Port of Oakland Board of Port Commissioners Meeting- February 13

 

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

February 13, 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):

 

 

 

 

 

CMC Food Services LLC and NNF Grewal, Inc., v. Port of Oakland, et al.; Alameda County Superior Court Case No.:  RG13685134   

 

 

 

 

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  3 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:

Director of Maritime, John Driscoll

 

 

Under Negotiation:

Price and Terms of Tenancy

 

 

 

 

             

 

 


 

Property:

Howard Terminal/Berths 67-68

 

 

Negotiating Parties:

Port of Oakland and Various Parties

 

 

Agency Negotiator:

Director of Maritime, John Driscoll

 

 

Under Negotiation:

Price and Terms of Tenancy

 

 

 

 

 

 

Property:

Berths 55-59

 

 

Negotiating Parties:

Port of Oakland, SSA Terminals LLC and SSA Terminals

(Oakland) LLC

 

 

Agency Negotiator:

Director of Maritime, John Driscoll

 

 

Under Negotiation:

Price and Terms of Tenancy

 

 

 

 

 

1.4

PUBLIC EMPLOYEE PERFORMANCE EVALUATION – (Pursuant to California Government Code Section 54957)

 

 

 

 

 

 

Title:

Port Attorney

 

 

 

 

 


ROLL CALL/OPEN SESSION (Approximately 3:30 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 Third Supplemental Agreement with Leidos, Inc. to Provide Environmental Consulting Services for the Port of Oakland in the Amount of $200,000 Earmarked for Cleanup of the Berth 57 Well UO1-8 Chlorinated Solvent Site (Environmental)

 

 

2.2

Resolution:  Amendment to Resolution No. 13-146 to add language finding that the Principal Assistant to the Executive Director and the Director of Communications Classifications are exempt from the civil service system.  (Finance/Administration)

 

 

2.3

Resolution:  Amendment to Resolution No. 13-146 to change the deletion date in the Fiscal Year 2013-2014 Budget and Staffing Plan for one (1) position of Port Labor Advisor from the close of business on January 31, 2014 to the close of business on June 30, 2014.   (Finance/Administration)

 

 

         

 

 

2.4

Minutes:  Approval of the Minutes of the Regular Meeting of January 23, 2014. (Board Secretary)

 

 

2.5

Ordinance No.  4273, 2nd Reading of an Ordinance Authorizing The Executive Director To Enter Into Various Temporary And Long Term Easements With The City Of Oakland At The Former Oakland Army Base.

 

 

2.6

Ordinance No.  4274, 2nd Reading of an Ordinance Amending Section 9 Of Port Ordinance No. 3634 Relating To Charges For Use Of Facilities At Oakland International Airport, North Field.

 

 

2.7

Ordinance No.  4275, 2nd Reading of an Ordinance Approving And Authorizing Five-Year Extensions Of 162 Existing Agreements With General Aviation Tenants At Oakland International Airport.

 

 

2.8

Ordinance No.  4276, 2nd  Reading of an Ordinance Approving The Non-Exclusive Preferential Assignment Agreements 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.

 

 

2.9

Ordinance No.  4277, 2nd Reading of an Ordinance Approving A 5% Increase To Target Rental Rates And Holdover Rents For Properties In The Commercial Real Estate Division Portfolio And Authorizing The Executive Director To Negotiate And Execute Agreements Or Adjust Existing Agreements.

 

 

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.

 

 

3.1

Report:  BART Connector Major Project Update (Aviation)

 

 

3.2

Report:  Oakland Army Base Major Project Update (Maritime)

 

 

3.3

Resolution:  Authorize an Exclusive Negotiating Agreement with Prologis and California Capital and Investment Group for the Redevelopment of the Former Oakland Army Base.  (Maritime)

 

 

4.  BUDGET & FINANCE

 

 

 

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

 

 

5.  STRATEGY & POLICY

 

 

 

 

 

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

 

 

 

 

 

 

5.1

Report:  PostCode Presentation On RecordTrac, A Code For America Project For the City Of Oakland’s Public Records Requests. (Board Secretary)

 

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

Ordinance:  Approval of a License and Concession Agreement with Transfer Case Express, Inc. for the Premises Located at 1285 Embarcadero Road, Oakland (CRE)

 

 

6.2

Ordinance:  Approval of a License & Concession Agreement with Hadal, Inc. for the Premises Located at 1363 Embarcadero Road (CRE)

 

 

6.3

Ordinance:  Approve Proposed Modification to the Air Service-Parking Promotion within Specified Parameters and Amend Port Ordinance 2613, As Amended (Aviation)

 

 

6.4

Resolution:  Rejection of All Proposals Received In Response to Request for Proposals (RFP) No. 13-14/06 for Lease of the Charles P. Howard Terminal (Berths 67-68) (Maritime)

 

 

6.5

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

 

 

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 27, 2014.

 


Supplemental Materials:

Item 3.3

Item 6.5

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.