application. As the Port has now satisfied the requirements for "Consultation with Air
Carriers," and as the 30 day review period for airline agreement/disagreement has passed,
the Port is now eligible to file its PFC application with the Federal Aviation Administration
for approval to collect PFCs. It was recommended that the Board approve the filing of an
application with FAA for approval to collect a $3.00 Passenger Facility Charge at Oakland
International Airport on behalf of projects covered under the second PFC application. The
Plans and Specifications. Construction of Gate 26A, (Stage 2), Terminal II, Building
M-130 was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the construction of an
enclosed second floor access to replace the current ground level open access to the existing
Gate 26A position. The contract for the construction of the foundations and the structural
framing (Stage 1) was awarded by the Board on October 5, 1993. This contract, Stage 2,
includes roofing, walls, finishing and electrical and mechanical systems. The passenger
loading bridge will be provided and installed by Southwest Airlines. The project is
Rejection of All Bids and Authorization to Revise Plans and Specifications and to
Solicit Proposals for Construction of Passenger Rail Station Facility, Jack London Square
October 19, 1993
-5-
Board of the eight bids received ranging in price from $7,558,000.00 to $8,196,000.00. The
engineer's estimate for the work is $6,433,303.00, based on what has been a very favorable
market for recent building construction contracts. Upon review, it has been determined that
the engineer's estimate is low and does not fully reflect the complexity of the work or the
time allowed for its construction. As the funding available is insufficient to construct the
project as it is currently defined, it is necessary to revise the plans and specifications to
reduce the construction cost to within the budget, and to rebid the reduced project. The
proposed revisions include simplifying details and construction methods; deleting certain
items without adversely impacting the overall design of the facility; providing additive
alternates so that deleted items may be added back if there is sufficient funding available;
and providing for a more liberal contract time. It was recommended that the Board reject
all bids and return bid securities to the respective contractors; authorize the revision of the
plans and specifications for the project in order to reduce cost to within the amount of
available funding; and find it to be in the best interests of the Port to dispense with formal
bidding procedures based on the revised plans and specifications; and authorize the
Executive Director to negotiate and execute a contract based on the receipt of informal
quotations from the bidding contractors. The recommendation was approved on passage
Waterfront Plaza Hotel - Sixth Supplemental Agreement was the subject of a memo
to the Board from the Senior Commercial Representative notifying the Board that the
Board previously granted permission to Mr. C. R. Gibb, doing business as The Waterfront
Hotel, to construct a new vestibule and awning at the present bar entrance to Jack's
Restaurant. To facilitate the construction of the vestibule, it will be necessary to add
approximately 156 square feet of area to the leased premises and it was recommended that
the Board approve the Sixth Supplemental Agreement revising the legal description of the
lease to incorporate this additional square footage. The addition is categorically exempt and
October 19, 1993
-6-
does not require the preparation of an environmental document. The recommendation was
approved on passage of an ordinance to print.
Rejection of Bids and Authorization to Negotiate Contract - Remove Underground
Fuel Storage Tank PF-01, 1363 Embarcadero was the subject of a memo to the Board from
the Director of Engineering notifying the Board of the five bids received and that the
apparent low bidder of Applied Environmental Solutions, Inc., at $22,990,00 did not contain
a valid bid security. The second lowest bidder exceeds the engineer's estimate by 44%
which is considered to be excessive. It was recommended that the Board reject all of the
bids; return bid securities to the respective bidders; and authorize the Executive Director
to negotiate a contract for the work in the open market. The recommendation was
Approval of Change Orders for Berth 10 Damaged Pile Repairs was the subject of
with Valentine Corporation for replacement and repair of bearing piles, Berth 10, Bay
Bridge Terminal, Oakland, California that became effective on November 20, 1992 at a
lump sum and unit prices totalling $1,369,970.00. The work consists of repair of reinforced
concrete piles, beams, slabs and asphalt concrete pavement. Due to increased quantities of
certain types of pile repairs, it is necessary to issue to the Contractor two change orders in
the estimated amounts of $430,000.00 and $120,000.00. There are over 2,000 piles under
this wharf and, as has been the case in almost all earthquake repair work, additional or
greater earthquake damage was found as the work proceeded. Based on information
available to date, it is estimated that this additional work will cost approximately
$430,000.00. Other non-earthquake damage repair included the construction of pile jackets
around an estimated 2,534 linear feet of damaged piles using a repair type designated as 'PJ'
at a bid unit price of $210.00 per linear foot, a total cost of $532,140.00 for the PJ repairs.
After it became evident that the additional earthquake damage repair work would increase
the project cost significantly, staff re-examined the project scope and budget and decided
October 19, 1993
-7-
to delete or reduce the scope of the Port-funded work item s to minimize the impact to the
projected budget. The quantity of PJ-type repairs was reduced by over 50% to
approximately 1,100 linear feet, and the repairs were selectively performed to still provide
for a usable berth facility with limited but adequate wharf space. In order to allow the
contractor to recover fixed costs from a reduced quantity of work, the contract specifications
prescribe adjustment to the bid unit price when the actual quantity of a unit priced item of
work perfollued is less than 50% of the bid quantity. Based on records available to date,
it is estimated that a change order in the approximate amount of $120,000.00 as additional
compensation to the Contractor is warranted. The total cost of the PJ repairs will be
approximately $351,000.00, as compared to the contract amount of $532,140.00 for this work.
The final amount of the two change orders will be determined after the work has been
completed and after all cost documentation submitted by the Contractor has been verified.
It was recommended that the Board authorize the two change orders to Valentine
Corporation for the estimated amounts of $430,000.00 and $120,000.00, respectively, and to
extend the time of contract completion by 137 calendar days. The recommendation was
Approval of Change Order for Ninth Avenue Terminal, Earthquake-Damaged Pile
Repairs was the subject of a memo to the Board from the Director of Engineering notifying
the Board of the contract with Western Waterproofing Co., Inc., for Berths 82, 83 & 84,
repair of earthquake damaged piles, 9th Avenue Terminal, Oakland, California. The work
consists in general of repair of cracked concrete jacketed concrete and timber piles by epoxy
injection or surface sealing, depending on the severity of cracking. During repair of the 585
damaged piles identified in the contract, very detailed inspections were made of all piles,
and it was found that approximately 450 additional piles would require epoxy injection
repair. To ensure timely completion of the repair and to avoid charges for remobilization,
the Contractor was directed to perform the epoxy injection repair work on the remaining
damaged piles while an appropriate unit price was being negotiated. Since most of the
October 19, 1993
-
newly found damage is in the less accessible areas, the negotiated price per pile to be
repaired is higher than for those in the more open areas. Staff and the Contractor have
agreed on a unit price of $320.00 per pile to repair the remaining piles. The estimated final
change order cost is $144,000.00. It was recommended that the Board authorize a change
order to Western Waterproofing Co., Inc., for an estimated total amount of $144,000.00 for
the additional pile repair work. The recommendation was approved on passage of
Twelfth Supplemental Agreement with International Transportation Service and
Adjustment to Container Crane Rental and Maintenance Rates at Berth 25/26 was the
subject of a memo to the l3oard from the Acting Director of Maritime notifying the Board
that International Transportation Service operates Outer Harbor Berth 25/26. The facility
was initially assigned to "K" Line under a Nonexclusive Preferential Assignment Agreement.
This facility was subsequently assigned to ITS, a wholly owned subsidiary of "K" Line. In
1989, the northerly boundary of the Berth 25/26 terminal was moved 146 feet to the south
to allow for expansion of the Berth 24 Maersk Terminal. The Agreement with ITS provides
that an additional 1.4 acres are to be added to the Berth 25/26 terminal following the Port's
completion of the Seventh Street road realignment. The additional 1.4 acres are now
available for development due to the construction of the new Berth 30 terminal and
relocation of Seventh Street. The proposed adjustment to compensation terms in the
Agreement equates to an increase of 1,200 loaded twenty-foot equivalent units to the annual
breakpoint and guarantee. ITS is also assigned two PACECO built modified A frame
container gantry cranes, X-411 and X-412, at the Berth 25/26 facility. Recently, the lifting
height of both of these cranes was raised by 20 feet thereby increasing the height under the
spreader from 82 feet to 102 feet. As a result of the crane modification, the Port and ITS
have agreed to increase the existing annual crane guarantee in the Agreement by
$194,330.00. The container crane rental and maintenance rates for the two cranes assigned
to ITS will also be increased to reflect increased expenses for operations, labor and parts.
October 19, 1993
9
The adjustment will result in a base rental rate of $385.00 per hour and a maintenance and
repair rate of $170.00 per hour effective December 3, 1993. It was recommended that the
Board approve of the provisions and the tariff changes concerning the cranes. The
recommendation was approved on passage of Resolution No. 93498 for supplemental
agreement and on an ordinance passed to print for changes related to the cranes.
Approval of Geotechnical Services to Design Galbraith Dredge Disposal Site was the
subject of a memo to the Board from the Director of Engineering recommending approval
to enter into an agreement with Subsurface Consultants, Inc., to perform geotechnical site
investigation and to repair a report to supply the necessary information to establish the
parameters needed for design of the disposal site at the Galbraith Golf Course. The firm
will be reimbursed at the normal billing rates for the actual hours of work and for other
direct costs for services required for the work. The maximum payment that can be made
under the agreement is $60,500.00 with certain additional work available at the discretion
of the Executive Director. The recommendation was approved on passage of Resolution
No. 93499.
Adjustment to Taiwan and Korea Agent Contracts was the subject of a memo to the
Board from the Acting Director of Maritime notifying the Board of the Port's representation
in Taiwan and Korea and recommending approval of new contracts. The new contracts with
both the Global Group for Korea and Grocean Shipping for Taiwan will be for a one year
period at a compensation level of $18,000.00 US dollars per year plus allowable
reimbursable expenses for travel and entertainment of up to $6,000.00 US dollars annually.
The recommendation was approved on passage of Resolution No. 93500 for Grocean and
Resolution No. 93502 for Global.
Sixth Supplemental Agreement with Norsul Internacional S.A. was the subject of a
memo to the Board from the Acting Director of Maritime notifying the Board of a previous
Fifth Supplemental Agreement of the Terminal Use Agreement with Norsul Internacional
S.A. to modify the expiration date to September 30, 1993, and provided for an additional
October 19, 1993
- 10 -
one month extension upon. Port notice, pending finalization of terms for the new TUA. The
extended termination date of October 31, 1993 is approaching but Norsul has not yet
completed their analysis of terminal requirements. It was recommended that the Board
approve the Sixth Supplemental Agreement to modify the expiration provisions of the TUA
by providing an additional two month period beyond October 31, 1993. The
Personnel Items contained in a memo from the Director of Human Resources
recommended the appointment of Patrick Ryan to the position of Governmental Affairs
Specialist, October 20, 1993, at $5,460 per month; James Trickel, as Airport Operations
Supervisor, effective October 20, 1993, at $4,224 per month; and Crystal Jackson, as
Intermediate Stenographer Clerk, effective October 27, 1993, at $2,312 per month. Also
recommended was the examination announcement for the Civil Service classification of
"Wharfinger" in the Maritime Activities Division; medical leave of absence for Ms. Sabrina
Del Favero, Senior Secretary, for 21 working days through November 1, 1993. The
recommendations were approved on passage of Resolution No. 93503 for appointments;
Resolution No. 93504 for examination announcement; and Resolution No. 93505 for medical
leave of absence.
Authorization to I'urchase Network Servers, Port wide Software and Related
HP/Network Equipment was the subject of a memo to the Board from the Director of
Finance notifying the Board of the implementation of a comprehensive office automation
system and recommending approval to proceed with informal quotations for the purchase
of file servers, HP/networking and telecommunication equipment and Port-wide software.
This equipment and software is expected to cost $242,450.00 and funds are included in the
Capital Improvement Program which was approved by the Board on June 15, 1993.
Agreement for Consulting Services for Human Resources Information System Project
was the subject of a memo to the Board from the Director of Finance recommending
October 19, 1993
- 11 -
approval to enter into an agreement with Taylor Consulting to provide professional services
in the selection and implementing of the best package to replace the Port's current
personnel and payroll preparation software. Taylor Consulting's professional fees and
expenses are not to exceed $60,000.00. The recommendation was approved on passage of
Amendment of Tax Regulatory Agreement for Certain Port Revenue Bonds was the
subject of a memo to the Board from the Director of Finance notifying the Board that the
Board entered into a Tax Regulatory Agreement dated as of May 10, 1989 relating to the
Series A Bonds and the Series B Bonds, a Tax Regulatory Agreement dated as of May 24,
1989 relating to the Series C Bonds and a Tax Regulatory Agreement dated as of June 1,
1992 relating to the Series E Bonds. In these Tax Regulatory Agreements, the definition
of the teint "Bond Year" means the tax year beginning and ending the month of May. In
June 1993, the Board approved the issuance of the Port of Oakland Refunding Revenue
Bonds, 1993 Series F and the Tax Regulatory Agreement of the 1993 Series F Bonds
provides the definition of the "Bond Year" as beginning and ending in the month of
November. For purposes of consistency in the calculations of arbitrage rebates of the 1989
Series A, 1989 Series B, 1989 Series C, 1992 Series E Bonds, and the 1993 Series F Bonds,
it is proposed that the definition of the "Bond Year" be amended to end on October 31,
each year. It was recommended that the Board adopt a resolution executing the First
Supplemental Tax Regulatory Agreement with the Trustee, Bank of America, providing for
the change. The recommendation was approved on passage of Resolution No. 93508.
Supplemental Agreement Between The Port of Oakland and Richard L.
Sinnott & Company was the subject of a memo to the Board from the Director of
Governmental Affairs recommending approval to renew the agreement with Richard L.
Sinnott & Company for federal advocacy services. The proposed Supplemental Agreement
would continue the current terms of the contract which include a retainer amount of
$8,230.00 per month for services up to 20 hours per month for Richard Sinnott and up to
October 19, 1993
- 12 -
40 hours per month for Phil Bangert; an hourly rate for time in excess of the above hours
per month of $195.00 per hour for Richard Sinnott and $135.00 per hour for Phil Bangert,
up to a maximum monthly billing of $12,000.00 for any single month; a maximum annual
amount for incidental expenses of $36,000.00; and the maximum amount of compensation
to the consultant would be $12,000.00 plus expenses per month and up to $180,000.00 per
year. The agreement also allows for the extension of the agreement for one additional year
at the option of the Port. The recommendation was approved on passage of Resolution No.
93509.
Contracts for Environmental Laboratory Services was the subject of a memo to the
Board from the Director of Engineering notifying the Board of the services required by the
Port for environmental testing and recommending approval to enter into contracts with
Clayton Environmental Services and D & M Laboratories. The two laboratories were
selected in order to give the Port greater flexibility, and to account for instances where one
laboratory might be unable to meet a deadline set by the Port. It is proposed to enter into
two-year tee in annual professional services contracts with both Clayton and D&M. The
amount of each contract will not exceed $250,000.00 per year which is consistent with the
current level of testing activity. The recommendation was approved on passage of
Resolution No. 93510 for Clayton and Resolution No. 93511 for D&M.
Professional Services Agreement with Bay Area Tank and Marine for Bioremediation
Services was the subject of a memo to the Board from the Director of Engineering notifying
the Board that the Port initiated a successful pilot bioremediation center on Port property
near Langley Street and Doolittle Drive in 1990. In 1991, the Regional Water Quality
Control Board approved the Port's plan to continue and expand bioremediation operations.
A professional services agreement between the Port and Exeltech, later named RESNA
Industries, Inc., became effective February 11, 1992. By June 1993, it was clear that there
were contractual problems with RESNA and the firm was not achieving the desired
treatment of soils, and RESNA had abandoned the job site. Approximately $125,000.00 in
October 19, 1993
- 13 -
billed services is in dispute and the Agreement has been terminated. The Port
Environmental Department urgently needs to resume bioremediation services with another
film as soon as possible. Substantial quantities of contaminated soils from Port construction
activities remain stockpiled at the Port's Bioremediation Site and the site is full. There are
a number of Port construction projects in progress and in planning stages that anticipate an
available site to treat soils. It was recommended that the Board approve a contract with
Bay Area Tank and Marine to perform the necessary services for a fixed price of $40.00 per
cubic yard of material treated until hydrocarbons have been reduced to non detectable
levels. There are 3500 cubic yards of material at the Bioremediation Site. The contract
amount will be for $200,000.00 or enough to treat 5000 cubic yards of soils at $40.00 a cubic
yard. The recommendation was approved on passage of Resolution No. 93512.
announced by President Lockhart, and reconvened in open session at the hour of 4:30
p .m.
The following resolutions were introduced and passed separately by the following vote:
Ayes:
Commissioners Cole, Loh, Ortiz, Vohs and President Lockhart - 5
Noes:
None
Absent:
Commissioners Broussard and Kramer - 2
REJECTING ALL BIDS FOR THE FURNISHING SERVICE AND
MAINTENANCE FOR TWELVE "JETWAY" AND NINE "SAFEGAIE"
PASSENGER LOADING BRIDGES, SOUTH FIELD, METROPOLITAN
OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA,
DIRECTING RETURN OF BID BOND TO BIDDERS AND AUTHORIZING A
CONTRACT IN THE OPEN MARKET WITHOUT COMPETITIVE BIDDING."
TO RENEW LICENSE AND CONCESSION AGREEMENT FOR TERM OF
ONE YEAR OR LESS AND FIRST SUPPLEMENTAL AGREEMENT WITH
ALASKA AIRLINES, INC."
October 19, 1993
- 14 -
AND CONCESSION AGREEMENT WITH MORRIS AIR SERVICE, INC."
AND CONCESSION AGREEMENT AND AGREEMENT TO RENEW LICENSE
AND CONCESSION AGREEMENT FOR TERM OF ONE YEAR OR LESS
WITH PACIFIC GAS AND ELECTRIC COMPANY."
AND CONCESSION AGREEMENT WITH SMAP:IE CARTE, INC."
CONSENTING TO ENCUMBRANCE OF INDUSTRIAL NET I EASE TO
FLIGHTCRAFT, INC."
AUTHORIZING AN APPLICATION TO BE PILED WITH THE FEDERAL
AVIATION ADMINISTRATION FOR APPROVAL TO COLLECT AND USE
PASSENGER FACILITY CHARGES AT THE METROPOLITAN OAKLAND
IN'T'ERNATIONAL AIRPORT."
APPROVING PLANS AND SPECIFICATIONS FOR CONS TRUCTION OF
GATE 26A, (STAGE 2), TERMINAL II, BUILDING M-130, SOUTH FI ELD,
REJECTING ALL BIDS FOR CONSTRUCTION OF PASSENGER RAIL
STATION FACILITY, JACK LONDON SQUARE, OAKLAND, CALIFORNIA.
DIRECTING RETURN OF BID BOND TO BIDDERS AND AUTHORIZING A
CONTRACT IN THE OPEN MARKET WITHOUT COMPETITIVE BIDDING."
REJECTING ALL BIDS FOR CONTRACT TO REMOVE UNDERGROUND
FUEL STORAGE TANK PF-01, 1363 EMBARCADERO, OAKLAND,
CALIFORNIA, DIRECTING RETURN OF BID BOND TO BIDDERS AND
AUTHORIZING A CONTRACT IN THE OPEN MARKET WITHOUT
COMPETITIVE BIDDING."
October 19, 1993
- 15 -
FOR APPROVAL OF CHANGE ORDERS FOR BERTH 10 DAMAGED PILE
REPAIRS, BAY BRIDGE TERMINAL, OAKLAND, CALIFORNIA."
FOR APPROVAL OF CHANGE ORDER FOR REPAIR OF EARTHQUAKE
DAMAGED PILES, BERTHS 82, 83 AND 84, NINTH AVENUE 'TERMINAL,
AUTHORIZING EXECUTION OF TWELFTH SUPPI FMENTAL AGREEMENT
WITH INTERNATIONAL TRANSPORTATION SERVICES, INC."
SUBSURFACE CONSULTANTS, INC. FOR ENGINEERING DESIGN
CONSULTING SERVICES CONSTITUTES
ES PROFESSIONAL OR SPECIALIZED
SERVICES AND WAIVING COMPETITIVE BIDDING; AND AUTHORIZING
GROCEAN SHIPPING FOR PORT REPRESENTATION SERVICES
WAIVING COMPE1ILIVE BIDDING; AND AUTHORIZING EXECUTION OP
SAID AGREEMENT."
GLOBAL GROUP FOR PORT REPRESENTATION SERVICES CONSITTU'l ES
AGREEMENT."
AUTHORIZING OF SIXTH SUPPLEMENTAL AGREEMENT WITH NORSUL
IN'IERNACIONAL S.A."
"RESOLD' I ION NO. 93504
RESOLUTION APPROVING EXAMINATION ANNOUNCEMENT FOR THE
POSITION OF WHARFINGER."
October 19, 1993
- 16 -
RATIFYING EXTENDED LEAVE OF ABSENCE TO SABRINA DEL FAVERO,
SENIOR SECRETARY."
THE PORT TO PROCURE NETWORK SERVERS, SOFTWARE AND
RELATED HP/NETWORK EQUIPMENT WITHOUT COMPETITIVE BIDDING
AND AUTHORIZING PROCUREMENT OF SAME ON THE OPEN MARKET."
TAYLOR CONSULTING FOR CONSULTING SERVICES CONSTITU'T'ES
AGREEMENT."
AUTHORIZING THE AMENDMENT OF TAX REGULATORY AGREEMENTS
RELATING TO PORT OF OAKLAND REVENUE BONDS, 1989 SERIES A, 1989
SERIES B, 1989 SERIES C, 1990 SERIES D, 1992 SERIES E AND 1993 SERIES
F, AND CERTAIN OTHER ACTIONS."
FINDING AND DETERMINING THAT A PROPOSED SECOND
SUPPLEMENTAL AGREEMENT WITH RICHARD L. SINNOTT & CO., FOR
REPRESENTATION OF THE PORT OF OAKLAND BEFORE THE FEDERAL
GOVERNMENT CONSTITUTES PROFESSIONAL OR SPECIALIZED
SERVICES; AND AUTHORIZING EXECUTION OF SAID SECOND
SUPPT FMENTAL AGREEMENT."
CLAYTON ENVIRONMENTAL SERVICES, INC., FOR ENVIRONMENTAL
CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED;
AND AUTHORIZING EXECUTION OF SAID SECOND SUPPLEMENTAL
AGREEMENT."
FINDING AND DE 1ERMINING THAT A PROPOSED AGREEMENT WITH
D&M LABORATORIES FOR ENVIRONMENTAL CONSULTING SERVICES
CONSTITU'T'ES PROFESSIONAL OR SPECIALIZED SERVICES AND
WAIVING COMPETITIVE BIDDING AND AUTHORIZING EXECUTION OF
SAID AGREEMENT."
October 19, 1993
- 17 -
ION NO. 93512
"RESOLUTION
BAY AREA TANK AND MARINE FOR BIOREMEDIAIION SERVICES
SAID AGREEMENT."
GRANTING KGO I ELEVISION INC., PERMISSION TO PERFORM CERTAIN
WORK."
AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT AND
MUTUAL RELEASE WITH DIANE LICHTENSTEIN."
Port Ordinance No. 3176 being, "AN ORDINANCE AMENDING SECTION 2.03
OF PORT ORDINANCE NO. 867 AND CREATING ONE ADDITIONAL POSI I ION OF
GOVERNMENT AFFAIRS SPECIALIST" was read a second time and passed by the
following vote:
Ayes:
Commissioners Cole, Loh, Ortiz, Vohs and
Noes:
None
Absent:
AUTHORIZING EXECUTION OF A SIXTH SUPPLEMENTAL AGREEMENT TO
LEASE WITH C.R. GLB13 AND THE BOAT EL AND DIRECTING RECORDATION
THEREOF", and Port Ordinance No. being,
"AN ORDINANCE AMENDING
PORT ORDINANCE NO. 2833 RELATING TO CONTAINER CRANE ASSIGNMENT
AND RENTAL RA'IES", were read a first time and passed to print by the following vote:
October 19, 1993
- 18 -
Ayes:
Commissioners Cole, Loh, Ortiz, Vohs and
Noes:
None
Absent:
seconded.
October 19, 1993
- 19 -
SPECIAL MEETING OF THE BOARD OF PORT COMMISSIONERS
OF THE
CITY OF OAKLAND
On Friday, October 22, 1993, President Lockhart called for a Special Meeting of the
Board to be held on Tuesday, October 26, 1993, at the hour of 9:00 a.m., in the office of the
Board, second floor, 530 Water Street, Oakland, California.
The business to be discussed would be a Terminal Use Agreement with China Ocean
Shipping Company, and the passage of an ordinance to that effect.
The Special Meeting was held on Tuesday, October 26, 1993, at the hour of 9:10
a.m., in the office of the Board, second floor, 530 Water Street, Oakland, California, Vice
President Broussard presiding appropriate notice having been given and posted.
Cole, Loh, Ortiz, Vohs and
Kramer and President Lockhart - 2
Also present were the Executive Director; Deputy Executive Director; Director of
Human Resources; Director of Engineering; Acting Director of Maritime Activities, John
Nolan; Senior Commercial Representative; Director of Finance; Director of Governmental
Affairs; Director of Public Affairs; and Secretary of the Board.
Terminal Use Agreement with China Ocean Shipping was the subject of a memo to
the Board from the Acting Director of Maritime notifying the Board that China Ocean
Shipping Co. is a major People's Republic of China container shipping line operating in the
trans-Pacific and Far East/European trades. The biggest portion of the COSCO's liner fleet
is deployed on the trans-Pacific trade route. The Terminal Use Agreement between
COSCO and San Francisco will expire early next year and COSCO Management has now
approved movement of their Bay Area Operations to Oakland. Port staff has recently
concluded negotiations with COSCO for a new five year teini TUA following conclusion of
the term of their TUA at San Francisco on April 27, 1994. Under the proposed Agreement,
COSCO will use the Charles P. Howard Terminal operated by Stevedoring Services of
America as its regularly scheduled Northern California port of call. The agreement will
include the following provisions: COSCO will retain 20% of the wharfage from the
prevailing Port tariff rates at the time of vessel and cargo activity at the terminal; COSCO
will also be eligible for an additional wharfage refund at the conclusion of each contract
year based on various volume levels of loaded twenty-foot equivalent units (1EUs) for each
contract year; COSCO will be refunded additional revenue generated based upon its
contract year volume of Interior Point Intermodal Throughput Service ("IPI") cargo, IPI
refers to cargo originating or terminating in the states east thereof; and, ports and points
in the Canadian provinces of Manitoba and Northwest Territories and provinces east
thereof; as well as ports and points east of the Mexican states of Sonora and Sinalao;
commencing with the third contract year, COSCO will be assessed for empty containers
loaded or discharged subject to an allowance of 15% of the total loaded and empty 1EUs
loaded to and discharged from vessels during the contract year, if COSCO achieves less than
15% empty 1EUs annually, the Port will provide an additional wharfage discount equal to
one percent of full wharfage for each three percent that empty '1EUs are less than 15%
allowance; and COSCO will receive a 10% discount from the Port prevailing tariff rate for
dockage on the first 45 vessel calls per year with no further dockage being assessed for
additional vessel calls. The proposed TUA represents projected new revenue to the Port
of approximately $1,600,000.00 and it was recommended the Board approve the agreement.
The recommendation was approved on passage of an ordinance to print.
Port Ordinance No. being, "AN ORDINANCE AUTHORIZING THE
EXECUTION OF TERMINAL USE AGREEMENT WITH CHINA OCEAN SHIPPING
(GROUP) COMPANY, " was read a first time and passed to print by the following vote:
Ayes:
Commissioners Cole, Loh, Ortiz, Vohs
and Vice President Broussard - 5
Noes:
None
Absent:
Commissioner Kramer and President Lockhart - 2
October 26, 1993
-2
seconded.
47(
October 26, 1993
-3-
SPECIAL MEETING OF THE BOARD OF PORT COMMISSIONERS
OF THE
CITY OF OAKLAND
On Friday, October 29, 1993, President Lockhart called for a special meeting of the
Board to be held on Tuesday, November 2, 1993, at the hour of 2:00 p.m. The business to
be transacted would be the Board regular agenda with a meeting to begin one hour earlier
to allow sufficient time for the Board's meeting.
The special meeting was held on Tuesday, November 2, 1993, at the hour of 2:12
p.m., in the office of the Board, second floor, 530 Water Street, Oakland, California,
Broussard, Cole, Kramer, Loh, Vohs and
Ortiz - 1
Director of Engineering; Chief Engineer; Director of Aviation; Senior Commercial
Representative; Director of Human Resources; Acting Director of Maritime Affairs, John
Nolan; Director of Finance; Director of Policy and Strategic Planning; Director of Equal
Opportunity; Director of Public Affairs; and Secretary of the Board.
Minutes of the regular meeting of July 6, 1993; and the adjourned regular meeting
of July 13, 1993 were as submitted and ordered filed.
conclusion of the open session for the purpose of discussing personnel matters as provided
Commissioner Vohs, Chair of the Maritime Committee, informed the Board that the
Commissioner Vohs, Chair of the Audit and Finance Committee, informed the Board
Approval of Change Order for Paving the Shoulders of Taxiways 5 and Bravo and
Realigning a Roadway was the subject of a memo to the Board from the Director of
Engineering notifying the Board of the contract with Gallagher & Burk, Inc., for
construction of asphalt concrete overlay of Taxiway 5 and realignment of Taxiways 2 and
8, and recommending approval to issue a change order in the approximate amount of
$274,000.00 for widening Taxiway 5 and Taxiway Bravo and realigning the adjacent vehicle
roadway. Taxiway 5, via Taxiway Bravo, is the only connection between the South Field and
the North Field on the Airport. The northern portion of Taxiway 5 and Taxiway Bravo have
only 25 feet of paved shoulder which is inadequate for larger aircraft because their outboard
engines hang over the unpaved area beyond the paved shoulder and are in danger of
ingesting rocks and dirt which could damage the engines. It is anticipated that operations
at the North Airport will increase substantially over the coming holiday season and it is
necessary to complete the work prior to the holiday season. The recommendation was
Approval of New Leases With the United States Postal Service was the subject of a
memo to the Board from the Director of Aviation notifying the Board that the United. States
Postal Service operates an Air Mail Facility where mail is processed and prepared for
dispatch to the scheduled airlines and contract air carriers. It currently occupies 8,000
square feet of warehouse space, 8,800 square feet of apron area and 4,800 square feet of
paved parking area located in and adjacent to Building L-812, Space #2, under a twelve
month lease extension terminating December 31, 1993. It also occupies 10,000 square feet
of warehouse and office space, 5,000 square feet of apron area and 2,700 square feet of
paved parking area located in and adjacent to Building L-812, Space #3, under a six month
lease terminating December 31, 1993. The Postal Service desires to increase its apron areas
to 12,800 square feet for Space #2 and 16,000 square feet for Space #3 as well as enter into
November 2, 1993
new leases for each space for thirty-six months through December 31, 1996. The proposed
new monthly rental would be for year one, Space #2 & #3, at $8,917.92; year two, at
$9,185.46; and year three, at $9,461.02. It was recommended that the Board approve the
new leases. The recommendation was approved on passage of an ordinance to print.
Recommended Approval of First Supplemental Agreement with Alamo Rent A Car,
Inc. was the subject of a memo to the Board from the Director of Aviation notifying the
Board that Alamo Rent A Car, Inc. has been an Airport rental car concessionaire since 1991
and one of six rental car concessionaires that are assigned parking spaces in the Airport's
Ready Car Lot. It was recommended that the Board approve the First Supplemental
Agreement which would assign Alamo 51 Ready Car Lot parking spaces, extend the term
through July 31, 1993, and provide an updated "Toxic Materials" provision. The monthly
rent would continue at $34.00 per parking space. The recommendation was approved on
Recommended Approval of New License and Concession Agreement - Park-Tilden
Corporation was the subject of a memo to the Board from the Senior Commercial
Representative recommending approval of a new agreement with Park-Tilden Corporation
for 5,782 square feet of warehouse space in Building J-321 located at 2400 Embarcadero,
at $1,600.00 per month, effective November 1, 1993. The agreement is an interim
agreement pending finalization of lease negotiations and document preparation for a three
year lease. The pending ease will entitle a payment of a brokerage commission in the
amount of $2,928.00 to Ernest Jorn Real Estate Company. The recommendation was
Approval of Change Orders for Construction of Berth 30 Wharf was the subject of
with General Construction Company for construction of Berth 30 Wharf. The contract was
based on lump sum and unit price items totalling $15,680,091.00. The project is on schedule
and the Terminal is scheduled to begin operation in January, 1994. The only significant
November 2, 1993
-3-
work left at this time is some additional berth dredging work which is proposed to be done
under two separate change orders. The first part of this dredging work is to remove
approximately 20,000 cubic yards of new sediments that have settled in the berth area since
the last dredging activity. Staff has negotiated a price of approximately $636,000.00 to
perform the extra work of removing the new sediments. The price includes dredging, barge
transport to Berth 40 for unloading, trucking the dredged sediments to a storage site located
at the Airport, street cleaning, storage site maintenance and other related work. The second
part of this dredging work includes removing approximately 20,000 cubic yards of native
sand to complete the berth deepening work of the contract. The delay of the removal of
the native sand to near the end of this contract and the significant rehandling and trucking
requirements constitute a change in the character of the work of the contract. Staff has
negotiated a price of approximately $650,000.00 as compensation for removing the native
sand. The price includes remobilization of the dredging equipment, dredging, barge
transport to Berth 40 for unloading, trucking the dredged sand to various storage sites in the
harbor area, street cleaning, storage site maintenance and other related work. It represents
an additional cost of $310,000.00 over the price originally bid for this work. It was
recommended that the Board authorize the two change orders to General Construction
Company for estimated amounts of $636,000.00 and $650,000.00, respectively. The
Supplemental Agreement with Marine Terminals Corporation and Modifications to
Tariff No. 2-A Pertaining to Cranes X-421 and X-422 was the subject of a memo to the
Board from the Acting Director of Maritime notifying the Board that the Port has a
Management Agreement with Marine Terminals Corporation (MTC) for operation of the
Seventh Street Marine Container Terminals, including the preferential assignment and
maintenance responsibility for six container gantry cranes. Two of the container gantry
cranes assigned to MTC, X-421 and X-422, were formerly located at Berth 35 of the Seventh
Street Marine Container Terminal. These two cranes went out of service following the 1989
November 2, 1993
-4
Loma Prieta earthquake. The Port then relocated them to Berth 38 and accepted delivery
of new Kocks low profile cranes at Berth 35. The cranes were subsequently returned to
service but were used only occasionally by MTC at Berth 38. MTC no longer requires the
cranes for its operations, and it was recommended that the Board approve a supplemental
agreement which would delete the provisions pertaining to the assignment of Cranes X-421
and X-422 to MTC and remove them from the Port's tariff. The recommendation was
approved on passage of Resolution No. 93520 for supplemental agreements and on an
ordinance passed to print for tariff change.
Approval of Change Order for Extra Work for 1993 Structural Inspection and
Repair of KSEC Cranes X-409, X410 and X-417 was the subject of a memo to the Board
from the Director of Engineering notifying the Board of the contract with Marine
Maintenance, Inc. for the 1993 structural inspection and repair of KSEC Cranes X-409 and
X410 at Berth 24, Outer Harbor Terminal, and X417 at Berth 6, Howard Terminal. The
work consists, in general, of providing mobile cranes, rigging, and scaffolding required to
gain access to test the welded and bolted joints on the container cranes. The structural
maintenance program for these cranes requires periodic inspection of the weld joints inside
the sealed boom and trolley girders. No access openings to the inside of the sealed girders
now exist. To provide access for inspection now, and also for future inspections, it is
necessary to install ten manholes and eight inspection holes on each crane, and it was
recommended that the Board authorize a change order in the sum of $79,140.00 for the
Plans and Specifications for Replacement of Fuel Storage Tanks CF-01 and CF-02,
Berth 24 was the subject of a memo to the Board from the Director of Engineering
recommending their approval and authority to advertise for bids for the project. The work
consists of removing the existing fuel dispensing island and two underground storage tanks
and installing one new above-ground, three-compartment, concrete encased storage tank.
The project is categorically exempt and does not require the preparation of an
November 2, 1993
-5-
environmental document. The recommendation was approved on passage of Resolution
No. 93522.
Ratification of Change Order for Disposal of Creosote Treated Wooden Pilings was
of the contract with Gallagher and Burk, Inc. for the realignment of Seventh Street, west
of Ferry Street, Seventh Street Teiuiinal. The excavation phase of the Berth 30 wharf
construction work generated a number of old creosote treated pilings which were stockpiled
at the Port's 801 Maritime site where the Port performed additional testing on the material.
The 801 Maritime storage site is now immediately needed to provide storage space for one
of the Port's tenants, and it was recommended that the Board approve a change order of
up to $80,807.00 to Gallagher and Burk, Inc. for removal and disposal of the creosote
treated wooden pilings. Gallagher and Burk has provided a quote of $38,346.00 if further
testing shows that the pilings are acceptable for a Class III landfill and $80,807.00 if tests
show the pilings must be disposed of at a Class II landfill. The recommendation was
Resources recommended the appointment of Anne M. Whittington, as Senior Port Strategic
Planner, effective November 3, 1993, at $4,922 per month; Julie Cassidy, as Carpenter,
effective November 22, 1993, at $3,603 per month; and Ernest L. Brown, John W. Brown,
Willie E. Gamble, Gary J. Lopes, Edward F. Pickett and Samuel Walton, as Custodians,
effective November 3, 1993, at $2,347 per month. The recommendation was approved on
Specifications for Furnishing Service and Maintenance for Various Elevators and
Escalators at Port Owned. Buildings was the subject of a memo to the Board from the
Director of Engineering recommending their approval and authority to advertise for bids
for the maintenance work. The work at the Airport consists of maintaining and repairing
two Montgomery escalators, two Montgomery elevators, and two Otis elevators. The work
November 2, 1993
6
at Jack London Square consists of maintaining and repairing five U.S. elevators and two
Dover elevators. The recommendation was approved on passage of Resolution No. 93525.
Authorization to Purchase Motor Vehicles was the subject of a memo to the Board
from the Director of Engineering recommending approval for the purchase of 17 vehicles
utilizing State of California contracts and competitive bidding, as may be necessary to meet
Port requirements, at a cost of approximately $300,000.00 plus taxes and fees. Also
recommended was a declaration of surplus for 14 vehicles and authority to sell the surplus
vehicles. The replacement vehicles include 3 trucks, 3 utility wagons, 4 vans, 4 cabs and
chassis and one fork-lift. The three additions to the fleet, include one pick-up truck, one
utility wagon and one scooter. The recommendation was approved on passage of Resolution
No. 93526 for declaration of surplus and Resolution No. 93527 for purchase of vehicles.
Travel Authorization was the subject of a memo to the Board from the Secretary of
the Board recommending approval of the travel of President Lockhart, Commissioners Allen
Broussard, Ada Cole, John Loh, and Deputy Executive Director Charles Foster to New
Delhi, India, on or about the period November 4 through 12, 1993, to attend the Airports
Council International World Assembly and Conference with the continued travel of
President Lockhart, Commissioners Cole and Loh returning via Ho Chi Minh City and Hong
Kong, B.C.C., to participate in a City of Oakland trade mission. The recommendation was
vote:
Ayes:
Noes:
None
Absent:
November 2, 1993
-7-
"RESOLUTIONS NO. 93515
COMPROMISING AND SETTLING CLAIM FOR REIMBURSEMENT OF
WORKERS' COMPENSATION BENEFITS PAID ON BEHALF OF DONNA
HAYES AND AUTHORIZING EXECUTION OF ST1PULAIED SETTLEMENT."
APPROVING ISSUANCE OF CHANGE ORDER FOR CONSTRUCTION
RUCTION OF
ASPHALT CONCRETE OVERLAY OF TAXIWAY 5 AND THE
REALIGNMENT OF TAXIWAYS 2 AND 8, SOUTH FIELD, METROPOLITAN
SUPPLEMENTAL AGREEMENT WITH ALAMO RENT A CAR, INC."
"RESOLUTION
ION NO. 93518
AND CONCESSION AGREEMENT WITH PARK-TILDEN CORPORATION."
APPROVING AND RATIFYING
IFYING ISSUANCE OF CHANGE ORDERS FOR
CONSTRUCTION OF BERTH 30 WHARF, SEVENTH STREET TERMINAL,
AUTHORIZING EXECUTION OF FOURTEENTH SUPPLEMENTAL
AGREEMENT WITH MARINE TERMINALS CORPORATION."
APPROVING ISSUANCE OF CHANGE ORDER FOR EXTRA WORK FOR
1993 S FRUCTURA,L INSPECTION AND REPAIR OF KSEC CRANES X-409,
X-410 AND X-417."'
STORAGE TANKS CF-01 AND CF-02, BERTH 24, OAKLAND, CALIFORNIA;
AND CALLING FOR BIDS THEREFOR."
RATIFYING AND APPROVING ISSUANCE OF CHANGE ORDER UNDER
THE CONTRACT FOR REALIGNMENT OF SEVENTH STREET, WEST OF
FERRY STREET, SEVENTH STREET TERMINAL, OAKLAND, CALIFORNIA."
November 2, 1993
8
APPROVING SPECIFICATIONS FOR FURNISHING SERVICE AND
MAINIENANCE FOR VARIOUS ELEVATORS AND ESCALATORS AT
BUILDINGS M-10:2 AND M-103, SOUTH FIELD, METROPOLITAN OAKLAND
INTERNATIONAL AIRPORT, AND BUILDINGS F-111, F-113 AND F-601, JACK
LONDON SQUARE, OAKLAND, CALIFORNIA, FOR THE PERIOD
COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 1996; AND
ERMINING THAT CERTAIN MOTOR VEHICLES
OR PRIVATE SALE."
FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST
EREST OF
THE PORT TO PROCURE SEVENTEEN MOTOR VEHICLES WITHOUT
COMPETITIVE BIDDING AND AUTHORIZING SAID PROCUREMENT
UNDER STATE OF CALIFORNIA CONTRACT."
CONCERNING CERTAIN TRAVEL."
GRANTING KAISERAIR, INC. PERMISSION TO PERFORM CERTAIN
WORK."
"RESOLUTION
ION NO. 93530
GRANTING KAISERAIR, INC. PERMISSION TO PERFORM CERTAIN
WORK."
AUTHORIZING EXECUTION OF A SIXTH SUPPLEMENTAL AGREEMENT TO
LEASE WITH C.R. GIB13 AND THE BOATEL AND DIRECTING RECORDATION
THEREOF", and Port Ordinance No. 3178 being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 2833 RELATING TO CONTAINER CRANE ASSIGNMENT AND
RENTAL RATES", and Port Ordinance No. 3179 being, "AN ORDINANCE
November 2, 1993
-9-
AUTHORIZING THE EXECUTION OF 1ERMINAL USE AGREEMENT WITH
CHINA OCEAN SHIPPING (GROUP) COMPANY", were read a second time and passed
by the following vote:
Ayes:
Noes:
Absent:
None
AUTHORIZING EXECUTION OF TWO LEASES WITH THE UNITED STATES
POSTAL SERVICE AND DIRECTING RECORDATION THEREOF", and Port
Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO.
2833 RELATING TO CONTAINER CRANE ASSIGNMENT AND RENTAL RAILS",
were read a first time and passed to print by the following vote:
Ayes:
Noes:
None
Absent:
announced by President Lockhart and reconvened in open session at the hour of 3:00 p.m
at which time the formal portion of the meeting was adjourned on a motion duly made and
seconded and the Board recessed to an informal portion which consisted of a tour and
briefing on development in Emeryville, California.
November 2, 1993
- 10 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, November 16, 1993, at the hour
Vice President Broussard presiding, appropriate notice having been given and posted.
Cole, Kramer, Loh, Ortiz, Vohs and
Director of Engineering; Director of Aviation; Acting Director of Commercial Real Estate,
Dennis White; Director of Human Resources; Director of Maritime Affairs; Director of
Finance; Director of Policy and Strategic Planning; Director of Equal Opportunity; Director
The Executive Director introduced Mr. Leo R. Brien as the Port's new Director of
Maritime Affairs.
Mr. Kazuaki Noda was introduced to the Board with the notation that Mr. Noda was
from the Port of Yokohama on an exchange training program.
Commissioner Kramer, Chair of the Human Resources Committee, infon
ed the
Commissioner Loh, Chair of the Commercial Real Estate Committee, informed the
Approval in Principle of Second Supplemental Agreement with ATS-Lombard Food
Services and First Supplemental Agreement with ATS-Lombard Services was the subject
of a memo to the Board from the Director of Aviation notifying the Board that ATSLombard Food Services has operated the Airport's food and beverage concession since 1984.
ATS pays the Port a minimum annual guaranteed rent of $1,043,952 against the following
percentages of gross sales revenue: 12% of food and nonalcohol beverage; 15% of alcohol
beverage; and 50% of amusement games. In FY93, ATS reported F&B total sales of
$5,986,807.00 and paid rent of $1,043,952.00. The F&B lease expires May 31, 2000 and ATS
is currently obligated to spend $1.1 million on improvements to its facilities. Under a
different lease, ATS-Lombard Services has operated the Airport's newsstand and gift shop
concession since 1984. ATS pays the Port a minimum annual guaranteed rent of
$724,968.00 against the following percentages of gross sales revenue: 15% of newsstand &
duty free; 20% of gift; and 10% of vending gross revenue. In FY93, ATS reported N&G
total sales of $3,059,989.00 and paid rent of $724,968.00. The N&G lease expires May 31,
1995. It was recommended that the Board approve, in principle, the proposed Second and
First Supplemental Agreements would extend both leases' term, obligate ATS to make
additional capital improvement expenditures, modify the percentage rent formula, provide
for local disadvantaged business enterprise participation and introduce branded products and
value pricing. The proposed terms for the ATS-Lombard Leases extension would include
a 5 year extension term with a minimum annual rent of $1,043,952.00, to May 31, 2005, plus
percentage rent of 12% food and beverage sales over $5 million; 15% food and beverage
sales over $7 million; 15% alcohol sales over $2,250,000.00; and 25% alcohol sales over
$3,500,000.00. The newsstand and Gift Shop lease would be extended 10 years to May 31,
2005 with a minimum annual rent of $724,968.00 plus 20% newsstand, gift, duty free, and
vending sales over $4 million. ATS would also be obligated to spend $3 million on capital
improvements for both concessions by 1994 year-end; and an additional $600,000 for both
concessions between 1995 and 2005. ATS would also provide 30% DBE gross revenue
November 16, 1993
-2-
participation total for both concessions combined; payment penalties for failure to provide
"good faith efforts" and maintain 30% DBE participation. The recommendation was
approved on a motion by Commissioner Kramer, seconded and passed unanimously.
Approval of New License and Concession Agreement - United Parcel Service, Inc. was
the subject of a memo to the Board from the Director of Aviation recommending approval
of a 57-day Willi agreement with United Parcel Service, Inc. for 96,250 square feet of dirt
area east of Taxiway 14 and southwest of Air Cargo Road, at $9,625.00 per month. The
Building Permit Application, Airborne Express Tenant Improvements, 7683 Earhart
Road • Hangar 9 was the subject of a memo to the Board from the Director of Engineering
recommending approval for the installation of package sorting equipment in the central
hangar space; installation of new mechanical system, lighting, and electrical outlets; and
installation of new men's women's restrooms and other interior improvements. The
estimated cost of the proposed work is $150,000.00. The work is categorically exempt and
does not require the preparation of an environmental document. The recommendation was
Authorization to Contract for Repair of 400 HZ Motor-Generators. South Airport
Board that aircraft electrical systems operate at 400 cycles per second and while they are
parked at the gates at South Airport, the 400 HZ power is supplied by two Hobart 200 KVA
motor-generator sets installed in the early 1980's. The sets operate automatically with one
or both sets operating depending on the 400 HZ power demand. Before the second set can
pick up load, it must synchronize electrically with the set which is already running. One of
the sets, Unit #1, will no longer synchronize with the running set and must be repaired.
Because of the specialized nature of the repair work and the desire to have it expedited, it
was recommended that the Board find it to be in the best interest of the Port to dispense
with formal bids and execute a contract for the work based on the receipt of informal
November 16, 1993
-3-
quotations. Also recommended was approval to rent single aircraft replacement sets to
meet peak demands at a cost of $10,000.00. The recommendation was approved on passage
Tidewater Properties - Assignment of Lease, Option to Purchase and Supplemental
Agreement was the subject of a memo to the Board from the Acting Director of Commercial
Real Estate notifying the Board that Tidewater properties, a joint venture of Gnilltone
Properties, Ltd., a California Limited Partnership, and Oakland Business Development
Corporation, a California non-profit public benefit corporation, had a 55-year lease which
commenced in March, 1990 for a warehouse development on 5.64 acres of unimproved land
located on Tidewater Avenue at Lesser Street. The lease expires in 2045. The Port was to
receive $1.00 per year for the 55-year term. Tidewater Properties signed a Deed in Lieu
of Foreclosure in favor of Civic Bank of Commerce, the construction lender for the project.
Civic Bank of Commerce and Jim Ishimaru, the principal of IDG Architects, have requested
that the Board approve the assignment of the lease with modifications to Jim Ishimaru.
IDG Architects completed the design and construction documents for the complete project
and did not receive any compensation. In an effort to recover his costs, Jim Ishimaru would
like the opportunity to complete the construction of the project as well as an option to
purchase the fee interest from the Port. Jim Ishimaru is buying the improvements and
leasehold interest for $1,500,000.00. Civic Bank of Commerce is taking back a loan for
$1,200,000.00 and Jim Ishimaru is funding the $300,000.00 gap, which may be raised in part
or in whole by a loan from the City of Oakland and other potential unsecured sources. The
completed construction was to contain approximately 79,488 square feet of warehouse space.
Presently there are 24,768 square feet completed with approximately 70% of the space
leased. The proposed terms and conditions of assignment include: the lessee would have
the option to purchase the fee interest at any time during the first four years after the
effective date of the Lease Supplemental; and the option Price would be $500,000.00 plus
any accrued ground rent. The lessee would have the right to purchase the property in three
November 16, 1993
-4-
separate parcels. Parcels A and B would each contain approximately .88 acres of land, and
parcel C contain 3.88 acres of land. If the parcels are purchased separately the purchase
price would be as follows: Parcel A - .88 acres at $150,000.00; Parcel B - .88 acres at
$150,000.00; and Parcel C 3.88 acres at $200,000.00. The minimum rent during the option
period would be 10% of the gross receipts up to $40,000.00 per year during the option
period. If the cash flow is not sufficient to service the debt service on the Civic Bank of
Commerce's $1.2 million loan and 10% of the gross receipts to the Port or 10% of gross
revenues are not sufficient to generate $40,000.00 per year, the difference between the
actual rent paid and $40,000.00 will be added to the option purchase price. The minimum
rent after the expiration of the option period would be for Parcel A - $12,500.00; Parcel B $12,500.00; and Parcel C $40,000.00, for a total of $65,000 per year. The minimum rent
would be adjusted by the percentage increase in the Consumer Price Index every five years
but in no event would the rent be adjusted to be less than the existing minimum rent. If the
improvements are to be sold during the option period, any sale proceeds after sales
commission, would first be used to acquire the fee interest in the appropriate parcel as
outlined above pursuant to the terms of the agreement during the option period. No part
of the fee interest in any parcel will be delivered until 100% of the option price has been
paid. It was recommended that the Board approve the assignment of the Tidewater
Properties lease to Jim Ishimaru and authorize a supplemental Agreement or a new lease
to amend the Tidewater Properties lease and give a first reading to an ordinance granting
the lessee the option to purchase the fee interest. The recommendation was approved on
passage of Resolution No. 93534 for assignment and an ordinance passed to print for
options.
EBMUD Grant of Easement was the subject of a memo to the Board from the Acting
Director of Commercial Real Estate notifying the Board of the lease to the East Bay
Municipal Utility District of a one-acre parcel of vacant land near the intersection of 5th
Avenue and Embarcadero at San Antonio Creek for the future construction of a Wet
November 16, 1993
5
Weather Treatment Facility. In conjunction with the Wet Weather project EBMUD has
requested that the Port grant a 66-year surface (non-exclusive) roadway easement, on an
adjacent parcel, to provide ongoing access to the Wet Weather Facility. The proposed
477.55 foot long roadway easement will cover a total area of 7,417 square feet. EBMUD
has obtained an appraisal report for the easement and proposes to compensate the Port
$53,587.00 for the value of the property rights. The project has been determined to be
It was recommended that the Board approve the roadway easement to EBMUD, and
accepting the proposed compensation in the amount of $53,587.00. The recommendation
was approved on passage of an ordinance passed to print.
Approval to Amend Resolution Regarding Renovation of Building F-107 to Add
Contractors and to Ratify a Contract was the subject of a memo to the Board from the
Director of Engineering notifying the Board that the Board previously found it to be in the
best interest of the Port to dispense with competitive bidding for various repairs to and the
renovation of the former Port office building to accommodate the occupancy of the
Alameda Newspaper Group. The Port retained Tishman West Corporation to do the work.
After removal of the former 4th Floor restaurant and other work was done, it was apparent
that the building needed a complete new roof and that item of the work can be done more
economically by contracting directly with a roofing contractor rather than through a general
contractor. Because of the need to complete the work prior to winter rains, the Executive
Director has entered into a contract with Lawson Roofing Company for this work. It was
recommended that the Board amend Resolution No. 92410 to provide that the Executive
Director be authorized to negotiate and execute contracts with contractors other than
Tishman West Corporation for performing certain renovation work on the former Port office
building; and that the contract with Lawson Roofing Co., be ratified, confirmed and
approved. The recommendation was approved on passage of Resolution No. 93535.
November 16, 1993
-6-
Award of Contract for Construction of Middle Harbor Road from 7th Street to Ferro
Street and Approval of Subcontractor Substitution was the subject of a memo to the Board
from the Director of Engineering notifying the Board of the six bids received and that RGW
Construction was the low bidder, at $2,861,098.00. Van Hook Electric, Inc., the electrical
subcontractor to RGW Construction Inc., has submitted a written notice claiming a material
clerical error was made in tabulating their bid, and, pursuant to Public Contract Code 5100,
requests that they be allowed to withdraw their bid without penalty. A subsequent review
of Van Hook's bid by a committee from the Port's engineering staff confirms the error and
it was recommended that Van Hook Electric Inc. be allowed to withdraw its bid without
penalty to RGW Construction. RGW Construction has requested that Willie Electric Co.
be substituted for Van Hook Electric Inc. to perform the required work. There will be no
increase to the total bid price as submitted by RGW. The project is being constructed with
funding from the Federal Highway Administration and Caltrans, with Caltrans administering
the funding and Caltrans has approved the award of the contact. Mr. Jack Neehan of O.C.
Jones and Sons, the second low bidder, appeared before the Board to ask that the project
be award to O.C. Jones as there were irregularities in the bid process. Mr. Ted Gallagher
of Gallagher and Burk appeared before the Board to also request a review of the bid
process. Mr. Curtis Williams of Williams Trucking appeared before the Board to ask that
the contract be awarded to RGW as he was a trucking company doing work on the new
road. Mr. Thomas Sweeney of the Alameda County Building Trade appeared before the
Board to note that the local contractors should have another opportunity to bid the project.
The Director of Engineering informed the Board that the proposed contractor RGW had
submitted a proper bid and made a good faith effort to perform to the Port's standards.
Vice President Broussard asked for motion on award of the contract. Commissioner Cole
moved the award which was seconded and failed to pass on the following vote: Ayes Commissioners Cole and Kramer; Noes - Ortiz; Abstained - Loh and Vohs; and Absent President Lockhart. Commissioners Vohs asked that the item be discussed in closed session
November 16, 1993
7
to review the Board's options. After closed session, Commissioners Ortiz moved to
reconsider which motion passed unanimously. The award of the contract and approval of
the new electrical subcontractor was approved on passage of Resolution 93536.
Approval of Memorandum of Understanding Regarding Improvement of Galbraith
Golf Course Site through its use as a Dredge Material Disposal Site was the subject of a
memo to the Board from the Director of Strategic and Policy Planning notifying the Board
that the Corps of Engineers requires that the Port, as the Project Sponsor for the Oakland
Harbor Deepening Project, provide verification of availability of an upland disposal site for
a portion of the material to be dredged from the Inner and Outer Harbor channels. The
Port has identified and evaluated over thirty potential upland disposal sites. Of all the sites
investigated, the only one that meets the requirements of site capacity, accessibility, and
capability of receiving necessary permits within the Corps time schedule is the Galbraith
Golf Course. The Port initiated discussions with the City to acquire rights for the Port to
dispose of dredge material at the Galbraith site, which the City leases from the Port and
operates as a public golf course through a concession agreement with an operator. The Port
and City have negotiated a Memorandum of Understanding pursuant to which the Port and
City would agree to terminate the existing golf course lease and make the site available for
disposal of dredge material. At the conclusion of the dredging disposal and drying process
the Port would, at its sole expense, construct a new first-class golf course on the site, which
it would lease to the City for fifty years, under substantially the same terms as the present
lease. Under the MOU the City is responsible for termination of the agreement with the
Master Concessionaire, and the Port is responsible for terminating agreements with the two
current sub-concessionaires. It was recommended that the Board approve the Memorandum
of Understanding Regarding Improvement of Galbraith Golf Course through its use as a
Dredged Material Disposal Site. Mr. Howard Ronson and Mr. Hugh McKay, operators of
the golf course, appeared before the Board to ask that they be able to remain on the site
in some capacity. They suggested that the project could be phased to allow them to operate
November 16, 1993
-8-
a nine hole course and the driving range. Mr. Henry Winston, a former partner in the golf
course, appeared before the Board to encourage the Board to take back the golf course
from the present operators. After discussion, the recommendation was approved on passage
Recommendation to Approve MOU and Lease with Navy for Property at the Oakland
Fleet and Industrial Supply Center Oakland was the subject of a memo to the Board from
the Acting Director of Commercial Real Estate, Dennis White, notifying the Board that the
Department of the Navy has agreed to lease approximately 80 acres of the Oakland Fleet
and Industrial Supply Center, formerly called the Naval Supply Center, for a term of fifty
years at the annual rental rate of $1.00. In addition to the lease, the Port and Navy have
developed a Memorandum of Understanding to solidify the overall intentions and
responsibilities regarding the Navy's proposed transfer and/or lease to the Port of
incremental land areas as they become available. The proposed MOU supersedes the MOU
signed on April 21, 1988 and is intended to clarify current intentions and responsibilities
subject to authorizations and approvals. The entire FISC area comprises approximately of
541 acres. The land subject to the reversion will be transferred to the Port as soon as
possible. The Port is interested in leasing and/or acquiring fee title to other portions of the
FISC for expansion of Maritime operations and the Navy will expeditiously transfer, by lease
or deed, incremental portions of the FISC as they become available. In the Priority
Schedule as attached to the MOU, the Navy agrees to take expeditious action toward
meeting the Port's priorities for possession of property. Initial possession is scheduled for
May, 1994 culminating with final possession of the balance of the land in November, 1995.
The lease covers the initial 80 acres including land and improvements. The lease shall be
effective as of the date of execution, but the 50 year lease tee in will not commence until
certain provisions of the lease have been satisfied. These include agreements to be
negotiated for utility distribution and/or sharing, access and fencing and environmental
compliance reports. A joint inspection and environmental survey will be conducted to
November 16, 1993
-9-
determine the condition of the premises. Interim incremental use of the premises including
rights to demolish and or relocate improvements would be covered by license agreements.
It was recommended that the Board approve the lease and MOU and to execute the various
lease exhibits to be agreed upon before the lease term commences. The recommendation
Container Crane Rental Rates for Berth 30 was the subject of a memo to the Board
from the Acting Director of Maritime notifying the Board that Mitsui O.S.K. Lines recently
took delivery of two new Mitsui-Paceco container gantry cranes, X-430 and X-431, at their
new Berth 30 facility. The agreement with MOL requires that Port establish charges for use
of the cranes in the marine terminals tariff. In addition to crane rental charges secondary
users of the cranes will be billed additional charges for crane maintenance, including utilities
as reimbursement to Mitsui for their responsibility to maintain the cranes. MOL will retain
all crane tariff charges from secondary users assigned to Berth 30 by Mitsui with Port
approval. Except for the maintenance and utilities charges, crane charges from secondary
users assigned to Berth 30 by the Port or from secondary users of Cranes X-430 and X-431
at other facilities will be shared equally. It was recommended that the Board approve the
tariff changes providing the basic rental rate of $475.00, plus a maintenance and repair
charge of $185.00, and a power charge of $30.00, for a total hourly rental rate of $690.00.
The recommendation was approved on passage of an ordinance passed to print.
Authorization to File an Application with the Public Utilities Commission for
Improvement to Certain Railroad Crossings was the subject of a memo to the Board from
the Acting Director of Maritime recommending approval for the Port to enter into an
agreement to construct, at State expense, certain improvements to Middle Harbor Road
between 7th Street and Ferro Street. The road, which is owned by Southern Pacific
Transportation Company and over which the Port has purchased a permanent easement, will
be used as a detour around 7th Street during construction of the new replacement for the
Cypress Freeway damaged during the Loma Prieta earthquake. Currently, there are two
November 16, 1993
- 10 -
private rail tracks crossing the road at grade, which are used by Southern Pacific to serve
the 7th Street and Outer Harbor Terminals and a Container Freight Station. It is necessary
to file an application with the Public Utilities Commission for permission to construct new
warning devices for two railroad crossings on Middle Harbor Road, due to the anticipated
increase in use by the public of the road. The recommendation was approved on passage
Plans and Specifications, Demolition of Building E-405, Charles P. Howard Terminal
their approval and authority to advertise for bids for the demolition of the terminal. The
demolition of the building is needed to increase the area available for storing containers.
The work consists in general of demolition of Building E-405, removal and/or capping of
existing storm drains and utilities, pavement repair and modifications to pavement markings.
The project is categorically exempt and does not require preparation of an environmental
Plans and Specifications, Gate Modifications, Charles P. Howard Terminal was the
approval and authority to advertise for bids for the improvements. The work consists in
general of reconfiguring the gate area of the terminal to reduce truck queuing in the
adjacent public streets during times of peak demand. A two-stage queuing configuration will
be developed by moving the existing canopy to the west of its present location and adding
four new clerk booths at that location, two intercom/printer pedestals and camera pedestal.
The project is categorically exempt and does not require preparation of an environmental
Approval of Geotechnical Services for Design of 300 Foot Wharf Extension, Berth 68,
Charles P. Howard Terminal was the subject of a memo to the Board from the Director of
Engineering recommending approval to enter into an agreement with Geomatrix
Consultants, Inc. to perform the geotechnical site investigation, to develop design alternates,
November 16, 1993
- 11 -
supply information to the consultant preparing the Environmental Impact Report, meet with
the design criteria review board of BCDC, and prepare a final report establishing the
geotechnical design parameters to be used in design of the wharf extension. The firm will
be reimbursed for direct salaries of personnel performing work on the project, for fringe
benefits and overhead costs, and for other direct costs for services required for the work.
In addition, the consultant will be paid a fixed fee of $24,400.00. The maximum payment
that can be made under the agreement is $275,800.00, with certain additional work available
Hiring of Consultant for Environmental Documentation. Charles P. Howard
Terminal Wharf Extension was the subject of a memo to the Board from the Director of
Engineering recommending approval to retain Brady and Associates to prepare the
environmental impact report for the wharf extension at Howard Terminal. The identified
environmental issues are demolition of a structure potentially eligible for inclusion on the
National Register of Historic Places, Bay fill, dredging and disposal, mitigation measures
and public access. The cost of the environmental work to be performed by Brady and
Associates is not to exceed $250,000.00, unless additional, out of scope work, up to 20% or
$50,000.00, is authorized by the Executive Director. The recommendation was approved on
Award of Contract, Repair of Steel Framing and Concrete Walls, Building H-309, 9th
Avenue Terminal was the subject of a memo to the Board from the Director of Engineering
Valentine Corporation, at their Base Bid of $39,240.00. It was noted that Anco Iron &
Construction Co., the apparent low bidder based on the Base Bid only, does not have the
November 16, 1993
- 12 -
proper contractor's license to perfoi in this contract and it was recommended their bid be
rejected. The recommendation was approved on passage of Resolution No. 93543.
Award of Contract for 1994 Structural Inspection and Repair of Kocks Cranes was
of the two bids received and that the bid submitted by Crane Services contained a major
error and, in addition, failed to provide bid security which disqualified its bid. It was
recommended that the contact be awarded to Marine Maintenance, Inc. at $121,290.00. The
Ratification of Change Order for Removal of Underground Tanks Adjacent to
Building C-401, 2277 Seventh Street was the subject of a memo to the Board from the
Director of Engineering notifying the Board of the contract with Placer Energy Systems, Inc.,
dba P.T.S. Environmental Service, for the removal of the inactive underground petroleum
storage tanks CF-17, CF-18, CF-19 and CF-20, adjacent to Building C-401, 2277 Seventh
Street. The contract contains a bid unit price item to excavate and transport contaminated
non-hazardous soil to the Port's designated bioremediation site at the North Airport.
Approximately 550 cubic yards of contaminated non-hazardous soil was excavated and
stockpiled at the project site for relocation to the Airport. However, the bioremediation site
is currently at capacity and cannot accept any soil for the next few months. It was
recommended that the Board authorize to change order in the approximate amount of
$61,000.00 for excavation and disposal of contaminated, non-hazardous soil. The
Resources recommended the appointment of Susan. G. Arcilla, as Port Programmer Analyst,
effective December 6, 1993, at $3,547 per month; and Benny L. Taylor, Jr., as Port
Maintenance Leader, effective November 17, 1993, at $3,600 per month. Also
recommended was the rescissions of appointments of Mr. Ernest Brown and Mr. Gary J.
Lopes, Custodians in the Terminal Services Department of the Aviation Division and the
November 16, 1993
- 13 -
amendment of appointment of Mr. Sam 0. Tamura, Port Utilities foreman to rate "b"
($4,528) effective April 9, 1992 to correct an administrative error. Further recommended
was a request for leave of absence for Ms. Sabrina Del Favero, Senior Secretary for medical
reasons for 13 working days through November 18, 1993; and the termination of Mr. Basil
E. Gansah, Mr. Victor Garcia, Mr. Ron Williams, and Ms. Rosezina Williams, all Relief
Airport Custodians, as provided for in provisions outlined in the Memorandum of
Understanding between the Port of Oakland and Local 790 effective the close of the work
of November 17, 1993. The recommendation was approved on passage of Resolution No.
93547 for appointments; Resolution No. 93548 for amending appointment and rescissions
of appointments; Resolution No. 93549 for leave of absence; and Resolution No. 93550 for
terminations.
Recommended Approval of the Port of Oakland Internal Audit Charter was the
subject of a memo to the Board from the Director of Finance notifying the Board that the
Port will be adding an Internal Audit function within the Audit Department of the Finance
Division in Fiscal Year 93-94. For the internal audit unit to function effectively, it is
essential that the proposed Internal Audit Charter be approved by a Board Resolution. The
Internal Audit Charter defines the responsibility, authority, independence and objectively
of the internal audit function as well as the responsibility of the Audit and Fiance
Committee, Executive Director and Port management. The Charter was developed by
reviewing internal audit charters from other organizations and incorporated internal audits
standards as provided by the Standard Practice of Internal Auditing, and it was
recommended that the Board adopt an appropriate resolution approving this Charter. The
November 16, 1993
- 14 -
vote:
Ayes:
Commissioners Cole, Kramer, Loh, Vohs
and First Vice President Broussard - 5
Noes:
None
Absent:
Commissioner Ortiz and President Lockhart - 2
AND CONCESSION AGREEMENT ("L&C") WITH UNITED PARCEL
SERVICE, INC."
GRANTING AIRBORNE FREIGHT CORPORATION PERMISSION TO
ERMINING THAT IT IS IN THE BEST INTEREST OF
THE PORT TO CONTRACT FOR REPAIR AND MAINTENANCE OF TWO 400
HZ MOTOR GENERATORS AT SOUTH FIELD, MOIA, WITHOUT
COMPETITIVE BIDDING AND AUTHORIZING THE EXECUTIVE
DIRECTOR TO ENTER INTO A CONTRACT FOR SUCH WORK BASED ON
RECEIPT OF INFORMAL QUOTATIONS."
CONSENTING TO ASSIGNMENT OF TIDEWA'T'ER PROPER I IES LEASE TO
JIM ISHIMARU."
AMENDING RESOLUTION
ION NO. 92410, APPROVING AND AUTHORIZING
AGREEMENTS FOR WORK ON THE OLD PORT OFFICE BUILDING
WITHOUT COMPETITIVE BIDDING AND RATIFYING EXECUTION OF
CONTRACT WITH THE LAWSON ROOFING COMPANY, INC."
AUTHORIZING EXECUTIVE DIRECTOR AND PORT A ITORNEY TO FILE
APPLICATION WITH CALIFORNIA PUBLIC UTILITIES COMMISSION TO
CONS IRUCT NEW WARNING DEVICES FOR TWO NEW RAILROAD
CROSSING ON MIDDLE HARBOR ROAD."
November 16, 1993
- 15 -
APPROVING PLANS AND SPECIFICATIONS FOR DEMOLI'T'ION OF
BUILDING E-405, CHARLES P. HOWARD 'TERMINAL, OAKLAND,
APPROVING PLANS AND SPECIFICA'T'IONS FOR GA'Z'E MMODIFICA'T'IONS,
CHART FS P. HOWARD lERMINAL, OAKLAND, CALIFORNIA; AND
GEOMATRIX CONSULTANTS, INC. FOR GEOTECHNICAL ENGINEERING
SAID AGREEMENT."
FINDING AND DEIERMINING THAT A PROPOSED AGREEMENT WITH
BRADY AND ASSOCIA'T'ES FOR ENVIRONMENTAL CONSULTING
SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES
AND WAIVING COMPETITIVE BIDDING; AND AUTHORIZING
REJECTING BID OF ANCO IRON & CONS I RUCTION CO.; AWARDING
CONTRACT TO VALENTINE CORPORATION, FOR REPAIR OF S'T'EEL
FRAMING AND CONCRE'T'E WALLS, BUILDING H-309, 9TH AVENUE
TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS
REJECTING BID OF CRANE SERVICES; AWARDING THE CONTRACT TO
MARINE MAINTENANCE INCORPORATED, FOR 1994 STRUCTURAL
INSPECTION AND REPAIR OF KOCKS CRANE X-424 (73228), X-425 (73225),
AND X-426 (73247) AT BERTH 35, SEVENTH STREET TERMINAL, PORT OF
OAKLAND, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS
TO BE PROVIDED IN CONNEC'T'ION THEREWITH; REJECTING ALL
OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDER."
FOR RATIFICATION OF CHANGE ORDER FOR REMOVAL OF
UNDERGROUND TANKS ADJACENT TO BUILDING C-401, 2277 SEVENTH
S'T'REET, OAKLAND, CALIFORNIA."
November 16, 1993
- 16 -
vote:
Ayes:
Commissioners Cole, Kramer, Loh, Ortiz,
Vohs and First Vice President Broussard - 6
Noes:
None
Absent:
AWARDING CONTRACT TO RGW CONS' RUCTION INC., FOR
CONS'CRUCITON OF MIDDLE HARBOR ROAD FROM SEVENTH STREET
TO FERRO STREET, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF
ALL OTHER BIDS; DIRECTING RETURN OF BID BONDS TO BIDDERS;
AND AUTHORIZING SUBSTITUTION OF EI EC1RICAL SUBCONTRACTOR."
UNDERSTANDING REGARDING IMPROVEMENT OF GALBRAITH GOLF
COURSE THROUGH ITS USE AS A DREDGED MATERIAL DISPOSAL SITE."
UNDERSTANDING AND LEASE WITH THE UNITED STATES OF AMERICA,
DEPARTMENT OF THE NAVY, REGARDING THE FLEET AND
INDUSTRIAL SUPPLY CENTER, NAVAL SUPPLY CENTER, OAKLAND,
CALIFORNIA."
AMENDING PORT RESOLUTION NO. 92115 AND PORT RESOLUTION NO.
93524 CONCERNING CERTAIN APPOINTMENTS."
SENIOR SECRETARY."
TERMINATING APPOINTMENTS OF BASIL E. GANSAH, VICTOR GARCIA,
RON WILLIAMS AND ROSEZINA WILLIAMS."
November 16, 1993
- 17 -
APPROVING THE PORT OF OAKLAND INTERNAL
ERNAL AUDIT CHARTER."
GRANTING SEA-LAND, INC. PERMISSION TO PERFORM CERTAIN WORK"
GRANTING JOYCE S. HOOKS PERMISSION TO PERFORM CERTAIN
WORK."
AUTHORIZING EXECUTION OF TWO LEASES WITH THE UNITED STALES
POSTAL SERVICES AND DIRECTING RECORDATION THEREOF", and Port
Ordinance No. 3181 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO.
2833 RELATING TO CONTAINER CRANE ASSIGNMENT AND RENTAL RAPES",
was read a second time and passed by the following vote:
Ayes:
Commissioners Cole, Kramer, Loh, Ortiz, Vohs
Noes:
Absent:
None
AUTHORIZING EXECUTION OF AN AGREEMENT WITH AND THE GRANT OF
NON-EXCLUSIVE SURFACE ROADWAY EASEMENT TO EAST BAY MUNICIPAL
UTILITY DISTRICT",
RICT', and Port Ordinance No. being, "AN ORDINANCE
AMENDING PORT ORDINANCE NO. 2833 RELATING TO CONTAINER CRANE
ASSIGNMENT AND RENTAL RA I ES", were read a first time and passed to print by the
following vote:
Ayes:
Commissioners Cole, Kramer, Loh, Ortiz, Vohs
Noes:
None
Absent:
November 16, 1993
- 18 -
LEASE WITH TIDEWATER PROPERTIES OR A NEW LEASE AND DIRECTING
RECORDATION THEREOF", was read a first time and passed to print by the following
vote:
Ayes:
Commissioners Cole, Kramer, Loh, Vohs and
Noes:
None
Absent:
Commissioner Ortiz and President Lockhart - 2
At the hour of 5:10 p.m., the Board enter into close session to discuss pending
litigation as provided for under Government Code Section 54956.9 (b) and (c) and
reconvened in open session at the hour of 5:20 p.m.
The Board approved the recommendation of the Director of Engineering concerning
the award of contract to RGW for Construction of Middle Harbor Road from Seventh
Street to Ferro Street and approval of the subcontractor substitution on a passage of
Resolution 93536.
At the hour of 5:32 p.m. the meeting was adjourned on a motion duly made and
seconded.
November 16, 1993
- 19 -
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, December 7, 1993, at the hour
First Vice President Broussard presiding, appropriate notice having been given and posted.
An informal portion was held during the prior hour of 3:05 p.m. to 3:30 p.m. during which
time the Board received a report on the Port's Public Works Contract Procedures.
Kramer, Loh, Vohs, Ortiz and
Commissioner Cole and President Lockhart - 2
Also present were the Executive Director; Assistant Port Attorney, Thomas Clark;
Director of Engineering; Director of Aviation; Director of Human Resources; Director of
Equal Opportunity; Director of Governmental Affairs; Director of Finance; Director of
Public Affairs; and Secretary of the Board.
The minutes of the regular meeting of July 20, 1993; and adjourned regular meeting
of July 27, 1993 were approved as submitted and ordered filed.
at the conclusion of the open session for the purpose of discussing pending litigation
involving the Report of the Port Attorney on Litigation Matters as provided for under
Government Code Section 54956.9(a) pending litigation as provided under Government
Code Section 54956.9(b) and (c); personnel matters as provided for under Government
Code Section 54957; and to instruct negotiations on the price and teims for certain acreage
known as the Sonoma Baylands with the California Coastal Conservatory, as provided for
under Government Code Section 54956.8.
Commissioner Vohs, Chair of the Audit and Finance Committee, infm wed the Board
Approval in Principle of New Ground Lease with Chevron for Corporate Aircraft
Hangar; Approval in Principle of Port Reimbursement to Chevron for Certain Off-Site
Improvements and Waiver of Competitive Bidding for Off-Site Improvements was the
Chevron Corporation currently operates its corporate aircraft facility at San Francisco
International Airport and SFO has plans to convert the area now occupied by Chevron to
commercial aviation facilities. SFO officials have advised that Chevron's lease, due to
terminate in September 1995, will not be renewed. Chevron's current aircraft mix includes
a Gulfstream II,a Gulfstream III and Hawker-Sidley and they plan to add three Gulfstream
IV aircraft and two helicopters in the future. Chevron began preliminary discussions with
Port staff concerning a North Airport site for chevron's corporate hangar in 1989 and
agreement has been reached on the major provisions of a proposed new ground lease. The
basic terms would include premises of 167,000 square feet, approximately 3.83 acres, of
ground located in the infield area of the North Airport at Taxiways 0 & M and Runway
15/33 near Hangars 8 & 9. A term of 35 years after which title to the building reverts to
the Port. Chevron will construct and operate a 50,000 square foot building and associated
apron and parking areas to be used as a corporate aircraft hangar for maintenance and
overhaul of fixed wing and rotary wing aircraft and associated shop space, offices and lounge
facilities, estimated to cost $7.5 million. The rent during construction will be an estimated
$41,708.00 for nine months. After completion of the construction, the rent would be
$111,222.00 per year. The rent will be subject to adjustment based on the percentage
change in the CIP (all Urban Consumers) for the S.F./Oakland area every thirty months,
with a ceiling of 6% per annum. The rent shall be subject to market rate adjustments, as
determined by an MAI appraiser. The market rent adjustment shall occur every ten years.
The performance deposit would be 3 times the monthly rent or approximately $27,804.00.
December 7, 1994
-2-
Subject to Port review and approval, Chevron will design and construct approximately
$600,000.00 of infrastructure (utility-related e.g. water, sewer, gas, electric systems)
improvements off-site for which Chevron will be reimbursed by the Port. Given the
relatively small proportion that the estimated cost of the off-site improvements is of the total
estimated project cost of $7,500,000.00 and given Chevron's concern about the costeffectiveness of having a single general contractor manage the entire construction project,
the Port would waive any requirements for competitive bidding. Chevron would have the
right to self fuel its aircraft. It was noted that a detailed agreement covering environmental
liability has not yet been reached and that detailed provisions, formal lease preparation and
execution by Chevron will be done in 1994. It was recommended that the Board approve
preparation of a ground lease with Chevron Corporation, and approve in principle Port
reimbursement to Chevron Corporation for certain off-site improvements, and the waiver
of formal competitive bidding related to the off-site improvements. The recommendation
was approved on a motion by Commissioner Vohs, seconded and passed unanimously.
Approval of New License and Concession Agreement - USO of Northern California,
Inc. was the subject of a memo to the Board from the Director of Aviation recommending
approval to renew their agreement for 600 square feet of lounge space on the Mezzanine
of Terminal I, at $1.00 per year rent. The recommendation was approved on passage of
Approval of Agreement to Extend Right of Entry and Indemnity Agreement Airborne Freight Corporation was the subject of a memo to the Board from the Director
of Aviation recommending approval to extend right-of-entry and indemnity agreement with
Airborne Freight Corporation for 45,000 square feet of hangar floor, approximately 4,000
square feet of office space, approximately 2,600 square feet of ABX office area and
approximately 31,370 square feet of parking lot, at Building L-820, North Airport, effective
December 16, 1993, at no rental as a new agreement will be prepared during the month of
December. The recommendation was approved on passage of Resolution No. 93555.
December 7, 1994
-3-
Consent to Sale of Stock in Smarte Carte. Inc. was the subject of a memo to the
Board from the Director of Aviation notifying the Board that Smarte Carte, Inc. has three
agreements covering its concession operations at the Airport which include rights to install
and operate a self-service baggage cart service at 10% of gross receipts against a minimum
of $50.00. A license Agreement for providing and maintaining self-service storage lockers
in the Airport terminals. The present monthly rent is 30% of gross receipts against a
minimum of $100.00. A license and Concession. Agreement covering 45 square feet of
equipment maintenance arid storage space in Terminal II at $188.37 per month. James and
Marilyn Muellner, the owners of 100% of Smarte Carte's stock, have requested that the
Board consent to the sale of all their stock to Castle Harlan Partners II, L.P. and certain
employees of Smarte Carte. It was recommended that the Board approve the request. The
Award of Contract, Construction of ARFF Quick Response Pad, South Airport,
MOIA was the subject of a memo to the Board from the Director of Engineering notifying
the Board of the four bids received and that the low bidder, CSB Construction, Inc., at
$123,500.00, did not make good faith efforts to solicit DBE Sub-bids and it was
recommended that CSB Construction, Inc.'s bid be rejected. It was recommended that the
second low bidder, Brava, Inc., at $146,000.00, be awarded the contract. The
Award of Contract, Construction of Gate 26A Sta e 2 Terminal H Buildin • M-130
South Airport. MOIA was the subject of a memo to the Board from the Director of
Engineering notifying the Board of the four bids received and recommending award of the
contract to Vitton Construction Company, Inc., the low bidder, at $1,098,000.00. The
Engineering Design Services. Reconstruction of Access Ramps Connecting Terminal
I Buildings, South Airport, MOIA was the subject of a memo to the Board from the
Director of Engineering notifying the Board that in order to bring the Terminal I buildings
December 7, 1994
-4-
into compliance with ADA requirements, it is necessary to make substantial modifications.
The most important of these is the reconstruction of the access ramps between the three
buildings and the remodeling of the central restrooms. The required work provides for an
opportunity for the reconstruction of the access ramps connecting Terminal I buildings, the
widening of the international hold-room, the reconfiguration of M-102 restrooms, the
relocation of the security check point, the addition of an exterior elevator at M-102/M-103,
updating the M-101 restrooms, and removal of asbestos. It was recommended that the
Board approve an agreement with Hratch Kouyoumdjian & Associates for engineering
design services for the improvements. The firm will be reimbursed for the direct salaries
of personnel performing the work on the project, for benefits and overhead costs, other
direct costs for services required for the work, and a fixed fee of $34,000.00. The maximum
payment that can be made under the proposed agreement is $735,000.00 with up to
$184,000.00 of additional work available at the discretion of the Executive Director. The
Engineering Design Services, Aircraft Rescue & Fire Fighting (ARFF) Facility, North
Airport, MOIA was the subject of a memo to the Board from the Director of Engineering
notifying the Board that currently the Aircraft Rescue and Fire Fighting Services at Oakland
Aircraft Rescue and Fire Fighting Services at Oakland Airport are housed in Building
M-104, which is also the location of most of the terminal buildings' electrical and HVAC
equipment systems. The needs of the FAA mandated ARFF services have substantially
outgrown the space available in Building M-104, and it has long been apparent that a new
building dedicated to this purpose is necessary and should be located away from the
terminal buildings to avoid congestion and allow improved times to incidents on the
runways. The proposed new project is to construct a new ARFF facility at a site westerly
of the intersection of Taxiways 5 and 14. The proposed project will provide a new building
to house the rescue and fire fighting vehicles and personnel, upgraded facilities to
accommodate support operations, sight improvements, and access to the gate at the end of
December 7, 1994
5
the Air Cargo Roadway. It was recommended that the Board approve an agreement with
Greiner, Inc. for engineering design services for the new building. The firm will be
reimbursed for the direct salaries of personnel performing the work on the project, for
fringe benefits and overhead costs, other direct costs for services required for the work and
a fixed fee of $42,000.00. The maximum payment that can be made under the proposed
agreement is $925,000.00 with $231,000.00 of additional work available at the discretion of
the Executive Director. The recommendation was approved on passage of Resolution No.
93560.
Engineering Design Services for Construction of Earhart Road Realignment and
Miscellaneous Streets Improvements, North Airport, MOIA was the subject of a memo to
the Board from the Director of Engineering notifying the Board of the plans to reconstruct
and realign Earhart Road from Swan Way to Grumman Street. Included in the project are
the improved Earhart Road, two new access roads with signalized intersections connecting
to Doolittle Drive, new access roads and a collector street in the portion of old Earhart to
be vacated, storm drainage for the whole area, sanitary sewer upgrades, major upgrades to
the fire water systems, and other road and utility improvements. The project is in
accordance with the master plan for development of the North Airport. It was
recommended that the Board approve the agreement with Ackland International, Inc. for
engineering design services for the roadway improvements. The firm will be reimbursed for
the direct salaries of personnel performing the work on the project, for fringe benefits and
overhead costs, other direct costs for services for the work, and a fixed fee of $44,000.00.
The maximum payment that can be made under the proposed agreement is $1,138,000.00
with $284,500.00 of additional work available at the discretion of the Executive Director.
The recommendation was approved on passage of Resolution Non. 93561.
Authorization to Purchase Barge from Harbor Tug and Barge was the subject of a
memo to the Board from the Acting Director of Commercial Real Estate notifying the
Board that the Harbor Tug and Barge Corporation, doing business as the Red and White
December 7, 1994
-6-
Fleet, a division of Crowley Maritime, owns a floating barge located between Kincaid's and
Scott's restaurant. The float was extensively used during the boat show and for berthing "tall
ships" and Crowley has agreed to sell it to the Port for $150,000.00. The marina staff
anticipates that it can use the barge as a revenue producing resource to accommodate
charter party vessels at this location, including the Red and White Fleet. Charter vessel
activity from Jack London Square is becoming an increasing popular activity and it is
estimated that the barge could generate up to $21,000.00 per year in revenue at an average
income of $150 per vessel. It was recommended that the Board authorize the agreement
with the Harbor Tug and Barge Corporation for the purchase of the barge. The
Recommended Approval of New License and Concession Agreement - Park-Tilden
Corporation was the subject of a memo to the Board from the Acting Director of
Commercial Real Estate recommending approval of a new agreement with Park-Tilden
Corporation for 5,782 square feet of warehouse space in Building J-321 located at 2400
Embarcadero and adjacent parking at $1,600.00 per month, effective November 1, 1993. It
was noted that the proposed agreement had been before the Board at a previous meeting
and the new agreement corrects the description/location and correct square footage. The
Renovation of EBM[IJD Easement was the subject of a memo to the Board from the
Acting Director of Commercial Real Estate notifying the Board that East Bay Municipal
Utility District entered into an agreement which provided for the removal from service of
a fire hydrant, meter and pipe at 7th and Terminal Streets in order to accommodate the
expansion of Berth 26. The Port installed a new fire hydrant off the Port distribution system
approximately 100 feet from the existing hydrant. It was recommended that the Board
authorize for the revocation of the 1977 grant of easement for the installation of the piping.
December 7, 1994
-7
Approval of Right of Entry for Caltrans to Widen Interstate 80 Along the Northern
Side of the Bay Bridge Toll Plaza was the subject of a memo to the Board from the Acting
Director of Commercial Real Estate recommending approval of the right of entry for
Caltrans. The improvements to Interstate 80 require acquisition from the Port of
approximately half an acre of a property along the northern side of the interstate.
Negotiations have commenced for the acquisition of fee and easement property rights.
Caltrans requires approximately 26,000 square feet in fee for a proposed bus stop and road
widening and approximately 66,000 square feet for a temporary construction easement which
will expire in January
1998.
Caltrans design plans include roadway widening; construction
of a bus pad; relocation of existing frontage road: construction of a surface drainage pond
between the frontage road and heavy occupancy vehicle lanes and other construction items.
Caltrans is currently preparing a fair market value appraisal of the property and the Port
will receive just compensation for the property being acquired. The recommendation was
approved on passage of Resolution No.
93565.
Supplemental Agreements for Canadian Transport Company and Marine Terminals
Corporation was the subject of a memo to the Board from the Director of Maritime
notifying the Board that Canadian Transport Company is a major steel carrier from Europe
operating combination breakbulk and container vessels which also handle general and
containerized cargo. The line's operations are conducted at the Charles P. Howard
Terminal which is operated by Stevedoring Services of America. The Port and SSA have
recently been working together to improve the operating efficiency for the handling of
containerized cargo at the Howard Teiminal. These future developments and improvements
necessitate immediate demolition of the first transit shed on the Howard Terminal.
Demolition of the transit shed will pose difficulties for CTCO's breakbulk operations as well
as reduce the amount of storage area required for steel products. Both the Port and CTCO
have been working to find alternative facilities which will provide adequate storage space
as well as accommodate their breakbulk operations and CTCO has now agreed to shift
December 7, 1994
-
8-
operations from Howard Terminal to the Ninth Avenue Terminal which is operated by
Marine Terminals Corporation. The existing TUA does not delineate the Ninth Avenue
Terminal as a public user facility to which CTCO can transfer and it was recommended that
the Board approve Supplemental Agreements for Canadian Transport Company and Marine
Terminals Corporation to provide for the relocation. The Management Agreement with
MTC for operation of the Ninth Avenue Terminal will be modified to provide that in lieu
of the 30% sharing from the Port's tariff for dockage, wharfage, demurrage and storage
revenue MTC will received 2.5% of tariff dockage and wharfage for shipping lines operating
combination breakbulk cargo and container vessels which previously called at other public
terminals. The recommendation was approved on passage of Resolution No. 93566 for
Marine Terminals Corporation and Resolution No. 93580 for Canadian Transport Company.
Award of Contract, Construction of Port View Park, Seventh Street. Terminal was the
subject of a memo to the Board from the Director of Engineering notifying the Board of the.
eleven bids received and recommending award of the contract to Conco Cement Company,
the low bidder, at $2,220,287.00. The recommendation was approved on passage of
Amendment to Cooperative Agreement for Improvements to Middle Harbor Road was
that the Port of Oakland and Caltrans entered into an agreement defining the tei ins and
conditions of a project to close 7th Street to traffic during construction of Cypress
Replacement, and to detour harbor bound traffic using a route along Adeline Street, Middle
Harbor Road, Southern Pacific Bypass Road, and Maritime Street. In order to
accommodate the increased traffic on the detour route, Caltrans agreed to pay for the
improvement of the Southern Pacific Bypass Road section so that Middle Harbor Road will
now connect to the intersection at 7th and Maritime Streets. The original agreement sets
the State's maximum total project obligation for this work at $5,000,000 and it has now been
determined that the State's maximum total project obligation will be less than that amount.
December 7, 1994
-9
It was recommended that the Board authorize the "Proposed Amendment to the
Cooperative Agreement for Execution" with Caltrans which provides for a reduction of the
not-to-exceed amount to $4,354,577.00, with the difference to be re-allocated to railroad
work to be performed by Southern Pacific Transportation Company and for material source
testing to be performed by Caltrans' material testing lab; and the termination date specified
shall now be August 31, 1994 instead of June 30, 1994. The recommendation was approved
Plans and Specifications for Installation of Above Ground Fuel Storage Tank, Berth
67 was the subject of a memo to the Board from the Director of Engineering recommending
their approval and authority to advertise for bids for the installation of the tank. The work
consists of installing one new above-ground, 6,000-gallon concrete encased imleased gasoline
storage tank at Howard Terminal. The project is categorically exempt and does not require
the preparation of an environmental document. The recommendation was approved on
Resources recommended the appointment of Fatima Vegas, as Commercial Representative
IV, effective December 9, 1993, at $4,631 per month; Gunnar W. Niemi, as Port
Programmer Analyst, effective January 3, 1994, at $2,347 per month; Aron L. Harris, as
Custodian, effective December 9, 1993, at $2,347 per month; and Tillman M. Harrison, as
Custodian, effective December 9, 1993, at $2,347 per month. Also recommended was the
rescission of appointment of Ms. Susan G. Arcilla to Port Programmer Analyst; a title
change from "Maritime Marketing Projects Assistant - Marine Commercial Representative
IV" to "Maritime Marketing Communications Program Coordinator - Marine Commercial
Representative IV"; amendment of salary appointments for Joseph K. Wong, as Port
Principal Engineer, to $7,067 per month, Albert Lim, as Port Principal Engineer, to $6,957
per month, and Thomas LaBasco, as Port Principal Engineer, to $6,957 per month; the
assignment of Salary Schedule 238.74 to the existing Port-unique classification of
December 7, 1994
- 10 -
Procurement Analyst; and the revisions of job specifications for the existing Port-unique
classification of Procurement Analyst and for the existing Port-unique classification of Port
Senior Auditor. Further recommended was the request for medical leave of absence for Ms.
Sabrina Del Favero, Senior Secretary for one working day, November 19, 1993; and the
termination of Ms. Charlotte R. Fulgham, as Data Entry Operator, effective the close of the
work day of December 7, 1993 as the Port has fulfilled its obligations to the employee under
Worker's Compensation, and vocational rehabilitation for the employee has also been
concluded. The recommendation was approved on passage of Resolution No. 93570 for
appointments; Resolution No. 93571 for rescission of appointment; Resolution No. 93572
for assigning salary rates; Resolution No. 93573 for job specifications; Resolution No. 93574
for leave of absence; Resolution No. 93575 for termination; and on an ordinance passed to
print for title change and assignment of salary schedule.
Recommendation to Certify to the City Council of the City of Oakland the Amount
of the Port of Oakland's Discretionary Reserves under Public Resources Code Section 6010
was the subject of a memo to the Board from the Director of Finance notifying the Board
that the State Public Resources Code Section 6010(b) provides that on or before December
31, 1992, and on or before December 31 of each year thereafter, the governing body of a
port shall certify the amount of its discretionary reserves to the legislative body of each
chartered city in which the port is located. The code provides that "'discretionary reserve'
means the greater of either of the following, but not to exceed the amount of property tax
revenues foregone by the chartered city in which the port is located as a result of the
application of Section 97.0:3 of the Revenue and Taxation Code: (1) twenty-five percent of
the amount that is the difference between total current assets of a port and the total current
liabilities of the port, as reported in the most current independently audited financial
statement of the port and made public before June 30, 1992, and each year thereafter; or
(2) Four million dollars ($4,000,000.00)." The Auditor of Alameda County has stated in
writing to the Port that the amount of property tax revenues foregone by the City of
December 7, 1994
- 11 -
Oakland as a result of the application of Section 97.03 of the Revenue and Taxation Code
is $4,656,744.00. Twenty-five percent of the amount that is the difference between the total
current assets and the total current liabilities of the Port of Oakland as reported in the most
current independently audited financial statement of the Port of Oakland and made public
before June 30, 1993, is $NONE. The Port's "discretionary reserves," as defined in Section
6010(g), is therefore $4,000,000.00. Under the provisions of Section 6010(c), a transfer to
the City is only authorized from "discretionary reserves" if and to the extent that the City
Council by March 1, requests a transfer. To date, the City has not requested a transfer of
discretionary reserves. It was recommended that the Board pass a resolution certifying that
the amount of the Port's "discretionary reserves" under Public Resource Code Section 6010
is $4,000,000.00. The recommendation was approved on passage of Resolution No. 93576.
An Ordinance Rescinding the Port of Oakland's South Africa Divestment Ordinance
was the subject of a memo to the Board from the Director of Equal Opportunity notifying
the Board that on January 8, 1985, the Board passed Resolution No. 28796 declaring that
doing business with South Africa is morally repugnant. An ordinance was also printed
setting forth a policy prohibiting investment of the Port funds with banks or firms doing
business in or with South Africa, prohibiting the purchase of commodities produced in South
Africa, and providing for the selective purchase of products and services from firms doing
business in or with South Africa. Later the resolution was amended to seek to exclude
South Africa and Namibia from trade associations, lobby for restrictive legislation and
support prohibition of imports from South Africa and Namibia. The South African
Parliament has voted to rescind a number of apartheid laws and has agreed to hold
constitutional assembly elections on April 27, 1994. As a result of the repeal of these laws
certain leaders have requested the international community to lift economic sanctions in
order to promote economic stability. It was recommended that the Board enact an
ordinance repealing Port Ordinance No. 2682 and the resolutions dealing with doing
December 7, 1994
- 12 -
business with South Africa. The recommendation was approved on an ordinance passed
to print.
Renewal of Agreement Between Port of Oakland and Lynn M. Suter & Associates was
the subject of a memo to the Board from the Director of Governmental Affairs
recommending approval to renew the agreement for governmental representation in
Sacramento. The term of the agreement will be from January 1, 1994 through December
31, 1994 with maximum annual compensation at $90,576.00. 'The compensation is structured
as follows: Retainer, $6,798.00 per month; Expenses, $200.00 per month; and Computer,
$550.00 per month. The recommendation was approved on passage of Resolution No.
93577.
Travel Authorization was the subject to the Board from the Secretary of the Board
recommended the travel of President James B. Lockhart and the Director of Maritime
Activities, Leo R. Brien, to Maui, Hawaii on or about the period December 6 - 8, 1993 to
participate as panelists for 1993 Pacific Conference. The recommendation was approved
vote:
Ayes:
Commissioners Kramer, Loh, Ortiz,Vohs
Noes:
Absent:
None
AND CONCESSION AGREEMENT WITH USO OF NORTHERN CALLE,'ORNIA,
INC."
TO EXTEND RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT ("ROE
EXTENSION AGREEMENT') WITH AIRBORNE FREIGHT CORPORATION."
December 7, 1994
- 13 -
CONSENTING TO SALE OF SMARTE CAR I E, INC. STOCK."
REJECTING BID OF CSB CONSTRUCTION, INC.; AWARDING CONTRACT
TO BRAVA, INC., FOR CONSTRUCTION OF ARFF QUICK RESPONSE PAD,
SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,
OAKLAND, CALIFORNIA, A.I.P. 3-06-0170-07; FIXING THE AMOUNT OF
BIDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL
AWARDING CONTRACT TO VITION CONSTRUCTION COMPANY, INC.,
FOR CONSTRUCTION OF GA1E 26A, STAGE 2, TERMINAL II, BUILDING
M-130, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO
BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS."
"RESOLU'llON NO. 93559
HRATCH KOUYOUMDJIAN & ASSOCIATES FOR ENGINEERING DESIGN
GREINER, INC. FOR ENGINEERING DESIGN CONSULTING SERVICES
CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES
SAID AGREEMENT."
FINDING AND DE1ERMINING THAT A PROPOSED AGREEMENT WITH
ACKLAND INTERNA'110NAL, INC. FOR ENGINEERING DESIGN
CONSULTING SERVICES CONSTITU I ES PROFESSIONAL OR SPECIALIZED
APPROVING AND AUTHORIZING EXECUTION OF PURCHASE
AGREEMENT WITH HARBOR TUG AND BARGE CORPORA'llON DOING
BUSINESS AS THE RED AND WHI'l'E FLEET."
December 7, 1994
- 14 -
AND CONCESSION AGREEMENT WITH PARK-TILDEN CORPORATION."
REVOKING GRANT OF EASEMENT FROM EAST BAY MUNICIPAL
UTILITY DISTRICT FOR WATER TRANSMISSION AND DISTRIBUTION
PURPOSES AT SEVENTH AND'TERMINAL STREETS."
APPROVING AND AUTHORIZING EXECUTION OF RIGHT-OF-ENTRY AND
INDEMNITY AGREEMENT STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (NORTHERN SIDE OF BAY BRIDGE TOLL PLAZA)."
AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT TO
MANAGEMENT AGREEMENT WITH MARINE TERMINALS
CORPORATION."
AWARDING CONTRACT TO CONCO CEMENT COMPANY, FOR
CONSTRUCTION OF PORT VIEW PARK, BERTH 40, SEVENTH STREET
TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BIDS TO
BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS."
APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO
COOPERATIVE AGREEMENT WITH STATE OF CALIFORNIA FOR
EXTENSION OF MIDDLE HARBOR ROAD (SOUTHERN PACIFIC BYPASS
ROAD)."
APPROVING AND AUTHORIZING PLANS AND SPECIFICATIONS FOR
INSTALLATION OF ABOVE GROUND FUEL STORAGE TANK, BERTH 67,
OAKLAND, CALIFORNIA, [C.I.P. M4.0372.06]; AND CALLING FOR BIDS
THEREFOR."
APPOINTMENTS."
December 7, 1994
- 15 -
ASSIGNING CERTAIN EMPLOYEES TO CERTAIN SALARY RATES."
ES."
APPROVING JOB SPECIFICATIONS FOR THE POSITIONS OF
PROCUREMENT ANALYST AND PORT SENIOR AUDITOR."
SENIOR SECRETARY."
TERMINATING APPOINTMENT OF CHARLO TIE R. FULGHAM."
CERTIFYING TO THE CITY COUNCIL OF THE CITY OF OAKLAND THE
AMOUNT OF THE PORT OF OAKLAND'S "DISCRETIONARY RESERVES"
UNDER PUBLIC RESOURCES CODE SECTION 6010."
LYNN M. SUTER & ASSOCIATES FOR LEGISLATIVE REPRESENTATION
CONCERNING CERTAIN I RAVEL."
GRANTING FEDERAL AVIATION ADMINISTRATION PERMISSION TO
AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT
WITH CANADIAN TRANSPORT COMPANY LIMITED."
AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT TO LEASE
WITH TIDEWATER PROPER"TIES OR A NEW LEASE AND DIRECTING
RECORDATION THEREOF," Port Ordinance No. 3183 being, "AN ORDINANCE
December 7, 1994
- 16 -
APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
AND THE GRANT OF NON-EXCLUSIVE SURFACE ROADWAY EASEMENT TO
EAST BAY MUNICIPAL UTILITY DISI RICT', and Port Ordinance No. 3184 being, "AN
ORDINANCE AMENDING PORT ORDINANCE NO. 2833 RELATING TO
CONTAINER CRANE ASSIGNMENT AND RENTAL RATES", were read a second time
and passed by the following vote:
Ayes:
Commissioners Kramer, Loh, Ortiz, Vohs
Noes:
None
Absent:
ORDINANCE NO. 867 FIXING THE COMPENSATION OF EMPLOYEES IN THE.
UNIT", and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO RE II ILE THE POSITION OF MARITIME MARKETING
PROJECTS ASSISTANT - MARINE COMMERCIAL REPRESENTATIVE IV AND TO
ASSIGN THE POSITION OF PROCUREMENT ANALYST TO SALARY SCHEDULE
NO. 238.74", and Port Ordinance No. being, "AN ORDINANCE REPEALING THE
PORT OF OAKLAND'S SOUTH AFRICA DIVESTMENT ORDINANCE AND
RELNI ED RESOLUTIONS", were read a first time and passed to print by the following
vote:
Ayes:
Commissioners Kramer, Loh, Ortiz, Vohs
Noes:
None
Absent:
December 7, 1994
- 17 -
At the hour of 4:16 p.m., the Board enter into close session as previously announced
by President Lockhart and reconvened in open session at the hour of 5:00 p.m at which time
the meeting was adjourned on a motion duly made and seconded.
Secretary of the Boa
December 7, 1994
- 18 -
OF THE
CITY OF OAKLAND
The meeting, foimal portion, was held on Tuesday, December 21, 1993, at the hour
Commissioners present: Cole, Kramer Vohs, Ortiz and
Commissioners Broussard and Loh - 2
Also present were the Executive Director; Deputy Executive Director; Assistant Port
Attorney, Thomas Clark; Chief Engineer; Director of Aviation; Assistant Director of
Commercial Real Estate, Dennis White; Director of Human Resources; Director of
Maritime Affairs; Director of Finance; Director of Strategic and Policy Planning; Director
of Equal Opportunity; Director of Governmental Affairs; and Secretary of the Board.
Report of the Port Attorney on Litigation Matters as provided under Government Code
Section 54956.9(a); pending litigation as provided for under Government Code Section
54956.9 (b) and (c); and personnel matters as provided for under Government Code Section
54957.
Commissioner Ortiz, Member of the Customer Relations and Employment
Development Committee, informed the Board that the committee had rnet and reviewed
their current agenda.
Board that the committee bad met and reviewed their current agenda.
At the hour of 3:22 p.m. President Lockhart excused himself from the meeting and
Vice President Kramer assumed the chair.
Fixing the Rent of The Hertz Corporation on Airport Service Facility Ground was
the Hertz Corporation previously constructed and operates a rental car service facility on
34,769.59 square feet of ground adjoining Terminal I at the airport under the holdover
provisions of a lease that commenced July 1, 1967 and expired on June 30, 1987. The
present monthly rent is $1,738.48 or $.05psf. The rent was last adjusted on July 1, 1982 for
the then 5 remaining years of the lease under a formula contained in the lease which no
longer applies. The lease further provides that should Hertz holdover, as is the case, the
Port may fix the rent upon 30 days prior written notice. Negotiations with Hertz have not
been successful to increase the rent to fair market rental value and it was recommended that
the Board fix the rent of The Hertz Corporation commencing February 1, 1994 at $4,321.86
per month or $.12 + psf. The proposed increase is based upon a 10% return on a land value
of $14.92psf. Although the proposed rent is a 148% increase since the last rent increase on
July 1, 1982, over the same period, Hertz reported a 190% increase in gross receipts at the
Airport. Mr. William Lauder, Director of Properties for the Hertz Corporation, appeared
before the Board to ask for a more reasonable increase as he claimed the cost of doing
business at the Oakland Airport was greater than at other airports. The Board thanked Mr.
Lauder for his concerns and noted that Hertz appeared to be equally sharing in the
passenger growth at the Oakland Airport. The recommendation was approved on passage
Approval of New License and Concession Agreement and Approval of an Agreement
to Extend Right-of-Entry and Indemnity Agreement - Airborne Freight Corporation was the
Airborne Freight Corporation has conducted air cargo operations from a variety of locations
at the Airport since 1988. Recently AFC conducted its activities outdoors from Taxiway 14
on the South Airport. On June 18, 1993, AFC relocated its air cargo operations to the
apron area adjacent to Hangar 9 on the North Airport. One June 28, 1993, AFC relocated
December 21, 1993
-2-
its air cargo operations to the apron area adjacent to Hangar 9 on the North Airport. AFC
now seeks to enter into a long-term relationship with the Port for the use of Hangar 9 at
7683 Earhart Road as its Bay Area air cargo and distribution center. It was recommended
that the Board approve the new agreement covering Hangar 9, Building L-820, North
Airport, which includes hangar floor, office, apron and auto parking, at a monthly rent of
$26,024.18. The agreement also provides for ingress of AFC's vehicles over 64,954 square
feet of paved apron east of Hangar 9 to the hangar's east door. The Port would reserve the
right to convey the balance of Hangar 9 and adjacent apron areas to other prospective
tenants. The term would be for approximately one year, with five sequential one-year
options to extend the term upon certain terms and conditions. The rent of $26,024.18 per
month would be for the first 29 months. Effective the 30th month rent would increase 13%
over the rent for months 1-29. Rent for months 61 through 72 would be adjusted to Fair
market Rental Value. A performance deposit of $52.048.00 will be due. AFC would
provide a minimum of $250,000.00 in improvements to the office premises. After
completion of these improvements to the satisfaction of the Port, AFC would be eligible for
rental credits of up to $50,000.00. AFC would provide a minimum of $30,000.00 in
improvements to the parking lot and would be eligible for rental credits of up to $30,000.00.
The Port would demolish 3 currently vacant small buildings on the apron by March 1, 1995,
to provide AFC additional operating space. During the negotiations of the Agreement, the
Port and AFC entered into a Right-of-Entry and Indemnity Agreement and the Board
approved Agreement to Extend Right-of-Entry and Indemnity Agreement dated December
16, 1993, and expiring December 31, 1993. To cover AFC's occupancy of the premises from
January 1, 1994, until the effective date of the Agreement, it is proposed that the Port and
AFC enter into another Agreement to Extend Right-of-Entry and Extension Agreement.
The recommendation was approved on passage of an ordinance to print and on passage of
Resolution No. 93582 for extension of Right-of-Entry.
December 21, 1993
Approval of New License and Concession Agreement - Airpac Inc, was the
subject of a memo to the Board from the Director of Aviation recommending approval of
a new agreement with Airpac Airlines, Inc., for 156 square feet of 2nd floor office space in
Building L-142, North Airport, at $180.96 per month, effective November 19, 1993. The
Approval of Specifications for Removal of Rubber Deposits from Runways for the
Period Commending March 1 1994 and Endin Februa 28, 1995, 1996 or 1997, MOIA
was the subject of a memo to the Board from the Chief Engineer recommending their
approval and authority to advertise for bids for removal of rubber deposits from the
runways. Rubber is deposited on airport runways from the rubber tires of aircraft landing.
When too much rubber is deposited on a runway the surface can become slippery and
unsafe, especially in wet weather and it is necessary to remove the rubber deposits from
time to time. The rubber removal process requires highly specialized equipment which
removes the rubber with high pressure water jets and there are a number of contractors
traveling around the country from airport to airport with such equipment to perform rubber
removal work. The specifications provides for annual removals. The recommendation was
Substitution of Structural Steel and Miscellaneous Iron Subcontractor for
Construction of Gate 26A, Stage 1, MOIA was the subject of a memo to the Board from the
Chief Engineer notifying the Board that the Port has a contract with Berkeley Builders, Inc.,
dba BBI Construction for the new aircraft gate at Terminal II and that the subcontractor
listed with its bid, Vela Steel Products, Inc, is unable to perform the work in a timely
manner. It was recommended that the Board approve Romak Iron Works as the listed new
structural steel and miscellaneous iron subcontractor to perform the remaining contract
Authorization of Oven Market Procurement of Airport Seating was the subject of a
memo to the Board from the Purchasing Manager notifying the Board that Gate 26A is
December 21, 1993
-4-
under construction at Terminal H for use by Southwest Airlines with an estimated
completion date of May, 1994. The plans call for the purchase and installation of 135 seats.
The proposed seats, Knoll Diffrient Multiple Seating, are widely used throughout the
industry by both airlines and airport operators. Previously, the Board authorized the
purchase of 1100 Knoll Diffrient Multiple seats at a cost of $445,000.00. The teiius of
purchase were highly favorable due to quantity discounts and competitive pressures and, in
addition, the dealer agreed to maintain the pricing through the end of 1993. It was
recommended that the Board find it in the best interest of the Port to suspend foin al
bidding, and authorize the purchase and installation of 135 Knoll Diffrient Multiple Seats
at an estimated cost of $45,000.00. The recommendation was approved on passage of
Authorization to Purchase Modular Restroom Buildings for Airport was the subject
of a memo to the Board from the Purchasing Manager notifying the Board of the identified
need to purchase two modular restroom buildings. One modular building will be placed at
the loading dock of M-101 ticketing area at Terminal I. This location improves the
proximity of restroom facilities for airline patrons purchasing tickets, especially at the
American, America West, Delta and Morris Air counters. The second modular building will
be placed at the taxicab holding lot located at North Airport where Boeing and Wright
streets intersect. It will be used by taxicab drivers while waiting for their turn to pick up
passengers. It was recommended that the Board authorize the purchase and installation of
the two modular buildings at a cost of approximately $44,000.00 plus taxes and fees. The
Determination Need to Act Arose After Posting Agenda and Amendment of Port
Tariff Regarding PFCs was the subject of a memo to the Board from the Director of
Aviation notifying the Board that the Department of Transportation Appropriations Act for
fiscal year 1994, enacted on October 27, 1993 provides that no AIP grant funds will be made
available to a public agency for any airport development project if the agency imposes a
December 21, 1993
-5
Passenger Facility Charge where the passenger did not pay for the air transportation,
including the use of frequent flyer award coupons. While the Notice does not prohibit the
collection of PFCs on frequent flyer or similar bonus award programs, it does state that
continued collection by a public agency of PFCs on such tickets will be deemed to be at the
discretion of the public agency and will impact the agency's continued eligibility to receive
AIP grant monies. The Notice further states that if a public agency wishes to ensure its
continued eligibility for ALP grant funds it must notify air carriers no later than January 5,
1994 to terminate collection of PFCs on such frequent flyer tickets. The Port expects that
its collection of PFCs will be reduced by approximately 2% or $190,000.00 - $285,000.00,
over a 12-month period if it ceases collection on frequent flyer tickets for the totally
approved projects. The approved PFC collection amount will not change; the collection
period would extend a period long enough to recover the amount not paid by frequent
flyers. ALP passenger entitlement grant monies total approximately $1.5 - 2.0 million
annually. In accordance with Charter requirements, PFCs at the Port are considered a tariff
which must be imposed by Ordinance. It was recommended that the Board amend Port
Ordinance No. 1149 in order to cease collection of PFCs on frequent flyer tickets and
similar award programs and to conform to the requirements of the FAA Notice to maintain
eligibility to receive ALP grant funds. In order for such amendment to be effective prior to
the deadline of January 5, 1994 imposed by the FAA Notice, the Board must give the first
reading of the amendment at its meeting on December 21, 1993 so that the Charter-required
publication and second reading of the amending Ordinance can take place at the scheduled
January 4, 1994 Board meeting. Additionally, the Brown Act in California Government
Code Section 54954.2(b)(1) permits a legislative body to take action on items of business
not appearing on the posted agenda upon a determination by a two-thirds vote of the
legislative body, or, if less than two-thirds of the members are present, a unanimous vote
of those members present that the need to take action arose subsequent to the agenda being
December 21, 1993
-6-
posted. As the need for the amendment came after the agenda was posted on December
17, 1993, it was recommended that the Board adopt a Resolution determining that the need
to take action to amend Port Ordinance No. 1149 arose subsequent to the posting of the
agenda for the December 21, 1993 Board meeting. The recommendation was approved on
passage of Resolution No. 93588 for need to take action and on an ordinance passed to
print amending Ordinance No. 1149 pertaining to the collection of PFCs.
Ratification of Emergency Action to Dredge Federal Channel Adjacent to Berth 30,
Seventh Street Terminal was the subject of a memo to the Board from the Chief Engineer
notifying the Board that a large shoal consisting of approximately 20,000 cubic yards of
sediment was identified in the federally maintained channel adjacent to Berths 30 and 32.
The shoal is well above the maintained depth of -35 MLLW. Trans Pacific Container
Service operator of the newly constructed Berth 30 terminal scheduled their first vessel to
arrive at the terminal on January 20, 1994 and the shoal, if left in place, would prevent
access to the berth. The Port staff notified the Corps of the shoal and was informed that
the Corps would not be dredging this area since their sediment quality test results for the
one sample taken in this area deemed the material to be not suitable for aquatic disposal.
Additional testing has been done to determine the actual amount of unsuitable material.
Further complicating the situation, the California Department of Fish and Game earlier
requested a closure to all dredging beginning on December 1, 1993 to protect the Pacific
herring that spawn along the shoreline of San Francisco. Port staff discussed this situation
with CDFG, and they did not object to the Port performing the dredging as long as the Port
monitors for herring, ceases dredging when the herring arrive, and does not dredge any later
than January 1, 1994. Due to the importance of the terminal operations starting as
scheduled, the Director of Engineering determined that an emergency existed and directed
Dutra Construction Company to perfol in the dredging required to make Berth 30
operational on a time-and-materials basis under their present contract with the Port for
other dredging projects. The sediment was loaded onto barges for storage until results of
December 21, 1993
-7-
the additional sediment quality tests have been received and the disposal requirements
determined. If the results indicated that the material is unsuitable for aquatic disposal, it
will have to be disposed of upland at an estimated cost of approximately $250,000.00. If
aquatic disposal is permitted, the estimated cost should be approximately one half of this.
The work was completed before the herring arrived. It was recommended that the Board
ratify the actions taken to remove the shoal at Berth 30. The recommendation was
Authorization of a Professional Services Agreement for Preparation, Public Review
and Final Revisions of the Environmental Impact Document Required by CEQA and NEPA
for the Port's Lease and Proposed Uses of Oakland Naval Supply Center Lands was the
subject of a memo to the Board from the Chief Engineer notifying the Board of the
proposed long-term lease between the Port and Oakland Naval Supply Center for a portion
of the base for Port-related uses. The enabling legislation providing for the lease was signed
into law in December, 1987, as part of the 1988 Military Construction Act. Before the lease
agreement could be executed, a joint Port-Navy environmental document had to be
prepared, circulated, revised and approved in accordance with the California Environmental
Quality Act and the National Environmental Policy Act. The Board previously authorized
retaining L.S.A., Inc., on the recommendation of, the Port and the Navy, to prepare the
environmental documents. LSA submitted an Administrative Draft EIR/EIS in May, 1988.
Following changes in contract and project scope extensive hazardous materials and
contamination investigations, LDS provided a revised ADEIR/EIS in September, 1991, and
the Port and Navy closed out the contract due to the collapse of lease negotiations. In
August, 1993, President Clinton directed the Navy to lease 200 acres of NSCO lands, much
for one dollar a year, to the Port for maritime-related uses. As the first maritime project
on the leased lands, the Port is proposing to develop approximately 80 acres. Because the
terms of the 1993 lease and project differ from those covered in the 1991 ADEIR/EIS, that
document must be revised and the CEQA/NEPA documentation process completed. A
December 21, 1993
-
scope of work has been agreed to with LSA to complete the environmental documentation
work required by CEQA and NEPA at a cost in accordance with their published rates. The
total cost shall not exceed $60,000.00 with certain $20,000.00 of additional work available
at the discretion of the Executive Director. It was recommended that the Board authorize
a contract with LSA, Inc for the remaining work. The recommendation was approved on
Seventh Supplemental Agreement with Norsul Internacional. S.A. was the subject of
a memo to the Board from the Director of Maritime notifying the Board that Norsul
Internacional, S.A., a Brazilian corporation, has a Terminal Use Agreement for use of the
Charles P. Howard Terminal which is operated by Stevedoring Services of America. Norsul
operates a service in the trade route between the U.S. West Coast and Brazil specializing
in steel, containerized and general cargo. The expiration date for the base term of the five
year agreement was August 31, 1993 and the agreement has been extended twice. The Port
and SSA have been working together to improve the operating efficiency for the handling
of containerized cargo at the Howard Terminal. These modifications and improvements
include demolition of the transit sheds which will limit Norsul's breakbulk operations and
reduce the amount of storage area required for steel products. Norsul's breakbulk and steel
shipment volumes have now decreased to where they did not require immediate use of the
transit sheds at the Howard. Terminal. As Norsul is evaluating their terminal requirements,
it was recommended that the Board approve an additional six months extension of the
agreement. The recommendation was approved on passage of Resolution No. 93591.
Award of Contract, Replacement of Fuel Storage Tanks CF-01 and CF-02 at Berth
24 was the subject of a memo to the Board from the Chief Engineer notifying the Board of
the five bids received and recommending award of the contract to Accutite Environmental
Engineering, the low bidder, at $143,756.70. The recommendation was approved on passage
December 21, 1993
-9-
Ratification of Change Order to the Contract for Raising Paceco Crane X-422 and
Relocating it to Howard Terminal was the subject of a memo to the Board from the Chief
Engineer notifying the Board that the Board previously authorized negotiating a contract
with Paceco Corporation for upgrading and relocating crane X-422 from Berth 39 to
Howard Terminal. The contract with Paceco Corporation became effective on November
4, 1993, at a lump sum price of $2,381,000.00. The work of the contract includes raising the
crane 26 feet to provide a lift height of 100 feet, changing the rail gauge from 96 feet to 100
feet, replacing the crane operator's cab, increasing the hoisting speed, installing a man lift,
changing the power pick-up system, relocating the crane from. Berth 38 to Howard Terminal,
and other minor modifications. The Howard Terminal operator recently requested that the
unique spreader and headblock on the crane be replaced with a new headblock and
telescope spreader with 20'/40'/45'/twin 20/ container handling capabilities that would be
interchangeable with the spreaders on the other three cranes at Howard Terminal. This
requires raising the crane 4 feet higher. In addition, the crane does not have snag load
protection and with the increased hoisting speed, such protection is considered very
desirable in order to protect the crane. Paceco's price for a new headblock and spreader,
raising the crane an additional 4 feet, and installing snag load protection is $409,110.00.
Paceco is working to a very tight schedule to complete raising and relocating the crane by
April 1, 1994. To avoid delaying the work of the contract and still provide the new
equipment either requested by the tenant or required for safety, Paceco was directed to
proceed with the additional modifications to the crane. It was recommended that the Board
ratify a change order for $409,110.00 to Paceco Corporation for providing a new headblock
and spreader and providing a new snag load protection system. The recommendation was
Agreement with Union Pacific Railroad to Upgrade Automatic Flashing Light
Crossing at Ferro Street, Middle Harbor Terminal was the subject of a memo to the Board
from the Chief Engineer. The flash system is part of the construction of Middle Harbor
December 21, 1993
- 10 -
Road from 7th Street to Ferro Street. The work is covered by the Co-op Agreement
between the Port and Caltrans and the cost will be reimbursed by Caltrans. It was
recommended that the Board approve the agreement with Union Pacific Railroad Company
to upgrade the automatic flashing light crossing signals at Ferro Street for the estimated cost
of $88,838.00. The recommendation was approved on passage of Resolution No. 93594.
Second Supplemental Agreement, Engineering Design Services, Seventh Street
Terminal was the subject of a memo to the Board from the Chief Engineer notifying the
Board that the Port has a professional service agreement with Jordan Woodman Dobson
for the design of the reconstruction of 20 acres of the Seventh Street Terminal Yard. The
current maximum compensation under the terms of the agreement as modified is
$665,000.00. The prior work under the current agreement focused on 20 acres of the area
in Berth 37 that was damaged in the 1989 earthquake and was available for immediate
rehabilitation. It has been the intent of the Maritime Division to rehabilitate the remaining
Berth 35, 37 and 38 yard area and gate as the areas become available. At this time it is
desired to prepare plans and specifications for an additional 10 acres at Berth 35 and to
prepare more detailed conceptual plans for various gate alternates reflecting the options for
one or two tenants at the facility, and incorporating the changes to the terminal area due
to the relocation of Seventh Street and Port View Park. It was recommended that the
Board authorize execution of a supplemental agreement to Jordan Woodman Dobson for
engineering design services for the additional work. It is proposed to increase the
$665,000.00 maximum compensation by $359,600.00, including an increase in the fixed fee
of $34,600.00, and to authorize the Executive Director to approve up to an additional
$90,000.00 for future changes in scope. The recommendation was approved on passage of
Building Permit Application, Reverend D. Alvin Gomer, International Maritime
Center, 4001 Seventh Street was the subject of a memo to the Board from the Chief
Engineer recommending approval for the construction of the new International Maritime
December 21, 1993
- 11 -
Center to replace the old Apostleship of the Sea, which was demolished to make room for
the development of Berth 30. The new facility will be composed of three prefabricated
buildings set on a new foundation. The estimated cost of the proposed work is $120,000.00.
The project is included in the environmental review for the Berth 30 project and is exempt
from further environmental reviews. The recommendation was approved on passage of
Resources recommended the appointment of Reyes Briones, as Procurement Analyst,
effective December 27, 1993, at $3,941.00 per month; and also recommended was approval
of the examination announcement for the position of "Port Senior Auditor." The
recommendations were approved on passage of Resolution No. 93597 for examination
announcement and Resolution No. 93598 for appointment.
Authorization to Sell Surplus E s uipment was the subject of a memo to the Board
from the Purchasing Manager notifying the Board that the staff has identified several
miscellaneous items which are obsolete and are no longer useful for Port operations. These
include motor engine parts, valves and paper handling equipment. It was recommended that
the Board declare the items as surplus and authorize their sale. The recommendation was
Election to Apply 1993 Internal Revenue Service Arbitrage Regulation to Port's Tax
Exempt Revenue Bond Issues was the subject of a memo to the Board from the Director
of Finance notifying the Board that the International Revenue Service has published final
arbitrage regulations effective for all bonds issued after June 30, 1993. The Port may elect
to have the 1993 Regulations apply to one or more series of its revenue bonds issued prior
to such effective date. Following an extensive review, the legal research has indicated that
the primary advantage to the Port under the 1993 Regulations would be the ability to apply
to the IRS for a refund of any overpayment of arbitrage rebate. Such refund is not
permitted under the existing regulations. It appears that an election to apply the 1993
December 21, 1993
- 12 -
Regulations to Series C would result in the refund to the Port by the IRS in 1999 of
approximately $95,000.00. Moneys received back from the IRS by the Port could be used
for any Port purpose. It was recommended that the Board adopt a Resolution electing to
place all outstanding Port revenue bond issues under the 1993 Regulations. The
vote:
Ayes:
Commissioners Cole, Ortiz, Vohs
and Second Vice President Kramer - 4
Noes:
None
Absent:
Commissioners Broussard, Loh and President Lockhart - 3
'RESOLUTIONS NO. 93581
APPROVING AND FIXING THE MONTHLY RENT PAYABLE BY THE
HERTZ CORPORATION CONCERNING LEASED PREMISES FOR THE
RENTAL CAR FACILITY."
TO EXTEND RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT
("EXTENSION AGREEMENT) WITH AIRBORNE FREIGHT CORPORATION."
"RESOLUTION
ION NO. 93583
APPROVING AND AUTHORIZING EXECUTION OF THAT CERTAIN
LICENSE AND CONCESSION AGREEMENT WITH AIRPAC AIRLINES, INC."
APPROVING PLANS AND SPECIFICATIONS FOR REMOVAL OF RUBBER
DEPOSITS FROM RUNWAYS FOR THE PERIOD COMMENCING MARCH
1, 1994 AND ENDING FEBRUARY 28, 1995, 1996 OR 1997, METROPOLITAN
AUTHORIZING SUBSTITUTION OF S I RUCTURAL STEEL AND
MISCELLANEOUS IRON WORK SUBCONTRACTOR FOR CONSTRUCTION
OF GATE 26A, STAGE I, TERMINAL II, BUILDING M-130, SOUTH FIELD,
CALIFORNIA."
December 21, 1993
- 13 -
FINDING AND DE'T'ERMINING THAT IT IS IN THE BEST INTEREST OF
THE PORT TO PROCURE CERTAIN SEATING FOR THE METROPOLITAN
OAKLAND INTERNATIONAL AIRPORT WITHOUT COMPETITIVE BIDDING
AND AUTHORIZING THE PURCHASE THEREOF."
THE PORT TO PROCURE MODULAR RESTROOM BUILDINGS WITHOUT
COMPETITIVE BIDDING AND AUTHORIZING THE PURCHASE THEREOF."
"RESOLUI ION NO. 93588
DETERMINING
ERMINING THAT THE NEED TO TAKE ACTION ON AGENDA ITEM
EM
AROSE SUBSEQUENT TO THE AGENDA BEING POSTED."
RATIFYING AND APPROVING EMERGENCY CONTRACT' ACTIONS TAKEN
TO DREDGE FEDERAL CHANNEL ADJACENT TO BERTH 30, SEVENTH
STREET 'TERMINAL."
"RESOLUTION
ION NO. 93590
LSA, INC. FOR PREPARATION OF ENVIRONMENTAL DOCUMENTS
CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES, AND
AUTHORIZING EXECUTION OF AGREEMENT."
AUTHORIZING EXECUTION OF SEVENTH SUPPLEMENTAL AGREEMENT
WITH NORSUL INTERNACIONAL SA."
AWARDING CONTRACT TO ACCUTITE ENVIRONMENTAL ENGINEERING,
FOR REPLACEMENT OF FUEL STORAGE TANKS CF-01 AND CF-02, BERTH
24, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE
PROVIDED IN CONNECTION THEREWITH; REJEC'ITNG ALL OTHER BIDS;
RAT IF YING AND APPROVING ISSUANCE OF CHANGE ORDER FOR
RAISING PACECO CRANE X-422 AND RELOCATING IT TO HOWARD
T ERMINAL, OAKLAND, CALIFORNIA, C.I.P. ITEM NO. M4.00443.02."
December 21, 1993
- 14 -
APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH
UNION PACIFIC RAILROAD COMPANY FOR UPGRADE OF AUTOMATIC
FLASHING LIGHT CROSSING SIGNALS AT FERRO STREET."
ERMINING THAT A PROPOSED SECOND
SUPPLEMENTAL AGREEMENT WITH JORDAN WOODMAN DOBSON, FOR
ENGINEERING DESIGN SERVICES CONSTITUTES PROFESSIONAL OR
SECOND SUPPLEMENTAL AGREEMENT."
GRANTING INTERNATIONAL MARITIME CENTER/BAY AREA
SEAFARERS SERVICE PERMISSION TO PERFORM CERTAIN WORK"
PORT SENIOR AUDITOR."
APPOINTING REYES BRIONES TO THE POSITION OF PROCUREMENT
ANALYST."
E,RMINING THAT CERTAIN SURPLUS EQUIPMENT
OWNED BY THE PORT IS NO LONGER REQUIRED FOR PORT USE AND
AUTHORIZING AND APPROVING ITS SALE AT PUBLIC AUCTION OR
PRIVATE SALE."
AUTHORIZING THE ELECTION TO APPLY CERTAIN INCOME TAX
REGULA'llONS OF THE UNI'l'ED STATES TREASURY DEPARTMENT
RETROACTIVELY TO PORT OF OAKLAND REVENUE BONDS, 1989 SERIES
A, 1989 SERIES B, 1989 SERIES C, 1990 SERIES D, 1992 SERIES E AND 1993
SERIES F, AND CERTAIN OTHER ACTIONS."
GRANTING PATRICK MEDIA GROUP, INC. PERMISSION TO PERFORM
CERTAIN WORK,"
December 21, 1993
- 15 -
CONVERT 'TERMINATION OF CONTRACT FOR THE AIRPORT SECURITY
SYSTEM, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL
AIRPORT, OAKLAND, CALIFORNIA TO TERMINATION EFFECTIVE FOR
THE CONVENIENCE OF THE PORT."
AUTHORIZING THE FILING OF AN UNLAWFUL DETAINER COMPLAINT
AGAINST OAKLAND AIRPORT HOTEL CORPORATION WITH RESPECT TO
LEASED PREMISES AT 455 HEGENBERGER."
RATIFYING AMENDMENT OF MEMORANDUM OF UNDERSTANDING
WITH INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
AFL-CIO, LOCAL 1245."
ORDINANCE NO. 867 FIXING THE COMPENSA 110N OF EMPLOYEES IN THE
PORT DEPARTMENT IN THE ENGINEERING SUPERVISOR/ADMINISTRATIVE
UNIT", and Port Ordinance No. 3186 being, "AN ORDINANCE AMENDING PORT
ORDINANCE NO. 867 TO RETI ILE THE POSITION OF MARITIME MARKETING
PROJECTS ASSISTANT - MARINE COMMERCIAL REPRESENTATIVE IV AND TO
ASSIGN THE POSITION OF PROCUREMENT ANALYST TO SALARY SCHEDULE
NO. 238.74", and Port Ordinance No. 3187 being, "AN ORDINANCE REPEALING THE
PORT OF OAKLAND'S SOUTH AFRICA DIVESTMENT ORDINANCE AND
RELATED RESOLUTIONS", were read a second time and passed by the following vote:
Ayes:
Commissioners Cole, Kramer, Vohs
Noes:
None
Absent:
Commissioner Broussard, Loh and Ortiz - 2
AUTHORIZING THE EXECUTION OF A LICENSE AND CONCESSION
AGREEMENT WITH AIRBORNE FREIGHT CORPORATION AND DIRECTING
RECORDATION THEREOF", and Port Ordinance No. December 21, 1993
- 16 -
being, "AN ORDINANCE
AMENDING PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF
FACILITIES AT MEI ROPOLII
AN OAKLAND INTERNATIONAL AIRPORT', were
read a first time and passed to print by the following vote:
Ayes:
Commissioners Cole, Ortiz, Vohs and
Second Vice President Kramer - 4
Noes:
None
Absent:
Commissioners Broussard, Loh and President Lockhart - 3
At the hour of 4:07 p.m., the Board enter into closed session as previous announced
by President Lockhart and reconvened in open session at the hour of 4:50 p.m at which time
the meeting was adjourned on a motion duly made and seconded.
December 21, 1993
- 17 -

The meeting, foinial portion, was held on Tuesday

Transcription

Similar documents

#104 300 Klahanie Drive • Port Moody

Proceeds go to support NJROTC scholarships and the Port

A Port Profile - Port Washington School

Port Operations

Lentune Norway

Port Operation

Koper Port of Slovenia

Portuary Activity

VX550 - Lpc Uk

The Suez Canal Area Development Project