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Board Meeting Agenda (Supplemental)
Tuesday, March 17, 2009 - 3:00 P.M.
Roll Call
Commissioner Batarse, Commissioner Calloway, Commissioner Head, 2nd Vice-President Gordon, Commissioner Katzoff, 1st Vice-President McClure, and President Uno.
Closed Session (3:00 P.M.)
  1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Pursuant to subdivision (a) of Section 54956.9.
    Theresa O’Guinn and Richmond Apande v. Port of Oakland
    Court of Appeal State of California, First Appellate District,
    Division Five, Case No. A121658
  2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.  Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:  4 matter(s)
  3. Conference With Real Property Negotiator. Government Code Section 54956.8.
    Property:
    Former Oakland Army Base and Adjacent Properties
    Negotiating Parties:
      Port of Oakland, Burlington Northern Santa Fe and Union Pacific
    Agency Negotiator:
    Director of Maritime, James Kwon
    Under Negotiation:
    Price and Terms of Payment
Open Session (4:30 p.m.)
Roll Call
Commissioner Batarse, Commissioner Calloway, Commissioner Head, 2nd Vice-President Gordon, Commissioner Katzoff, 1st Vice-President McClure, and President Uno.
Closed Session Report
The Port Attorney or Board Secretary will report on any final actions taken in Closed Session.
President's Report
Executive Director's Report
Aviation
A-1
Adoption Of An Ordinance Approving And Authorizing Execution Of A Lease With Jagpreet Enterprises, Inc., dba Sukhi’s Gourmet Indian Foods And Quick-N-Ezee Indian Foods In Building (M-111) At An Initial Monthly Rental Of $16,757 (50 Neil Armstrong Way).
A-2
Enhancement and Implementation of International Air Service Marketing Incentive Program and Authorization to Amend Airline Operating Agreements to Implement Fee Waivers.
A-3 (1) Approval Of Plans And Project Manual For The Reconstruction Of East Apron, Phase 3, Taxilane Sierra, And West Ramp, South Field, OIA; (2) Authorization For The Director Of Engineering To Approve Final Plans And Project Manual; And (3) Authorization For Executive Director To Award Contract To The Lowest Responsible Responsive Bidder, In An Amount Not To Exceed $15,000,000 And $28,000,000 For The Base Bid And Total Bid, Respectively, Based On Available Federal Funding.
  The Board will be asked to determine by a two-thirds vote of the members, or, if less than two-thirds of the members are present, a unanimous vote of those present, that there is a need to take immediate action, on Aviation Item A-4, and that the need for action came to the attention of the Port after the Agenda was posted.
A-4
Approval To Submit Application(S) For, And Take All Actions Necessary To Accept, Economic Recovery (ER) Grant Funds In The Amount Of Up To $15 Million (100% Federal Share) Through The Federal Aviation Administration (FAA) In Accordance With Requirements Outlined In “Stakeholder Guidance: American Recovery And Reinvestment Act (ARRA) Of 2009, March 3, 2009” To Supplement Airport Improvement Program (AIP) Funds For The East Apron Reconstruction Project, Phase 3 (EAP3) At Oakland International Airport (OAK), Including But Not Limited To Accepting FAA Grant Offer(S) Substantially In The Form Of AIP Grant Offer 47 With The Additions As Required By The ARRA.
Commercial Real Estate
March 4th Commercial Real Estate Committee Report
C-1 Approval Of An Amendment To An Existing License And Concessions Agreement With ZACCOR Companies, Inc., To Add Approximately 800 Square Feet Of Vacant Land Located Between 6th Avenue And 7th Avenue, In The Oak To Ninth Area.
C-2
Approval Of A Fourth Supplemental Agreement To The Lease Between The Port Of Oakland And Crown Castle, GT Company LLC, For A Cellular Communications Tower Located In The Outer Harbor Area.
Maritime
M-1
Comprehensive Truck Management Program (CTMP) Staff Update Report.
Operations
March 17th Executive Committee Report
Administration Committee
O-1 (1) Approval Of Draft Project Manual For Performing Emergency Spill Response Or Emergency Repairs In A Hazardous Environment For Port Of Oakland Facilities For The Period Commencing July 1, 2009 And Ending June 30, 2010, 2011, 2012, 2013 Or 2014; (2) Authorization For The Director Of Engineering To Approve Final Project Manual; And (3) Authorization For The Executive Director To Award Contract To The Lowest Responsible Responsive Bidder, In The Estimated Annual Amount Of $150,000.
O-2 (1) Approval Of Draft Project Manual For Removal And Disposal Of Hazardous Waste, Universal Waste, And Other Contaminated Materials For The Period Commencing July 1, 2009 And Ending June 30, 2010, 2011, 2012, 2013 Or 2014; (2) Authorization For The Director Of Engineering To Approve Final Project Manual; And (3) Authorization For The Executive Director To Award Contract To The Lowest Responsible Responsive Bidder, In The Estimated Annual Amount Of $300,000.
O-3
Federal Legislative Strategy and Economic Stimulus Package Staff Report.
March 12th Audit Budget and Finance Committee Report
O-4
Authorization To Re-Allocate Previously Approved Open Account Agreement Amounts For FY08-09, Reflecting A $1,325,000 Reduction For A Revised Aggregate Amount Not To Exceed $9,677,000.
Approval of the Minutes
Meeting of March 3, 2009.
Summary Items
Action by the Board under “Summary Items” means that all matters listed below have been summarized, and are considered to be perfunctory in nature, and will be adopted by one motion and appropriate vote. Summary Items may be removed from the summary for discussion at the pleasure of the Board.
Ordinances For Second And Final Reading
S-1 Port Ordinance No. 4089 First Reading Of Ordinance Approving The Terms And Conditions And Authorizing The Execution Of An Airline Operating Agreement And Ratification Of License And Concession Agreement With Airship Ventures, Inc. For The Greater Of $125.00 Per Day Or 1% Of Gross Passenger Proceeds {Vicinity Of Runway 33/Hangar 10 (7799 Earhart Road), North Airport}.
S-2 Port Ordinance No. 4090 First Reading Of An Ordinance Approving And Authorizing Execution Of An Amended And Restated Lease With Federal Express Corporation, Which Will Extend The Term Of The Existing Lease, Add 1.557± Acres To The Premises, And Result In A $9,374 Increase In Monthly Rental (#1 Sally Ride Way, South Airport).
S-3 Port Ordinance No. 4091 Approval Of Amending And Restating Port Ordinance 3549 (Airport Rules And Regulations) Including Amending And Restating Port Ordinance 3542 (Taxicab Operations) And Ordinance 3648 (All Other Ground Transportation Operations) To Increase Certain Ground Transportation Fees (Including Off-Airport Parking Fees), And To Amend Certain Other Provisions.
S-4 Port Ordinance No. 4092 Authorization For The Executive Director To Execute An Indenture Agreement For A Public Right Of Way Encroachment Permit For A Pedestrian Bridge And An Irrevocable Dedication Of A Public Service Easement For A Public Sidewalk Located In Jack London Square.
S-5
Port Ordinance No. 4093 Authorizing The Executive Director To Execute A Concession And Lease Agreement With Ports America Outer Harbor, LLC For The Use And Operation Of Berths 20 Through 24 In The Outer Harbor And To Make Certain Findings In Connection Therewith.
Open Forum
The Board will receive public comment on non-agenda items during this time. Please fill out a speaker card and present it to the Secretary of the Board.
Adjournment
The next regular meeting will be held on Tuesday, April 7, 2009 at 3:00 p.m.
Public Participation
Disability Related Modifications
Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the meeting, may submit a written request, electronic request, or telephone request [via the California Relay Service (telephone) for the hearing impaired at (800) 735-2922], to the Secretary of the Board no later than five working days prior to the scheduled meeting date.
John Betterton, Secretary of the Board
530 Water Street, Oakland, CA 94607
jbetterton@portoakland.com
(510) 627-1696
Language & Interpretive Services
As a grantee of federal aid grant funds from the US Department of Transportation, the Port is responsible for ensuring equal access to its programs, services, and benefits. To request bilingual interpreters or materials in alternate formats, please contact the Director of Social Responsibility no later than five working days prior to the scheduled meeting date.
Diann Castleberry, Director of Social Responsibility
530 Water Street, Oakland, CA 94607
dcastelberry@portoakland.com
(510) 627-1302
Scented Products
Please refrain from wearing scented products to this meeting so attendees who experience chemical sensitivities may attend.
To Speak on an Agenda Item
You may speak on any item appearing on the Agenda. Please fill out a Speaker’s Card and give it to the Board Secretary before the start of the meeting. All speakers will be allotted a minimum of one minute.
Agenda & Related Materials
Should you have questions or concerns regarding this Agenda, or wish to review any of the Agenda Related Materials, please contact the Board Secretary, John Betterton, at (510) 627-1696, or visit our web page at www.portofoakland.com
To receive Port Agendas and Agenda Related Materials by email, please email your request to jbetterton@portoakland.com
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