Board Meeting Agenda
Tuesday, April 6, 2010 - 2:00 P.M.
Board Room - 2nd Floor

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

Closed Session (2:00 - 4:00 P.M.)

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 8 matter(s)
2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of California Government Code Section 54956.9: 2 matter(s).
3. CONFRENCE WITH REAL PROPERTY NEGOTIATOR – As provided under California Government Code Section 54956.8:

Property:		Former Oakland Army Base and Adjacent Properties
Negotiating Parties:		Port of Oakland, AMB Properties and California Capital Group
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 20-24 Outer Harbor Terminal Facilities
Negotiating Parties:		Port of Oakland and Ports America Outer Harbor Terminals
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 25-26
Negotiating Parties:		Port of Oakland and International Transportation Service, Inc., (ITS)
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 30-33
Negotiating Parties:		Port of Oakland and TransPacific Container Service (TraPac)
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 33-37
Negotiating Parties:		Port of Oakland and Evergreen Marine Corporation (Taiwan) Ltd
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 55-56
Negotiating Parties:		Port of Oakland and Total Terminals, Inc, LLC (TTI)
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 57-59
Negotiating Parties:		Port of Oakland and SSA Terminals, LLC (SSAT)
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 60-63
Negotiating Parties:		Port of Oakland and Eagle Marine Services (APL Terminal)
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Berths 67-68
Negotiating Parties:		Port of Oakland and SSA Terminals, LLC (SSAT) (Howard Terminal)
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment
Property:		Joint Intermodal Terminals
Negotiating Parties:		Port of Oakland and Burlington Northern Santa Fe
Agency Negotiator:		Director of Maritime, James Kwon
Under Negotiation:		Price and Terms of Payment

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of California Government Code Section 54956.9
   SSA Terminals, LLC and SSA Terminals (Oakland, LLC) V. the City of Oakland, Acting by and Through its Board of Port Commissioners Docket No. 09-08
5. PUBLIC EMPLOYEE APPOINTMENT
    Title: Director of Aviation
6. EMPLOYEE PERFORMANCE EVALUATIONS
    Title: Executive Director, Port Attorney, Board Secretary & Port Auditor.

Roll Call (4:00 p.m.)
Commissioner Calloway, Commissioner Gonzales, 2nd Vice-President Gordon, 1st Vice-President Head, Commissioner Katzoff, Cmmissioner Lighty, 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
The President will report on noteworthy events occurring since the last Board Meeting.

Executive Director's Report
The Executive Director will report on noteworthy events occurring since the last Board Meeting.

Informational Report on an Industry Overview of Aviation for Strategic Planning Purposes.

Informational Report on an Industry Overview of Maritime for Strategic Planning Purposes.

Maritime Director’s Report on Current Activities

Monthly Update on FY 2009 -2010 Financial Results for Maritime Division

Monthly update on Wharfinger Operations

The Maritime Air Quality Improvement Plan (MAQIP) Monthly Update Status

Authorizing Disposal of Obsolete or Surplus Port Vehicles and Equipment by Public Auction, Dealer Auction, Recycling, or Donation to Non-Profit organizations with an Estimated Gross Revenue of $90,825

Resolution to Approve Amendment #1 to the Amended and Restated Memorandum of Agreement for Oakland Army Base Among the Port of Oakland, City of Oakland, and the Redevelopment Agency of the City of Oakland.

Approval of a Third Supplemental Agreement to Lease with DASL LLC to Provide Two 5 Year Options to Extend their Lease at the Premises Located at 101 Clay Street, Oakland, CA

Appointment of Director Aviation ($16,092 per month, plus fringe benefits)

Extension of the Eligible List for Port Electrician from May 15, 2010 through May 15, 2011. ($0)

Extension of the Eligible List for Senior Engineering Assistant from May 27, 2010 through May 27, 2011 ($0)

Authorization for Executive Director to enter into Third Supplemental Agreement with CorVel HealthCare Corporation, a wholly owned subsidiary of CorVel Corporation to Provide Workers’ Compensation Medical Bill Review Service and Utilization Review Service, for an amount not to exceed $150,000

Adoption of an Ordinance to Revise Port Ordinance No. 2832 to Allow Schools Meeting Certain Conditions to Occupy the Business Park.

(1) Approval of Draft Project Manual for Performing Emergency Spill Response and Handling Hazardous and Contaminated Materials at Port of Oakland Maritime and Aviation Construction Sites for the Period Commencing July 1, 2010 and Ending June 30, 2011, 2012, or 2013, Oakland, California; (2) Authorization for the Director of Environmental Programs & Planning 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 $500,000/year

Resolution Ratifying, Confirming, and Approving the Port’s Execution of an Oil Spill Response Equipment Grant Agreement with the California Department of Fish and Game and the Receipt of a Trailer Containing Oil Spill Containment and Clean-up Equipment Valued at $26,000 (Grant Agreement No. PO875063)

Approval of the First Supplemental Agreement to the Audit Contract with Macias Gini & O’Connell LLP and Kevin W. Harper, CPA to perform Audit Services.

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.

Ordinance No. 4123 Adopting of an Ordinance to Revise Port Ordinance No. 2832 to Allow Schools Meeting Certain Conditions to Occupy the Business Park.

TraPac, Inc. 2800 Seventh Street, Berth 30: Installation of 6 concrete pedestals with gate arm actuators. The work is in conjunction with the Port’s work to install new queue lanes for the terminal. The project has been determined to be Cat Ex. pursuant to CEQA Guidelines Section 15303 (e) & 15304 (8).

Update On Legislative Advocacy, Funding Status And Process For Reporting.

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 of the Board will be held on April 20, 2010 at 2:00 p.m. in the Board Room.