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 Subdivision (a) 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

1.2

CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION.  Significant Exposure to Litigation Pursuant to Subdivision (b) of California Government Code Section 54956.9: 3 matters

1.3

CONFERENCE WITH REAL PROPERTY NEGOTIATOR – As provided under California Government Code Section 54956.8:

Property:

Oakland Army Base

Negotiating Parties:

Port of Oakland and City of Oakland

Agency Negotiator:

Acting Director of Maritime, Jean Banker

Under Negotiation:

Price and Terms of Tenancy

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

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

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

Ordinance:  Proposed Fiscal Year 2014 Airline Landing Fee Rates and Terminal Space Rental Rates and Concession Fees for Airline Services Providers (Aviation)

2.2

Resolution:  Approval of Three Deferred Compensation Matters:

(A)  Approval to Add the 457 Roth and Loan Features

(B)  Approval of the Restatement of the Deferred Compensation Plan; and

(C)  Renewal of the Services Agreement for Plan Administration and Recordkeeping

       Services with Great-West Retirement Services for Three Years (Administration)

2.3

Resolution:  Authorization to Extend the Agreement with American Maritime Group for One Year for a  Maximum Compensation of $125,000 (Administration)

2.4

PULLED:  Building Permit Application:  Sprint, 1 Airport Drive – Upgrade of Telecommunication Equipment (Engineering)

2.5

Resolution:  Approve a Building Permit for Rolls Royce Engine Services (Engineering)

2.6

Ordinance:  Update the Engineering and Environmental Division Master Fee Schedule to Include the Administrative Appeal Fee Approved by the Board in 2012 (Engineering)

2.7

Resolution:  Dissolution of Oakland Maritime Management Services, LLC (Maritime)

2.8

Resolution:  Base salary adjustment of Director of Aviation, Deborah Ale Flint (Administration)

2.9

Ordinance No.  4233, 2nd Reading of an Ordinance Approving Various Space/Use Permits With Airline Services Providers Operating At Oakland International Airport.

2.10

Ordinance No.  4234, 2nd Reading of an Ordinance Approving The Terms And Conditions And Authorizing The Execution Of A Memorandum Of Agreement With The Transportation Security Administration To Provide Office Space For Operation Of A Lost And Abandoned Property Office.

2.11

Ordinance No.  4235, 2nd Reading of an Ordinance Approving And Authorizing Execution Of An Agreement To Extend Right-Of-Entry And Indemnity Agreement With ExxonMobil Oil Corporation (“EMOC”) Through June 30, 2018 Concerning Berths 23 And 24.

2.12

Ordinance No.  4236, 2nd Reading Of An Ordinance Approving And Authorizing Execution Of A Right Of Way Use Permit Agreement With AT&T Corporation For Property Located Near Bay Bridge Toll Plaza.

2.13

Ordinance No.  4237, 2nd Reading of an Ordinance Approving And Authorizing The Executive Director To Execute Grants Of Easement To The City Of Oakland (“City”) To Facilitate Rail Construction, Operations And Maintenance For The City And The Port Of Oakland (“Port”) At The Former Oakland Army Base

2.14

Ordinance No.  4238, 2^nd Reading of an Ordinance Authorizing The Executive Director To Enter  Into Space Assignment Agreements With Impact Transportation LLC, Industrial Railways Company, Pacific Coast Container And Port Transfer Inc. In The 800 Series Buildings On The Former Oakland Army Base (“OAB”) For A Minimum Term Of 30 Months.

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:  OAB Major Project Update (Maritime)

3.2

Ordinance: Lease with the City of Oakland for 5 acres of land on the former Oakland Army Base for City truck parking operations. (Maritime)

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 10 months ended April 30, 2013

4.2

Resolution:  Approval of the Annual Operating and Capital Budgets for Fiscal Year Ending June 30, 2014

4.3

Resolution:  Authority to Place a Pollution Legal Liability Insurance Policy for the Port of Oakland’s Portion Of The Former Oakland Army Base Arranged and Paid Through Alliant Insurance Services in an Amount Not to Exceed $300,000 for a 5 Year Term

5.  STRATEGY & POLICY

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

5.1

Report:  Overview of CRE Division Portfolio and Strategy (CRE)

5.2

Report:  Port of Oakland Strategic Plan Update – FY 2013-2014 Work Program.    Description:  Sr. Staff presentation of FY 2014 (Sinkoff)

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

Motion:  Request for Direction to Executive Director on Jack London Improvement District Ballot (CRE)

Urgency Item:  In accordance with the Port’s Rules for Public Participation referring to the City of Oakland Sunshine Ordinance, the following item may be added to the agenda upon a determination by a two-thirds vote by the Board of Port Commissioners present at the meeting, 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 Port 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 or regular meeting.

6.2

An Ordinance To Authorize The Executive Director To Execute Certain Lease Agreements And Amendments Relating To Berths 55-56 And Berths 57-59 And Berths 60-63 Necessary To Effectuate A Settlement Agreement In The Matter Of (1) SSA Terminals, LLC And SSA Terminals (Oakland), LLC V. The City Of Oakland, Acting By And Through Its Board Of Port Commissioners, Federal Maritime Commission Docket No. 09-08; And (2) City Of Oakland, Acting By And Through Its Board Of Port Commissioners, Plaintiff V. SSA Terminals, LLC, SSA Terminals (Oakland), LLC, Et Al., Defendants And SSA Terminals, LLC, SSA Terminals (Oakland), LLC, Et Al., Counterclaimants V. City Of Oakland, Acting By And Through Its Board Of Port Commissioners, Counter-Defendants, United States District Court For The Northern District Of California Case No. C11-01446 Should Such Settlement Be Approved After The Required Posting Of The Agenda.

A Resolution To Authorize The Executive Director To Execute Certain Assignment, And Termination Agreements Relating Berths 55-56 And Berths 60-63 Necessary To Effectuate A Settlement Agreement In The Matter Of (1) SSA Terminals, LLC And SSA Terminals (Oakland), LLC V. The City Of Oakland, Acting By And Through Its Board Of Port Commissioners, Federal Maritime Commission Docket No. 09-08; And (2) City Of Oakland, Acting By And Through Its Board Of Port Commissioners, Plaintiff V. SSA Terminals, LLC, SSA Terminals (Oakland), LLC, Et Al., Defendants And SSA Terminals, LLC, SSA Terminals (Oakland), LLC, Et Al., Counterclaimants V. City Of Oakland, Acting By And Through Its Board Of Port Commissioners, Counter-Defendants, United States District Court For The Northern District Of California Case No. C11-01446 Should Such Settlement Be Approved After The Required Posting Of The Agenda.

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 July 11, 2013 at 1:00 PM