| Board of Port Commissioners |
Tuesday, July 21, 2009 - 3:00 P.M.
Commissioner Batarse, Commissioner Calloway, Commissioner Head, 2nd Vice-President Gordon, Commissioner Katzoff, and President Uno.
- CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 3 matter(s)
- CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54956.8.
Property: |
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#1 Airport Drive, South Airport |
Negotiating Parties |
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Port of Oakland, Bay Area Rapid Transit |
Agency Negotiator: |
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Steve Grossman, Director of Aviation |
Under Negotiation |
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Terms and Conditions of the Development Agreement |
- CONFERENCE WITH LABOR NEGOTIATORS
Property: |
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Austris Rungis |
Negotiating Parties |
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: IBEW Local 1245, IFPTE Local 21, SEIU Local 1021,
and Western Council of Engineers |
Commissioner Batarse, Commissioner Calloway, Commissioner Head, 2nd Vice-President Gordon, Commissioner Katzoff, and President Uno.
The Port Attorney or Board Secretary will report on any final actions taken in Closed Session.
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| E-1 |
A Resolution Declaring The Election Of Officers At The Board Meeting Of July 7, 2009. |
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| A-1 |
Approval To Amend Port Ordinance 4091 (Airport Rules And Regulations) Schedule A And Schedule B To Suspend Certain Vehicle Requirements Concerning Alternative Fuel And Revise The Vehicle Age Requirement For Taxis. |
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| C-1 |
Approval Of A Resolution Authorizing The Executive Director To Execute An Amendment To The Ferry Service Agreement With The City Of Alameda For A One Year Term, With A Cash Contribution Of $70,650.00. |
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July 16th Maritime Committee Report |
| M-1 |
Authorization For The Executive Director To Execute A Right Of Entry ("ROE") For A Duration Of 90 Days Followed By A Six-Month Term Exclusive Negotiating Agreement ("ENA") With Teichert Materials. |
| M-2 |
Authorization For The Executive Director To Execute A Six-Month Exclusive Negotiating Agreement ("ENA") With AMB/CCG For The Purpose Of Negotiating The Final Forms Of An Option Agreement And A Master Lease Agreement For A Portion Of The Former Oakland Army Base (“OAB”) And Other Lands That Comprise Approximately 168 Acres. |
| M-3 |
Authorization To Enter Into A Right Of Entry Agreement With The Metropolitan Transportation Commission/Bay Area Toll Authority. |
| M-4 |
Acknowledgement And Support Of Findings And Recommendations Of Beacon Economics As Stated In Comprehensive Truck Management Program Economic Impact Analysis Dated April 17, 2009. |
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July 7th Executive Committee Report |
| O-1 |
Approval To Enter Into A Third Supplemental Agreement With Nossaman, Guthner, Knox & Elliott, LLP, In The Amount Of $105,000 ($90,000 Plus $15,000 For Unforeseen Work And Expenses) For State Legislative Lobbying Services. |
| O-2 |
Approval To Enter Into A Second Supplemental Agreement With Lehman, Levi, Pappas & Sadler LLC, In The Amount Of $75,000 ($60,000 Plus $15,000 For Unforeseen Work And Expenses) For State Administrative Lobbying Services. |
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July 9th Audit, Budget and Finance Committee Report |
| O-3 |
Approval Of The Annual Operating And Capital Budgets For Fiscal Year Ending June 30, 2010. |
| O-4 |
Approval Of Resolution Granting Preliminary Authority To The Executive Director To Eliminate Certain Positions And To Layoff Certain Employees (Reduction Of Expenses In The Fiscal Year 2010 Operating Budget Of Approximately $8 Million). |
| O-5 |
Authorization To Renew And Amend The Letter Of Credit Agreement Relating To The Letter Of Credit In The Amount Of $8,000,000 Between The Board Of Port Commissioners Of The City Of Oakland (The "Port") And BNP Paribas With Beneficiary Ace American Insurance Company. |
| O-6 |
REVISED Approval Of Fourth Supplemental Agreements For Temporary Employment Agency Services With Plant Maintenance And 9008 Group, Inc., dba Act One Personnel For Temporary Employment Agency Services In An Amount Not To Exceed$240,136.49 $209,393.82. |
Meetings of July 7 2009. |
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. |
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Building Permits |
| S-1 |
APM Terminals (APMT): 1425 Maritime Street, Berth 22: Repair of damaged concrete wharf. The Board authorized the Executive Director to enter into an agreement to allow AMPT to do the work, subject to obtaining a building permit from the Port for the work. This project has been determined to be exempt from the requirements of the California Environmental Quality Act pursuant to Class 1, Sections 15301(b and d). Valuation of work: $400,000.
The following item is being added to the Agenda after the posting deadline. The Board will be asked to make a determination that the matter is urgent. Upon a determination 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 which came to the attention of the body after the Agenda was posted, and that the need to take immediate action is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent Special of Regular meeting, the Board will hear the following:
After the posting deadline for the July 21st Board meeting, it was determined that there would be no scheduled Board meetings for August and September 1st. Item S1a was scheduled to be heard at the September 1st meeting. Waiting until September 15th will delay construction and delay the start of operations for Ports America Outer Harbor Terminal. |
| S-1a |
Ports America Outer Harbor Terminal (PAOH): 1425 Maritime Street, Berth 20-24: Gate improvements. Valuation of work: $8,500,000.
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Ordinances For Second And Final Reading |
| S-2 |
Port Ordinance 4104: An Ordinance Approving And Authorizing The Execution Of Space Use Permits With Norcal Ufood, LLC, Gotham Foods Two, LLC, And Taste Inc. dba Vino Volo. |
| S-3 |
Port Ordinance 4105: An Ordinance Approving The Terms And Conditions And Authorizing The Execution Of An Airline Operating Agreement And Space/Use Permit With Concesionaria Vuela Compania De Aviacion, S.A. De C.V. dba Volaris (“Volaris”). |
| S-4 |
Port Ordinance 4106: An Ordinance Amending Port Ordinance No. 3634, As Amended, Relating To Landing And Tenant Terminal Space Rental Fees At Metropolitan Oakland International Airport. |
| S-5 |
Port Ordinance 4107: An Ordinance Amending Port Ordinance No. 867 To Add One Position Of Chief Financial Officer. |
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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.
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The next regular meeting will be held on Tuesday, September 15, 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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