Board Meeting Agenda
Tuesday, December 1, 2009 - 1:00 P.M. (Note Early Start Time for Closed Session Only)

Roll Call
Commissioner Batarse, Commissioner Calloway, Commissioner Gonzales, 2nd Vice-President Gordon, 1st Vice-President Head, Commissioner Katzoff, and President Uno.

Closed Session (1:00 P.M.)

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 2 matter(s)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8.

Property:		#1 Airport Drive, South Airport
Negotiating Parties:		Port of Oakland, Bay Area Rapid Transit
Agency Negotiator:		Deborah Ale-Flint, Acting Director of Aviation
Under Negotiation:		Terms and Conditions of the Development Agreement
Property:		Outer Harbor Terminals: Berths 20 through 24
Negotiating Parties:		Port of Oakland, Ports America Outer Harbor Terminals, LLC
Agency Negotiator:		James Kwon, Director of Maritime and relevant Port staff
Under Negotiation:		Price and Terms and Conditions of Lease
Property:		Berths 57-59
Negotiating Parties:		Port of Oakland, SSA Terminals, LLC
Agency Negotiator:		James Kwon, Director of Maritime and relevant Port staff
Under Negotiation:		Price and Terms and Conditions of Lease
Property:		Ben E. Nutter Terminal: Berths 35-38
Negotiating Parties:		Port of Oakland, Evergreen Marine Corporation
Agency Negotiator:		James Kwon, Director of Maritime and relevant Port staff
Under Negotiation:		Price and Terms and Conditions of Lease
Property:		Former Oakland Army Base – Port Owned Portion
Negotiating Parties:		Port of Oakland, AMB/CCG
Agency Negotiator:		James Kwon, Director of Maritime and relevant Port staff
Under Negotiation:		Price and Terms and Conditions of Lease
Property:		Total Terminals Inc., LLC
Negotiating Parties:		Port of Oakland and Total Terminals Inc., LLC
Agency Negotiator:		James Kwon, Director of Maritime
Under Negotiation:		Price and Terms of Payment

3. CONFERENCE WITH LABOR NEGOTIATORS

Agency Negotiator:		Austris Rungis
Employee Organizations:		Western Council of Engineers

Roll Call
Commissioner Batarse, Commissioner Calloway, Commissioner Gonzales, 2nd Vice-President Gordon, 1st Vice-President Head, Commissioner Katzoff, and President Uno.

Closed Session Report
The Port Attorney or Board Secretary will report on any final actions taken in Closed Session.

Resolution Authorizing A Third Amendment To The November 7, 2000 Settlement Agreement With The City Of San Leandro, Extending The Project Obligations Period For The Completion Of The Residential Sound Insulation Program.

First Reading Of An Ordinance Approving And Authorizing An Increase In The Fee For Airport Identification Badges And Establishing A Fee For Lost And/Or Unaccounted For Airport Identification Badges With Anticipated Additional Revenue Of Approximately $60,000. (Oakland International Airport)

Resolution Approving Amendment No. 1 To Space/Use Permit For Non-Exclusive In-Terminal Advertising Concession With Clear Channel Outdoor dba Clear Channel Airports With Guaranteed Revenue Of $8,600,000. (1 Airport Drive, South Airport)

Authorization To Enter Into Professional Services Agreement With URS Corporation In The Amount Of $480,000 To Provide Aviation Environmental Consulting Services For The Airport Perimeter Dike Improvement Project.

First Reading Of An Ordinance Authorizing The Executive Director To Execute A Development Agreement And An Use, Operation And Maintenance Agreement With The San Francisco Bay Area Rapid Transit District (“BART”) For The BART-Oakland International Airport Connector, An Automated Guideway Transit System, To Connect The Airport With BART’s Existing Regional Rail Transit System, In An Amount Not To Exceed An Additional $43,900,000 In Port Contribution.

Waiver of Standard Bidding and Authorization for Executive Director to Enter Into Information Technology Systems Licensing, Hardware, Maintenance and Support Agreements for an Amount Not To Exceed $316,000.

Extension Of Eligible List For Port Associate Environmental Scientist (Air Quality Specialty) From December 7, 2009 Through December 7, 2010. ($0)

Deletion Of One (1) Position Of Deputy Port Attorney V And The Addition Of One (1) Position Of Deputy Port Attorney IV In The Port Attorney’s Office. (Estimated Cost Savings of $53,200 For FY09-10; Annualized Cost Savings Of $43,100).

Enactment Of The Ordinances And Adoption Of The Resolutions Necessary To Set The Salaries And Certain Benefits For Port Of Oakland Employees In Units H, J And M. (Net Savings of $353,946).

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.

Firewood Cafe: I Airport Drive, Terminal 2, Building #M130. Tenant improvements in an existing space (E5) in Terminal 2, opposite Gate 23. The work includes installation of new flooring, bar, cabinetry, brick oven, service kitchen, lighting, signage, and furniture for the new cafe. Work also includes related plumbing, electrical and mechanical work. This project has been determined to be exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301. Valuation of work: $300,000.

Port America Outer Harbor (PAOH): 1425 Maritime Street, Berth 20-24. Demolition and removal of existing improvements at the entrance and exit gates currently in use at Berths 20-24. Work will include grading and paving to conform grades in these areas. The existing entrance and exit gate complexes will be abandoned when PAOH takes over the site on January 1, 2010. They are nearing completion of new entrance and exit gates approved under separate permit. The Board of Port Commissioners previously approved this project under the requirements of the California Environmental Quality Act through certification of the Final Initial Study/Mitigated Negative Declaration for the Reconstruction of Berth 22 Wharf and Reconfiguration of Adjacent Yards on January 21, 2003, Resolution No. 03013. The attached First Addendum to the IS/MND; considered by the Board on July 21, 2009, when it approved the permit for new entrance and exit gates with Resolution No. 09123, discussed the project within the context of current CEQA requirements and concluded that the project would not result in new or substantially greater impacts than identified in the existing IS/MND.. Valuation of work: $250,000.

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 scheduled for Tuesday, December 15, 2009 has been canceled. The Board will meet in a Special Meeting on Tuesday, December 8, 2009.