Port of Oakland Board of Port Commissioners Meeting Agenda, January 23, 2014

J. CHRISTOPHER LYTLE

Executive Director

 

 

DANNY WAN

Port Attorney

 

 

ARNEL ATIENZA

Port Auditor

 

 

JOHN T. BETTERTON

Secretary of the Board

 

PORT OF OAKLAND

BOARD OF PORT COMMISSIONERS

530 Water Street i Oakland, California 94607

(510) 627-1696(w)i(510) 839-5104(f)iTDD/TTY  711

 

E-Mailboard@portoakland.com
Websitewww.portofoakland.com

 

AGENDA

CESTRA BUTNER
President
 
ALAN S. YEE

First Vice-President

 
EARL HAMLIN

Second Vice-President

 

MICHAEL COLBRUNO

Commissioner

 
JAMES W. HEAD

Commissioner

 

BRYAN R. PARKER

Commissioner

 

VICTOR UNO

Commissioner

 

 

 

 

Meeting of the Board of Port Commissioners

January 23, 2014 – 1:00 p.m.

Board Room – 2nd Floor

 

 

 

 

ROLL CALL

 

 

 

 

 

Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner.

 

 

 

 

1.  CLOSED SESSION

 

 

 

 

 

Closed Session discussions and materials may not be disclosed to a person not entitled to receive it, unless the Board authorizes disclosure of that confidential information.

 

 

 

 

1.1

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION  (Pursuant to Paragraph (1) of Subdivision (d) of California Code Section 54956.9):

 

 

 

 

 

Vicky Bliss and James Bliss v. Port of Oakland and Does 1 through 20, Inclusive; Alameda County Superior Court Case No. RG13667544

 

 

 

 

1.2

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION  (Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of California Government Code Section 54956.9 4 Matters

 

 

 

 

1.3

CONFERENCE WITH REAL PROPERTY NEGOTIATORS – (Pursuant to California Government Code Section 54956.8):

 

 

 

 

 

Property:

 Oakland Army Base

 

 

Negotiating Parties:

 Port of Oakland and Various Parties

 

 

Agency Negotiator:

Acting Director of Maritime, Jean Banker

 

 

Under Negotiation:

Price and Terms of Tenancy

 

 

 

 

             

 

 


 

Property:

Howard Terminal/Berths 67-68

 

 

Negotiating Parties:

Port of Oakland and Various Parties

 

 

Agency Negotiator:

Acting Director of Maritime, Jean Banker

 

 

Under Negotiation:

Price and Terms of Tenancy

 

 

 

 

 

1.4

PUBLIC EMPLOYEE APPOINTMENT– (Pursuant to California Government Code Section 54956.7).

 

 

 

 

 

 

Title:

Director of Maritime

 

 

 

 

 


ROLL CALL/OPEN SESSION (Approximately 3:00 p.m.)

 

 

Commissioner Colbruno, Commissioner Head, Commissioner Parker, Commissioner Uno, 2nd Vice-President Hamlin, 1st Vice President Yee and President Butner.

 

 

CLOSED SESSION REPORT

 

 

 

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

 

 

2.  CONSENT ITEMS

 

 

 

Action by the Board under “Consent Items” means that all matters listed below have been summarized and will be adopted by one motion and appropriate vote. Consent Items may be removed for further discussion by the Board at the request of any member of the Board.

 

 

2.1

Resolution:  Approval of Amended and Restated Port of Oakland IRC Section 125 Flexible Spending Plan and IRC Section 132 Commuter Reimbursement Plan (Finance/CAS)

 

 

2.2

Resolution:  Cancellation of Port Associate Engineer (Electrical & Mechanical Work) Eligible List  (Finance/CAS)

 

 

2.3

Ordinance:  Deletion of One (1) Position of Port Senior Auditor and the Addition of One (1) Position of Port Associate Auditor in the Office of Audit Services  to the Fiscal Year 2013-2014 Budget and Staffing Plan (Finance/CAS)

 

 

2.4

Resolution:  Approval of First Supplemental Consultant Service Agreement for ARCADIS, U.S., Inc., to Monitor Hazardous Materials During Development at the Oakland Army Base  (Environmental)

 

 

2.5

Resolution:  Authorization and Approval of the Retention of the Fenwick & West LLP Law Firm as Special Counsel in Connection with Employment Matters (Port Attorney)

 

 

         

 

 

2.6

Resolution:  Approval of Increase to Port Attorney Budget Authority for Special Litigation Defense Counsel Schnader Harrison Segal & Lewis in the Matter of CMC Food Services LLC and NNF Grewal, Inc. v. Port of Oakland, Alameda County Superior Court No.  RG13685134 (Port Attorney)

 

 

2.7

Ordinance:  Agreement with Everport Terminal Services, Inc., for approximately 15 acres of land at Berth 34, and up to an additional 29 acres of land at Berth 33 and 34, through June 30, 2018 (Maritime)

 

 

2.8

Resolution:  Building Permit Application:  Landmark Aviation – Repair of sewer lateral from Executive Terminal, 8633 Earhart Road (L-550) (Engineering)

 

 

2.9

Ordinance No.  4272,2nd Reading Of An Ordinance Amending Port Ordinance No. 867 To Create The New Classifications Of Director Of Communications And Principal Assistant To The Executive Director. 

 

 

2.10

Minutes:  Approval of the Minutes of the Special Meeting of December 2, 2013, Regular Meeting of December 12, 2013 and the Special Meeting of December 19, 2013. (Board Secretary)

 

 

2.11

Report:  Report of Appointments, Separations and Leaves of Absence for FY 2013-14 2nd Quarter (October 1, 2013 – December 31, 2013) (Finance/CAS)

 

 

3.  MAJOR PROJECTS

 

 

 

This segment of the meeting is reserved for action and discussions regarding the status of Major Projects and issues of special importance.

 

 

4.  BUDGET & FINANCE

 

 

 

This segment of the meeting is reserved for action or discussion regarding the status of Budget and Finance issues.

 

 

4.1

Report:  Unaudited Financials for 5 months ended November 30, 2013

 

 

5.  STRATEGY & POLICY

 

 

 

 

 

This segment of the meeting is reserved for action or discussion on Strategy and Policy Issues.

 

 

 

 

6.  REMAINING ACTION ITEMS

 

 

 

Remaining Action Items are items not previously addressed in this Agenda that may require staff presentation and/or discussion and information prior to action by the Board.

 

 

6.1

Resolution:  Authorization to Enter Into a Professional Services Agreement With Schneider Electric Buildings Americas, Inc. For Implementation of the Maritime Domain Awareness Enhancement Project  (Maritime)     

 

 

6.2

Resolution:  Authorization to Waive Delinquency Charges for Oakland International Container Terminal (Berths 57-59) and Ben E. Nutter Terminal (Berths 35-37) Associated with Late Payments for Contract Years ending 2012 and 2013, Respectively.  (Maritime)

 

 

6.3

Ordinance:  Approval of a 5% Increase to Target Rental Rates and Holdover Rental Rates for the Commercial Real Estate Division Portfolio of Properties   (CRE)

 

 

7.  UPDATES/ANNOUNCEMENTS

 

 

 

The President, Members of the Board and the Executive Director will report on noteworthy events occurring since the last Board Meeting.

 

 

8.  SCHEDULING

 

 

This segment of the meeting is reserved for scheduling items for future Agendas and/or scheduling Special Meetings

 

 

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 February 13, 2014.

 

 

PUBLIC PARTICIPATION

 

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 or immediately after conclusion of Closed Session.  Cards received after the start of the meeting will be treated as a single request to speak in Open Forum.  All speakers will be allotted a minimum of one minute.

 

To Receive Agendas & 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

 

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 Assistant Secretary of the Board no later than five working days prior to the scheduled meeting date.

 

    Daria Edgerly, Assistant Secretary of the Board

    530 Water Street, Oakland, CA 94607

    dedgerly@portoakland.com

    (510) 627-1337

 

Scented Products

 

Please refrain from wearing scented products to this meeting so attendees who experience chemical sensitivities may attend.

 

Commissioner’s Statement of Intention

 

We are a governing Board whose authority lies with the entirety of the Board.

 

We govern in accordance with our fiduciary duty to the Port of Oakland.

 

We conduct ourselves with clarity and transparency, grounded in the principles of integrity, trust and respect.

 

We reach our decisions through candid, open and deliberative debate and hold both staff and ourselves accountable for implementing them.

 

The January 24th Board Agenda has been supplemented with the resolutions and ordinances for this meeting.

 

To view a pdf of all of the Agenda Related Materials

Please visit our website at:  http://www.portofoakland.com/about/meetings.aspx?utm_source=redirect&utm_medium=old_site_request