REGULAR METING Cr THE BOARD OF ECM OZNAIISSIONERS OF 711E CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, January 5, 1988, at the hour of 4:25 p.m. in the office of the Board, Room 376, 66 Jack London Square, President Hunter presiding, due written notice having been given to members of the Board. Commissioners present: Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Commissioners absent: None Also present were the Executive Director; Deputy Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief Engineer; Assistant Chief Engineer; Director of Properties; Special Assistant to the Executive Director; Principal Electrical/Mechanical Engineer; Director of Public Affairs; and Secretary of the Board.
rt"=rel President Hunter welcomed Mr*. ThomasSweeney to the he was recently appointed and was attending his first meeting as a Port Commissioner. Ms. Earlie Mae Liggins, Relief Telephone Operator, received her 10 year service award. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing pending litigation involving: Oakland Airport Fill Litigation (People of the State of California, ex rel. John K. Van De Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and
iDOPAD OF PORT COMMISSiONZNS MEETING OF FEB 2 1988 AP; M: n ar.7 AS S 1B/TUVe?DERED FtLEC, Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEH) as provided for under Government Code §54946.9 (a); and pending litigation as provided for under Government Code §54956.9 (b) and (c); and to instruct negotiators concerning agreement with Oakland Portside Associates regarding Jack London Square development as covered under Government Code §54956.8. Hangar Lease with United Airlines Agreement with World Airways for George P. Miller Hangar was the subject of a memo to the Board from the Director of Aviation, notifying the Board that in April 1987, World Airways gave notice of intent to discontinue aircraft maintenance activity at the World Airways Maintenance Facility at Oakland Inter- national Airport and the Port began identifying potential candidates to lease the World Airways Maintenance Facility. The candidates who expressed interest in leasing the World Airways Maintanence Facility were Ramcor, Hamel and Hamel, Universal Air Center, Western McArthurs, and United Airlines. On November 30, 1987, the Port staff advised the Board that United Airlines had presented the most favorable proposal and requested approval from the Board to enter into exclusive negotiations with United Airlines to lease the World Airways Maintenance Facility. During the same period, Port staff continued its negotiations with World Airways to terminate World s leasehold interest in the maintenance facility. It was recommended that the Board approve a new lease with United Airlines for the maintenance facility. The size of the facility would be reduced from 59.5 acres to 39.3 acres. The term would be for ten years with two additional ten-year options. The minimum rent for the first five years of the term would be: for the first year, $1,293,000.00, second year, $1,494,000.00, third through fifth year, $1,782,000.00. The minimum rent is based on the proposed usage of the four bays during the start up period. If the use exceeds the assumed use, the minimum rent would be increased for that period to reflect the actual use of the facility.
January 5, 1988 - 2 - In addition to the a minimum rental, percentage rental, with credit for minimum rental paid for the period involved, would be: 4% of the first $50,000,000.00 of gross revenue; 2% of the next $20,000,000.00 of gross revenue; and 1% of the next $40,000,000.00 - $110,000,000.00 in gross revenue. Based on the rental value, the bonus value of the World leasehold was determined to be 13.5 million dollars. The bonus value will be shared 50/50 by World Airways and the Port. The lease with United Airlines will be subject to termination of the Port s agreement with World Airways. United Airlines has agreed to permit World Airways dispatch personnel to continue using approximately 1,500 sf of space at the facility for aircraft dispatch functions and vehicle parking for a period not to exceed nine months and provide 30 parking spaces for World Airways Bay Area based crews for a period of one year. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously, with the additional authorization for the Executive Director to approve an interim sublease between World Airways and United Airlines to allow United to use the facility as of January g , 19P8. Authority to Dispense with Formal Bids to Replace Carpet In Terminal II was the subject of a memo to the Board from the Chief Engineer, notifying the Board that approximately 750 square yards of carpet in the corridor between Gates 22 and 24 of Terminal II were damaged by water when a restroom fixture failed and caused an excessive amount of water to flow from the restroom floor on to the corridor. As the carpet was specifically milled for the new terminal and efforts to clean the carpet have not been satisfactory, it was recommended that the Board approve of dispensing with formal bidding procedures and procure the replacement carpet directly from the manufacturer. It is estimated that 1,000 square yards will be needed at a cost of approximately $25,000.00,
January 5, 1988 - 3 - with the cost to remove the damaged carpet and installation of the Port carpet at about $7,000.00. The recommendation was approved on passage of Resolution No. 30485. Building Permit Application, Jet Blast Fence, United Parcel Service, South Airport was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of a 600 ft. long by 20 ft. high metal jet blast fence which will be located on the apron next to Taxiway 2 on their leased premises at the South Airport. The project would also include removing the existing asphaltic concrete pavement, constructing a concrete foundation and installing the metal blast fence. The estimated cost of the proposed work is $185,000.00. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30486. License Agreement Renewal, H.M.S. Carpets was the subject of a memo to the Board from the Director of Aviation, recommending approval of a new agreement with Harold J. Slack dba H.M.S. Carpets covering Building L-160 at a new monthly rental of $1,267.20. The building is used for the sale, storage and installation of carpet. It was noted that the Port recently acquired the building as part of an Airport clear zone for Runway 27 Right. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously.
New License Agreement, Robert L. Shorter Construction Company,
Inc. was the subject of a memo to the Board from the Director of Properties, recommending approval to enter into a new agreement to cover approximately 10,848 sf of vacant unimproved land on Embarcadero at the foot of Diesel Street. The site would be used for the storage of maintenance and construction equipment. The rent would be $.04 per sf or $433.92 per month. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously.
January 5, 1988 - 4 Eight of Entry/Indemnity Agreement, City of Oakland was the subject of a memo to the Board from the Director of Properties, notifying the Board that the City of Oakland has asked the Port to allow Port Building No. P-323, at 1755 Embarcadero, to be used as an Emergency Winter Relief Shelter for Oakland s homeless. The center will be open from 9:30 p.m. until 7:00 a.m. on a daily basis and will be staffed by the Salvation Army. The facility would not be open for more than 60 days starting December 24, 1987. It was recommended that the Board approve a Right of Entry/Indemnity Agreement with the City for the use of the facility. The recommendation was approved on passage of Resolution No. 30476. Jack London Village Sublease, Dutch East Indies was the subject of a memo to the Board from the Director of Properties, recommending approval for Robert and Toete Taylor-Weber, dba Dutch East Indies, to open a new restaurant operation in space J2000 and a portion of 1-240. The Jack London Village master lease limits sublease space for restaurant and food-related operations to 25% of the total subleasable area. With approval, the total area for restaurant and food-related operations will be 20,274 sf or 33.7% of the 60,000 sf of subleasable area. It was noted that the Board has previously allowed extra area for restaurant operations. The recommendation was approved on passage of Resolution No. 30478. Award of Contract for Construction and Installation of Container Cranes at Seventh Street Public Container Terminal was the subject of a memo to the Board from the Chief Engineer, notifying the Board four proposals were received for the construction of the new cranes. It was recommended that the contract be awarded to the Kooks Crane and Marine Company, the low proposer, at $11,904,000.00 with the additive items of: off-site erection in lieu of on-site erection; provisions for future shore hoists; and man lifts. The recommendation was approved on passage of Resolution No. 30487.
January 5, 1988 - 5 - Ratification of Emergency Repairs to Building C-226, Outer Harbor was the subject of a memo to the Board from the Chief Engineer, recommending approval to ratify the actions of the Chief Engineer to make repairs to Building C-226, Outer Harbor. A portion of the roof structure sagged due to ponding of water and damage to portions of the wood roof structure and parts of the plumbing for the fire prevention system were experienced. The work is currently being done and the total is estimated to be approximately $45,000.00. The recommendation was approved on passage of Resolution No. 30488. Amendments to Terminal Use Agreement, Hanjin Container Lines, Ltd. and Korea Shipping Corporation was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that Hanjin Container Lines and Korea Shipping Corporation have recently announced a new joint container service on the Far East/U.S. routes to take effect in early January 1988. It would be the first step in the eventual complete merger of the two South Korean shipping lines. Both shipping lines will be able to offer direct container service to West Coast and East ports through their Joint Service Agreement through the space chartering of container slots on each other s vessels. Hanjin Container Lines has a Terminal Use Agreement in effect at the Outer Harbor Public Container Terminal and. Korea Shipping Corporation has a Terminal Use Agreement in effect at the Seventh Street Public Container Terminal. It was recom- mended that the Hanjin Use Agreement be amended to provide that Hanjin Container Lines cargo operations on Korea Shipping Company s vessels would receive the economic provisions of Hanjin Container Lines Terminal Use Agreement. The recommendation was approved on passage of Resolution No. 30489.
January 5, 1988 - 6 - Personnel Items contained in a memo to the Board from the Director of Administration, recommended the appointment of Franklin R. Lobedan, and Imelda T. Dazo, as Assistant Civil Engineers, effective January 6, 1988, at $2,928.00 per month; Jane A. Eusantos, Legal Secretary II, effective January 6, 1988, at $1,976.00; and Gayle J. Hayes-Sanchez, as Senior Secretary, effective January 6, 1988, at $1,967.00; Valentin R. Alonso, as Youth Aide, Class "B", effective January 6, 1988, at $9.63 per hour. Also recommended was the creation of one additional position of Marine Commercial Representative IV for use in the Cargo Marketing Department. The recommendations were approved on passage of Resolution No. 30479 for appointments; and on an ordinance passed to print for creation of position. Travel Authorization contained in a memo to the Board from the Director of Administration, recommended the travel of Mohamed F. Hakim, Assistant Electrical and Mechanical Engineer, to Burlington, Iowa, on or about January 4, 1988, to assist in the inspection and testing of certain switchaears; the travel of Clifford King, Supervising Transportation Planner, to Washington, D.C., during the period of January 9 - 16, 1988, to participate in the Transportation Research Board Annual Meeting; the travel of the Director of Strategic and Management Planning, to Washington, D.C., during the period January 10 - 14, 1988, to participate in the Transportation Research Board Annual Meeting; and the travel of the Executive Director, to Phoenix, Arizona, on or about January 20, 1988, to attend the Airport Operators Council International Board of Directors meeting. The recommendation was approved on passage of Resolution No. 30490.
January 5, 1988 - 7 - The following reports were noted and ordered filed Report of the Port Attorney on Litigation Matters. Status of Construction Contracts in Progress as of December 1987. Status of Consultant Contracts in Progress as of December 1987. Summary of Cash - Port Revenue and Construction Fund as of December 24, 1987. Summary of Claims Paid from Various Funds for the Period December 8, 1987 through December 24, 1987. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30476 RATIFYING EXECUTION OF RIGHT OF ENTRY/INDEMNITY AGREEMNT WITH THE CITY OF OAKLAND." "RESOLUTION NO. 30477 APPROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH GREAT ATLANTIC LOBSTER COMPANY." "RESOLUTION NO. 30478 CONSENTING TO SUBLEASE BY OAKLAND VILLAGE CORPORATION TO TOhih TAYLOR-WEBER AND ROBERT TAYLOR-WEBER DOING BUSINESS AS THE DUTCH EAST INDIES EXCURSION CD." "RESOLUTION NO. 30479 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30480 AUTHORIZING THE EXECUTION OF A SECOND SUPPLEMENTAL AGREEMENT WITH OAKLAND SPAGHETTI RESTAURANT, INC. AND DIRECTING RECORDATION THEREOF." "RESOLUTION NO. 30481 COMPROMISING AND SETTLING CROSS ACTION OF OAKLAND VILLAGE CORPORATION AND SPECIALTY RESTAURANTS CORPORATION AND AUTHORIZING EXECUTION OF STIPULATLD SETTLEMENT AGREEMENT."
January 5, 1988 - 8 - "RESOLUTION NO. 30482 RATIFYING AMENDMENT TO MEMORANDUM OF UNDERSTANDING (AIRPORT JANITORIAL PROGRAM) WITH UNITED PUBLIC EMPLOYEES LOCAL 790, AFL-CIO." "RESOLUTION NO. 30483
AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH BENCO, INC." "RESOLUTION NO. 30484 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30485 FINDING THAT AN EXTREME EMERGENCY EXISTS WHICH REQUIRES THE REPLACEMENT OF CARPETING IN TERMINAL II, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT WITHOUT COMPETITIVE BIDDING." "RESOLUTION NO. 30486 GRANTING UNITED PARCEL SERVICE PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30487
AWARDING CONTRACT TO ROCKS CRANE MARINE CO., FOR CONSIRUCTION AND INSTALLATION OF CONTAINER CRANES AT SEVENTH STREET PUBLIC CONTAINER TERMINAL, OAMAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RE.LURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 30488 RATIFYING AND CONFIRMING EMERGENCY REPAIRS TO BUILDING C-226, OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30489 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH HANJIN CONTAINER LINES, LTD." "RESOLUTION NO. 30490 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30491 APPROVING APPOINTMENT AND EMPLOYMENT OF SPECIAL COUNSEL."
January 5, 1988 - 9 - Port Ordinance No. 2795 being, "AN ORDINANCE AMENDING SECTION 21 OR PORT ORDINANCE NO. 1149 RELATING MD CHARGES FOR DELIVERY OF AVIATION FUEL AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT", was read a second time and passed by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 11.003 OF PORT ORDINANCE NO. 867 CREATING ONE ADDITIONAL POSITION OF MARINE COMMERCIAL REPRESENTATIVE IV", was read a first time and passed to print by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None At the hour of 4:29 p.m. the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 6:45 p.m. President Hunter informed the Board that Oakland Portside Associates has had their major partner, Salomon Brothers, depart from the Partnership, and a plan has been developed which would continue the project under the present timetable. As there remain many questions concerning the plan, the staff was authorized to meet with Portside and to report back at an adjourned meeting to be held on Thursday, January 7, 1988, on the proposed plan. At the hour of 6:46 p.m. the meeting was adjourned to 4:00 p.m. January 7, 1988.
January 5, 1988 - 10 - The meeting scheduled for Thursday, January 7, 1988, at the hour of 4:00 p.m. was adjourned by the Secretary of the Board to Friday, January 8, 1988 at the hour of 4:00 p.m. due to the absence of all the members of the Board.
The meeting reconvened on Friday, January 8, 1988, at the hour of 4:20 p.m. in the office of the Board, President Hunter presiding. Commissioners present: Eng, Higgins, Pineda, Sweeney, Wasserman, and President Hunter - 6 Commissioners absent: Ward Allen - 1 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief Engineer; Director of Aviation; Special Assistants to the Executive Director, Gerald Pope and George Watson; Director of Properties; Assistant
Director of Properties; Media Relations Representative; and Secretary of the Board. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose on instructing negotiators concerning Agreement with Oakland Portside Associates regarding Jack London Square Development as provided for under Government Code §54956.8 Termination of Lease Agreement with World Airways (George P. Miller Hangar) and Sublease with United Airlines was the subject of a memo to the Board from the Director of Aviation, notifying the Board that the hangar was leased to World Airways on May 1, 1973, for 40 years expiring on April 30, 2013. The minimum rent is approximately $40,570.00 a month which increases every year by $271.90 a month. This amount is compared with 2% of the gross sales over $19,000,000.00 and .5% of gross income in excess of $37,000,000.00. In addition to the monthly rental, World pays
January 7, 1988 January 8, 1988 - 11 - $8,377.59 per month to the Port to cover earlier deferred rental payments. The terms of the lease agreement state in part that World Airways must use the facility as an airline headquarters and/or a major maintenance facility. The terms of the lease further state that World Airways could not sublease or assign the facility without the consent of the Board of Port Commissioners and any rental increase resulting from the sublease or assignment would be shared with the Port. In April 1987, World Airways gave notice of intent to discontinue aircraft maintenance activity at the facility and in October, 1987 World Airways gave notice of intent to relocate the World Airways headquarters from Oakland International to Herndon, Virginia. World Airways expressed a desire to terminate the leasehold interest in the maintenance facility with the facility being appraised at $22,000,000.00. It was recommended that the Board authorize a preparation of a termination agreement with World Airways of it lease of the George P. Miller Hangar, effective January 31, 1988. The Port would rAnccriir,z 14714, property unencumbered of the lease by sharing on a 50/50 and a $14,000,000.00 bonus value estimate. The bonus value of the World Airways leasehold using United Airlines lease as the economic indicator, is estimated at $14,000,000.00. World Airways would be paid $7,000,000.00, less the amount of its note due the Port, approximately $1,000,000.00, less $500,000.00 for disputed maintenance repair items, less $430,312.00 due on facility repair contracts initiated by World Airways and still underway and assumed by the Port at lease termination, and less amount of rentals, utility fees, landing fees, etc., outstanding at the time of termination. World Airways will receive approximately $5.07 million with the termination agreement. It was noted that World Airways will execute an interim sublease agreement with United Airlines with the Port s approval until both new documents are prepared. The recommendation was approved on a motion by Commissioner Eng, seconded and passed unanimously; and on passage of Resolution No. 30492 approving the subtenancy of United Airlines.
January 8, 1988 - 12 - Mir. Chris Roberts, a "concerned Oakland citizen", appeared before the Board to express certain opinions about the proposed development of Jack London Square. The Board received his remarks without comment. The Board entered into closed session at the hour of 4:30 p.m. as previously announced by President Hunter with the notation that the proposed reconstruction of the Oakland Portside Association Partnership would be additionally discussed in open session. The Board convened in open session at the hour of 5:25 p.m. with Commissioner Ward Allen joining the meeting during the closed session. Proposed Agreement with Portside Properties for Phase I Jack London s Waterfront Development was the subject of a memo to the Board from the Executive Director, notifying the Board that alternatives for continuing with the Phase I Jack London s Waterfront development have been explored since receipt of Salomon Brothers announced intention to with- draw from the project. OPA is responsible for completing approximately half of the total Phase I project estimated at $92.1 million made up of the following elements: Port sponsored parking, public improvements, and current office renovation costing $36.0 million; Boatel expansion costing $8.3 million; Scott s expansions costing $1.4 million; and OPA improve- ments costing $46.4 million. Several alternatives considered were: reducing the project density and cost by completing those portions necessary to restore the area minimizing additional construction; and/or, seeking a new developer to immediatly take on the OPA project as designed; and another alternative would be for the Port to take on the $46.4 million OPA portion of the project. All of the alternatives explored had disadvantages to them and at the January 5, 1988, meeting, the Board noted the importance of maintaining the momentum and project schedule to complete the Phase I development on time. The Executive Director, was authorized to enter into negotiations with OPA in an attempt to realize the Phase I schedule in spite of Salomon Brothers announced intent to withdraw its financial support.
January 8, 1988 - 13 - After review, the current total project cost and status of the improve- ments are: For the Food Pavilion with a cost of $5.9 million, 30% complete working drawings, with construction to start April 1988; Water Street I Retail Building, at a cost of $1.6 million, 5% complete working drawings, with construction to start June 1988; Water Street II Retail/Office Building, with a cost of $12.5 million, 95% complete working drawings, with construction to start January 1988; Water Street III Retail Building, with a cost of $.8 million, schematic design, complete construction to start June 1988; and the Port Office/Retail Building, with a cost of $25.6 million, completed design development and foundation design, with construction to start March 1988. The Water Street II retail/office building on the Gallagher s block needs to start construction this month to accommodate a 15,000 sf tentative lease commitment by New York Life to occupy space this fall. In accordance with previous authorization, alternatives with CPA for maintaining the project momentum inr1nAing the Bankers Trust financing and the New York Life pre-lease courmithient have been explored. Using the exact same pro-forma calculations which were developed to justify the overall $92.1 million Phase I project, it has been estimated the return to the Port for assuming Salamon s $4.8 million equity responsibility with an 11-year cash flow analysis discounted at 10% resulting in a $9.7 million return on the Port s equity investment. Bankers Trust has issued a new $40 million financing commitment assuming the Port replaces Salomon. Salomon has confirmed that the Port can assume its position for $218,867.00. The Portside Properties partnership will be restructured with Raymond Gallagher selling his 16.7% interest to the remaining partners. Mr. Gallagher has closed Gallagher s restaurant located at the Waterfront s Broadway entrance, and Portside Properties has asked to include the restaurant in their leasehold package to control the full block. Mr. Gallagher has offered to sell his restaurant and leasehold interest for $700,000.00 to a Port/Portside Properties entity. To acquire Salanon s
January 8, 1988 - 14 - interest in the project the Port could create a public benefit corporation which would be capitalized to the extent of the Port s equity contri- bution plus necessary operational expenses. The Port would have to provide the $5 million additional credit enhancement for the secured portion of the Bankers Trust financing. In terms of cash contributions, it is proposed that the Port pay Salomon $218,867.00 leaving a remaining equity requirement of $4,586,383.00. Initially, Portside Properties would receive credit of $740,225.00 for the unreimbursed portion of the Salomon contribution to the project. Taking into account Portside s $520,372.00 expenditures to date and Salomon credit, their remaining equity require- ment would be $341,153.00 Future project expenditures would be by the Port until the equity accounts are in 75/25 balance and thereafter by the PB and Portside in that relationship. These amounts will be increased to consummate the Gallagher s restaurant leasehold acquisiton and to build- out the retail improvements in the Port s elevated garage. The Executive Director recommended in the memo that the Board approve and authorize an expenditure by the Executive Director not to exceed $50,000.00 for budgeted project design work and approve the Port proceeding to attempt to negotiate a partnership arrangement with Portside Properties to develop Jack London Square properties under existing agreements between the Port and Oakland Portside Associates. Commissioner Higgins moved approval and Commissioner Pineda seconded. Each Commissioner spoke to the issue with their appropriate vote. The majority expressed their opinion for the need to maintain a positive, on time project, creating all the rewards that were expressed in the original concept of development at Jack London Square. President Hunter expressed a No vote with the notation that he would prefer that the Port not be a developer and that other private developers be approached. The Port Attorney stated that he understood the pending motion was to authorize Port staff to negotiate with Portside Properties a partnership arrangement which would then be reviewed and
January 8, 1988 - 15 - considered by the Board. Commissioner Higgins incorporated the Port Attorney s understanding into his motion. The motion, as clarified by the Port Attorney, carried on the following vote: Ayes: Commissioners Eng, Higgins, Pineda■ Sweeney, Ward Allen and Wasserman Noes: President Hunter The Executive Director s expenditures were approved on passage of Resolution No. 30493. Foundation Permit Application, Oakland Portside Associates Retail/Office Ciraplex Water Street II was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of the foundation plans for the retail/office building complex in Jack London Square. The permit covers clearing the site of all obstructions including any buried utility lines and debris; subgrade compaction and preparation for filling; trench excavating and bedding for necessary pipelines; sheeting, shoring and bracing; and driving of precast, prestressed, concrete friction piles and installing grade beams and slabs. The estimated cost of the foundation for the complex is $357,000.00. The environmental document associated with the work has previously been considered by the Board. It was noted that a future permit will be required for any above grade structural or landscaping improvements. The permit was approved on passage of Resolution No. 30494. Mr. Paul Cobb, a "concerned Oakland citizen", appeared before the Board to ask certain questions concerning the proposed public benefit corporation and its participation in the project. As the issue is under study, any written questions would be responded to at a later date when the proposed public benefit corporation is considered. The following resolution was introduced and passed separately by the following vote:
January 8, 1988 - 16 - Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Wasserman and President Hunter - 6 Noes: None Absent: Commissioner Ward Allen - 1 "RESOLUTION NO. 30492 GRANTING CONSENT TO SUBLEASE BY WORLD AIRRAYS, INC." At the hour of 5:55 p.m. Commissioner Eng was excused from the meeting. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Higgins, Pineda, Sweeney, Ward Allen, and Wasserman - 5 Noes: President Hunter - 1 Absent: Ccumdssioner Eng - 1 "RESOLUTION NO. 30493 AUTBORIZING EXPENDITURES BY EXECUTIVE DIRECTOR FOR PROJECT DESIGN PURPOSES, PHASE I JACK LONDON SQUARE." "RESOLUTION NO. 30494 GRANTING FOUNDATION PERMIT TO OAKLAND PORTSIDE ASSOCIATES (GALLAGHER BLOCK LEASE)." Port Ordinance No. being, "AN ORDINANCE AMENDING CERTAIN SECTIONS OF PORT ORDINANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE PORT DEPARTMENT", and Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 1.03 OF PORT ORDINANCE NO. 867 RELATING TO THE EXECUTIVE DIRECTOR S ASSIGNMENT OF EMPLOYEES TO SALARY SCHEDULE RATES D , E AND F ", were read a first time and passed to print by the following vote: Ayes: Commissioners Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Noes: None Absent: Commissioners Eng - 1
January 8, 1988 - 17 - At the hour of 6:00 p.m. the meeting was adjourned on a motion duly made and seconded.
January 8, 1988 - 18 - REGULAR PIE:ETING ME WARD OF POEM CCIOUSSICNERS CF ME CITY (P OAKLAND
The regular meeting scheduled for Tuesday, January 19, 1988, at the hour of 4:00 p.m. was adjourned by the Secretary of the Board to Friday, January 22, 1988, at the hour of 10:00 a.m. in the office of the Board, Roan 376, 66 Jack London Square, due to the absence of all the members of the Board. The meeting, formal portion, was reconvened on Friday, January 22, 1988, at the hour of 10:10 a.m. in the office of the Board, Roan 376, 66 Jack London Square, First Vice President Eng presiding. Commissioners present: Higgins, Pineda, Ward Allen, Wasserman, and First Vice President Eng - 5 Commissioners absent: Sweeney and President Hunter - 2 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief Engineer; Director of Aviation; General Manager, Marine Terminals; Director of Properties; Director of Public Affairs; and Secretary of the Board. Visitors attending the meeting included Mr. Steve Edwards, representing Malrite Radio Stations. The minutes of the regular meeting of December 15, 1987, special meeting of December 17, 1987, the adjourned regular meeting of December 22, 1987, and the adjourned regular meeting of December 29, 1987, were approved as submitted and ordered filed. First Vice President Eng informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of instructing negotiators concerning agreement with Oakland Portside Associates regarding Jack London Square development as provided for under Government Code §54956.8; and pending litigation as provided for under Government Code §54956.9 (b) and (c). Authorization to Dispense with Bids for Inspection and Repair Work at George P. Miller Hangar was the subject of a memo to the Board from the Chief Engineer, notifying the Board that World Airways has terminated their lease of the George P. Miller Hangar effective January
31, 1988, and United Airlines will occupy the facility on February 4, 1988. As part of the termination agreement with World Airways, certain money to pay for needed repairs has been withheld from the Port s settlement payment to World. Certain repairs must be accomplished prior to commencement of United s operations, and others must be completed as soon as possible. In order to meet the schedule for United s occupancy, it was recommended that the Board find it to be in the best interest of the Port to dispense with formal bids and have the work performed by negotiated and time-and-materials contracts. The work includes: replacing a failed transformer estimated to cost $100,000.00; repair and relamping of the high bay lighting in the hangar estimated to cost $125,000.00; inspect and restore the 400-cycle aircraft ground power system estimated to cost $125,000.00; inspect, repair and restore the electrical ground-fault protection system estimated to cost $50,000.00; check operational condition, repair as necessary and test the building fire protection system estimated to cost $25,000.00; survey and inspect the other electrical and mechanical equipment and systems in the facility to determine any other needed repairs estimated to cost $125,000.00. The total estimated cost of the needed work is $550,000.00. The recom- mendation was approved on passage of Resolution No. 30495. Approval of Change Order for Connections to P.G. E Feeders, Construction of 12.47 KV Primary Loop Feeder System, Narth Airport was the subject of a memo to the Board frau the Chief Engineer, recommending approval to issue a change order to Rosendin Electric, Inc. to install new conduits and high voltage cables from the main airport substation to the new P.G. E. service vault. The work is part of the Port s contractual
Jannsry 22, 1988 - 2 agreement with P.G. E. for airport service. The cost of the change order is $17,163.00. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously.
Award of Contract for Construction of Water Main Extension on Airport Drive, Doolittle Drive, and Hegenberger Road was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the seven bids received and recommending award of the contract to W. H. Ebert Corporation, the low bidder, at $803,720.00. The recommendation was approved on passage of Resolution No. 30496. Supplement to License Agreement - Trans-Box Systems, Inc. was the subject of a memo to the Board from the Director of Aviation, recommending approval to add office/shop space and adjacent land area to their agreement covering space in Building L-633, North Airport, for a new total rental of $4,948.83. The space will be used in their air freight and air courier business. The recommendation was approved on a motion by
Commissioner Wasserman, secondd and passed unanimously. New License Arent, 74-1P Oakland "aid Blues Rugby Team was the subject of a memo to the Board from the Director of Aviation, recommending approval for the Rugby Team to use the old Raiders practice field and building for seven Saturdays from January to April, 1988, at a total rental of $2,275.00. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. The Executive Director reported on the progress of the Port s participation in the Oakland Portside Associates Partnership for develop- ment of Phase I, Jack London Square. The oral report noted that the agreement was moving forward and that the proposed lender, Bankers Trust, would be responding favorably within the next week. The information was noted and made part of the meeting s minutes.
January 22, 1988 - 3 Malrite of California, Inc., Proposed Lease was the subject of a memo to the Board from the Director of Properties, notifying the Board that the firm occupies space in the Port of Oakland building for studios and offices for its AM radio station, KNEW and its FM station, KSAN. In September 1987, Malrite gave the Port 6 months notice of its intent to cancel the lease effective March 1, 1988 and relocate to new offices in San Francisco. Malrite has since reconsidered and has proposed a new 10-year lease with the Port. It was recommended that the Board approve in principle a new 10-year lease. The basic terms would include: their present occupancy of 9,720 sf at $11,316.26 per month continued for the first 5 years of the lease. The rent would be adjusted 5 years following the effective date of the lease or on July 1, 1994, and again in 7-1/2 years following the effective date of the lease. The first 5-year adjustment would increase the rent to a $1.25 per sf or in accordance with the percentage change in the CPI with a cap of 7 percent per year, whichever is higher. The 7-1/2 year adjustment would be made in accordance with the percentage change in the CPI with a cap of 7 percent per year relative to the preceding 2-1/2 years. The Port would agree to provide custodial service and utilities to the station, as is now the case, through 1989, as long as Malrite provides the Port with the same $25,000.00 per year radio commercial credits, as it does now. Upon notice from the Port of its intention to vacate the Port building, Malrite would have a period of 6 months in which it would have an opportunity to exercise an option to add additional, space within the Port building directly adjoining its occupied space at the same per sf rental rate it is then paying for its existing space. Malrite would be provided with one-year free rent as an inducement to stay in the existing office space. The free rent would be equivalent to $135,795.00. The proposed lease would also contain the Port s standard provisions. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously.
January 22, 1988 Adoption of Resolution Approving Appraisal and Establishing Just Gompensation, and Authorizing an Offer to Acquire and Stating the Board s Intention to Commence Condannation Proceedings to Acquire Mardeco Leasehold was the subject of a memo to the Board from the Director of Properties, notifying the Board that the Board previously authorized the Executive Director to conclude the final terms of negotiations with Clyde R. Gibb, dba Mardeco, Inc., to terminate his lease with the Port, dated January 1, 1966. The termination agreement was based on a staff appraisal of market value and an independent consultant analysis of the market value provided by Mills-Carnegi-Bautovich, an M.A.I. appraisal firm. The leasehold premises consist of certain subleased enterprises and facilities directly managed by Mardeco. It was recommended that the Board adopt a resolution approving the staff appraisal, establishing just compensation, authorizing an offer and execution of an agreement in accordance there- with, and setting forth the Board s intention to proceed to condemnation in the event that Clyde R. Gibb, dba Mardeco, Inc, will not agree to sell the leasehold to the Port pursuant to the proposed written acquisition agreement. Mr. Gibb was given a written proposed "Agreement to Cancel Lease of Real Property" on November 16, 1987. The major provisions include: providing for the termination of the lease dated January 1, 1966; providing for the assignment of the restaurant sublease to the Port from Thunderbird Properties, Inc. Mardeco had previously assigned the restaurant sublease to Thunderbird; providing for Bills of Sale for the purchase of the personal property owned by Mardeco and Thunderbird; providing monetary consideration in the amount of $4,000,000.00 for the termination of the lease, assignment of restaurant sublease and sale of lessee s and Thunderbird s personal property to the Port; providing that existing subtenancies under the lease will continue to be effective; providing for waiver and release by lessee and Thunderbird of all rights, if any, to relocation benefits/payments, loss of goodwill, and other compensation; and providing the Port with Indemnification fram subtenant claims and environmental liabilities. The recommendation was approved on passage of Resolution No. 30497.
January 22, 1988 - 5 - FL Industries, Inc., Termination Agreement was the subject of a memo to the Board from the Director of Properties, notifying the Board of the previous authorization to make an offer to acquire the Midland Ross leasehold consisting of approximately 61,740 sf of Port property located at 8th Avenue and Embarcadero. Midland Ross had occupied the property under a 25-year ground lease which expires in 1997 with two 5-year options to extend the term. The property is improved with a 51,000 sf industrial building which was used for the lessee s steel processing and distribution business. FL Industries, Inc., successor to Midland Ross, has agreed to the acquisition of its leasehold interest in the amount previously approved by the Board. An environmental audit of the premises has been concluded and no further testing is required. It was recommended that the Board approve a termination agreement with FL Industries, Inc. The recommendation was approved on passage of Resolution No. 30516. Engineering Services for Cost Estimate of Tenant Improvements for Port Space in New Port Office Building, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Board previously approved a lease with Oakland Portside Associates for construction of a new office building to contain the Port offices, other tenants, and retail areas, and approved the selection of the architect to design the Tenant Improvements for the building areas to be occupied by the Port offices, and to prepare the construction plans and specifications for the work. It was recommended that the firm of Adamson Associates, an independent consultant, be retained to prepare the cost estimate for the work. The firm will be paid an hourly rate for personnel performing work, which shall include full compensation for all direct salaries, all fringe benefits, all general and administrative costs, and all other overhead costs and fee. The maximum payment authorized by the proposed agreement is $27,000.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30498.
January 22, 1988 - 6 Award of Contract, Construction of Yard Improvements, Petroleum and Ferry Streets, Cuter Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the eight bids received and recommending award of the contract to O.C. Jones Sons, the low bidder, at $622,864.00. The recommendation was approved on passage of Resolution No. 30499. Plans and Specifications, Construction of Berth 26 Wharf, Cuter Harbor was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the new wharf. The work consists of demolishing an existing timber pier, constructing a new concrete wharf and dredging Berth 26 for post panamax ships. The concrete wharf will have a reinforced concrete deck supported by prestressed concrete piles and will be approximately 484 feet long by 109 feet wide. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30500.
Plans arxl Specifications, D,liticn of Beildings C-103 and C-104, 7th Street Terminal was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the demolition of the Carnation Building and Carnation Silo. The work consists of demolishing the buildings, removal and disposAT of under- ground fuel tanks, removal of railroad tracks which served the building, and miscellaneous site work. The environmental document associated with the project has previously been considered by the Board. The recom- mendation was approved on passage of Resolution No. 30501. Pre-Authorization for Travel to Design, Fabrication, and
Manufacturing Sites, for Two Seventh Street Terminal Cranes was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the contract with Kooks Crane and Marine Company to design, construct and install two low profile container cranes at Seventh Street
January 22, 1988 - 7 Public Container Terminal. The design work is being done in Bremen, Germany, and the cranes are being fabricated in Korea. Certain mechanical and electrical equipment is being manufactured in Portland, Oregon; Cleveland, Ohio; and Roxboro, North Carolina. It was recommended that the Board pre-authorize the necessary travel of trips by Engineering Department personnel that are to be paid for by Kooks under the contract for the container cranes. The authority covers 16 visits to the design and fabrication sites and additional trips for the necessary visits to the manufacturing plants for the mechanical and electrical equipment. The recommendation was approved on passage of Resolution No. 30515. Engineering Services for Construction and Installation of Container Cranes at Seventh Street Public Container Terminal was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into agreements with four consultants to provide specialized engineering services in structural, mechanical, electrical power, and electrical control for the two new l ow cranes. The agreements cover Liftec Consultants, Inc. for structural work, at a maximum amount of $190,000.00; McKay International for mechanical work, at a maximum amount of $130,000.00; J.E.T. Technical Services for electrical control, at a maximum amount of $37,000.00; and Kennedy, Jenks, Chilton for electrical power work, at a maximum amount of $45,000.00. The compen- sation is based on published billing rates for personnel actually performing the work, plus reimbursable expenses. The agreements also contain provisions for additional work. The recommendation was approved on passage of Resolution No. 30502 for Liftec; Resolution No. 30503 for McKay International; Resolution No. for 30504 for J.E.T. Technical Services; and Resolution No. 30505 for Kennedy, Jenks, Chilton. Personnel Items contained in a memo to the Board from the Director of Administration, recommended the appointment of Carl Knecht, Jr., as Marine Commercial Representative V, effective January 25, 1988, at
January 22, 1988 - 8 - $3,950.00 per month; Larry S. Forte, Lorraine Li, and Richard J. Bentley, as Marine Commercial Representatives IV, effective January 25, 1988, at $3,387.00 per month; Paul Davis, as Port Equipment Service Worker, effective January 20, 1988, at $2,010.00 per month; Katri C. Jones, as Intermediate Typist Clerk, effective January 25, 1988, at $1,554.00 per month; Kimberley A. Linderme, as Youth Aide, Class "BB", effective January 20, 1988, at $10.95 per hour. Also recommended was a medical leave of absence for Hollis Frazier, Semi-skilled Laborer, for 42 working days; and the extension of appointment of Ben Betancourt, as Acting Airport Manager, for a period not to exceed 19 days, effective January 15, 1988. The recommendations were approved on passage of Resolution No. 30506 for leave of absence; and Resolution No. 30517 regarding appointments. Travel Authorization contained in a memo to the Board from the Director of Administration, recommended approval for the travel of the Director of Aviation, to Washington, D.C., on or about January 15, 1988, to meet with officials of the Airport Operators Council International Governmental Affairs Orynnit-rgw.; .Special Assistant for Trade Relations, to Washington, D.C., on or about January 24, 1988, to attend the Board of Directors Meeting of the National Defense Transportation Association; the Deputy Executive Director, to New York City, Washington, D.C., and Fort Lauderdale, Florida, during the period January 26 - February 4, 1988, to participate as a speaker at the Containerization Institute Conference in New York City, call on shipping line clients, meet with officials of various U.S. Government Agencies in Washington, D.C., and participate as a speaker at the American Association of Port Authorities Marketing and Public Relations Seminar in Fort Lauderdale; and the travel of Carl Knecht, Jr., Marine Commercial Representative IV, to Fort Lauderdale, during the period February 1-4, 1988, to participate as a speaker at the American Association of Port Authorities Marketing Public Relations Seminar. The recommendation was approved on passage of Resolution No. 30507.
January 22, 1988 - 9 - Liability Claims was the subject of a memo to the Board from the Director or Administration, recommending rejection of the following claims: Claim of Michael P. Norkett, in the sum of no less than $15,000.00, resulting from a trip and fall accident at Shenanigan s Restaurant in Jack London Village. Defense of the claim has been tendered to Speciality Restaurants Corporation, operator of the restaurant; Claim of LaRoyce Chew, in a sum not to exceed $500,000.00 for an alleged incident when he was unlawfully detained, assulted and battered by employees of Richardson Security Company, Inc., in Terminal II. Defense of the claim has been tendered to Richardson Security. Investigation reveals that the Board has breached no duty owed the Claimants and the claims were rejected on passage of Resolution No. 30508. Uncollectible Accounts was the subject of a letter to the Board from the from the Port Attorney, recommending authority to write off from the books of the Port, certain accounts which are deemed uncollectible.
The accounts represent claims for damage to Port property, rent, utilities, landing fees, concession fees, dockage and wharfage, and aircraft storage charges totaling $51,702.80. The recommendation was approved on passage of Resolution No. 30509. The following reports were noted and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of January 8, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the Month of December 1987. Accounts Receivable - 35 Days or More in Arrears as of January 21, 1888. Delinquent Accounts Referred to Legal Reported as of January 13, 1988. Summary of Claims Paid from Various Funds for the Period December 28, 1987 through January 8, 1988.
January 22, 1988 - 10 - The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Higgins, Pineda, Ward Allen, Wasserman and First Vice President Eng - 5 Noes: None Absent: Commissioner Sweeney and President Hunter - 2 "RESOLUTION NO. 30495 FINDING AND DETERMINING THAT IT IS IN BEST INTERESTS OF THE PORT TO PERFORM CERTAIN PUBLIC WORK WITHOUT COMPETITIVE BIDDING AND AUTHORIZING THE PERFORMANCE THEROF." "RESOLUTION NO. 30496 AWARDING CONTRACT TO W. H. EBERT CORP., FOR CONSTRUCTION OF WATER MAIN EXTENSION ON AIRPORT DRIVE, DOOLITTLE DRIVE, AND HEGENBERGER ROAD, OAKLAND CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THERWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 30497 APPROVING APPRAISAL OF THE FAIR MARKET VALUE OF THAT CERTAIN JANUARY 1, 1966, LEASE BETWEEN THE PORT AND MARDECO, INC. (AS AMENDED) TOGETHER NTTH CERTAIN RELATED PERSONAL PROPERTY, ESTABLISHING JUST COMPENSATION THEREFOR AND DIRECTING THE EXECUTIVE DIRECTOR TO MAKE AN OFFER TO ACQUIRE SAID PROPERTY." "RESOLUTION NO. 30498 FINDING AND DETERMINING THAT A PROFOSID AGREEMENT WITH ADAMSON ASSOCIATES FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL CR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30499 AWARDING CONTRACT TO O.C. JONES AND SONS, FOR CONSTRUCTION OF YARD IMPROVEMENTS, PETROLEUM AND FERRY STEETS, CUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 30500 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF BERTH 26 WHARF, OUTER HARBOR, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30501 APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITION CP BUILDINGS C-103 and C-104, SEVENTH STREET TERMINAL, OAKLAND, CALIFORNIA."
January 22, 1988 - 11 - "RESOLUTION NO. 30502 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH LIFTECH CONSULTANTS INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL CR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30503 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH MCKAY INTERNATIONAL FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30504 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH J.E.T. TECHNICAL SERVICES FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL CR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30505 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH KENNEDY, JENKS, CHILTON, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30506
RATIFYING GRANTING LEAVE OF ABSENCE OF HOLT,IS FRAZIER." "RESOLUTION NO. 30507 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30508 REJECTING CLAIMS OF (A) MICHAEL P. NORKETT; AND (B) EARCYCE CHEW." "RESOLUTION NO. 30509 FINDING CERTAIN ACCOUNTS RECEIVABLE TO BE UNCOLLECTIBLR AND AUTHORIZING AND DIRECTING THE DIRECTOR OF FISCAL AFFAIRS, PORT DEPARTMENT, TO WRITE OFF THE SAME FROM THE BOOKS OF THE PORT." "RESOLUTION NO. 30510 GRANTING NATIONAL AIRMYTIVE CORPORATION PERMISSION TO PERFORM CERTAIN WORK. "RESOLUTION NO. 30511 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30512 RATIFYING AND APPROVING APPOINTMENT AND EMPLOYMENT OF SPECIAL COUNSEL."
January 22, 1988 - 12 - "RESOLUTION NO. 30513 AUTHORIZING AND RATIFYING EXECUTION OF TERMINATION AGREEMENTS WITH WORLD AIRWAYS, INC. "RESOLUTION NO. 30514 DETERMINING THAT NEED TO TAKE ACTION AROSE SUBSEQUENT TO AGENDA BEING POSTED." "RESCLUTION NO. 30515 CONCERNING CERTAIN PREAUTHORIZED TRAVEL." "RESOLUTION NO. 30516 AUTHORIZING EXECUTION OF TERMINATION AGREEMENT WITH FL INDUSTRIES, INC. AS SUCCESSOR TO MRC ACQUISITION CORP. NO. 21." "RESOLUTION NO. 30517 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30518 RATIFYING AND APPROVING APPOINTMENT AND EMPLOYMENT OF SPECIAL COUNSEL." Port Ordinance No. 2794 being, "AN ORDINANCE AUTHORIZING THE EXECUTION OF A NONEXCLUSIVE PREFERENTIAL ASSIGNMENT AGREEMENT WITH MAERSK LINE PACIFIC, LTD.", and Port Ordinance No. 2796 being, "AN ORDINANCE AMENDING SECTION 11.003 OF PORT ORDINANCE NO. 867 CREATING ONE ADDITIONAL POSITION OF MARINE COMMERCIAL REPRESENTATIVE IV", and Port Ordinance No. 2797 being, "AN ORDINANCE AMENDING CERTAIN SECTIONS OF PORT ORDIANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE PORT DEPARTMENT", and Port Ordinance No. 2798 being, "AN ORDINANCE AMENDING SECTION 1.03 of PORT ORDINANCE NO. 867 RELATING TO THE EXECUTIVE DIRECTOR S ASSIGNMENT OF EMPLOYEES TO SALARY SCHEDULE RATES °D , E and °F°", were read a second time and passed by the following vote: Ayes: Commissioners Higgins, Pineda, Ward Allen, Wasserman and First Vice President Eng - 5 Noes: None Absent: Commissioner Sweeney and President Hunter - 2
January 22, 1988 - 13 - At the hour of 10:34 a.m. the Board entered into closed session as previously announced by First Vice President Eng and reconvened in open session at the hour of 11:25 a.m. The Board discussed their intention to hold a Commissioners Seminar on January 29 and 30, 1988 at the Claremeont Hotel. The purpose of the seminar would be to review the Port s growth plan and the implementation of the plan. The Board further asked that certain staff be available for questions and presentation of their proposals. At the hour of 11:30 a.m. the meeting was adjourned to January 29, 1988, at the hour of 12:00 noon at the Claremont Hotel, Ashby and Domingo Streets, Oakland, California.
The meeting, formal portion, was reconvened on Friday January 29, 1988, at the hour of 5:00 p.m. at the Claremont Hotel, Oakland, California, President Hunter presiding. An informal portion was held during the period from 12:00 noon to 4:50 p.m. during which time the Board convened for a Commissioners Seminar discussing: "Strategies for Growth"; "Financing Plan for Projects Identified in Stratigies for Growth"; and "Statement of Direction." Commissioners present: Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Commissioners absent: Eng - 1 Also present were the Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Director of Properties; Chief Engineer; Director of Fiscal Affairs; Director of Aviation; Director or Administration; Director of Public Affairs; Director of Strategic and Management Planning; Director of Management Planning; and Secretary of the Board.
January 22, 1988 January 29, 1988 - 14 - Visitors attending the meeting included Mr. Gil Berkeley and Mr. Thomas Holly, special counsel to the Board; and Mr. Paul Grabowicz of the Oakland Tribune. • President Hunter informed the Board that he would call for an immediate closed session for the purpose of instructing negotiators concerning agreement with Oakland Portside Associates regarding Jack London Square Development as provided for under Government Code S54956.8; and to discuss pending litigation as provided for under Government Code S54956.9 (b) and (c); and to discuss personnel matters as provided for under Government Code §54957. The Board entered into closed session at the hour of 5:01 p.m. and reconvened in open session at the hour of 6:40 p.m. The Executive Director informed the Board of the progress of the Port s entering into the Oakland Portside Associates Limited Partnership for development of land in the Phase I area of Jack London Square, and recommended that the Board approve of a bridge agreement which would allow for construction progress to proceed while the final documents are being completed. The recommendation was approved on passage of Resolution No. 30519. • The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Higgins, Pineda, Sweeney, Ward Allen and Wasserman - 5 Noes: President Hunter - 1 Absent: Commissioner Eng - 1 "RESCLUTION NO. 30519 MAKING CERTAIN FINDINGS AND DETERMINATIONS REGARDING APPRCNAL OF BRIDGE AGREEMENT WITH PORTSIDE PROPERTIES AND OTHER PARTIES WHICH PROVIDES FOR THE PORT S ENTERING INTO THE OAKLAND PORTSIDE ASSOCIATES LIMITED PARTNERSHIP FOR DEVELOPMENT OF LAND IN THE PHASE I AREA OF JACK LONDON SQUARE, AUTHORIZING EXECUTION OF THE BRIDGE AGREEMENT AND APPROVING CERTAIN MATTERS AND ACTIONS RELATED TO THE BRIDGE AGREEMENT."
January 29, 1988 - 15 - "RESOLUTION NO. 30520 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT OF Silt, A OFFICE BUILDING COMPLEX LEASE AND GALLAGHER S BLOCK LEASE TO PROVIDE FOR AUTOMOBILE PARKING ON A MONTHLY BASIS FOR NON-PORT OCCUPANT SUBTENANTS OF OFFICE SPACE." At the hour of 6:45 p.m. the meeting was adjourned to 9:00 a. in. Saturday, January 30, 1988, at the Claremeont Hotel, for the purpose of continuing the Commissioners Seminar.
The meeting, informal session, was reconvened on Saturday, January 30, 1988, at the hour of 9:00 a.m., at the Claremont Hotel, Oakland California, President Hunter presiding.
Commissioners present: Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Commissioners absent: Eng - 1 Alsopt were the Executive Director; Deputy Executive Director; Port Attorney; Director of Properties; Manager of Strategic and Management Planning; Chief Engineer; Director of Aviation; Director of Administration; Director of Management Planning; Director of Public Affairs; and Secretary of the Board. Visitors attending the meeting included Mr. Paul Grabowicz of the Oakland Tribune. The Board reconvened in a Commissioners Seminar format and discussed the organizational structure of the Port and the Board committee structure. The Board reached conclusion on several questions discussed and all of the questions would be reviewed after study and further staff recommendation.
January 29, 1988 January 30, 1988 - 16 - At the hour of 1:10 p.m. the meeting was adjourned with the notation that the next regular meeting of the Board would be held at the Oakland International Airport, Second Floor Conference Room, Tuesday, February 2, 1988, at the hour of 4:00 p.m.
January 30, 1988 - 17 - REGULAR MEETING OF THE BOARD OF PORT 03011SSICIVERS OF THE CITY OF OAKUM
The meeting, formal portion, was held on Tuesday, February 2, 1988, at the hour of 4:25 p.m. in the Second Floor Conference Room, of the Oakland International Airport, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:20 p.m. to 4:20 p.m., during which time the Board received a report on the development scheduled for Jack London Square. Commissioners present: Eng, Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Commissioners absent: Pineda - 1
Also present were the Executive Director; Port Attorney; Chief Engineer; Director of Properties; Director of Aviation; Director of Administration; Director of Public Affairs; Special Assistant to the Executive Director for Trade Relations; and Secretary of the Board. The minutes of the regular meeting of January 5, 1988, the adjourned regular meeting of January 7, 1988, and adjourned regular meeting of January 8, 1988, were approved as submitted and ordered filed. Clifford King, Supervising Transportation Planner, and Jose Vega, Airport Serviceman, received their 10-year service awards. President Hunter informed that Board that he would call for a closed session for the purpose of instructing negotiators concerning agreement with Oakland Portside Associates regarding Jack London Square development as provided for under Government Code S54956.8; to discuss pending litigation involving Oakland Airport fill litigation (People of the State of California, ex rel. John K. Van De Kamp, Attorney General of the State of California, and the California Regional Water Quality Control
30ARD OF PORT COMMISSIONERS
MEETING OF MAR 1 1988
APPROVED AS S ERED FILED
CE ET AR N Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al, and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEH) as provided for under Governnment Code §54956.9; and to discuss pending litigation under Government Code §54956.9 (b) and ((c); and to discuss personnel matters as provided for under Government Code §54957. Authority to Execute MOU Regarding and Obligate Funds for Preliminary Engineering Studies for the Airport Roadway Project was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the 1/2 cent sales tax transportation initiative approved by Alameda County voters in November 1986, included the Airport Roadway Project which includes upgrading 98th Avenue from Interstate 880 to the Airport Access Road, upgrading the Airport Access Road and Airport Drive from that point to the intersection of Airport Drive and the new air cargo road presently being constructed, and construction of a cross airport roadway from Airport Drive to Maitland Drive in Alameda, including an undercrossing of Taxiway 5. The project was estimated to cost $77,000,000.00 at the time it was presented to the voters, of which $60,000,000.00 is to come from the new sales tax revenue and the remainder from local agency contributions. Additional preliminary engineering will be required to provide adequate information upon which to base the fund
sharing for the local participation. It was r ecouun ended that the Board authorize a Memorandum of Understanding with the City of Oakland and the City of Alameda, obligating the Port to an expenditure not to exceed $50,000.000, for the purpose of jointly funding a consultant study to develop traffic, design and cost information for the Airport Roadway Project. The total cost of preliminary engineering work is $100,000.00, with the Alameda City Council and Harbor Bay committing to contributions totaling $50,000.00 for Alameda s share of the cost. The recommendation was approved on passage of Resolution No. 30533.
February 2, 1988 - 2 - Agreement for Consulting Services for Radiographic Inspection of Welded Piping Joints of the Hydrant Fueling System Adjacent to Bldg. M-141, South Aitpurt was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into an agreement with United States Testing Company to perform the testing on the welded steel joints. The firm will be paid at their standard rates not to excceed $23,000.00, with certain additional funding available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30534. Price Club - Exclusive Negotiations was the subject of a memo to the Board from the Director of Properties, notifying the Board that two proposals have been received to develop the 21.5 acre site on Oakport Street and Hassler Way in the Oakland Airport Business Park. Both proposals include the development of a retail cutprice center. After staff review, it was recommended that the Board authorize staff to enter into exclusive negotiations with the Price Company for a period of 90 days to develop the 21.5 acre site as a promotional retail center. At present their proposal includes a 120,000 sf PrieP Club building, a 1 00,000 sf Home Improvement Center, and parking for 1284 cars. During discussion, the Board noted that they were aware that the proposal was a major change in use for the area; as a possible conflict with downtown development; present tenants of the Park may be concerned; and the use may not be attractive to the area. All of the Board s concerns would be addressed during negotiations and any further subsequent action. The recommendation was approved on a motion by Commissioner Eng, seconded and passed unanimously. Contract Completion, Construction of Underground Parking Structure, Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Christensen Foster be extended 54 calendar days for Phase 3 work; 44 calendar days for Phase 4 work; and be accepted as complete as of July 15, 1987; liquidated
February 2, 1988 - 3 - damages in the sum of $1,800.00 be assessed; and the contractor paid $4,457,404.00. The reommuendation was approved on passage of Resolution No. 30526 for time extension; and Resolution No. 30527 for accepting work. Building Permit Application Harrison s Boat Center, Inc., 1311 Bnbarcadero was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of certain interior improvements to the building. The estimated cost of the proposed work is $50,000.00. The project is categorically exempt and an environmental impact report is not required. , The recommendation was approved on passage of Resolution No. 30535. Marine Trailers of California, License Concession Agreement was the subject of a memo to the Board from the Director of Properties, notifying the Board that the Robert Gorman Company, Inc. currently occupies 12,200 sf of warehouse space located at 101 Hegenberger Road, used for the assembly and wholesaling of small boat trailers. The company has been sold, and it was recommended that the Board approve a new agreement with Marine Trailers of California under the same terms and conditions. The new monthly rental rate would be $2,625.00. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Award of Contract, Modifications to Parking Lots 5, 7 and 9, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the four bids received and recommending award of the contract to Gallagher Burk, Inc., the low bidder, at $328,125.00, which includes Additive Alternate No. 1 dealing with signage. The recommendation was approved on passage of Resolution No. 30521.
February 2, 1988 - 4 - Taiwan Representative was the subject of a memo to the Board from the Executive Director, notifying the Board that Mr. Benson Van, the Port s Taiwan representative, has retired, and the Port s Director, Far East, has recommended the appointment of Mr. Henry C. Lai to the position. Mr. Lai is President of both San Yang Navigation and Great Ocean Shipping Companies based in Taipei. It was recommended that negotiations be concluded subject to a personal interview by Port representatives participating on the Far East trip in March. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Permit Application, American President Lines, Ltd., Installation of Container Crane, Berths 60-61, Middle Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, recommending approval for the installation of one C-10 Mitsubishi container crane at Berths 60 and 61. The crane will be electrically driven, with an overall height of 189°-6", and a capacity of 41 tons. Two additional and similar cranes will be installed in the near future. The estimated cost of the proposed container crane is $3,000,000.00. The installation is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30536. Personnel Items contained in a memo to the Board from the Director of Administration, recommended the appointment of Ben Betancourt, as Airport Manager, effective February 3, 1988, at $4,876.00 per month; Leroy E. Sandoval, as Painter, effective February 3, 1988, at $2,552.00 per month; Lisa M. Thierry, as Senior Account Clerk, effective February 3, 1988, at $2,194.00 per month; Elizabeth E. Donnerstag, as Youth Aide, Class "BB", effective February 3, 1988, at $10.95 per hour; Ericka M. Molette, Ivory A. Perkins, Delfonce Y. Waqia, LaShenda R. Prescott, Maricela Hernandez, Cindy L. Chin, Tanya J. Green, Sandra Toscano, Marche L. Godfrey, and Issac A. Davison, as Youth Aides, Class "D", High School
February 2, 1988 - 5 - Internship program, effective February 8, 1988, at $3.48 per hour. Also recommended was the creation of one additional position of Senior Drafting Technician; medical leave of absence for Chuck F. Eng, Youth Aide, Class "B", for 142 working days; and a medical leave of absence for Maria R. Angle, Intermediate Stenographer Clerk, for 39 working days. The recommendations were approved on passage of Resolution No. 30528 for appointments; Resolution No. 30529 for leaves of absence; and on an ordinance passed to print for creation of position. Travel Authorization contained in a memo to the Board from the Director of Administration, recommended the travel of John E. Nolan, Assistant Port Attorney, to Washington, D.C., on or about January 28, 1988, to meet with representatives of the Federal Maritime Commission; and the travel of the Director of Aviation and Imee Dazo, Assistant Civil Engineer, to Los Angeles and San Diego, California; Las Vegas, Nevada; and Phoenix, Arizona, on or about February 10, 1988, to meet with airport interior design, architecture, and facility maintenance staff. The recommendation was approved on passage of Resolution No. 30522. Ratification of One Year Memorandum of Understanding Between the Port of Cekland and Western Council of Engineers was the subject of a memo to the Board from the Director or Administration, recommending approval to ratify the agreement covering the period from July 1, 1987, through and including June 30, 1988. The recommendation was approved on passage of Resolution No. 30530. Approval of Amended Declaration of Intent to Issue Industrial Development Revenue Bonds to Provide Financing for the Acquisition, Construction, Improvement and Equipping of Certain Port-Related Projects was the subject of a memo to the Board from the Executive Director, notifying the Board of the "inducement resolution" which listed $198,763,000.00 of projects for which the Port could be reimbursed from
February 2, 1988 - 6 - proceeds of the upcoming bond issue. The Port has now acquired the World Airways hangar, and certain corrective items of deferred maintenance will be required. It was recommended that the inducement resolution be amended to list a total of $202,338,000.00 for projects for which reimbursement could be made. The increase is associated with the World Hangar improvements or maintenence. The recommendation was approved on passage of Resolution No. 30523. The following reports were noted and ordered filed Report of the Port Attorney on Litigation Matters. Status of Construction Contracts in Progress as of January 1988. Status of Consultant Contracts in Progress as of January 1988. Summary of Cash - Port Revenue and Construction Fund as of January 22, 1988. Summary of Claims Paid from Various Funds for the Period January 11, 1988, through January 22, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Noes: None Absent: Commissioner Pineda - 1 "RESOLUTION NO, 30521 AWARDING CONTRACT TO GALLAGHER BURK, INC., FOR MODIFICATIONS TO PARKING LOTS 5, 7 AND 9, JACK LONDON SQUARE, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 30522 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30523 AMENDED RESOLUTION DECLARING THE INTENT OF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAND, CALIFORNIA, TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO PROVIDE FINANCING FOR THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF CERTAIN PORT-RIMMED PROJtLTS, AS DESCRIBED HEREIN."
February 2, 1988 - 7 - "RESOLUTION NO. 30524 ACCEPTING THREE CLAIMS OF DAMAGE TO PRIVATE AUTOMOBILES AT THE SEVENTH STREET PUBLIC CONTAINER TERMINAL RESULTING FROM SPRAY PAINTING ACTIVITY BY THE PORT AT SAID TERMINAL AND AUTHORIZING PAYMENT THEREOF." "RESOLUTION NO. 30525 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH ROBERT MARTINEZ FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30526 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH CHRISTENSEN FOSTER." "RESOLUTION NO. 30527 ACCEPTING WORK PERFORMED BY CHRISTENSEN FOSTER AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30528 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30529 CONCERNING CERTAIN LEAVES OF ABSENCE." "RESOLUTION NO. 30530 RATIFYING MEMORANDUM OF UNDERSTANDING WITH WESTERN COUNCIL OF ENGINE-S.0 "RESOLUTION NO. 30531 GRANTING FEDERAL EXPRESS CORPORATION PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30532 GRANTING CAMMEBY S AIRPORT EXECUTIVE ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30533 AUTHORIZING EXECUTION OF MEMORANDUM OF UNDERSTANDING WITH CITY OF OAKLAND AND CITY OF ALAMEDA FOR AIRPORT ROADWAY PROJECT PRELIMINARY ENGINEERING STUDIES." "RESOLUTION NO. 30534 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH UNTIED STATES TESTING COMPANY, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT."
February 2, 1988 - 8 - "RESOLUTION NO. 30535 GRANTING HARRISON S BOAT CENTER, INC. PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30536 GRANTING AMERICAN PRESIDENT LINES PERMISSION TO PERFORM CERTAIN WORK." Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 8.0611 OF PORT ORDINANCE NO. 867 CREATING ONE ADDITIONAL POSITION OF SENIOR DRAFTING TECHNICIAN", was read a first time and passed to print on the following vote: Ayes: Commissioners Eng, Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Noes: None Absent: Commissioner Pineda - 1 At the hour of 4:46 p.m. the Board entered into closed session as previously stated by President Hunter and reconvened in open session at the hour of 5:30 p.m. at which time the meeting was adjourned on a motion duly made and seconded.
February 2, 1988 - 9 - RIMULAR. MEETING Cr THE MAIO Or PORT COWISSIONERS OF THE CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, February 16, 1988, at the hour of 4:30 p.m. in the office of the Board, Room 376, 66 Jack London Square, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:30 p.m. to 4:15 p.m. during which time the Board received a report on the Channel Improvement Projects, liability insurance coverage, and plans a proposed Far East trip. Commissioners present: Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman, and President Hunter - 7 Commissioners absent: None Also present were the Executive Director; Deputy Executive Director; Port Attorney; Chief Engineer; Director of Properties; Director or Administration; Director of Public Affairs; and Secretary of the Rnard. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of instructing negotiators concerning agreement with Oakland Portside Associates regarding Jack London Square development as provided for under Government Code 554956.8; pending litigation involving Oakland Airport fill litigation (People of the State of California, ex rel. John K. Van De Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. March, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEH) as provided for under Governnment Code 554956.9 (a); and for certain pending litigation as provided for under Government Code S54956.9 (b) and ((c).
OF MAR 1 1988 Reimbursement of Cost to Relocate Gift Shop and Lounge Facilities, Second Level Concourse Extension, Terminal I was the subject of a memo to the Board from the Director of Aviation, notifying the Board that the proposed second level five-gate extension of the boarding concourse will require the relocation of the gift shop and lounge facilities. Under the 15-year license concession agreement with Air Terminal Services, the Port shall reimburse any costs incurred by ATS upon presentation of invoices or other satisfactory evidence covering said costs for relocation. It was recommended that the Board approve of arrangements with Air Terminal Services for Port participation in the costs of relocating the gift shop and bar lounge facilities estimated to cost approximately $400,000.00. ATS will design and construct the exterior demissing walls and low partitions for their new areas. The recommendation was approved on passage of Resolution No. 30546. License Agreement Renewal, Weldon s Maintenance and Repair
Service was the subject of a memo to the Board from the Director of Aviation, recommending approval to renew their agreement for space at Building L-908, North Airport, at a new monthly rental of $2,871.03. The area is used for the maintenance of light aircraft and export of aircraft. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously.
New License Agreement, Sierra Pacific Airlines, Inc. was the subject of a memo to the Board from the Director of Aviation, notifying the Board that Sierra Pacific Airlines, Inc., is presently a sub-tenant of Aero Services International, Inc., occupying space at Building L-710, North Airport. The lease with Aero Services covering Bays "A" and "C" of Hangar 7 expired on January 31, 1988, and they will not seek to renew their lease. It was recommended that the Board approve of a new agreement with Sierra Pacific Airlines, Inc. for office, shop, hangar and apron space at Building L-710 at a new monthly rental of $2,503.15. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously.
February 16, 1988 - 2 - Revised Consulting Agreement with Piedmont Realty Advisors was the subject of a memo to the Board fran the Executive Director, notifying the Board of the existing agreement with the firm to provide real estate consulting services for Phase I Jack London Waterfront development, and that the contract was entered into prior to Salomon Brothers entrance and exit fran the Oakland Portside Associates partnership. The services with Piedmont are no longer appropriate to the current situation which involves the Port acting as a general partner in the OPA partnership. It was recommended that the existing contract be cancelled and a revised scope of services be developed. During discussion, the Board asked that the firm present their scope of services to the Board at the next meeting so that the Board and Piedmont Realty advisors agree on the Port s position in the new arrangement for development of Jack London Square. Specification for Contract to Grow Trees for Jack London Square Development was the subject of a memo to the Board from the Chief Engineer, recommending their approval and an authorization to advertise for bids. The program consists of purchasing, contract growing, anti delivering to the Port 65 trees of the London Plane variety. The trees furnished under the contract are part of the Jack London Square Phase I development and will be delivered in December 1988, June 1989, and September 1989. The recommendation was approved on passage of Resolution No. 30547. Approval to Solicit a Proposal from Korea Shipbuilding and Engineering for One Container Crane for Outer Harbor Terminal was the subject of a memo to the Board fran the Chief Engineer, notifying the Board that the Board previously dispensed with formal bids to acquire one container crane for the Outer Harbor Terminal and authorized the Executive Director to solicit proposels from eight manufacturers with the capa- bilities and experience required to construct the third generation crane. The crane will be constructed to meet the same operating criteria
February 16, 1988 - 3 as the two cranes recently constructed by Korea Shipbuilding and Engineering Corporation and are assigned to Maersk Lines. Maersk has stated their preference to have the third crane also constructed by KSEC. KSEC was not included on the list of prequalified manufacturers because it does not have in-house engineering capability and because of its current financial status. The requirement for in-house engineering capabilities could have been waived, since KSEC already has engineering plans approved for the crane. It appears that KSEC will be removed fran the court protection fran their creditors under a court approved reorganization plan. It was recommended that a proposal for the crane be solicited from KSEC with the provisions that their financial status is satisfactorily resolved. The recommendation was approved on passage of Resolution No. 30548. Authorization to Solicit Proposals for Sale of the Two Container Cranes Used by U.S. Lines was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the two Adamson-Alliance cranes formerly used by U.S. Lines at Middle Harbor Terminal which were purchased in 1973. The cranes are no longer needed by the Port and it was recom- mended that they be offered for sale with spare parts, for a period not to exceed 90 days, and that the Executive Director be authorized to receive proposals and sell for the best proposal received, but not less than the minimum appraised value, the two cranes and the spare parts. The recommendation was approved on passage of Resolution No. 30537. Amendment to Seventh Street Public Container Terminal Management Agreement with Marine Terminals Corporation was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board of the Management Agreement with Marine Terminals Corporation for the operation of Seventh Street Public Container terminal, and that the agreement was extended to September 30, 1987, along with a month-to-month holdover provision to allow more time to resolve several outstanding operational
February 16, 1988 - 4 - matters. A major operational consideration is the ability to add state-of-the-art container cranes which are scheduled for operation in
April 1989. In addition, MTC is analyzing alternative terminal improvements that will enhance the terminal efficiency and throughput. It was recommended that the present agreement be extended to June 30, 1989, when the operational capabilities of the terminal are more defined. A provision is included that allows the Port or MI C the right to seek a revision in the terms and conditions any time prior to June 30, 1989, upon prior written notice and subject to concluding any adjustments in compensation factors within five months from date of such written notice and failing agreement on adjustment, either party can give thirty days prior written notice of termination to the other party. The proposed agreement also includes provisions for reimbursement to the Port for modems purchased by the Port but no longer required to support the Marine Terminals Automated Management System project. The recommendation was approved on passage of Resolution No. 30538. Tariff Increase, Space Assignment Rates was the subject of a memo to the Board from the Deputy Executive Director, recommending approval to increase the following space assignment rates for land: Unpaved to $.05 per sf; Rocked without lighting and fence to $.065 per sf; Paved without lighting and fence to $.083 per sf; Rocked with lighting and fencing to $.078 per sg; and Paved with lighting and fencing to $.11 per sf. The recommendation was approved on an ordinance passed to print. Consultant Contract for Executive Search Services for Port Chief Financial Officer Position was the subject of a memo to the Board from the Director or Administration, recommending approval to retain the firm of Heidrick and Struggles to secure candidates for the Port s Chief Financial Officer position. The firm will be paid a fee not to exceed $24,000.00 plus reimbursement costs for travel, candidate meal costs, phone and communication costs, delivery and postage costs and research material costs at a fee not to exceed $3,000.00. During discussion, the Board
February 16, 1988 - 5 - requested that the job description be amended to provide for the Board s criteria and that the firm be advised of the Board s policies. The recommendation was approved on passage of Resolution No. 30549. Personnel Items contained in a memo to the Board from the Director of Administration recommended approval for the appointment of James Baker, as Chief of Field Party, effective March 7, 1988, at $3,182.00 per month; Cole D. Hunter, as Senior Programmer, effective February 22, 1988, at $3,138.00 per month; Cynthia Del Favero, as Legal Secretary I, effective February 18, 1988, at $1,716.00 per month; Michele Heffes, as Youth Aide, Class "AA", effective February 17, 1988, at $14.23 per hour; Misiona Pulu, as Youth Aide, Class "B", effective February 17, 1988, at $9.63 per hour; Pamela L. Smith, as Marine Statistics Clerk, effective Feruary 17, 1988, at $1,752.00 per month. Also recommended was a military leave of absence for Henry Melendres, Port Personnel Analyst, for 3 working days; and the amendment of appointment date for Leroy Sandoval, Painter, to reflect February 16, 1988, as his start date. The recommendations were approved on passage of Resolution No. 30539 for appointments; Resolution No. 30540 for amending appointment; and Resolution No. 30541 for leave of absence. Travel Authorization contained in a memo to the Board from the Director of Administration, recommended the travel of Commissioner Carole Ward Allen, to Washington, D.C., on or about February 18, 1988, to attend the Airport Operators Council International, Government Affairs Congressional Dinner Steering Committe Meeting; the Port Attorney, to Denver, Colorado, on or about February 18, 1987, to attend the Kutak Rock Campbell s Fundamentals of Public Finance Seminar; travel of Ray Boyle, Senior Traffic Representative and Traffic Analyst, to Savannah, Georgia, on or about March 15, 1988, to attend a meeting of the Transportation Data Coordinating Committee s Terminal Operator and Port Authority Sub-Committee; and the travel of George H. Watson, Special Assistant to the Executive Director,
February 16, 1988 - 6 to Tucson, Arizona, on or about March 15, 1988, to attend the Airport Operators Council International, Safety and Security Committee meeting. The recommendation was approved on passage of Resolution No. 30542. Authorization for Sale of Surplus Equipment was the subject of a memo to the Board from the Director or Administration, recommending approval to sell certain surplus motor vehicles and related equipment that are no longer usable by the Port. The recommendation was approved on passage of Resolution No. 30550. The following reports were noted and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of February 5, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the Month of January 1988. Invoices 35 Days or More in Arrears as of February 16, 1988. Delinquent Accounts Referred to Legal Reported as of February 9, 1988. Summary of Claims Paid from Various Fends for the rind -7T-,11,-y 25, 1988 through February 5, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30537 AUTHORIZING THE SALE OF SURPLUS CRANES AND SPARE PARTS." "RESOLUTION NO. 30538 AUTHORIZING EXECUTION OF SIXTH SUPPLEMENTAL AGREEMENT WITH MARINE TERMINALS CQRPORATION." "RESOLUTION NO. 30539 CONCERNING CERTAIN APPOINTMENTS."
February 16, 1988 - 7 - "RESOLUTION NO. 30540 AMENDING RESOLUTION NO. 30528 CONCERNING CERTAIN APPOINTMENTS."
"RESOLUTION NO. 30541 GRANTING MILITARY LEAVE OF ABSENCE TO HENRY MELENDRES, PORT PERSONNEL ANALYST." "RESOLUTION NO. 30542 CONCERNING CERTAIN TRAVEL" "RFSCLUTION NO. 30543 DENYING LEAVE TO PRESENT LATE CLAIM OF DANIEL ROBINSON." "RESOLUTION NO. 30544 AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH MCDANIEL SNEAD, INC." "RESOLUTION NO. 30545 REJECTING CLAIM OF JACQUELINE J. MARTIN." "RESCLUTION NO. 30546 AUTHORIZING REIMBURSEMENT OF RELOCATION COSTS OF AIR TERMINAL SERVICES, INC. AND RUDY LOMBARD." "RESOLUTION NO. 30547 APPROVING PLANS AND SPECIFICATIONS FOR CONTRACT TO GROW TREES FOR JACK LONDON SQUARE DEVELOPMENT, OAKLAND CALIFORNIA." "RESOLUTION NO. 30548
AMENDING RESOLUTION NO. 30460 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO CONTRACT FOR CONSTRUCTION AND INSTALLATION OF ONE CONTAINER CRANE AT OUTER HARBOR TERMINAL WITHOUT ADVERTISED COMPETITIVE BIDDING, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SOLICIT PROPOSALS FOR SUCH WORK FROM CERTAIN PREQUALIFIED FIRMS AND REPORT BACK TO THE BOARD." "RESOLUTION NO. 30549 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH HEIDRICK AND STRUGGLES, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30550 AUTHORIZING SALE OF SURPLUS PERSONAL PROPERTY."
February 16, 1988 - 8 - "RESOLUTION NO. 30551 GRANTING TRANS-BOX SYSTEMS, INC. PERMISSION TO PERFORM CERTAIN WORK." Port Ordinance No.2799 being, "AN ORDINANCE AMENDING SECTION 8.0611 OF PORT ORDINANCE NO. 867 CREATING ON ADDITIONAL POSITION OF SENIOR DRAFTING TECHNICIAN", was read a second time and passed by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None Port Ordinance No. being, "AN ORDINANCE ADDING SECTION 1.995 TO PORT ORDINANCE NO. 867 FIXING COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE PORT DEPARTMENT", and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 964 RELATING TO SPACE ASSIGNMENT RATES", were read a first time and passed to print on the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None At the hour of 5:13 p.m. the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 6:15 p.m. at which time the meeting was adjourned to Thursday, February 18, 1988, at the hour 1:30 p.m.
The meeting scheduled for Thursday, February 18, 1988, at the hour of 1:30 p.m. was adjourned by the Secretary of the Board to 3:00 p.m. Friday, February 19, 1988, due to the absence of all the members of the Board.
February 16, 1988 February 18, 1988 - 9 -
The meeting scheuled for Friday, February 19, 1988, at 3:00 p.m., was adjourned by the Secretary of the Board due to the absence of all the members of the Board.
February 19, 1988 - 10 - REGULAR MEETIM OF THE BaARD OF PORT CalMISSIGNERS
OF THE
CITY OF alIMAND
The meeting, formal portion, was held on Tuesday, March 1, 1988, at the hour of 5:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, First Vice President Eng presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 4:05 p.m. to 4:50 p.m. during which time the Board received and discussed a proposed schedule for issuing Bond Anticipation Notes to raise capital for the Port s improvement program. Commissioners present: Higgins, Ward Allen, Wasserman and First Vice President Eng - 4 Commissioners absent: Pineda, Sweeney and President Hunter - 3 Also present were the Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief Engineer; Assistant Chief Engineer; Principal Electrical Mechanical Engineer; Senior Commercial Representative; Special Assistant to the Executive Director for Trade
Relations; Director of Public Affairs; and Secretary of the Board. The minutes of the regular meeting of January 19, 1988, the adjourned regular meeting of January 22, 1988, the adjourned regular meeting of January 29, 1988, the adjourned regular meeting of January 30, 1988, the regular meeting of February 2, 1988, the regular meeting of February 16, 1988, the adjourned regular meeting of February 18, 1988, and the adjourned regular meeting of Februay 19, 1988 were approved as submitted and ordered filed. First Vice President Eng informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing pending litigation involving Oakland Airport fill litigation (People of the State of California, ex rel. John K. Van De Kamp, Attorney
„O. .0 OF PORT mi\17: 1 5 1g88 -:;OVED " : 1ED PLED General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al, and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEH) as provided for under Governnment Code §54956.9 (a); and to discuss pending litigation as provided for under under Government Code §54956.9 (b) and (c); and to instruct negotiators concerning agreement with Clorox Corporation re: the Clorox Jet Hangar as provided for under Government Code §54956.8. Consultant Agreement to Prepare an EIR/EIS on the Airport Master Plan Update for MIDIA was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into an agreement with Environ- mental Science Associates, to prepare an Environmental Impact Report/ Environmental Impact Statement to facilitate implementation of the Airport Master Plan. The firm will be compensated at their agreed rates for the time actually spent and be reimbursed for ex penses up to a total maximum compensation of $182,000.M0, with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution NO, 30552. Approval for Submittal of AIP-08 Preapplication to the Federal Aviation Administration was the subject of a memo to the Board from the Chief Engineer, recommending approval to submit the AIP-08 preapplication covering $3,000,000.00 in entitlement grant funds administered by the Federal Aviation Administration. The Port will use approximately $2.3 million to pay for a portion of the 5-gate holdroom extension to Building M-103. The use for the remaining $700,000.00 will be identified at a later date. The recommendation was approved on passage of Resolution No. 30553,
March 1, 1988 - 2 - Authorization to Amend Consultant Agreement for Pavement Evaluation was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Port has an existing $10,000.00 contract with Mr. Barney Vallerga to provide pavement consulting work for the Miller Aviation Center recently occupied by United Airlines. With United Airlines occupying the complex and their level of activity now known, it was recommended that the contract be amended to provide for the mechanical testing of the pavement and evaluation of the neccessary overlays to accommodate United s activity. Mr. Vallerga s compensation will be increased by $12,285.00 to a maximum of $22,285.00. The recommendation was approved on passage of Resolution No. 30554. New License Agreement, Marriott Corporation was the subject of a memo to the Board from the Director of Aviation, recommending approval to enter into a new agreement to cover several buildings at the North Airport at a new monthly rental of $4,324.55. The buildings are used for storage in conjunction with their in-flight catering operation. The recommen- dation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. New License Agreemnt, Southern Air Transport, Inc. was the subject of a memo to the Board from the Director of Aviation, recommending approval of a new agreement to cover storage space in the North Airport. At the request of Commissioner Wasserman, the item was held over to be reviewed by the Aviation Committee. New License Agreement, American Airlines was the subject of a memo to the Board from the Director of Aviation, recommending approval of a new agreement to cover office and paved parking space at Building L-825, North Airport, at a new monthly rental of $2,766.51. The space supports their activities as a commercial carrier at the airport. The reconnen- dation was approved on a motion by Commissioner Higgins, seconded and passed unanimously.
March 1, 1988 - 3 - Board Approval and Ratification of Port Participation in Oakland Portside Associates Partnership for Development of Phase I, Jack London Square, and Various Agreements and Actions Related Thereto was the subject of a memo to the Board from the Executive Director, notifying the Board of the previously approved Bridge Agreement among the the Port, Portside Properties, Salomon Brothers Real Estate Development Corp., and the PB-SB 1987 Investment Partnership VI, the proposed Amended and Restated Limited Partnership Agreement for Oakland Portside Associates, A California Limited Partnership, between the Port and Portside Properties and the proposed Bankers Trust Company Loan Commitment Letter to the Port and Portside Properties for $40 million financing for office and retail development in Phase I Jack London Square. All of the necessary documents have now been negotiated and signed. Other documents relating to the project where the Port is not a direct participant have also been negotiated and signed. It was recommended that the Board ratify and approve the execution and signing of the necessary documents and the expenditures made pursuant thereto; appoint as the Port s Partnership Committee members, the Executive Director and such other Port employees as designated from time to time in writing by the Executive Director; and approve and authorize the Port s appointed Committee members to vote on behalf of the Port in the Partnership Committee on Partnership activities which are consistent with the Partnership Development Budget and the Amended Partnership Agreement: The recommendation was approved on passage of Resolution No. 30555 ratifying and approving necessary documents; Resolution No. 30556 appointing Port members to the Partnership Committee; and Resolution No. 30557 approving Port appointed members to vote on matters of the Partnership agreement.
Revised Consulting Agreement with Piedmont Realty Advisors was the subject of a memo to the Board from the Executive Director, notifying the Board of the contract with Piedmont Realty Advisors to provide real
March 1, 1988 - 4 - estate consulting services for Phase I Jack London Waterfront development. As the Port is now a general partner in the project, it was recommended that the scope of services be revised to reflect the participation of the Port in the project as a general partner. Mr. Robert Zerbst, a principal in the firm, appeared before the Board to inform the Board of his firm s activities in advising and managing real estate investments. The Board asked that the item be continued for further study. Building Permit Application, Oakland Portside Associates Retail/Office Cumplex, Water Street II, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the previously approved conceptual design for the proposed Water Street II project, and of the Board s approval for the foundation plans. The building permit application has been received and the development guide- lines and associated EIR for the project should be amended to accurately reflect the final design. The Water Street II complex will be on the block bounded by EMbarcadero, Broadway, Washington and Water Street. The project will consist of the construction of an L-shaped, retail/restaurant/ office building complex containing approximately 87,750 sf of floor area. The complex will have structural metal framing, cast-in-place concrete, and built-up flat roofing. The northwest portion of the building will be four stories high and the southern portion facing Water Street will be two stories high. The ground level will contain both retail stores and a restaurant. The estimated cost of the proposed improvements is $4,600,000.00. It was recommended that the Board certify, review, and consider the Addendum to the December, 1984 Supplemental Final EIR; approve the proposed change in Jack London Square Development Guidelines regarding the height limitation of the proposed buiding; approve the building permit application; and authorize the Chief Engineer to approve the landscape plans when they are submitted to the Port. The recommen- ation was approved on passage of Resolution No. 30578.
March 1, 1988 - 5 - Foundation Permit Application, Oakland Portside Associates Port Office Building - Site "A" was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the previously approved schematic design plans for the proposed Port Office/Retail building on Site "A" and that foundation plans have been received for the building. The proposed work would consist of clearing the site of all obstructions; subgrade compaction and preparation for filling; trench excavating and bedding for necessary pipelines; sheeting and shoring and bracing as required; and driving pre-cast, pre-stressed, concrete friction piles and installing grade beams and slabs. The estimated cost of the proposed foundation is $550,000.00. It was recommended that the foundation plan be approved. The environmental document associated with the project has been previously considered by the Board. The recommendation was approved on passage of Resolution No. 30558. Oakland City Fair Sponsored by Oakland Community Organizations was the subject of a MEMO to the Board from the Director of Properties, notifying the Board of a request from the Oakland Community Organizations to hold a carnival in the Port s 22 acre site in the Business Park. It was recommended that the request be approved. The production team of Wild West Productions and Carnival Time Shows will provide insurance in the amount of $2,000,000.00 in liability coverage, and the rental rate for the two-week period will be $5,000.00. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Jack London Village, Sublease Amendftents was the subject of a memo to the Board from the Director of Properties, recommending approval of two separate Jack London Village sublease amendments. The Edge of the World sublease would be amended to grant one additional two year option to renew on the same terms and conditions as the original sublease, with the exception of the rent which would be renegotiated at the current fair market value at the time of the renewal. The Samuel s Gallery sublease
March 1, 1988 - 6 - would be amended to provide for an addition of 387 sf of space in Building F, space F-208C. The recommendation was approved on passage of Resolution
No. 30559. Engineering Services for Design of Shoreline Public Access, Washington Street to Broadway Jack London Square was the subject of a steno to the Board from the Chief Engineer, recommending approval to enter into an agreement with Ackland International, Inc., to design the shoreline from the Roosevelt Pier to Broadway including reconstruction of the wooden walkway along the estuary in front of the Boatel, floats for new guest berths, and a new observation finger pier at the foot of Washington Street. The firm will be reimbursed for the cost of direct salaries of personnel performing work on the project plus fringe benefits and overhead costs, direct reimbursable expenses, and direct costs of subconsultant services, plus a fixed fee of $5,600.00. The maximum payment under the agreement is $57,500.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30560. Amendment to Consultant Agreement Design of Parking Structure,
Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the existing agreement with Conrad Building System Inc., for the design of a parking structure on Lot 10, and that certain changes have occurred in the plans for the total project, and it has been determined that by modifying the design of the facade to blend better with the new office design, a substantial saving in the construction cost of the facade can be realized. It was recommended that the agreement be amended to increase their fee to $98,000.00 for the additional change- in-scope work. Included in the amendment would be the payment of 80% of the money being retained to date to be paid to Conrad for work already done and accepted by the Port. The recommendation was approved on passage of Resolution No, 30561.
March 1, 1988 - 7 - Plans and Specifications, Construction of San Antonio Fishing Pier was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the construction of a 2,000 sf steel-frame timber deck supported by concrete piles. The facility will have a fish cleaning table, benches and trash receptacles. The pier will be constructed on land leased to the State of California by the Port. The State of California Department of Fish and Game Wildlife Conservation Board will participate in the cost of the project with a matching grant not to exceed $200,000.00 under the State Parklands Fund of 1984. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30562. Paragon Restaurant Group, Inc. dba Hungry Hunter Restaurant,
Lease Amendment was the subject of a MEMO to the Board from the Director of Properties, notifying the Board that the Ralston Purina Company, the parent company of Paragon Restaurant Group, exercised their option to extend the lease for five years, effective October 1, 1988, through September 30, 1993. The new minimum rent would be $3,973.76 per month based on the value of land at $9.60 per sf. The restaurant also pays 3 1/2% of gross receipts above the minimum rent. It was recommended that the Board approve the exercise of the option to extend the lease term and adjust the minimum rent. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Approval of Addendum No 1. and Authorization to Advertise for Bids, Construction of Berth 26 Wharf, Outer Harbor was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Port is currently out to bid for the construction of the Berth 26 Wharf and that the Army Corps of Engineers has now allowed the use of a clamshell dredger as an alternate method to the specified centrifugally pumped method. As the additional procedure is more desirable, it was
March 1, 1988 - 8 - recommended that the Board approve the readvertisement of bids to be received on March 23, 1988, which would allow for the bidders to revise their bids. The recommendation was approved on passage of Resolution No. 30579. Substitution of Electrical Drive Supplier for the Contract for Construction and Installation of Container Cranes at Seventh Street Public Container Terminal was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Cutler-Hammer firm, producer of the drive system, has informed the Port and Kocks Crane and Marine Company, the contractor, that they cannot supply the drive systems until six months after they are needed by Kocks. Due to the time constraints of the project, it was recommended the Kocks be allowed to list ASEA as the supplier of the crane drive systems in lieu of Cutler-Hammer. It was noted that there would be no cost increase as a result of the switching of drive systems. The recommendation was approved on passage of Resolution No. 30563. Plans and Specification, Demolition of the Port-Owned End of Schnitzer Pier No. 2, Inner Harbor was the subject of a memo to the Board from the Chief Engineer, recommending their authority and approval to advertise for bids for the demolition of the Port-owned 354 foot portion of Schnitzer s Pier No. 2, as required to accommodate a 1,200-foot ship turning basin for the Inner Harbor Channel deepening project. The environmental document associated with the project has previously been considered by the Board. It was noted that the BCDC and Army Corps of Engineers permits have been applied for and will be issued before a contract is awarded. The recommendation was approved on passage of Resolution No. 30564.
Contract Completion, Redredging of Berth 7, Oakland Army Base was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Manson Construction and Engineering Company be accepted as complete as of January 18, 1988, with a contract price of $39,000.00. The recommendation was approved on passage of Resolution No. 30565.
March 1, 1988 - 9 - Permit Application, American President Lines, Ltd., Installation of Two Additional Container Cranes, Berths 60-61, Middle Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, recommending approval for the installation of two additional C-10 Mitsubishi container cranes. The two cranes will be electrically driven, have an overall height of 189 -6" and a capacity of 41 tons, and be operational in April 1988. The estimated cost of the proposed container cranes is $7,000,000.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30566. Approval of Change Order for Concrete Barrier Construction of Phase III Yard Improvements, Charles P. Howard Terminal was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to Gallagher Burk to modify the perimeter barrier to a CALTRANS Type 50 barrier for an amount not to exceed $42,000.00. The change would minimize future fence maintenance and potential accidents at the edge of pavement. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Award of Contract, Demolition of Buildings C-103 and C-104, Seventh Street Terminal (Former Carnation Building and Silos) was the subject of a memo to the Board from the from the Chief Engineer, notifying the Board of the five bids received and recommending award of the contract to Evans Brothers, Inc., the low bidder, at $1,194,900.00 for Bid Alternate B. Bid Alternate B requires the contractor to crush and leave on-site a minimum of 12,000 cubic yards of concrete rubble suitable for use on future Port projects. The recommendation was approved on passage of Resolution No. 30567. Comprehensive General Liability Insurance was the subject of a memo to the Board from the Director or Administration, notifying the Board that effective September 16, 1986, the Board of Port Commissioners
March 1, 1988 - 10 - approved a self-insurance program for the first $1 million dollars of liability exposure for non-airport operations. The decision was based on the costly premium quotations that had been received for replacement and renewal coverages at expiration of the policy previously in effect; the Port s claims history for the preceding ten year period; and an assessment of the Port s financial capacity to absorb loss. The insurance market has softened considerably since the earlier decision to self-insure and it is now possible to receive coverage at a reasonable rate. It was noted that as the Port s public areas become larger, the associated risks also become larger. After discussion, the Board asked that no change be made in the existing policy of self-insurance. The Board further noted that the staff report back every six months or sooner if major changes occur. Publication of Notice of Public Hearing Regarding Capital Projects to be Financed from Proceeds of Forthcoming Bond Issues Under TEFRA Requirements was the subject of a memo to the Board from the Executive Director, notifying the Board that the Tax Equity and Fiscal Responsibility Act of 1982 (7MEETZI) requires the publication of the listing of projects which may be financed with the proceeds of sale of tax exempt bonds and that a list of projects totalling $215,588,000.00 has been identified which may be financed from the proceeds of the proposed bond issues aggregating $150,000,000.00. It was recommended that the Board approve publishing the list of projects and set the date of the public hearing for 4:00 p.m. on March 18, 1988. The recommendation was approved on passage of Resolution No. 30577. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Daniel C. Westerlin, as Marine Commercial Representative IV, effective March 2, 1988, at $3,398.00 per month; Loretta C. Meyer, as Port Environmental Planner Associate, effective March 2, 1988, at $3,155.00 per month; Jay A. Bass and Robert Cathey, as Wharfinger, effective March 2, 1988, at $2,923.00 per month; Onetha Middleton, as Senior Typist Clerk, effective March 14, 1988, at $1,756.00 per month; and Patrick J. Taylor, as Youth
March 1, 1988 - 11 - Aide, Class "B", effective February 25, 1988, at $9.63 per hour. Also reconinended was the creation of classification of Principal Engineering Assistant for the Construction Division in the Engineering Department, and the approval of the class specifications for the position. Further recom- mended was the creation of position of one regular part-time position of Senior Engineering Assistant. Additionally reconinended was approval of a new appointment date of February 22, 1988, for Michele Heffes, Youth Aide, Class "AA". The recommendations were approved on passage of Resolution NO. 30568 for appointments; Resolution No. 30569 for job specifications; Resolution No. 30570 amending appointment date; and an ordinance passed to print for creation of classification and creation of position.
Travel Authorization contained in a memo to the Board from the Director of Administration recomcnended the travel of the General Manager, Marine Terminals Department, to Tacoma, Washington, Vancouver, B.C., and Portland, Oregon, on or about February 27, 1988, to meet with various steamship line clients and to attend the Executive Committee of the Western States Coalition for Effective U. S. Customs Service; the Deputy Executive Director, to Portland, Oregon, and Seattle, Washington, on or about March 2, 1988, to chair the Western States Coalition For Effective U.S. Customs Meeting, and to meet with various shipping line clients; the additional travel of the Deputy Executive Director to Washington, D.C., to meet with various officials of the American Association of Port Authorities, on March 14, 1988, and the Federal Maritime Comndssion on March 24, 1988, and to attend the AAPA Spring Conference on April 6, 1988; the travel of the Director of Aviation, to Washington, D.C., on or about March 14, 1988, to attend the Airport Operators Council International Governmental Affairs Conference; the Director of Strategic and Management Planning, to Miami, Florida, during the period March 15 - 20, 1988, to attend the American Association of Port Authorities Strategic Planning Seminar. The recommendation was approved on passage of Resolution No. 30571.
March 1, 1988 - 12 - Approval of Maintenance Agreement for Service and Maintenance of Port Phone System was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into an agreement with Tel Plus to perform the annual maintenance service contract for the Port phone system at their quoted price of $21,066.00. The recommendation was approved on passage of Resolution No. 30572. The following reports were noted and ordered filed Report of the Port Attorney on Litigation Matters. Status of Construction Contracts in Progress as of February 1988. Status of Consultant Contracts in Progress as of February 1988. Summary of Cash - Port Revenue and Construction Fund as of February 19, 1988. Summary of Claims Paid from Various Funds for the Period February 23, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Higgins, Ward Allen, Wasserman, and First Vice President Eng - 4 Noes: None Absent: Commissioners Pineda, Sweeney and President Hunter - 3 "RESOLUTION NO. 30552 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH ENVIRONMENTAL SCIENCE ASSOCIATES, INC., FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED AIRPORT MASTER PLAN/DEVELOPMENT PROGRAM FOR METROPOLITAN OAKLAND INTERNATIONAL AIRPORT CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 30553 AUTHORIZING THE EXECUTIVE DIRECDOR TO FILE PREAPPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION UNDER THE AIRPORT IMPROVE- MENT PROGRAM, AIP-08."
March 1, 1988 - 13 - "RESOLUTION NO. 30554 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH B. A. VALLERIGA, INC. "RESOLUTION NO. 30555
RATIFYING AND APPROVING EXECUTION AND SIGNING OF CERTAIN DOCUMENTS RELATING TO PORT S PARTNERSHIP INTEREST IN OAKLAND PORTSIDE ASSOCIATES, AND EXPENDITURE OF MONEY IN CONNECTION THEREWITH." "RESOLUTION NO. 30556 APPOINTING PORT MEMBERS TO EXECUTIVE COMMITTEE OF OAKLAND PORTSIDE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP." "RESOLUTION NO. 30557 APPROVING AND AUTHORIZING THE PORT-APPOINTED MEMBERS OF THE EXECUTIVE COMMITTEE OF OAKLAND PORTSIDE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, TO VOTE ON MATTERS WHICH ARE CONSISTENT WITH APPROVED PARTNERSHIP DEVELOPMENT BUDGET AND PARTNERSHIP AGREEMENT." "RESOLUTION NO. 30558 GRANTING FOUNDATION PERMIT TO OAKLAND PORTSIDE ASSOCIATES (SITE "A" JACK LONDON SQUARE)." "RESOLUTION NO. 30559 CONSENTING TO AMENDMENT OF SUBLEASES BY OAKLAND VILLAGE CORPORATION." "RESOLUTION NO. 30560 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH ACKLAND INTERNATIONAL, INC. FOR CONSULTING SERVICES CONSTTTOTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30561 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH CONRAD BUILDING SYSTEMS, INC." "RESOLUTION NO. 30562 APPROVING PLANS AND SPECIFICATIONS FOR CONSIVUCTION OF SAN ANTONIO FISHING PIER, OAKLAND, CALIFORNIA AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 30563 AMENDING AWARD OF CONTRACT TO KOCKS CRANE MARINE CO. FOR CONSTRUCTION AND INSTALLATION OF CONTAINER CRANES AT SEVENTH STREET PUBLIC CONTAINER TERMINAL, OAKLAND, CALIFORNIA."
March 1, 1988 - 14 - "RESOLUTION NO. 30564 APPROVING PLANS AND SPECIFICTIONS FOR DEMOLITION OF THE PORT" OWNED END OF SCHNITZER PIER NO. 2, INNER HARBOR, OAKLAND, CALIFORNIA, AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 30565 ACCEPTING WORK PERFORMED BY MANSON CONSTRUCTION AND ENGINEERING COMPANY, AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30566 GRANTING AMERICAN PRESIDENT LINES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30567 AWARDING CONTRACT TO EVANS BRCTHERS INC., FOR DEMOLITION OF BUILDINGS C-103 and C-104, SEVENTH STREET TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO HIDERS." "RESOLUTION NO. 30568 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30569 APPROVING JOB SPECIFICATIONS FOR THE POSITION OF PRINCIPAL ENGINEERING ASSISTANT." "RESOLUTION NO. 30570 AMENDING RESOLUTION NO. 30539 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30571 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30572 FINDING AND DETERMINING THAT A PROPOSED AGREEMERr WITH TEL PLUS, NORTHERN CALIFORNIA, INC. FOR SERVICE AND MAINTENANCE OF PORT PHONE SYSTEM CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 30573 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30574 GRANTING EARHART ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK.
March 1, 1988 - 15 - "RESOLUTION NO. 30575 AUTHORIZING TERMINATION OF LICENSE AGREEMENT WITH BMC CORPORATION." "RESOLUTION NO. 30576 APPROVING AND AUTHORIZING EXECUTION OF SECOND SUPPLEMENTAL AGREEMENT WITH MARINE INSPECTION SERVICES." "RESOLUTION NO. 30577 AUTHORIZING THE PUBLICATION OF NOTICE OF A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982 mmuo REDARDING THE ISSUANCE OF BOND ANTICIPATION NOTES TO BE ISSUED IN ANTICIPATION NOTES TO BE ISSUED IN ANTICIPATION OF A SUBSEQUENT ISSUE OF PORT OF OAKLAND 1957 REVENUE BONDS SERIES "S" IN AN AGGREDATE PRINCIPAL AMOUNT NOT TO EXCEED $150,000,000.00." "RESOLUTION NO. 30578 CERTIFYING REVIEW AND CONSIDERATION OF ADDENDUM TO THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT REPORT CENTRAL AREA PROJECT, IN MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, APPROVING CERTAIN EXCEPTIONS TO THE JACK LONDON SQUARE URBAN DESIGN STUDY AND DEVELOPMENT GUIDELINES AND GRANTING BUILDING PERMIT TO OAKLAND PORTSIDE ASSOCIATES (OFFICE CODEPIAXAVATER STREET II JACK LONDON SQUARE)." "RESOLUTION NO. 30579 DETERMINING THAT NEED TO TAKE ACTION AROSE SUBSEQUENT TO AGENDA BEING POSTED." Port Ordinance No. 2800 being, "AN ORDINANCE ADDING SECTION 1.995 TO PORT ORDINANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE PORT DEPARTMENT", and Port Ordinance No. 2801 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 964 RELATING TO SPACE ASSIGNMENT RATES", were read a second time and passed by the following vote: Ayes: Commissioners Higgins, Ward Allen, Wasserman, and First Vice President Ehg - 4 Noes: None Absent: Commissioners Pineda, Sweeney and President Hunter - 3
March 1, 1988 - 16 - Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE NEW POSITION OF SENIOR ENGINEERING ASSISTANT (PART-TIME) AND ONE NEW POSITION OF PRINCIPAL ENGINEERING ASSISTANT", was read a first time and passed to print by the following vote: Ayes: Commissioners Higgins, Ward Allen, Wasserman, and First Vice President Eng - 4 Noes: None Absent: Commissioners Pineda, Sweeney and President Hunter - 3 At the hour of 6:02 p.m. the Board entered into closed session as previously announced by First Vice President Eng and reconvened in open session at the hour of 6:37 p.m. The following resolution was introduced and passed separately by the following vote:
Ayes: Commissioners Higgins, Ward Allen, Wasserman, and First Vice President Eng - 4 Noes: None Absent: Commissioners Pineda, Sweeney and President Hunter - 3 "RESOLUTION NO. 30480 APPROVING AND AUTHORIZING FILING OF A CLAIM AGAINST THE EAST BAY REGIONAL PARK DISTRICT FOR DAMAGES AND LOSS INCURRED BY THE PORT AT THE PORT OF OAKLAND DISTRIBUTION CENTER." At the hour of 6:38 p.m. the meeting was adjourned on a motion duly made and seconded.
ZZ:-Z-)z../Z2:?7 Secretary
March 1, 1988 - 17 - REGULAR MEETIM OF THE BOARD OF PORT CCPIMISSIONERS
OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, March 15, 1988, at the hour of 4:16 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, Clifornia, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:10 p.m. to 4:10 p.m. during which time the Board received the auditor s report and management letter for the fiscal year ending June 30, 1987. During discussion, President Hunter appointed Commissioners Higgins, Wasserman and Pineda to serve as a new committee to be known as the Audit and Finance Committee. Commissioners present: Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman, and President Hunter — 7 Commissioners absent: None Also present were the Executive Director; Deputy Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief
Engineer; Assistant Chief Eqgineer; Director of Properties; Commercial Rep....e.tative, Wallow West; Director of Fiscal Affairs; Manager, Marine Terminals; Director of Administration; Director of Public Affairs; and Secretary of the Board. Visitors attending the meeting included Mr. Ron Reuther and Mr. James Nissen, representing the Western Aerospace Museum. The minutes of the regular meeting of March 1, 1988 were approved as submitted and ordered filed. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing (1) pending litigation (a.) involving Oakland Airport fill litigation; People of the State of California, ex rel. John K. Van De Kamp,
RIOARD OF PORT comv,
TING OF '.11Vir 3 198B
: • P f3OVED AS SLY'''' EDJAIEJf - 7- 7.t.) FILED Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEM), as provided for under Governnment Code §54956.9 ;and (2) pending litigation as provided for under Government Code S54956.9 (b) and (c); and (3) personnel matters as provided for under Government Code §54957. New License AgreEment - Western Aerospace Museum was the subject of a memo to the Board from the Director of Aviation notifying the Board that Western Aerospace Museum, a nonprofit organization, has been a Port subtenant since 1986 and is now requesting to rent space in Building L-825 to relocate its museum from Hangar 5. It was recommended that the Board approve of the new license agreement covering space in Building L-825, North Airport, and waive the monthly rental fee to aid their promotion of the Airport and museum. It was noted that the previously received security deposit would be returned. Mr. John Nissen and Mr. Ron Reuther both representing the museum, appeared before the Board to express their appreciation of the new arrangement. The recommendation was approved on passage of Resolution No. 30581. New License Agreement - Southern Air Transport, Inc. was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for storage and unpaved parking space at Building tr-825, North Airport, used for the storage of used aircraft parts and equipment at a new monthly rental of $2,427.56. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously.
March 15, 1988 - 2 - World Airways Federal Credit Union - Supplemental Agreement was the subject of a memo to the Board from the Director of Aviation recommending approval of a name change from World Airways Federal Credit Union to Oakland Airport Federal Credit Union. It was noted that the credit union is a tenant at the North Airport. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously.
New License Agreement (Buildings D-130 Ir150) and Supplemental Agreement (Building L-230C) - Sierra Academy was the subject of a memo to the Board from the Director of Aviation, notifying the Board that Sierra Academy of Aeronautics, Inc. occupies multiple buildings at the North Airport under the holdover provisions of various rental agreements. In 1985 Sierra experienced significant financial difficulties resulting in delinquency of payments to the Port. The situation is now being remedied and it was recommended that the following new agreements be prepared to cover their occupancy: for Building L-130, used for classrooms and offices, at new monthly rental of $7,994.92 plus a fuel flowage fee of $.15 per gallon; Building L-150, used as a base for aircraft maintenance and repairs, a new monthly rental of $7,071.18; for Building L-230C, used in conjunction with their other activities, a supplemental agreement which would provide for the deletion of apron area adjacent to Building L-142 and a rental increase to $4,579.91 per month. It was noted that Sierra is expecting to relocate from the hangar in approximately 6 months. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Agreement to Provide Architectural Services for Terminal I, MDIA was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into an agreement with the VBN Corporation to provide architectural coordinator services for Terminal I. The services to be provided will include architectural design, colors, furnishings or finishes designed or selected by others, and conceptual
March 15, 1988 - 3 - planning and design of alterations or improvements desired by the Port. The firm would be paid direct salary costs multiplied by a factor of 2.5 to include overhead and profit; subconsultant costs multiplied by a factor of 1.1; and other incidental and reasonable direct costs multiplied by a factor of 1.1. The maximum payment would be $50,000.00 with certain additional work available at the discretion of the Executive Director and each assignment to be individually authorized by the Chief Engineer and to be subject to its own lesser maximum. The recommendation was approved on passage of Resolution No, 30582. Agreement to Provide Architectural Services for Lionel J. Wilson
Terminal (Terminal II), MIA was the subject of a MOW to the Board from the Chief Engineer, recommending approval to enter into an agreement with the Ratcliff Architects to provide architectural design and coordination services for Terminal II. The firm would be paid the sum of direct salary and benefit costs multiplied by a factor of 2.5 to include overhead and profit; subconsultant costs multiplied by a factor of 1.1; and other incidental and reasonable direct costs multiplied by a factor of 1.1. The maximum payment under the agreement would be $100,000.00 with certain additional work available at the discretion of the Executive Director and each assignment would be individually assigned by the Chief Engineer and be subject to its own lesser maximum, The recommendation was approved on passage of Resolution No. 30583. Revised Consulting Agreement with Piedmont Realty Advisors was the subject of a MEMO to the Board from the Executive Director, notifying the Board that the Port has a contract with Piedmont Realty Advisors to provide real estate consulting services for Phase I Jack London Waterfront development. The scope of services outlined in the contract is no longer appropriate to the current situation which involves the Port acting as a general partner in the OPA partnership. As a revised scope of services with Piedmont Realty is desired to assist the Port on an on-going basis in
March 15, 1988 - 4 - its partnership position, it was recommended that the existing contract be cancelled and a new two year agreement be prepared. For the initial services in closing the CPA agreenent, the consultant would receive $75,000.00 For their continued services, Piedmont would receive an annual fee of 1% of the amount the Port has at risk in the partnership. Based upon the $4.6 million equity requirement and the $5 million credit enhancement with Bankers Trust, the consultant would receive a first year fee of $96,000.00 After discussion the recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Ocean Yachts, Inc. Lease Assignment was the subject of a memo to the Board from the Director of Properties, notifying the Board that Ocean Yachts is a lessee in the Embarcadero Cove area using 29,290 sf of land, 10,200 sf of water, and Port Building P-107, containing 3,239 sf. The Port receives a monthly minimum rent of $2,407.60 against various percentages. Ocean Yachts has merged into a new corporation known as Intigre Marine LTD and it was recommended that the Board approve the assignment of the lease to the new entity. The recommendation was approved on passage of Resolution No. 30584. Fifth Aumndment to the California Department of Boating and Waterways Loan Contract for Union Point Basin was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the loan contract between the Port and the California Department of Boating and Waterways to construct boat berthing at Union Point Basin. The loan is $600,000.00 at 6.0% interest. This loan is the third of three which are being used to develop the Embarcadero Marina area. It was recommended that the Board approve a Fifth Amendment to the loan contract which will implenent the reduction in interest rates for the respective loans and extend the time the Port has to complete the project to no later than May 1, 1990. The recommendation was approved on passage of Resolution No. 30585.
March 15, 1988 - 5 - Certification of Final EIR on the Oakland Deep-Draft Navigation Improvement PrOject and Approval of Project Implementation was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the Deep-Draft Navigation Improvement Project for the Oakland Inner and Outer Harbors that will be constructed by the United States Army Corps of Engineers. The Port of Oakland is the non-Federal sponsor of the project and will participate in its cost in accordance with the Water Resources Development Act of 1986 which authorized the project for construction. As the first step in project execution, the Port will dredge a portion of the Inner Harbor Channel. Under the terms of the agreement, the Port s costs for executing this phase of the work can be credited towards the Port s requirement for cost sharing on the overall project. The process is being used to allow work to begin two to three months sooner than would be possible if the Corps contracted for the initial phase. The Port is the Lead Agency and has prepared an Environmental Impact Report for the project in compliance with the California Environmental Quality Act. The project consists of the deepending of the existing Oakland Inner and Outer Harbor channels, including the Bar Channel, from the existing maintained depth of -35 feet mean lower low water (MLLW) to -42 feet, MLLW, the widening of the Inner and Outer Harbor Channels in several locations to permit optimum utility of restricted channel dimensions, deepening of berths adjacent to the Outer and Inner Harbor Channels to -42 feet MLLW, and the construction of a 1,200-foot diameter turning circle in the Inner Harbor. The estimated quantity of material to be dredged from both the Inner and Outer Harbor Channels and the 1200-foot turning circle is 7,000,000 cubic yards. The dredged sediments are proposed for aquatic disposal at ocean Site Bl, following formal approval by the Corps and the Environmental Protection Agency. The initial phase of the project that will be undertaken by the Port of Oakland consists of the deepening of a four mile stretch of the existing Oakland Inner Harbor Channel from -35
March 15, 1988 - 6 - MLLW to -38 fet MLLW and the construction on an 1,100 foot diameter turning circle within the Inner Harbor at the eastern terminus of the project area. The purpose of the initial phase is to provide an adequate channel and turning circle of sufficient width and depth for deep-draft C-10 container ship service scheduled to begin in the Oakland Inner Harbor by June 8, 1988. The environmental documents covering the project include The environmental impact statements prepared by the Corps and the "Final Feasibility Study and Environmental Impact Statement." The Port intends to rely upon the federally-prepared Environmental Impact Statement for the Inner and Outer Harbor Improvement projects as well as on the Supplemental Environmental Impact Statement for the combined Inner and Outer Harbor Improvement project. The Port has prepared an executive summary of environmental effects included in the two Final EIS s and the Draft Supplemental EIS (DSEIS). On October 26, 1987, the Draft Summary EIR prepared by the Port, along with the Final EIS s and DSEIS prepared by the Corps, was circulated for public review and comment. The Final Summary EIR contains all written comments received on the navigation improvement project by both the Corps and the Port. The potential significant impacts identified by the FEIR and by most of the public comments received by the Port and the Corps involve twelve subject categories: Ground Water; Water Quality; Ocean Disposal Sites; Alcatraz Predredging and Disposl; Impacts on Fisheries, Commercial and Sport Fishing and other Biological Resources; Land Jurisdiction; Scope of Project; Offshore Leasing; Economics; Mitigation and Monitoring; Transportation; Procedural Inadequacy; and Legal issues. Most of the commentors expressed concern regarding cumulative impact of disposing dredge materials in San Francisco Bay and the associated potential turbidity and contamination effects that could result from Alcatraz disposal. An ocean disposal site located 26 miles (Site B1) from the Golden Gate Bridge will be selected for dredged material disposal, subsequent to formal approval by the Corps and EPA.
March 15, 1988 - 7 - With the selection of an appropriate ocean disposal site that will have the least adverse environmental impact at acceptable cost, and with compliance with water quality requirements as set forth for dredge and disposal activities, the FEIR identifies no adverse impacts to result from implementation of the proposed project. It was reconmended that the Board certify that it has reviewed and considered the information contained in the Final EIR and Final SEIS for the "Deep-Draft Navigation Improvement Project, Oakland Inner and Outer Harbors" and that it has been prepared in compliance with applicable law, and approve the implementation of the Deep-Draft Navigation Improvement Project. Each document had previously been received by the Board for their review and the process was reviewed by the Port s staff. After discussion the recommendation was approved on passage of Resolution No. 30600. Oakland Inner and Outer Harbor 215 Agreement and Approval of Plans and Specification for Initial Phase was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the section 202 of Public Law 99-662, the Water Resources Development Act of 1986, which authorized the U.S. Army Corps of Engineers to construct a project for Oakland Inner and Outer Harbors Navigation Improvements. The authorization included a provision that the Port of Oakland, as a non-Federal sponsor of the project, be responsible for funding, (cost sharing) of the project. The Port s share is basically 25% of overall project costs. The Act also provided that the Secretary of the Army may enter into an agreement to credit or reimburse the costs of certain work accomplished by States or political subdivisions thereof which later is incorporated into an authorized Federal project. The Port and the Corps propose to enter into a Section 215 Agreement, under which the Port would execute the first phase of the overall project and receive credit towards the Port s cost sharing responsibility on the project. The Section 215 Agreement will allow for completion of the initial phase of the project
March 15, 1988 . - 8 - at least 60 days earlier than the Corps could begin the work. The early completion will allow the Port to meet the urgent requirements of American President Lines for deeper channels and a turning basin to accommodate their new generation of container ships, due to begin arrivals in June, 1988. Plans and Specifications have been prepared for the project which consists of deepening the Oakland Inner Harbor Channel from -35 to -38 feet, MLLW, and provide a 1,000-foot ship turning basin. It was recommended that the Board authorize the Executive Director to sign the Section 215 Agreement, and approve the plans and specifications for the dredging work, and authorize the advertising for bids to be received through April 6, 1988. The recommendation was approved on passage of Resolution No. 30601 for plans and specifications; and Resolution No. 30602 for approving agreement with the Corps. Compensation Adjustment for Director - Far East was the subject of a memo to the Board from the Executive Director, recommending approval to increase the monthly compensation of Mr. K. Nagao, by 2% to 1,245,923 yen monthly, effective April 1, 1988. The recommendation was approved on passage of Resolution No. 30586. Contract Completion Valentine Corporation for Construction of Berth I (Berth 37) Wharf Emmage Repair, Seventh Street Terminal was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Valentine Corporation be extended 27 calendar days and accepted as complete as of January 6, 1988, with a contact price of $288,131.00. The recommendation was approved on passage of Resolution No. 30587 for time extention; and Resolution No. 30588 for accepting work. Approval to Dispense with Formal Bids to Redredge Berths 24 and 37 and Westerly 300 feet of Berth 36 was the subject of a memo to the Board from the Chief Engineer, notifying the Board that Mitsui O.S.K. Lines has informed the Port that new, larger vessels have been scheduled to begin calling at Oakland around mid-April 1988 and Mitsui has requested
March 15, 1988 - 9 - that maintenance dredging be performed at Berth 37 and the contiguous, westerly 300 feet of Berth 36 to remove siltation so as to restore the authorized depth of -42 feet, MLLW. In addition, Maersk line is experiencing an increase in outbound tonnage which causes their ships to draft a little deeper than before and that they have new vessels drafting as much as 41 feet commencing service at Oakland effecting April 16, 1988. They have also requested the Port perform maintenance dredging. As time is urgent to meet the requests, it was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures and to accomplish the work through informal quotation. The project is categorically exempt and an environmental impact report is not required. Permits for both areas are pending from the U.S. Army Corps of Ehgineers and a contract will not be awarded until the Port receives the permits. The recommendation was approved on passage of Resolution No. 30589. Port of Oakland Tariff No. 2, Item 115, Exculpatory Provisions was the subject of a memo to the Board from the Deputy Executive Director, recommending approval to amend the existing exculpatory provision contained in Item 115 of the Port of Oakland s Tariff No. 2, in order to comply with the Federal Maritime Commission staff s request that the provision be amended within 30 days to insure conformity with FMC rules on exculpatory provisions in marine terminal tariffs. It was noted that previous exculpatory provision contained in various other items of the Port s tariff have been previously amended. The recommendation was approved on an ordinance passed to print. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Mark Ng, Senior Drafting Technician, effective March 16, 1988, at $2,688.00 per month; Teresita V. Morales, Accountant-Auditor, effective March 21, 1988, at $2,196.00 per month; Vickie J. Pfaff, Legal Secretary II, effective March 16, 1988, at $2,073.00 per month; Vladimir Tudor, Youth Aide, Class "AA",
March 15, 1988 - 10 - effective March 16, 1988, at $14.23 per hour. Also recommended was a military leave of absence for Thomas A. Remus, Supervising Civil Engineer. for 14 working days. The recommendations were approved on passage of Resolution No. 30590 for appointments; and Resolution No. 30591 for military leave of absence. Travel Authorization contained in a memo to the Board from the Director of Administration recorrrnended the travel of Carl Knecht Jr., Marine Commercial Representative V, to El Paso, Texas, during the period March 16 - March 19, 1988, to attend the annual meeting of the Texas Cotton Association; the travel of Commissioners Hunter, Eng, Pineda, Ward Allen, Wasserman, the Executive Director, and the Secretary of the Board to Tokyo and Fukuoka, Japan, and Taipei, Taiwan, during the period March 22 - April 2, 1988, for calls on shipping lines and trade promotion activities, and the participation of City of Oakland Councilman Frank Ogawa during the visit to the city of Fukuoka and Port of Hakata; the travel of Clifford King, Supervising Transportation Planner, to Salt Lake City, Utah, on or about March 28 - April 1, 1988, to attend the Airport Operators Council International Economic Specialty Conference and Airport Computer Show. The recommendation was approved on passage of Resolution No. 30592, Liability Claims was the subject of a memo to the Board from the Director of Administration, notifying the Board of a claim by Carrie Cutting in the amount of $500,000.00 for a trip and fall accident allegedly occuring at 1425 Maritime Street, Oakland, California; and a claim by Bruce Smith in the amount of $5 million dollars for alleged injuries occurring at an unspecified Port facility. Investigation reveals that the Port has breached no duty owed the claimants and it was recommended that the claims be rejected. The recommendation was approved on passage of Resolution No. 30593,
March 15, 1988 - 11 - Agreement for Consulting Services for Land Surveying Work was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the requirement for extra field surveying services during periods of peak construction activity. It was recommended the Board enter into an agreement with the firm of Bissell and Karn to provide professional land survey services. The contract will be for one year with an option of two additional years. The maximum cost to provide the services for each year, if annual extentions are approved, are $120,000.00, $90,000.00 and $50,000.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30594.
Employee Assistance Program, Contract Services was the subject of a memo to the Board from the Director or Administration, notifying the Board of the Employee Assistance Program to assist employees with gaining control over life management problems and recommending a new agreement with LifeCare Systems to provide the service thorugh March 1989, at a fee not to exceed $25,000.00. The recommendation was approved on passage of
Resolution No. Resolution No. 30595. Reocisfriandatim to Approve Resolution Amending the By-Laws and Administrative Rules of the Board of Port Commissioners Relating to Board Actions, Contractual and Other Commitments of the Board and the Port Attorney was the subject of a letter to the Board from the Port Attorney recommending certain changes in the By-laws to reflect the duties and responsibilities of the Port Attorney. As the information had not been previously available to the Board or the Executive Director, President Hunter asked that the subject be further reviewed by the Executive Director and the Operating Committee to test its application to the needs of the Port. Commissioner Higgins asked for a discussion on the proposal for public financing to provide funding for the Port s capital improvement program.
March 15, 1988 - 12 - Commissioner Higgins further stated that he would like more input on the growth plan, total debt service with regard to best c.ae - worst case possibilities and other long-term financial planning. He suggested that the Board proceed with the receipt of proposals, review the proposals to a short list for further review, and proceed to complete the sale by June 1, 1988. Commissioner Wasserman seconded the suggestion as a motion and after discussion the motion was passed unanimously. As the change in procedure had not been timely noted under the regular notice requirements of the California Government Code §54950, an appropriate resolution No. 30605 was prepared making certain findings amending the schedule for underwriting proposals, and identifying the financial advisor for the issue was passed separately dealing with the issue. The following reports were noted and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of March 4, 1988. Summar of Cash and Accounts Receivable Port Revenue Fund 770 for e Mont of February 1988 Accounts in Arrears as of March 14, 1988 Delinquent Accounts Referred to Legal Reported as of March 9, 1988 Summary of Claims Paid from Various Funds for the Period February 24, 1988 through March 4, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30581 AUTHORIZING ExEcrunag OF LICENSE AND CONCESSION AGREEMENT WITH WESTERN AREOSPACE MUSEUM."
March 15, 1988 - 13 - "RESOLUTION NO. 30582 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH VBN CORPORATION FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30583 FINDING AND DETERMINING THATAPROPOSED AGREEMENT WITH THE RATCLIFF ARCHITECTS FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30584 CONSENTING TO ASSIGNMENT OF LEASE FROM OCEAN YACHTS, INC. TO INTIGRE MARINE LTD." "RESOLUTION NO. 30585 APPROVING AND AUTHORIZING EXECUTION OF FIFTH AMENDMENT TO CONTRACT WITH CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS (UNION POINT BASIN LOAN)." "RESOLUTION NO. 30586 ADJUSTING MONTHLY COMPENSATION OF DIRECTOR, FAR EAST." "RESOLUTION NO. 30587 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH VALENTINE CORPORATION." "RESOLUTION NO. 30588 ACCEPTING WORK PERFORMED BY VALENTINE CORPORATION AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." etrIr.nrrimmr.mt 1.-rn -incon ...)v.../0.7
FINDING AND DETERMINING THAT IT IS IN THE BEWT INTEREST OF THE PORT TO CONTRACT FOR THE REDREDGING OF BERTH 24 IN THE OAKLAND OUTER HARBOR AND BERTH 37, AND THE WESTERLY 300 FEET OF BERTH 36 AT THE 7TH STREET PUBLIC CONTAINER TERMINAL WITHOUT COMPETITIVE BIDDING, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO RECEIVE INFORMAL BIDS IN THE OPEN MARKET FOR SUCH WORK." "RESOLUTION NO. 30590 CONCERNING CERTAIN APPOINTMENTS. "RESOLUTION NO. 30591 GRANTING MILITARY LEAVE OF ABSENCE TO THOMAS A. REMUS, SUPERVISING CIVIL ENGINEER. "RESOLUTION NO. 30592 CONCERNING CERTAIN TRAVEL."
March 15, 1988 - 14 - "RESOLUTION NO. 30593 REJECTING CLAIMS OF (A) CARRIE CUTTING; AND (B) BRUCE SMITH." "RESOLUTION NO. 30594 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH BISSELL AND EARN, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30595 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH LIFECARE SYSTEMS FOR EMPLOYEE AND ORGANIZATION ASSISTANCE, A SUBORDINATE OF ALTA BATES CORPORATION, FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30596 AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH UNITED AIR LINES, INC." "RESOLUTION NO. 30597 AUTHORIZING TERMINATION OF TENANCY OF MASS ENTERPRISES." "RESOLUTION NO. 30598 AUTHORIZING ACCEPTANCE OF DEBT REPAYMENT PLAN PROPOSED BY RANSOM MCKAY GOLF, INC. (GALBRAITH GOLF COURSE)." "RESOLUTION NO. 30599
APPROVING AND AUTHORIZING EXECUTION OF INTERIM LICENSE AND CONCESSION AGREEMENT WITH SCHNITZER STEEL PRODUCTS CO. (19,500 SQUARE FEET OF WATER AREA, SOUTHEASTERLY OF ADELINE STREET, OAKLAND INNER HARBOR)." "RESOLUTION NO. 30600 CERTIFYING REVIEW AND CONSIDERATIONS OF FINAL ENVIRONMENTAL IMPACT REPORT ON THE OAKLAND DEEP-DRAFT NAVIGATION IMPROVEMENT PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH." "RESOLUTION NO. 30601 APPROVING PLANS AND SPECIFICATIONS FOR DREDGING OF INNER HARBOR CHANNEL TO ELEVATION -38 FEET, M.L.L.W., OAKLAND, CALIFORNIA, AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 30602 APPROVING AND AUTHORIZING EXECUTION FO SECTION 215 AGREEMENT WITH UNITED STATES CORPS OF ENGINEERS FOR FIRST PHASE OF OAKLAND DEEP-DRAFT NAVIGATION IMPROVEMENT PROJECT."
March 15, 1988 - 15 - "RESOLUTION NO. 30603 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30604 GRANTING EARHART ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30605 DETERMINING THAT NEED TO TAKE ACTION AROSE SUBSEQUENT TO AGENDA BEING POSTED." Port Ordinance No. 2802 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE NEW POSITION OF SENIOR ENGINEERING ASSISTANT (PART-TIME) AND ONE NEW POSITION OF PRINCIPAL ENGINEERING ASSISTANT," was read a second time and passed by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 964 RELATING TOcLIABILITY FOR LOSS OR DAMAGE", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH SCHNITZER STEEL PRODUCTS CO, FOR APPROXIMATELY 19,500 SQUARE FEET OF WATER AREA IN THE OAKLAND INNER HARBOR SOUTHEASTERLY OF ADELINE STREET", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING THE SIXTH SUPPLEMENTAL AGREEMENT WITH MARINE TERMINALS CORPORATION EXTENDING MANAGEMENT AGREEMENT TERM", were read a first time and passed to print by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None
March 15, 1988 - 16 - At the hour of 5:46 p.m. the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 7:05 p.m. at which time the meeting was adjourned on a motion duly made and seconded.
March 15, 1988 - 17 - REGULAR MEETING OF THE BOARD OF PORT COMMISSIONERS OF THE COCYWOAKLAM
The meeting, formal portion, was held on Tuesday, April 5, 1988, at the hour of 4:30 p.m. \ in the office of the Board, Room 376, 66 Jack London Square, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:30 p.m. to 4:25 p.m. during which time the Board received a status report on the negotiations covering Naval Supply Center Memorandum of Understanding, and a review of the Port s financial plans. Commissioners present: Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman, and President Hunter - 7 Commissioners absent: None Also present were the Executive Director; Port Attorney; Chief Engineer; Director of Aviation; Special Assistant to the Executive Director, George Watson; Commercial Representative, William West; Director of Properties; Director of Fiscal Affairs; Director of Administration; Equal Opportunity Officer; Director of Public Affairs; and Secretary of the Board. The Board was introduced to the 1988 Port of Oakland high school interns, and scholarship recipients for Japan. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing pending litigation involving: (a) Oakland Airport fill litigation (People of the State of California, ex rel. John K. Van De Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of (alifornia, No. C 87 6063 TEH) as provided for under Governnment Code 554956.9; and pending litigation as provided for under Government Code 554956.9 (b) and ((c). At the hour of 4:40 p.m. the Board held a public hearing on American President Lines, Ltd. application for a Dredge and Fill permit at Middle Harbor Terminal. The proposed work would consist of dredging 22,000 cubic yards of sediment within their leased premises at Berths 60, 61, 62 and 63 in the Middle Harbor Terminal. The estimated cost of the work is $170,000.00. The project is included in the Final Environmental document entitled "Oakland Inner and Outer Harbors, Deep-Draft Navigation Improvement Project, Alameda County, California" and no further environmental document is required. There was no further testimony, the report was considered, and the hearing was closed at the hour of 4:41 p.m. The application was approved on passage of Resolution
Nb. 30618. Adoption of FAR Part 150 Noise Exposure Maps and Noise Compati- bility Program for Oakland International Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Federal Aviation Regulations Part 150 provides guidelines for an airport operator to develop a noise compatibility and land use program in order to reduce existing non-compatible land uses and to prevent the introduction of new non-competible land uses around airports. A Noise Compatibility Study for Metropolitan Oakland International Airport was initiated in December 1985. The program has now been completed and the two-volume final report was submitted to the Board for adoption. The Board noted the large amount of documents associated with the study and expressed their desire to have more time for review. The item was held over to the April 19, 1988 meeting.
April 5, 1988 - 2 - Approval to Dispense with Bids and Authorization to Reimburse United Airlines for Emergency Repairs to Fire Protection System, George P. Miller Hangar was the subject of a memo to the Board from the Director of Aviation, notifying the Board that under the Termination Agreement with World Airways, the Port assumed a contract with Peregrine West to provide an inspection and a five-year certification of the fire protection system at the George P. Miller Hangar now occupied by United Airlines. The inspecting and testing of the system revealed numerous deficiencies and the safety of approximately 300 United employees was of concern. Because of the critical need to accomplish the work as soon as possible, several alternatives were initiated. It was recommended that the Board find it to be in the best interests of the Port to dispense with bids for the repairs of the fire protection system; authorize the negotiation and execution of a contract with Peregrine West on a time-and-materials basis for the repair of the sprinklers, distribution piping, and other associated items; approve United Airlines repair of the diesel engines and pumps and subsequent reimbursement of the costs thereof; and ratify the action taken with respect to directing the Port s fire protection certification contractor to commence the repairs to the piping system and related distribution items. The repairs to the sprinklers and associated systems is estimated to cost $400,000.00. The cost to repair the diesel engines and pumps is estimated at $220,000.00. The recommendation was approved on passage of Resolution No. 30607. SqRplemental Agreement to Airport Master Plan Update/Development Program Contract was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the existing agreement with TRA Architecture, Engineering, Planning, Interiors, of Seattle, Washington for preparation of an Airport Master Plan/Development Program for South Airport. As the planning has progressed, the increasing integration of South and North Airport operation has emerged as an important issue, and it
April 5, 1988 - 3 - is desirable that the current master plan be expanded to incorporate North Airport as well as South Airport. It was recommended that the Board authorize a supplemental agreement with PRA for providing professional services to include the North Airport in the Airport Master Plan Development Program. The estimate for the additional work is $240,000.00. The recommendation was approved on passage of Resolution No. 30608. Plans and Specifications, Construction of Sewer for Trailers in Main Parking Lot, South Airport was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the installation of a sewer line connecting an existing sewer line at one \end to existing toilet fixtures in the two trailers at the other end. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30609. Contract Completion, Construction of Apron Adjacent to Taxiway 2, South Airport was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Grade-Way Construction be extended two calendar days and accepted as complete as of October 25, 1987, with a contract price of $2,157,470.97. The recommendation was approved on passage of Resolution No. 30637 for time extension; and Resolution No. 30638 for accepting work. License Agreement Renewal, National Airmotive Corporation was the subject of a memo to the Board from the Director of Aviation, recommending approval to renew their agreement for land under Building L-900/L-914, used for its operation of an aircraft engine test facility, at a new monthly rental of $961.75. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. New License Agreement, Sierra Mountain Airways was the subject of a memo to the Board from the Director of Aviation, recommending approval of a new agreement to cover office, hangar, apron and parking space at
April 5, 1988 - 4 - Building L-712, North Airport, to be used as a base for their airline commuter operations, at a new monthly rental of $1,715.57. The recom- mendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Authorization to Dispense with Bids for Office Furnishings and to Select an Office Work Station System for New Port Office Building, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board that it is necessary to identify the supplier for the work station system components for the Port s new headquarters. The identity allows the architect, Robinson, Mills Williams, to plan the office layout and utility connections and additionally establishes current pricing for the 1989 purchase. An amount of $1,275,000.00 has been budgeted for new furniture, furnishing and office equilAuent for the new Port Building. It is estimated that
$800,000.00 will be required for , the work station system components from a supplier, and the remaining $475,000.00 will be used for work station installation and for purchase of individual items. The Port has previously used Herman Miller work stations, and it was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures and approve the selection of Herman Miller as supplier of the office work station components; authorize the Executive Director to negotiate specific conditions and pricing of the additonal "Action Office" and "Ethos Space" work stations for a total cost of approximately $800,000.00; and authorize the Executive Director to negotiate in the open market at the appropriate time for the installation of the office work station components. The recommendation was approved on passage of Resolution No. 30610. Engineered Modular Structures, Inc, Lease Proposal was the subject of a memo to the Board from the Director of Properties, recom- mending approval of a new lease for Port Building H-232 the former
April 5, 1988 - 5 - Midland Ross Building, which contains 49,217 sf of warehouse space located at 845 Embarcadero. The facility would be used to manufacture modular walk-in refrigerators/freezers, cold storage facilities and electrical/communication equipment shelters. The basic terms of the proposed lease include: a term of ten years, the monthly rent would be zero for the first four months and increased over the years to $16,743.98 for the last four years. The lessee would provide a performance deposit in cash or certificate of deposit in the amount of $42,253.92. The lessee would take the premises "as is", with all improvements becoming the property of the Port at the termination of the lease. The lease would also contain the Port s standard provisions. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously.
UP-Right, Inc - Lease Proposal was the subject of a memo to the Board from the Director of Properties recommending approval of a new lease for a 9000 of Port-owned building (Facility #KT13) located at 7711 Oakport Street in the Oakland Airport Business Park. The firm specializes in the manufacturing and marketing of portable and mobile work platforms. They are relocating from their current location in Berkeley, and intend to transfer the branch sales office and rental depot to Port Building KT13„ and the corporate headquarters to another site in the Business Park. The basic provision of the proposed lease includes a lease term of 5 years with an option for an additional 5 years. The rent would be $3,150.00 per month with the rent for the option period based on the base rent plus the percentage increase in the Consumer Price Index. The tenant shall expend at least $50,000.00 in tenant improvements to the interior and the exterior of the building during the initial 5-year term. The tenant would receive two months free rent, and the performance deposit would be $9,450.00. The recommendation was approved on a motion by Commissioner Eng, seconded and passed unanimously.
April 5, 1988 - 6 - AM-PM Service Company Proposal to Lease and Interim License Agreement was the subject of a memo to the Board from the Director of Properties, notifying the Board that the firm occupies land and Port Building No. G-315 on Fifth Avenue and Embarcadero under a Right of Entry/Indemnity Agreement pending the finalization of the lease execution. The facility is used as a crane maintenance and repair facility. The firm has requested to lease aproximately three acres of additional vacant land on Kennedy and Embarcadero in the Union Point Basin area. The additional land would be used to store containers and trailers. It was recommended that the Board approve the proposed lease for three acres. The initial occupancy would consist of one acre and could be increased in one acre minimum increments upon giving the Port 30 days written notice. The option to expand the premises would be for one year. The lease term would be for five years with the Port having the option to cancel the agreement upon giving the lessee one year notice of cancellation. The monthly rent would be $.025 per sf or $1,089.00 per acre with a rental adjustment after three years in accordance with the percentage change in the Consumer Price
Index. The site would be taken "as is" exclusive of the existin g rental
fPngP. The lessee would mAkg. improvements i-he site in the amount of approxmately $10,000.00, exclusive of the placement of the office trailers. The proposed lease also contains the Port s standard provisions. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Recamendation to Approve Contract with Baseline for Water and Soil Testing at Jack London Square Phase I Sites was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Port has retained Baseline Environmental Consulting to perform soil sampling and laboratory analysis related to certain proposed construction locations within the Jack London Square Phase I area. The original agreement was based on a limited database of information regarding subsurface conditions.
April 5, 1988 - 7 The data obtained from Site A, Gallagher s Block and in the Water Street required further subsurface and analytical work to determine the extent of known contamination. The additional work required to further characterize the sites in question would include installation and sampling an additional monitoring well, soil sampling, and analysis of sampled material, as well as reporting the results to all concerned parties. It was recommended that the Board approve the preparation and execution of an agreement with Baseline Environmental Consulting, Inc. for the additional work to be compensated on a time-and-material basis with a maximum payment of $40,000.00, with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30611. Building Permit Application, Cammapy s Airport Executive Associates, Oakland Airport Business Park was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of certain interior improvements to the fifth floor of the Equitec Building in the Oakland Airport Business Park, which will be occupied by the National Arbitration and Mediation Service. The estimated cost of the proposed improvements is $60,000.00. The project is categorically exemp and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30612. Building Permit Application, Oakland Portside Associates, Port Office Building was the subject of a memo to the Board from the Chief Engineer, notifying the Board that Oakland Portside Associates has entered into a one year license and concession agreement for the use of approxi- mately 608 sf portion of the third floor of the Port Office Building which will be used for a marketing and promotional center for the Phase I Jack London s Waterfront project. It was recommended that the building permit to improve the space be approved. The proposed work would consist of the demolition of a partition, removal of one door, and closing off the
April 5, 1988 - 8 - door space, installation of . a new partition, electrical outlets, new ceiling tiles, light fixtures and carpeting. The estimated cost of the proposed improvements is $30,000.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30613. First Amendment to Oakland Portside Associates Site "A" Office Building Complex Lease was the subject of a memo to the Board from the Director of Properties, recommending approval of an amendment to the Oakland Portside Associates Site "A" Office Building Lease to allow use of such portions of the Site "A" Hotel option area for a construction support area which will be used by the contractor, Swinerton Walberg. The recommendation was approved on passage of Resolution No. 30614. Award of Contract to Grow Trees for Jack London Square Development was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the three bids received and recominending award of the contract to Pacific Nurseries of California, Inc, the low bidder, at $20,169.50. The recommendation was approved on passage of Resolution No. 30615. Est Bay Municipal Utility District Easement for Pi peline was the subject of a memo to the Board from the Director of Properties, recommending approval to execute a grant of easement for the district to install a waterline through a portion of Site A between Clay Street and Washington Street along the proposed Water Street extension located between the new Port office building and the proposed hotel. The new pipeline will provide better water service to the Jack London Square Phase I project. The recommendation was approved on passage of Resolution No. 30616.
April 5, 1988 - 9 - Jack London Village, Sublease Approval was the subject of a memo to the Board from the Director of Properties recommending approval of a new sublease with Mr. Ben Bussell, dba Salt and Pepper, for space in the Village. It was noted Mr. Bussell is the new owner of the existing shop. The recommendation was approved on passage of Resolution No. 30617. Oakport Street Site - Business Park; Termination of Exclusive
Negotiations and Request for Proposal was the subject of a memo to the Board from the Director of Properties, notifying the Board that the Board has previously authorized staff to enter into a 90-day period of exclusive negotiations with the Price Company to develop the 21.5 acre site on Oakport Street in the Oakland Airport Business Park as a promotional retail center. The negotiations with the Price Company have reached an impasse on certain economic conditions and it was recommended that the Port terminate exclusive negotiation and authorize staff to market the 21.5 acre site for a 30-day period period to seek an acceptable proposal for an off-price promotional retail development. The new proposals would be evaluated on a basis of financial feasibility, economic return to the Port and the City, and a major commitment from a promotional retail anchor tenant. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Commissioner Higgins expressed his concern about an off-price promotional retail development for the area and that he would like to see an overall review of the Business Park and any proposed retail use if the Port were to receive a valid proposal. Contract Completion, Construction of Outfall Bridge, Berths 11 and 12, Bay Bridge Terminal was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Gallagher Burk, Inc. be extended 31 calendar days, liquidated damages for two calendar days at $250.00 per day be assessed, and the contract be accepted as complete as of February 13, 1988, with a contract price of $264,628.00. The recommendation was approved on passage of Resolution No. 30639 for time extension and Resolution No. 30640 for accepting work.
April 5, 1988 - 10 - Agreement for Consulting Services for Hydrographic Work for the Dredging of the Inner Harbor Channel was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into an agreement with Sea Surveyor Incorporated to provide the required hydrographic services for the dredging of the Inner Harbor Channel. The work included pre-dredge soundings of the Inner Harbor Channel, and pre-dump, intermediate-dump, post-dump and post-cap soundings at the designated off-shore disposal site. Other related services which are required are quality control and inspectional service, emergency soundings, lead line soundings and reports. Additionally, there will be required an undetermined amount of monitoring and testing at the disposal site, the scope of which is being coordinated between the Port and the Army Corps of Engineers and the E.P.A. The maximum payment under the proposed agreement is $260,000.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30619. Award of Contract, Demolition of Port-Owned End of Schnitzer Pier No. 2, Inner Harbor was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the six bids received and recommending award of the contract to Great Lakes Dredge Dock Co, the low bidder, at $115,000.00. The recommendation was approved on passage of Resolution No. 30620. Additional Information Regarding Final EIR on the Oakland Deep-Draft Navigation Improvement Project was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Corps has issued additional information in the "Addendum to the Final Supplement 1 to the Environmental Impact Statements, Oakland Outer and Inner Harbors Deep-Draft Navigation Improvements, Alameda County, California, March, 1988", and that the additional information provides a more detailed
April 5, 1988 -11- discussion of the project conditions and requirements for ocean disposal. Each member of the Board received the Addendum to the document. The information was noted and ordered filed. Taiwan Representative was the subject of a memo to the Board from the Deputy Executive Director recommending approval to enter into a one- year agreement with Mr. Henry C. Lai as the Port s Taiwan representative. Mr. Lai is President of both San Yang Navigation and Great Ocean Shipping. These companies are part of the San Yang Group and are engaged as shipping agents, shipping brokers, ship chartering and in the customs brokerage business. Mr. Lai will be compensated $1,000.00 a month. The recommendation was approved on passage of Resolution No. 30621. Renewal of Agreement for Port of Oakland s Hong Kong Representative was the subject of a memo to the Board from the Deputy Executive Director, recommending approval to renew the Port s agreement with Mr. Peter K. P. Hall as the Port of Oakland s Representative in Hong Kong for a one-year term commencing April 1, 1988, with compensation at $1,000.00 per month. The recommendation was approved on passage of
Resolution No. 30622. Renewal of Agreement for Port of Oakland s Korea Representative was the subject of a memo to the Board from the Deputy Executive Director, recommending approval to renew the Port s agreement with Mr. Pyung Sup Chung as the Port of Oakland s Representative in Korea for a one-year term commencing April 1, 1988, with a monthly compensation of $1,000.00. The recommendation was approved on passage of Resolution No. 30623. Renewal of Agreement for Port of Oakland s European Representative was the subject of memo to the Board from the Deputy Executive Director, recommending approval to renew the Port s agreement with Van Cmmeren Rotterdam B.V. to represent the Port of Oakland in Europe for a one-year term commencing April 1, 1988. The firm will be paid $52,800.00 as annual compensation, with out-of-pocket expenses of
April 5, 1988 -12- $20,000.00. The compensation figure provides for staff time, office space, communication facilities, part-time secretarial service and support from Van Ommeren s European network of offices. The recommendation was approved on passage of Resolution No. 30624. Substitution of Asbestos Subcontractor for Demolition of Buildings C-103 and C-104, Seventh Street Terminal was the subject of a memo to the Board from the Chief Engineer, recommending approval for the contractor, Evans Brothers, Inc., to substitute Environmental Control Industries as the new asbestos subcontractor as the original listed firm of Advanced Environmental Control Systems Corporation has failed to provide required bonds. The recommendation was approved on passage of Resolution No. 30625. Consultant Contract for Jack Londonw s Waterfront Task Force Director Position was the subject of a memo to the Board from the Director of Administration, recommending approval to retain the personnel services of Mr. Lee Eisner to the contracted position of the Port s "Jack London s Waterfront Task Force Director." The responsibilities of the position entail the monitoring and management of operations and activities of the Jack London s Waterfront Task Force, reporting to the Port s Jack London s Coordinating Council, which includes the Port s Executive Director, Deputy Executive Director, the Director of Properties, and the Chief Engineer. Mr. Eisner s services are not to exceed $95,000.00 per year, and the services will be needed for approximately two years. The recommendation was approved on passage of Resolution No. 30626. The Board asked for a review of the organizational chart of the project as it is planned.
April 5, 1988 -13- Retention of Financial Advisor in Connection With the Issuance of Approximately $75,000,000 of Port of Oakland, California, Bond Anticipa- tion Notes to be Issued in Anticipation of a Subsequent Issue of Port of Oakland 1957 Revenue Bonds Series "S" in an Aggregate Principal Amount of $75,000,000.00 was the subject of a memo to the Board from the Executive Director notifying the Board of the desire to retain financial advisors for the upcoming Bond financing program and of the discussions with Paul Dinkelspiel of Dinkelspiel, Belmont Co., who has served as financial advisor to the Port for the past thirty years, and his association with the minority firm of Grigsby, Brandford Co., Inc. It was recommended that the Board approve a contract with Grigsby, Brandford Co., Inc. and Dinkelspiel, Belmont Co., Inc., as co-financial advisors, to provide financial advisory services to the Port for the current financing, estimated to be $75,000,000.00, for a total fee of $75,000.00. Should these firms advise to the Port s long-range financial plans, their compensation will be at the hourly rates of $125.00 for firm principals and $75.00 for associates. The recommendation was approved on passage of Resolution No. 30627. Personnel Items contained in a memo to the Board from the Director of Administration recomutended the appointment of Mahmoud Saad and Mohammad F. Hakim, as Electrical-Mechanical Engineers, effective April 6, 1988, at $3,663.00 per month; Karen G. Watson, as Commercial Representative IV, effective April 18, 1988, at $3,387.00 per month; Joyce B. Washington, as Commercial Representative IV, effective April 6, 1988, at $3,387.00 per month; Joetta K. Spanjol, Jon M. Bonifield, and Edith A. Diegoli as Engineering Assistants, effective April 11, 1988, at $2,372.00 per month; Rosalie Germaine, as Youth Aide, Class "B", effective April 6, 1988, at $9.63 per hour. Also recommended was the creation of one additional
April 5, 1988 -14- position of Port Electrician, Permanent, Part-time; and approval of the examination announcement for the promotional examination announcement for Assistant Mechanical and Electrical Engineer. Additionally recommended was the military leave of absence for Isamu Tsujimoto, Senior Engineering Assistant, for 10 working days; military leave of absence for Homer Z. Hoglund, Port Equipment Supervisor, for 12 working days; and a personal leave of absence for Isabel Granados, Administrative Secretary, for 106 working days. The recommendations were approved on passage of Resolution No. 30628 for appointments; Resolution No. 30629 for examination announcement; and Resolution No. 30630 for leaves of absence. Travel Authorization contained in a memo to the Board from the Director of Administration, recommended ratification of the reimbursed travel of Mohammad Hakim, Assistant Electrical/Mechanical Engineer, to Houston, Texas, on or about March 21, 1988, for factory inspection of Toshiba Switchgear; travel of John Nolan, Assistant Port Attorney, to Washington, D.C., on or about April 6, 1988, to attend the Spring Conference of the American Association of Port Authorites, and to attend meetings of the Federal Maritime Conanission, and the California Association of Port Authorities; travel of Joan Strawder-Webster, Port Field Representative, to Denver, Colorado, on or about the period of April 6-10, 1988, to attend the 14th National Conference of the American Affirmative Action Association; travel of John Nolan, Assistant Port Attorney, to Scottsdale, Arizona, on or about April 11, 1988, to attend the Airport Operators Council International Legal Committee Spring Meeting; travel of the Manager of Data Processing, and Barry Barron, Commercial Representative V, to Cambridge, Massachusetts, on or about the period April 12-17, 1988, to attend a seminar on Decision Support and Executive Information Systems; travel of the Risk Manager to Washington, D.C., on or about the period April 17-22, 1988, to attend the Risk
April 5, 1988 - 15 - Management and Employee Benefits Conference sponsored by the Risk and Insurance Management Society; travel of the Manager, Marine Marketing, to Atlanta, Georgia, on or about the period April 18-22, 1988, to attend the International Intermodal EXPO 88; travel of Barbara Szudy, Commercial Representative V, to Dallas, Texas, on or about the period April 18-22, 1988, to attend the Office Park Develpment Course, sponsored by the National Association of Industrial and Office Parks. The re conu iendation was approved on passage of Resolution No. 30636. Recommendation to Approve Resolution Amending the By-Laws and Administrative Rules of the Board of Port Commissioners Relating to Board Actions, Contractual and Other Commitments of the Board and the Port Attorney was the subject of a letter with several attachments to the Board from the Port Attorney notifying the Board that the Executive Director s Operating Committee reviewed and commented upon the proposed amendment to the Board s By-Laws and Administrative Rules as previously submitted by the Port Attorney. As a result of the discussion it was recommended that the By-Laws be amended to provide (1) that Article III be amended to clarify the use of and define an ordinance, resolution and motion and how they relate to creation of a contract or other commitment on the part of the Port, (2) that Article XIII be amended to provide that the Port Attorney is directly accountable to the Board and the Board shall fix and provide for his compensation and that of his staff; (3) that he is responsible for administration of the Port Attorney s office; (4) that the Port Attorney shall personally or through the Port Attorney s assistants, upon request provide legal services on official matters within the Board s jurisdiction to the Executive Director and Port staff; and (5) the Port Attorney, the Executive Director and other officers of the Port shall cooperate so that the Port Attorney may provide effective, timely, cost effective services to the Port. After discussion, the recommendation was approved on passage of Resolution No. 30631,
April 5, 1988 - 16 - Recommendation to Approve Resolution Authorizing Retention of Bond Counsel in Connection with the Issuance of Approximately $75,000,000.00 of Port of Oakland, California, Bond Anticipation Notes to Be Issued in Anticipation of a Subsequent Issue of Port of Oakland 1957 Revenue Bonds Series "5" in An Aggregate Principal Amount of $75,000.00.00 was the subject of a letter to the Board from the Port Attorney notifying the Board that the firm of K Utak Rock Campbell has previously assisted the Port as Bond Counsel, and it was recommended that the Board retain the firm as Special Counsel to the Port Attorney to perform usual duties and necessary legal services as Bond Counsel and Disclosure Counsel for the proposed issuance of approximately $75,000,000.00 of Port Bond Antici- pation Notes. The Recommendation was aproved on passage of Resolution No. 30632. The following reports were discussed and ordered filed: Report of Port Attorney on Litigation Matters Status of Construction Contracts in Progress as of March, 1988 Status of Consultant Contracts in Progress as of March, 1988 Summary of Cash - Port Revenue and Construction Funds as of March 25, 1988. Summary of Claims Paid from Various Funds for the period March 7, 1988 through March 25, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None
"RESOLUTION NO. 30606 OF CONDOLENCE UPON THE PASSING OF HAROLD T. (BIZZ) JOHNSON."
April 5, 1988 - 17 - "RESOLUTION NO. 30607 FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF THE PORT TO PERFORM CERTAIN PUBLIC WORK WITHOUT COMPETITIVE BIDDING, AUTHORIZING THE PERFORMANCE THEREOF AND RATIFYING EMERGENCY REPAIRS." RESOLUTION NO. 30608 FINDING AND DETERMINING THAT A PROPOSED SUPPLEMENTAL AGREEMENT WITH TRA ARCHITECTURE, ENGINEERING, PLANNING, INTERIORS TO INCLUDE THE NORTH AIRPORT IN THE AIRPORT MASTER PLAN/DEVELOPMENT PROGRAM FOR METROPOLITAN OAKLAND INTERNATIONAL AIRPORT CONSTITUTES PROFESSIONAL OR SPECIALIZE!) SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 30609 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF SEWER FOR TRAILERS IN MAIN PARKING LOT, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, AND CALLING FOR BIDS THEREFOR, (CIF NO. A2.0080.01)." "RESOLUTION NO. 30610 FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF THE PORT TO PURCHASE OFFICE WORK STATION SYSTEM COMPONENTS, TO INSTALL SAID COMPONENTS AND TO ACQUIRE OFFICE CASEGOODS FOR THE NEW PORT OFFICE BUILDING WITHOUT COMPETITIVE BIDDING; APPROVING THE SELECTION OF HERMAN-MILLER AS THE SUPPLIER OF THE OFFICE WORK STATION SYSTEM COMPONENTS; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO NEGOTIATE IN THE OPEN MARKET FOR THE INSTALLATION OF THE OFFICE wnpv, STATION SYSTEM COMPONENTSAND THE AnnuISITYIN OF OFFICE CASEGOODS." "RESOLUTION NO. 30611 FINDING AND DETERMINING THAT A PROPOSED SUPPLEMENTAL AGREEMENT WITH BASELINE ENVIRONMENTAL CONSULTING FOR ADDITIONAL ENVIRON- MENTAL SITE CHARAUThRIZATION WORK IN JACK LONDON SQUARE CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 30612 GRANTING CAMMEBY S AIRPORT EXECUTIVE ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30613 GRANTING OAKLAND PORTSIDE ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30614 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO SITE A OFFICE BUILDING COMPLEX LEASE WITH OAKLAND PORTSIDE ASSOCIATES (USE OF ADJACENT PROPERTY FOR CONSTRUCTION SUPPORT AREA)."
April 5, 1988 - 18 - "RESOLUTION NO. 30615 AWARDING CONTRACT TO GROW TREES FOR JACK LONDON SQUARE DEVELOPMENT, OAKLAND, CALIFORNIA.""RESOLUTION NO. 30616 AUTHORIZING EXECUTION OF GRANT OF EASEMENT AGREEMENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT." "RESOLUTION NO. 30617 CONSENTING TO SUBLEASE BY OAKLAND VILLAGE CORPORATION TO BEN BUSSML, JR." "RESOLUTION NO. 30618 GRANTING PERMIT TO AMERICAN PRESIDENT LINES, LTD., TO PERFORM MAINTENANCE DREDGING ON ITS LEASED PREMISES AT BERTHS 60, 61, 62, AND 63 IN THE MIDDLE HARBOR TERMINAL."
"RESOLUTION NO. 30619 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH SEA SURVEYOR, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30620 AWARDING CONTRACT FOR DEMOLITION OF THE PORT-OWNED END OF SCHNITZER PIER NO. 2, INNER HARBOR, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30621 AUTHORIZING EXECUTION OF AGREEMENT WITH HENRY C. LAI." "RESOLUTION NO. 30622 AUTHORIZING EXECUTION OF AGREEMENT WITH PETER K. P. HALL." "RESOLUTION NO. 30623 AUTHORIZING EXECUTION OF AGREEMENTWITH PYUNG SUP CHUNG." "RESOLUTION NO. 30624 AUTHORIZING EXECUTION OF AGREEMENT WITH VAN OMMEREN ROTTERDAM B.V." "RESOLUTION NO. 30625 AUTHORIZING SUBSTITUTION OF ASBESTOS SUBCONTRACTOR FOR DEMOLITION OF BUILDING C-103 AND C-104, SEVENTH STREET TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30626 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH D. LEE EISNER FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT."
April 5, 1988 - 19 - "RESOLUTION NO. 30627 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH GRIGSBY, BRANDFORD CO., INC. AND DINKELSPIEL, BELMONT CO., INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30628 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30629 APPROVING EXAMINATION ANNOUNCEMENT FOR THE POSITION OF ASSISTANT MECHANICAL AND ELECTRICAL ENGINEER." "RESOLUTION NO. 30630 CONCERNING CERTAIN LEAVES OF ABSENCE." "RESOLUTION NO. 30631 AMENDING THE BY-LAWS AND ADMINISTRATIVE RULES OF THE BOARD OF PORT COMMISSIONERS RELATING TO BOARD ACTIONS, CONTRACTUAL AND OTHER COMMITMENTS OF THE BOARD, AND THE PORT ATTORNEY." "RESOLUTION NO. 30632 RATIFYING AND APPROVING APPOINTMENT AND EMPLOYMENT OF SPECIAL COUNSEL." "RESOLUTION NO. 30633 GRANTING EARHART ASSOCIATES PERMISSION MO PERFORM (kRTAINIWIRK." "REsourITTnN NO, 10614 GRANTING HARRISON S BOAT CENTER, INC., PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30635 GRANTING HARRISON S BOAT CENTER, INC., PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30636 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30637 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH GRADE-WAY CONSTRUCTION." "RESOLUTION NO. 30638 ACCEPTING WORK PERFORMED BY GRADE-WAY CONSTRUCTION AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION."
April 5, 1988 - 20 - "RESOLUTION NO. 30639 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH GALLAGHER BURK, INC." "RESOLUTION NO. 30640 ACCEPTING WORK PERFORMED BY GALLAGHER BURK, INC., ASSESSING LIQUIDATED DAMAGES AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." Port Ordinance No. 2803 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 964 RELATING TO LIABILITY FOR LOSS OR DAMAGE", and Port Ordinance No. 2804 being, "AN ORDINANCE APPROVING AND AUTHORIZING THE SIXTH SUPPLEMENTAL AGREEMENT WITH MARINE TERMINALS CORPORATION EXTENDING MANAGEMENT AGREEMENT TERM", and Port Ordinance No. 2805 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH SCHNITZER STEEL PRODUCTS CO. FOR APPROXIMATELY 19,500 SQUARE FEET OF WATER AREA IN THE OAKLAND INNER HARBOR SOUTHEASTERLY OF ADELINE STREET", were read a second time and passed by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 9.112 OF PORT ORDINANCE NO. 867 CREATING ONE ADDITIONAL POSITION OF PORT ELECTRICIAN (PART-TIME)", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH AM-PM SERVICE CO. AND DIRECTING RECORDATION THEREOF", were read a first time and passed to print by the following vote: Ayes: Comtissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None
April 5, 1988 - 21 - Mr. Dan Cassidy, representing Hotel and Restaurant Workers, Local 28, appeared before the Board\ to express his desire to instigate a training and education program for employees who will be working in the Jack London Warterfront development. He noted that funds were available for the purpose he had envisioned and he urged the Board to establish meaningful jobs for the development which would provide for career opportunities. He noted that his own union could not provide the educated, trained personnel required for his industry. President Hunter informed Mr. Cassidy that the Port s interest was always to provide a real asset to the community and he further noted
that he would appoint Commissioners Sweeney, Ward Allen, and himself as a cumaitteeto review potential opportunities in this regard. At the hour of 5:25 p.m. the meeting was adjourned in honor of and out respect to the memory of the late Harold T. (Bizz) Johnson to 4:00 p.m., Friday, April 8, 1988.
The meeting, was reconvened on Friday, April 8, 1988, at the hour of 4:57 p.m. in the office of the Board, Room 376, 66 Jack London Sauare, President Hunter presiding. Commissioners present: Eng, Higgins, Wasserman, and President Hunter - 4 Commissioners absent: Pineda, Sweeney and Ward Allen - 3 Also present were the Deputy Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief Engineer; Director of Aviation; Director of Fiscal Affairs; Director or Administration; and Assistant Secretary of the Board, Jasmine Lim. President Hunter informed the Board that he would call for an immediate closed session for the purpose of discussing personnel matters as provided for under Government Code Section 54957.
April 5, 1988 April 8, 1988 - 22 - The Board entered into closed session at the hour of 4:58 p.m. and reconvened in open session at the hour of 5:35 p.m., at which time the meeting was adjourned to Tuesday, April 12, 1988, at the hour of 4:00 p.m.
The meeting was reconvened on Tuesday, April 12, 1988, at the hour of 4:20 p.m. in the office of the Board, Roam 376, 66 Jack London Square, President Hunter presiding. Commissioners present: Eng, Higgins, Pineda, Wasserman and President Hunter - 5 Commissioners absent: Sweeney and Ward Allen - 2 Also present were the Deputy Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief Engineer; Director of Aviation; Director of Fiscal Affairs; and Assistant Secretary of the Board, Jasmine Lim. President Hunter informed the Board that he would call for an immediate closed session for the purpose of discussing personnel matters as provided for under Government Code Section 54957. The Board entered into closed session at the hour of 4:21 p.m. and reconvened in open session at the hour of 5:34 p.m. Participation in Improvements to Railroad Access Between the Port of Oakland and the Midwest and Beyond was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board of the previously proposed program to provide funding for the necessary modifications to the Union Pacific Railroad System of railroad tunnels to permit the unrestricted movement of high cube containers between the Port of Oakland and the Midwest. In order to facilitate the process it was reccutmended that the Board approve payment to the Union Pacific in accordance with an agreed upon payment schedule up to $10,000,000.00 as the Port s contribution to the improvements. Part of the program includes
April 8, 1988 April 12, 1988 - 23 - an agreement whereby American President Lines will pay to the Port against a comparable payment schedule the sum of up to $5,000,000.00. The Port-Union Pacific agreement also provides: the capital contribution will be for direct costs only, the first payment of $1,000,000.00 would be within five days of the execution of the agreement by the Port with installment payments of $1,000,000.00 each the first day of each subsequent month; Union Pacific will provide written monthly reports on the progress of construction and will advise immediately of any work stoppage or slowdown in progress; work will commence immediately upon execution of the agreement and will improve clearances to 36 tunnels and 7 bridges between Oakland and the Midwest; Union Pacific will reimburse the Port for our prorated share in the event the total project costs are less than $15,000,000.00; the Port s obligation to meet the payment schedule is contingent upon our pending successful sale of financial instruments. The Deputy Executive Director noted the urgency of the need for improvements and that the Union Pacific s contractor was ready to start the work. The recommendation was approved on passage of Resolution No. 30641. Supplemental Agreement Between Port of Oakland and American President Lines, Ltd. was the subject of a memo to the Board from the Deputy Executive Director notifying the Board of negotiations with American President Lines which addressed the assignment of the former U.S. Lines terminal to API, as part of the operation of the combined facility. American President Lines advises that they require the unrestricted movement by railroad of two vertically stacked high cube containers between the Port of Oakland and the Midwest in order to maximize the movement of their container cargoes through the facility. It was recommended that the Board approve an agreement in which their rental obligation for the combined facility shall be increased by an amount equal to one-half of any facility improvement payments made by the Port to the Union Pacific Railroad for this purpose up to a maximum of $5,000,000.00.
April 12, 1988 - 24 - Payments shall be divided into equal installments with the first payment of $500,000.00 due to the Port within five days of the execution of the contract between the Port and the Union Pacific Railroad for the system improvements. The recommendation was approved on passage of Resolution No. 30642. Approval of a Proposed Agreement with Shearson Lehman Brothers, Dean Witter Reynolds, Morgan Stanley Co., Daniels Bell, Pryor Govan
Counts & Co., and W.R. Lazard Co. for Consulting and Underwriter Services Related to the Development of a Port Strategic Financial Plan and Issuance of $75,000,000.00 of Port of Oakland, California, Bond Anticipation Notes was the subject of a memo the Board from the Director of Fiscal Affairs notifying the Board that the Port s evaluation group, consisting of Port co-bond counsel, co-financial advisors, the Executive Director, Port Attorney, and Director of Fiscal Affairs, along with Commissioners Douglas J. Higgins and R. Zachary Wasserman of the Audit and Finance Committee, met with and interviewed representatives of the five groups selected from the twelve proposals received in response to the Port's request for proposals for bond underwriters. The reviewing group felt that the Port had received five outstanding and thoughtful proposals, and it was recommended that the firms of Shearson Lehman Brothers, Dean Witter Reynolds Inc., and Morgan Stanley Co. be selected as co-senior managers for this and follow-up note or bond issues, with the firms to handle the books on each issue to be rotated among the three lead firms. The firms together with the co-financial managers consisting of Daniels Bell Co., Pryor, Govan, Counts Co., W.R. Lazard, and Port staff are also to develop the Port strategic financial plan before July 31, 1988. The management fee is $1.33 per bond, or $100,000.00 for a $75,000,000.00 bond or note issue. The firm of Shearson Lehman Brothers, which includes Whitfield, Inc., a rating agency specialist, will receive a fee of
April 12, 1988 - 25 - $35,000.00; Dean Witter Reynolds Inc., a fee of $20,000.00; Morgan Stanley Co, a fee of $20,000.00; Daniels Bell Co., a fee of $8,333.00; Pryor, Govan, Counts Co., a fee of $8,333.00; and W. R. Lazard, a fee of $8,334.00, totalling $100,000.00. After discussion the recommendation was approved on passage of Resolution No. 30643, with President Hunter voting no. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Wasserman and President Hunter - 5 Noes: None Absent: Commissioners Sweeney and Ward Allen - 2 "RESOLUTION NO. 30641 AUTHORIZING EXECUTION OF CLEARANCE IMPROVEMENT PROJECT AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY." "RESOLUTION NO. 30642
AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT WITH AMERICAN PRESIDENT LINES, LTD."
The following resolution was int11141.r oduced" the following vote: Ayes: Commissioners Eng, Higgins, Pineda and Wasserman - 4 Noes: President Hunter - 1 Absent: Commissioners Sweeney and Ward Allen - 2 "RESOLUTION NO. 30643 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH SHEARSON, LEHMAN HUTTON INC., DEAN WITITER REYNOLDS INC., MORGAN STANLEY 00., DANIFTS SPILL CO., PRYOR, GOVAN, COUNTS CO. , AND W. R. LAZARD CO., FOR CONSULTING AND UNDERWRITING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." At the hour of 5:49 \ p.m. the meeting was adjourned on a motion duly made and seconded.
April 12, 1988 - 26 - RaXILAR MEMING OF THE BOARD OF PORT OOMMISSICNERS
OF 1.1%
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, April 19, 1988, at the hour of 4:17 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:00 p.m. to 4:05 p.m. during which time the Board received a detailed report on the structure for the proposed bond anticipation notes issue and a report on U.S. Customs staffing. Commissioners present: Eng, Higgins, Pineda, Sweeney, Ward Allen, and President Hunter - 6 Commissioners absent: Wasserman - 1 Also present were the Deputy Executive Director; Port Attorney; Chief Engineer; Director of Fiscal Affairs; Director of Aviation; Director of Administration; Director of Public Affairs; Special Assistant to the Executive Director for Trade Relations serving as Assistant Secretary of the Board, and Assistant Secretary of the Board, Jasmine Lim. Visitors attending the meeting included Mr. Arnold Bellow, representing Oakland Business Development Corporation, and Mr. John Guillory, representing Tidewater Properties. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: pending litigation involving Oakland Airport fill litigation (People of the State of California, ex rel. John K. Van De Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John O. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and
PORT COrt11710NE?
:E .:U. OP
OS. ORDERED
.1S Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEE) as provided for under Governnment Code §54956.9 (a); pending litigation Regional Water Quality Control Board s Proposed Wetland Implementation Guidelines for the San Francisco Bay Region; Regional Water Quality Control Board s asserted permit jurisdiction over the Port of Oakland Distribution Center, as provided for under Government Code §54956.9 (b) (1) and (2) ; and pending litigation as provided for under Government Code §54956.9 (b) and (c). Adoption of FAR Part 150 Noise Exposure Maps and Noise Comuati- bility Program for Cekland International Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Federal Aviation Regulations (FAR) Part 150 provides guidelines for an airport operator to develop a noise compatibility and land use program in order to reduce existing non-compatible land uses and to prevent the introduction of new non-compatible land uses around airports. A Noise Compatibility Study for Metropolitan Oakland International Airport was initiated in December 1985, in anticipation of future aircraft operations growth at Oakland Airport which would serve to identify potential noise problems and find appropriate solutions. The information generated by the study would be used to determine the necessary steps for the airport to remain in compliance with the California State noise regulations. The firm of Peat Marwick Airport Consulting Services was retained by the Port to perform the study. The study is complete, and it was re coma ended that the Board adopt the FAR Part 150 Noise Exposure Maps and Noise Compatibility Program for Metropolitan Oakland International Airport. The study was assisted by Airport and Port of Oakland staff, local planning officials, FAA air traffic control personnel, airport users, and local citizens affected by aircraft operations. The Project Coordination Committee held several
April 19, 1988 - 2 - meetings, and program status reports were presented on a quarterly basis to the Noise Abatement Task Force. Public information meetings to acquaint Alameda, San Leandro, and Oakland residents with the FAR Part 150 Program were also held. The draft report was widely circulated and appropriate comments were included in the final report. The Noise Compatibility Program is a compilation of both noise abatement and noise mitigation measures formulated from the extensive input from community representative, Port staff, Airport users, the FAA and the Public-at- large. Most of the measures, such as recommended noise abatement traffic patterns at North Field; nighttime aircraft engine run-up procedures; noise monitoring systems; and quarterly public meetings of the Noise Abatement Task Force, are procedures currently in effect and will be continued and/or strengthened under the proposed program. Following Board adoption of the FAR Part 150 program and subsequent to formal program submittal to and approval by the FAA, the Oakland Airport and nearby communities can become eligible for FAA grants to fund future noise mitigation measures such as purchase of noise monitoring equipment or noise easements , and acoustic insulation of homes, etc. The recommen- dation was approved on passage of Resolution No. 30644. During discussion, Commissioner Higgins noted that the procedure for the Noise Compatibility Program was a good program in that it had ample input from residents concerned about the program. He suggested that the outreach program be continued between the airport users and the affected neighbors. Commissioner Sweeney moved the conceptas a motion which could also include semi-annual reports on environmental issues and an appropriate plan for action for all areas of the Port including airport and maritime issues. The motion was seconded and passed unanimously.
April 19, 1988 - 3 - Proposed 1988 Airline Rates and Charges was the subject of a memo to the Board from the Director of Aviation notifying the Board of the negotiations with the Airline Negotiations Committee, and recommending approval to establish the airport rates for 1988. The new rates cover Landing Fees, Aviation Space Rental, and Non-Aviation Space Rental. The rate increases suggest recovery of 95% of the field and ramp cost center and 91% of the terminal cost center. The recommendation was approved on an Ordinance passed to print. Agreement to Provide Technical Services for Removal of Asbestos from Terminal I, South Airport was the subject of a memo to the Board from the Chief Engineer notifying the Board that Terminal I contains asbestos acoustical ceiling plaster and floor tile in areas that are scheduled to be remodeled. The Port has little experience in asbestos removal, and it was recommended that the Board enter into agreement with Hygienetics, Inc. to provide consulting services for the asbestos removal. The firm will be reimbursed for the cost of direct salaries plus fringe benefits and overhead costs, direct reimbursable expenses, direct costs of subconsultant serivces, plus a fixed fee of $14,640.00. The maximum payment under the proposed agreement would be $197,976.00, with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30663. Lease Termination and Purchase of Clorox Leasehold was the subject of a memo to the Board from the Director of Aviation notifying the Board that the Clorox Company entered into a 25-year ground lease with the Port in September 1982 to build and occupy a corporate jet facility. The Facility is a 2.8-acre site consisting of a 17,280sf pre-engineered steel frame hangar, including 3,000sf of office area, a 20,580sf concrete apron, 27,000sf of asphalt paving, and 23,700sf of landscaping, at a present monthly rental of $2,524.47. The Clorox Company has given
April 19, 1988 - 4 notice of desire to terminate its leasehold leasehold on the hangar facility as the firm plans to discontinue the operation of the Clorox Corporate Aviation Department. As the facility is adjacent to Taxiway 5 and the air cargo area, there have been expressions of interest from air cargo carriers to occupy the site. A proposal to terminate the lease and purchase the remaining leasehold has been negotiated with Clorox, and it is recommended that the Board approve the preparation of a lease termination agreemnt. Basic provisions in the agreement include a purchase price of $1,150,000.000, payable in cash at closing no later than May 31, 1988; Clorox will pay rent pursuant to the lease through April 30, 1988 and will not be required to pay lease rental thereafter to closing; Clorox will pay its pro rata share of possessory interest taxes based upon the portion of the taxable year through closing; and the first right of refusal on the expansion area would be terminated. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Building Permit Application, Ameriflight, Inc. Hangar 2-0, Port Building L-230, North Airport was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of certain interior improvements to their space occupied in Hangar 2-D, North Airport. The estimated cost of the proposed work is $200,000.00. The project is categorically exeml3t and and Environmental Impact Report is not required. The recommendation was approved on passage of Resolution No. 30645. Contract Ccapletion, Replacement of Dipspl Engine for the Runway Lighting System Emergency Generator, South Airport was the subject of a memo to the Board from the Chief Engineer recommending that the contract
April 19, 1988 - 5 - with Bayside Equipment Company be extended 60 calendar days to February 10, 1988, and accepted as complete as of that date with a contract price of $92,668.96. The recommendation was approved on passage of Resolution No. 30646 for time extension and Resolution No. 30647 for accepting work.
Tidewater Properties - Amendment to the Option Agreement was the subject of a memo to the Board from the Director of Properties notifying the Board that Tidewater Properties is a joint venture of Guilltone Properties, Ltd. (90%), a California Limited Partnership and Oakland Business Development Corporation (10%), a California non-profit public benefit corporation cm= has a lease option agreement to lease 5.6 acres of vacant land on Tidewater Avenue and Lesser Street which expires June 4, 1988. Tidewater Properties proposed to develop three industrial buildings that are designed to accommodate a range of companies from the small start-up business to the established mid-size companies. The construction cost is estimated at $5.9 million. At present, the proposed financing for the project is through a conventional loan of $3.9 million that presently has a condition that 40% of the project be pre-leased. The equity investment is $500,000.00 and the balance of $1.6 million is to be financed by an Urban Developuent Action Grant (UDAG) Loan. During discussions with Tidewater, the Oakland Business Development Corporation requested that the Port establish a trust fund to finance small business/minority/women enterprises in the Port area. ho the Tidewater project, in addition to the proposed trust fund, fulfills many of the Port s objectives, it was recommended that the staff be authorized to negotiate with Tidewater Properties and Oakland Business Development Corporation for 45 days for the implementation of the Port of Oakland Small Business/Minority/Women Trust Fund, Presently CBDC administers a program for the City of Oakland which originally funded the program with a $1,000,000.00 grant plus an operational budget. However, their program has not been utilized in the Port area. In lieu of the Port making a cash contribution, the fund would
April 19, 1988 - 6 - be initially capitalized by leasing to OBDC the 5.6 acre site at Tidewater Avenue for $1.00 per year for 55 years. OBDC could then sublease the site to Tidewater Properties subordinated to the conventional loan and in conjunction negotiate a significant ownership and participation in the cash flow and equity distribution. These funds would be part of OBDC Revolving Port Trust Fund. In addition, the Port would request the City to have the repayment of the UDAG $1.6 million loan and interest from this project be included in the Port s Trust Fund. It was noted that there were several areas of study remaining before the proposal could be finalized. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Building Permit Application, Lobby, Concession Area, Game Roam, Century 21/24 Theatres, Oakport Street was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of certain interior improvements in the lobby of the existing theatres. The estimated cost of the proposed improvements is $50,000.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30648. Union Pacific Railroad-Second Supplemental Agreement was the subject of a memo to the Board from the Director of Properties notifying the Board that Union Pacific Railroad Company currently occupies 90.95 acres in the Outer Harbor area under a lease that expires in August, 2010, Union Pacific has requested that the Port allow it to provide self- insurance for the $1,000,000.00 insurance coverage required under the existing lease. As the request is financially acceptable, it was recommended that the Board approve the execution of the Second Supplemental Agreement providing for self-insurance. The recommendation was approved on passage of Resolution No. 30649.
April 19, 1988 - 7 - G-A.C.C. Express, Inc. - License Agreement Renewal was the subject of a memo to the Board from the Director of Properties recommending approval to renew their agreement for 96,560 square feet of land at the foot of 5th Avenue used as a storage yard for empty cargo containers, trucks and chassis, at a new monthly rent of $1,592.25. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Jal Vue Window Corporation - License Agreement Renewal was the subject of a memo to the Board from the Director of Properties recommending approval to renew their agreement for 46,150 square feet of warehouse space and yard area at 6th Avenue and Embarcadero used for their window manufacturing and related business for a new monthly rent of $5,375.70. The recommendation was approved on a motion by Comutissioner Higgins, seconded and passed unanimously. KIVU-License Agreement Renewal was the subject of a memo to Board from the Director of Properties recommending approval to renew their agreement for 6,000 square feet of warehouse space in Building H-108 at 5th Avenue and Embarcadero at a new monthly rental of $1,042.60. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously.
Oakland Portside Associates - Extending Loan Closing Date was the subject of a memo to the Board from the Director of Properties notifying the Board that the Bridge Agreement between the Port and Portside Properties contains a clause stating that the loan with Banker s Trust Company must be finalized by April 30, 1988. The time estimated to conclude negotiations has exceeded the estimate but all parties expect the loan agreement to be executed no later than May 31, 1988. It was recommended that the Board authorize the Executive Director to enter into
April 19, 1988 - 8 - an agreement with Portside Properties which would extend the loan closing date to May 31, 1988. The recommendation was approved on passage of Resolution No. 30665. Oakland Portside Associal-Ps - Amendments to Lease and Related Development Agreements was the subject of a memo to the Board from the Director of Properties recommending approval of certain changes in the leases and related agreements to reflect certain changes requested by Banker s Trust Company in regards to the $40,000,000.00 loan commitment. The changes basically relieve OPA, while the Port is a partner, of of performance deposit requirements for the various leases and references automobile parking provisions in the Gallagher Block and other technical provisions. The recommendation was approved on passage of Resolution No. 30666. Supplemental Agreement For ERIK Consultants to Perform Additional Services Required By California Remedial Action Order, Dennison Street and Etribarcadero was the subject of a memo to the Board from the Chief Engineer notifying the Board that the Port property located at the corner of Dennison Street and Embarcadero is contaminated with pentachlorophenol (PCP) and the State of California has included the site on the State of California Superfund List of Hazardous Waste Sites. As the State has implemented more regulations and refined its procedures pertaining to Superfund sites, it has become necessary to comply with increasing requirements of the Department of Health Services, Toxic Substances Control Division. The Port has retained ERM Consultants since 1985 to investigate the site. The State issued a Remedial Action Order pertaining to the clean-up process for the site, naming the Port as the land owner, and Monsanto Chemical Company Responsible Parties. ERM-West has estimated that additional work consisting of field work, laboratory analysis, community relations, report preparation, feasibility study, remedial action plan, public hearings, etc., will amount to $755,000.00. It was
April 19, 1988 - 9 recommended that the Board authorize a supplemental agreement for the additional work and increase the maximum compensation that can be paid to ERM by $755,000.00, with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30671, Contract Completion, Construction of Metal Canopy, Charles P. Howard Terminal was the subject of a memo to the Board from the Chief Engineer notifying the Board of the contract with Beneco Enterprises and that during construction the firm added four subcontractors to the job in ignorance of California Law. Although there did not appear to be any major violation of the contractor-subcontractor price regulations, the Port did incur certain additional staff costs due to the addition of the four subcontractors. It was recommended that the contract be extended nine calendar days; and accepted as complete as of March 9, 1988; the Contractor be assessed a penalty of $1,500.00 for violating the provisions of the contract regarding subcontractors; and that the Contractor be paid $172,821.81 for the work. The recommendation was approved on passage of Resolution No. 30650 for time extension and Resolution No. 30651 for accepting contract. Authorization to Execute Memorandum of Understanding with Navy Pertaining to the Lease of Certain Areas of the Naval Supply Center - Oakland was the subject of a memo to the Board from the Deputy Executive Director notifying the Board of negotiations with the Navy which would allow for the Navy to consolidate its operations into a core area of the base, with the Port to develop additional facilities to support maritime acitivities and supply the Navy with an improved facility at the termination of the lease. The enabling legislation providing for the lease by the Port of up to 195 acres has been signed into law, and it was recommended that the Memorandum of Understanding with the Navy concerning the lease of portions of the Naval Supply Center be approved which will
April 19, 1988 - 10 - lead to the lease negotiations with the Navy. The major elements of the Memorandum of Understanding (MOU) include: the Navy agrees to initially lease approximately 130 acres to the Port at fair market rent for 25 years, with an option by the Port to extend for a certain period of time to be determined; the Port agrees to pay the Navy a negotiated amount for relocation expenses, and to construct or fund a negotiated amount for replacement facilities; the Port and/or its sublessees will develop the lease area as an intermodal rail facility which is capable of handling the Navy s minimum throughput requirements and designed to add substantially to the Port s rail capacity for the future; the Navy and the Port agree to share the expenses of a promotional brochure and a joint Environmental Impact Statement (EIS) and Environmental Impact Report (EIR); the lease execution will be contingent upon the Secretary of the Navy s determination to omit unilateral revocation of the lease as being in the best interest of the national defense and the public which will protect the substantial investment in improvements anticipated to be made on the property by the Port and/or its sublessees. The recommendation was approved on a motion by Commiirlin,=r Eng, seconded and passed unanimously.
Contract Cowletion, Construction of Entrance and Directory Signs for Harbor Terminal was the subject of a memo to the Board from the Chief Engineer recommending that the contract with Arrow Sign Company be extended 20 calendar days and accepted as complete as of October 13, 1987, with a contract price of $102,944.97. The recommendation was approved on passage of Resolution No. 30652 for time extension and Resolution No. 30653 for accepting contract. Contract Completion, Furnishing and Installing Harbor Terminal Directional Signs was the subject of a memo to the Board from the Chief Engineer recommending that the contract with the Chrisp Company be extended 27 calendar days and accepted as complete as of September 23, 1987, with a contract price of $73,750.00. The recommendation was approved on passage of Resolution No. 30667.
April 19, 1988 - 11 - Approval of Change Order for Drainage Modifications, Construction of Phase III Yard Improvements, Charles P. Howard Terminal was the subject of a memo to the Board from the Chief Engineer recommending approval of a change order to Gallagher Burk to install a slotted drainage system around electrical substation 1H/1J at the Charles P. Howard Terminal in the amount of $18,735.89. The recommendation was approved on passage of Resolution No. 30668.
Approval to Dispense with Bids, Construction of New Entrance Gate at Berths 8, 9 and 10, Bay Bridge Terminal was the subject of a memo to the Board from the Chief Engineer notifying the Board that the Port presently leases Berths 8 and 9 from the Army and together with Port-owned Berth 10, make up the Bay Bridge Terminal. The Army identified Bataan Street as a central entry into the Oakland Army Base, and the Army gave the Port permission to use Bataan Street to access the entrance to the Bay Bridge Terminal. Due to the amount of truck traffic, the Army has requested the use of Bataan Street be discontinued and that a new entrance be constructed along Burma Road to serve the terminal. As the Army s request is urgent, it was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures and to accomplish the work through a combination of force account work by Port forces and informal quotations from contractors. The work to provide a new entrance gate includes paving a 40-foot wide roadway across existing railroad tracks, installation of sliding gates, relocation of a guardhouse, patching deteriorated pavement and installation of directional signs, all estimated to cost $95,000.00. The recommendation was approved on passage of Resolution No. 30654. Approal TO Dispense With Bids for Purchase of Spreader for Berth 25 Container Crane, Outer Harbor was the subject of a memo to the Board from the Chief Engineer notifying the Board that the headblock on Paceco crane #710, Outer Harbor, was broken into two pieces, and the telescopic
April 19, 1988 - 12 - spreader separated into two sections, breaking the electrical and hydraulic lines and causing extensive structural damage. In order to immediately repair the crane, the Chief Engineer ordered a spreader from Bromma-Ropco, a manufacturer regularly engaged in the manufacture of spreaders and the supplier of many of the Port s existing spreaders. Bromma-Ropco offered to modify an existing spreader to meet Port standards and ship the spreader to Oakland within two weeks if the order was received by April 12, 1988, at a price of $91,000.00. The accident is still being investigated, and it is expected that it will be some time before responsibility for paying for the damage is determined. Due to the emergency nature of repairing the crane, it was recommended that the Board ratify the action of the Chief Engineer to dispense with formal bidding procedures and purchase a new spreader through a purchase order contract. The recommendation was approved on passage of Resolution No. 30655. Lease For Far East Office was the subject of a memo to the Board from the Deputy Executive Director notifying the Board of the Port s lease with Yusen Kogyo Kabushiki Kaisha for rental of 43.41 square meters or 467 square feet of office space in Tokyo, and recommending approval to renew the agreement for the next two-year period at Y505,400 per month. The recommendation was approved on passage of Resolution No. 30656. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Merritt C. Miller, as Semiskilled Laborer, effective April 20, 1988, at $2,317.00 per month; and Jack R. Beran, as Port Electrician Part-Time, effective April 20, 1988, at $20.36 per hour. Also recommended was a military leave of absence for Henry Melendres, Port Personnel Analyst, for 3 working days. The recommendations were approved on passage of Resolution No. 30657 for appointments; and Resolution No. 30658 for leave of absence.
April 19, 1988 - 13 - Travel Authorization contained in a memo to the Board from the Director of Administration recommended the travel of Jane Keegan, Commercial Representative III, to Washington, D. C., on or about April 18, 1988, to attend the Risk Management and Employee Benefits Conference sponsored by the Risk and Insurance Management Society, Inc.; the Equal Opportunity Cfficer, to Fort Worth, Texas, on or about April 23, 1988, to attend the National Forum of Black Public Administrators Annual Conference; the travel of Commissioners Higgins, Wasserman, Hunter, Eng and the Executive Director, to Washington, D.C., on or about April 25, 1988, to attend the Airport Operators Council International Congressional Briefing, Reception, and Dinner; the travel of the Cargo Marketing Manager, to Jersey City, New Jersey; New York City, New York; and Atlanta, Georgia, on or about April 25 - 29, 1988 for trade promotion purposes; the travel of Special Assistant to the Executive Director, George Watson, to Washington, D.C., on or about April 26, 1988, to attend the Airport Operators Council International Special Security Meeting; the travel of the Port Attorney to Atlanta, Georgia, on or about May 1, 1988, to attend the Government Finance Officers Association Conference; and the travel of David Hayes, Junior Environmental Planner, to Seattle, Washington, on or about April 19, 1988, to meet with consultants, the Environmental Protection Agency and the U.S. Army Corps of Engineers regarding the Inner Harbor Channel Project. The recommendation was approved on passage of Resolution No. 30662. Amendment to Port Ordinance No. 1606 was the subject of a letter to the Board from the Port Attorney notifying the Board that the ordinance formulates and establishes conditions and procedures for bidding, contracting and purchasing pursuant to Section 610 of the Charter and that Sections 1 and 3 of the ordinance is silent on a definition of "available funds". In order to more accurately define the term "available funds", it was reconauended that the ordinace be amended to identify the net amount to
April 19, 1988 - 14 - be received from a bond purchase contract as funds available for purposes of letting contracts and encumbering fund balances in the Port s accounts. The recommendation was approved on an ordinance passed to print. At the hour of 4:45 p.m. the Board entered into closed session as previously announced by President Hunter, and reconvened in open session at the hour of 5:15 p.m. Recommendation to Adopt Resolution in Oposition to Regional Water Quality Control Board s Proposed Wetland Implementation Guidelines for the San Francisco Bay Region was the subject of a memo to the Board from the Chief Engineer notifying the Board that the California Regional Water Quality Control Board, San Francisco Bay Region, adopted certain amendments to its Basin Plan, including a prohibition against discharge of earthen materials in "wetlands". After internal review the Regional Board by these provisions requires a Regional Board permit for filling "wetlands" with earthen material, even though the U.S. Army Corps of Engineers has determined that the Corps has no permit jurisdiction because there exist no "wetlands" in the area known as the Distribution Center. The State Board, among other things, approved the Regional Board s amendments with the understanding that the Regional Board s amendments are (1) based upon EPA s definition of wetland (which is the same as the Corps definition) and (2) with the requirement that the Regional Board adopt implementation guidelines for determining wetlands value and submit them to the State Board for approval no later than April 1, 1988. In the early 1970 s the Port had filled all of the Distribution Center with an average of 7 feet of earthen material. The Corps had previously determined in 1986 that no "wetlands" exist on the site under the Corps/EPA "wetlands" definition, and that EPA, in light of the Corps determination, withdrew and declared null and void its Findings of Violation and Order for Compliance regarding this site. It was further noted that the proposed regulations by the Regional Water Quality Control
April 19, 1988 - 15 - Board are not in public policy or law, and which is lacking in experience and trained staff, to be questioning the expert federal regulatory bodies (Corps and EPA) by reapplying the federal wetland regulations after the federal agencies have determined that there are no wetlands. It was recommended that the Board pass a resolution which authorizes the Chief Engineer and Special Assistant to the Executive Director, and the Port s Special Counsel, Washburn Kemp, to submit to the Regional Board the Port s opposition to the proposed guidelines, including a certified copy of the resolution. The recommendation was approved on passage of Resolution No. 30664. Award of Contract, Dredging of the Oakland Inner Harbor Channel to Elevation -38 Feet, M.L.L.W. was the subject of a memo to the Board from the Chief Engineer notifying the Board of the three bids received and recommending award of the contract to Great Lakes Dredge Dock Co., the low bidder at $1,428,750.00. It was noted that the permits for the project are expected by April 28, 1988, and notice to proceed will be held up until the permits have been received. The recommendation was approved on passage of Resolution No. 30669. The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of April 8, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the Month of March 1988. Accounts in Arrears as of April 15, 1988 Delinquent Accounts Referred to Legal Reported as of April 8, 1988. Summary of Claims Paid from Various Funds for the Period March 28, 1988 through April 12, 1988.
April 19, 1988 - 16 - The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen and President Hunter - 6 Noes: None Absent: Commissioner Wasserman - 1
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ADOPTIN Tr-Tr pAp DAT) lcn mnTgp PXPOSURE MAPS Amn rnmpAmTpTLTTY PROGRAM FOR MPTRnPnT.TmAm nARTAND INTERNATIONAL AIRPCPT_I, "RESOLUTION NO. 30645ractors GRANTTNG AMERIFLIGHT, INC.. PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30646 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH BAYSIDE EQUIPMENT CO." "RESOLUTION NO. 30647 ACCEPTING WORK PERFORMED BY BAYSIDE EQUIPMENT 00. AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30648 GRANTING EDGEWATER HYATT CORPORATION PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30649 AUTHORIZING EXECUTION OF SECOND SUPPLEMENTAL AGREEMENT WITH THE UNION PACIFIC RAILROAD COMPANY AND DIRECTING RECORDATION THEREOF." "RESOLUTION NO. 30650 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH BENECO ENTERPRISES." "RESOLUTION NO. 30651 ACCEPTING WORK PERFORMED BY BENECO ENTERPRISES, ASSESSING CONTRACTUAL PENALTY AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30652 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH ARROW SIGN CO." "RESOLUTION NO. 30653 ACCEFIING WORK PERFORMED BY ARROW SIGN CO. AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION."
April 19, 1988 - 17 - "RESOLUTION NO. 30654 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO PERFORM CERTAIN PUBLIC WORK WITHOUT COMPETITIVE BIDDING AND AUTHORIZING THE PERFORMANCE THEREOF." "RESOLUTION NO. 30655 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PURCHASE A SPREADER FOR BERTH 25 CONTAINER CRANE, OUTER HARBOR, OAKLAND, CALIFORNIA, THROUGH A PURCHASE ORDER CONTRACT." "RESOLUTION NO. 30656 AUTHORIZING EXECUTION OF LEASE EXTENSION AGREEMENT WITH YUSEN KOGYO KABUSHIKI KAISHA FOR FAR EAST OFFICE." "RESOLUTION NO. 30657 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30658 RATIFYING GRANTING MILITARY LEAVE OF ABSENCE TO HENRY MELENDRES, PORT PERSONNEL ANALYST." "RESOLUTION NO. 30659 AUTHORIZING ACCEPTANCE OF CLAIM OF MARSHALL KUHR." "RESOLUTION NO. 30660 AUTHORIZING ACCEPTANCE OF CLAIM OF AMY LEVINE." "RESOLUTION NO. 30661 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30662
CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30663
FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH HYGIENETICS, INC. FOR PROVISION OF TECHNICAL SERVICES FOR REMOVAL OF ASBESTOS FROM TERMINAL I, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 30664 OF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAND OPPOSING REGIONAL WATER QUALITY CONTROL BOARD S PROPOSED WETLANDS IMPLEMENTATION GUIDELINES FOR THE SAN FRANCISCO BAY REGION."
April 19, 1988 - 18 - "RESOLUTION NO. 30665 APPROVING AND AUTHORIZING EXTENSION OF LOAN CLOSING DATE FOR OAKLAND PORTSIDE ASSOCIATE S JACK LONDON SQUARE DEVELOPMENT." "RESOLUTION NO. 30666
APPROVING AND AUTHORIZING EXECUTION OF • M 111 TO LEASES AND RELATED DEVELOPMENT AGREEMENTS WITH OAKLAND PORTSIDE ASSOCIATES." "RESOLUTION NO. 30667 ACCEPTING WORK PERFORMED BY CHRISP COMPANY FOR FURNISHING AND INSTALLING HARBOR TERMINAL DIRECTIONAL SIGNS, OAKLAND, CALIFORNIA, EXTENDING TIME FOR PERFORMANCE OF CONTRACT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30668 APPROVING AND AUTHORIZING ISSUANCE OF CHANGE ORDER IN CONTRACT WITH GALLAGHER BURK FOR CONSTRUCTION OF PHASE III YARD IMPROVEMENTS, CHARLES P. HOWARD TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30669 AWARDING CONTRACT FOR DREDGING OF THE OAKLAND INNER HARBOR CHANNEL TO ELEVATION -38 FEET, M.L.L.W., OAKLAND, CALIFORNIA." "RESOLUTION NO. 30670 RATIFYING AND APPROVING APPOINTMENT AND EMPLOYMENT OF SPECIAL COUNSEL." "RESOLUTION NO. 30671 APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT FOR ERM CONSULTANTS TO PERFORM ADDITIONAL SERVICES REQUIRED BY CALIFORNIA REMEDIAL ACTION ORDER." Port Ordinance No. 2806 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF LEASE WITH AM-PM SERVICE CO. AND DIRECTING RECORDATION THEREOF", and Port Ordinance No. 2807 being, "AN ORDINANCE AMENDING SECTION 9.112 OF PORT ORDINANCE No. 867 CREATING ONE ADDITIONAL POSITION OF PORT ELECTRICIAN (PART-TIME), were read a second time and passed by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen and President Hunter - 6 Noes: None Absent: Commissioner Wasserman - 1
April 19, 1988 - 19 - Port Ordinance No. being, "AN ORDINANCE AMENDING SECTIONS 2, 3, 4, 10, 10.1 AND 10.12 OF PORT ORDINANCE No. 1149 RELATING TO CHARGES FOR USE OF FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT", and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE No. 1606 FORMULATING AND ESTABLISHING CONDITIONS AND PROCEDURES FOR BIDDING, CONTRACTING AND PURCHASING", were read a first time and passed to print by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen and President Hunter - 6 Noes: None Absent: Commissioner Wasserman - 1 At the hour of 5:20 p.m. the meeting was adjourned on a motion duly made and seconded with the notation that a special meeting would be called for upon completion of the documents for the issuance of Bond Anticipation notes for Port financing.
April 19, 1988 - 20 - SPECIAL MEETING Cr THE BOARD OF PORT COMMISSIONERS OF THE crrY OF OAKLAND
President Hunter called for a Special Meeting of the Board to be held on Thursday, April 28, 1988, at the hour of 4:00 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California. The Board was properly notified and appropriate posting of the meeting notice occurred. The business to be transacted regarded: 1. An Ordinance Amending Sections 2, 3, 4, 10, 10.1 and 10.12 of Port Ordinance No. 1149 relating to charges for use of facilities at Metropolitan Oakland International Airport. 2.
2. An Ordinance Amending Sections 1 and 3, of Port Ordinance No. 1606 defining "funds available" and identifying the net amount received from a Bond Purchase Contract as funds available for purposes of letting contract and encumbering fund balances in the Port s accounts.
3. Action on documents connected with the issuance of $75,000,000 Port of Oakland, California, Subordinated Adjustable Rate Revenue Bond Anticipation Notes Series 1988A and 1988B, including: A Resolution Authorizing the Issuance of the Bond Anticipation Notes. A Resolution Authorizing the Issuance of the Bonds. A Resolution Authorizing Execution of a Bond Purchase Contract.
A, Resolution Authorizing Appointment of a Letter of Credit Bank. A Resolution Authorizing Appointment of a Trustee. A Resolution Authorizing Execution of a Trust Indenture Agreement; Schedule and other activities related to Sale of Bonds. The special meeting was held as called, Thursday, April 28, 1988 at the hour of 4:28 p.m. in the office of the Board, President Hunter presiding. Commissioners present: Eng, Higgins, Sweeney, Wasserman Ward Allen, and President Hunter - 6 Commissioners absent: Pineda - 1 Also present were the Executive Director, Port Attorney, Director of Fiscal Affairs, Director of Aviation, Director of Public Affairs, Special Assistant to the Executive Director, Gerald Pope, and Secretary of the Board. The Director of Fiscal Affairs reviewed the progress for the issuance of the Port s $75 million Revenue Bond Anticipation Note and noted that the schedule was still in effect. Resolution Finding and Determining that a Proposed Agreement with The Sumitomo Bank, Limited to Serve as Letter of Credit Bank Constitutes Professional or Specialized Services; and Authorizing Execution of Said Agreements was the subject of a memo to the Board from the Executive
Director notifying the Board that a letter of credit to cover the total of the two note issues aggregating $75,000,000 plus interest is necessary for the issuance of the Bond Anticipation Notes. Proposals were received from four banks, and it was recommended that The Sumitomo Bank, Limited be authorized to provide a direct pay letter of credit supporting Port of Oakland Subordinated Adjustable Rate Revenue Bond Anticipation Notes Series 1988 A and Series 1988 B. It was noted that the bank currently provides the letter of credit for the 1984 variable rate bonds of $85,000,000 and has offered to modify the existing agreement on the ACES for the remaining term of the ten year letter of credit, which could result in a reduction in cost to the Port on this credit of about $40,000 annually. The recommendation was approved on passage of Resolution No. 30672.
April 28, 1988 - 2 - Resolution Finding and Determining that a Proposed Agreement with State Street Bank and Trust Company of rnlifornia, N.A. for Trustee and Other Such Services Constitutes Professional or Specialized Services; and Authorizing Execution of Said Agreements was the subject of a memo to the Board from the Executive Director notifying the Board that the proposed issue of Revenue Bond Anticipation Notes requires the appointment of a trustee, registrar, paying and tender agent, and that several proposals were received. It was recommended that the State Street Bank and Trust Company of California be authorized to serve as trustee, registrar, paying and tender agent for the proposed issue of Port of Oakland Subordinated Adjustable Rate Revenue Bond Anticipation Notes Series 1988 A and Series 1988 B. The recommendation was approved on passage of Resolution No. 30673. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Sweeney, Wasserman, Ward Allen and Hunter - 6 Noes: None Absent: Commissioner Pineda - 1 "RESOLUTION NO. 30672 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH THE SUMITOMO BANK, LIMITED TO SERVE AS LEITER OF CREDIT BANK CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENTS." "RESOLUTION NO. 30673
FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH STATE STREET BANK AND TRUST COMPANY OF CALIFORNIA, N.A. FOR TRUSTEE AND OTHER SUCH SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT."
April 28, 1988 - 3 - Port Ordinance No. 2808 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 1606 FORMULATING AND ESTABLISHING CONDITIONS AND PROCEDURES FOR BIDDING, CONTRACTING AND PURCHASING", and Port Ordinance No. 2809 being, "AN ORDINANCE AMENDING SECTIONS 2, 3, 4, 10, 10.1 AND 10.12 OF PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF FACILITIES AT MhaVOPOLITAN OAKLAND INTERNATIONAL AIRPORT", were read a second time and passed by the following vote: Ayes: Comuissioners Eng, Higgins, Sweeney, Wasserman, Ward Allen and President Hunter - 6 Noes: None Absent: Commissioner Pineda 1 There being no further business posted for the special meeting, the meeting was adjourned at the hour of 4:40 p.m.
„. 4 Secretary
April 28, 1988 - 4 - REGULAR MEETING OF THE BOARD OF ART COVELESSICNERS CE THE CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, May 3, 1988, at the hour of 4:29 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. Commissioners present: Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Commissioners absent: None Also present were the Executive Director, Deputy Executive Director, Port Attorney, Assistant Port Attorney, Thomas Clark, Chief Engineer, Assistant Chief Engineer, Director of Properties, General Manager, Marine Terminals, Director of Aviation, Director of Administration, Director of Public Affairs and Secretary of the Board. The minutes of the regular meeting of March 15, 1988, were approved as submitted and ordered filed. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing pending litigation involving California Toxics Action (dba Citizens for Better Environment) et al. v. Port of Oakland, Alameda County Superior Court Action No. 637733-1; and Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and the Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS as provided for under Government Code Section 54956.9(2).
New License Agreement - Alaska Airlines, Inc. was the subject of a memo to the Board from the Director of Aviation recommending approval of a new agreement to cover the relocation of their ticketing area in Terminal I to an area between United and Continental Airlines. The agreement covers counter, office, baggage make-up, and baggage belt at a new monthly rental of $10,331.86. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously.
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.S"FiETARy New License Agreement - Wings West Airlines was the subject of a memo to the Board from the Director of Aviation notifying the Board that Wings West entered into a long-term cooperative marketing agreement with American Airlines which gave it the exclusive right to provide interconnecting passenger feeder service with American Airlines within the seven western states. The airline has requested to rent Building L-811 and a portion of Building L-820 at the North Airport as a maintenance base for its air carrier operations. It was recommended that the Board approve a new agreement to cover office, shop, hangar, apron, and paved parking at the site for a new monthly rental of $11,519.09.
New License Agreement - Helicopters Unlimited was the subject of a memo to the Board from the Director of Aviation recommending approval of a new agreement covering office, hangar, apron, and parking area at Building L-118 North Airport used for its helicopter sales, leasing, air taxi and maintenance services business at a new monthly rent of $4,530.82. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. License Agreements Renewals - Tower Avionics Center was the subject of a memo to the Board from the Director of Aviation recommending approval of a new agreement for Bays "A" and "B" of Building L-810, North Airport which includes office, hangar, shop and storage, apron, and paved parking at a new monthly rental of $11,146.37, which includes a rental credit of $1,469.41. Tower will also occupy Bays "C" and "D" of the building which includes office, hangar, shop/storage, apron, and paved parking at a new monthly rate of $9,960.13. The hangar will be used for the sale and service of avionic equipment. It was noted that Tower experienced significant financial difficulty in 1987 and that they were current in their repayment plan. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously.
May 3, 1988 - 2 Building Permit Application, Alaska Airlines, Terminal I - Port Building M-101 was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of new ticket counter, office, and baggage make-up areas in Terminal I. The estimated cost of the proposed work is $150,000.00. The improvements are categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30678. Contract Completion, Reroofing Eighth Floor Terminal Roof, Building M-102 was the subject of a memo to the Board from the Chief Engineer recommending that the contract with the Bryant Organization, Inc. be extended 25 calendar days to January 18, 1988 and accepted as complete as of that date with a contract price of $42,450.00. The recommendation was approved on passage of Resolution No. 30691 for time extension, and Resolution No. 30692 for accepting work. Amending Agreement With Harvey and Stanley for Professional Services for Least Tern Management Plan was the subject of a memo to the 1Board from the Chief Engineer notifying the Board that the Board has previously retained the professional services of Harvey and Stanley Associates to develop the cManagenent Plan in coordination with the environmental regulatory agencies. The plan is part of the mitigation associated with the U.S. Army Corps of Engineers permit issued in July, 1986 to the Port of Oakland for the air cargo fill construction. The draft management plan was completed in October 1987, and made available for review by the regulatory agencies. The review by the various signatory agencies on the draft plan has required the consultant to make more revisions and extraordinary coordination efforts beyond the consultant s original scope work. It was recommended that the agreement be amended to provide for an additional $20,000.00 of maximum payment. The recommendation was approved on passage of Resolution No. 30702.
May 3, 1988 - 3 - Authorization to Negotiate for the Development of Air Cargo Distribution Facilities - Port of Oakland Distribution Center was the subject of a memo to the board from the Director of Properties notifying the Board that substantial interest has been shown for the development of additional air cargo facilities. The initial interest was for an on-airport site, but due to the shortage of available buildable land and to the constraints imposed by the restriction on landfill, an off-airport site would be acceptable. The site under discussion is a 10-acre parcel in the Distribution Center on the east side of Pardee, north of the UPS facility. Three proposals from the King Interests, Houston, Texas; Pacific Cargo Centers, San Jose, California; and Airport Systems, Rochester, New York, have been received to build to suit an air cargo distribution facility as they see a strong growing market at the Oakland International Airport. It was recommended that staff be authorized to negotiate with the three air cargo distribution facility developers and directed to make a recommendation for consideration by the Board at the May 17, 1988 meeting. The recommendation was approved on a motion by Commissioner Ward Alien, seconded and passed unanimously. Marconi, Inc. - Supplemental Agreement was the subject of a memo to the Board from the Director of Properties notifying the Board that Marconi, Inc., dba El Caballo Restaurant, occupies a portion of the ground floor of the Port s administrative office building (Building F-107) under a lease agreement which expires in 2002. The present minimum rent is $10,896.20 per month against 61/2% of gross receipts. Mr. Marconi is concerned about his decline in restaurant gross sales since 1985, and feels that he needs rent relief for his operation to stay competitive. He is requesting to make certain modifications to the existing lease agreement, including a temporary reduction in the minimum and percentage rents. The terms and conditions of Mr. Marconi s proposal are: (1) The
May 3, 1988 - 4 - minimum rent would be reduced from the current $10,896.20 to $5,000.00 per month; (2) The monthly percentage rent would be reduced from the current 6.5% to 4.2% of gross receipts; (3) El Cabello would contribute monthly an additional .8% of gross receipts toward Business Association dues.; (4) The review and adjustment of the minimum rent, due May 1, 1989, would be postponed; (5) The lease modifications would be in effect for a five-year period commencing January 1, 1988 and terminating December 31, 1992. Commencing January 1, 1993, the minimum and percentage rents would return to their current levels, subject at that time to the review and adjustment of the minimum rent. Future adjustments to the minimum rent would be at three-year intervals during the remainder of the lease term; and (6) At the end of the 4th and 5th years, El Cabello would pay to the Port, on an annual basis, an additional lh% on gross sales in excess of $2.2 million. The proposal has been reviewed and it was recommended that his request be approved. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Award of Contract, Construction of San Antonio Fishing Pier, Inner Harbor was the subject of a memo to the Board from the Chief Engineer notifying the Board of the seven bids received and recommending award of the contract to Dutra Construction Co., Inc. the low bidder at $276,648.00. It was noted that under the terms of an agreement between the Port and the California State Wildlife Conservation Board, the Port is to construct and maintain the fishing pier and WCB will contribute 50% towards the cost of this project not to exceed $200,000.00. The recommendation was approved on passage of Resolution No. 30679. Norman Narin, et. al - Approval of Sublease and Authorization to Execute Consent and Acknowledgment was the subject of a memo to the Board from the Director of Properties notifying the Board that the Port leases 3.75 acres of land located at 105 ambarcadero to Norman Narin, et. al.,
May 3, 1988 -5- under a 50-year ground lease which expires June 30, 2009. The property is improved with an 80,000 square foot warehouse building constructed by the Lessee. It is subleased to a Ford Motor Company subsidiary, Ford New Holland, Inc., which is in the process of vacating the building. Mr. Narin is requesting Port approval to enter into a new sublease with West Coast Buying Service, Inc., dba Wesex, to occupy the entire warehouse space when Ford vacates. Wesex is an importer/exporter of wholesale grocery products and other durable goods and will use the building for warehousing and shipping of finished goods and products. Wesex will occupy the space commencing July 1, 1988, for the remaining twenty-one years of the lease term, at an initial rental of $21,977.36 per month. It was recommended that the Board approve the new sublease and authorize the execution of a consent and acknowledgment which provides certain successor rights to Wesex. The recommendation as approved on passage of Resolution No. 30694. Authorization for Payment of Commission - Up-Right, Inc. Lease was the subject of a memo to the Board from the Director of Properties notifying the Board of the preparation of a lease with Up-Right, Inc. for the occupancy of the Port-owned building located at 7711 Oakport Street, and recommending approval of the appropriate broker commission in the amount of $9,009.00 for services rendered by Grubb Ellis through agent
David Doyle. The recommendation was approved on passage of Resolution No. 30703.
Tidewater Properties - Assignment of Option and Amendment to Lease-Option Agreement was he subject of a memo to the Board from the Director of Properties notifying the Board that Tidewater Properties has a lease option agreement to lease 5.6 acres of vacant land on Tidewater Avenue and Lesser Street and intends to build a warehouse complex, and that on April 19, 1988, the Board aproved a conceptual proposal for a Port of
May 3, 1988 - 6 - Oakland Small Business/Minority/Women Trust Fund to be administered by the Oakland Business Development Corporation, a partner in Tidewater Properties. It was recommended that the lease option agreement be assigned to Oakland Business Development Corporation with the following changes in the option: The Option Payments would be eliminated; the rent would be $1.00 per year with no performance deposit; the implementation of a Trust Fund would be required; and the Option Term would expire September 31, 1988. It is the Board s intent that the rental income from the development would fund the Port of Oakland Small Business/Minority/Women Enterprises Trust Fund and the recommendation is subject to the establishment of the Trust Fund and a trust fund administration agreement. The recommendation was approved on passage of Resolution No. 30710. Amendments to and Consolidation of American President Lines Agreements with Former United States Lines Agreements was the subject of a memo to the Board from the Deputy Executive Director notifying the Board that the Board had previously approved executing letters of intention with American President Lines to assume the adjacent marine terminal facility assigned by the Port to United States Lines and to negotiate terms of the present American President Lines and United States Lines documents to insure that the combined facility will function as one homogenous terminal at appropriate economic terms and operational conditions. The necessary agreements to be affected are three separate APL Agreements and two separate USL Agreements. The APL Agreements are the original Lease and Preferential Assignment Agreement dated January 6, 1971, the Preferential Assignment Agreement dated February 23, 1972 and the Assignment, Designation of Secondary Use, and Consent dated December 11, 1974. The USL Agreements are the Preferential Assignment Agreement dated March 7, 1973 and the Lease dated March 7, 1973 for the office building. The negotiations have now been concluded and it was recommended that the Board
May 3, 1988 - 7 - approve the terms and conditions concerning the joint terminal. Basic provisions include APL will pay the Port the maximum annual payment of the USL agreement compensation in 12 equal installments. The Amendments provide for an expiration date of July 31, 2001. The Amendments will provide for two seven-year term options to extend all agreements, and modify the Secondary Use provision in the USL Agreement regarding secondary user assignments rights to conform to the provision in the APL agreements that allows APL to make secondary assignments subject to Port approval. Secondary Use revenues will be split 50/50 with a further proviso that if APL gets a five-year term commitment from a secondary user, revenues will be split 60% to APL and 40% with the Port. The amendments provide for appropriate crane revenue and the Port is granted the right to purchase the three new third generation container cranes at fair market value in the event APL does not exercise the option to extend the agreements beyond July 31, 2001 or has not leased nor been assigned substitute premises from the Port. The negotiated terms and conditions are in the best interest of the Port in that the Port is guaranteed the maximum compensation terms of the USL agreements and will provide the capabiity to increase APL cargo activity in Oakland. The recommendation was approved on passage of Resolution No. 30680 and Resolution No. 30681 and on passage of two Ordinances to print. Professional Services Agreewent, Design of Materials Processing
Area for Dredged Materials was the subject of a memo to the Board from the
Chief Engineer notifying the Board that one condition of the permit for dredging the Inner Harbor channel and construction of the turning basin in the channel prohibits the ocean disposal of materials considered to be "not suitable for ocean disposal." Some of the turning basin sediments may be determined to be not suitable for ocean disposal. The Port has determined that any necessary upland disposal can best be carried out by
May 3, 1988 -8- developing a temporary material processing area where the dredged materials can be dewatered and conditioned, either physically, chemically, or biologically, prior to ultimate disposal. It was recommended that the Board approve of an agreement with Woodward-Clyde Consultants to assist in the design and development of the materials processing area. The firm will be compensated on a time-and-materials basis up to a miximum of $150,000.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30704. Approval to Reject All Proposals and Negotiate for Construction and Installation of Container Cranes for Outer Harbor Terminal was the subject of a memo to the Board from the Chief Engineer notifying the Board that the Board previously approved dispensing with formal bids and authorized the Executive Director to solicit proposals from prequalified manufacturers for one additional crane similar to the two cranes now being delivered at Outer Harbor Terminal by Korea Shipbuilding and Engineering Corporation. Proposals were received from three of the nine prequalified manufacturers, PACECO, Kooks, and KSEC, with all three proposals substantially higher than the prices which have been quoted for similar cranes ordered recently. It was recommended that the Board find it to be in the best interest of the Port to authorize the Chief Engineer to negotiate with manufacturers and suppliers deemed appropriate by the Chief Engineer for one crane and for two cranes, and to report to the Board with a recommendation for award of contract or other action by the Board. The recommendation was approved on passage of Resolution No. 30707. U.S. Customs Selectivity Site was the subject of a memo to the Board from the Deputy Executive Director notifying the Board that the Port has been cooperating with the U.S. Customs Service to provide office space to accommodate the so called "Selectivity" procedures of U.S. Customs
May 3, 1988 -9 which is the initial step to determine cargo inspection requirements in order to clear cargo that is being imported. The Port has expended substantial funds in recent months to rehabilitate the office space in the Maersk Line Container Freight Station including improvements to meet the requirements and specifications of the U.S. Customs Service for this selectivity procedure. A. U.S. Customs Information Notice was issued by the U.S. Customs Service on April 11, 1988, announcing that a study would be undertaken to determine the feasibility of consolidating all the "Selectivity" procedures into one location at the San Francisco International Airport, reportedly at the bequest of members of the San Francisco Customs Brokers and Freight Forwarders Association. The U.S. Customs District Office did not apprise the Port of this study being undertaken and the Port did not become aware of this study until April 15. The Port staff sent a strong letter expressing grave concern and requesting a meeting with the U.S. Customs District Director to gain a full understanding of the background and implications regarding any changes in the "Selectivity" procedures in Oakland. After considerable investigation, it has been determined that numerous considerations regarding the "Selectivity" procedures which affect shipping lines and terminal operators are not answered by centralization at the San Francisco International Airport. It was recommended that the Board adopt a resolution in oppostion to U.S. Customs eliminating the "Selectivity" procedure at the Port of Oakland. As the subject was time sensitive, the item had not been timely posted as required, and the Board passed Resolution No. 30676 determining a need to take action, and the recommendation was approved on passage No. 30677.
May 3, 1988 - 10 - Agreement for Professional Inspection and Testing Services in Connection with the Construction of the Seventh Street Terminal Cranes was the subject of a memo to the Board from the Chief Engineer recommending approval to enter into a contract with Marine Inspection Services Company, Inc., (Abram, to provide the inspection and testing services to ensure compliance with the specifications for the two new cranes being manufactured by Kooks Crane and Marine Company. The firm has previously inspected Port of Oakland cranes. The firm will be compensated on the basis of varying hourly and monthly rates for each type of inspection work as negotiated with AMTECH, plus 1.1 times direct non-salary expeneses. The maximum total compensation shall not exceed $215,000.00, with certain additional work available at the discretion of the Executive Director. The remilendation was approved on passage of Resolution No. 30693. Amendments To Terminal Use Agreement -- EAC Lines Transpacific Service, LTD. and Hyundai Merchant Marine (America), Inc. was the subject of a memo to the Board from the Deputy Executive Director notifying the Board that EAC Lines has a five-year term Terminal Use Agreement (MO in effect at the Charles P. Howard Terminal operated by Stevedoring Services of America (SSA). Hyundai Merchant Marine (HYMM) has a five-year term Terminal Use Agreement in effect at the Outer Harbor Public Container Terminal also operated by SSA. The two lines have recently announced a new joint container service on the Far Est/West Coast route to take effect May 2, 1988. At the present time, FAC Lines does not provide direct vessel call service to the West Coast and instead charters container slots on other Lines. To accommodate EAC Lines vessel and cargo operations at the Hyundai assigned Public Container terminal, it was recommended that the agreement will be amended to provide that FAC Lines vessel and cargo operations at the Hyundai assigned Public Container Terminal will apply to EAC Lines in accordance with economic provisions of
May 3, 1988 - 11 - their agreement. It was also recommended, should EAC Lines offer direct vessel call service at some future date, that their agreement be amended to provide for Hyundai vessel and cargo operations at the EAC assigned Public Container Terminal will apply to Hyundai in accordance with the economic provisions of Hyundai s Terminal Use Agreenent. The recommendation was approved on passage of Resolution No. 30682 for EAC and Resolution No. 30683 for Hyundai. Secondary Use Request of American President Lines for Australia
New Zealand Direct Line to Use APL Terminal was the subject of a MEMO to the Board from the Deputy Executive Director recommending approval for the shipping line to be a secondary user of American President Lines facility. APL has negotiated a five-year term commitment with the line. The line is a joint service of Australia New Zealand Container Line (ANZCL) and Pacific Australia Direct Line (PAD). PAD will continue calling at Seventh Street Public Container Terminal to handle break-bulk cargo, with all container operations to be under the joint service agreement with ANZCL. The recommendation was approved on passage of Resolution No. 30705. Adjustment of Container Crane Compensation Provisions in the Marine Terminals Corporation Stevedoring Services of America Management Agreements was the subject of a memo to the Board from the Deputy Executive Director notifying the Board that the Port, on a trial basis, provided a reduced container crane rental rate when container cranes were used to handle non-containerized cargos. At that time Port staff reviewed available operational as well as cost information and determined that using the container crane on non-containerized cargo could accelerate the cargo loading or unloading operation and serve as a basis for potentially attracting new non-containerized business to Howard Terminal. An incentive rate of 65% of the prevailing crane tariff rental rate was
May 3, 1988 - 12 - established for a six-month period. The incentive rate was extended for one six-month period before it was allowed to expire on January 17, 1987. With the competitive conditions that now exist, it was recommended that the Board reinstate the reduced container crane tariff rental rate for the two public container terminals. There will be a provision that use of the container cranes in this manner will not interfere with or take priority over containerized operations at each facility, and only 65% of the use hours will be credited towards the terminal operators annual crane guarantees. The recommendation was approved on passage of Resolution No. 30684 for Marine Terminals Agreement, and Resolution No. 30685 for Stevedoring Services of America. Specifications for Annual Contract for Repair of Railroad Tracks and Crane Rails was the subject of a memo to the Board from the Chief Engineer recommending their approval and authority to advertise for bids for the annual contract. It was noted that the specifications include a provision allowing renewal of the contract in one year increments through July 31, 1991. The recommendation was approved on passage of Resolution No. 30695. Specifications for Annual Contract for Repairs to Port of Oakland Docks and Waterfront Facilities was the subject of a memo to the Board from the Chief Engineer recommending their approval and authority to advertise for bids for the annual contract. It was noted that the specifications include a provision allowing renewal of the contract in one year increments through August 31, 1991. The recommendation was approved on passage of Resolution No. 30696. Award of Contract, Construction of Berth 26 Wharf, Outer Harbor was the subject of a memo to the Board from the Chief Engineer notifying the Board of the seven bids recieved and recommending award of the contract to J.H. Pomeroy Co., Inc., the low bidder, in the amount of
May 3, 1988 - 13 - $5,487,250.00, which includes their Base Bid plus Additive Alternate B, an improved fender system. The recommendation was approved on passage of Resolution No. 30706. Dockage and Wharfage Adjustments to Port of Oakland Tariff No. 2 was the subject of a memo to the Board from the Deputy Executive Director recommending approval to increase Dockage Rates by 5%; reduce the differential between Local and Overland Common Point wharfage rates from $1.00 to $.75; and increase the wharfage rates on non-commercial motor vehicles. It was noted that the dockage increase will bring the Port s rates to the same level that already exist at most competitor ports by July 1, 1988, and that the other increases are also competitive. The recommendation was approved on an ordinance passed to print. Wharfage Adjustments to Steel Coils Rates, Port of Oakland Tariff No. 2 was the subject of a memo to the Board from the Deputy Executive Director recommending approval to eliminate the incentive wharfage rate for steel coils which are a minimum 2,000 tons per shipment which is no longer necessary in the current competitive environment, and reduce the wharfage rate for minimum 1,000 tons to $4.15/KT to meet the competitive situation at a Northern California port. The recommendation was approved on an ordinance passed to print. Agreement for Consulting Services for Routine Hydrographic and Miscellaneous Work was the subject of a memo to the Board from the Chief Engineer recommending approval to enter into an agreement with Towill Inc. to provide hydrographics to determine and monitor the available depth of water and the siltation rate respectively for all of the Port s 31 deepwater berths. Other related services will be post-dredge soundings for deepwater berths, quality control and inspectional services, emergency soundings, sounding of uarinas, lead line soundings, reports, aerial photography, analysis, and other marine survey services. The firm will be
May 3, 1988 - 14 - compensated for their services in accordance with their submitted rate schedule estimated to be $200,000.00 for the first year and $210,000.00 for the second year, if the option to extend the contract is approved by the Executive Director. Certain additional work will be available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30697. Agreement to Construct Second Phase of the Port s Office Autcmaticn System was the subject of a memo to the Board from the Executive Director notifying the Board of a previous agreement with Centel Business Systems to construct the first phase of a port-wide microcomputer network. The first phase of the network has been in continuous active service since June of 1987, linking seven departments and encompassing an initial 50 of the Port s 170 microcomputer workstations. The Port is now prepared to proceed with the next phase of the network system. The new phase will add approximately 110 new users to the network system and complete the major portions of the network. It was recommended that the Board authorize the Executive Director to execute a contract with Centel Information Systems to provide the second phase of the network system including associated employee training. The network installation, wiring, and related training costs proposed under this phase of the program are estimated to be $265,000.00. The recommendation was approved on passage of Resolution No. 30686.
Discussion and Action on Documents Connected with the Issuance of $75,000,000 Port of Oakland, California, Subordinated Adjustable Rate Revenue Bond Anticipation Notes Series 1988A and 1988B was the subject of a memo to the Board from the Executive Director notifying the Board of the previous procedures necessary for the completion of the current financing for the Port. It was recommended that the Board now authorize the
May 3, 1988 - 15 - issuance of the Bond Anticipation Notes Series 1988 A in the amount of $55,000,000 and Series 1988 B in the amount of $20,000,000, and the take-out long term bonds designated as Port of Oakland 1957 Revenue Bonds Series S and T. The revenue bonds would be issued when the BANs matured and would be in amounts necessary to meet the requirements of the BANs Series 1988 A and Series 1988 B respectively, plus provisions for reserves and costs of issuance. The resolution authorizing the issuance of the BANs includes approvals of the form of the Trust Indenture and First Supplement thereto, the Purchase Contract for the BANs, the Remarketing Agreement and Preliminary Official Statement, The Secretary of the Board noted that the appropriate public hearing regarding the advisability of the proposed issuance of the Bond Anticipation Notes in an aggregate principle amount not to exceed $150 million was held on Friday, March 18, 1988, at the hour of 4:12 p.m., in Room 376, Port Building, 66 Jack London Square. The hearing was conducted in accordance with the Notice of Public Hearing published in the Oakland Tribune on Friday, March 4, 1988. The Director of Fiscal Affairs served as hearing officer with the Port Attorney and Secretary of the Board also present. Separate records of the hearing including a tape recording, are in the custody of the Secretary of the Board. The Secretary of the Board informed the hearing officer that no written comments had been received and no interested party has appeared at the hearing to present comments. Having received the information as stated, the hearing officer declared the record of the hearing closed at the hour of 4:15 p.m. The recommendation was approved on passage of Resolution No. 30674 for the Issuance of Revenue Bond Anticipation Notes, and on passage of Resolution No. 30675 for the Issuance of the Revenue Bonds.
May 3, 1988 - 16 - Personnel Items contained in a memo to the Board from the
Director of Administration recommended the appointment of Karen PL. Lowe as Youth Aide, Class "AA", effective May 4, 1988, at $14.23 per hour. Also recommended was the amendment of appointment for Merritt C. Miller, Semi-Skilled Laboer, to reflect a start date of Apil 25, 1988. Further recommended was the examination announcement for the position of Port Environmental Planner Assistant; and a military leave of absence for Noel T. Santos, Building Maintenance Engineer, for 11 working days. The recommendation was approved on passage of Resolution No. 30687 for appointment, Resolution No. 30688 for amending appointment, Resolution No. 30689 for examination announcement, and Resolution No. 30690 for military leave of absence. Travel Authorization contained in a memo to the Board from the Director of Administration recommended approval for the travel of the Special Assistant for Trade Relations, to Washington, D.C., on or about May 3, 1988, to attend the National Defense Transportation Association Board of Directors Meeting; the travel of Neil Werner, Civil Engineer, to Norfolk, Virginia, on or about May 4, 1988, to attend the American Association of Port Authorities Hazardous Waste Seminar; the travel of
Commissionersnter and ward Allen, the Executive Director and the Director of Aviation, to Maui, Hawaii, on or about the period May 8 - 12, 1988, to attend the Airport Operators Council International Asian-Pacific Basin Conferernce; the travel of the Airport Operations Manager, to San Antonio, Texas, on or about May 9, 1988, to attend the American Association of Airport Executives Airport Personnel Management Workshop; the travel of the Chief Engineer and Special Assistant to the Executive Director, to Baltimore, Maryland, on or about May 11, 1988, to attend the Permanent International Association of Navigation Congresses 88 Technology Conference and Exhibition; the travel of the Risk Manager,
May 3, 1988 - 17 - to New Orleans, Louisiana, on or about the period of May 17 - 21, 1988, to attend the Public Risk and Insurance Managers Association Conference; and the travel of the Chief Engineer and Special Assistant to the Executive Director, to Washington, D.C., on or about May 5, 1988, to attend certain ceremonies conducted by the y.s. Corps of Engineers. The recommendation was approved on passage of Resolution No. 30709. Mr. Larry Taylor, Chairman of Council 7, representing the Economic Development Advisary Commission, appeared before the Board to express his opinion of the proposed Port of Oakland Small Business/Minority/Women/Trust Fund which is presently under consideration. He expressed his support for the concept and sponsorship by the Port for the program. He further noted that the Port will ask for the repayment of the UDAG $1.6 million loan to go the the Port s Trust Fund. He asked that this money be made available to the City s program as funds were always short. President Hunter thanked Mr. Taylor for his comments and noted that the proposal as still in concept and that funds for this type of purpose would always be limited. The following reports were discussed and ordered filed: Report of Port Attorney on Litigation Matters. Status of Construction Contracts in Progress as of April, 1988. Status of Consultant Contracts in Progress as of April, 1988. Summary of Cash - Port Revenue and Construction Funds as of April 22, 1988. Summary of Claims Paid from Various Funds for the period of April 13, 1988 through April 25, 1988.
May 3, 1988 - 18 - The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30674 AUTHORIZING THE ISSUANCE OF PORT OF CAKLAND, CALIFORNIA SUBORDINATED ADJUSTABLE RATE REVENUE BOND ANTICIPATION NOTES 1988 SERIES A AND 1988 SERIES B." "RESOLUTION NO. 30675 SIXTEENTH SUPPLEMENTAL RESOLUTION (SUPPLEMENTAL TO RESOLUTION NO. 10378 ADOPTED JANUARY 21, 1957) AUTHORIZING THE ISSUANCE OF PORT OF OAKLAND 1957 REVENUE BONDS, SERIES T." "RESOLUTION NO. 30676 DETERMINING THAT NEED TO TAKE ACTION AROSE SUBSEQUENT TO AGENDA BEING POSTED." "RESOLUTION NO. 30677 IN OPPOSITION TO U.S. CUSTOMS PROPOSAL TO ELIMINATE ITS SELECTIVITY PROCEDURES AT THE PORT OF OAKLAND." "RESOLUTION NO. 30678 GRANTING ALASKA AIRLINES, INC. PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30679 AWARDING CONTRACT FOR CONSTRUCTION OF SAN ANTONIO FISHING PIER, INNER HARBOR, OAKLAND, CALIFORNIA." ■ "RESOLUTION NO. 30680 AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT WITH AMERICAN PRESIDENT LINES, LTD." "RESOLUTION NO. 30681
AUTHORIZING EXECUTION OF FOURTH SUPPLEMENTAL AGREEMENT WITH AMERICAN PRESIDENT LINES, LTD." "RESOLUTION NO. 30682
AUTHORIZING EXECUTION OF FOURTH SUPPLEMENTAL AGREEMENT WITH EAST ASIATIC CO., LTD."
May 3, 1988 - 19 - "RESOLUTION NO. 30683 AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT WITH HYUNDAI MERCHANT MARINE CO. LTD." "RESOLUTION NO. 30684 AUTHORIZING EXECUTION OF SEVENTH SUPPLEMENTAL AGREEMENT WITH STEVEDORING SERVICES OF AMERICA." "RESOLUTION NO. 30685
AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT W ITH STEVEDORING SERVICES OF AMERICA." "RESOLUTION NO. 30686 APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH CENTEL INFORMATION SYSTEMS TO CONSTRUCT SECOND PHASE OF THE PORT S OFFICE AUTOMATION SYSTEM." "RESOLUTION NO. 30687 APPOINTING KAREN A. LOWE TO THE POSITION OF YOUTH AIDE, CLASS nAA
"RESOLUTION NO. 30688 AMENDING RESOLUTION NO. 30657 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30689
APPROVING EXAMINATION ANNOUNCEMENT FOR THE POS ITION OF PORT ENVIRONMENTAL PLANNER ASSISTANT." "RESOLUTION NO. 30690 GRANTING MILITARY LEAVE OF ABSENCE TO NOEL T. SANTOS, BUILDING MAINTENANCE ENGINEER." "RESOLUTION NO. 30691 EXTENDING TIME FOR PERFORMANCE OF CONTRACT WITH BRYANT ORGANIZATION,INC." "RESOLUTION NO. 30692 ACCEPTING WORK PERFORMED BY THE BRYANT ORGANIZATION, INC. AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30693 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH MARINE INSPECTION SERVICES COMPANY, INC. (Amu) FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT."
May 3, 1988 — 20 — "RESOLUTION NO. 30694 CONSENTING TO SUBLETTING OF NARIN LEASE TO WEST COAST BUYING SERVICES, INC. AND AUTHORIZING EXECUTION OF LESSOR S CONSENT AND ACKNOWLEDGMENT." "RESOLUTION NO. 30695 APPROVING PLANS AND SPECIFICATIONS FOR FURNISHING LABOR, MATERIALS, AND EQUIPMENT FOR RECONDITIONING, REPAIRING AND RECONSTRUCTING PORT OF OAKLAND RAILROAD TRACKS AND CRANE RAILS FOR THE PERIOD COMMENCING JULY 18, 1988, AND ENDING JULY 31, 1989, 1990 OR 1991." "RESOLUTION NO. 30696 APPROVING PLANS AND SPECIFICATIONS FOR FURNISHING PILE DRIVER CREW FOR REPAIRS TO PORT OF OAKLAND DOCKS AND WATERFRONT FACILITIES FOR THE PERIOD COMMENCING AUGUST 1, 1988 AND ENDING AUGUST 31, 1989, 1990, OR 1991." "RESOLUTION NO. 30697 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH TOWILL, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30698 APPROVING AND AUTHORIZING EXECUTION OF A FIRST SUPPLEMENTAL AGREEMENT WITH ASSOCIATED AEROSPACE ACTIVITIES, INC." "RESOLUTION NO. 30699
APPROVING AND AUTHORIZING EXECUTION OF A SECOND SUPPLEMENTAL AGREEMENT WITH SIERRA ACADEMY OF AERONAUTICS, INC." "RESOLUTION NO. 30700 GRANTING AMERICAN PRESIDENT LINES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30701 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENIS." "RESOLUTION NO. 30702 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH HARVEY AND STANLEY ASSOCIATES." "RESOLUTION NO. 30703
APPROVING AND AUTHORIZING PAYMENT OF REAL ESTATE BROKERAGE COMMISSION TO GRUBB ELLIS."
May 3, 1988 - 21 - "RESOLUTION NO. 30704 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH WOODWARD-CLYDE CONSULTANTS, FOR PROVIDING SERVICES FOR PREPARATION OF A DESIGN AND FOR DEVELOPMENT OF A MATERIALS PROCESSING AREA FOR DREDGED MATERIALS CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREOF." "RESOLUTION NO. 30705 CONSENTING TO DESIGNATION OF SECONDARY USE BY AMERICAN PRESIDENT LINES, LTD. TO AUSTRALIA-NEW ZEALAND DIRECT LINE AND APPROVING AMERICAN PRESIDENT LINES, LTD. USE AGREEMENT WITH PACIFIC AUSTRALIA DIRECT LINE." "RESOLUTION NO. 30706 AWARDING CONTRACT FOR CONSiRUCTION OF BERTH 26 WHARF, OUTER HARBOR, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30707 REJECTING PROPOSALS FOR CONSTRUCTION OF ONE CONTAINER CRANE AT OUTER HARBOR TERMINAL, FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO CONTRACT FOR CONSTRUCTION AND INSTALLATION OF ONE OR TWO CONTAINER CRANES AT OUTER HARBOR TERMINAL WITHOUT ADVERTISED COMPETITIVE BIDDING, AND AUTHORIZING THE CHIEF ENGINEER TO SOLICIT PROPOSALS FOR SUCH WORK AND REPORT BACK TO THE BOARD." "RESOLUTION NO. 30708
RATIFYING AND APPROVING APPorwmENT AND PIAPrnvMmTP (IF SPECIAL- COUNSEL." "RESOLUTION NO. 30709 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30710 CONSENTING TO ASSIGNMENT OF LEASE OPTION AGREEMENT WITH TIDEWATER PROPERTIES TO OAKLAND BUSINESS DEVELOPMENT CORPORATION AND APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT AMENDING THE LEASE OPTION AGREEMENT." Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH UP-RIGHT, INC. AND DIRECTING RECORDATION THEREOF", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF FIFTH SUPPLEMENTAL AGREEMENT WITH AMERICAN PRESIDENT LINES, LTD.", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING THE SUPPLEMENTAL AGREEMENT (EXTENSION OPTIONS) WITH AMERICAN PRESIDENT LINES, LTD.", and Port Ordinance No.
May 3, 1988 - 22 - being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 964 RELATING TO DOCKAGE AND WHARFAGE RATES", were read a first time and passed to print by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter -7 Noes: None Absent: None
At the hour of 5:05 p.m., the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 5:30 p.m. at which time the meeting was adjourned on a motion duly made and seconded.
May 3, 1988 - 23 - MEETI OF THE BOARD OF PORT alvassioNERs
OF nib
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, May 17, 1988, at the hour of 4:28 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:15 p.m. to 4:10 p.m., during which time the Board received a briefing from the Port s Director, Far East, and from Mr. Henry Lai, the Port s new representative from Taiwan. The Board also received a report on crane and liability insurance. Commissioners present: Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Commissioners absent: None Also present were the Deputy Executive Director, Port Attorney, Assistant Port Attorney, Thomas Clark, Chief Engineer, Assistant Chief Engineer, Director of Properties, Director of Aviation, Director of Fiscal Affairs, Director of Administration, Director of Public Affairs and Secretary of the Board. Visitors attending the meeting included Mr. Kevin King, representing the King Interests, Ms. Joyce Hsiao, representing Baseline Environmental Consulting, Ms. Marilyn Thuran, representing Summotters Radiant Heat, Ms. Josephine Richardson, representing Richardson Security, and Mr. Gary Knecht, representing the Egghouse. The minutes of the regular meeting of April 5, 1988, the adjourned regular meeting of April 8, 1988, and the adjourned regular meeting of April 12, 1988 were approved as submitted and ordered filed. President Hunter informed the Board that he would call for a closed session for the purpose of discussing pending litigation involving: (1) Oakland Airport Fill Litigation (People of the State of California, ex rel. John K. Van De Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Fngineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEH); (2) California Toxics Action (dba Citizens for a Better Environment) et al. v. Port of Oakland, Alameda County Superior Court Action No. 637733-1; (3) Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District
Court, Northern District of California No. C 88 1422 WWS; and (4) County of San Mateo v. Port of Oakland et al, San Mateo County Superior Court No. 329870; as provided for under Government Code Sections 54956.9 (a); (5) Pending litigation as provided for under Government Code Sections 54956..9 (b) and (c). Plans and Specifications, Second Extension of Second Floor Addition to Building M-103, South Airport was the subject of a memo to the Board from the Chief Frigineer recommending their approval and authority to advertise for bids for the expansion of the second floor addition to the Finger Building. The extension will provide approximately 22,500 square
May 17, 1988 - 2 - feet of additional holdroom area, five additional gates and the relocation of one existing gate; two new public restrooms on the second floor; two new restroom areas on the first floor for ramp personnel use; and new and enlarged concession areas. The project will receive financial assistance under two Airport Improvement Program grants, and the FAA has approved the plans and specifications. In compliance with the California Environmental Quality Act, an Initial Study was conducted for the project with an appropriate Negative Declaration prepared. The recommendation was approved on passage of Resolution No. 30719.
Supplemental Agreement with The Ratcliff Architects for Design of
Terminal II was the subject of a memo to the Board from the Chief Engineer notifying the Board that The Ratcliff Architects provided design services for the Lionel J. Wilson Terminal (Terminal II) and that their agreement remains in effect pending completion of "as built" or record drawing markups. To date, the firm has received a total maximum compensation of
$1,74,14.00 of the possible total of $1,627,000.00 under the agreement. There have been a great many changes in the project scope requested by tenants, tenant space improvements, coordinated graphics for Terminal I, improvements in the VIP parking lot, and designer costs to accommodate rebid of the project and the extraordinary number of requested substitutions and minor changes applicable to the project. It was recommended that the Board authorize a supplemental agreement providing for the completion of "as built" or record drawings for a maximum compensation not to exceed $38,000.00. The recommendation was approved on passage of Resolution No. 30720.
Award of Contract, Construction of Sanitary Sewer to Main
Parking Lot Office Trailer, South Field was the subject of a memo to the Board from the Chief Engineer notifying the Board of the four bids
May 17, 1988 - 3 - received and recommending award of the contract to Gallagher Burk, Inc., the low bidder at $20,875.00. The recommendation was approved on passage of Resolution No. 30721.
Renewal of Contract with Fueling Maintenance Company for Services
at the Metropolitan Oakland International Airport was the subject of a memo to the Board from the Director of Aviation notifying the Board of the negotiated contract with Fueling Maintenance Company to maintain and operate the aviation fuel storage facility and the hydrant fueling system and to provide service and maintenance of aviation refuelers and servicers at the Airport. The contract is renewable on an annual basis at the option of the Port, and upon mutual agreement with Contractor through April 30, 1.990. It was recommended that the contract be renewed for one year beginning May 1, 1988, with the Port paying the insurance premium of $4,662.50 for the contract period ending April 30, 1989. Under the terms of the contract the Port agrees to maintain the negotiated price of $224,370.00 annually, plus adjustment in direct proportion to the change in Consumer Price Index effective May 1, 1986 and CPI May 1, 1988. It was further noted that the Contractor is required to carry $5,000,000.00 comprehensive liability coverage with the Port participating in the premium. The recommendation was approved on passage of Resolution No. 30733.
License Agreement Renewal - American Airlines was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for space at Building L-814, used for their airline operation, at a new monthly rental of $1,460.09. The recommendation was approved on a motion by Commissioner fl-ig, seconded and passed unanimously.
License Agreement Renewal - Ameriflight, Inc. was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for office, hangar, shop, apron and paved parking at
May 17, 1988 - 4 - Building L-210, North Airport, used as an operational base for their air courier service, at a new monthly rental of $8,109.34. The recommendation was approved on a motion by Commissioner Eng, seconded and passed unanimously. Authorization to Enter into Exclusive Negotiations for the Development of Air Cargo Distribution Facilities - Distribution Center was the subject of a memo to the Board from the Director of Properties notifying the Board that the staff has had basic negotiations with three experienced air cargo distribution facility developers for a project at the Port of Oakland Distribution Center at the corner of Swan Way and Pardee Drive. After extensive review of the three proposals, it was recommended that the Board authorize staff to enter into exclusive negotiations with the The King Interests for a period of 60 days to develop the air cargo distribution facilities. The King Interests has developed almost seventy facilities covering almost two million square feet with a market value approaching $100 million. They maintain a tenant base of over 100 aviation-related businesses on eighteen different airports. Their proposed development includes three buildings, totaling 215,000 square feet. The first phase of development will consist of two buildings designed to accommodate Burlington Air Express and CF Air Freight. Phase two will add a third multi-tenant building. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Proposal from Sunset Wholesale Company to Lease Port Building F-228 was the subject of a memo to the Board from the Director of Properties recommending approval of a proposed lease with Sunset Wholesale Company to lease Port Building F-228 (the former Tribune Warehouse building) which contains 40,000 square feet of warehouse space, located at 255 2nd Street. The building would be used for storage and distribution
Nay 17, 1988 - 5 - of wholesale canned goods and personal service paper products. The basic terms of the lease include a term of 5 years with the Port to have the option to terminate the lease between years 2 and 3 of the term by giving the tenant six (6) months prior notice and four (4) months free rent. After year three (3) of the term, the Port would have a continuous right to terminate the lease with six (6) months notice and two months free rent. The monthly rent would be free for 3 months, $8,800.00 for months 4 - 36, and $10,000.00 for months 37 - 60. The lessee would provide a performance deposit in the amount of $26,400.00. The lessee would take the premises "as is". The proposed lease would also have the Port s standard provisions. The transaction would also include a brokerage commission payment of approximately $25,704.00 to Grubb Bilis Company. The recommendation was approved on a motion by Commissioner Eng, seconded and passed unanimously.
Approval of Leasehold Condominium Governing Documents, Courtyard nn The Cove, rulbnr,--Aric.rn oovo. was ,subject of a mpmn to the Board from the EXecutive Director notifying the Board of the complex occupying aproximately 1.01 acres in the Embarcadero Cove area under a Lease with the Port dated July 19, 1982. The term of the Lease is 50 years. Pursuant to the Lease, the Lessee may subdivide the leased and improved premises into leasehold condominiums. The Board has previously granted conditional approval to the Lessee s proposed leasehold condominium subdivision. This subdivision would subdivide the premises into four leasehold condominium units, and the approval was subject to the submission and approval of the governing documents. The Lessee has now submitted most of the governing documents, and it was recommended that the documents be approved. The documents include "Declaration of Conditions, Covenants and Restrictions of Courtyard On The Cove, A Commercial Leasehold Condominium Subject And Subordinate To Port Lease"; Bylaws of Courtyard On The Cove
May 17, 1988 - 6 - Condominium Cwners Association"; and Condominium Plan. It was also recommended that the Executive Director be authorized to approve the remaining governing documents required by the Lease when submitted. The recommendation was approved oh passage of Resolution No. 30711.
Reconinendation for Approval and Execution of the Oakland Portside
Associates Construction Loan with Bankers Trust Company was the subject of a memo to the Board from the Director of Properties notifying the Board of the negotiations with Bankers Trust Company for financing construction of the five existing ground leases in Oakland Portside Associates portion of the Jack London Square Project. The Board ratified and aproved the Executive Director s execution of the loan commitment letter, and payment of the initial $100,000.00 of the loan commitment fee. It was recommended that the following loan documents be approved: Guaranty of Completion and Indemnity Agreement, under which the Port and each individual partner of Portside Properties guarantee lien-free completion of construction of the OPA leasehold improvements; Unconditional Limited Guaranty of Payment by the Port, which guarantees payment of principal, interest and other sums that become due under the $40 million construction loan from BTCo to OPA; Secured Promissory Note, in the principal sum of $40 million, to be executed by OPA, agreeing to repay, with interest, the advanced portions of the principal sum of the note; Construction and Term Leasehold Deed of Trust and Security Agreement with Assignment of Rents and Fixture Filing, which secures the aforesaid notes by CPA s conveying its interest in the 5 presently existing Port-OPA ground leases to a trustee; Building Loan Agreement between ITC and OPA, setting forth the terms and conditions for ETC making loan advances to OPA; Assi9nment of Leases entered into by OPA for the presently existing 5 Port-OPA ground lease premises; Indemnity Agreement by the Port and OPA relating to hazardous waste; Ground Lessor s Estoppel Certificate, by which the Port as ground lessor under the
May 17, 1988 - 7 presently existing Port-OPA ground leases certifies to BTCo the status of the ground leases and OPA s performance under those ground leases. The recommendation was approved on passage of Resolution No. 30736. Plans and Specifications for Replacement of Berth 82 Fire Sprinkler Heads, Ninth Avenue Terminal was the subject of a memo to the Board from the Chief Engineer recommending their approval and authority to advertise for bids for the replacement of 1,500 sprinkler heads under the wooden wharf at Ninth Avenue Terminal. The project is categorically exempt_ and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30728. Approval of Change Order for Having Electrical Technicians on Standby for the Two New Container Cranes, Cuter Harbor Terminal was the subject of a memo to the Board from the Chief Engineer notifying the Board that the new cranes have experienced numerous downtimes due to electrical and mechanical breakdowns and the unfamiliarity of the operators with the new cranes. The downtime has caused Maersk Lines difficulty with their tight schedule for their new around-the-world service. To remedy the situation, it was recommended that the Chief Engineer be authorized to issue a change order to Korea Shipbuilding and Engineering Corporation for an estimated $36,000.00 for having one of their technicians and a General Electric technician on standby during the periods of crane operation for the months of April, May and June. The recommendation was approved on passage of Resolution No. 30737. Additional Geotechniral Engineering Services, New Wharf Structure for the Carnation Terminal Adjacent Wharf Extensions was the subject of a memo to the Board from the Chief Engineer notifying the Board of an agreement with Geomatrix Consultants, Inc., to provide geotechnical engineering services for the design of the Carnation Terminal Wharf, Berth 26 Wharf, and an extension to the Berth 32 Wharf. It has now been
May 17, 1988 -8- determined that further field investigation, pile monitoring and pile load testing must be performed during construction, and other work will be required to construct 500 lineal feet of 10-foot wide public pathway with shoreline slope protection along San Leandro Bay. It was recommended that the Board authorize amendment of the agreement to increase the maximum compensation to $204,900.00, with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30738. Resolution Authorizing Execution of the Reimbursement Agreement and the Remarketing Agreement Relating to the Issuance of $55 million and $20 million Port of Oakland Subordinated Adjustable Rate Revenue Bond Anticipation Notes 1988 Series A and 1988 Series B was the subject of a memo to the Board from the Executive Director recommending approval of the reimbursement agreement with The Sumitomo Bank, Limited and the remarketing agreement with Shearson Lehman Hutton relative to the proposed issue of Port of Oakland Subordinated Adjustable Rate Revenue Bond Anticipation Notes 1988 Series A and 1988 Series B. The recommendation was approved on passage of Resolution No. 30723. Modification of the Equal Opportunity Policy and Amendments to Port Ordinance 1606 was the subject of a memo to the Board from the Director of Administration notifying the Board that the Port currently requires goals for the participation of women business enterprises and women in the public works project work force for projects that are financed in whole or in part with funds from the U.S. Department of Transportation. Mere are no goals for non-federally funded public works contracts. Based on previous direction by the Board, it was recommended that the relevant provisions of the Equal Opportunity Policy and Port Ordinance 1606 be amended to require that prime contractors obtain or make a good faith effort to obtain women business enterprise participation in
May 17, 1988 - 9 - at least five percent (5%) of the total dollar volume of the prime contractor s bid. It was also recommended that the Board approve in principle the revision of relevant portions of Section III of the Dqual Opportunity Policy to establish a contractor s goal for the employment of women in a contractor s project work force of six and nine tenths percent (6.9%) of the project work force hours on a craft-by-craft basis. It was noted that appropriate resolutions and ordinances will be scheduled for action at the next Board meeting. The recommendation was approved on a motion by Comutissioner Sweeny, seconded and passed unanimously.
Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Gerald M. Serventi, as Supervising Civil Engineer, effective May 18, 1988, at $4,265 per month; Steven J. Kappler, as Civil Engineer, effective May 23, 1988, at $3,487 per month; Imelda T. Osantowski, as Civil Engineer, effective May 18, 1988, at $3,487 per month; Gregory Taylor, as Port Maintenance Leader, effective May 18, 1988, at $2,580 per month; Angie L. Zigenis, as Senior Secretary, effective May 18, 1988, at $2,067 per month; Paul J. Ferrario, Joseph G. Sellers, Carmen B. Enriquez, and Robert W. Love as Relief Airport Custodians (Intermittent, Part-Time), effective May 18, 1988, at $7.80 per hour. Also recommended was a military leave of absence for Sharon L. Hunter, Principal Clerk, for 13 working days; and a maternity leave of absence for Jacqueline I. Chow, Commercial Representative I, for 122 working days. The recommendation was approved on passage of Resolution No. 30712 for appointments and Resolution No. 30713 for leaves of absence.
Travel Authorization contained in a memo to the Board from the Director of Administration recommended aproval for the travel of the Port Grant Administrator, to Phoenix, Arizona, on or about May 21-26, 1988, to attend the 7th Biennial Joint Intergovernmental Audit Forum Conference;
May 17, 1988 - 10 - the travel of Rob Winn, Airport Operations Supervisor, to Las Vegas, Nevada, on or about May 22, 1988, to attend the American Association of Airport Executives 60th Annual Conference and Exposition; the reimbursed travel of Mohammad F. Hakim, Electrical/Mechanical Engineer, to Houston, Texas, on or about May 23, 1988, for factory inspection of Toshiba switchgear; the travel of the Deputy Executive Director, to New York City, New York, and Washington, D.C., on or about May 30 - June 3, 1988, to attend the World Wide Shipping/Ports and Terminals Conference, and certain meetings with shipping lines, and to meet with certain government agencies. The recommendation was approved on passage of Resolution No. 30729. Sale of Surplus Scrap Metal was the subject of a memo to the Board from the Director of Administration notifying the Board of certain surplus metal which includes scrap, an old Navy landing mat, rail, tie plates and spikes, and two old fuel tanks. Quotations were received, and it was recommended that the scrap be sold to Schnitzer Steel Products at their bid price of $80,400.00. The recommendation was approved on passage of Resolution No. 30730. Approval of Annual Contract for Testing Services was the subject
of a MEMO to the Board from the Chief Engineer recommending approval to enter into an agreement with Consolidated Engineering Labs to perform the basic testing services required by the Port for the coming year. The firm will be compensated at the prices listed in their quotation, with a maximum payment of $250,000.00 for the year, with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30731.
Authorization for Open Market Purchase of Electronic Distance Meter was the subject of a memo to the Board from the Director of Administration recommending approval to dispense with formal bids and
May 17, 1988 - 11 - to acquire one Kern E-2 electronic distance meter on the open market at a cost not to exceed $30,000.00. The recommendation was approved on passage of Resolution No. 30734. Liability Claims was the subject of a memo to the Board from the Director of Administration notifying the Board of two claims by Northstar Aviation, Inc., the owner of a Piper Cherokee Lance which was involved in a mid-air collision, for contribution and indemnity as a result of being named as defendant in lawsuits filed by the heirs of the deceased. The claimant, alleges that the accident resulted from the "negligence and carelessness of the Fort of Oakland in establishing and implementing the arrival and departure procedures at the Oakland International Airport". The Board was also notified of a claim from Russell and Susan Nesmith in an amount said to exceed $20,000.00 for an alleged accident occurring when a rope at a worksite under the control of Rosendin Electric, Inc. broke, striking Mr. Nesmith. Defense of the claim has been tendered to Rosendin Electric pursuant to the contract dated September 2, 1987. As the Board has breached no duty owed the claimants, it was recommended that the claims be rejected. The recommendations were approved on passage of Resolution No, 30732.
Request to Terminate Tenancy of Myron C. Chirinchigno was the subject of a letter to the Board from the Port Attorney notifying the Board that the tenant is in possession of Berth #C716, Central Marina Basin, and has failed and refused to provide the Port with satisfactory evidence of insurance as required by the Agreement. It was recommended that the tenancy be terminated. The recommendation was approved on passage of Resolution No. 30714. Mr. Gary Knecht, owner of the Egghouse, appeared before the Board to ask the Board to take a position on the proposed expansion of a scrap metal operation at the main entrance to the Jack London Square area.
May 17, 1988 - 12 - He noted that all of the neighborhood building owners are objecting to the proposed expansion and asked that the Port take an official position with the City Planning Board against the use permit. The Board noted that they would receive a report on the matter from staff and then notify the City Planning Board that it would comment on the matter if deemed appropriate. The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of May 6, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the month of April, 1988. Accounts in Arrears as of April 30, 1988. Delinquent Accounts Referred to Legal Reported as of May 11, 1988. Summary of Claims Paid from Various Funds for the period April 26, 1988 through May 9, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commntu.rp Rng, Higgins , Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30711 APPROVING DECLARATION OF CONDITIONS, COVENANTS ANT RESTRICTIONS, BY-LAWS Aru CONDOMINIUM PLAN FOR COURTYARD ON MB COVE LEASEHOLD CONDOMINIUM." "RESCLUTION NO. 30712 CONCERNING CERTAIN APPOINTMENTS." "RESOLMON N(1). 30713 CONCERNING CERTAIN LEAVES OF ABSENCE." "RESOLUTION NO. 30714 AUTHORIZING TERMINATION OF TENANCY OF MYRON CHIRICHIGNO." "RESOLUTION NO. 30715 AUTHORIZING EXECUTION OF SECOND SUPPLEMENTAL AGREEMENT WITH RALPH BURKE ASSOCIATES."
May 17, 1988 - 13 - "RESOLUTION NO. 30716
AUTHORIZING EXECUTION OF TERMINATION AGREEMENT WITH THE CLOROX COMPANY." "RESOLUTION NO. 30717
COMPROMISING AND SETTLING CLAIM OF MANUEL URINE AND APPROVING EXECUTION OF STIPULATED SEWELFMENT." "RESOLUTION NO. 30718
COMPROMISING AND SETTLING CLAIM OF MIGUEL RUIZ AND APPROVING EXECUTION OF STIPULATED SETTLEMENT." "RESOLUTION NO. 30719 APPROVING PLANS AND SPECIFICATIONS FOR SECOND EXTENSION OF SECOND FLOOR ADDITION ]O BUILDING M-103, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT." "RESOLUTION NO. 30720 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH THE RATCLIFF ARCHITECTS." "RESOLUTION NO. 30721 AWARDING CONTRACT TO GALLAGHER BURK, INC., FOR CONS1RUCTION OF SANITARY SEWER TO MAIN PARKING LOT OFFICE TRAILER, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; AND FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH." "RESOLUTION NO. 30722 RATIFYING MEMORANDUM OF UNDERSTANDIING WITH UNITED PUBLIC EMPLOYEES LCCAL 790, AFL-CIO, YOUTH AIDE UNIT." "RESOLUTION NO. 30723 AUTHORIZING EXECUTION OF THE REIMBURSEMENT AGREEMENT AND THE REMARKETING AGREEMENT RELATING TO THE ISSUANCE OF PORT OF OAKLAND, CALIFORNIA, SUBORDINATED ADJUSTABLE RATE REVENUE BOND ANTICIPATION NOTES, 1988 SERIES A AND 1988 SERIES B." "RESOLUTION NO. 30724
AUTHORIZING SETTLEMENT OF CLAIM OF KATHLEEN BERTRAM." "RESOLUTION NO. 30725
GRANTING AMERICAN AJRLINES, INC. PERMISSION 90 PERFORM CERTAIN WORK." "RESOLUTION NO. 30726 GRANTING METROPOLITAN YACHT CLUB OF OAKLAND PERMISSION 10 PERFORM CERTAIN WORK."
May 17, 1988 - 14 - "RESOLUTION NO. 30727
AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30728 APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF BERTH 82 FIRE SPRINKLER HEADS, NINTH AVENUE TERMINAL, OAKLAND, CALIFORNIA, AND CALLING FOR BIDS THEREFOR, (CIP No. MS. 00113.12)." "RESOLUTION NO. 30729 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30730 AUTHORIZING THE SALE OF SURPLUS AND/OR METAL." "RESOLUTION NO. 30731 AWARDING CONTRACT FOR MATERIALS TESTING SERVICES, PORT OF OAKLAND, CALIFORNIA. "RFSCLUTION NO. 30732 REJECTING CLAIMS OF A) NORTH-STAR AVIATION, INC.; AND B) RUSSELL AND SUSAN NESMITH." "RESOLUTION NO. 30733 AUTHORIZING RENEWAL OF CONTRACT WITH FUELING MAINTENANCE COMPANY FOR MAINTENANCE ALL OPERATION OF AVIATION FUEL STORAGE FACILITY, HYDRANT FUELING SYSTEM., AND SERVICE AND MAINTENANCE OF AVIATION REFUELERS AND SERVICERS, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, AND FOR INSURANCE PREMIUM ADJUSTMENT FOR PERIOD MAY 1, 1988 TO APRIL 30, 1989." "RESOLUTION NO. 30734 FINDING AND DETERMINING THAT 11 IS IN THE BEST INTEREST OF THE PORT TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PURCHASE AN ELECTRONIC DISTANCE METER THROUGH A PURCHASE ORDER CONTRACT." "RESOLUTION NO. 30735 APPROVING PROPOSAL AND AUTHORIZING EXECUTION OF A SALES AGREEMENT WITH MATSON TERMINALS, INC." "RESOLUTION NO. 30736 APPROVING AND AUTHORIZING EXECUTION OF LOAN DOCUMENTS RELATED TO BANKERS TRUST COMPANY S PROPOSED CONSTRUCTION/TERM LOAN TO GAYLAND PORTSIDE ASSOCIATES AND OF AMENDMENT TO BRIDGE AGREEMENT LETWETV THE PORT AND PORTSIDE PROPERTIES PROVIDING FOR EXTENSIONS OF LOAN CLOSING DEADLINE DATE."
May 17, 1988 - 15 - "RESOLUTION NO. 30737 APPROVING AND AUTHORIZING ISSUANCE OF CHANGE ORDER IN CONTRACT WITH KOREA SHIPBUILDING AND ENGINEERING CORPORATION FOR CONS iRUCTION AND INSTALLATION OF TWO CONTAINER CRANES AT OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30738 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT WITH GEDMATRIX CONSULTANTS, INC." "RESOLUTION NO. 30739 GRANTING OAKLAND SWAN WAY, LTD. PERMISSION TO PERFORM CERTAIN WORK." Port Ordinance No. 2810 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF FIFTH SUPPLEMENTAL AGREEMENT WITH AMERICAN PRESIDENT° LINES, LTD.", and Port Ordinance No. 2811 being, "AN ORDINANCE APPROVING AND AUTHORIZING THE SUPPLEMENTAL AGREEMENT (EXTENSION OPTIONS) WITH AMERICAN PRESIDENT LINES, LTD.", and Port Ordinance No. 2812 being, "AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LEASE WITH UP-RIGHT, INC. AND DIR 1ING RECORDATION THEREOF", and Port Ordinance No. 2813 being, "AN ORDINANCE AMENDING PORT ORDINANCE No. 964 RELATING TO DOCKAGE AND WHARFAGE RATES", were read a second time and passed by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None At the hour of 4:50 p.m. the Board entered into closed session as previously announced by President Hunter, and reconvened in open session at the hour of 6:20 p.m. at which time the meeting was adjourned on a motion duly made and seconded.
Secretary
May 17, 1988 - 16 - REGULAR MEETING OF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAM
The meeting, formal portion, was held on Tuesday, June 7, 1988, at the hour of 4:25 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:30 p.m. to 4:15 p.m. during which time the Board reviewed the proposed Port budget for 1988-89. Commissioners present: Eng, Higgins, Pineda, Sweeney, WardAllen, Wasserman and President Hunter - 7 Comudssioners absent: None Also present were the Executive Director, Deputy Executive Director, Port Attorney, Assistant Chief Engineer, Director of Properties, Director of Administration,. Director of Fiscal Affairs, Director of Aviation, Special Assistant to the Executive Director Gerald Pope, Director of Public Affairs, Manager, Marine Terminals and Secretary of the Board. The minutes of the regular meeting of April 19, 1988 and the special meeting of April 28, 1988 were approved as submitted and ordered filed. Mr. Elmus Cloud, Chief Airport Janitor, received his 35-year service award. Ms. Betty Neuhart, Regional Director of the U.S. Department of Commerce, presented the E-Star Award and Flag to the Board, which was received by the Port from the President in recognition of the Port s efforts in increasing America s exports. President Hunter informed the Board that he would call for a closed session for the purpose of discussing: 1. Pending litigation as provided for under Government Code 554956.9 (a) involving Oakland Airport Fill Litigation (People of the State of California, ex rel. John K. Van de Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) V. John O. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Iorthern District of California, NO. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEH); 2. California Toxics Action (dba Citizens for a Better Environ- ment) et al. v. Port of Oakland, Alameda County Superior Court Action No. 637733-1; 3. Half Moon Bay Fisherman s Marketing Association et al. V. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; 4. County of San Mateo V. Port of Oakland et al, San Mateo County Superior Court No. 329870; 5. Pending litigation as provided for under Government Code §54956.9 (b) and (c); and 6. Personnel matters as provided for under Government Code S5457.
Agreement with Carlson Marketing Group for a Travel Agent Incentive Program was the subject of a memo to the Board from the Director of Aviation recommending approval to enter into an agreement with the Carlson Marketing Group to develop a travel agent incentive program for travel agencies in the Oakland International Airport Air Trade Area. As the cost of the program was included in budget discussions, Coumdssioner Wasserman moved to table discussion on the subject. The motion was seconded and passed unanimously.
June 7, 1988 - 2 - Authorization to Dispense with Bids for New Fuel Hydrant Valves, South Airport was the subject of a memo to the Board from the Chief Engineer notifying the Board of the installation of the hydrant fueling system in 1983 and of the subsequent expansion of the system. New and improved hydrant valves and couplers have come on the market, and it was recomended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures and to authorize the purchase of the new improved valves and coupler system on the open market; authorize a change order to Fueling Maintenance Company to install the new valves and couplers, and declare the existing valves and couplers to be surplus and authorize the Purchasing Manager to sell them on the open market. It was noted that the 47 valves and 8 couplers would be purchased from Thiem Industries at a price of $125,000.00. The cost of installation would be approximately $17,000.00, and the estimated resale value of the old equipment is $40,000.00. The recommendation was approved on passage of Resolution No. 30749 for sale of surplus equipitent, Resolution No. 30750 for purchase of new valves, and Resolution No. 30751 providing for the installation of the new equipment. Airport Liability Insurance was the subject of a memo to the
Board from the Director of Administration notifying the Board of the policy for losses arising out of airport operations and that various proposals were received. The present policy expired on June 1, 1988, and in order to maintain continuous coverage, the Executive Director bound coverage with Lloyd s of London subject to ratification of the Board of Port Commissioners. It was recommended that the Board ratify the Executive Director s decision to bind airport liability coverage with Lloyd s of London for an annual premium of approximately $180,000.00. The proposal has limits of $150,000,000.00 subject to a $100,000.00 annual aggregate deductible. The recommendation was approved on passage of Resolution No. 30760.
June 7, 1988 - 3 Agreement for Engineering Services in Connection with Upgrading
Linder Aircraft Wing Fire Protection System at George P. Miller Hangar,
South Airport was the subject of a memo to the Board from the Chief Engineer notifying the Board that the under aircraft wing foam/water fire extinguishing system in the hangar was deactivated by World Airways as the detector system did not work properly. United Airlines insurance underwriter has requested that the detector system be reactivated after modifying or upgrading to eliminate the problems experienced by World Airways. It was recommended that the Board enter into an agreement with Schirmer Engineering Corporation to evaluate the existing system and design the required modifications to the detecting system. The firm will be paid for their services on a cost-plus fixed-fee basis. They will be reimbursed for their cost of performing the work on this project, including the direct salaries and fringe benefits of personnel, other direct costs, and overhead, and a fixed fee of $3,150.00 for profit and contingency. The maximum payment under the agreement would be $30,000.00 with certain additional work available at the discretion of the Executive Director. The reconmendation was a pproved on passage of Resolution NO. 30740.
Approval of Change Order to Remove Unsuitable Material Along New
Air Cargo Road for "Roadway and Utility Extensions for the Air Cargo
Center Development, South Airport" was the subject of a memo to the Board from the Chief Engineer notifying the Board that, during the construction of the new road to provide Federal Express access for their trucks between Airport Drive and their new Metroplex Building, the contractor encountered a large area of unstable soils which had to be removed. It was recommended that the Chief Engineer be authorized to issue a change order to Oliver de Silva, Inc., the contractor, for $52,588.39 for correction of unsuitable soils. The recommendation was approved on passage of Resolution No. 30741,
June 7, 1988 - 4 - Approval of Change Order to Couply with CALTRANS T Requirements on
Doolittle Drive for "Construction of Water Main Extensions on Airport
Drive, Doolittle Drive and Hegenberger Road" was the subject of a memo to the Board from the Chief Engineer recommending that the Chief Engineer be authorized to issue a change order to W. H. Ebert Corporation, the contractor, in the amount of $64,570.00 for additional trenching and backfilling requirements along Doolittle Drive to meet new requirements adopted by CAL1RANS for the installation of the new water line. The recommendation was approved on passage of Resolution No. 30752.
License Agreement Renewal - CUinn Electronics, Inc. was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for space at Building t-727, North Airport, used for the sale of surplus aviation electronic parts and equipment at a new monthly rental of $2,736.66. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously.
License Agreement Renewal - Kimair Company was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for space at Building L-721, North Airport, used for the sale of surplus aviation parts and equipment, at a new monthly rental of $2,534.01. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. License Agreement Renewal - Forty Plus of Northern ( 1 ifornia was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for space at Building L-802, North Airport, used as an office for employment services, at a new monthly rental of $969.51. The recommendation was approved on a motion by Commissioneer Pineda, seconded and passed unanimously.
Marina Rate Increases was the subject of a motto to the Board from the Director of Properties notifying the Board that the current marina rates and charges were set in November, 1986. The current marina rates
June 7, 1988 - 5 - are based on the average rate of $4.39 per lineal foot for double-finger berths. It was recommended that the rate be increased by 5% to $4.58 per lineal foot. Also recommended was an increase for utility charges and side-tie rates. The recommendation was approved on an ordinance passed to print. It was noted that the rates would be effective August 1, 1988. Mr. Gary Knecht, owner of the FggHouse appeared before the Board to note that the use permit appeal by Lakeside Metals to operate a scrap facility had been denied by the City Planning Board. He noted that the City was also investigating other activities associated with the operation. Commissioner Higgins noted that it was in the best interest of the Port to monitor the activities in the vicinity of Jack London Square to insure the success of the new projects currently under construction. Approval of Utility Company Agreement for Installation of EBNUD Water Distribution Facilities Serving Jack London Square was the subject of a memo to the Board from the Chief Engineer recommending approval to enter into an agreement with EBMUD for extending approximately 200 feet of eight inch steel water main and installing one fire hydrant at the foot of Washington Street. The Port will pay the cost of the work, estimated to be $41,000.00, and grant FBMUD an easement for access to their facilities. The recommendation was approved on passage of Resolution No. 30764. Building Permit Application, Cove II Cffice Complex, 1900 linbarcadero, Fmbarcadero Cove was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of certain interior improvements to be occupied by the California State Automobile Association which will operate a claim s service office at the location. The estimated cost of the proposed improvements is $45,000.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30753.
June 7, 1988 - 6 - Building Permit Application, Oakland Executive Center, 7677 Oakport Street was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of certain interior improvements to the 12th floor of the building to be occupied by Unisys Corporation. The estimated cost of the proposed improvements is $75,000.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30754. Oakland Portside Associates Construction Loan with Bankers Trust
Company was the subject of a memo to the Board from the Director of Properties notifying the Board that the loan papers related to the Oakland Portside Associates $40,000,000.00 construction loan with Bankers Trust Company are being prepared for final review and concurrence, and it was recommended that the Bridge Agreement be amended to extend the closing deadline to and including June 22, 1988. The recommendation was approved on passage of Resolution No. 10759. Fast Bay Group - Lease Option Ext ension was the subject of a memo to the Board from the Director of Properties notifying the Board of the lease option agreement with East Bay Group (John Norton) for the development of a hotel on Embarcadero and 16th Avenue. The option was effective October 1, 1987 and will expire June 30, 1988. Due to delays in receiving the appropriate permits from BCDC for development in the area, it was recommended that the Board extend the lease option term for two additional months with a $25,000.00 payment. The $25,000.00 would be converted to the security deposit specified in the lease, if the option is exercised. The developer would continue to pay the monthly option payments of $5,000.00 for each month of the lease option extension. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously.
June 7, 1988 - 7 - First Supplemental Agreement with OPA for the former Gallagher s
Restaurant and Demolition Permit Application for the Building - Jack London Square was the subject of a memo to the Board from the Director of Properties notifying the Board that Oakland Portside Associates had negotiated an agreement with the Elegant Farmer, Inc. to purchase the restaurant lease together with the furniture, fixtures and equipment. It was recommended that the Board approve a first supplemental agreement to the lease providing for the continued closure of business operations; an auction of all fixtures, furnishings and equipment; demolition of the building, and use of the land site for auxiliary parking and/or construction staging. The length of the lease term will remain at August 2041. The estimated cost of the proposed demolition work is $20,000.00. An addendum to the Supplemental Final Environmental Impact Report Central Area Project, Jack London Square Project Development Plans, dated December, 1984, has been prepared to evaluate the proposed project with the conclusion that no additional environmental impacts will result from the proposed building demolition. The recommendation was approved on passage of Resolution No. 30765.
Crane and Liability Insurance was the subject of a memo to the Board from the Director of Administration notifying the Board of the policy covering all of the container cranes and crane transfer system for full replacement cost, which has been determined to be approximately $82.8 million at current values. The previous coverage provided by the Marine Office of America Corporation, expired on May 20, 1988. It was recommended that the Board ratify the Executive Director s decision to bind coverage with Lloyd s of London through Johnson Higgins of California in the approximate amount of $275,000.00. The new policy provides greater coverage and Commercial General Liability. The recommendation was approved on passage of Resolution No, 30761.
June 7, 1988 - 8 Professional Services Agreement, Turbidity Monitoring for Construction of Perth 26, Cuter Harbor Terminal was the subject of a memo to the Board from the Chief Engineer recommending approval to enter into an agreement with Johnson Offshore Services to provide monitoring of turbidity effects of the dredged material from Berth 26 as it is discharged. The monitoring is part of of the permit received from the Regional Water Quality Control Board and the Bay Conservation and Development Commission. The firm will be compensated on a time-and-materials basis up to a maximum of $25,000.00, with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30763.
Amendment to Management Agreement with Pasha Properties, Inc. was the subject of a memo to the Board from the Deputy Executive Director notifying the Board that the Port has a five-year term Management Agreement with Pasha Properties for operation of the Bay Bridge Terminal that will expire January 31, 1989. A major portion of the terminal area is leased from the U.S. Army and has some substantial physical deficiencies causing terminal operation problems. The Port and the U.S. Army have been negotiating an agreement to use rental money due the U.S. Army to do extensive rehabilitation work. In recognition of the physical deficiencies and operational problems associated with the stevedoring of cargo at the Bay Bridge Terminal and for the disruption that would occur during the two year period of the actual rehabilitation work, the Port agreed to grant a 7% additional discount over and above the basic revenue sharing for break bulk cargo operations and 5% for automobile operations. As a result of a recent terminal operations review, it has been determined that it is appropriate to grant Pasha an additional 6% sharing for operational problems associated with the terminal for the remaining term of the agreement. It was recommended that the Management Agreement be amended to reflect the additional discount. The recommendation was approved on passage of Resolution No. 30742.
June 7, 1988 -9- Computer Equipment Upgrade was the subject of a memo to the Board from the Director of Administration notifying the Board that the Port s mainframe computer has reached peak capacity use for memory and 95% of available disc space is now being utilized. It was recommended that the Board approve the purchase of additional memory capacity estimated to cost $7,285.00 and the addition of a disc subsystem containing two drives as
one unit, with an estimated cost of $28,187.00. The recommendation was approved on passage of Resolution No. 30755.
Personnel Items contained in a memo to the Board from the
Director of Administration recommended the appointment of Sharon S. MacBeath as Traffic Representative and Traffic Analyst II, effective June 8, 1988, at $2,480 per month; Mary E. Davidson as Account Clerk, effective June 20, 1988, at $1,733 per month; and Raymond Reinosa as Youth Aide Class "AA", effective June 13, 1988, at $14.23 per hour. Also recommended was approval of the examination announcement for the position of Port Environmental Planner Assistant (Urban Design Specialty); approval for the revision to class specifications for Airport Operations Supervisor; and termination of employment of Samuel A. McNeil, Semiskilled Laborer, effective June 8, 1988, due to a permanent disability. The recommendations were approved on passage of Resolution No. 30743 for appointments, Resolution No. 30744 for examination announcement, Resolution No. 30745 for revision to class specification; and Resolution No. 30746 for termination. Travel Authorization contained in a memo to the Board from the Director of Administration reconmiended approval for the travel of the President of the Board and the Executive Director to Washington, D.C., on or about May 22, 1988, to receive the E-Star award from the President of the United States; the travel of Yasushi Yamada, Marine Commercial Representative IV, to Lovelock and Reno, Nevada, on or about June 6, 1988, to call on Menezes Bros. Inc.; the travel of the Director of Research to Washington, D.C., on or about June 6, 1988, to attend the Foreign Trade
June 7, 1988 - 10 - Data Users Group Meeting and to meet with certain government officials; the travel of John Aidoo, Port Principal Engineer, to Tacoma, Washington, on or about the period June 7-11, 1988, to attend Port Operations Seminar sponsored by the American Association of Port Authorities; the travel of the Chief Wharfinger, to Tacoma, Washington, on or about June 8, 1988, to attend Port Operations Seminar sponsored by the American Association of Port Authorities; the travel of the Director of Aviation, to Dallas, Texas, on or about June 9, 1988, to meet with officials of Southwest Airlines; the travel of the Deputy Executive Director, to New York City, the northern New Jersey area, and Washington, D.C., to meet with shipping line clients and to attend planned meetings in Washington with various government agencies, during the period June 12-15, 1988. The recommendation was approved on passage of Resolution No. 30747. Umbrella Liability Renewal was the subject of a memo to the Board from the Director of Administration notifying the Board of the Port s participation in the California Association of Port Authorities Umbrella Liability Insurance Program which provides $100,000,000.00 of coverage in excess of the $1,000,000.00 General Liability bound effective May 20, 1988 by Lloyd s of London. The Port also participates in a CAPA $50,000,000.00 excess of the $101,000,000.00. It was recommended that the Board approve the Port s continued participation in the CAPA $150,000,000.00 excess liability insurance program, with the Port s share of the premium to be approximately $86,149.00. The recommendation was approved on passage of Resolution No. 30762.
Authorization for Cpen Market Procurement of Two (2) Automated Ticket Machines the subject of a memo to the Board from the Director of Administration recommending approval to purchase two System III full featured automated parking ticket dispensers manufactured by Park on Self System of Novato, California, at an estimated cost not to exceed $26,000.00. The units will be placed in Paking Lot 12 (behind the
June 7, 1988 - 11 - Overland Grill Restaurant) and the parking lot adjacent to the West Basin Marina. The recommendation was approved on passage of Resolution No. 30756. The following reports were discussed and ordered filed: Status of Construction Contracts in Progress as of May, 1988. Status of Consultant Contracts in Progress as of May, 1988. Summary of Cash - Port Revenue and Construction Funds as of May 27, 1988. Sumrnary_of Claims Paid from Various Funds for the Period May 10, 1988 through May 27, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "ROLUTION NO. 30740
FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH SCHIRMER ENGINEERING CORPORATION FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30741
APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACT FOR CONSTRUCTION OF ROADWAY AND UTILITY EXTENSIONS FOR THE AIR CARGO CENTER DEVELOPMENT, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND CALIFORNIA." "RESOLUTION NO. 30742 AUTHORIZING EXECUTION OF FOURTH SUPPLEMENTAL AGREEMENT WITH PASHA PROPERTIES, INC." "RESOLUTION NO. 30743
CONCERNING CERTAIN APPOINTMENTS."
June 7, 1988 - 12 - "RESOLUTION NO. 30744 APPROVING EXAMINATION ANNCUNCFEENT FOR THE POSITION OF PORT ENVIRONMENTAL PLANNER ASSISTANT (URBAN DESIGN SPECIALTY)." "RESOLUTION NO. 30745 APPROVING JOB SPECIFICATION FOR THE POSITION OF AIRPORT OPERATIONS SUPERVISOR." "RESOLUTION NO. 30746 TERMINATING APPOINTMENT OF SAMUEL A. MCNEIL." "RESOLUTION NO. 30747 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30748 GRANTING MATSON NAVIGATION COMPANY PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30749 AUTHORIZING SALE OF SURPLUS PERSONAL PROPERTY." "RESOLUTION NO. 30750 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PROCURE FORTY-SEVEN FUEL HYDRANT VALVES AND EIGHT COI UFVERS."
"RESOLUTION NO. 30751 APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACT FOR HYDRANT FUELING SYSTEM, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30752 APPROVING AND AUTHORIZING ISSUANCE OF CHANGE ORDER FOR CONTRACT FOR CONSTRUCTION OF WATER MAIN EXTENSIONS ON AIRPORT DRIVE, DOOLITTLE DRIVE AND HEGENBERGER ROAD," "RESOLUTION NO. 30753
GRANTING BELT, SAVINGS AND LOAN ASSOCIATION PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30754 GRANTING CAMMEDY S AIRPORT EXECUTIVE ASSOCIATES PERMISSION PERFORM CERTAIN WORK."
June 7, 1988 - 13 - "RESOLUTION NO. 30755
FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT 10 WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PROCURE ADDITIONAL COMPUTER MEMORY CAPACITY AND DISC DRIVE EQUIPMENT." "RESOLUTION NO. 30756 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT ID PURCHASE TWO AUTOMATED PARKING TICKET DISPENSER SYSTEMS WITHOUT COMPETITIVE BIDDING AND AUTHORIZING NEWTIATION AND EXECUTION OF A CONTRACT THEREFOR." "RESOLUTION NO. 30757 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30758 GRANTING PERMISSION 1.0 EDGAR L. BUTTNER TO SUBLET PREMISES." "RESOLUTION NO. 30759 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENT TO BRIDGE AGREEMENT BETWEEN THE PORT AND PORTSIDE PROPERTIES PROVIDING FOR EXTENSION OF LOAN CLOSING DEADLINE DATE." "RESOLUTION NO. 30760 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO PURCHASE COVERAGE WITHOUT COMPETITIVE BIDDING THEREFOR AND RATIFYING THE BINDING AND PURCHASE THEREOF." "RESOLUTION NO. 30761
FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO PURCHASE CRANE AND LIABILITY INSURANCE WITHOUT COMPETITIVE BIDDING AND RATIFYING THE PURCHASE THEREOF." "RESOLUTION NO. 30762 FINDING AND DETERMINING THAT IT IS IN THE BFI INTEREST OF THE PORT TO PURCHASE UMBRELLA LIABILITY INSURANCE COVERAGE WITHOUT COMPETITIVE BIDDING AND AUTHORIZING PARTICIPATION IN THE CARA UMBRELLA INSURANCE PROGRAM." "RESOLUTION NO. 30763 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH JOHNSON OFFSHORE SERVICES FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30764
APPROVING AND AUTHORIZING EXECUTION OF UTILITY COMPANY AGREEMENT AND GRANT OF EASEMENT To EAST BAY MUNICIPAL UTILITY DISTRICT."
June 7, 1:988 - 14 - "RESOLUTION NO. 30765 CERTIFYING REVIEW AND CONSIDERATION OF ADDENDUM TWO TO THE SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT REPORT CENTRAL AREA PROJECT, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, APROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT TO THE ELEGANT FARMER, INC. LEASE, AND APPROVING A PERMIT TO DEMOLISH FORMER RESTAURANT BUILDING."
Port Ordinance No. - being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2161 ESTABLISHING THE RULES AND REGULATIONS FOR THE PORT OF OAKLAND S EMBARCADERO COVE MARINA AND FOR FIXING THE RATES AND CHARGES IN CONNECTION THEREWITH", and Port Ordinance No. being, "AN ORDINANCE RELATING TO THE EFFECTIVE DATE OF NEW SALARY RATES EbIABLISHED UNDER CERTAIN SECTIONS OF PORT ORDINANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE PORT DEPARTMENT", and Port Ordinance No. being, "AN ORDINANCE AMENDING SUBSECTION N IC SECTION 8.02 OF PORT ORDINANCE NO. 2199 ESTABLISHING PERSONNEL RULES AND PROCEDURES OF THE PORT OF OAKLAND RELATING TO. THE EMPLOYEE SICK LEAVE INCENTIVE PLAN AND REPEALING SUBSECTION M THEREOF", and Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 2 OF PORT ORDINANCE NO. 1166 RELATING TO THE CONTRIBUTIONS OF THE PORT OF OAKLAND TOWARD THE COST OF EMPLOYEE GROUP HEALTH INSURANCE DURING MATERNITY LEAVE", and Port Ordinance No. being, "AN ORDINANCE AMENDING SUBSECTION 1.31 OF PORT ORDINANCE NO. 867 RELATING TO SHIFT DIFFERENTIAL", and Port Ordinance No. being, "AN ORDINANCE AMENDING SUBSEcTION C TO SECTION 8.06 OF PORT ORDINANCE NO. 2199 ESTABLISHING PERSONNEL RULES AND PROCEDURES OF THE PORT OF OAKLAND RELATING TO FAMILY DEATH LEAVE EXCEPTIONAL CASES", and Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 1.32 OF PORT ORDINANCE NO. 867 RELATING TO ADDITIONAL COMPENSATION WHILE WORKING TEMPORARILY IN A HIGHER CLASSIFICATION", and Port Ordinance No. being, "AN ORDINANCE ADDING SECTION 1.304 TO PORT ORDINANCE NO. 867 RELATING TO THE EXTRAORDINARY SERVICE PAY PROGRAM FOR THE PROFESSIONAL ENGINEERING UNIT", were read a first time and passed to print, by the following vote:
June 7, 1988 - 15 - Ayes: Commissioners Eng, Higgins, Pineda, Sweeney, Ward Allen, Wasserman. and President Hunter - 7 Noes: None Absent: None At the hours of 4:55 p.m. the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 6:25 p.m. The following resolution was introduced: "RESOLUTION NO. 30766 APPROVING AND AUTHORIZING EXECUTION OF SEIILFMENT AGREEMENT REGARDING LITIGATION (CALIFORNIA TOMOS ACTION (DBA CITIZENS FOR A BETTER ENVIRONMENT) AND GREGORY KARRAS V. PORT OF OAKLAND)." At the hour of 6:30 p.m., the meeting was adjourned to 4:00 p.m., Tuesday, June 14, 1988.
The meeting was reconvened on Tuesday, June 14, 1988, at the hour of 4:08 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California. In the absence of a presiding officer and in concurrence with the Port s By Laws, the Secretary of the Hoard c-Allcd the meeting to order. Commissioners present: Brady, Higgins, Pineda, Sweeney, Ward Allen, and Wasserman - 6 Commissioners absent: President Hunter - 1 Also present were the Executive Director, Port Attorney, Assistant Port Attorney, Thomas Clark, Director of Public Affairs, and Secretary of the Board. The Executive Director introduced Mr. Ronald Brady, Senior Vice President for Aeffairistration, University of California, as the Board s newest member attending his first meeting. The Secretary of the Board informed the Board that a closed session would be held immediately for the purpose of discussing:
June 7, 1988 - 16 - June 14, 1988 1. Pending litigation as provided for under Government Code §54956.9 involving Oakland Airport Fill Litigation (People of the State of California, ex rel. John K Van de Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 qTE); 2. California Toxics Action (dba Citizens for a Better Environ- ment) et al. v. Port of Oakland, Alameda County Superior Court Action No. 637733-1; 3. Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Cakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; 4. County of San Mateo v. Port of Oakland et al, San Mateo County Superior Court No. 329870; 5. Pending litigation as provided for under Government Code 554956.9 (b) and (c); and 6. Personnel matters as provided for under Government Code 554957. The Board entered into closed session at the hour of 4:15 p.m., and reconvened in open session at the hour of 7:15 p.m., at which time the meeting was adjourned on a motion duly nade and seconded.
June 14, 1988 - 17 - REEULAR MEETING OF rut BOARD OF PORT COM4ISSP3KRS OF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, June 21, 1988, at the hour of 4:08 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 2:15 p.m. to 3:45 p.m. during which time the Board discussed the Port s budget for 1988-89. Commissioners present: Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Commissioners absent: None Also present were the Executive Director; Deputy Executive Director; Port Attorney; Director of Aviation; Commercial Representative William West; Chief Engineer; Assistant Chief Engineer; Director of Properties; Senior Commercial Representative; Special Assistant to the
Executive Director for Trade Relations; Director of Public Affairs; and
Secretary of the Board. The minutes of the regular meeting of May 3, 1988 and the regular meeting of May 17, 1988 were approved as submitted and ordered filed. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code S54956.9 (a) involving Oakland Airport Fill Litigation (People of the State of California, ex rel. John K. Van de Kamp, Attorney General of the State of California, and the California Regional Water Quality Control Board (San Francisco Region) v. John 0. Marsh, Secretary of the Army et al. and Port of Oakland, United States District Court, Northern District of California, No. C 86 5817 RHS and Golden Gate Audubon Society, Inc. et al. v. United States Army Corps of Engineers et al. and Port of Oakland, United States District Court, Northern District of California, No. C 87 6063 TEE); 2. California Toxics Action (dba Citizens for a Better Environ- ment) et al. v. Port of Oakland, Alameda County Superior Court Action No. 637733-1; 3. Half Moon Bay Fisherman s Marketing Association et al. V. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; 4. County of San Mateo v. Port of Oakland et al, San Mateo County Superior Court No. 329870; 5. Pending litigation as provided for under Government Code §54956.9 (b) and (c); and 6. Personnel matters as provided for under Government Code §54957. Building Permit Application - Automated Flight Service Station, Federal Aviation Administration, North Airport was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of the building to be located on leased premises at 1027 Grumman Street adjacent to the existing FAA Tracon building. The building will be one story high and contain approximately 12,000 square feet of floor space. The site plan provides for landscaping and off-street parking for 84 vehicles. The proposed building will be used to house computer equipment and air traffic personnel who will provide pilots with current flight and weather information, assist lost aircraft and record a pilot s flight plan. The estimated cost of the proposed improvements is $1,200,000.00. The environmental documents associated with the development of the North Airport were previously reviewed by the Board and no additional environmental documentation is necessary. The recommendation was approved on passage of Resolution No. 30767.
June 21, 1988 - 2 - New Lease Agreement - US Postal Service was the subject of a memo to the Board from the Director of Aviation recommending approval of a new lease for a portion of Building L-812 at the North Airport to be used as an Air Mail Facility to support the projected growth in mail volume. The premises would consist of 22,000 square feet of office and shop space, 24,200 square feet of adjoining apron and 21,560 square feet of parking area. The term of the lease will be five (5) years with two 5-year options to extend the term. The rental for the first five years would be $5,500 per month to be paid in arrears. With the first five-year option the rent will be increased by 7% per year, or $7,425 per month. With the second five-year option the rent will be adjusted to market, using the three-appraiser method. All improvements on the premises, including the remodeling and refurbishing of the space, will be made by the US Postal Service in accordance with Port-approved plans and specifications. The Port will be responsible for the maintenance and repair of the roof, exterior walls, apron, parking and structural integrity of the building. The proposed lease also contains the Port s standard provisions where applicable and the Federal Government s standard provisions. The lease also provides for ingress/egress routes to the premises. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Plans and Specifications for Reroofing Terminal Building M-102, South Airport was the subject of a memo to the Board from the Chief Engineer recommending their approval and authority to advertise for bids for the roof work which includes the main roof of the terminal building, the 11th floor control tower roof and the tower cab roof. The project is cateorically exempt and an EIR is not required. The recommendation was approved on passage of Resolution No. 30768. Plans and Specifications for Reroofing Building 1,1-812, North Airport was the subject of a memo to the Board from the Chief Engineer recommending their approval and authority to advertise for bids for the
June 21, 1988 - 3 - new roof on the building which will be used by the US Postal Service for their airmail facility. The project is cateorically exe i iqL and an EIR is not required. The recommendation was approved on passage of Resolution No. 30769.
FAA, Agreement Time Extension, Relocation of R72, South Airport was the subject of a memo to the Board from the Chief Engineer notifying the Board that Radio Transmitter 2 is the transmitter for South Airport traffic control tower communications and is located in an area proposed for development under the 180-acre Corps fill permit. An agreement was reached with the FAA to move RT-2 to a location south of the runway, with the Port paying all costs for the new facility. Due to delays in implementation of the fill permit, the timing of the relocation is not as urgent as it appeared in 1986, and it was recommended that the agreement be extended for one year so work in support of the relocation project can continue. The recommendation was approved on passage of Resolution No.
30783.
Authorization to Terminate Tenancies - Hangar 7 was the subject of a memo to the Board from the Director of Aviation notifying the Board that two primary tenants will be °cowing bays in Hangar 7 and th .. Port must deliver the premises for occupancy free of tenants using the hangar area. It was recommended that the Board terminate the tenancies of Daniel A. Miller dba Custom Aircraft Services and Sierra Pacific Airlines, Inc. It was noted that efforts are being made to relocate the tenants on the North Airport. The recommendation was approved on passage of Resolution No. 30774. New License Agreement - Rainin Investments, Inc. was the subject of a memo to the Board from the Director of Aviation recommending approval of a new agreement with Rainin Investments, Inc. to occupy office, hangar and apron space at Building L-710, North Airport, at a new monthly rental of $3,002.61. The firm manufactures and sells medical, optical and
June 21, 1988 - 4 - scientific equipment in the United States and Europe and owns and operates a Canadair Challenger, a 19-passenger jetliner, as its corporate aircraft. In addition to its own use, it will provide charter service to other corporate users, including the Clorox Company. The recommendation was approved on a motion by Couutissioner Higgins, seconded and passed unanimously.
License Agreement Renewal - Benco, Inc. was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for office, hangar, shop and apron space at Building L-310, North Airport, at a new monthly rental of $4,732.02. The firm is a wholly-owned subsidiary of Hilton Hotels Corporation, and the space is used for the maintenance of Hilton s corporate aircraft. The recommendation was approved on a motion by Commissioner Higgins, seconded and passed unanimously. Recommendation to Ratify, Approve and Authorize Execution of OPA-Bankers Trust comeany4eap Documents, OPA-Port Lease Amendments, and Related lixlennity Agreement Between Port and Portside Properties (Jack London Square Phase I Area DevelopmnL) was the subject of a memo to the Board from the Director of Properties notifying the Board of the previously authorized authority to sign a loan commitment letter from Bankers Trust Company for financing construction of the five existing ground leases in the Oakland Portside Associates portion of the Jack London Square Project. The loan closing documents and lease agreement amendments were signed and recording is scheduled for June 22, 1988. It was recommended that the Board pass a resolution ratifying, approving and authorizing the Executive Director and/or the Secretary of the Board s execution of the Bankers Trust Company loan documents on behalf of the Port as a general partner in OPA or on behalf of the Port as a guarantor or lessor, as the case may be. The documents consist of 20 separate instruments and 9 amendments to the leases, and an Indemnity Agreement. The recouuendation was approved on passage of Resolution No. 30784.
June 21, 1988 - 5 - Plans and Specifications. Construction of Parking Structure on Lot
10, Jack London Square was the subject of a memo to the Board from the Chief Engineer recommending their approval and authority to advertise for bids for the construction of the facility. The project consists of constructing a seven-level reinforced concrete parking structure of approximately 350,000 square feet of floor area, including concrete finishing, masonry, waterproofing, sheet metal, painting, signing, graphics, doors and windows, four elevators, two large decorative clocks, electrical systems and lighting, plumbing, a fire protection system, and drains. Included in the work are provisions for 14,000 square feet of future commercial space on the first two floors of the structure. The work also includes construction of a pedestrian bridge to the new Port office building. The recommendation was approved on passage of Resolution No. 30785. Plans and Sepcifications, Construction of Public Areas, Part B,
Jack London Square was the subject of a memo to the Board from the Chief Engineer recommending their approval and authority to advertise for bids. The project consists of constructing a 42,200 square foot portion of public plaza on the west side of Jack London Square. The work includes demolition of existing site improvements; placing of aggregate base and lightweight concrete to attain required grades; asphalt concrete paving; placing of interlocking pavers with some areas of decorative patterns; construction of features such as planters with irrigated landscaping, a fountain, street furniture and lighting fixtures; and construction of electrical service. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30786. Building Permit Application, Structural Framing, Oakland Portside
Associates, The Food Pavilion, 79 Jack London Square, Oakland was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of the structural framing of the food
June 21, 1988 - 6 - pavilion building over the underground parking garage. The estimated cost of this phase of the project is $375,000.00. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30787. Building Permit Applications, Foundation and Structural Framing, Oakland Portside Associates, Retail Buildin1s - Waterstreet I III, 71 and 89 Jack London Square, Oakland was the subject of a memo to the Board from the Chief Engineer recommending approval for the first construction phase of the one-story retail buildings to be located north of the existing Scott s restaurant known as Waterstreet I building, and in front of the Boatel along the South section of Water Street, known as Waterstreet III building. The first construction phase includes clearing the sites of all obstructions, including any buried utility lines and debris; subgrade compaction and preparation for filling, trench excavation and bedding for necessary pipelines; driving of friction piles and constructing grade beams and slabs; and installing the structural framing and roofing of the structures. The estimated cost of the proposed Waterstreet I building is $75,000.00 and Waterstreet III building is $40,000.00. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30788.
Hungry Hunter Restaurant-Lease Assignment was the subject of a memo to the Board from the Director of Properties notifying the Board that Paragon Restaurant Group, Incorporated dba Hungry Hunter Restaurant in the Embarcadero Cover area, is operating under a 15 year lease with two five-year options. The original lease term expires September 30, 1988, and the lessee received Board approval to exercise the OpLion to extend the lease term for five years. The lessee has requested that the lease be assigned to Ralston Purina International Incorporated. The request was approved on passage of Resolution No. 30789.
June 21, 1988 - 7 - Approval of Change Order to Furnish Plastic Liner to Contain Dredge Material for Dredging of the Oakland Inner Harbor Channel to Elevation -38 Feet, M.L.L.W. was the subject of a memo to the Board from the Chief Engineer recommending approval to issue a change order to Great Lakes Dredge and Dock Company for the purchase of certain plastic liner material; and approve the addition of Gallagher and Burk, Inc., to the list of Great Lakes° subcontractors. As part of the dredging of the 1100 foot turning circle west of the Howard Terminal, some parts of the material are unsuitable for ocean disposal and must be disposed of in an upland location. The process will use a temporary area where the dredged materials can be dewatered and conditioned prior to transport to the ultimate disposal area. The material will be termporarily deposited in a plastic-lined reservoir. Approximately 200,000 square feet of plastic liner and drainage net have been delivered at a cost of $157,220.00. Great Lakes has selected Gallagher Burk, Inc., to construct the reservoir. The recommendation was approved on passage of Resolution No. 30770. Award of Contract for Furnishing Pile Driver Crew for Repairs to Port of Oakland Docks and Waterfront Facilities from August 1, 1988 to August 31, 1989, 1990, or 1991 was the subject of a memo to the Board from the Chief Engineer notifying the Board of the three bids received and recommended award of the contract to Skarry Bros. Diving and Marine Construction, Inc., the low bidder, at direct labor costs plus 65% of labor costs. The recommendation was approved on passage of Resolution No. 30775. Substitution of Paving Subcontractor for "Construction of Berth 26 Wharf, Outer Harbor" was the subject of a memo to the Board from the Chief Engineer recommending approval for J.H. Pomeroy Co., Inc., to substitute West Bay Contractors for San Francisco Asphalt as the original listed firmn cannot perform the work. The recommendation was approved on passage of Resolution No. 30790.
June 21, 1988 - 8 - Report of No Bids Received for Annual Contract for Repair of Railroad Tracks and Crane Rails was the subject of a memo to the Board from the Chief Engineer notifying the Board that no bids were received for the annual contract and that the staff will not rebid the job. The work, when needed, will be performed by small contractors available on a Purchase Order basis, or by Port forces. The information was noted and ordered filed. Mitsui O.S.R. Line and Yamashita-Shinnibon Line License Agreement was the subject of a memo to the Board from the Executive Director recommending approval to renew their agreement for the operation of a container Freight Station located at 5110 Seventh Street adjacent to the Seventh Street Public Container Terminal. The compensation provision is subject to a minimum monthly rental with a rental escalation provision related to increased CFS activity on a specified scale. The level of activity for the current agreement year will result in a 7.5% increase over the minimum monthly rate. The recommendation was approved on passage of Resolution No. 30791. Annual Budget, 1988-1989 was scheduled for Board action. The Board held over discussion of the Port s budget to the adjourned regular meeting to be held on June 28, 1988. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Esfandiar Habibpour as Assistant Mechanical and Electrical Engineer, effective June 22, 1988, at $3,045 per month; Eleanor F. Haley, Adlia Hullum, Arthur A. Jensen, Edward J. Mitchell, Kenneth C. Taylor, and Roger L. Miller as Youth Aide, Class "C", effective June 22, 1988, at $6.99 per hour, all will act as crew leaders to youths from Oakland Youth Employment Training programs; and Guadalupe J. Nodal as Youth Aide, Class "A", effective June 28, 1988, at $12.28 per hour. Also recommended was the creation of one new exempt classification of Traffic Representative and Traffic Analyst III and Traffic Representative Analyst IV in the Marine Terminals Division, and the new exemptclassification of Port Senior Field
June 21, 1988 - 9 - Representative to meet the staffing needs of the Office of Administration. Further recommended was the maternity leave of absence for Ms. Ellen Holmgren, Secretary to the Port Attorney and Supervising Legal Secretary, for a period of 114 working days. The recommendation was approved on passage of Resolution No. 30792 for appointments, Resolution No. 30793 for leave of absence, and on passage of an ordinance to print for creation of positions.
Travel Authorization contained in a memo to the board from the Director of Administration recommended the travel of Dahlia Moodie, Employment Resouces Development Program Coordinator, to Seattle, Washington, on or about June 23, 1988, to participate in the Youth for Understanding s orientation session for the high school interns traveling to Japan through the Port of Oakland s High School Internship Program; and the travel of the Executive Director to Charleston, South Carolina, on or about June 27, 1988, to attend the Airport Operators Council International, Board of Directors meeting. The recommendation was approved on passage of Resolution No, 30771.
Liability Claims was the subject of a memo to the Board from the Director of Administration notifying the Board of an Application fr,r Permission to file a late claim by Scott R. Morgan. Claimant seeks reimbursement for the cost of repainting his car, which was allegedly damaged on September 14, 1987, while parked in the lot at his place of employment at 8475 Pardee Drive, Oakland, California. Claimant alleges that he did not pursue a timely claim against the Port of Oakland because he purportedly submitted a claim to his employer s insurance company shortly after the loss, which after several months was denied. Investigation reveals that the reasons for delay in submitting the claim as set forth are not sufficient to warrant acceptance of the Application. It was recommended that the Application be denied. The Board was also notified of a claim by Jane Eunju Kim in an unspecified amount seeking
June 21, 1988 - 10 - recovery for bodily injury and property damage allegedly sustained on May 4, 1988 when her vehicle was struck by a Port vehicle operated by a Port employee at the Metropolitan Airport. Investigation reveals that the accident occurred as a result of roadway cones that had been improperly placed by employees of the W. H. Ebert Corporation, a contractor working at the Airport, and defense of the claim has therefore been tendered to W. H. Ebert Corporation. It was recommended that the claim be rejected. The recommendations were approved on passage of Resolution No. 30772 for Morgan late claim, and Resolution No. 30773 for Kim claim. The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of June 10, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the month of May, 1988. Accounts in Arrears as of May 31, 1988. Delinquent Accounts Referred to Legal Reported as of May 31, 1988. Summary of Claims Paid from Various Funds for the Period May 31, 1988 through June 14, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30767 GRANTING FEDERAL AVIATION ADMINISTRATION PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30768 APPROVING PLANS AND SPECIFICATIONS FOR REROOFING TERMINAL BUILDING M-102, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA."
June 21, 1988 - 11 - "RESOLUTION NO. 30769 APPROVING PLANS AND SPECIFICATIONS FOR REROOFING BUILDING L-812, NORTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30770 APPROVING ISSUANCE OF CHANGE ORDER AND ADDITION OF SUBCONTRACTOR UNDER CONTRACT FOR DREDGING OF THE OAKLAND INNER HARBOR CHANNEL TO ELEVATION -38 FEET, M.L.L.W., OAKLAND, CALIFORNIA." "RESOLUTION NO. 30771 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30772 DENYING SCOTT R. MORGAN LEAVE TO PRESENT LATE CLAIM." "RESOLUTION NO. 30773 REJECTING CLAIM OF JANE EUNJU KIM." "RESOLUTION NO. 30774 AUTHORIZING TERMINATION OF TENANCIES OF DANIEL A. MILLER ace CUSTOM AIRCRAFT SERVICES AND SIERRA PACIFIC AIRLINES, INC." "RESOLUTION NO. 30775 AWARDING CONTRACT FOR FURNISHING PILE DRIVER CREW FOR REPAIRS OF PORT OF OAKLAND DOCKS AND WATERFRONT FACILITIES FOR THE PERIOD COMMENCING AUGUST 1, 1988 AND ENDING AUGUST 31, 1989, 1990, OR 1991, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30776 AUTHORIZING EXECUTION OF A FOURTH SUPPLEMENTAL AGREEMENT WITH WILLIAM HUBBARD." "RESOLUTION NO. 30777 AUTHORIZING THE PORT ATTORNEY TO RETAIN SPECIAL COUNSEL AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR SAID SERVICES." "RESOLUTION NO. 30778 COMPROMISING AND SIrrLING CLAIM OF ROY CLARK AND AUTHORIZING EXECUTION OF STIPULATED SerTLEMENT." "RESOLUTION NO. 30779 AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH ROBERT L. SHORTER CONSTRUCTION COMPANY."
June 21, 1988 - 12 - "RESOLUTION NO. 30780 GRANTING GREAT ATLANTIC LOBSTER COMPANY PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30781 GRANTING INTIGRE MARINE LTD. PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30782 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30783 APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR RELOCATION OF REMOTE TRANSMITrER FACILITY." "RESOLUTION NO. 30784 RATIFYING, APPROVING AND AUTHORIZING EXECUTION OF LOAN DOCUMENTS RELATED TO BANKERS TRUST COMPANY S CONSTRUCTION/TERM LOAN TO OAKLAND PORTSIDE ASSOCIATES, OF AMENDMENTS TO LEASE AGREEMENTS BETWEEN THE PORT AND OAKLAND PORTSIDE ASSOCIATES AND OF INDEMNITY AGREEMENT BY AND BETWEEN OAKLAND PORTSIDE ASSOCIATES, PORT, PORTSIDE PROPERTIES, URBAN CENTRE DEVELOPMENTS, LTD., INC., AND GIADMIN, INC." "RESOLUTION NO. 30785 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PARKING STRUCTURE ON LOT 10, JACK LONDON SQUARE, OAKLAND, CALIFORNIA AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 30786 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF PUBLIC AREAS, PART B, JACK LONDON SQUARE, OAKLAND, CALIFORNIA AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 30787 GRANTING STRUCTURAL FRAMING PERMIT TO OAKLAND PORTSIDE ASSOCIATES (PAVILION BLOCK LEASE JACK LONDON SQUARE)." "RESOLUTION NO. 30788 GRANTING FOUNDATION AND S1RUCTURAL FRAMING PERMIT TO OAKLAND PORTSIDE ASSOCIATES (SCOTT S BLOCK LEASE (WATERSTREET I) AND BOATEL BLOCK LEASE (WATERSTREET III), JACK LONDON SQUARE)." "RESOLUTION NO. 30789 CONSENTING TO ASSIGNMENT OF LEASE BY FOODMAKER, INC. TO RALSTON PURINA INTERNATIONAL, INC."
June 21, 1988 - 13 - "RESOLUTION NO. 30790 CONSENTING TO SUBSTITUTING WEST BAY CONTRACTORS AS SUBCONTRACTOR IN PLACE OF SAN FRANCISCO ASPHALT FOR PAVING IN CONSTRUCTION OF BERTH 26 WHARF, OUTER HARBOR, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30791 AUTHORIZING THE EXECUTION OF LICENSE AGREEMENT WITH MITSUI O.S.K. LINES, LIMITED, AND YAMASHITA-SHINNIHON STEAMSHIP CO., LTD." "RESOLUTION NO. 30792 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30793 GRANTING LEAVE OF ABSENCE TO ELLEN HOLMGREN." Port Ordinance No. 2814 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2161 ESTALISHING THE RULES AND REGULATIONS FOR THE PORT OF OAKLAND S EMBARCADERO COVE MARINA AND FOR FIXING THE RATES AND CHARGES IN CONNECTION THEREWITH"; and Port Ordinance No. 2815 being, "AN ORDINANCE RELATING TO THE EFFECTIVE DATE OF NEW SALARY RATES ESTABLISHED UNDER CERTAIN SECTIONS OF PORT ORDINANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN OFFICERS AND EMPLOYEES OF THE PORT DEPARTMENT"; and Port Ordinance No. 2815 being, "AN ORDINANCE AMENDING SUBSECTION N TO SECTION 8.02 OF PORT ORDINANCE NO. 2199 ESTABLISHING PERSONNEL RULES AND PROCEDURES OF THE PORT OF OAKLAND RELATING TO THE EMPLOYEE SICK LEAVE INCENTIVE PLAN AND REPEALING SUBSECTION M THEREOF"; and Port Ordinance No. 2817 being, "AN ORDINANCE AMENDING SECTION 2 OF PORT ORDINANCE NO. 1166 RELATING TO THE CONTRIBUTIONS OF THE PORT OF OAKLAND TOWARD THE COST OF EMPLOYEE GROUP HEALTH INSURANCE DURING MATERNITY LEAVE"; and Port Ordinance No. 2818 being, "AN ORDINANCE AMENDING SUBSECTION 1.31 OF PORT ORDINANCE NO. 867 RELATING TO SHIFT DIFFERENTIAL"; and Port Ordinance No. 2819 being, "AN ORDINANCE AMENDING SUBSECTION C TO SECTION 8.06 OF PORT ORDINANCE NO. 2199 ESTABLISHING PERSONNEL RULES AND PROCEDURES OF THE PORT OF OAKLAND RELATING TO FAMILY DEATH LEAVE EXCEPTIONAL CASES"; and Port Ordinance No. 2820 being, "AN ORDINANCE AMENDING SECTION 1.32 OF PORT ORDINANCE NO. 867 RELATING TO ADDITIONAL COMPENSATION WHILE WORKING TEMPORARILY IN A HIGHER
June 21, 1988 - 14 - CLASSIFICATION"; and Port Ordinance No. 2821 being, "AN ORDINANCE ADDING SECTION 1.304 TO PORT ORDINANCE NO. 867 RELATING TO THE EXTRAORDINARY SERVICE PAY PROGRAM FOR THE PROFESSIONAL ENGINEERING UNIT", were read a second time and passed by the following vote:
Ayes: Conuuissioners Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: \None Absent: None Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH THE UNITED STATES POSTAL SERVICE AND DIRECTING RECORDATION THEREOF", and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 ADOPTING NEW SALARY SCHEDULES NOS. 84.8 AND 90.7 AND CREATING CERTAIN POSITIONS", were read a first time and passed to print by the following vote: Ayes: Conudssioners Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None At the hour of 4:35 p.m. the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 5:25 p.m. at which time the meeting was adjourned until Tuesday, June 28, 1988, at the hour of 3:00 p.m.
The meeting was reconvened on Tuesday, June 28, 1988, at the hour of 3:17 p.m. in the office of the Board, President Hunter presiding. Conudssioners present: Higgins, Pineda, Sweeney, Ward Allen Wasserman and President Hunter - 6 Commissioners absent: Brady - 1
June 21, 1988 June 28, 1988 - 15 - Also present were the Executive Director; Port Attorney; and Secretary of the Board. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code S54956.9 (a) involving: (a) California Toxics Action (dba Citizens for a Better Environment) et al. v. Port of Oakland, Alameda County Superior Court Action No. 637733-1; (b) Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WS; (c) County of San Mateo v. Port of Oakland et al, San Mateo County Superior Court No. 329870; 2. Pending litigation as provided for under Government Code 554956.9 (b) and (c); 3. Personnel matters as provided for under Government Code 554957. The Executive Director notified the Board that the Port s proposed budget was still under review and would be presented at the Board s meeting of July 5, 1988. He recommended that a temporary appropriation of certain monies to provide for expenditures for the month of July be approved. The recommendation was approved on passage of Resolution No. 30794. At the hour of 3:22 p.m. the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 6:00 p.m. during which time Commissioner Pineda was excused from the meeting.
June 28, 1988 - 16 - The following resolution was introduced and passed by the following vote: Ayes: Commissioners Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Noes: None Absent: Commissioner Brady - 1 "RESOLUTION NO. 30794 MAKING TEMPORARY APPROPRIATIONS OF CERTAIN MONIES TO PROVIDE FOR EXPENDITURES TO BE MADE BY THE PROPOSED ESTIMATED BUDGET OF THE PORT OF OAKLAND FOR JULY 1988." The following resolution was introduced and passed by the following vote: Ayes: Commissioners Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 5 Noes: None Absent: Colludssioners Brady and Pineda - 2 "RESOLUTION NO. 30795 CONCERNING CONSIDERATION OF MODIFICATIONS TO PORT ORDINANCE NO. 2729, AS AMENDED, ESTABLISHING AN INCENTIVE COMPENSATION PLAN FOR CERTAIN PORT MANAGEMENT STAFF OFFICERS AND EMPLOYEES." Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE NEW POSITION OF CHIEF FINANCIAL OFFICER", was read a first time and passed to print by the following vote: Ayes: Commissioners Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 5 Noes: None Absent: Commissioners Brady and Pineda - 2 At the hour of 6:02 p.m. the meeting was adjourned on a motion duly made and seconded.
June 28, 1988 - 17 - REGULAR MEETING OF nth BOARD OF pcmr COMMISSIONERS OF THE CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, July 5, 1988, at the hour of 4:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:05 p.m. to 4:00 p.m. during which time the Board discussed the Port s budget for 1988-89. Commissioners present: Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Commissioners absent: None Also present were the Executive Director; Deputy Executive Director; Chief Engineer, Assistant Chief Engineer, Director of Properties, Director of Management Planning, Director of Aviation, Director of Public Affairs, and Secretary of the Board. The minutes of the regular meeting of June 7, 1988 and the adjourned regular meeting of June 14, 1988 were approved as submitted and ordered filed. Mr. Abraham Romero, Janitor, received his 15-year service award, and Mr. Thomas Daniels, Port Principal Engineer, received his 10-year service award. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code §54956.9 (a) involving: California Toxics Action (dba Citizens for a Better Environ- ment) et al. v. Port of Oakland, Alameda County Superior Court Action No. 637733-1;
BOARCI OF PORT COMMtF.t,FottItHJ-2,;pt--- ..e:;:move op F !(?; 2 1! 7:81 Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; County of San Mateo V. Port of Oakland et al, San Mateo County Superior Court No. 329870; Proposed BCDC Cease and Desist Order (XD-88 (Scott s Restaurant, Port of Oakland). 2. Pending litigation as provided for under Government Code §54956.9 (b) and (c); and 3. Personnel matters as provided for under Government Code §54957. Building Permit Application - Installation of Two Trailers - United Parcel Service was the subject of a memo to the Board from the Chief Engineer recommending approval for the installation of two temporary trailer units to provide additional temporary storage and office work space until the completion of their new facility in May, 1989. The trailers will be located on their licensed premises located on the east side of the Cargo Building M-106 employee parking lot. The estimated cost of the proposed project is $30,400.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30796. New License Agreement - Westates Airlines was the subject of a memo to the Board from the Director of Aviation recommending approval of a new agreement to cover Bay C of Building L-710, North Airport for use as a maintenance space for its air carrier operations at a new monthly rental of $1,477.20. It was noted that the carrier is a regional commuter airline providing scheduled passenger between California, Arizona and Mexico, and operates a fleet of five 50-seat Convair 580 turbo prop aircraft. It was further noted that the firm will take additional space at the hangar when the space becomes available. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unaimously.
July 5, 1988 - 2 - New License Agreement - Sierra Pacific Airlines was the subject of a memo to the Board from the Director of Aviation recommending approval of a new agreement to cover office, storage, apron and paved parking space in Building L-820 North Airport at a new monthly rental of $1,038.04. It was noted that the carrier operates a fleet of eight 50-seat Convair 580 turbo prop aircraft and is a regional commuter airline providing interconnecting passenger feeder service for American Eagle to Oakland Airport and the cities of San Jose, Burbank and Reno. Seabreeze Yacht Center, Inc - Assignment of Lease was the subject of a memo to the Board from the Director of Properties notifying the Board that Seabreeze Yacht Center, Inc. occupies certain land and water area in the vicinity of 6th Avenue and Embarcadero, under a Lease Agreement which expires on December 31, 1992. Seabreeze has recently filed a Chapter 11 bankruptcy proceeding in Alameda County, and the current owner of Seabreeze, has requested to assign all of his rights under the lease to Steam Valve Machine Co., Inc. Steam Valve has made a written offer to purchase the assets of Seabreeze, including all the personal property and the remaining leasehold interest, contingent upon Port consent to the assignment. Steam Valve has expressed their desire to run a first-class operation and enhance the overall appearance of the area. It was recommended that the Board approve the assignment of the Seabreeze Yacht Center, Inc. lease to Steam Valve Machine Co., Inc. subject to the receipt of an assignment/assumption agreement in a form acceptable to the Port and subject to the immediate payment of any delinquent rents currently owed by Seabreeze. The recommendation was approved on passage of Resolution No. 30813. Building Permit Application - Pedestrian Bridge - East Bay Regional Park District - San Leandro Bay Regional Shoreline was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of a clear span pedestrian bridge to be
July 5, 1988 - 3 - located over San Leandro Channel near its confluence with Elmhurst Channel and on property leased by the District from the Port and other agencies. The project would be connecting the existing unlinked portions of the San Leandro Bay Regional Shoreline Trail system. The estimated cost of the proposed improvements is $140,000.00. The environmental documents associated with the project have previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30797. Supplemental Agreement for Professional Services Related to Distribution Center Work was the subject of a memo to the Board from the Chief Engineer recommending approval of a supplemental agreement with Harvey and Stanley Associates for additional work regarding photo interpretation of the Distribution Center at various points in time in preparation to responding to a Corps public notice regarding jurisdiction. The firm is preparing a site characteristic study for the Distribution Center in response to an order from EPA to cease and desist filling and prepare a plan for wetland restoration of the area. Although the Port later prevailed in a lawsuit against EPA, a subsequent court action by various citizens groups succeeded in ordering the Army Corps of Engineers to reconsider wetland jurisdiction at the Distribution Center. The firm will be compensated at established rates pursuant to the existing contract for services, with a maximum payment of $15,000.00 with certain additional work at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30798, Shipping Line Payment Procedures was the subject of a memo to the Board from the Deputy Executive Director notifying the Board that the Management Agreements with Public Terminal Operators for the operation of the Port s three Public Container Terminals contain provisions providing for the shipping lines to pay the wharfage and dockage charges in accordance with the Terminal Use Agreement provisions to the Port through the terminal operator where the shipping line activities were based. The
July 5, 1988 - 4 - terminal operators were allowed to deduct their compensation and would then send the amount due from the shipping line less the terminal operator compensation to the Port. The result is that one check being forwarded to the Port by a terminal operator will contain payment for numerous bills of a particular water carrier as well as, in most cases, bills of several water carriers. It has resulted in many instances of crediting the wrong account and has made it very difficult and time consuming to reconcile a particular water carrier account when the annual reconciliation of a Terminal Use Agreement is made. It was recommended that the Board approve amendments to the agreements which will now provide for the water carriers to pay the Port directly. This will ease the burden on both the Finance Department and Marine Terminals Department in reconciling shipping line accounts. The terminal operators also prefer that the shipping lines pay the Port directly. The recommendation was approved on passage of Resolution No. 30815, Resolution No. 30816, and
Resolution No. 30817. Award of Contract for Replacement of Berth 82 Sprinkler Heads - Ninth Avenue Terminal was the subject of a memo to the Board from the Chief Engineer notifying the Board of the eight bids received and recommending award of the contract to Grinnell Fire Protection Systems Company, Inc. the low bidder at $28,417.00. The recommendation was approved on passage of Resolution No. 30799.
Affroval to Dispense with Bids for Purchase and Replacement of Sheaves on Two Rrqopt_Clanes at Cuter Harbor Terminal was the subject of a memo to the Board from the Chief Engineer notifying the Board that the two cranes have experienced a relatively large number of the sheaves having developed fatigue cracks at the hub welds and two sheaves on which the cracks were not observed failed completely. The procedure of replacing sheaves as they fail is very costly both in crane down time and in replacement labor costs and can be a safety problem due to the possibility of complete failure under load. In order to expedite the replacement of the sheaves, it was recommended that the Board find it to be in the best
July 5, 1988 - 5 - interest of the Port to dispense with formal bidding procedures and accomplish the work through contracts based on informal quotations. All 53 sheaves that have not already been replaced will be replaced as soon as possible with one-piece cast sheaves at an estimated cost of $200,000.00. The recommendation was approved on passage of Resolution No. 30800. Agreement to Provide Professional and Technical Laboratory Services for Dredging and Construction Projects was the subject of a memo to the Board from the Chief Engineer recommending approval to enter into an agreement with the firm of Kennedy/Jenks/Chilton to provide professional and technical laboratory services which are necessary to meet complex environmental requirements of regulatory agencies prior to the commencement of dredging and some construction projects. Kennedy/Jensk/Chilton is familiar with the Port and their experience with laboratory procedural requirements of the U.S. Army Corps of Engineers, Environmental Protection Agency and the Regional Water Quality Control Board. The firm will be paid on a time and materials basis, with a maximum payment of $170,000.00 with certain additional work at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 30801.
Substitution of Excavation Subcontractor for "Construction of Berth 26 Wharf Outer Harbor" was the subject of a memo to the Board from the Chief Engineer recommending approval for the contractor, J. H. Pomeroy Co., Inc. to substitute Zaccor Corporation as the new excavation subcontractor as the original listed firm of Myron Demolition and Excavation is unable to perform the work. The recommendation was approved on passage of Resolution No. 30802. Annual Budget Fiscal Year 1988-89 was the subject of a memo to the Board from the Executive Director notifying the Board of the various meetings and suggested revisions to the draft budget previously sent to the Board and recommending approval of the revised budget. The budget
July 5, 1988 - 6 - provides for a total estimated revenue of $76,499,800.00, and total estimated operating expenditures of $34,178,279.00. The expenses have been reduced by $2,601,900.00 to accommodate an improved expense to earning ratio. Payments to the City remain at $5,944,920.00 for services and reimbursement on delayed interest payment for previous bond issues. With the suggested reductions and expenditures, the Port will have achieved an expense to revenue ratio of 46% after allowance for salary adjustments. After considerable discussion concerning the monitoring of the revenue stream and the review of the new programs when possible, and the Board s desire to have a quarterly review of the budget at the second meeting following the end of the quarter, the budget was approved on a motion by Commissioner Higgins, seconded and passed unanimously, and on passage of Resolution No. 30818 for appropriations and Resolution No. 30814 for payments to the City. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Jack Cochrane as Youth Aide, Class "AAA", effective June 21, 1988 at $18.30 per hour; Louise Irvin-Jones as Youth Aide Class "BB", effective June 21, 1988 at $10.95 per hour; Celestin Gustave and Jude K. Best as Youth Aide Class "B", effective June 21, 1988 at $9.63 per hour. All of the appointments will be performing marina maintenance or other duties as a result of the Port s acquisition of the Mardeco marinas. Also recommended was approval to request to the Civil Service Board and the City Council for their concurrence to exemptthe vacant position of Airport Operations Manager from the classified Civil Serivce. Additionally recommended was the creation of a special salary range for the combined positions of Senior Secretary and Assistant Secretary to the Board to compensate an individual when in a Senior Secretary position and when also performing the duties of Assistant Secretary to the Board, with a further recommendation that Ms. Jasmine J. Lim be assigned to this new salary schedule effective the second reading of the Ordinance. Further recommended was a personal leave
July 5, 1988 - 7 - of absence for Cynthia M. Del Favero, Legal Secretary I, for 25 working days. The recommendations were approved on passage of Resolution No. 30803 for appointments, Resolution No. 30804 for requesting exemp ion from Civil Service, Resolution No. 30805 for assigning salary, and Resolution No. 30806 for leave of absence; and on an ordinance passed to print for creation of special salary range. Travel Authorization contained in a memo to the Board from the Director of Administration recommended approval for the travel of the Supervising Transportation Planner, to Seattle, Washington, on or about
July 7, 1988, to meet with TRA, the Port s airport master plan consultants; and the travel of Barry Barron, Commercial Representative V, to Snowmass, Colorado, on or about July 18-22, 1988, to attend the 1988 Automated Mapping/Facilities Management Conference conducted by AM/FM International. The recommendation was approved on passage of Resolution No. 30807. Sale of Damaged Motor Vehicle Equipment was the subject of a memo to the Board from the Director of Administration recommending approval to
sell three pieces of equipment which are damaged and no longer useful to UT,. Port. The total estimated salvage value is $200. The recommendation
was approved on passage of Resolution No. 30808. Chief Financial Officer and Chief Port Accountant Signing Authority was the subject of a memo to the Board from the Executive Director recommending approval to amend Resolution No. 29498 to substitute the designation of the Chief Financial Officer for the Director of Financial Affairs and to substitute the designation of the Chief Port Accountant for Management Assistant in the Finance Department for the purpose of signing warrants and other similar documents. Also recommended
was approval to amend Resolution No. 27793 to replace the Director of Fiscal Affairs therein with the Chief Financial Officer as authorized to use a facsimile signing machine for signing warrants drawn on City funds
July 5, 1988 - 8 - for payment on Port Claims and to indemnify Wells Fargo Bank against loss from use of such facsimile signatures. The recommendations were approved on passage of Resolution No. 30809 for facsimile signature, and Resolution No. 30810 for signing warrants and other documents. The following reports were discussed and ordered filed: Report of Port Attorney on Litigation Matters. Status of Construction Contracts in Progress as of June, 1988. Status of Consultant Contracts in Progress as of June, 1988. Summary of Cash - Port Revenue and Construction Funds as of June 10, 1988. Summary of Claims Paid from Various Funds for the Period June 15, 1988 through June 27, 1988. The following resolutions were introduced and passed by the following vote: Ayes: Commissioners Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30796 GRANTING UNITED ETPCTL SERVICE PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30797 GRANTING EAST BAY REGIONAL PARK DISERICT PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30798 FINDING AND DETERMINING THAT A PROPOSED AMENDMENT TO AGREEMENT WITH HARVEY AND STANLEY ASSOCIATES, INC., FOR PREPARATION OF A PHYSICAL WETLAND SITE CHARACTERISTIC STUDY FOR THE DISTRIBUTION CENTER CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND AUTHORIZING NEGOTIATION AND EXECUTION OF AN AMENDMENT TO SAID AGREEMENT." "RESOLUTION NO. 30799 AWARDING CONTRACT TO GRINNELL FIRE PROTECTION SYSihMS COMPANY, INC. FOR REPLACEMENT OF BERTH 82 FIRE SPRINKLER HEADS, NINTH AVENUE TERMINAL, OAKLAND, CALIFORNIA: FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH: REJECTING ALL OTHER BIDS: AND DIRECTING RETURN OF BID BONDS TO BIDDERS."
July 5, 1988 - 9 - "RESOLUTION NO. 30800 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PROCURE REPLACEMENT WIRE ROPE SHEAVES." "RESOLUTION NO. 30801 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH KENNEDY, JENKS, CHILTON, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES: AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30802 AUTHORIZING SUBSTITUTION OF EXCAVATION SUBCONTRACTOR FOR CONSTRUCTION OF BERTH 26 WHARF, OUTER HARBOR, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30803 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30804 REQUESTING THE CITY COUNCIL TO RECOMMEND TO THE CIVIL SERVICE BOARD THE EXEMPTION FROM THE COMPETITIVE CIVIL SERVICE OF THE POSITION OF AIRPORT OPERATIONS MANAGER, UNDER THE JURISDICTION OF THE BOARD OF PORT COMMISSIONERS AND REQUESTING THE CIVIL SERVICE BOARD TO EXEMPT THE SAID POSITION FROM THE COMPETITIVE CIVIL SERVICE UPON THE RECOMMENDATION OF THE CITY COUNCIL." "RESOLUTION NO. 30805 ASSIGNING JASMINE J. LIM AND FINDING HER TO BE ENTilLED TO A CERTAIN RATE WITHIN SALARY SCHEDULE NO. 75.4, FIXED BY PORT ORDINANCE NO. 867." "RESOLUTION NO. 30806 GRANTING LEAVE OF ABSENCE TO CYNTHIA M. EEL FAVERO." "RESOLUTION NO. 30807 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30808 AUTHORIZING THE SALE OF SURPLUS EQUIPMENT." "RESOLUTION NO. 30809 AMENDING PORT RESOLUTION NO. 27793 AUTHORIZING THE CHIEF FINANCIAL OFFICER TO EXECUTE BY FACSIMILE SIGNATURE IN LIEU OF THE DIRECTOR OF FISCAL AFFAIRS." "RESOLUTION NO. 30810 AMENDING PORT RESOLUTION NO. 29498 APPROVING DESIGNATION BY EXECUTIVE DIRECTOR OF OFFICERS AND EMPLOYEES AUTHORIZED TO SIGN WARRRANTS AND OTPER DOCUMENTS."
July 5, 1988 - 10 - "RESOLUTION NO. 30811 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30812 AUTHORIZING EXECUTION OF RIGHT OF ENTRY/INDEMNITY AGREEMENT WITH WILD WEST PRODUCTIONS, CARNIVAL TIME SHUNTS AND OAKLAND COMMUNITY ORGANIZATIONS." "RESOLUTION NO. 30813 CONSENTING TO ASSIGNMENT OF LEASE FROM SEABREEZE YACHT CENTER, INC. TO STEAM VALVE MACHINE CO., INC." "RESOLUTION NO. 30814 PROVIDING FOR THE REIMBURSEMENT DURING THE 1988-1989 FISCAL YEAR. OF INTEREST ON PREVIOUS DEBT SERVICE PAID BY THE CITY OF OAKLAND ON CITY OF OAKLAND GENERAL OBLIGATION BONDS AND FOR THE PAYMENT OF GENERAL SERVICES TO BE PROVIDED BY THE CITY TO THE PORT DURING THE 1988-1989 FISCAL YEAR, AND MAKING CERTAIN DETERMINATIONS IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT TO MEMORANDUM OF UNDERSTANDING WITH CITY OF OAKLAND." "RESOLUTION NO. 30815 AUTHORIZING EXECUTION OF EIGHTH SUPPLEMENTAL AGREEMENT WITH MARINE TERMINALS CORPORATION." "RESOLUTION NO. 30816 AUTHORIZING EXECUTION OF FOURTH SUPPLEMENTAL AGREEMENT WITH STEVEDORING SERVICES OF AMERICA." "RESOLUTION NO. 30817 AUTHORIZING EXECUTION OF FIFTH SUPPLEMENTAL AGREEMENT WITH STEVEDORING SERVICES OF AMERICA." "RESOLUTION NO. 30818 MAKING APPROPRIATIONS OF CERTAIN MONEYS TO PROVIDE FOR CERTAIN EXPENDITURES PROPOSED TO BE MADE BY THE ESTIMATED BUDGET OF THE PORT OF OAKLAND FOR THE FISCAL YEAR 1988-1989.° "RESOLUTION NO. 30819 CONCERNING APPOINTMENT TO THE POSITION OF CHIEF FINANCIAL OFFICER." "RESOLUTION NO. 30820 REQUESTING THE CITY COUNCIL TO SUBMIT TO THE QUALIFIED VOTERS OF THE CITY OF OAKLAND A PROPOSAL TO AMEND THE CITY CHARTER RELATED TO THE ISSUANCE AND SALE OF REVENUE BONDS, CERTIFICATES OF INDEBTEDNESS AND OTHER FORMS OF DEBT AND EQUITY INSTRUMENTS BY THE PORT OF OAKLAND."
July 5, 1988 - 11 - Port Ordinance No. 2822 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 ADOPTING NEW SALARY SCHEDULES NOS. 84.8 AND 90.7 AND CREATING CERTAIN POSITIONS", and Port Ordinance No. 2823 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH THE UNITED STATES POSTAL SERVICE AND DIRECTING RECORDATION THEREOF", and Port Ordinance No. 2824 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE NEW POSITION OF CHIEF FINANCIAL OFFICER, were read a second time and passed by the following vote: Ayes: Commissioners Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 ADOPTING NEW SALARY SCHEDULE NO. 75.4 AND ADDING SECTION
5.032 ESTABLISHING THE SALARY FOR THE COMBINED POSITION OF SENIOR SECRETARY AND ASSISTANT SECRETARY TO THE BOARD", and Port Ordinance No. being, "AN ORDINANCE CLARIFYING PORT ORDINANCE NO. 2816 AMENDING SUBSECTION N TO SECTION 8.02 OF PORT ORDINANCE NO. 2199 ESTABLISHING PERSONNEL RULES AND PROCEDURES OF THE PORT OF OAKLAND RELATING TO THE EMPLOYEE SICK LEAVE INCENTIVE PLAN", were read a first time and passed to print by the following vote: Ayes: Commissioners Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None At the hour of 4:42 p.m. the Board entered into closed session as previously announced by President Hunter, and reconvened in open session at the hour of 6:17 p.m.
July 5, 1988 - 12 - Mr. Henry F. Melendres, Port Personnel Analyst appeared before the Board concerning the creation of the position of Port Senior Field Representative. President Hunter informed the Board that Mr. Melendres had a grievance currently under review by Port Staff and it would be inappropriate to appeal the creation of a position or any other appeal until his grievance was reviewed. President Hunter informed Mr. Melendres that the Board would not appoint any person to the created position until his grievance was concluded; however, he would ask the Board to conclude with the second reading of the Ordinance creating the position. Mr. Melendres noted the conditions and the outcome of his grievance procedure. PropamedAmmmOhents to Article VI, the Port of Oakland Element of the Charter of the City of Oakland was the subject of a letter to the Board from the Executive Director notifying the Board of the strategic financial planning process and as part of that process, Bond Counsel and the Port Attorney have determined that it would be in the Port s interest to propose to the electors of the City of Oakland an amendment to the financing provisions of Article VI of the Charter. Since 1984, the Port has had to turn to several creative legal instruments to avoid high, long-term fixed interest rates, and bond counsel has suggested that over the past 33 years, Article VI of the Charter has become cluttered with provisions which are either archaic through changes in federal tax law or more properly belong in legal documents which are readily amenable to change, such as trust indentures, as compared to voter-authorized Charter provisions. The proposed changes to the Charter financing provisions would provide that the Port s debt structure would become more flexible in meeting financial market opportunities and demands, resulting in a lower cost debt structure, and update the methods of raising money to permit the use of evolving debt and equity financing techniques which are unknown today, but which might save considerable money in the future. Mr. Tom
July 5, 1988 - 13 - Holly, the Port s Bond Counsel, appeared before the Board to explain the language in the amendment to the charter. After discussion the Board passed Resolution No. 30820 requesting City Council to submit to the qualified voters of the City of Oakland a proposal to amend the charter to provide for the issuance of sale of revenue bonds, certificates of indebtedness and other forms of debt and equity instruments. The following resolution was introduced and passed separately by the following vote: Ayes: Commissioners Brady, Higgins, Pineda, Sweeney, Ward Allen, Wasserman and President Hunter - 7 Noes: None Absent: None "RESOLUTION NO. 30820
REQUESTING THE CITY COUNCIL TO SUBMIT TO THE QUALIFIED VOTERS OF THE CITY OF OAKLAND A PROPOSAL TO AMEND THE CITY CHARTER RELATED TO THE ISSUANCE AND SALE OF REVENUE BONDS, CERTIFICATES OF INDEBTEDNESS AND OTHER FORMS OF DEBT AND EQUITY INSTRUMENTS BY THE PORT OF OAKLAND." At the hour of 6:45 p.m. the meeting was adjourned to Tuesday, July 12, 1988, at the hour of 4:00 p.m.
The meeting was reconvened on Tuesday, July 12, 1988, at the hour 4:25 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, with, as provided for in the Bylaws, the Assistant Secretary of the Board, Gerald Pope, calling the meeting to order. Commissioners present: Higgins, Pineda, Sweeney, Ward Allen, and Wasserman - 5 Commissioners absent: Brady and President Hunter - 2 Also present were the Executive Director, Deputy Executive Director, Port Attorney, Director of Public Affairs, Special Assistant to the Executive Director for Trade Relations serving as Assistant Secretary of the Board.
July 5, 1988 - 14 - July 12, 1988 The Board discussed several legal issues that would be further considered in closed session at the next meeting of the Board. At the hour of 5:10 p.m. the meeting was adjourned on a motion duly made and seconded.
Secretary
July 12, 1988 - 15 - REGULAR MEETING OF THE BOARD OF parr COMMISSIONERS OF THE CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, July 19, 1988, at the hour of 4:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. An informal session was held during the period from 3:15 p.m. to 4:00 p.m. during which time the Board received a review of the plans and schedule for Phase I of Jack London s Waterfront. Commissioners present: Higgins, Pineda, Ward Allen, Wasserman and President Hunter - 5 Commissioners absent: Brady and Sweeney Also present were the Executive Director, Deputy Executive Director, Port Attorney, Assistant Port Attorney Thomas Clark, Chief Engineer, Assistant Chief Engineer, Director of Properties, Director of Aviation, Commercial Representative William West, Director of Administration, Special Assistant to the Executive Director for Trade Relations, Director of Public Affairs, and Secretary of the Board. Visitors attending the meeting included Mr. Gary Knecht, Mr. Bill Edgar and Mr. Mort Howard, all representing the South of the Nimitz Improvement Council. The minutes of the regular meeting of June 21, 1988 and the adjourned regular meeting of June 28, 1988 were approved as submitted and ordered filed. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code Section §54956.9 (a) involving: (a) California Toxics Action (dba Citizens for a Better Environment) et al. v. Port of Oakland, Alameda County
Superior Court Action Nb. 637733-1; (b) Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; (c) County of San Mateo v. Port of Oakland, et al.; San Mateo County Superior Court Action No. 329870; and (d) Proposed BCDC Cease and Desist Order CCD-88 (Scott s Restaurant, Port of Oakland). 2. Pending litigation as provided for under Government Code Sections §54956.9 (b) and (c). 3. Personnel matters as provided for under Government Code Section §54957.
Award of Contract and Hearing for Substitution of Subcontractor for Second Extension of Second Floor Addition to Building M-103, South Field was the subject of a memo to the Board from the Chief Engineer notifying the Board of the six bids received and recommending award of the contract to Arntz Builders, Inc. the low bidder at $4,313,000.00. Additionally the Board was notified that the contractor made an inadvertent clerical error in listing the subcontractor for plumbing. The intended subcontractor is Kent M. Lim Co., Inc., and as Arntz Builders, Inc., has complied with the requirements of Section §4107.5 and it appears that no originally-listed subcontractor s rights will be jeopardized it was recommended that the Board approve the substitution of Kent M. Lim Co., Inc., in place of R. L. Petersen Co. for the plumbing subcontract. The recommendation was approved on passage of Resolution No. 30839.
July 19, 1988 - 2 - Termination of Agreements with American Airlines, America West Airlines and PSA (IISAlat) for Space in Air Cargo Building was the subject of a memo to the Board from the Director of Aviation notifying the Board that United Parcel Service desires to consolidate its air cargo operations by relocating to expanded space of approximately 39,600 square feet in the Air Cargo Building, as they intend to significantly increase their business from the expanded space. In order to accommodate UPS, the Port must terminate the existing month-to-month agreements with the remaining three occupants and relocate them to interim space in the Air Cargo Building. Negotiations with UPS to lease the expanded space have not been concluded as one issue not resolved is the extent to which UPS will reimburse the relocation costs of the affected airlines. The agreements provide for a 30-day notice to terminate and it was recommended that the Board approve the termination of the agreements with American Airlines, America West Airlines and PSA(USAIR). The recommendation was approved on passage of Resolution No. 30835.
Acceptance of Federal Aviation Administration (FAA) Al-P-02 Grant AnenAmPut No. 6 was the subject of a memo to the Board from the Chief Engineer notifying the Board of the original Airport Improvement Program AIP-02 Grant Offer of the $3,468,315.00 over a four-year period from 1984 through 1987. The Grant was used to construct public areas on the second floor of Terminal II. After completion of the Terminal II project, the Port has remaining funds of $514,499.00 under the grant and would like to use this money toward the "EXTENSION OF FINGER BUILDING M-103, 5-GATE HOLD" project in conjunction with AIP-08. The FAA is now offering AIP-02 Grant Amendment No. 6 which changes the scope of the grant to include a portion of the 5-GATE HOLD project. It was recommended that the Board accept the FAA s AIP-02 Grant Amendment No. 6. The recommendation was approved on passage of Resolution NO. 30836.
July 19, 1988 - 3 Acceptance of Federal Aviation Administration Grant Offer for AIP-08 was the subject of a memo to the Board from the Chief Engineer recommending approval to accept the FAA s Grant Offer for $2,331,821.00 which will be used for EXTENSION OF FINGER BUILDING M-103, 5-GATE HOLD and certain signage at runway 11/29, South Airport. The recommendation was approved on passage of Resolution No. 30837. License Agreement Renewal - McRae Aero-Craft, Inc. was the subject of a memo to the Board from the Director of Aviation recommending approval to renew their agreement for shop and paved parking space at Building L-739, North Airport used for the repair and overhaul of aircraft life-support equipment at a new monthly rental of $886.40. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. King Interest - Extension of Exclusive Negotiations was the subject of a memo to the Board from the Director of Properties notifying the Board of previous authority to enter into exclusive negotiations with The King Interests for a period of 60 days to develop air cargo distribution facilities in the Port of Oakland Distribution Center. It was recommended that the negotiation period be extended for 75 days. The Port has reached substantial agreement on the lease terms, and King is redesigning the original project to accommodate the requirements of the proposed air cargo operators. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passes unanimously. Building Permit Application - Up-Right, Inc. - 7711 Oakport Street was the subject of a memo to the Board from the Chief Engineer recommending approval for the construction of certain interior improvement to their leased building. The estimated cost of the proposed improvements is $45,000.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30838.
July 19, 1988 - 4 - Approval of Change Order to Contract for Preservation of Building F-203 (Heinold s First and Last Chance Saloon) to Relocate the Office from the Saloon to a Former Storage Area was the subject of a memo to the Board from the Chief Engineer notifying the Board that Federal Building Company, has a contract for the preservation of the building. Former owners of Heinold s constructed an office inside the saloon area and relocating the office will increase customer seating in the saloon area and should increase gross revenues. It was recommended that the Board authorize the issuance of a change order for $19,000.00 to construct the new office and restore the former area to saloon space. The recommendation was approved on passage of Resolution No. 30833. Contract Completion - Drydocking and Repairs to Fireboat "City of Oakland" was the subject of a memo to the Board from the Chief Engineer recommending that the contract with Crowley Maritime Corporation dba Pacific Dry Dock and Repair be extended 42 calendar days and accepted as complete as of January 28, 1988 with a contract price of $171,583.00. The recommendation was approved on passage of Resolution No. 30821. Personnel items contained in a memo to the Board from the Director of Administration recommended the appointment of Harold Gay Joseph as Traffic Representative and Traffic Analyst IV, effective July 20, 1988, at $3,389 per` month; Eduardo C. Rodriguez as Semi-skilled Laborer, effective July 20, 1988, at $2,317 per month; Christino R. Delgado as Semi-skilled Laborer, effective July 27, 1988, at $2,317 per month. Also recommended was the creation of one position of Secretary to the Deputy Executive Director, and that a request be made to the Civil
Service Board and the City Council for their concurrence to exeitL this position from the Classified Civil Service requirements in accordance with Section §802(f) of the City Charter. Further recommended was an adjustment to the salary ranges for the positions in the classes of Utilities Supervisor and Port Utilities Foreman to establish consistency
July 19, 1988 - 5 - in salaries with other comparable level positions in the Engineering Department. The salary range for the positions in the class of Utilities Supervisor would be established at salary schedule 54.5, and the positions in the class of Port Utilities Foreman would be established at salary schedule 49.5. Additionally recommended was a rescission of appointment of Guadalupe J. Nodal from the position of Youth Aide, Class "A", as he was unable to obtain medical clearance; and a military leave of absence for Henry F. Melendres, Port Personnel Analyst, for four working days. The recommendations were approved on passage of Resolution No. 30829 for appointments; Resolution No. 30830 for request to the City Council; Resolution 30831 for Rescinding appointment; Resolution No. 30832 for leave of absence; and on two ordinances passed to print for creation of position and salary adjustments. Recommendation to Adopt Resolution Declaring Board of Port
Commissioners" Intention to Prepare EIR as well as EIS for Airport Air Cargo Project was the subject of a letter to the Board from the Port
Attorney notifying the Board that the federal District Court in People v. Marsh, filed an opinion on May 11, 1988, in which the Court stated its intention to vacate and set aside the U.S. Army Corps of Engineers 1986 permit issued to the Port to fill 180 acres at the South Airport for air cargo use, and to enjoin activities on unfilled portions of the 180 acres. The expressed basis for this ruling was that the Corps violated the National Environmental Policy Act in that its Environmental Assessment failed adequately to evaluate several environmental issues. In State
Court, some of the same Plaintiffs in the People v. Marsh case earlier has comenced an action challenging the Port s Environmental Impact Report for the same air cargo project, prepared pursuant to the California Environmental Quality Act. The Superior Court issued a judgment in that case in favor of the Port, and the case has been appealed by the Plaintiffs to the California Court of Appeal. Based on the federal court
July 19, 1988 - 6 - decision, it does not apear to be in the best interests of the Port to continue the expenses involved in litigation over the EIR in the State Court of Appeal. In view of the Court s decision, the Board has indicated to staff that it should proceed with the enjoined air cargo project only after the Corps has prepared an Environmental Impact Statement ("EIS"). The EIS could easily and with minimal incremental or additional cost be made a joint or coordinated EIS/EIR and the Port staff has been proceeding on the basis that such a joint or coordinated EIS/EIR would be prepared. Additionally, federal re9ulations and guidance of the President s Council on Environmental Quality specifically encourage the preparation of joint or coordinated EIS/EIR documents, pursuant to federal and state law, where feasible. The Port has expressed to the environmental Plaintiffs in the State appeal the Port s intention to prepare a joint or coordinated EIS/EIR, and have proposed a stipulation to dismiss the appeal which recites the preparation of a joint EIS/EIR as the reason for the Stipulation. The environmental Plaintiffs have been unwillin g to sign the Stipulation, stating as a reason the lack of assurance that the Port in fact will prepare a joint EIS/EIR. It was recommended that the Board adopt a resolution stating that the Port will go forward with the enjoined air cargo project only after preparation of a joint or coordinated EIS/EIR, and that the Port will file a motion with the Court of Appeal to dismiss the appeal as moot, and to file with the motion the resolution of the Board of Port Comulissioners stating their intent. The recommendation was approved on passage of Resolution No. 30828. Application by Lakeside Metals to Oakland Planning Coamission for Major Variance to Permit Expansion of Scrap Operation, Fourth and Madison Streets was the subject of a memo to the Board from the Chief Engineer notifying the Board that Lakeside Non-Ferrous Metals recently filed an application with the Oakland City Planning Department for a Major Variance to expand its scrap metal operations to an adjacent block. Lakeside Metals
July 19, 1988 - 7 - originally applied to the City Planning Department for a minor conditional use permit for its expanded scrap operations. The Planning Department denied the use permit application and subsequent appeal. The latest action by Lakeside Metals is a tactical approach by the applicant to provide an opportunity to appeal the matter before the City Council. The present scrap operation is considered by nearby businesses and property owners to be an unsightly nuisance. Much of the plant activities extend into the outside street areas. The streets and sidewalks are covered with grease and grime and are often littered with shreds of metal. Curb-side parking is preewp ed by the scrap operations. The expansion of the scrap yard activities in the same manner as in the past to another city block would negatively impact the traffic corridors between the Nimitz Freeway and the waterfront, and it would not be in the best interests of the Port and its plans for Jack London Square. However, if in granting the Major Variance the City would impose conditions prohibiting Lakeside Metals from using any portion of the public right-of-way in the conduct of its scrap yard operations, including the area surrounding its present site, it may ameliorate the currently objectionable conditions. The additional
off-street area for operations, coupled with the City s enforcement of the conditions of the variance, may restore the public right-of-way. Mr. Gary Knecht, Attorney William Edgar, and Mr. Mort Howard all appeared before the Board to ask for a position of opposition to the expanded scrap operation. They further noted the unauthorized activities connected with the operation. After considerable discussion which included aesthetics of the operation, the conduct of the existing business, the need for an improved area adjoining Jack London Square and its access routes, the Board asked that the resolution stating the Board s position be amended to be more encompassing of the Board s concerns. The Board expressed their intent to pass the resolution after the closed session.
July 19, 1988 - 8 - The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of July 8, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the month of June 1988. Accounts in Arrears as of June 30, 1988. Delinquent Accounts Referred to Legal Reported as of June 30, 1988. Summary of Claims Paid from Various Funds for the Period June 28, 1988 through July 12, 1988. The following resolutions were introduced and passed by the following vote: Ayes: Commissioners Higgins, Pineda, Ward Allen, Wasserman and President Hunter - 5 Noes: None Absent: Commissioners Brady and Sweeney - 2 "RESOLUTION NO. 30821 ACCEFIING WORK PERFORMED BY CRU4LEY MARITIME CORPORATION DOING BUSINESS AS PACIFIC DRY DOCK, AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30822 RATIFYING FILING OF ACTION BY PORT ATTORNEY AGAINST AMERICAN AIRLINES, INC., AND AIRCRAFT SERVICE INTERNATIONAL, INC." "RESOLUTION NO. 30823
AUTHORIZING FILING OF ACTION BY PORT ATTORNEY AGAINST LOUIS BUITRAGO." "RESOLUTION NO. 30824 AUTHORIZING FILING OF ACTION BY PORT ATTORNEY AGAINST KYLE DAVID ATKINSON." "RESOLUTION NO. 30825 AUTHORIZING ACCEPTANCE OF CLAIM OF ALICE CHEVERES." "RESOLUTION NO. 30826 AUTHORIZING ACCEPTANCE OF CLAIM OF ABDI 0. HAGIALI." "RESOLUTION NO. 30827 AUTHORIZING ACCEPJANCE OF CLAIM OF LARRY E. VAIL."
July 19, 1988 - 9 - "RESOLUTION NO. 30828 DECLARING BOARD OF PORT COMMISSIONERS INTENTION TO PREPARE EIR AS WELL AS EIS FOR AIRPORT AIR CARGO PROJECT." "RESOLUTION NO. 30829 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30830 REQUESTING THE CITY COUNCIL TO RECOMMEND TO THE CIVIL SERVICE BOARD THE EXEMPTION FROM THE COMPETITIVE CIVIL SERVICE OF THE POSITION OF SECRETARY TO THE DEPUTY EXECUTIVE DIRECTOR UNDER THE JURISDICTION OF THE BOARD OF PORT COMMISSIONERS AND REQUESTING THE CIVIL SERVICE BOARD TO EXEMPT THE SAID POSITION FROM THE COMPETITIVE CIVIL SERVICE UPON THE RECOMMENDATION OF THE CITY COUNCIL." "RESOLUTION NO. 30831 RESCINDING A PORTION OF RESOLUTION NO. 30792 APPOINTING GUADALUPE J. NODAL TO THE POSITION OF YOUTH AIDE, CLASS "A"." "RESOLUTION NO. 30832 RATIFYING GRANTING MILITARY LEAVE OF ABSENCE TO HENRY F. MELENDRES, PORT PERSONNEL ANALYST." "RESOLUTION NO. 30833 APPROVING AND AUTHORIZING ISSUANCE OF CHANGE ORDER IN CONTRACT WITH FEDERAL BUILDING CORPORATION FOR PRESERVATION OF BUILDING F-204, JACK LONDON SQUARE, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30834 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30835 AUTHORIZING AND DIRECTING EXECUTIVE DIRECTOR TO ISSUE NOTICE OF DELETION OF SPACE IN PORT BUILDING M-112 FROM OCCUPANCY AGREEMENTS WITH AMERICAN AIRLINES, INC., AMERICA WEST AIRLINES, INC. AND USAIR, INC." "RESOLUTION NO. 30836 ACCheiING AMENDMENT NO. 6 TO GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT NO. 6 TO GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO. 3-06-0170-02, CONTRACT NO. DTFA08-83-C-30035." "RESOLUTION NO. 30837 ACCEPTING GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO. 3-06-0170-08."
July 19, 1988 - 10 - "RESOLUTION NO. 30838 GRANTING UP-RIGHT, INC., PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30839 AWARDING CONTRACT FOR SECOND EXTENSION OF SECOND FLOOR ADDITION TO BUILDING M-103, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OA LAND, CALIFORNIA AND CONSENTING TO SUBSTITUTION OF PLUMBING SUBCONTRACTOR LIST) D BY INADVERTENT CLERICAL ERROR." "RESOLUTION NO. 30840 POSTPONING ELECTION OF OFFICERS OF THE BOARD."
Port Ordinance No. 2825, being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 ADOPTING NEW SALARY SCHEDULE NO. 75.4 AND ADDING SECTION 5.032 ESTABLISHING THE SALARY FOR THE COMBINED POSITION OF SENIOR SECRETARY AND ASSISTANT SECRETARY TO THE BOARD," and Port Ordinance NO. 2826, being, "AN ORDINANCE CLARIFYING PORT ORDINANCE NO. 2816 AMENDING SUBSECTION N ID SECTION 8.02 OF PORT ORDINANCE NO. 2199 ESTABLISHING PERSONNEL RULES AND PROCEDURES OF THE PORT OF OAKLAND RELATING TO THE EMPLOYEE SICK LEAVE INCENTIVE," were read a second time and passed by the following vote: Ayes: Commissioners Higgins, Pineda, Ward Allen, Wasserman and President Hunter - 5 Noes: None Absent: Commissioners, Brady and Sweeney - 2 Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 ADOPTING NEW SALARY SCHEDULE NO. 77.3 AND CREATING ONE NEW POSITION OF SECRETARY TO THE DEPUTY EXECUTIVE DIRECTOR," and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CHANGING THE SALARY SCHEDULES OF UTILITIES SUPERVISOR AND PORT UTILITIES FOREMAN," were read a first time and passed to print by the following vote:
July 19, 1988 - 11 - Ayes: Commissioners Higgins, Pineda, Ward Allen, Wasserman and President Hunter - 5 Noes: None Absent: Commissioners, Brady and Sweeney - 2 At the hour of 5:00 p.m. the Board entered into closed session as previously announced by President Hunter, and reconvened in open session at the hour of 6:30 p.m. After review, the following resolution was introduced and passed separately by the following vote: Ayes: Commissioners Higgins, Pineda, Ward Allen, Wasserman and President Hunter - 5 Noes: None Absent: Commissioners Brady and Sweeney - 2 "RESOLUTION NO. 30841 CONCERNING ISSUANCE OF A VARIANCE TO LAKESIDE NON-FERROUS METALS FOR EXPANSION OF ITS SCRAP METAL OPERATION." At the hour of 6:31 p.m. the meeting was adjourned on a motion duly made and seconded.
Secretary
July 19, 1988 - 12 - REGULAR MEETING CF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF CARLAND The meeting, formal portion, was held on Tuesday, August 2, 1988, at the hour of 4:31 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Hunter presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:30 p.m. to 4:20 p.m. during which time the Board received a report on the Employment Resources Development Program and a report on the Personnel Sub-Committee of the Operating Committee. Commissioners present: Brady, Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Commissioners absent: Pineda - 1 Also present were the Executive Director; Deputy Executive Director; Chief Engineer; Chief Financial Officer; Port Attorney; Assistant Port Attorney, Thomas Clark; Director of Aviation; Director of Properties, Director of Administration; Special Assistant to the Executive Director for Trade Relations; Director of Public Affairs; and Secretary of the Board. The minutes of the` regular meeting of July 5, 1988, and the adjourned regular meeting of July 12, 1988, were approved as submitted and ordered filed. Ms. Claire Smith, Administrative Analyst II, received her 10-year service award. President Hunter informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code Section 54956.9 (a) involving: (a) California Toxics Action (dba Citizens for a Better Environment) et al. v. Port of Oakland, Alameda County Superior Court Superior Court Action No. 637733-1; (b) Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; (c)County of San Mateo v. Port of Oakland et al, San Mateo County Superior Court No. 329870; (d)Proposed BCDC Cease and Desist Order CCD-88 (Scott s Restaurant, Port of Oakland). 2. Pending litigation as provided for under Government Code Section 54956.9 (b) and (c); and 3. Personnel matters as provided for under Government Code Section 54957. Upgrading of America West Air Lines Ticket Counter in Airport Terminal I was the subject of a memo to the Board from the Director of Aviation, recommending approval for the Port to reimburse America West Airlines for the remodeling of their ticket counter area in Terminal I. The estimated reimbursement costs are $37,000.00. It was noted that the new style counters have been installed at United and Alaska Airlines locations on the same reimbursement policy and that all the counters will be improved by the Port at a later date. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Award of Contract for Reroofing Building L-81.2, North Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the 11 bids received and recommending award of the contract to A-Plus Roofing, Inc, the low bidder, at $73,215.00. The recommendation was approved on passage of Resolution No. 30842.
August 2, 1988 - 2 - Award of Contract for Reroofing Terminal Building M-102, South Airport, was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the five bids received and recommending award of the contract to A-Plus Roofing, Inc, the low bidder at $335,000.00. The recommendation was approved on passage of Resolution No. 30843. Acceptance of Federal Aviation Administration (FAA) ADAP-10 Grant Amendment No. 1 was the subject of a memo to the Board from the Chief Engineer, recomending approval to accept the grant offer for $29,632.80. The original grant offer of $1,788,203.00 was received in 1980. All the projects under the grant have been completed with actual costs exceeding the grant amount. The discretionary money is now available under Amend- ment No. 1. The recommendation was approved on passage of Resolution No. 30870. Acceptance of Federal Aviation Administration (FAA) AIP-04 Grant Amendment No. 4 was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the original offer of $3,127,517.00 starting with $429,741.00 in fiscal year 1984, and of the amendments for years 1984, 1985 and 1987. The Port had to cancel the construction ^f. the Air Cargo Apron project which leaves $1,672,723.00 remaining in Al.-P=04, and the FAA is now offering Grant Amendment No. 4 which does not change the dollar amount but changes the scope of the grant to include constructing five loading bridges and relocating one loading bridge; overlay of Taxiway 5 and overlay of Airport Drive. It was recommended that the Board accept Amendment No. 4 to the Grant Amendment. The recommendation was approved on passage of Resolution No. 30871. Approval of Submittal of AIP-09 Preappdication to the Federal Aviation Administration was the subject of a memo to the Board from the Chief Engineer, recommending approval to submit the AIP-09 Application to
August 2, 1988 - 3 - the FAA for funds to be used for the overlay of Runway 11/29, It is expected that the FAA share under the grant will be $1,043,384.00 and that the grant must be accepted by September 30, 1988. The recommendation was approved on passage of Resolution No. 30866. License Agreement Renewal - Trans Ocean Aviation was the subject of a memo to the Board from the Director of Aviation, recommending approval to renew their agreement for office, classroom and storage space at Building L-107, North Airport, used as a center for flight training in simulators, at a new monthly rental of $1,708.40. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Supplement to License Agreement - Westates Airlines, Inc. was the subject of a memo to the Board from the Director of Aviation, recom- mending approval to add certain office and hangar space in Hangar 7 and adjacent apron area to their agreement, for a new total monthly rental of $3,939.34. It was noted that the commuter airline had previously agreed to rent the entire Bay "C" of Hangar 7 and adjacent apron after Custom Aircraft Services and Sierra Pacific Airlines, Inc. were relocated to other space at the North Airport. Sierra Pacific s relocation has now been completed. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Consideration of Negative Declaration and Approval of Amendment to the Standards and Restrictions for the Oakland Airport Business Park was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the current Standards and Restrictions for the Oakland Airport Business Park restrict retail and commercial land uses to "sales and services required for the convenience of occupants of the Business Park such as automobile service stations, restaurants and banks (as) may
August 2, 1988 - 4 - be approved by the Port". There has been an increasing demand for retail development in the Business bark, and the Port is currently unable to approve the development of new retail/commercial facilities in the Business Park unless the new facilities were required for the convenience of the Business Park occupants. To provide for greater flexibility, it was recommended that the Standards and Restrictions be amended in order to allow for the development of retail and commercial uses in specific areas of the Business Park designated as "COMMERCIAL" in accordance with the Oakland ColLVrehensive Plan and the Port of Oakland Shoreline Plan. The proposed amendments include revisions of certain subsections of Port Ordinance No. 2064, which deal with land use, and subsections of Port Ordinance No. 1829, which deal with architectural and design standards, landscaping, parking and signage. In compliance with the Port s Guide- lines for the Implementation of the California Environmental Quality Act, an Initial Study and subsequent Negative Declaration, entitled "Amendment of Standards and Restrictions for the Oakland Airport Business Park and Construction of Value-Oriented Retail Development" was prepared. The Initial Study and the Negative Declaration was circulated for public review and the 40-day public review period has expired. Comments were received regarding land use, traffic impact, water quality and proposed construction problems. All comments have been responded to and no additional impacts have been identified that would require the preparation of an Environmental Impact Report. It was recommended that the Board give first reading of an Ordinance authorizing the proposed Amended Standards and Restrictions of the Oakland Airport Business Park and set August 16, 1988, for a public hearing on the proposed Ordinance to receive any additional comments. The recommendation was approved on an ordinance
August 2, 1988 - 5 - passed to print and on a motion by Conudssioner Wasserman, seconded and passed unanimously for setting the appropriate hearing. Building Permit Application, Oakland Portside Asmociates, Port Office Building - Site WA", 95 Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the previously approved design plans of a proposed Port Office/Retail building to be located on Site "A" and of the foundation permit previously approved by the Board. It was recommended that the building permit application for the construction of the proposed building be approved. The development would consist of a two-story high building to be located on the easterly portion of the block and a seven-story high structure plus a penthouse to be situated on the westerly portion of the site. The two-story building would contain approximately 25,000 feet of gross floor area and would be approximately 28 feet high and the office tower would have approximately 150,000 square feet of gross floor area and would be approximately 94 feet high to the bottom of the roof lines. The bulk of the first floor of each building would be occupied by retail activities with the upper floors devoted to office space. The current planning calls for the Port to occupy the second floor of the two-story building and floors two through \ five of the office tower and 3,000 square feet of space on the ground floor. A separate, small, three-story high structure containing two elevators and stairs will be located on the north side of the block, attached to the office tower, and would serve as an access facility to the pedestrian bridge over the Ebbarcadero to the parking garage. The estimated cost of the proposed improvements is $9,600,000.00. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30845.
August 2, 1988 - 6 - Approval of Change Order to Construction of Public Areas Part A,
Jack London eirrderto remove Hazardous Waste Materials was the subject of a memo to the Board from the Chief Engineer, notifying the Board that during the environmental site history study and subsequent field explorations, a 2-foot layer of high concentration hydrocarbon material was found in an old buried concrete structure below Water Street. The material is classified as "hazardous waste". The concrete structure is 56 feet in diameter by 8 feet deep and the top of the side wall is 3 feet below grade. It was recommended that the Chief Engineer be authorized to issue a change order to C. Overra Co. for removing and disposing of hazardous waste materials and backfilling of the resulting excavation for an estimated amount of $85,000.00. The recommendation was approved on passage of Resolution No. 30844. Agreement for Consultant Services, Analysis of Photographic Records, Distribution Center was the subject of a memo to the Board from the Chief Engineer, notif ying the Board that the Port currently has an agreement with Dr. Robert N. Colwell to provide consultant services to the Port Attorney and Chief Engineer in connection with pending litigation related to the Distribution Center. The Consultant is now well into the study, and it has been determined that it will require approximately 30 additional hours at a cost of $5,250.00 to complete the work and prepare the necessary report. In addition, certain other reimbursable expenses for photo processing, travel, typing and binding the report are estimated to be an additional $950.00. It was recommended that the Board approve a supplemental agreement to increase the maximum allowable compensation from $15,000.00 to $21,600.00 The recommendation was approved on passage of Resolution No. 30872.
August 2, 1988 - 7 - Building and Sign Permit Applications, Interior/Exterior Alterations and Sign (Bldg 3), The Dutch East Indies Excursion Co. was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of interior and exterior alterations to the second floor of Building J in the Jack London Village and for the installation of a sign. The 2,200 sq. ft. premises will be occupied by Robert E. Taylor-Weber Associates who will operate an 86-seat Dutch Indies restaurant. The estimated cost of the proposed construction improvements and sign is $57,000.00. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30867. Bnilding Permit Application, Oakland Portside Associates, Retail Office COmplex - Waterstreet II was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of certain interior improvements to the second floor of the retail/office building known as Waterstreet II. The estimated cost of the proposed tenant improvements is $400,000.00. The environmental document associated with the project has previously been considered by the Board. The
recommendation was approved on passage of Resolution No. 30846. Building and Demolition Permit Applications, Producer s Seafood, Inc. was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the lease for the Livingston Street Fishing Pier site located at 1995 Embarcadero and, as a condition of the lease, the lessee was to improve the leased premises by demolishing the existing restroom and storage facilities and constructing new restrooms and shower facilities for the marina berthers and perform other minor improvements to the main structure, marina and parking areas. It was recommended that the appropriate demolition permit and construction permit be approved. The
August 2, 1988 - 8 -
1 estimated cost of the proposed improvements is $27,000.00. The project is categorically exempt. and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30847. Use Agreement Between Port of Oakland and Naviera Pacifico, C.A. was the subject of a memo to the Board from the Deputy Executive Director, recommending approval of a new 5 year Use Agreement with Naviera Pacifico, a carrier providing container service between the U.S. West Coast and Central America, Venezuela and the Caribbean. Naviera Pacifico will retain 10% of dockage and wharfage revenues and in addition, during any contract year Naviera Pacifico generated in excess of 35,000 revenue tons per acre of container yard assigned by the Port to the line, the line will have returned by the Port to the extent collected by the Port, tariff wharage revenues for all revenues tons in excess of 35,000 revenue tons per acre multiplied by the assigned acreage. The proposed Use Agreement also contains the Port s standard terms and conditions. The recom- mendation was approved on an ordinance passed to print.
Change Order to Upgrade Crane PAls for Construction of Berth 26 Wharf, Outer Harbor was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to J. H. Pomeroy and Co. to upgrade the specified 500 amp crane bus system to a 1,000 amp bus system at a cost of $17,250.00 with no extension of contract time. The change is needed to accommodate the new cranes to be installed in the Outer Harbor area. The recommendation was approved on passage of Resolution No. 30848. Approval of Change Order to Smooth High Spots Dredging of Inner Harbor Channel was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to Great Lakes Dredge Dock Co., for the reducing of high spots in portions of the Inner
August 2, 1988 - 9 - Harbor Channel. The high spots were smoothed by dragging a steel beam at elevation -35 feet M.L.L.W. to accommodate the arrival of the President Truman. The channel was smoothed two times at a total cost of $42,514.50. The recommendation was approved on passage of Resolution No. 30849. Approval of Site Preparation in Connection with the Dredging of the Oakland Inner Harbor Channel to Elevation -38 Feet, M.L.L.W was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the need to provide the former Kaiser Steel yard at 7th Street Terminal as a site for the temporary processing area where dredged materials requiring upland disposal can be dewatered prior to transport to the ultimate disposal area. The site was used for the storage of logs and the logs were relocated. It was recommended that the Board authorize payment in the amount of $37,384.72 to Gene West, Inc., and $12,722.22 to Marine Terminals Corporation for the moving of the logs. The recom- mendation was approved on passage of Resolution No. 30850.
Contract Completion for Construction of Phase III Yard Dmrove- mmnts, Charles P. Howard Terminal was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Gallagher Burk be extended 44 calendar days and accepted as complete as of April 29, 1988, with a contract price of $1,684,966.87. The contract price included $161,230.12 in change order work. The recommendation was approved on passage of Resolution No. 30851. Personnel Items contained in a memo to the Board from the Director of Administration, recommended the appointment of La Tisha M. Russell, Patricia A. Seals and Ireneo D. Mendoza, all as Relief Airport Custodians, effective August 3, 1988, at $7.80 per hour. Also recommended was the extension of appointment for Harold R. Bell, Youth Aide, Class "BB", working in the Reprographics Department through August 3, 1989; and
August 2, 1988 - 10 - the creation of the classification of Port Personnel Clerk for use in the Personnel Department and approval of the class specifications for Port Personnel Clerk. Further recommended was a military leave of absence for William 0. Thompson, Electrical/Mechanical Engineer, for 10 working days; military leave of absence for Henry Melendres, Port Personnel Analyst, for 20 working days; and military leave of absence for John L. Lambert, Assistant Chief Engineer, for 10 working days. Additionally recommended was the termination of employment for Orlee Peters Jr., Semi-skilled Laborer, effective August 3, 1988, for cause. The recommendations were approved on passage of Resolution No. 30852 for appointments; Resolution No. 30853 for amending appointment; Resolution No. 30854 for job specifi- cations; Resolution No. 30855 for leaves of absence; Resolution No. 30856 for termination; and on passage of an ordinance to print for creation of class specification. Travel Authorization contained in a memo to the Board from the Director of Administration recommended the travel of the Manager, Marine Marketing, to Seattle, Washington; Portland, Oregon; and Vancouver, B.C., on or about August 2, 1988, to make marketing calls on shipping lines and import automobile processors; the travel of the Director of Aviation, to Seattle, Washington, on or about August 3, 1988, to meet with representa- tives of Alaska Airlines and TPA; the travel of the Deputy Executive Director, to Washington, D.C., and New York/New Jersey area, on or about the period August 8 -12, 1988, to testify at the House Ways and Means Oversight Subcommittee hearings on the U.S. Customs Services, and to call on principal shipping lines; the travel of the General Manager, Marine Terminals, to Geneva, Utah, on or about August 11, 1988, to call on Geneva Steel; the travel of the Port Attorney, to Washington, D.C., on or about the period August 8-12, 1988, to attend the National Bar Association 63rd
August 2, 1988 - 11 - Annual Convention; the travel of the Executive Director to Tacoma, Washington, on or about August 8, 1988, to visit Port of Tacoma facilities. The recommendation was approved on passage of Resolution No. 30857. Substituting the Chief Financial Officer for the Director of Fiscal Affairs in the By-Laws and Administrative Rules and on the Deferred Compensation Advisory Committee was the subject of a memo to the Board from the Executive Director, recommending approval to amend the By-Laws and Administrative Rules of the Board to reflect assignment of duties to the Director of Fiscal Affairs and provide for the substituting of the Chief Financial Officer for the Director of Fiscal Affairs on the Advisory Committee for Deferred Compensation Plan of the Port of Oakland. The recommendation was approved on passage of Resolution No. 30858 amending
By-Laws; and Resolution No. 30859 for Advisory Committee. Mr. Dan Cassidy of the Hotel Employees, Restaurant Employees and Bartenders Union, appeared before the Board as a member of the Coalition for Economic Development to present certain information concerning a prevailing wage and benefit policy. Additionally, attorney Phil Bautista presented more information concerning benefit programs that are available. As the Board had not received any information or figures concerning the information or policies of tenants of Jack London Square, the subject was referred to the Properties Department and the Legal Department for appropriate review. If possible, the Board would further discuss the subject at their next meeting. As provided for in the By-Laws, as amended to provide for the election of officers to be held at today s meeting, President Hunter called for nominations. Commissioner Sweeney nominated Coiuiuissioner Higgins as President, Commissioner Wasserman as First Vice President, and
August 2, 1988 - 12 - Commissioner Ward Allen as Second Vice President, Christopher C. Marshall, Secretary of the Board, and Jasmine J. Lim and Gerald L. Pope as Assistant Secretaries of the Board. There were no further nominations and Resolution No. 30869 was passed declaring election of officers. The following reports were discussed and ordered filed: Report of Port Attorney on Litigation Matters. Status of Construction Contracts in Progress as of July 1988. Status of Consultant Contracts in Progress as of July 1988, Summary of Cash - Port Revenue and Construction Funds as of July 22, 1988. Summary of Claims Paid from Various Funds for the Period July 13, 1988 through July 26, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Noes: None Absent: Commissioner Pineda - 1 "RESOLUTION NO. 30842 AWARDING CONTRACT TO A7-PLUS ROOFING, INC., FOR REROOFING BUILDING L-812, NORTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION HEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 30843 AWARDING CONRACT TO Pr-PLUS ROOFING, INC., FOR REROOFING TERMINAL BUILDING M-102, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 30844 APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACT FOR CONSTRUCTION OF PUBLIC AREAS, PART A, JACK LONDON SQUARE, OAKLAND, CALIFORNIA."
August 2, 1988 - 13 - "RESOLUTION NO. 30845 GRANTING. OAKLAND PORTSIDE ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30846 GRANTING OAKLAND PORTSIDE ASSOCIATED PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30847 GRANTING PRODUCER S SEAFOOD, INC., PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30848 APPROVING AND AUTHORIZING ISSUANCE OF CHANGE ORDER IN CONTRACT WITH J. H. POMEROY COMPANY, INC., FOR CONSTRUCTION OF BERTH 26 WHARF, OUTER HARBOR, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30849 APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDER WITHOUT TIME EXTENSION, FOR CONTRACT FOR DREDGING OF THE OAKLAND INNER HARBOR CHANNEL TO ELEVATION -38 FEET, M.L.L.W., OAKLAND, CALIFORNIA." "RESOLUTION NO. 30850 APPROVING AND AUTHORIZING PAYMENT TO GENE WEST, INCORPORATED AND MARINE TERMINALS CORPORATION FOR COSTS RELATED TO MOVEMENT OF LOGS FROM FORMER KAISER STEED YARD AT SEVENTH STREET TERMINAL." "RESOLUTION NO. 30851 ACCEPTING WORK PERFORMED BY GALLAGHER BURK, INC., A CORPORATION, EXTENDING TIME FOR PERFORMANCE OF CONTRACT, AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30852 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30853 AMENDING RESOLUTION . 30272 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30854 PROVIDING JOB SPECIFICATION FOR THE POSITION OF PORT PERSONNEL CLERK." "RESOLUTION NO. 30855 GRANTING MILITARY LEAVES OF ABSENCE."
August 2, 1988 - 14 - "RESOLUTION NO. 30856 TERMINATING APPOINTMENT OF ORLEE PETERS, JR." "RESOLUTION NO. 30857 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30858 AMENDING ARTICLE XVI OF THE BY-LAWS AND ADMINISTRATIVE RULES OF THE BOARD OF PORT COMMISSIONERS RELATING TO THE FUNCTIONS OF CHIEF FINANCIAL OFFICER." "RESOLUTION NO. 30859 SUBSTITUTING THE CHIEF FINANCIAL OFFICER FOR THE DIRECTOR OF FISCAL AFFAIRS ON THE ADVISORY COMMIPrEE FOR DEFERRED COMPENSATION PLAN OF THE PORT OF OAKLAND AND AMENDING RESOLUTION NO. 28279." "RESOLUTION NO. 30860 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH WESTERN AEROSPACE MUSEUM." "RESOLUTION NO. 30861 APPROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH WORLD AIRWAYS FEDERAL CREDIT UNION." "RESOLUTION NO. 30862 AUTHORIZING COMPROMISE AND ShilLEMENT OF SUIT OF HOLLY NORDLUND AND RCDNEY ALANIZ V. THE PORT OF OAKLAND." "RESOLUTION NO. 30863 APPROVING AND AUTHORIZING EXECUTION OF FIRST AMENDED LEASE OPTION AGREEMENT WITH EAST BAY GROUP." "RESOLUTION NO. 30864 GRANTING AMERICAN PRESIDENT LINES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30865 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30866 AUTHORIZING THE EXECUTIVE DIRECTOR TO FILE PREAPPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION UNDER THE AIRPORT IMPROVEMENT PROGRAM, AIP-09."
August 2, 1988 - 15 - "RESOLUTION NO. 30867 GRANTING OAKLAND VILLAGE CORPORATION PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30868 GRANTING EARHART ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30869 DECLARING ELECTION OF OFFICERS OF THE BOARD OF PORT COMMISSIONERS." "RESOLUTION NO. 30870 ACCEP1ING AMENDMENT TO GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO. 6-06-0170-10, CONTRACT NO. DOT-FA8OWE-05781." "RESOLUTION NO. 30871 ACCEPTING AMENDMENT NO.,4 TO GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO. 3-06-0170-04, CONTRACT NO. DTFA08-84-C-30113." "RESOLUTION NO. 30872 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH ROBERT N. COLWELL FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." Port Ordinance No. 2827 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 ADOPTING NEW SALARY SCHEDULE NO. 77.3 AND CREATING ONE NEW POSITION OF SECRETARY TO THE DEPUTY EXECUTIVE DIRECTOR"; and Port Ordinance No. 2828 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CHANGING THE SALARY SCHEDULES OF UTILITIES SUPERVISOR AND PORT UTILITIES FOREMAN", were read a second time and passed by the following vote: Ayes: Commissioners Brady, Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Noes: None Absent: Commissioner Pineda - 1
August 2, 1988 - 16 - Port Ordinance No. being, "AN ORDINANCE ESTABLISHING STANDARDS AND RESTRICTIONS REGULATING THE USE OF LAND AND THE DESIGN AND CONSTRUCTION OF STRUCTURES AND OTHER IMPROVEMENTS IN THE OAKLAND AIRPORT BUSINESS PARK, AND REPEALING PORT ORDINANCE NO. 1343, AS AMENDED", and Port Ordinance No. being, "AN ORDINANCE AUTHORIZING THE EXECUTION OF TERMINAL USE AGREEMENT WITH NAVIERA PACIFICO, C.A.", and Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE NEW POSITION OF PORT PERSONNEL CLERK", and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH MYRON AND BARBARA CAMPBFLL, AS INDIVIDUALS, AND DIRECTING RECORDATION THEREOF", were read a first time and passed to print by the following vote: Ayes: Commissioners Brady, Higgins, Sweeney, Ward Allen, Wasserman and President Hunter - 6 Noes: None Absent: Commissioner Pineda - 1 At the hour of 5:02 p.m. the Board entered into closed session as previously announced by President Hunter and reconvened in open session at the hour of 6:10 p.m. during which time President Hunter was excused from the meeting. At the hour of 6:11 p.m. the meeting was adjourned on a motion duly made and seconded.
August 2, 1988 - 17 - RDGULAR MINUTES OF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAND The meeting, formal portion, was held on Tuesday, August 16, 1988, at the hour of 4:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Higgins presiding, due written notice having been given to members of the Board. An informal portion was held during the period form 3:15 p.m. to 4:05 p.m. during which time the Board received a report on the Retail Leasing Plan for Phase I, Jack London s Waterfront and a proposed Relocation Policy for certain new employees. Commissioners present: Brady, Pineda, Sweeney, Ward Allen, Wasserman, and President Higgins - 6 Commissioners absent: Hunter - 1 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Chief Financial Officer; Chief Engineer; Director of Properties; Senior Commercial Representative; Special Assistants to the Executive Director, George Watson and Gerald Pope; Director of Public Affairs; General Manager, Marine Terminals; Commercial Representative, William West; and Secretary of the Board. The minutes of the regular meeting of July 19, 1988, were approved as submitted and ordered filed. Midshipman David Robinson from the California Maritime Academy, an intern at the Port, thanked the Board for the opportunity to experience shore activity of the maritime industry. At the hour of 4:13 p.m. the Board held a public hearing on the proposed amendments to the Port Ordinance No. 1343, Standards and Restrictions for Oakland Airport Business Park. The proposed amendments would allow for the development of retail and commercial uses in specific areas of the Business Park designated as "Commercial", in accordance with the Oakland Comprehension Plan and the Port of Oakland Shoreline Plan. The environmental assessment provided an initial study and subsequent Negative Declaration which was circulated for appropriate public review. There was no further testimony, and the hearing was closed at the hour of 4:14 p.m. President Higgins informed the Board that he would call for a closed session at the conclussion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code Section 54956.9 (a) involving: (a) Half Moon Bay Fisherman s Marketing Association et al. V. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; b) County of San Mateo v. Port of Oakland et al, San Mateo County Superior Court No. 329870; and (c) Proposed BCDC Cease and Desist Order CCD-88 (Scott s Restaurant, Port of Oakland). 2. Pending litigation as provided for under Government Code Section 54956.9 (b) and (c); and 3. Personnel matters as provided for under Government Code Section 54957. Commissioner Wasserman, Chairman of the temporary Port Ballot Referendum Committee, notified the Board that the organization meeting of the Steering Committee would be held on Wednesday, September 7, 1988. President Higgins informed the Board that he would be sending a letter to the Board with certain specific recommendations for the Board s consideration concerning committees and meetings of the Board.
Naming of Airport Street was the subject of a memo to the Board from the Chief Engineer, recommending approval to name the new road constructed at the Airport which connects the Federal Express Metroplex and Building M-132 to the new main cargo access roadway, Sally Ride Way. The Port has traditionally named the South Airport streets after American astronauts, and Ms. Ride has consented to
August 16, 1988 - 2 - the use of her name. The recommendation was approved on passage of Resolution No. 30899. Acceptance of Federal Aviation Administration A1P-01 Grant Amendment No.4 was the subject of a memo to the Board from the Chief Engineer, recom- mending approval to accept Amendment No. 4 which will change the scope of the grant to include the purchase of a crash/fire/rescue vehicle for $450,000.00. The eligible reimbursement portion is 80.59% or $362,655.00. It was noted that the original grant was approved in 1982 with three previous amendments. The recommendation was approved on passage of Resolution No. 30873. Acceptance of Federal Aviation Administration ADAP-11 Grant Amendment No.1 was the subject of a memo to the Board from the Chief Engineer, recommending approval to accept the grant which provides for $122,401.00 which will be used for eligible project cost overruns on the original project. The recommendation was approved on passage of Resolution No. 30874. Approval for Sutanittal of AIP-09 Application to the Federal Aviation Administration was the subject of a memo to the Board from the Chief Engineer, recommending approval to submit the grant application for $5.5 million to be funded in part by a multi-year grant beginning with federal fiscal year 1988. The funds will be used for the overlay of Runway 11/29, South Airport. The
recommendation was approved on passage of Resolution No. 30875. Plans and Specifications for Installation of Power Factor Corrective Equipment and Underfrequency Relays, Phase 7 was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the installation of high voltage capacitors and under- frequency load shedding equipment at selected locations at the airport to meet PG E s electric service requirements. The improvements are part of the Power Sale Agreement signed by the Port and PG E in February 1986. The recommendation was approved on passage of Resolution No. 30876.
August 16, 1988 - 3 - License Agreement Renewal - Tricor California was the subject of a memo to the Board from the Director of Aviation, recommending approval to renew their agreement for space at Building L-723, North Airport, used for their air courier business at a new monthly rate of $980.48. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Termination of Agreement - WW, was the subject of a memo to the Board from the Director of Aviation, notifying the Board of a previous agreement with Chronicle Videotex to provide six computerized public information system ter- minals in the Airport s Lionel J. Wilson Terminal, GTEL has assumed all rights and obligations to the teleguide agreement and has elected to discontinue marketing the teleguide machines. The Port and Gni, have agreed to terminate the agreement effective September 2, 1988. The information was noted and ordered filed. Authorization to Request Proposal for Value-Oriented Retail Development on the Oakport Site in the Oakland Airport Business Park was the subject of a memo to the Board from the Director of Properties, notifying the Board that there have been expressions of interest from several parties to develop a value- oriented retail development on a 21.5 acre site in the Oakland Airport Business Park. The Port is in progress of amending the standards and restrictions and that the associated environmental document will be ready on September 6, 1988, for Board review. It was recommended that the Board authorize the proposal process for the development of a value-oriented retail project in the Oakland Airport Business Park to be activated. Commissioner Pineda, member of the Real Estate Committee, informed the Board that the committee reviewed the Minority Equity Participation policy of the Board and its relationship to this project and its relationship to other projects. She noted that the program was a qualified success and that the committee was recommending the establishment of an open forum to receive new components which will make the Port s program more result oriented. After discussion, the recommendations were approved on a motion by Commissioner Wasserman, seconded and passed unanimously.
August 16, 1988 - 4 - Award of Contract, Construction of Public Areas, Part B, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the five bids received and recommending award of the contract to the low bidder, Unicon Construction Corp., at $1,265,500.00. At the request of Commissioner Sweeney, the item was held over to allow for his in depth review of the bid. Award of Contract, Construction of Parking Structure on Lot 10, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the six bids received and recommending award of the contract to Perini Corp., the low bidder, at $8,675,000.00. The recommendation was approved on passage of Resolution No. 30878. Building Permit Application, Architectural Drawings, Retail Wilding - Waterstreet I, Oakland Portside Associates, 71 Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of the architectural phase of the one-story retail building north of the existing Scott s restaurant known as Waterstreet I. The proposed improve- ments would consist of the construction of ten retail outlets containing approxmately 12,750 sf. of floor area. The estimated cost of improvements for this phase is $575,000.00. The project is consistent with the Jack London Square Urban Development Study and Development Guidelines and the associated environ- mental document associated with the project. The recommendation was approved on passage of Resolution No. 30879. Building Permit Application, Oakland Portside Associates, the Food Pavilion, 79 Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of the food pavilion building shell, interior rough framing of walls for tenant spaces and interior walls and finishes for common areas and electrical and mechanical systems. The food pavilion would consist of a 33 foot high structure encompassing approximately
August 16, 1988 - 5 30,300 sf of floor area located over the north end of the existing underground parking structure extending from Broadway to Franklin Street. There will be five dining areas, two of which will be elevated over the garage extrance/exit ramps and three internal dining areas. The exterior of the structure would have a metal gable roof, plaster exterior finish for the walls, industrial sash, fixed skylights, painted corrugated sheet metal awnings, and lattice treatment of the south wall facing the plaza. The estimated cost of this phase of the project is $2,400,000.00. The project is in conformity with the conceptual design drawings and the Jack London Square Urban Development Study and Development Guidelines and associated environmental documents. The recommendation was approved on passage of Resolution No. 30880. Plans and Specifications, Construction of Shoreline Public Access and Guest Berthing at the Boatel, Jack London Square was the subject of a memo to the Board from the Chief Engineer-, recommending their approval and authority to advertise for bids. The work consists of removing existing timber piles, walkway, railing and guest berths; modifying existing concrete wall and railing; relocating existing gangway; constructing new concrete pile supported wooden pier and walkway with guardrailing; and constructing new guest berths, gangway, lighting and electrical system. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30881. Authorization to Sign Pedestrian Bridge Encroachment Permit was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the plans and specifications for the parking lot structure, Lot 10, includes a pedestrian bridge to be constructed across Embarcadero from the parking structure to the future Port office building. An encroachment permit for the bridge has been approved by the Oakland City Council, and it was recommended that the Board
August 16, 1988 - 6 - authorize the Executive Director to sign acceptance of the permit. The recomr mendation was approved on passage of Resolution No. 30882 AmEoval to Reimburse Southern Pacific Transportation Company for the Construction of the Embarcadero East Railroad Crossing was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the previous agreement with the Southern Pacific Transportation Company to construct and maintain an at-grade rail crossing device in conformance with the California Public Utilities Commission s regulations. The crossing has been completed, and it was recommended that the Board approve payment of $75,340.84 in compensation for the work. The recommendation was approved on passage of Resolution No. 30883. Jack London Village, Subleaseral was the subject of a memo to the Board from the Director of Properties, recommending approval for Positive Motion International Inc., dba Kosmetikos, to expand their retail beauty salon operation by leasing additions square footage in Space B-110. The new sublease will supersede the current sublease. The recommendation was approved on passage of Resolution No. 30884.
East Bay Group, Lease Option Extension was the subject of a memo to the Board from the Director of Properties, notifying the Board of the lease option agreement with East Bay Group for the development of a hotel on Embarcadero and 16th Avenue. The option was effective October 1, 1987, and, as amended on June 7, 1988, is to expire on August 31, 1988. The loan package is presently being reviewed by potential lenders, and it was recommended that the lease option agreement be extended two additional months with monthly option payments of $5,000.00 per month. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Approval of Change Order for Stand-by Charges for the Dredging of the Oakland Inner Harbor Channel to Elevation -38 Feet, M.L.L.W. was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a
August 16, 1988 - 7 - change order to Great Lakes Dredge and Dock Company in the amount of $457,786.00 with no time extension for reasonable out of pocket expenses resulting from court imposed delays. The contractor was directed to stand-by three times while various court imposed delays were being resolved. The recommendation was approved on passage of Resolution No. 30885. Approval to Dispense with Bids for Phase I of Inner Harbor Channel Deepening was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the work of the contract with Great Lakes Dredge Dock Company has been suspended since May because of litigation regarding the ocean disposal of the dredged materials. In order to resume the work, alternative upland disposal is being developed and current plans are to use the dredge materials to strenghten levees in the Sacramento/San Joaquin River Delta. The dredging operations are substantially different for upland disposal than for ocean disposal. Additional tug boats and scows are required because of the greater haul distance, and a second, clam-shell dredge is required at the Delta site to remove the material from the scows and place it on the back side of the levee. As the need to comence dredging of the Inner Harbor as soon as possible is desired, it was recommended that the Board find it to be in the best interest to dispense with bids and perform the work in accordance with the revised plans and specifications by a negotiated change order with Great Lakes Dredge Dock Company or a contract based on receipt of informal proposals if negotiations are not successful. The recommendation was approved on passage of Resolution No. 30886. Contract for Professional Services for Required Predredge Sediment Analysis, Berths 20, 21, 23, 25, 32 and 33 was the subject of a memo to the Board from the Chief Engineer, notifying the Board that maintenance dredging is urgently needed at Berths 20-21 (Sea-Land), 23 (Neptune Orient Line), 25 (K-Line) and 32-33 (Matson). Before dredging work can begin, predredged sample collection
August 16, 1988 - 8 - and laboratory analysis is necessary for review and approval by the U.S. Army Corps of Engineers and the Regional Water Quality Control Board pursuant to the Port s current Corps Maintenance Dredging Permit. It was recommended that the Board enter into an agreement with MEC Analytical Systems to perform the necessary predredge analysis. The cost for sampling Tier II analysis and reporting is estimated to be not more than $110,000.00, unless further Tier II analysis is required based upon results of the Tier II tests. If Tier III analysis is required, it is estimated that an additional $45,000.00 will be needed. The recommendation was approved on passage of Resolution No. 30887. Terminal Use Agreement between the Port of Oakland and CMB, South America Service was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that Compagnie Maritime Beige calls at the Port under a joint service agreement with Canadian Transport Company using the Charles P. Howard Terminal, operated by Stevedoring Services of America. CMB has initiated a new monthly U. S. Pacific Coast/South America steel, general cargo and container service that will also call at the Charles P. Howard Terminal. It was recommended that the Board approve a new use agreement for this service. In consideration of the use agreement, CMB will be able to take a ten percent discount on dockage and wharfage at the time of submission of the statements and to the extent CMB has generated in excess of 35,000 revenue tons per acre of container yard assigned by the Port, they will have returned by the Port to the extent collected by the Port, tariff wharfage revenues for all revenue tons in excess of 35,000 revenue tons per acre multiplied by the assigned acreage. As a separate wharfage discount standard, the Port will give CMB an additional economic benefit of twenty-five percent of the wharfage on unitized breakbulk general cargo based on the high degree of operational efficiency realized by the unitization of breakbulk cargo. CMB will also receive a flat twenty percent discount at the time of submission of the wharfage reports for metal and metal
August 16, 1988 - 9 - products, lumber or wood products, and paper or paper products. The other terms of the Terminal Use Agreement are consistent with previously approved terminal use agreements with other lines with certain added economic benefits to the Port in the new agreement. The recommendation was approved on an ordinance passed to print. Publication of New Port of Oakland Tariff NO. 2-A was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that the Port of Oakland Tariff No. 2 was first issued in 1956 when ocean going cargo was carried on breakbulk general cargo vessels and Oakland was an operating port directly responsible for providing terminal services at it marine facilities. By 1957, Oakland had changed to a non-operating port and the marine terminal facilities were assigned by tariff or long term agreement with public terminal operators and/or water carriers who became responsible for all terminal operations. Cargo movements have shifted from breakbulk general cargo today on% of the Port s cargo movement is containerized. Tariff No. 2 has been amended to conform with the Port s non-operating status and to provide container cargo provisions and rates designed for containerized cargo as well as specific provisions required by State and Federal statutes. It was recommended that the Board adopt the new Tariff No. 2-A which replaces Tariff No. 2 and rearranges the rates, rules and regulations of the present tariff into a more logical and useable sequence. The new tariff layout and sequence of provisions will make the tariff far more readable and usable by all port tenants and shippers as well as facilitate internal use to insure proper application of rates and provisions. The recommendation was approved on an ordinance passed to print. Public Affairs Consultants was the subject of a memo to the Board from the Executive Director, notifying the Board that the Port has temporarily retained the public affairs and communications consultings services of the PBN Company to assist in managing the educational outreach in connection with the
August 16, 1988 - 10 - channel deepening project. The agreement is limited to a maximum expenditure of $15,000.00 and covers the months of July and August only. it is desirable to retain the firm for further services, and it was recommended that the Board authorize additional expenditures not to exceed $15,000.00 for the months of September and October. The recommendation was approved on passage of Resolution
No. 30888. Personnel Items contained in a memo to the Board from the Director of Administration, recommended the appointment of Samuel S. Rasheed as Traffic Representative and Tariff Analyst II, effective August 17, 1988, at $2,732.00 per month; Sharon A. Ledward as Port Field Representative, effective August 17, 1988, at $2,687.00 per month; Rosalie F. Bryant as Intermediate Stenographer Clerk, effective September 1, 1988, at $1,756.00 per month; and Frankie Smith as Relief Airport Custodian, effective August 17, 1988, at $7.80 per hour. Also recommended was the rescission of appointment for La Tisha M. Russell from the position of Relief Airport Custodian, as she has declined to accept the position. Further recommended was a military leave of absence for George W. Alston, Jr., Engineering Assistant, for 10 working days; and a maternity leave of absence for Christine M. Balcer, Youth Aide, Class "BB", for 122 working days. The recom- mendations were approved on passage of Resolution No. 30889 for appointment; Resolution No. 30890 for rescinding appointment; and Resolution No. 30891 for leaves of absence. Travel Authorization contained in a memo to the Board from the Director of Administration, recommended the travel of Karen Watson, Commercial Repre- sentative IV, to Minneapolis-St. Paul, Minnesota, on or about August 16, 1988, to attend the Airport Operators Council International, Professional Development Seminar; the travel of Commissioners Higgins, Hunter, Ward Allen, and the Executive Director, to Melbourne and Sidney, Australia, during the period August 26 - September 2, 1988, to participate in the Pan Pacific Seminar 4, and for
August 16, 1988 - 11 - trade purposes; the travel of Special Assistant of the Executive Director for Trade Relations, to Washington, D.C., on or about August 29, 1988, to attend the National Defense Transportation Association Board of Directors meeting and to call on certain government agencies. The recommendation was approved on passage of Resolution No. 30900. Claim of Francisco B. Matute was the subject of a memo to the Board from the Director or Administration, notifying the Board of a claim in the amount of $105,000.00 for alleged damages occurring from an automobile accident on Highway 880, involving a Port owned vehicle. Investigation reveals that the Board has breached no duty owed the claimant and it was recommended that the claim be rejected. The recommendation was approved on passage of Resolution No. 30982. The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of August 5, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the Month of July 1988. Accounts in Arrears as of July 31, 1988. Delinquent Accounts Referred to Legal Reported as of August 10, 1988. Summary of Claims Paid from Various Funds for the period July 27, 1988 through August 5, 1988 The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent Commissioner Hunter - 1 "RESOLUTION NO. 30873 ACCEPTING AMENDMENT NO. 4 TO GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO. 3-06-0170-01, CONTRACT NO. UTFA08-82-C-30025.
August 16, 1988 - 12 - "RESOLUTION NO. 30874 ACCEPTING AMENDMENT TO GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO. 6-06-0170-11, CONTRACT NO. DTFA-81-C-30011." "RESOLUTION NO. 30875 AUTHORIZING THE EXECUTIVE DIRECTOR TO FILE APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION UNDER THE AIRPORT IMPROVEMENT PROGRAM, AIP-09." "RESOLUTION NO. 30876 APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF POWER FACTOR CORRECTIVE EQUIPMENT AND UNDERFREQUENCY RELAYS, PHASE 7, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 30878 AWARDING CONTRACT TO PERINI CORPORATION, FOR CONSTRUCTION OF PARKING STRUCTURE OF LOT 10, JACK LONDON SQUARE, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 10879 GRANTING OAKLAND PORTSIDE ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30880 GRANTING PERMIT TO OAKLAND PORTSIDE ASSOCIATES FOR BUILDING SHELL, INTERIOR ROUGH FRAMING AND ELECTRICAL AND MECHANICAL SYSTEMS (PAVILION BLOCK LEASE, JACK LONDON SQUARE)." "RESOLUTION NO. 30881 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF SHORELINE PUBLIC ACCESS AND GUEST BERTHING AT THE BonrEL, JACK LONDON SQUARE, OAKLAND, CALIFORNIA AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 30882 APPROVING AND AUTHORIZING EXECUTION OF CITY OF OAKLAND ENCROACHMENT PERMIT FOR JACK LONDON SQUARE PEDESaVIAN BRIDGE." "RESOLUTION NO. 30883 AUTHORIZING REIMBURSEMENT OF SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR THE COST OF IMPROVEMENTS TO EMBARCADERO EAST AND DIESFT, STREET GRADE CROSSING." "RESOLUTION NO. 30884 CONSENTING TO SUBLEASE BY OAKLAND VILLAGE CORPORATION TO POSITIVE MOTION INTERNATIONAL, INC."
August 16, 1988 - 13 - "RESOLUTION NO. 30885 APPROVING ISSUANCE OF CHANGE ORDER, WITHOUT TIME EXTENSION, FOR CONTRACT FOR DREDGING OF THE OAKLAND INNER HARBOR CHANNEL TO ELEVATION -38 FEW, M.L.L.W., OAKLAND, CALIFORNIA."
"RESOLUTION NO. 30886 FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF Ifik, PORT TO CONTRACT FOR PHASE I OF INNER HARBOR CHANNEL DEEPENING WITH UPLAND DISPOSAL WITHOUT ADVERTISED COMPETITIVE BIDDING, AND AUTHORIZING ThE EXECUTIVE DIRECTOR TO NEGOTIATE A CHANGE ORDER TO CONTRACT WITH GREAT LAKES DREDGE DOCK CO. FOR DREDGING OF THE INNER HARBOR TO ELEVATION -38 FEET, M.L.L.W., OAKLAND, CALIFORNIA, AND/OR TO SOLICIT PROPOSALS FOR SUCH WORK FROM OTHER FIRMS AND THEREAFTER REPORT BACK TO THE BOARD." "RESOLUTION NO. 30887 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH MEC ANALYTICAL SYSTEMS FOR PREDREDGE ANALYSIS OF MATERIALS AT BERTHS 20, 21, 23, 25, 32 AND 33 CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPEITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 30888 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH PBN COMPANY FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30889 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30890 RESCINDING A PORTION OF RESOLUTION NO. 30852 APPOINTING LA TISHA M. RUSSFM TO THE POSITION OF RELIEF AIRPORT CUSTODIAN (INTERMITTENT, PART-TIME)." "RESOLUTION NO. 30891 CONCERNING CERTAIN LEAVES OF ABSENCE." "RESOLUTION NO. 30892 REJECTING CLAIM OF FRANCISCO B. MATUTE." "RESOLUTION NO. 30893 AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT WITH RALSTON PURINA INTERNATIONAL, INC."
August 16, 1988 - 14 - "RESOLUTION NO. 30894 AUTHORIZING EXECUTION OF ADDENDUM TO SUPPLEMENTAL AGREEMENT (EXTENSION OpTIONS) WITH AMERICAN PRESIDENT LINES, LTD." "RESOLUTION NO. 30895 AUTHORIZING EXECUTION OF SIXTH SUPPLEMENTAL AGREEMENT WITH AMERICAN PRESIDENT LINES, LTD." "RESOLUTION NO. 30896 AUTHORIZING ShilLEMENT OF INSURANCE CLAIM, BERTH I WHARF DAMAGE REPAIR." "RESOLUTION NO. 30897 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH OAKLAND SCAVENGER COMPANY." "RESOLUTION NO. 30898 AUTHORIZING EXECUTION OF RIGHT OF ENTRY WITH WILLIAM CRYER SONS." "RESOLUTION NO. 30899
DESIGNATING ROAUKAY ADJACENT TO FEDERAL EXPRESS YOTROPLEX AND WIRT BUILDING M-132 AS "SALLY RIDE WAY"." "RESOLUTION NO. 30900 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30901 AUTHORIZING ACCEPTANCE OF CLAIM OF CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION." "RESOLUTION NO. 30902 GRANTING AMERICAN AIRLINES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30903 GRANTING RAININ INVESTMENTS PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30904 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENT." "RESOLUTION NO. 30905" CONFIDENTIAL - UNDER CUSTODY OF SECRETARY OF THE BOARD.
August 16, 1988 - 15 - Port Ordinance No. 2829 being, "AN ORDINANCE AUTHORIZING THE EXECUTION OF TERMINAL USE AGREEMENT WITH NAVIERA PACIFICO, C. A.", and Port Ordinance No. 2830 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 CREATING ONE NEW POSITION OF PORT PERSONNEL CLERK", and Port Ordinance No. 2831 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITH MYRON AND BARBARA CAMPBELL, AS INDIVIDUALS, AND DIRECTING RECORDATION THEREOF", ;were read a second time and passed by the following vote: Ayes: Commissioners Brady, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent Commissioner Hunter - 1
Port Ordinance No. being, "AN ORDINANCE AUTHORIZING rtth EXECUTION OF TERMINAL USE AGREEMENT WITH COMPAGNIE MARITIME BELGE", and Port Ordinance No. being, "AN ORDINANCE ESTABLISHING PORT OF OAKLAND TARIFF NO. )A, FIXING THE RATES, DOCKAGE WHARFAGE, TOLLS AND CHARGES FOR THE PORT FACILITIES OF THE PORT OF OAKLAND AND FOR SERVICES RENDERED BY THE PORT DEPARTMENT; PROVIDING VARIOUS RULES AND REGULATIONS INCIDENTAL THERETO; PROVIDING PENALTIES FOR VIOLATIONS; AND REPEALING AND REPLACING PORT ORDINANCE NO. 964 AND ALL ORDINANCES AMENDATORY THEREOF, AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH", were read a first time and passed to print by the following vote: Ayes: Commissioners Brady, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent Commissioner Hunter - 1 At the hour of 4:53 p.m. the Board entered into closed session as previously announced by President Higgins and reconvened in open session at the hour of 6:30 p.m. at which time the meeting was adjourned on a motion duly made and seconded.
August 16, 1988 - 16 - REGULAR liffNUTES OF Tab BOARD OF PORT COMMISSIONERS
OF 1HE
crry OF OAKLAND The meeting, formal portion, was held on Tuesday, September 6, 1988, at the hour of 4:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, First Vice President Wasserman presiding, due written notice having been given to members of the Board. Commissioners present: Hunter, Sweeney, Ward Allen, and First Vice President Wasserman - 4 Commissioners absent: Brady, Pineda and President Higgins - 3 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Chief Financial Officer; Chief Engineer; Director of Aviation; Director of Administration; Special Assistant to the Executive Director for Trade Relations; Director of Public Affairs; Senior Commercial Representative; Port Principal Engineer, Tom Daniels; and Secretary of the Board. The minutes of the regular meeting of August 2, 1988, were approved as submitted and ordered filed. Vice President Wasserman informed the Board that he would call for a closed session at the conclusion of the open session for the purposes of discussing: 1. Pending litigation as provided for under Government Code Section 54956.9 (a) involving: (a) Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WS; and
OD) County of San Mateo v. Port of Oakland et al, San Mateo County Superior Court No. 329870. 2. Pending litigation as provided for under Government Code Section 54956.9 (b) and (c).
3. Personnel matters as provided for under Government Code Section 54957. Consulting Agreement with Roberts and Associates, Inc. for Air Passenger Service Marketing Assistance was the subject of a memo to the Board from the Director of Aviation, recommending approval to retain the aviation consulting firm to review existing and potential air service markets for American Airlines and other air carriers operating at Oakland Airport. The firm will update a two-year old air service analysis to include impact of recent airline consolidation; estimate potential air passenger volume in the top forty destinations markets; provide data with regard to fares and pricing strategies for various air service markets, and other specific tasks associated with American Airlines air service at the airport. The firm will be paid an amount not to exceed $20,000.00. The recommendation was approved on passage of Resolution No. 30906. New Lease - United Parcel Service, Inc. was the subject of a memo to the Board from the Director of Aviation, recommending approval of a new lease with United Parcel Service, Inc., for new premises within the cargo building and adjacent areas. The term would be five years and three months, expiring December 31, 1993. The premises would include 108,900 sf of apron space, 39,600 sf of cargo building space, and 139,000 sf of paved area, totaling 288,000 sf, at an initial monthly rental of approximately $21,440.00, to a total monthly rental of approximately $42,410.00 on March 1, 1989. The rent would be adjusted anually according with the CPI not to exceed 5% effective January 1, 1990. UPS would provide a performance deposit of $130,000.00 and take the premises as is. The Port and UPS would share equally in the cargo building renovations necessary, estimated to be $35,000.00 necessary to accommodate the interim relocation of three airlines. UPS would undertake the work and the Port share would be in the form of a rental credit divided equally over a three month period. UPS would
September 6, 1988 - 2 - make improvements in excess of $500,000.00. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Camsulting Agreementwith Keiser and Associates for Air Cargo Marketing Assistance was the subject of a memo to the Board from the Director of Aviation, recommending approval to retain the consulting services of Keiser and Associates to perform air cargo marketing services during the fiscal year. The firm will assist with the implementation of air cargo marketing strategy; implement and maintain an ongoing airport marketing effort with domestic and international air cargo carriers, forwarders, express package carriers, shippers, and government agencies; provide recommendations with regard to air cargo facility requirements for both the near-term and long-term, and provide evaluations of emerging trends in the air cargo industry, as they affect the air cargo marketing strategy, facility development plans, and revenue generation opportunities. The
-Firm wil l be h=id an amount nut- f-r1 exceed $20,000.00. The recommendation was approved on passage of Resolution No. 30907. FAA New Lease for Radio Range Station was the subject of ammo to the .Board from the Director of Aviation, recommending approval to enter into a new three-month lease from July 1, 1988, to September 30, 1988, with five one-year options to extend the lease for 4,000 sf of land at the North Airport, which contains the Radio Range station and a Directive Radio Beacon to assist incoming and departing aircraft. It was noted that no rent is involved. The recom- mendation was approved on passage of Resolution No. 30928. Supplement to License Agreement - Westates Airlines, Inc. was the subject of a memo to the Board from the Director of Aviation, recommending approval to add 11,122 of of space in Hangar 7 to their agreement for a new total monthly rental of $4,589.78. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously.
September 6, 1988 - 3 - Supplement to License Agreement - Sierra Pacific Airlines was the subject of a memo to the Board from the Director of Aviation, recommending approval to add 880 sf of office space and 10,125 sf of apron area to their agreement covering space at Building L-820, North Airport, for a new monthly rental of $1,196.43. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Supplement to License Agreement - Sierra Mountain Airways was the subject of a memo to the Board from the Director of Aviation, recommending approval to delete certain apron area from their agreement covering space at Building L-712, North Airport, resulting in a new lesser monthly rental of $1,657.29. The relocation will facilitate egress/ingress of aircraft to adjoining T-hangars. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Supplement to License Agreement - Rainin Iriv-e_s`ments, Inc. was the subject of a memo to the Board from the Director of Aviation, recommending approval to delete 9,000 sf of apron space from their agreement covering occupancy of Building L-710, North Airport, for a new lesser monthly rental of $2,965.11. The released area will facilitate egress/ingress of aircraft to adjoining T-hangars. Also recommended was the approval of a name change to Rainin Instrument Company, Inc. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously and on passage of Resolution No. 30908 for name change. Supplement to License Agreement - Emery Air Freight was the subject of a memo to the Board from the Director of Aviation, recommending approval to add 80,000 sf of apron area and 12,720 sf of paved parking area to their agreement covering space at Building L-820, North Airport, for a new monthly rental of $12,141.74. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously.
September 6, 1988 - 4 - License Agreement Renewal - Lamm Associates was the subject of a memo to the Board from the Director of Aviation, recommending approval to renew his agreement for space at Building L-819, North Airport, used for the sale and assembly of aircraft ground starting units, at a new monthly rental of $1,476.16. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Demolition and Building Permit Applications, United Parce=4 Service was the subject of a memo to the Board from the Chief Engineer, recommending approval for the demolition of certain interior improvements in the west end of the cargo building and the construction of a building addition covering an area of 34 x 300 along the south wall of the cargo building. The addition would have a slab, steel framing, ribbed metal roofing, canopy and siding. The estimated cost of the proposed demolition work is $7,000.00 and the proposed improvements is
$800,000-no_ The recommendation was approved on passage of Resolution No. 30915. Demolition of Port Building Lr-615, North Airport was the subject of a memo to the Board from the Chief Engineer, recommending approval to demolish Port Building L-615 located on Cooke Street at the North Airport. The building is currently unoccupied and is no longer economical to maintain. The cost of the demolition is approximately $8,000.00. The recommendation was approved on passage of Resolution No. 30921. Approval of Change Order to Reroute Fuel Line for Construction of Aircraft Apron and Hydrant Fueling System Northwesterly of Taxiway 5 and Adjacent to Building N-141 was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to Gallagher Burk, Inc., in the amount of $19,771.41, for the extra work required to reroute the fuel line to allow for the placement of an insolation valve and hydrant for the fuel system at a non-conflicting location at the Federal Express Building. The recommendation was approved on passage of Resolution No. 30922.
September 6, 1988 - 5 - AEproval of Change Order to Construct a Modified Tie-in on the Hydrant Fueling System for Construction of Aircraft Apron and Hydrant Fueling System Morthgesterly of TalltyffSand Adjacent to Building M-141 was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to Gallagher Burk, Inc. in the amount of $31,723.77 for additional excavation, bracing, dewatering and piping work required to tie-in the new fueling system with the existing fueling system piping at its termination point alongside Taxiway 5. The recommendation was approved on passage of Resolution No. 30922. Approval of Supplemental Agreement with Electro-Test for Testing Services was the subject of a memo to the Board from the Chief Engineer, recommending approval to increase the scope of work to test the high voltage system for the new air cargo facilities. The contract amount will be increased from $49,580.00 to $70,000.00. The recommendation was approved on passage of Resolution No. 30909. Tidewater Properties/Oakland Business Development Corporation - Amendment to Lease Option and Lease Agreement; Tidewater Properties/CEDC Joint
Venture Agreement was the subject of a memo to the Board from the Director of
Properties, notifying the Board of the lease option with Tidewater Properties, a joint venture of Guilltone Properties, Ltd., a California Limited Partnership and Oakland Business Development Corporation, for the development of approximately 90,000 sf of incubator warehouse facilities on 5.6 acres of vacant land on Tidewater Avenue and Lesser Street. The project has changed several times and it was recommended that the Board approve a two-month extension to the lease option agreement which was to expire of September 30, 1988. At the time written notification for funding has been received, it is proposed to extend the lease opLion agreement for an additional four months. The additional changes include: the use clause will be expanded to include office and retail as related to
September 6, 1988 - 6 - distribution, manufacturing and light industrial; an extension for the completion of construction may be granted upon receiving a written request for said extension on a reasonable basis, as approved by the Executive Director, and construction is to be completed no later that the 18th month after the commencement of the lease term, and certain other minor revisions. As part of the development process, the Port of Oakland Revolving Loan Trust Fund will be established. The fund would be a direct lending program established in conjunction with Oakland Business Development Corporation to facilitate economic development within the City of Oakland. The fund would allow small businesses, located within the boundaries of the Port of Oakland properties, to receive the financial assistance and/or management and technical advice which has been unavailable. The Oakland Business Development Corporation will be responsible for marketing the Revolving Loan Trust Fund, accepting applications, reviewing loan applications and making recommendations to the ivcaaa ..-uftmm44-1-esch Port will have final approval of the loan committee members. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Consultant Agreement for Feasibility Study and Design to Renovate Port Building F-107, Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into an agreement with Mackinlay Winnacker McNeil Associates, Inc. to perform a study of the existing building looking at the structural capacity, the mechanical, electrical and plumbing systems, code requirements, the elevators and lobby and the feasibility of design alternates including additional floor space, an atrium and new exterior skin. Part I is for the feasibility and concept study portion, and the firm will be paid for direct salaries including fringe benefits, general and administrative overhead costs, costs of subconsultant and other reimbursable expenses, and a fixed fee of $5,550.00. The maximum allowable payment of Part I is $60,800.00. Part II is for the development of a new scope of work based on the alternate
September 6, 1988 - 7 - selection in Part I. The consultant will be paid an hourly rate not to exceed $3,000.00. Part III is the development of the final schematic, design development and construction documents and the tenant improvement standards. The contractor will be paid $15,000.00 to begin the schematic phase. A supplemental agreement to cover the final fee for Part III will be submitted to the Board at a later date. The recommendation was approved on passage of Resolution No. 30923. Award of Contract, Construction of Public Areas, Part B, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the five bids received and recommending award of the contract to Unicon Construction Corp, the low bidder, at $1,265,500.00. The recommendation was approved on passage of Resolution No. 30931. Consideration of Negative Declaration and Approval of Amendment to the
Standards and Restriction for the Oakland Airport Business Park was the subject of a memo to the Board from the Chief Engineer, recommending that the Board adopt the Negative Declaration and find that, on the basis of the Initial Study and the comments received, there is no substantial evidence that the project will have a significant adverse effect on the environment. Additionally recommended was a second reading of the ordinance amending the Standards and Restriction for the Oakland Airport Business Park. The recommendation was approved on passage of Resolution No. 30925, and on the second reading of the ordinance amending the Standards and Restrictions.
Supplemental Agreement for Disposal of Hazardous Materials from Distribution Center was the subject of a memo to the Board from the Chief Engineer, notifying the Board that Baseline Environmental Consulting, under contract to the Port, had found small amounts of hazardous materials containing polynuclear aromatic hydrocarbons at two locations. It was recommended that the Board authorize the Executive Director to execute a supplemental agreement for Baseline to contract for excavating, analyzing, manifesting and disposing of 325
September 6, 1988 - 8 - tons of hazardous waste at a total cost of $80,000.00. The recommendation was approved on passage of Resolution No. 39020. License Agreement Renewal - J. W. Barbara Silveira was the subject of a memo to the Board from the Director of Properties, recommending approval to renew their agreement for land and water area at the foot of 5th Avenue used for a marina, at a new monthly total rental of $ 3,687.54. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Maritime Forecasting, Consultant Contract was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board of previous maritime forecasting services to the Port and recommending a one-year subscription to the Data Resources Incorporated, Temple, Barker and Sloane, Inc., World Sea Trade Service, at a fee of $20,000.00. The recommendation was approved on passage of Resolution No. 30924. Management Agreement with Marine Terminals Corporation at Ninth Avenue Terminal was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that Marine Terminals Corporation has operated the Ninth Avenue Terminal since 1965 under various agreements, and recommending that the Management Agreement be renewed for a three-year period expiring September 30, 1991. The principal elements included in the agreement are: MTC guarantees that the Port shall receive the minimum sum of $900,000.00 for each contract year from dockage, wharfage, wharf demmurage and storage; an annual performance standard of 240,000 tons; MTC will retain 30% of all tariff revenues which accrue from dockage, whargage, wharf demurrage and storage up to a level of $1,200,000.00, 40% of all dockage and wharfage revenues in excess of $1,200,000.00 up to $1,600,000.00 and 50% of all dockage and wharfage revenues in excess of $1,600,000.00. The agreement also provides for occasional use by MTC of the Seventh Street Public Container Terminal and Berth 40 when cargo or vessels cannot be accommodated at the Ninth Avenue Terminal because of cargo weight,
September 6, 1988 - 9 - vessel draft, or railroad access constraints. The recommendation was approved on an ordinance passed to print. Approval to Ratify Actions Taken and Dispense with Formal Bids for the Emergency Repair of Berth 23, Outer Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, notifying the Board that an Orient Overseas Container Line vessel ran into Berth 23 wharf at the Outer Harbor Terminal causing damage to approximately 60 feet of fendering system and five concrete piles supporting the outer crane rail. The equipment circulation and terminal operation in the Outer Harbor is severely hampered and container cranes X-413 and X-414 cannot shuttle between Berths 23 and 24. It was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures to accomplish the repair work and ratify the determination made and action taken by the Chief Engineer to order six prestressed concrete piles needed for the repairs. The preliminary estimate of repair cost ranges from $300,000.00 to $500,000.00. The recommendation was approved on passage of Resolution No. 30926. Purchase of TWo Cargo Hook Assemblies for the Seventh Street Public Container Terminal Cranes was the subject of a memo to the Board from the Chief Engineer, recommending approval for the issuance of a change order to Kocks Crane and Marine Company in the amount of $25,980.00 for two cargo hook assemblies. The new cranes will be furnished with a heavy lift cargo beam for lifting heavy non-containerized cargo and will be suitable for the attachment of a 60 short-ton cargo hook assembly which is to be provided by the Port. As there are no standard assemblies available, Kocks will design and furnish the hooks. The recommendation was approved on passage of Resolution No. 30927. Set Date for Public Hearing on Supplemental Environmental Impact Report for Phase I, Oakland Inner Harbor Dredging was the subject of a memo to the Board from the Chief Engineer, recommending approval to set the date of October 5, 1988
September 6, 1988 - 10 - at 6:00 p.m. for a Public Hearing on the Draft Supplemental Impact Report, Phase I, Oakland Inner Harbor Dreding. It was noted that the Port staff is now preparing a Supplemental EIR, covering the environmental impacts of disposing of the 440,000 cubic yards of Phase I material by using the material to reinforce levees in the Delta. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Assignment of Pacific Australia Direct Line Terminal Use Agreement to Hyundai Australia Direct Line was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that Pacific Australia Direct Line has provided primarily roll-on/roll-off service between the Pacific Coast and Australia. The line entered into a five-year term Terminal Use Agreement that expires of November 30, 1991. Pacific Australia Direct Line and Hyundai Merchant Marine have recently announced the rationalizing of their services between the Pacific Coast and Australia to take effect September 20, 1988, and have entered into a Joint Service Agreement approved by the Federal Maritime Commission. Hyundai operates a breakbulk service, with steel the prominent commodity, between the Pacific Coast and Australia. Hyundai does not presently have a Terminal Use Agreement with the Port for their breakbulk service between the Pacific Coast and Australia although the line does have a separate Terminal Agreement for their transpacific container service. The new joint service will be renamed the Hyundai Australia Direct Line and will continue vessel operations at the Seventh Street Public Container Terminal under Hyundai s management. It was recommended that the Board approve a supplemental agreement to the Pacific Australia Direct agreement that provides for the agreement to be assigned to Hyundai Australia Direct Line. Port of Oakland, Relocation Program was the subject of a memo to the Board from the Director of Administration. At the request of Commissioner Wasserman, the item was held over to the next meeting of the Board.
September 6, 1988 - 11 - Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Salvatore C. DiGrande as Traffic Representative and Tariff Analyst III, effective September 7, 1988, at $2,923.00 per month; Eva W. Kong as Senior Typist Clerk, effective September 7, 1988, at $1,845.00 per month. Also recommended was approval of the revision of job specifications for Port Personnel Clerk; and the examination announcements for Port Personnel Clerk and Assistant Airport Planner. Further recommended was a personal leave of absence for Henry F. Melendres, Port Personnel Analyst, for 64 working days. The recommendations were approved on passage of Resolution No. 30910 for examination announcements; Resolution No. 30912 for appointments; Resolution No. 30913 for job specifications; and Resolution No. 30914 for leave of absence. Travel Authorization contained in a memo to the Board from the Director of Administration recommended the travel of Cliff King, Supervising Transpor- tation Planner, and Loretta Meyer, Associate Port Environmental Planner, to Seattle, Washington, on or about September 10, 1988, to meet with officials of TRA on the Airport Master Plan; the travel of Commissioner Carole Ward Allen, the Executive Director, the Director of Aviation, Assistant Port Attorney, John Nolan, Special Assistant to the Executive Director, George Watson, and the Director of Management Planning, to Seattle, Washington, on or about the period September 12 - 16, 1988, to attend the Airport Operators Council International Conference; the travel of the Director of Research, to Las Vegas, Nevada, on or about the period September 18 - 21, 1988, to attend the National Association of Government Deferred Compensation Administrators; the travel of Ray Boyle, Senior Traffic Representative and Traffic Analyst, to Portland, Oregon, on or about September 20, 1988, to attend the California Association of Port Authorities, Tariff and Practices Committee meeting. The recommendation was approved on passage of Resolution No. 30911.
September 6, 1988 - 12 - The following report were discussed and ordered filed: Report of Port Attorney on Litigation Matters. Status of Construction Contracts in Progress as of August 1988. Status of Consultant Contracts in Progress as of August 1988. Summary of Cash - Port Revenue and Construction Funds as of August 26, 1988. Summary of Claims Paid from Various Funds for the Period August 5, 1988 through August 26, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Hunter, Sweeney, Ward Allen, and First Vice President Wasserman - 4 Noes: None Absent: Brady, Pineda, and President Higgins - 3 "RESOLUTION NO. 30906 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH ROBERTS ASSOCIATES, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30907 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH KEISER ASSOCIATES FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30908 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH RAININ INVESTMENTS, INC." "RESOLUTION NO. 30909 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH ELECTRO- TEST, INCORPORATED." "RESOLUTION NO. 30910 APPROVING EXAMINATION ANNOUNCEMENTS FOR 1HE POSITIONS OF PORT PERSONNEL CLERK AND ASSISTANT AIRPORT PLANNER."
September 6, 1988 - 13 - "RESOLUTION NO. 30911 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30912 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30913
APPROVING JOB SPECIFICATION FOR THE POSITION OF PORT PERSONNEL CLERK." "RESOLUTION NO. 30914 RATIFYING GRANTING LEAVE OF ABSENCE TO HENRY F. MELENDRES, PORT PERSONNEL ANALYST." "RESOLUTION NO. 30915 GRANTING UNITED PARCEL SERVICE, INC. PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30916 APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDER, AND GRANTING TIME EXTENSION FOR CONTRACT FOR CONSTRUCTION OF AIRCRAFT APRON AND HYDRANT FUELING SYSTEM NORTHWESTERLY OF TAXIWAY 5 AND ADJACENT TO BUILDING M-141, SOUTH FIELD, METROPOLITAN OAKLAND, INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30917 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30918 GRANTING UP-RIGHT INC. PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30919 GRANTING WALLY MCDANIEL PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 30920 APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT BASELINE ENVIRONMENTAL CONSULTING." "RESOLUTION NO. 30921 GRANTING PERMISSION TO DEMOLISH PORT BUILDING L-615." "RESOLUTION NO. 30922 APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDER, AND GRANTING TIME EXTENSION FOR CONTRACT FOR CONSTRUCTION OF AIRCRAFT APRON AND HYDRANT FUELING SYSTEM NORTHWESTERLY OF TAXIWAY 5 AND ADJACENT TO BUILDING M-141, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA."
September 6, 1988 - 14 - "RESOLUTION NO. 30923 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH MACKINLAY WINNACKER MCNEIL ASSOCIATES, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZE) SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30924 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH DATA RESOURCES, INCORPORATED FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 30925 CERTIFYING REVIEW, CONSIDERATION AND APPROVAL OF NEGATIVE DECLARATION REGARDING AMENDMENT TO THE STANDARDS AND RESTRICTIONS FOR THE OAKLAND AIRPORT BUSINESS PARK, MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH." "RESOLUTION NO. 30926 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO PERFORM CERTAIN PUBLIC WORK WITHOUT COMPETITIVE BIDDING, AUTHORIZING nib PERFORMANCE THEREOF AND RATIFYING EMERGENCY PROCUREMENT OF CONCRETE PILES." "RESOLUTION NO. 30927 APPROVING ISSUANCE OF CHANGE ORDER, WITHOUT TIME EXTENSION, FOR CONTRACT FOR CONSTRUCTION AND INSTALLATION OF CONTAINER CRANES AT SEVENTH STREET PUBLIC CONTAINER TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30928 AUTHORIZING EXECUTION OF AGREEMENT WITH THE UNITED SPATES OF AMERICA." "RESOLUTION NO. 30929 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH HYUNDAI AUSTRALIA DIRECT LINE." "RESOLUTION NO. 30930 APPROVING BOND OF INDEMNITY AND PROOF OF LOSS FOR PORT OF OAKLAND 1971 CERTIFICATE COUPON." "RESOLUTION NO. 30931 AWARDING CONTRACT TO UNICOM CONSTRUCTION CORP., FOR CONSTRUCTION OF PUBLIC AREAS, PART B, JACK LONDON SQUARE, OAKLAND, CALIFORNIA; FIXING Mb AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS."
September 6, 1988 - 15 - Port Ordinance No. 2832 being, "AN ORDINANCE ESTABLISHING STANDARDS AND RESTRICTIONS REGULATING THE USE OF LAND AND THE DESIGN AND CONSIRUOTION OF STRUCTURES AND OTHER IMPROVEMENTS IN THE OAKLAND AIRPORT BUSINESS PARK, AND REPEALING PORT ORDINANCE NO. 1343, AS AMENDED , was read a second time and passed by the following vote: Ayes: Commissioners Hunter, Sweeney, Ward Allen, and First Vice President Wasserman - 4 Noes: None Absent: Brady, Pineda, and President Higgins - 3 Port Ordinance No. being, "AN ORDINANCE CORRECTING PUBLICATION OF PORT ORDINANCE NO. 2833 RELATING TO THE ESTABLISHMENT OF PORT OF OAKLAND TARIFF NO. 2A", and Port Ordinance No. being, "AN ORDINANCE AMENDING CERTAIN SECTIONS OF PORT ORDINANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN POSITIONS IN THE PORT ATTORNEY S OFFICE", and Port Ordinance No. being, "AN ORDINANCE AUTHORIZING THE EXECUTION OF MANAGEMENT AGREEMENT WITH MARINE TERMINALS CORPORATION", were read a first time and passed to print by the following vote: Ayes: Commissioners Hunter, Sweeney, Ward Allen, and First Vice President Wasserman - 4 Noes: None Absent: Brady, Pineda, and President Higgins - 3 At the hour of 4:28 p.m. the Board entered into closed session as previously announced by First Vice President Wasserman and reconvened in open session at the hour of 5:15 p.m. at which time the meeting was adjourned on a motion duly made and seconded.
Secretary
September 6, 1988 - 16 - REGULAR MEETING OF THE BOARD OF POW COMMISSIONERS CF TEE CITY OF OAKLAND The meeting, formal portion, was held on Tuesday, September 20, 1988, at the hour of 4:05 p.m. in the office of the Board, Room 376, 66 Jack London Square, President Higgins presiding, due written notice having been given to the members of the Board. An informal portion was held during the period from 3:10 p.m. to 3:55 p.m. during which time the Board held discussions on their proposed committees, meeting times and committee monthly reports; and received a report on the Port s proposed Relocation Policy for new certain employees. Commissioners present: Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Commissioners absent: None Also present were the Executive Director; Deputy Executive Director; Port Attorney; Chief Financial Officer; Chief Engineer; Assistant Chief Engineer; Director of Aviation; Director of Properties; Special Assistant to the Executive Director for Trade Relations; General Manager, Marine Terminals; Director of Properties; and Secretary of the Board. Visitors attending the meeting included Mr. Curtis R. Smothers, President of the Jack London Village Merchants Association; and Mr. Chuck Shaffer, Executive Vice President of Urban Center Developments. For future meetings, the Board noted that they would discuss City Measure "T", the Nuclear Initiative, at their meeting to be held on Tuesday, October 4, 1988; and a review of the first quarter budget performance at their meeting of October 18, 1988. The Board also discussed potential committee meeting times. President Higgins informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code Section 54956.9 (a) involving: (a) Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of CAlifornia No. C 88 1422 WWS; and (b) County of San Mateo v. Port of Oakland, et al; San Mateo County Superior Court Action No. 329870. 2. Pending litigation as provided for under Government Code Sections 54956.9 (b) and (c). 3. Personnel matters as provided for under Government Code Section 54957.
Acceptance of FAA Grant Offer for AIP-09 was the subject of a memo to the Board from the Chief Engineer, recommending approval to accept the grant offer covering the first allocation for FY 88 in the amount of $1,043,384.00. The total multi-year grant offer is $4,432,450.00 with the remaining $3,389.066.00 to be allocated during FY 89. The recommendation was approved on passage of Resolution No. 30932. Specifications to Furnish and Deliver Hydrant Fueling Servicers was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for constructing and delivering four self-powered and contained service vehicles to interconnect the aircraft hydrant fueling piping system with the aircraft fueling receiving connection units. The new units will cover the recent expansion of the system and the expansion of the Terminal I five-gate addition. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30933. Plans and Specifications for Construction of Hydrant Fueling System Extensions for Building M-103 Expansion, South Airport was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the installation of underground hydrant fueling piping with fuel hydrant pits at the new gates and additional new fuel hydrant pits at Gates 7, 8 and 10 to accommodate revised aircraft and other related work. The
September 20, 1988 - 2 - project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30934. Plans and Specifications for Recoating Ticketing Building ME-101 Roof, South Airport was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for applying an asphalt base emulsion and a white acrylic reflective coating over the existing roof covering approximately 85,000 sf. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30935. Plans and Specifications for the Overlay of Aircraft Apron, Miller Aviation Center, South Airport was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the upgrading of approximately 880,000 sf of aircraft apron and taxiways serving Building M-110, by repairing the failed pavement sections, placement of reinforcing fabric, and a 3" asphalt concrete overlay. The project is cate- gorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30936. Deletion of Space - Travis was the subject of a memo to the Board from the Director of Aviation, notifying the Board that Travis Aircraft Services currently occupies 13,480 sf of space in the air cargo building, and recommending approval to delete 4,400 sf of that space as Travis no longer requires the area. It was noted that CF Air Freight intends to rent the deleted space. The recom- mendation was approved on passage of Resolution No. 30937. Termination of Agreement - Airborne was the subject of a memo to the Board from the Director of Aviation, notifying the Board that Airborne Express, Inc. currently occupies 520 sf in Building M-103, Terminal I, and that the space is scheduled for demolition as part of the new concourse expansion. It was recommended that the agreement be terminated effective September 30, 1988. It was noted that Airborne has been relocated on the airport. The recommendation was approved on passage of Resolution No. 30938.
September 20, 1988 - 3 - Container Exchange International, Inc., Proposal to Lease and Interim License Agreement was the subject of a memo to the Board from the Director of Properties, recommending approval of a proposed new lease with Container Exchange International, Inc. for Port-owned property located at 201 Hegenberger Road, which contains 2.5 acres with an 1152 sf office building. The site was formerly occupied by Rentco Truck Leasing. The site would be used for the storage, repair and resale of containers, and the tenant proposes to expand into air freight container repair as a result of the proximity to the Airport. Approximately 30,000 sf would be subleased to Mission Clay, who will utilize the property as their wholesale outlet and for the storage of clay piping. Basic provisions on the new lease include: a term of five years with an initial monthly rental of $.045 per sf or $4,900.00; the monthly rent would be adjusted on the first day of the 36th month of the lease in accordance with the percentage change in the Consumer Price Index; the site would be taken as is with a performance deposit to be equal to three times the monthly rent, and increased by the same percentage as the monthly rent on the adjustment date. The lease would also contain the Port s standard provisions for similar leases. Included in the recommendation was approval of an interim license agreement to allow for early occupany of the site. It was also noted the lease involves a brokera ge commission payment of approximately $4,050.00 to Hamilton, Cohn, Gerow Associates. The recom- mendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Supplemental Consultant Agreement Pertaining to Acquisition of Sherex Chemical Property was the subject of a memo to the Board from the Chief Engineer, notifying the Board that Sherex Chemical Company, Inc., owns the property located at 1401 Middle Harbor Road between the American President Lines Terminal and the Schnitzer Steel property. The property consists of approximately 8.5 acres of vacant industrial land, which includes three acres of land submerged under the estuary.
September 20, 1988 - 4 - Sherex has indicated its interest in selling the property to the Port. The Port hired ERM-West, an environmental consulting firm, to perform an assessment of surface and subsurface conditions at the upland portion of the site at a cost not to exceed $15,000.00. In order to characterize the Bay sediments in the estuary adjacent to the site, it was recommended that the Port enter into a Supplemental Agreement with ERM-West in the amount of $65,000.00 to test the water area. The additional investigation will allow a more complete identification and assess potential liabilities that may be associated with the purchase of the Sherex site. The recommendation was approved on passage of Resolution No. 30956. Tidewater Properties/CBDC - Recciamerx3ed Approval of Lease Option Agreement Amendment, Assignment and Trust Fund Agreement was the subject of a memo to the Board from the Director of Properties, notifying the Board of the prior actions concerning the Port, Tidewater Properties and Oakland Business Development Corporation, and recommending approval of a third supplemental agreement which extends the lease option term to November 30, 1988, and a turther extension of four additional months to March 31, 1989, upon successful submission of the required documentation to the United States Department of Housing and Urban Development for an Urban Development Action Grant Loan. It was also recommended that the Port of Oakland Minority, Women and Small Business Trust Fund Agreement between the Port and OBDC be approved. In order to complete the Tidewater Properties Joint Venture financing arrangements involving Guilitone, Ltd. and OBDC, it was recommended that the Board approve the assignment of CBDC s interest to Tidewater Properties as a portion of OBDC s capital contribution to the partnership. After discussion, the recommendation was approved on passage of Resolution No. 30955. Approval of Pricing for Herman Miller Office Work Station System for New Port Office Building, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Executive Director
September 20, 1988 - 5 - was previously authorized to negotiate with Herman Miller for specific conditions and pricing for the office work station components to be installed in the new building. The negotiations have been completed and it was recommended that the Board approve the execution of a contract with Herman Miller reflecting special pricing estimated to be $800,000.00, after discount, for the work station components. The pricing extends to May 1, 1989, with the understanding that the order must be placed by April 1, 1989, for guaranteed delivery to meet the September 1, 1989, move-in date. The recommendation was approved on passage of Resolution No. 30939. Licence Agreement - RicEeniell s Christmas Trees and Brent Hennefer was the subject of a memo to the Board from the Director of Properties, recommending approval of two 1988 Christmas season license agreements in the Business Park to cover McDaniel s Christmas Trees, at a new total rent of $7,815.00, and Brent Hennefer at a new total rent of $6,915.00. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Building Permit Application, Waterstreet III, Oakland Portside Associates, 89 Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of a one-story retail building in front of the Boatel. The project consists of the construction of an 18 - 6" high retail building containing approximately 5,650 sf of gross floor area, which will be divided into seven individual retail outlets. The estimated cost of the proposed improvements is $250,000.00. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 30940. Sea-Land Rental Adjustment, Parcel "A" was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board of Sea-Land s Parcel "A" which consists of approximately 10 acres of improved land and three buildings which include a container freight station combined with offices, a
September 20, 1988 - 6 - maintenance facility and a small warehouse. Parcel "A" was originally a separate agreement executed in 1963 with a 25 year term. In 1980, Parcel "A" was included in a major revision to the Sea-Land Lease and Preferential Assignment Agreement that combined three separate Sea-Land agreements expiring at various times into one document and extended the term until March 31, 2000. The adjustment in the rental for Parcel "A" is effective March 1,1988, and is the last one provided for in the agreement. Because the value of the improvements represents a significant increase to Sea-Land, it was the subject of negotiations over several months. An agreement has now been reached and it was recoituuended that the Board approve the adjustment consisting of a rental return of 10%, making annual rental for improvements $184,370.00. Land value was determined to be $6.00 per sf and using a 10% return, rental for land is $251,579.00 annually. The final element in the adjustment is for insurance/overhead which results in an annual amount of $17,331.00 for a total annual payment of $453,281.00. The recommendation was approved on passage of Resolution No. 30959. Amendment to Terminal Use Agreement with Hapag-Lloyd and Pacific Europe Express was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that the Port has a Teminal Use Agreement with three shipping lines, Hapag-Lloyd Euro Pacific, Pacific Europe Express and Johnson ScanStar. Johnson ScanStar recently decided not to renew the agreement with Hapag-Lloyd Euro Pacific and Pacific Europe Express and it was recommended the use agreement be amended to clarify the assignment and term provisions that will allow the application of the present terms and conditions to continue for Hapag-Lloyd Euro Pacific and Pacific Europe Express until December 31, 1989. The service will continue on a weekly frequency inbound and outbound. The recommendation was approved on passage of Resolution No. 30941. Pecind Date for Public Hearing on SEIR for Phase 1, Oakland Inner Harbor Dredging was the subject of a memo to the Board from the Chief Engineer,
September 20, 1988 - 7 - notifying the Board that October 5, 1988, was previously set for a Public Hearing on the Supplemental Environmental Impact Report for Phase 1 of the Oakland Inner Harbor Dredging Project. As all of the proposed testing has not been completed, it was recommended that the date be rescinded. The hearing will be rescheduled at a subsequent meeting. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Port of Oakland Relocation Program was the subject of a memo to the Board from the Director of Administration, notifying the Board that to address the Port s need to attract qualified candidates for positions at the Port while meeting the Port s goal of hiring Oakland residents, a relocation program for prospective employees has been prepared based on a relocation program of public and private industries. It was recommended that the program be approved. The basic policy provides for the Port of Oakland to pay for certain relocation expenses of management and other professionals, on a case by case basis as determined by the Executive Director, who relocate to the City of Oakland to become part of Port of Oakland workforce. Some reimbursements will be made to the employees for expenses incurred during the interview process for designated positions. The program provides for eligibility, method of payment, areas of provision which include air travel, automobile travel, shipment of household goods, meal allowance, house hunting trip, car rental and other provisions not outlined in the program, and approved by the Executive Director on a case by case basis prior to any issuance of reimbursements to new and/or prospective employees. The recommendation was approvecIon a motion by Commissioner Wasserman, seconded and passed unanimously. President Higgins announced the following committee appointments for the coming year: Transportation - Chair, Thomas J. Sweeney; members Douglas J. Higgins and G. William Hunter; Development - Chair, R. Zachary Wasserman; members Ronald W. Brady, and Patricia Pineda; Finance and Administration - Chair, Ronald W. Brady;
September 20, 1988 - 8 - members, Carole Ward Allen and Thomas J. Sweeney; Deferred Compensation Committee Board Representative, Patricia Pineda; External Affairs - Chair, Carole Ward Allen; members R. Zachary Wasserman and G. William Hunter, Temporary Committees: Port Ballot Referendum - Chair, R. Zachary Wasserman; members Carole Ward Allen and Ronald W. Brady; Port Board and Staff Structure and Organization - Chair, Ronald W. Brady; members Patricia Pineda and Thomas J. Sweeney. Commissioner Brady noted that his committee on Port Board and Staff Structure and Organization would be meeting on Tuesday, September 27, 1988, to receive consultant proposals. The Board also discussed proposed committee meeting times and it appeared that the major committees would all meet on Tuesdays of the Board meetings. Appointment of Auditors for the Fiscal Year Ended June 30, 1988 was the subject of a memo to the Board from the Chief Financial Officer, notifying the Board that the firm of Deloitte Haskins Sells examined and reported on the Port s financial statements for the fiscal year ended June 30, 1987. The firm has proposed to complete the examination of the Port s financial statements and report thereon and to perform the audit of Federal Grants under the Single Audit Act for the fiscal year ending June 30, 1988, for a fee of $75,000.00. The proposal is based on 1500 budgeted staff hours and an average discounted rate for professional services of $50.00 per hour. It was recommended that the proposal by Deloitte Haskins Sells in association with Adams, Grant, Werner Co. be retained under a contract to examine the Port s financial statements for a total fee not to exceed $75,000.00. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Personnel Items contained in a memo to the Board from the Director of Administration, recommended the appointment of Dale Hamilton as Commercial Representative III, effective September 21, 1988, at $2,924.00 per month. Also recommended was a military leave of absence for Tom Remus, Supervising Civil Engineer for five working days. The recommendations were approved on passage of Resolution No. 30942 for appointment; and Resolution No. 30943 for leave of absence.
September 20, 1988 - 9 - Travel Authorization contained in a memo to the Board from the Director of Administration, recommended the travel of Yale Yee, Electrical/Mechanical Engineer, and Dave Nemcik, Sr., Engineering Assistant, to Seattle, Washington, on or about September 21, 1988, to attend the Annual Meeting of the West Coast Committee on Marine Barriers; the travel of the Manager, Cargo Marketing, and Jack Knecht, Marine Commercial Representative V, to Omaha, Nebraska and Chicago, Illinois, on or about the period September 25 - 30, 1988, to meet with Union Pacific Officials in Omaha, and for trade promotion purposes in Chicago; the travel of the Deputy Executive Director, to Omaha, Nebraska, and Chicago, Illinois, on or about September 28, 1988, to meet with the Intermodal and Planning staffs of Union Pacific in Omaha and attend a Shipper Reception in Chicago; the travel of the Manager, Marine Marketing, to Las Vegas, Nevada, on or about September 30, 1988, to attend the annual meeting of the Meat Importers Council of America, Inc.; the travel of the Special Assistant to the Executive Director for Trade Relations, and the Assistant to the Deputy Executive Director, to Honolulu, Hawaii, on or about the period October 2 - 5, 1988, to attend the National Defense Transportation Association s 43rd Annual Transportation and Logistic Forum; the travel of the President of the Board, to Port Angeles, Washington, on or about the period September 25 - 29, 1988, to attend the annual PCAPA convention. The recommendation was approved on passage of Resolution No. 30944. Administrative Fee Charge Increase for Vision Service Plan/Benefits
Changes was the subject of a memo to the Board from the Director of Administration, notifying the Board of the Port s self-funded arrangement for vision care with the Vision Service Plan, and that the Port pays Vision Service Plan an administrative fee of 69 cents per eligible employee per month for services provided to the Port. The firm has notified the City and the Port that its administration fee will be increased to 76 cents per employee. It was
September 20, 1988 - 10 -
1 recommended that the Board ratify the Amendment to the Ordinance relating to administrative fee charges to the Port for services provided and amend the Service Agreement to reflect the change. The recommendation was approved on passage of Resolution No. 30957, and on an ordinance passed to print. Prevailing Wages for Retail and Food Service Employees was the subject of a letter to the Board from the Port Attorney, as previously requested by the Board. The report noted potential legal issues attendant to a proposal that various retail and food service business owners in Jack London Square be required to pay "prevailing wages" to their employees. The report notes that two basic methods for implementing such a proposal could be by lease agreement, or enact- ment of an ordiance to require the payment of "prevailing wages". Based upon research to date, the Port Attorney noted that a city s general authority within its limits to make and enforce all local, police, sanitary and other ordinances and regulations could include prevailing wages so long as the ordinances and regulations are not in conflict with general laws. If there is such a conflict, the regulations would be lawful only if they concerned a "municipal affair". He further noted that a prevailing wage ordinance may be in conflict with state minimum wage law and that it was questionable whether minimum wages of private service employees is a " municipal affair". Finally, the Port Attorney noted that any regulation adopted must be within the Board s authority under the Charter, which would require establishing a relationship between the regulators and Port purposes. Other legal issues which would require further investigation include equal protection, depending upon which Port operations might be included in or excluded from a prevailing wage ordinance, due process, impairment of contract, and the implied convenant in contracts requiring good faith and fair dealing. Mr. Chuck Shaffer, Executive Vice President of Urban Center Development, appeared before the Board to note that the proposed tenants for the Jack London
September 20, 1988 - 11 - Waterfront development were being approached on a family type of operation and that the proposed "prevailing wages concept" would not fit the entrepreneurial emphasis of the development. He further noted that excessive restrictions in the market place were not conducive to good business practices. Mr. Curtis Smothers, President of the Jack London Village Merchants Association, appeared before the Board to note that the merchants in the Village relied on training, motivation, incentives and comietition for their employees and the one item the merchants did not need was more restrictions by the landlord on their operations. He also stated that a prevailing wage requirement would be illegal. He urged the Board to reject the "prevailing wage concept" as not being responsive to the development of business opportunities. Mr. Dan Cassidy of the Restaurant and Hotel Workers, Local 28, a member of the Coalition for Economic Development, the proponent of the "prevailing wage" issue, appeared before the Board to receive a copy of the Port Attorney s report and noted that his group would study the report and an accompanying report prepared by the Properties Department. Commissioner Sweeney asked to see the Properties Department report include figures from the Grotto Restaurant. The item was taken under review by all parties for further study. The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of August 5, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the Month of July 1988. Accounts in Arrears as of July 31, 1988. Delinquent Accounts Referred to Legal Reported as of August 10, 1988. Summary of Claims Paid from Various Funds for the Period August 28, 1988 through September 8, 1988
September 20, 1988 - 12 - The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Noes: None Absent None "RESOLUTION NO. 30932 ACCEPTING GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER AIP PROJECT NO. 3-06-0170-09, CONTRACT NO. DTFA09-88-C-30330." "RESOLUTION NO. 30933 APPROVING PLANS AND SPECIFICATIONS TO FURNISH AND DELIVER HYDRANT FUELING SERVICERS, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30934 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF HYDRANT FUELING SYSTEM EXTENSION FOR BUILDING M-103 EXPANSION, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30935 APPROVING PLANS AND SPECIFICATIONS FOR RECOATING TICKETING BUILDING M-101 ROOF, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." ”pr.q.cLUTTON NO. 30936 APPROVING PLANS AND SPECIFICATIONS FOR OVERLAY OF AIRCRAFT APRON, MILLER AVIATION CENTER (BUILDING M-111), SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30937 APPROVING AND AUTHORIZING EXECUTION OF A FIRST SUPPLEMENTAL AGREEMENT WITH TRAVIS AIRCRAFT SERVICES, INC." "RESOLUTION NO. 30938 APPROVING AND AUTHORIZING EXECUTION OF TERMINATION AGREEMENT WITH AIRBORNE EXPRESS, INC." "RESOLUTION NO. 30939 AUTHORIZING EXECUTION OF AGREEMENT WITH HERMAN MILLER, INC. FOR PRICING AND PURCHASE OF OFFICE WORK STATION SYSTEM COMPONENTS TO BE INSTALLED IN NEW PORT OFFICE BUILDING."
September 20, 1988 - 13 - "RESOLUTION NO. 30940 GRANTING BUILDING PERMIT APPLICATION TO OAKLAND PORTSIDE ASSOCIATES." "RESOLUTION NO. 30941 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH EURO-PACIFIC SERVICE AND PACIFIC EUROPE EXPRESS." "RESOLUTION NO. 30942 APPOINTING DALE HAMILTON TO THE POSITION OF COMMERCIAL REPRESENTATIVE III." "RESOLUTION NO. 30943 RATIFYING GRANTING MILITARY LEAVE OF ABSENCE TO TOM REMUS, SUPERVISING CIVIL ENGINEER." "RESOLUTION NO. 30944
CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30945 AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH TRANS- BOX SYSTEMS, INC." "RESOLUTION NO. 30946 APPROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH GREAT ATLANTIC LOBSTER COMPANY." "RESOLUTION NO. 30947 AUTHORIZING ACCEPTANCE OF CLAIM OF MARY PATTERSON." "RESOLUTION NO. 30948 REJECTING CLAIMS OF (A) BETTY ELNESS; (B) LEW AND NADJA J. WARDEN; AND (C) RICHARD DENESHA." "RESOLUTION NO. 30949 REJECTING CLAIM OF HENRY F. MELENDRES." "RESOLUTION NO. 30950 COMPROMISING AND StamING CLAIM OF FREDERICK E. RANDLE AND AUTHORIZING EXECUTION OF STIPULATED SETTLEMENT." "RESOLUTION NO. 30951 COMPROMISING AND SETTLING CLAIM FOR REIMBURSEMENT OF WORKER S COMPENSATION BENEFITS PAID ON BEHALF OF MICHAEL PRINCE AND AUTHORIZING EXECUTION OF STIPULATED SETMEMENT."
September 20, 1988 - 14 - "RESOLUTION NO. 30952 DENYING APPLICATION FOR LEAVE TO PRESENT LATE CLAIM OF BETTY ELNESS." "RESOLUTION NO. 30953 OF CONDOLENCE UPON THE PASSING OF WILLIAM S. DOWNING." "RESOLUTION NO. 30954 AUTHORIZING EXECUTION OF PRIVATE ROAD ENCROACHMENT AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY." "RESOLUTION NO. 30955 CONSENTING TO ASSIGNMENT OF LEASE OPTION AGREEMENT WITH OAKLAND BUSINESS DEVELOPMENT CORPORATION TO TIDEWATER PROPERTIES AND APPROVING AND AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT AMENDING THE LEASE OPTION AGREEMENT AND OF PORT OF OAKLAND MINORITY, WOMEN AND SMALL BUSINESS TRUST FUND AGREEMENT WITH OAKLAND BUSINESS DEVELOPMENT CORPORTATION." "RESOLUTION NO. 30956 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH ERM CONSULTANTS, INC., FOR CHARACTERIZING BAY SEDIMENTS ON THE SHEREX CHEMICAL COMPANY, INC. SITE CONSTITUTES PROFESIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 30957 AUTHORIZING EXECUTION OF AMENDMENT TO GROUP VISION CARE AGREEMENT WITH VISION SERVICE PLAN." "RESOLUTION NO. 30958 DnTracMINING THAT NEED TO TAKE ACTION AROSE SUBSEQUENT TO AGENDA BEING POSTED." "RESOLUTION NO. 30959 ADOUSTING RENTAL COMPENSATION PAYABLE UNDER LEASE AND PREFERENTIAL ASSIGNMENT AGREEMENT WITH SEA-LAND SERVICE, INC." "RESOLUTION NO. 30960 APPOINTING ROBERT C. MARTINEZ TO THE POSITION OF DEPUTY PORT ATTORNEY I." "RESOLUTION NO. 30961 APPOINTING PATRICIA BARNETT HEILBRON TO THE POSITION OF DEPUTY PORT ATTORNEY III."
September 20, 1988 - 15 - Port Ordinance No. 2837 being, "AN ORDINANCE CORRECTING PUBLICATION OF PORT ORDINANCE NO. 2833 RELATING TO THE ESTABLISHMENT OF PORT OF OAKLAND TARIFF NO. 2A", and Port Ordinance No. 2833 being, "AN ORDINANCE ESTABLISHING PORT OF OAKLAND TARIFF NO. 2A FIXING THE RATES, DOCKAGE, WHARFAGE, TOLLS AND CHARGES FOR
THE PORT FACILITIES OF THE PORT OF OAKLAND AND FOR SERVICES RENDERED BY THE PORT DEPARTMENT; PROVIDING VARIOUS RULES AND REGULATIONS INCIDENTAL THERETO; PROVIDING PENALTIES FOR VIOLATIONS; AND REPEALING AND REPLACING PORT ORDINANCE NO. 964. AND ALL ORDINANCES AMENDATORY THEREOF, AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH", and Port Ordinance No. 2835 being, "AN ORDINANCE AMENDING CERTAIN SECTIONS OF PORT ORDINANCE NO. 867 FIXING THE COMPENSATION OF CERTAIN
POSITIONS IN PORT ATTORNEY S OFFICE," and Port Ordinance No. 2836 being, "AN ORDINANCE AUTHORIZING THE EXECUTION OF MANAGEMENT AGREEMENT WITH MARINE TERMINALS CORPORATION," were read a second time and passed by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Noes: None Absent None Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE
NO. 2534 PROVIDING FOR CONTRIBUTIONS TOWARD THE COST OF GROUP VISION CARE INSURANCE FOR EMPLOYEES OF THE PORT OF OAKLAND," was read a first time and passed to print by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Noes: None Absent None At the hour of 4:50 p.m. the Board entered into closed session as previously announced by President Higgins and reconvened in open session at the hour of 7:55 p.m.
September 20, 1988 - 16 - President Higgins informed the Board that he would ask Commissioner Brady for a motion to reflect the personnel discussion that had taken place during closed session. Commissioner Brady noted that his committee on Port Board and Staff Structure and Organization had earlier in the meeting noted that they would receive proposals from consultants on Tuesday, September 27. He noted that he had solicited the proposed consultants and based on the closed session discussion, he would provide better charges and direction to the proposed consultants. Specifically, the consultant would evaluate the conceptual plan for a Port organization to include a transportation and development arm; and would look at the long-term land use planning, potential to the Port for real estate development in the areas of "high tech", and the quality of the Port s real estate developments. The process would include the involvement of the Executive Director. He further noted that the consultant would be chosen and a report made back to the Board in 60 days. Commissioner Pineda moved Commissioners Brady s statement and the motion was seconded by Commissioner Hunter and passed unanimously. At the hour of 8:03 p.m. the meeting was adjourned in honor of and out of respect to the memory of the late William S. Downing.
fix
Se retary
September 20, 1988 - 17 - REGULAR MEETING CF TUE BOARD CF PORT CCMMISS OF TUE CITY OF OAKLAND The meeting, formal portion, was held on Tuesday, October 4, 1988, at the hour of 4:15 p.m. in the office of the Board, Room 376, 66 Jack London Square, President Higgins presiding, due written notice having been given to the members of the Board. Commissioners present: Brady, Ward Allen, Wasserman and President Higgins - 4 Commissioners absent: Hunter, Pineda and Sweeney - 3 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Chief Engineer; Assistant Chief Engineer; Director of Aviation; Chief Financial Officer; Director of Properties; Director of Public Affairs; and Secretary of the Board. The minutes of the regular meeting of August 16, 1988 and the regular meeting of September 6, 1988 were approved as submitted and ordered filed. Mr. Gerald Serventi, Supervising Civil Engineer, received his 10-year service award, and Mr. Raymond Boyle, Senior Traffic Representative and Traffic Analyst, received his 15-year service award. President Higgins, after discussion, notified the Board that he would not call for a closed session during the meeting. President Higgins noted that Commissioner Brady would report on his Port Board and Staff Structure and Organization Committee at the meeting to be held on October 18, 1988, and that the Port s first quarter budget performance review would be held at the meeting of November 1, 1988. Authorization to Re-advertise for Bids for Installation of Power Factor Corrective Equipment and Dhderfrequency Relays, Phase 7 was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the one bid received for the work and that the bid has been deemed excessive. It was recommended that the bid be rejected and the project be re-advertised for bids to be received November 9, 1988. The recommendation was approved on passage of Resolution No, 30971. Approval to Dispense with Bids for Development of Light Aircraft Parking Apron for Federal Express was the subject of a memo to the Board from the Chief Engineer, notifying the Board that Federal Express has requested the expedited development of an approximate 2.7 acre unpaved area adjacent to their Metroplex Facility into a parking, loading and unloading apron for light aircraft which is needed for the Christmas season. It was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures for the development and construction of the facility in order to meet airport operational needs. It was noted that the construction contract would not be executed until accord has been reached with Federal Express on the final terms of the lease covering payment for the facility. The recommendation was approved on passage of Resolution No. 30972. New License Agreement, Sierra Academy was the subject of a memo to the Board from the Director of Aviation, recommending approval of a new agreement to cover office, shop and paved parking space at Building L-825, North Airport, at a monthly rental of $5,357.94. The space will be used to accommodate the expansion of their aircraft mechanic and aviation sheet metal specialist programs. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously. Plans and Specifications, M-110 Parking Lot Slurry Seal and Striping, South Airport was the subject of a memo to the Board from the Chief Engineer, recomitending their approval and authority to advertise for bids for the improvements to the automobile parking lot at the George P. Miller Aviation Center currently occupied by United Airlines. The project is categorically exempt and an environmental impact report is not required. The recomuendation was approved on passage of Resolution No. 30973,
October 4, 1988 - 2 - Contract .114,1etion, Construction of Sanitary Sewer to Main Parking Lot Office Trailer was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Gallagher Burk, Inc. be accepLed as complete as of August 3, 1988 with a contract price of $21,374.36. The recommendation was approved on passage of Resolution No. 30974. Approval to Change Order to Comply with City of Oakland Requirements on Hegenberger Road for Construction of Water Main Extension on Airport Drive, Doolittle Drive, and Hegenberger Road was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to W. H. Ebert Corporation in the amount of $44,442.90 for additional trenching, backfilling, paving, working hours and traffic control requirements along Hegenberger Road, which were required in areas outside of the Port s jurisdiction for the installation of the water line to serve the Federal Express Metroplex Facility. The recommendation was approved on passage of Resolution No. 30975. Application for State of California Grant for Intermodal Funds for Amtrak Station in Jack London Square was the subject of a memo to the Board from the Director of Properties, notifying the Board that Amtrak would like to relocate their Oakland rail passenger station to Jack London s Waterfront. A location which includes the former Tribune and Kealy warehouses at the intersections of Second Street and Harrison Street and Second Street and Alice Street has been identified as a potential site as it is located on the Southern Pacific main line tracks. The estimated cost of the facility if $3,966.000.00. The Port could finance the project due to the potential availability of funds through the State of California Department of Transportation. The grant funds are specifically available through the Transportation Planning and Development Account Transit Capital Improvement program of the Public Utilities Code for an Intermodal transit facility in connection with Amtrak passenger terminals. The terminal would also accommodate AC Transit buses that already terminate in the
October 4, 1988 - 3 - Jack London s Waterfront area qualifying the Amtrak facility for the Intermodal funds. There would be a local match requirement of approximately $793,200.00 which is 20 percent of the projected project cost, and AC Transit and Amtrak have agreed to investigate the possibility of assisting the Port with funding a portion of the local match. It was recommended that the Port apply for the Transit Capital Improvement money. It was noted that the grant monies would not be available until July 1989, at the earliest. The recommendation was approved on passage of Resolution No. 30976. Award of Contract, Construction of Mboreline Public Access and Guest Berthing at the Boatel, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the four bids received and recommending award of the contract to Seaworks, Inc., the low bidder, at $746,715.06. The recommendation was approved on passage of Resolution No. 30977. Substitution of Landscape Subcontractor for Construction of Public Areas, Part B, Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending approval for Unicon Construction Corporation to substitute Cleveland Landscaping for Bayside Landscaping as Bayside has declined to execute a contract to perform the work. The recommendation was approved on passage of Resolution No. 30978. Assignment of YS Line Rights to Nippon Liner System was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that the Port currently has a Preferential Assignment Agreement with Neptune Orient Lines, Orient Overseas Container Line, and Yamashita-Shinnihon Steamship Company for use of Berth 23 in the Outer Harbor. Recently YS Line and Japan Line agreed to form a new shipping line to handle all of the respective lines container and breakbulk cargo operations world-wide to be known as Nippon Liner System. Japan Line had been calling at the Port of Oakland but, under a major realignment of service patterns, Japan Line entered a Space Charter and Sailing Agreement
October 4, 1988 - 4 - with Evergreen Line and, as a result, moved to San Francisco to operate at the Evergreen Line terminal. Nippon Liner System will replace YS Line as a party to the Federal Maritime Commission approved Sailing Agreement with NOL and OOCL and the three shipping lines will continue to provide the same number of vessels in the service and have the same proportion of container slots as when YS Line was part of the Sailing Agreement. It was recommended that the Board approve the assignment of the rights of YS Line to Nippon Liner System for the Preferential Assignment Agreement covering Berth 23 in the Outer Harbor. The recommendation was approved on passage of Resolution No. 30962. Contract Completion, Redredging of Berths 24 and 37 and the Westerly 300 Feet of Berth 36 was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Smith-Rice Company be accepted as complete as of May 13, 1988 with a contract of $61,899.00. The recommendation was approved on passage of Resolution No. 30979. contract Completion, Demolition of Port-Owned End of Schnitzer Pier No. 2, Inner Harbor was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Great Lakes Dredge Dock Company be accepted as complete as of May 5, 1988 with a contract price of $114,500.00. It was noted that the original lump sum contract price of $115.000.00 has been reduced by $500.00 to reimburse Schnitzer Steel Company for costs incurred as a result of the demolition. The recommendation was approved on passage of Resolution No. 30980. Approval of Change Order for Additional Yard Improvements for the Construction of Yard ?Improvements, Petroleum and Ferry Streets, Cuter Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, reccuutending approval for a change order to O.C. Jones and Sons for an estimated total cost of $80,000.00 to upgrade the pavement in a portion of the Maersk auto parking lot and perform additional grading, paving and related work. The area will be used by Maersk Lines, which has exercised it option to add 10 additional acres to their facility. The recommendation was approved on passage of Resolution No, 30981.
October 4, 1988 - 5 - • • • oval to Mange Order to Dispose of Unsuitable Materials for Demolition of Buildings C-103 C-104, Seventh Street Terminal was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to Evans Brothers, Inc. in the amount of $60.000.00 with a time extension of 35 calendar days. During the course of demolition, various quantities of grain material were discovered in inaccessible areas of the buildings. The contractor removed the material in 200 loads over a period of two months. The recommendation was approved on passage of Resolution No. 30982. Approval to Amend Agreement for Structural Engineering Services in Connection with Construction of Outer Harbor Terminal Crane was the subject of a memo to the Board from the Chief Engineer, notifying the Board of an agreement with T. Y. Lin International for providing the specialized engineering consulting services required to review the calculations and drawings submitted by the manufacturer supplying the two Outer Harbor Terminal cranes. It was recommended that the Board authorize the amount that can be authorized by the Executive Director for additional work from $24,000.00 to $32,000.00. The increase will allow for additional work which includes structural analysis of cranes during sea voyage, stability and structural analysis of cranes due to increased weight of completed design, and review of other submii-Fal p The recommendation was approved on passage of Resolution No. 30983. Plans and Specifications Demolition of Buildings C-226, C-227 and C-229, Outer Harbor Terminal, was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for demolition of the buildings known as the Cotton Warehouse. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 30963.
October 4, 1988 - 6 - Position on Oakland Nuclear Free Zone Initiative was the subject of a memo to the Board from the Executive Director, notifying the Board that an initiative measure has been placed on the November ballot that would place controls on the movement of nuclear materials within Oakland, and would restrict City of Oakland investment in and contracts with businesses and government agencies involved in production of nuclear weapons. If the Initiative were adopted, users of the Port of Oakland would be burdened by excessive regulatory procedures, in addition to those already imposed by other levels of government and the shipping industry. The Port has taken action previously on certain shipments of spent nuclear fuel rods, and the Port s experience with the issue shows the inititive to be detrimental to Port operations. It was recommended that the Board adopt a resolution declaring that the Nuclear Free Zone Initiative on the November 1988 ballot would result in adverse impacts on the ability of the Port to conduct its operations and oppose the passage of that initiative. The recommendation was approved on passage of Resolution No. 30984. Completion of Organizational Development Program for Administration Department was the subject of a memo to the Board from the Director of Administration, notifying the Board of a contract with Dani Perkins and Associates/Xecorp, Inc. to implement the second phase of an Organizational Development Program for managers, key supervisors and certain staff in the unit of Administration. The program, as conceived, did not allow for the extra work required to adequately develop management skills and evaluations of the staff of the Administration unit. It was recommended that the Board ratify the payment of an additional $10,000.00 to the firm for the extra work involved. The recommendation was approved on passage of Resolution No. 30985. Authorization to Utilize GSA Price Agreement with Herman Miller, Inc. was the subject of a memo to the Board from the Director of Administration, notifying the Board of the remodeling of offices at the Airport Business Division
October 4, 1988 - 7 - located in Building M-102 at the South Airport and that it is proposed to utilize the Ethospace System by Herman Miller currently in use in the Finance and Administration offices. It was recommended that the Board dispense with formal biding procedures and authorize the purchase of a Herman Miller modular office system in an amount not to exceed $40,000.00 under the terms and conditions of the Port s existing contract, and their installation at an estimated cost of $10,000.00. The recommendation was approved on passage of Resolution No. 30986. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Nora Doolittle, as Commercial Representative III, effective October 5, 1988, at $2,924.00 per month; Charles W. Edwards, Carpenter, effective October 5, 1988, at $2,598.00 per month. Also recommended was a personal leave of absence for Frank Bowers, Airport Serviceman, for 18 working days; and the termination of Donald Murphy, Commercial Aircraft Fueler, effective October 5, 1988 for cause. The recommendations were approved on passage of Resolution No. 30964 for appointments; Resolution No. 30965 for termination; and Resolution No. 30966 for leave of absence. Travel Authorization contained in a memo to the Board from the Director of Administration recommended the travel of Tom Daniels, Port Principal Engineer and Ralph Gin, Supervising Civil Engineer, to Omaha, Nebraska, on or about September 28, 1988, to meet with officials of the Union Pacific Railroad Company; the travel of the Deputy Executive Director and the General Manager, Marine Terminals, to Seattle and Tacoma, Weshington„ on or about October 5, 1988, to participate in a meeting of the Western States Customs Coalition, and to call on various shipping concerns; and the continued travel of the General Manager, Marine Terminals, to Vancouver, British Columbia, to call on additional shipping concerns; the travel of Lorraine Li, Marine Commercial Representative IV, to Vencouver, British Columbia, on or about October 6, 1988 to attend the annual Western Ca go Conference; the travel of the General Manager, Marine Terminals, to
October 4, 1988 - 8 - Galveston and Houston, Texas, on or about the period October 10 - 14, 1988, to attend the Propeller Club Convention in Galveston, and to meet with officials of the Port of Houston; the travel of the Director of Aviation and the Supervising Transportation Planner, to Minneapolis, Minnesota, on or about October 12, 1988, to meet with officials of Northwest Airlines. The recom- mendation was approved on passage of Resolution No. 30987.
Amendment of Ely-laws was the subject of a memo to the Board from the Secretary of the Board recommending approval to amend the By-Laws of the Board to reflect 3:00 p.m. as the commencement of the formal portion of the Board meeting, or as soon thereafter, in the Office of the Board, Room 376, of the the Port Building. The amendment also corrects certain other sections to reflect the actual practice of the Board and other government requirements. The recommendation was approved on passage of Resolution No. 30967, Commissioner Wasserman reported to the Board that his Development Committee had met prior to the Board meeting and had discussed various ongoing projects of the Port. Cofludssioner Ward Allen reported that her External Affairs Committee had met prior to the Board Meeting and discussed the dredging issue and the Nuclear Free Zone Initiative. The following reports were discussed and ordered filed: Report of Port Attorney on Litigation Matters Status of Construction Contracts in Progress as of September 1988. Status of Consultant Contracts in Progress as of September 1988. Summary of Cash - Port Revenue and COnstruction Funds as of September 23, 1988. Summary of Claims Paid from Various Funds for the Period September 12, 1988 through Sep ember 27, 1988.
October 4, 1988 - 9 The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Ward Allen, Wasserman and President Higgins - 4 Noes: None Absent: Commissioners Hunter, Pineda and Sweeney - 3 "RESOLUTION NO. 30962 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH NEPTUNE ORIENT LINES, LTD., ORIENT OVERSEAS CONTAINER, LTD., NIPPON LINER SYSTEMS, LTD., YAMASHITA-SHINNIHON STEAMSHIP CO., LTD. AND JAPAN LINE, LTD." "RESOLUTION NO. 30963 APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITION OF BUILDINGS C-226, C-227 and C-229, OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30964 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30965 TERMINATING APPOINTMENT OF DONALD MURPHY." "RESOLUTION NO. 30966 RATIFYING GRANTING LEAVE OF ABSENCE TO FRANK BOWERS." "RESOLUTION NO. 30967 AMENDING THE BY-LAWS AND ADMINISTRATIVE RULES OF THE BOARD OF PORT COMMISSIONERS RELATING TO MEETINGS OF THE BOARD." "RESOLUTION NO. 30968 REJECTING CLAIM OF MARTIN DAVILA." "RESOLUTION NO. 30969 AUTHORIZING THE PORT ATTORNEY TO SEIILE OR COMPROMISE CLAIMS, ACTIONS AT LAW OR IN EQUITY OR SPECIAL PROCEEDINGS FOR OR AGAINST THE CITY OR ANY OF ITS OFFICERS AND OTHERWISE TO EXCUTE AGREEMENTS CONNECTED WITH THE PORT ATTORNEY S OFFICE." "RESOLUTION NO. 30970 AUTHORIZING EXECUTION OF AGREEMENT WITH PIEDMONT REALTY ADVISORS."
October 4, 1988 - 10 - "RESOLUTION NO. 30971 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO RE-ADVERTISE FOR BIDS FOR INSTALLATION OF POWER FACTOR CORRECTIVE EQUIPMENT AND UNDERFREQUENCY RELAYS, PHASE 7, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30972 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE A CONTRACT FOR DEVELOPMENT AND CONSTRUCTION OF A LIGHT AIRCRAFT PARKING AREA CONSISTING OF AN APPROXIMATELY 2.7 ACRE UNPAVED AREA ADJACENT TO THE FEDERAL EXPRESS METROPLEX FACILITY, BUILDING M-141 AND TAXIWAY 5, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30973 APPROVING PLANS AND SPECIFICATIONS FOR M-110 PARKING LOT SLURRY SEAL AND STRIPING, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30974 ACCEPTING WORK PERFORMED BY GALLAGHER BURK, INC. AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30975 APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACT FOR CONSTRUCTION OF WATER MAIN EXTENSION ON AIRPORT DRIVE, DOOLITTLE DRIVE AND HEGENBERGER ROAD, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30976 APPROVING AND AUTHORIZING PORT APPLICATION FOR GRANT THROUGH STATE TRANSPORTATION PLANNING AND DEVELOPMENT ACCOUNT TRANSIT CAPITAL IMPROVEMENT PROGRAM FOR INTERMODAL TRANSIT FACILITIES INCLUDING AC TRANSIT FACILITIES AND NEW AMTRAK OAKLAND RAIL PASSENGER STATION IN JACK LONDON SQUARE." "RESOLUTION NO. 30977 AWARDING CONTRACT FOR CONSTRUCTION OF SHORELINE PUBLIC ACCESS AND GUEST BERTHING AT THE BOATEL, JACK LONDON SQUARE, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30978 AUTHORIZING SUBSTITUTION OF LANDSCAPE SUBCONTRACTOR FOR CONSTRUCTION OF PUBLIC AREAS, PART B, JACK LONDON SQUARE, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30979 ACCEPTING WORK PERFORMED BY SMITH-RICE COMPANY, INC. AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION."
October 4, 1988 - 11 - "RESOLUTION NO. 30980 ACCEPTING WORK PERFORMED BY GRANT LAKES DREDGE AND DOOR COMPANY, INC., AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30981 APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACT FOR CONSaRUCTION OF YARD IMPROVEMENTS, PETROLEUM AND FERRY STREETS, OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30982 APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDER, AND GRANTING TIME EXTENSION FOR CONTRACT FOR DEMOLITION OF BUTLDINGS C-103 and C-104, SEVENTH STREET TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30983 APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO INCREASE AMOUNT FOR ADDITIONAL WORK UNDER AGREEMENT BETWEEN THE PORT AND T. Y. LIN INTER" NATIONAL." "RESOLUTION NO. 30984 DECLARING THE BOARD OF PORT COMMISSIONERS° OPPOSITION TO MEASURE T - OAKLAND NUCLEAR FREE ZONE INITIATIVE ON THE NOVEMBER 1988 ELECTION BALLOT." "RESOLUTION NO. 30985 APPROVING ADDITIONAL COMPENSATION UNDER AGREEMENT WITH DANI PERKINS AND ASSOCIATES/XECORP, INCORPORATED." "RESOLUTION NO. 30986 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PROCURE MODULAR OFFICE FURNISHINGS THROUGH A FEDERAL GENERAL SERVICES CONTRACT SCHEDULE PURCHASE." "RESOLUTION NO. 30987 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 30988 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 30989 GRANTING CALIFORNIA ELECTRIC COMPANY PERMISSION TO PERFORM CERTAIN WORK."
October 4, 1988 - 12 - Port Ordinance No. 2838 being, "AN ORDINANCE AMENDING PORT ORDIANCE NO. 2534 PROVIDING FOR CONTRIBUTIONS TCWARD THE COST OF GROUP VISION CARE INSURANCE FOR EMPLOYEES OF THE PORT OF OAKLAND", was read a second time and passed by the following vote: Ayes: Commissioners Brady, Ward Allen, Wasserman and President Higgins - 4 Noes: None Absent: Commissioners Hunter, Pineda and Sweeney - 3 At the hour of 4:50 p.m. the meeting was adjourned on a motion duly made and seconded.
4/.--"447 Secretary
October 4, 1988 - 13 - METING CP THE BOARD OF PORT aN4PIISSIMES OF THE CluTY OF OAKLAND The meeting, formal portion, was held on Tuesday, October 18, 1988, at the hour of 3:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, President Higgins presiding, due written notice having been given to the members of the Board. Commissioners present: Brady, Hunter, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Commissioners absent: Pineda - 1 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Chief Engineer; Assistant Chief Engineer; Chief Financial Officer; Director of Aviation; Director of Administration; Special Assistant to the Executive Director for Trade Relations; and Secretary of the Board. The minutes of the regular meeting of September 20, 1988 were approved as submitted and ordered filed. At the hour of 3:11 p.m. the Board held a public hearing on the Portobello Marina Association s application to perform certain work within the Marina area at 11 Embarcadero West. The proposed dredge and fill would consist of the removal of a wood pile and log debris boom and the removal of a small toilet building from one of the floats. The estimated cost of the work is $10,000.00. The project is categorically exeiupL and an enviromental impact report is not required. There was no further testimony; the report was considered; and the hearing was closed at the hour of 3:12 p.m. As the work is within privately owned property, the Executive Director would approve the Fill Dredge application on the condition that the applicant would obtain all other required approvals and permits. President Higgins informed the Board that he would not call for a closed session during the meeting. He also noted that the Board would review the Port s first quarter budget performance at their meeting to be held on November 1, 1988, and review the Port s strategic financial plan at their meeting to be held on November 15, 1988. License Agreement Renewal - Power-Pac was the subject of a memo to the Board from the Director of Aviation recommending their approval to renew their agreement for a shop, storage, and apron space at building L-812 North Airport, at a new monthly rental of $3,690.00. The space is used for their aircraft repair and engine build-up business. It was noted that the agreement would be for two years with the rent for the second year increased to $5,896.00 The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Termination of License Agreement and Preparation of New License Agreement, Western Aerospace Museum was the subject of a memo to the Board from the Director of Aviation notifying the Board that Western Aerospace Museum occupies space in Building L-825, North Airport, and has requested to relocate its museum from Building L-825 to L-621, North Airport. It was recommended that the Board approve the change in location. The property would be occupied in its "as is" condition with the Port having no maintenance or repair responsibilities. The museum pays no rental. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Property Lease Proposal - East Bay Construction and Remodeling Co. was the subject of a memo the the Board from the Director of Aviation recommending approval of a three-year lease for approximately 5,000 square feet of space in Building L-160 located at 10027-10029 Doolittle Drive. Mr. Ronald Grant, the owner of the firm, will use the space for office and lounge area for staff and for repair and storage of equipment and supplies. The rental would be $1,000.00 per month for thirty-six (36) months and the accomplishment of necessary repairs
October 18, 1988 - 2 - in sixty (60) days to bring the area of the building up to City Building Codes.
It was noted that the building was acquired by the Port in November 1987 in connection with Runway 27 Clear Zone Acquisition Action and is in very poor condition. The recommendation was approved on passage of Resolution No. 30990. Change Order Approval and Contract Completion, Rehabilitation of Foam/Water Sprinkler System, George P. Miller Hangar was the subject of a memo to the Board from the Chief Engineer recommending that the contract with Peregrine West be accepted as complete as of July 17, 1988 with a contract price of $489,327.50 which includes a Change Order in the amount of $79,927.50. The system required extensive refurbishing or replacement of valves and a large amount of overtime labor was required to meet a tenant imposed occupancy deadline. The recommendation was approved on passage of Resolution No. 30991. Jack London Sableascoval was a subject of a memo to the Board from the Director of Properties recommending approval for Larry and Jacqueline Sloan dba Heritage Books, to operate a shop in the Village specialized in ethnic books, art objects, magazines, and African jewelry. The recommendation was approved on passage of Resolution No. 30992. East Bay Group - Lease Option Extension was the subject of a memo to the Board from the Director of Properties notifying the Board of the option agreement with the East Bay Group for the development of a hotel on Embarcadero and 16th Avenue. The developer has received previous extensions and is was recommended that the Board approve a further extension to January 31, 1989, within which time the developer will: pay an additional $5,000.00 per month option payment; remove and dispose of the underground storage tanks on the property at no cost to the Port; secure toxic reports to the satisfaction of the lender and Port; and, complete the building permit application process. It was noted that in addition to the previous $80,000.00 payments to the Port, the developer has expended approximately $130,000.00 for plans, fees and economic studies. The tank removal and toxic reports will cost an additional $20,000.00. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously.
October, 18, 1988 -3- Contract Completion, Paving Embarcadero West Between Washington and Clay Street, Jack London Square was the subject of a memo to the Board from the Chief Engineer recommending that the contract with Gallagher and Burk be accepted as complete as of July 1, 1988, the contractor be assessed $500.00 in liquidated damages for late work, and the contractor be paid $29,138.00 for the work. Included in the recommendation was approval for the deletion of Vickers, saw cutting subcontractor, because they could not perform the work due to schedule conflicts. The recommendation was approved on passage of Resolution No. 30993. Recxxamendation to Extend Port Limited Guarantee to Bankers Trust
Company ("EITCO") to Proposed Interest Rate Protection Agreement Between OPA and Brco was a subject of a memo to the Board from the Director of Properties notifying the Board that Oakland Portside Associates has now negotiated with Banker Trust Co. an interest rate protection agreement which, among other things, caps OPA s interest rate at 12%. BTCo has requested that the Port s $5 million guaranty for the loan also act as collateral for OPA s obligations under the interest rate protection agreement. It was recommended that the Board approve and authorize the necessary documents to reflect the new conditions. The recom- mendation was approved on passage of Resolution No. 31005.
The King interests - Extension of Exclusive Negotiations and Financing Inducement Resolution was a subject of a memo to the Board from the Director of Properties notifying the Board of the exclusive negotiations to develop air cargo distribution facilities in the Port of Oakland Distribution Center. The proposed lease has undergone a number of revisions and substantial agreement has been reached. Additionally it has been determined that additional traffic and air quality studies are required to complete the environmental assessment. In order to offer the most competitively priced facilities to air carriers or freight forwarders, the King Interests are considering financing the project with tax-exempt bonds issued by the Port and secured by their credit, the leasehold
October 18, 1988 - 4 - interest and, if necessary, additional credit enhancements if the market requires. It was recommended that the Exclusive Negotiations period with the King Interest be extended through December 21, 1988 and that the Board pass a Resolution declaring its intent to issue tax-exempt bonds in an amount not to exceed $11,000,000.00 to finance the acquisition and installation of the air cargo distribution facility. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously and on passage of Resolution No. 31008 concerning the tax exempt bonds. Approval to Dispense with Formals Bids, Maintenance Dredge of Berths 25, 32, and 33 was the subject of a memo to the Board from the Chief of Engineer, notifying the Board that the berths at both terminals, located adjacent to each other at the Oakland Outer Harbor, are experiencing a higher than normal rate of siltation. The combination of increased siltation and increased cargo tonnage has caused delays to large cargo ships waiting for higher water. It was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding and execute a contract based on the receipt of informal bids. The project is categorically exempt and an environmental impact report is not required. It was noted that permits for both areas are pending from the U.S. Army Corps of Engineers and a contract will not be awarded until the Port receives the permits. The recommendation was approved on passage of Resolution No. 31006. Joint Golden Gate Ports Association/MaritimeAssociationjMariHme Administration Partici- pation in a COmnunity Cargo Relear4e, System, Phase II was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that the Golden Gate Ports Association and the U.S. Maritime Administration have jointly funded a study to develop a conceptual design and benefit/cost analysis for a Regional Automated Cargo Expenditing and Release System that would interface with the developing U.S. Customs Automated Commercial System for the clearance of cargoes
October 18, 1988 - 5 - moving to inbound destinations. The GGPA has determined that Phase II of the study, which would undertake an indepth survey of the economic viability and degree of community support available for a regional system, is essential to determine if implementation of the plan is justified. It was recommended that the Board approve the participation of the Port in the Phase II funding of the GGPA MARAD project at a cost of $46,000.00 based on the GGPA formula. The recommendation was approved on passage of Resolution No. 30994. Commissioner Brady, as Chair of the Port Board and Staff Structure and Organization Committee, informed the Board that the committee has received several proposals for the proposed study, and he had requested formal proposals from two firms, Kibel Green Inc. and Pete Marwick Main Co. He further noted that both companies submitted good, timely proposals. Based on his review he was prepared to recommend that the firm of Kibel Green be retained for the study at a cost not to exceed $137,500.00. After discussion, Commissioner Sweeney moved his recommendation, the motion was seconded and passed unanimously. It was further noted that the Port Attorney would prepare the contract for the firm.
Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointments of David S. Hayes and Holly Kaufman, as Port Environmental Planner Assistants, effective October 19, 1988, at $2,709.00 per month; Roberto Gomez, as Semiskilled Laborer, effective November 7, 1988, at $2,317.00 per month; Serf in Gonzales, as Semiskilled Laborer, effective October 24, 1988, at $2,317.00 per month; and Kimberley A. Linderme, as Port Personnel Clerk, effective October 19, 1988, at $1,859.00 per month. Also recommended was the amendment of appointment of Nora Doolittle to the position of Commercial Representative III, to reflect a start date of October 24, 1988. Further recommended was approval of the class specifications and examination announcement for the position of Airport Cperations Supervisor; and the termination of employment of Gerald E. Neal, Airport Operations Supervisor, effective October 19,
October 18, 1988 - 6 - 1988, as he is unable to return to work due to a permanent disability. The recommendations were approved on passage of Resolution No. 33995 for appoint- ments; Resolution No. 30996 amending appointment; Resolution No. 30997 concerning position of Airport Operations Supervisor; and Resolution No. 30998 for termination. Travel Authorization contained in a memo to the Board from the Director of Administration recommended the travel of Farris Dawson, Port Field Representative, to Orlando, Florida, on or about the period October 19 - 22, 1988, to attend the Institutional and Municipal Parking Congress seminar; the travel of the Executive Director to Tokyo, Japan, and Seoul, Korea, on or about the period of October 24 - 28, 1988, to visit various shipping lines and the Tokyo office. Commissioner Wasserman asked that the President of the Board be added to the Tokyo, Japan, and Seoul, Korea, portion of the travel to provide continuity from the Board to the Port of Oakland s trade missions. The recommendation was amended to reflect the travel of the President of the Board. The recommendation was approved on passage of Resolution No. 30999. Agreement to Provide Pavement Consulting Services for Port Facilities was the subject of a memo to the Board from the Chief Engineer recommending approval to retain the firm of B. A. Vallerga Inc., to provide evaluation of the Ports pavement at its facilities to accommodate changes in operations, repair of pavement or to contruct new pavement. The firm will be paid a fee not to exceed $50,000.00 unless additional work is authorized by the Executive Director. Each assignment will be individually authorized in writing by the Chief Engineer and be subject to its own lesser maximum. The consultant will be paid at the rate of $110.00 per hour. The recommendation was approved on passage of Resolution No. 31007. Request for Legal Secretarial Support for New Deputy Port Attorneys was the subject of a letter from the Port Attorney recommending approval to add two
October 18, 1988 - 7 - additional Legal Secretaries II positions to the Port Attorney s budget for Fiscal Year 88-89, which will be used to support the two new Deputy Port Attorneys. The recommendation was approved on passage of Resolution No. 31000. Agreement for Removal of Underground Storage Tanks was the subject of a letter to the Board fran the Port Attorney notifying the Board that Hertz Corporation presently occupies certain premises located at No. 1 Airport Drive and has requested to remove three underground storage tanks at its leased premises. In order to more fully protect the Port, an agreement regarding removal of the underground storage tanks providing for indemnification of the Port for any environmental liabilities is appropriate, and it was recommended that the Board authorize the execution of such agreement. The recommendation was approved on passage of Resolution No. 31001. At the hour of 3:30 p.m. Commissioner Sweeney was excused from the meeting. The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of October 7, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the month of September 1988. Accounts in Arrears as of September, 30 1988. Delinquent Accounts Referred to Legal Reported as of September 30, 1988. Summary of Claims Paid from Various Funds for the Period September 28, 1988 through October 11, 1988.
The following resolutions were introduced and passed separately by the following vote;
Ayes: Commissioners Brady, Hunter, Ward Allen, Wasserman and President Higgins - 5 Noes: None Absent: Commissioners Pineda and Sweeney - 2
October 18, 1988 - 8 - "RESOLUTION NO. 30990 AUTHORIZING PREPARATION OF LICENSE AGREEMENT AND INTERIM LEASE WITH EAST BAY CONSTRUCTION AND REMODELING CO." "RESOLUTION NO. 30991 ACCEPTING WORK PERFORMED BY PEREGRINE WEST AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30992 CONSENTING TO SUBLEASE BY OAKLAND VILLAGE CORPORATION TO JACQUELINE A. SLOAN AND LARRY D. SLOAN." "RESOLUTION NO. 30993 ACCEPTING VCORK PERFORMED BY GALLAGHER AND BURK, AUTHORIZING SUBSTITUTION OF A SUBCONTRACTOR, ASSESSING LIQUIDATED DAMAGES AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 30994 APPROVING AND AUTHORIZING PAYMENT OF CONTRIBUTION TO THE GOLDEN GATE PORTS ASSOCIATION TOWARDS FUNDING OF PHASE II OF THE COMMUNITY CARGO RELEASE SYSTEM STUDY." "RESOLUTION NO. 30995 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30996 AMENDING RESOLUTION NO. 30964 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 30997 APPROVING JOB SPECIFICATION AND EXAMINATION ANNOUNCEMENT FOR THE POSITION OF AIRPORT OPERATIONS SUPERVISOR." "RESOLUTION NO. 30998 TERMINATING APPORTMENT OF GERALD E. NEAL." "RESOLUTION NO. 30999 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 31000
AUTHORIZING EXPENDITURES FOR TWO (2) LEGAL SECRETARY POSITIONS." "RESOLUTION NO. 31001 AUTHORIZING EXECUTION OF AGREEMENT FOR THE REMOVAL OF UNDERGROUND STORAGE TANKS."
October 18, 1988 - 9 - "RESOLUTION NO. 31002 AUTHORIZING EXECUTION OF AGREEMENT WITH DELOurrs HASKINS SEUS." "RESOLUTION NO. 31003 GRANTING AM/PM SERVICE CO. PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 31004 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 31005 APPROVING AND AUTHORIZING THE EXECUTION OF DOCUMENTS TO EXTEND THE PORT S EXISTING LIMITED GUARANTEE OF THE BANKERS TRUST COMPANY LOAN TO OAKLAND PORTSIDE ASSOCIATES TO THE PROPOSED INTEREST RATE PROTECTION AGREEMENT BETWEEN BANKERS TRUST COMPANY AND OAKLAND PCRTSIDE ASSOCIATES." "RESOLUTION NO 31006 FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF THE PORT TO ACCOMPLISH DREDGING OF BERTHS 25, 32 AND 33 IN THE OUTER HARBOR WITHOUT COMPETITIVE BIDDING, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A CONTRACT FOR SUCH DREDGING BASED ON RECEIPT OF INFORMAL BIDS." "RESOLUTION NO. 31007 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH B. A. VALLERGA, INC. FOR CONSULTING SERVICES CONSITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 31008 OF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAND, STATE OF CALIFORNIA, DECLARING THE INTENTION OF THE BOARD TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS IN AN AMOUNT PRESENTLY ESTIMATED NOT TO EXCEED $11,000,000 TO FINANCE THE ACQUISITION AND INSTALLATION OF AN AIR CARGO DISTRIBUTION FACILITY AND RELATED EQUIPMENT TO BE LEASED TO THE KING INTEREST DEVELOPMENT, INC., AND AUTHORIZING THE PUBLICATION OF A NOTICE REGARDING A PUBLIC HEARING CONCERNING THE ISSUANCE OF SUCH BONDS." Port Ordinance No. 2834 being, "AN ORDINANCE AUTHORIZING THE EXECUTION OF TERMINAL USE AGREEMENT WITH COMPAGNIE MARITIME BELGE," was read a second time and passed by the following vote: Ayes: Commissioners Brady, Hunter, Ward Allen, Wasserman and President Higgins - 5 Noes: None Absent: Commissioners Pineda and Sweeney - 2
October 18, 1988 - 10 - Port Ordinance No. being, "AN ORDINANCE ESTABLISHING A
RELOCATION PROGRAM FOR CERTAIN PROSPECTIVE AND NEWLY SELECTED EMPLOYEES OF THE PORT OF OAKLAND," and Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH KAISERAIR, INC., AND DIRECTING RECORDATION THEREOF," were read a first time and passed to print by the following vote: Ayes: Commissioners Brady, Hunter, Ward Allen, Wasserman and President Higgins - 5 Noes: None Absent: Commissioners Pineda and Sweeney - 2 At the hour of 3:35 p.m. the meeting was adjourned on a motion duly made and seconded.
October 18, 1988 - 11 - U .NO V •411 , CC11441SS
CIF THE
CITY OF OAKLAND
The meeting, formal portion, was held on Tuesday, November 1, 1988, at the hour of 4:00 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Higgins presiding, due written notice having been given to members of the Board. An informal portion was held during the period from 3:00 p.m. to 4:00 p.m. during which time the Board reviewed the Port s first quarter budget performance. Commissioners present: Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Commissioners absent: Brady - 1 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Chief Engineer; Chief Financial Officer; Director of Properties; Director of Aviation; Director of Administration; Special Assistant to the Executive Director for Trade Relations; Director of Public Affairs; Commercial Representative, William West; and Secretary of the Board. President Higgins informed the Board that he would call for a closed session at the conclusion of the open session for the purposes of discussing: 1. Pending litigation as provided for under Government Code Section 54956.9 (b) and (c). President Higgins made a brief report on the recent Tokyo, Seoul trip which, he concluded, was well received by the companies called on. Commissioner Carole Ward Allen, Chair of the External Affairs Committee, notified the Board that the committee reviewed the dredging status report and an update on the Port s billboards. Commissioner Wasserman, Chair of the Development Committee,
notified the Board that the committee reviewed several on going development projects during its meeting. Commissioner Pineda, member of the Port Board and Staff Structure and Organization Committee, asked for a full disclosure on any work that the recently retained consulting firm of Kibel, Green Inc., or its subcontractor, Edward Blakely, did for Doric Developuent, or work they had performed previously concerning the Biotech industry. She further noted that she was not aware that the firm had performed work for Harbor Bay Isle Associates or Doric Development, President Higgins noted that the Kibel, Green firm had listed Doric Development on their proposal and a full disclosure would be provided for the Board s review. Award of Contract, Overlay of Aircraft Apron, Miller Aviation Center,
South Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the six bids received and recommending award of the contract to Gallagher Burk, Inc., the low bidder, at $595,936,00. The recommendation was approved on passage of Resolution No. 31009. Approval to Advertise for Submission of Onalifications for Construction of Aircraft Passenger Loading Bridges was the subject of a memo to the Board from the Chief Engineer, recommending approval to advertise for interested firms to submit their qualifications for evaluation and selection for the construction and installation of five new passenger loading bridges. It was noted that it is in the Port s best interest to limit the firms submitting proposals on the bridges to those which have the necessary engineering capability and recent experience in the design and construction of modern aircraft passenger loading bridges. The FAA, which is partially funding the project, has approved the proposed process of advertising for submission of qualifications and soliciting proposals from only those firms which are determined to be qualified. The recommendation was approved on passage of Resolution No. 31010.
November 1, 1988 - 2 - Award of Contract, M-110 Parking Lot Slurry Seal and Striping, South Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the three bids received and recommending award of the contract to American Asphalt Repair Resurfacing Co., Inc., the low bidder, at $33,632.00. The recommendation was approved on passage of Resolution No. 31011. The Boatel, Inc. Lease, First Supplemental and Foundation Permit Approval was the subject of a memo to the Board from the Director of Properties, notifying the Board of the lease between the Port and The Boatel, Inc. which was effective September 1, 1987. During the planning of the expansion certain design and other changes were included and it was recommended that the Board approve the following lease modifications: 1) Construction would commence December 1, 1988 and completion would be February 1, 1990; 2) The increase in minimum rental would be delayed from August 31, 1989 to February 1, 1990 or completion, whichever is earlier; 3) The percentage rental for rooms is shortened to provide for percentages to start in year three if the gross income reaches $3 million dollars; and 4) The retail component would be changed to reflect design changes. Also included are certain access and utility easements and lender protection provisions as requested by the probable lender, Wells Fargo. Also recommended was approval of building permit application for site clearing, placement of below grade utility lines, placement of pilings, grade beams, concrete slabs, framing of first and second floors and site paving. Other permit applications will be submitted at a later date. It was noted that the design proposal is in substantial conformance with the conceptual drawings approved by the Board and with the Jack London Square Urban Design Study and Develojutent Guidelines. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 31012.
November 1, 1988 - 3 - Northern California Marine Association, Use Permit was the subject of a memo to the Board from the Director of Properties, notifying the Board of the Northern California Marine Association which is a trade group comprised of manufacturers, retailers and distributors of marine products and services. Two of the major functions of the organization are a winter and fall boat show and NCMA has requested that their fall show be relocated to the Union Point Basin for 1989. The proposed conditions of the agreement are a term of four years; the premises would contain approximately five acres of land and five acres of water; the water area would contain approximately 110 Port of Oakland boat slips and any berthers would be reimbursed by NCMA for prorated portion of the rent; NCMA would have the option to attach portable berths to the Port berths, and place tents and temporary fencing as needed. The Port would cooperate with the NCMA by providing at least one of the Port billboards as a means of advertisement for the boat show. There would be no rental payment for the use of the site for the boat show and NCMA would provide a refundable $10,000.00 performance deposit. The proposed agreement also contains the Port s standard provisions and certain marine oriented incentives. It was recommended that the Board approve a 90-day period of exclusive negotiation with the Northern California Marine Association for an agreement to allow a boat show in the Union Point Basin Marina. The recom- mendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Plans and Specifications for Installation of Security System, Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for installing a security camera system in the public areas including inside the two parking structures, and constructing a central security office including camera monitoring and control equipment, radio communication equipment and intercom ccautunication control equipment. It was noted that the plans are of a sensitive nature and a $1,000.00 bid document deposit will be required from prospective bidders. The recommendation was approved on passage of Resolution No. 31031.
November 1, 1988 - 4 - Building Permit Application, Oakland Portside Associates, Port Office Building was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of the tenant improvements to the Port leased portions of 95 Jack London Square which will be occupied by the Port staff. The work includes nonload-bearing walls, wall finishes, floor and ceiling surfaces and finishes, lighting, HVAC and all work necessary to prepare the space for occupancy. The estimated cost of the proposed project is $4.2 million. This portion of the project is categorically exempt and an environmental impact report is not required. The recculmendation was approved on passage of Resolution No.
31032. Substitution of Reinforcing Steel Subcontractor for Construction of Parking Structure on Lot 10, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the contract with Perini Corporation and recommending that Perini be allowed to substitute Alamillo Reinforcing Steel Corporation as a listed subcontractor for Sierra Steel of California to perform the reinforcing steel work as Sierra is unable to provide appropriate bonds. The recommendation was approved on passage of Resolution No. 31013. AgreeMent to Provide prnfenional Services for the Prepartion ofa Tentative Subdivision Map Oakland Side of Tidal Canal was the subject of a memo to the Board from the Chief Engineer, notifying the Board that when the U.S. Army constructed the Tidal Canal at the easterly end of the Estuary, it retained ownership of certain land along the shoreline on both the Oakland and Alameda sides. The Army has decided to surplus these shoreline properties to their respective municipal jurisdictions. In order to further negotiations, it is necessary to identify the parcels and their boundaries, and to prepare Tentative Subdivision Maps. It was recommended that the Board approve a proposed agreement with Mr. William B. Kirkland, Jr., a professional engineer acting as a subcontractor
November 1, 1988 - 5 - to JTA, Inc. Engineers-Planners, to perform the services. Mr. Kirkland will be paid a fixed price of $19,500.00 plus an estimated $2,000.00 to cover cost of photographs, reproduction and attendance at hearings. Certain additional work will be available at the discretion of the Executive Director. The recommdation was approved on passage of Resolution No. 31014. Approval to Dispense with Bids, Construction of Temporary Parking Lot, Former Gallagher s Restaurant Site, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the original Elegant Farmer lease was assigned to Oakland Portside Associates and a first supplemental agreement provided for the demolition of the building and the abatement of minimum rent. As there will be a need for additional close-in auxiliary parking for the Christmas season, and New York Life will be occupying the Water Street II building in early January requiring appropriate parking, it was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures and construct temporary paving, lighting and minimal landscaping at the site. The estimated cost of the parking facility would be $50,000.00. The recommendation was approved on passage of Resolution No, 31015. Oakland Portside Associates, Water Street I, Lease Line Amenanent was the subject of a memo to the Board from the Director of Properties, recommending approval to amend the lease descripLion to accommodate a minor variation between the existing lease description and the actual building pad of Water Street I which is adjacent to Scott s restaurant. The recomendation was approved on passage of an ordinance to print. Edgar Buttner, Sublease Approval was the subject of a memo to the Board from the Director of Properties, notifying the Board that Edgar M. Buttner has a long-term ground lease with the Port covering a 1.8 acre site at 7729-31 Oakport Street at Roland Way in the Oakland Airport Business Park, Mr. Buttner has
November 1, 1988 - 6 - requested the Board approve a sublease to "Personally Yours" for 6,270 sf of the building. The firm will use the building for garment lettering of sports apparel and general office uses. The recommendation was approved on passage of Resolution No. 31016. East Bay Group, Execution of Third Supplemental Agreement was the subject of a memo to the Board from the Director of Properties, notifying the Board of the proposed hotel developuent time extension and recommending approval of the third supplemental agreement which provides clarification of the responsibilities of the parties involved, with regard to the removal of certain underground tanks during the option period at the proposed location for the new hotel. The recommendation was approved on passage of Resolution No. 31033. United Parcel Service, License Agreement and Right of Entry was the subject of a memo to the Board from the Director of Properties, notifying the Board of the UPS facility in the Oakland Airport Business Park and that UPS will require truck and car parking to accommodate the Christmas traffic. It was reconauended that the Board approve of a license agreement covering 130,000 sf of Port-owned land at Pardee and Swan Way at a monthly rental of $8,667.00 for a two- month period. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Consultant Agreement in Connection with Upland Disposal of Dredged Materials, Inner Harbor Channel was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the enjoined dredging project and that the most favorable alternative is to use the dredged materials for reinforcement of levees in the San Francisco-San Joaquin Delta. Consultant services are required to provide assurance to the State of California Central Valley Regional Water Quality Control Board that the material can be placed without unacceptable effects on Delta water quality. It was recommended that the Board approve an agreement with Harding-Lawson Associates, with Mr. Frank Boerger as principal
November 1, 1988 - 7 - consultant, to perform the services. The work includes sampling and laboratory analysis of sediments to be dredged, as well as in-place levee sediments; ground water analyses on the Delta islands; geotechnical analysis of in-place levee materials and materials to be dredged; technical consultation and advice; and contact with regulatory officials and with Delta island property owners and Reclamation District officials on behalf of the Port. The firm will be paid a maximum compensation of $260,000.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 31017. Contract Completion, Replacement of Berth 82 Sprinkler Heads, Ninth
Avenue Terminal contained in a memo to the Board from the Chief Engineer, recommending that the contract with Grinnell Fire Protection Systems Company, Inc. be accepted as complete as of September 2, 1988, with a contract price of $31,115.00. The recommendation was approved on passage of Resolution No. 31034. Authorization to Dispense with Bids for Purchasing a Crane Control Simulator for Training Purposes was the subject of a memo to the Board from the Chief Engineer, recommending approval to purchase a crane control simulator on the open market. The simulator is a full-scale model of the crane electrical control system where mechanics can train without affecting actual crane operations. The simulator will provide hands-on training for tenant electricians and provide a built-in store of electrical spare parts. The estimated cost of the simulator is $35,000.00. The recomendation was approved on passage of Resolution No. 31018. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Jack N. DeFilippis, as Marine Commercial Representative V, effective November 2, 1988, at $3,950.00 per month; Kathleen R. Grady, as Port Environmental Planner Assistant, effective December 5, 1988, at $2,709.00 per month; Lawrence W. Cain, as Port Equipment Service Worker,
November 1, 1988 - 8 - effective November 2, 1988, at $2,010.00 per month; Sandra K. Isganitis, as Senior Engineering Assistant, part-time, effective November 2, 1988, at $17.54 per hour. Also recommended was an amendment to the appointment of Holly Kaufman to the position of Port Environmental Planner Assistant, to reflect December 5, 1988, as her start date. Further recommended was the approval of the examination announcement for the position of Associate Port Strategic Planner. Additionally recommended was a medical leave of absence for Lee E. Aikens, Youth Aide Class "B", for 37 working days; and a personal leave of absence for Tommie Sashington, Airport Serviceman, for 31 working days. The recommendations were approved on passage of Resolution No. 31019 for appointments; Resolution No. 31020 for amending resolution; Resolution No. 31021 for examination announcements; and Resolution No. 31022 for leaves of absence. Travel Authorization contained in a memo to the Board from the Director of Administration recommended approval for the travel of the Chief Financial Officer, and Port Field Auditor to Lake Tahoe, Nevada, on or about the period November 3 - 6, 1988, to attend the annual convention of the Association of Water Transportation Accounting Officers; the travel of the Director of Aviation, to Dallas-Fort Worth, Texas, on or about the period November 4 - 6, 1988, to meet with certain airline officials; the travel of Carl J. Knecht, Jr., Marine Con ercial Representative V, to Atlanta, Georgia; Memphis, Tennessee; and Dallas, Texas, on or about the period November 13 - 18, 1988, to meet with frozen poultry exporters and cotton exporters; the travel of Dean Luckhart, Port Environmental Planner Associate, to Zeeland, Michigan, on or about the period November 9 - 11, 1988, to meet with the Herman Miller, Inc. Company; the travel of the Chief Engineer, to Baltimore, Maryland, on or about the period November 13 - 16, 1988 to attend the International Maritime Organization s Seminar on Environmental Impact Assessment of Port Development. The recoiiuuendation was approved on passage of Resolution No. 31023.
November 1, 1988 - 9 - Consultant Agreement for Study of Port Caumunications was the subject of a memo to the Board from the Chief Engineer, notifying the Board that as part of the relocation to the new office space, a new telephone system needs to be specified. As part of the telephone study, it became apparent that an overall Port communications study was desirable. It was recommended that the Board approve an agreement for these services with Brandon Intersciences, Inc. to investigate the effectiveness of the methods of Port internal and external communications. The firm will be paid a maximum of $42,400.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 31024. Authorization to Dispense Formal Bidding for Purchase of Cne Sweeper and One Tractor was the subject of a memo to the Board from Director of Administration, recommending approval to purchase one Tennant sweeper model 365 from the Tennant Company, at a cost not to exceed $21,080.00, and purchase one John Deere tractor model 2755 from Valley Tractor, at a cost not to exceed $27,945.00. It was noted that the equipment has been at the Airport on a lease basis as the original units could no longer be maintained. The recommendation was approved on passage of Resolution No. 31035. The following reports were discussed and ordered filed: Report of Port Attorney on Litigation Matters Status of Construction Contracts in Progress as of October 1988. Status of Consultant Contracts in Progress as of October 1988. Summary of Cash - Port Revenue and Construction Funds as of October 21, 1988. Summary of Claims Paid from Various Funds for the Period October 12, 1988 through October 21, 1988.
November 1, 1988 - 10 - The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent: Brady - 1 "RESOLUTION NO. 31009 AWARDING CONTRACT TO GALLAGHER BURK, INC., FOR OVERLAY OF AIRCRAFT APRON, MILLER AVIATION CENTER (BUILDING M-110), SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 31010 AUTHORIZING THE EXECUTIVE DIRECTOR TO ADVERTISE FOR SUBMISSION OF QUALIFICATIONS TO MANUFACTURE AND INSTALL PASSENGER LOADING BRIDGES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT." "RESOLUTION NO. 31011
AWARDING CONTRACT TO AMERICAN ASPHALT REPAIR RESURFACING CO., INC., FOR M-110 PARKING LOT SLURRY SEAL AND STRIPING, SOUTH FIELD, METROPOLITAN OAKLAND, INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS ¶10 BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 31012 APPROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT TO LEASE WITH THE BOATEL, INC., AND GRANTING PERMIT TO THE BORTPL, INC. FOR FOUNDATION AND RELATED WORK." "RESOLUTION NO. 31013 AUTHORIZING SUBSTITUTION OF REINFORCING STEEL SUBCONTRACTOR FOR CONSMUCTION OF PARKING STRUCTURE ON LOT 10, JACK LONDON SQUARE, OAKLAND, CALIFORNIA." "RESOLUTION NO. 31014 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH JTA, INC., ENGINEERS-PLANNERS FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 31015 FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF THE PORT TO CONTRACT FOR CONSTRUCTION OF TEMPORARY PARKING FACILITIES IN JACK LONDONG SQUARE, WITHOUT COMPETITIVE BIDDING, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO CONTRACT IN THE OPEN MARKET FOR SUCH WORK."
November 1, 1988 - 11 - "RESOLUTION NO. 31016 GRANTING PERMISSION TO EDGAR M. BUTTNER TO SUBLET PREMISES." "RESOLUTION NO. 31017 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH HARDING-LAWSON ASSOCIATES FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 31018 FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF THE PORT TO PURCHASE A CRANE CONTROL SIMULATOR WITHOUT COMPETITIVE BIDDING AND AUTHORIZING THE PROCUREMENT THEREOF." "RESOLUTION NO. 31019 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 31020 AMENDING RESOLUTION NO. 30995 CONCERNING CERTAIN APPOINTMENTS. "RESOLUTION NO. 31021 APPROVING EXAMINATION ANNOUNCEMENT FOR THE POSITION OF ASSOCIATE PORT STRATEGIC PLANNER." "RESOLUTION NO. 31022 CONCERNING CERTAIN LEAVES OF ABSENCE." "RESOLUTION NO. 31023 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 31024 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH BRANDON INTERSCIENCE, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 31025 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENT WITH RUSSELL LAMM DBA LAMM ASSOCIATES." "RESOLUTION NO. 31026
AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH RAININ INVESTMENTS, INC." "RESOLUTION NO. 31027 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH WESTATES AIRLINES, INC."
November 1, 1988 - 12 - "RESCLUnON NO. 31028 AUTHORIZING EXECUTION OF SECOND SUPPLEMENTAL AGREEMENT WITH WESTATES AIRLINES, INC." "RESOLUTION NO. 31029 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH KIBEL, GREEN INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 31030 AUTHORIZING EXECUTION OF SEVENTH SUPPLEMENTAL AGREEMENT WITH MARCONI, INC., AND DIRECTING RECORDATION THEREOF." "RESOLUTION NO. 31031 APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF SECURITY SYSTEM, JACK LONDON SQUARE, OAKLAND, CALIFORNIA, AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 31032 GRANTING OAKLAND PORTSIDE ASSOCIATES PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 31033 AUTHORIZING EXECUTION FO THIRD SUPPLEMENTAL AGREEMENT WITH EAST BAY GROUP AND DIRECTING RECORDATION THEREOF." "RESOLUTION NO. 31034 ACCEPTING WORK PERFORMED BY GRINNELL FIRE PROTECTION SYSTEMS COMPANY." "RESOLUTION NO. 31035 FINDING AND DETERMINING THAT IT IS IN THE BEST INTERESTS OF THE PORT TO WAIVE COMPETITIVE BIDDING AND TO AUTHORIZE THE EXECUTIVE DIRECTOR TO PURCHASE ONE GAS POWERED SWEEPER AND ONE 75 HORSEPOWER TRACTOR." Port Ordinance No. 2839 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH KAISERAIR, INC., AND DIRECTING RECORDATION THEREOF," and Port Ordinance No. 2840 being, "AN ORDINANCE ESTABLISHING A RELOCATION PROGRAM FOR CERTAIN PROSPECTIVE AND NEWLY SELECTED EMPLOYEES OF THE PORT OF OAKLAND," were read a second time and passed by the following vote:
November 1, 1988 - 13 - Ayes: Commissioners Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent: Brady - 1 Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A SECOND SUPPLEMENTAL AGREEMENT TO LEASE WITH OAKLAND PCRTSIDE ASSOCIATES (SCOTT S BLOCK LEASE)," was read a first time and passed to print by the following vote: Ayes: Commissioners Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent: Brady - 1 At the hour of 4:17 p.m. the Board entered into closed session as previously announced by President Higgins and reconvened in open session at the hour of 4:40 p.m. Ms. Diana Doughtie, Staff Representative, United Public Employees Local 790, appeared before the Board to ask for a further commitment to investigate the potential for child care facilities at the Port. She noted that the original request in February, 1987, had not produced a positive effort due to space limitation, cost, potential liability and other major concerns. She further noted that the Port employees would be more conscious of any efforts to provide some form of child care. President Higgins received the comments under advice of staff and referred the issue to the Finance and Administration Committee for continued review. At the hour of 5:03 p.m. the meeting was adjourned on a motion duly made and seconded.
Secretary
November 1, 1988 - 14 - REGULAR MINUTES CF THE BOARD OF PORT CUMMISSIONERS OF THE
CITY OF OAKLAND The meeting, formal portion, was held on Tuesday, November 15, 1988, at the hour of 4:20 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Higgins presiding, due written notice having been given to members of the Board. An informal, portion was held during the period from 3:10 p.m. to 4:15 p.m. during which time the Board reviewed a study of the Port s strategic financial plan. Commissioners present: Brady, Hunter, Pineda, Ward Allen, and President Higgins - 5 Commissioners absent: Sweeney and Wasserman - 2 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Assistant Chief Engineer; Chief Financial Officer; Director of Aviation; Director of Administration; Senior Couutercial Representative; Director of Public Affairs; and Secretary of the Board. The minutes of the regular meeting of October 4, 1988, and the regular meeting of October 18, 1988, were approved as submitted and ordered filed. The Board was introduced to Mr. O. Ichinose from the Port of Yokohama, and Mr. F. Iriguchi from the Port of Hakata, both of whom are participating in an exchange program at the Port. President Higgins informed the Board that he would call for a closed session at the conclusion of the open session for the purpose of discussing: 1. Pending litigation as provided for under Government Code Section 54956.9 (b) and (c). Commissioner Brady, Chair of the Finance and Administration Committee, made a brief report on the activities of his conatittee. Commissioner Hunter, member of the Transportation Committee, noted that the Board would receive a briefing on the intermodal interface study recently concluded, at the meeting to be held on December 6, 1988. Commissioner Brady, Chair of the Port Board and Staff Structure and Organization Committee, noted that the preliminary report from the consultant Kibel and Green, Inc. would be presented to the Board at their meeting of December 20, 1988. President Higgins noted that Measure U, the Port s Modern Financing measure, passed handily at the election and the result would allow the Port to save considerable money on its financing program. Adjustment in Airport Parking Lot Fees was the subject of a memo to the Board from the Director of Aviation, notifying the Board that patrons at the Airport are continuing to misuse the short-term parking lot by parking for extended periods. The lot should be turning over about five times a day, when in fact it is turning over only twice a day. It was recommended that the maximum daily fee for short-term parking lot be increased from $10.00 to $15.00 per day effective January 1, 1989. The recommendation was approved on an ordinance passed to print. Lease with Federal Express for Light Aircraft Apron was the subject of a memo to the Board from the Director of Aviation, notifying the Board of the area occupied by Federal Express and that agreement has been reached with Federal Express to lease approximately 117,156 sf of the right of first refusal area for a light aircraft apron. The basic terms of the agreement include a term of five years commencing on or about December 15, 1988; the Port would construct the aircraft apron in accordance with plans reviewed by them which would be completed by December 15, 1988; the monthly rental would be $15,620.80; the apron would be used for air cargo operation and for uses incidental thereto; Federal Express would provide a performance deposit in the amount of $8,300.00 on or
November 15, 1988 - 2 - before December 1, 1988. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously for preparation of a new lease document, and on passage of Resolution No. 31049 for an interim license agreement. Interim License and New Lease with CF Air Freight for Building BE-132 was the subject of a memo to the Board from the Director of Aviation, recom- mending approval for CF Air Freight Inc. to lease the former Clorox hangar to expand their air cargo operation at Oakland Airport. The basic terms of the lease include: premises of 2.97 acres of ground improved with an apron and a 17,280 sf hangar including office; the term of the lease would be ten years commencing on June 1, 1989; the gross monthly rental would be $23,328.00; to convert the hangar to cargo use, CF would make certain Port approved improvements in the approximate amount of $333,000.00 for which it would receive rental credits in the approximate amount of $275,000.00 prorated monthly over the first five years of the lease term; CF would provide a performace deposit in the amount of $69,984.00 prior to February 1, 1989 and take the premises in an "as is" condition; the lease would contain all the other standard Port provisions. To allow for the construction of the inprovement, it was also recommended that the Board approve an interim license agreement commencing on or about February 1, 1989 and expiring on the earlier date of completion of the improvements or May 31, 1989. The monthly rental would be $11,664.00. The recommendation was approved on a motion by Ccuudssioner Hunter, seconded and passed unanimously and on passage of Resolution No. 31036 for interim license agreement. Approval to Dispense with Bids for Repair of Floor, Hangar 6, North Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board that Alaska Airlines intends to enter into a ten-year lease with a ten-year renewal on Hangar 6, North Airport, which would be used for maintenance on their aircraft. One of the major repairs Alaska has identified as being required before significant aircraft maintenance operations can begin is the
November 15, 1988 - 3 - correction of a hangar floor problem. Alaska s insurance carrier is concerned about the potential hazards associated with fuel or other liquids which could collect in the low areas in the event of a fuel or liquid spill or the acti- vation of the hangar deluge fire fighting system. In order to correct the floor drainage problems by January 1, 1989, the date Alaska desires to move into the hangar, it was recommended that the Board find it to be in the best interest of the Port to dispense with bids and accomplish the work based on receipt of informal quotations. The recommendation was approved on passage of Resolution No. 31050. Approval to Dispense with Bids for Construction of Aircraft Washing Facility, and for Procurement of Related Equipment, Miller Aviation Center, South Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board that United Airlines has requested that the construction of an aircraft washing facility the Port agreed to supply at the Center be expedited. The facility is needed to support their new contract for maintenance work on the U.S. Air Force s KC-10 fleet commencing March 1989. In order for this facility to be operational in time for United Airlines contract with the U.S. Air Force, it was recommended that the Board find it to be in the best interest of the Port to dispense with formal bidding procedures and accomplish the work based on the receipt of informal bids for the construction of the washing facility and for the procurement of the related equipment. The recommendation was approved on passage of Resolution No. 31051. President Higgins asked for an informal report on the two items concerned with informal bidding procedure. Rejection of Bid, Recoating of Ticketing Building M-101 Roof was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the one bid received, and that the bidder, Industrial Roofing Company, Inc. is unable to acquire the $5,000.000.00 liability insurance required by the
November 15, 1988 - 4 - specifications. It was recommended that the bid be rejected and the bid security be returned to the bidder. It was noted that the project would be rebid in the Spring. The recommendation was approved on passage of Resolution No. 31052.
Contract Completion, Reroofing of Building L-8l2, North Airport, was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with A-Plus Roofing, Inc. be accepted as complete as of September 16, 1988 with a contract price of $78,539.99. The recommendation was approved on passage of Resolution No. 31053. License Agreement Renewal, Artisan Manufacuring Company was the subject of a memo to the Board from the Director of Aviation, reconuending approval to renew their agreement for shop and paved land on the North Airport, used for the manufacture and repair of aircraft parts and equipment at a new monthly rental of $920.16. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Supplement to License Agreement, Sierra Academy of Aeronautics, Inc. was the subject of a memo to the Board from the Director of Aviation, recolit- mending approval to add office and parking to their agreement covering Building L-825, North Airport, at a new monthly rental of $7,690.14. The area will be used for the expansion of their aircraft mechanics program. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Increase in South Airport Tenant Eqployee Auto Parking Fee was the subject of a memo to the Board from the Director of Aviation, notifying the Board that the cost of operating the 600 car parking lot and associated shuttle service provided for employees working at the South Airport air carrier passenger and cargo complex, exceeds the monthly parking fee revenues received. It was recommended the monthly parking fee be increased from $5.00 to $10.00 which would make the operation self-sufficient. The recommendation was approved on an ordinance passed to print.
November 15, 1988 - 5 - Recommendation for First Reading of Ordinance Approving Lease Option Agreement with Marriott Corporation for Marriott Courtyard Hotel, and for Resolution Approving Conceptual Design and Hotel Name was the subject of a memo to the Board from the Director of Properties, notifying the Board that negotiations between the Port and the Marriott Corporation have progressed on a proposed Marriott Courtyard hotel facility to be constructed at 265 Hegenberger Road in the Oakland Airport Business Park, and it was recommended that the Board approve the lease option and terms of the lease. The basic terms of the lease option agreement include an option fee of $13,600.00 with a term of 16 months. During the first 6 months Marriott would complete a surface, subsurface and groundwater inspection and testing program for the real estate and con tilete a marketing feasibility study for the hotel, with both studies becoming the property of the Port. If Marriott either exercises or elects to terminate the option during the first 12 months, the option fee would be refunded. If Marriott does not timely complete the study, the option terminates. In the event Marriott does not exercise the option within the first 12 months, and Marriott desires the option to continue, than a prorated portion of the $13,600.00 option is nonrefundable. It was noted that Marriott intends to apply for a building permit during the option period. The basic provisions of the proposed lease include premises of approximately 4.25 acres of land on Hegenberger Road adjacent to San Leandro Channel in the Oakland Airport Business Park for a term of 50 years. The premises would be developed with a Courtyard style Marriott hotel containing 149 rooms, and an interior restaurant/lounge area. The construction rental would be $3,400.00 per month. The minimum monthly rental would commence when construction rental terminates starting at $160,000.00 per year payable monthly for year 1, $185,000.00 for year 2 and $210,000.00 for year 3. The minimum rental during the first 10 years it is due, is against 6% of gross revenue from sleeping rooms. Commencing in year 11, the percentage rental increases to 8% of gross revenue
November 15, 1988 - 6 - from sleeping rooms. The Port would also receive 50% of any sublease rentals received by Marriott. The percentage rental would be annualized during the first five years; from the commencement of year six throughout the remaining term, the percentage rentals would be averaged on a quarterly basis. The minimum rental would be adjusted every five years based on 75% of the average of the rental payable to the Port during the prior five year period but not less than the then existing minimum rental. The security deposit will be $50,000.00. The Marriott Corporations plans to package this property with other similar Courtyard facilities and sell its leasehold interest. The Marriott would retain operational control and would continue to market and operate the facility through a management agreement. Special assignments provisions have been included in the lease. The proposed lease also contains the Port s standard provisions. Also recommended was the conceptual design approval of facility. The proposed project would consist of the construction of a U-shaped wood-frame building complex containing approximately 82,000 sf of gross floor area and having a height of not exceeding three stories. The complex will contain a total of 149 guest rooms, a 50-person banquet facility, a 50-seat restaurant, a 40-seat bar, conference rooms, indoor swimming and whirlpools and an exercise room. The building complex would have a contemporary Mediterranean style architectural theme designed to domestic scale with beige colored plaster finish exterior walls, balconies and pitched red tiled roofs. On site improvements would include extensive land- scaping, off-street parking for a total of 165 vehicles and fencing. The hotel would use the name "Courtyard by Marriott - Oakland Airport." The recommendation was approved on an ordinance passed to print and on passage of Resolution No. 31037 for conceptual approval and name of facility. Demolition and Building Permit Applications for Hotel DevelcEuent, East Bay Group, 1755 Embarcadero-East was the subject of a memo to the Board from the Chief Engineer, recommending approval for the permits to allow for the
November 15, 1988 - 7 - construction of the new hotel. Demolition work would consist of demolishing the existing Port building and clearing the site for the proposed hotel development. The building permit application is for the construction of three, three-story high, separate, wood frame structures interconnected with glass-covered passage- ways. The structures will contain a total of 148 guest rooms, a 200 person capacity banquet facility and conference rooms. On-site improvements will include extensive landscaping, paved shoreline walkways and off-street parking for 160 vehicles. The estimated cost of proposed construction work $3,150,000.00. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 31038. Substitution of Miscellaneous Metal Subcontractor for Construction of Parking Structure on Lot 10, Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending approval for the Perini Corporation to substitute Meddco Metals for Cascade Metals Corporation as a subcontractor for the miscellaneous metal work as Cascade cannot provide the necessary bonds. The recommendation was approved on passage of Resolution No. 31039. Approval of Change Order for Pile Driving Hammer for Construction of Berth 26 wharf, Outer Harbor was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to J.H. Pomeroy and Company to change the specified pile driver hammer to a 165,000 foot-pound Delmag D62 diesel hammer for an estimated increase of $60,000.00 and a contract time extension as required. It was noted that the wharf is underlain by an unusual sandy material and that piles driven by the specified haiuiiter will not achieve the required load carrying capacity. The recommendation was approved on a motion by Commissioner Hunter, seconded and passed unanimously. Building Permit Application, Conveyor Shiploader System, Schnitzer Steel Products Company was the subject of a memo to the Board from the Chief Engineer, recommending approval for the contruction of a T-shaped, pile-supported
November 15, 1988 - 8 - concrete wharf with approximately 20,550 sf of surface area, a concrete dike cap along the shoreline, pile-supported catwalks and the installation of several breasting dolphins, and installation of double mooring bollards. The estimated cost of the proposed structural improvements is $2,000.000.00. The environ- mental document associated with the project has previously been considered by the
Board. The recommendation was approved on passage of Resolution No. 31040. Amending Consultant Agreement with ESA for Environmental Assessment of
Commercial Port-Related Uses of a Portion of the Oakland Naval Supply Center was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the proposed long-term lease agreement for a portion of the Naval Supply Center for commercial and transportaion Port related uses. The project requires joint environmental documentation and the Port and the Navy have agreed to cost sharing of the documentation effort. The Board authorized retaining Larry Seeman Associates, Inc. (LSA) to perform enrivonmental documentation. After LSA had initiated research and documentation on the project, modifications to the project description and requested scope of services as well as delays in project start-up for environmental documentation occured. It was recommended that the Board authorize amending the agreement with LSA to increase the fixed amount contract limit by $28,000.00 and authorize the Executive Director to approve additional work up to a maximum of $45,000.00. The recommendation was approved on passage of Resolution No. 31041. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Larry W. Ervin, as Port Maintenance Foreman, effective November 16, 1988, at $3,295,00 per month; Madonna M. Medeiros, as Traffic Representative Tariff Analyst I, effective November 16, 1988, at $2,423.00 per month; Karen B. Alverson, as Youth Aide Class "A", effective November 16, 1988, at $12.28 per hour; and Chip Williford, as Youth Aide, Class "BB", effective November 16, 1988, at $10.95 per hour. Also recommended was the
November 15, 1988 - 9 extension of personal leave of absence for Henry Melendres, Port Personnel Analyst, for a period of 24 working days; and a military leave of absence for Homer Hoglund, Port Equipment Supervisor, for a period of 4 working days. The recommendations were approved on passage of Resolution No. 31042 for appointments; and Resolution No. 31043 for leaves of absence. Travel Authorization contained in a memo to the Board from the Director of Administration recommended the travel of the Deputy Executive Director to
Washington, D.C., and New York City, New York, on or about the period November 28 - December 1, 1988, to participate in a meeting of the American Association of Port Authorities in Washington, and to call on various shipping concerns in New York City; and the travel of the Executive Director, Chief Engineer, and Assistant Port Attorney, Thomas Clark to Washington, D.C., on or about November 16, 1988, to meet with the Corps of Engineers. The recommendation was approved on passage of Resolution No. 31044. Approval of Contract for Installation of Port Office Work Station System for New Port Building, jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Port is obtaining the new office work stations from Herman Miller Co. An early contract for assembly and installation of the work station components is necessary to ensure coordination between the installation contractor, the Port architect, Robinson Mills Williams, and the component supplier, Herman Miller. It was recommended that the Board approve a contract with Officeworks, of Emeryville, California, to install the new office equipment at an estimated cost of $50,000.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 31045.
November 15, 1988 - 10 - The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of November 4, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the Month of October 1988. Accounts in Arrears as of October, 31 1988. Delinquent Accounts Referred to Legal Reported as of October 31, 1988. Summary of Claims Paid from Various Funds for the Period October 24, 1988 through November 4, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Ward Allen and President Higgins - 5 Noes: None Absent: Commissioners Sweeney and Wasserman - 2 "RESOLUTION NO. 31036 APPROVING AND AUTHORIZING EXECUTION OF INTERIM LICENSE AND CONCESSION AGREEMENT WITH CF AIR FREIGHT, INC." "RESOLUTION NO. 31037 APPROVING CONCEPTUAL DESIGN DRAWINGS FOR HOTEL FACILITY PROPOSED BY MARRIOTF CORPORATION AND APPROVING NAME OF FACILITY." "RESOLUTION NO. 31038 GRANTING EAST BAY GROUP PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 31039 AUTHORIZING SUBSTITUTION OF MISCELLANEOUS METAL SUBCONTRACTOR FOR CONSTRUCTION OF PARKING SIVUCTURE ON LOT 10, JACK LONDON SQUARE, OAKLAND, CALIFORNIA." "RESOLUTION NO. 31040 GRANTING SCHNITZER STEFT, PRODUCTS COMPANY PERMISSION TO PERFORM CERTAIN WORK."
November 15, 1988 - 11 - "RESOLUTION NO. 31041 FINDING AND DETERMINING THAT A PROPOSED AMENDMENT TO AGREEMENT WITH LSA ASSOCIATES, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AMENDMENT TO AGREEMENT." "RESOLUTION NO. 31042 CONCERNING CERTAIN APPOINTMENIS. "RESOLUTION NO. 31043 CONCERNING CERTAIN LEAVES OF ABSENCE." "RESOLUTION NO. 31044 CONCERNING CERTAIN TRAVEL." "RESOLUTION NO. 31045 FINDING AND DETERMINING THAT OFFICEWORKS, INC., BE APPROVED AS WORK STATION INSTALLATION CONTRACTOR FOR THE INSTALLATION OF AN OFFICE WORK STATION SYSTEM FOR THE NEW PORT OFFICE BUILDING AND THAT SUCH WORK CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF A CONTRACT FOR SAID WORK." "RESOLUTION NO. 31046 APPROVING AND AUTHORIZING EXECUTION OF SECOND AMENDED LEASE OPTION AGREEMENT WITH EAST BAY GROUP." "RESOLUTION NO. 31047 AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREEMENT WITH J. W. AND BARBARA SILVEIRA." "RESOLUTION NO. 31048 AUTHORIZING THE FILING OF COMPLAINT AGAINST BLUE STAR LINE, INC. FOR DAMAGE TO BERTH SEVENTH STREET PUBLIC CONTAINER TERMINAL AND AUTHORIZING RETENTION OF COUNSEL IN CONNECTION THEREWITH." "RESOLUTION NO. 31049 APPROVING AND AUTHORIZING EXECUTION OF A LICENSE AND CONCESSION AGREEMENT WITH FEDERAL EXPRESS CORPORATION FOR USE OF LIGHT AIRCRAFT APRON TO BE CONSTRUCTED AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT." "RESOLUTION NO. 31050 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO PERFORM CERTAIN PUBLIC WORK WITHOUT COMPETITIVE BIDDING AND AUTHORIZING THE PERFORMANCE THEREOF."
November 15, 1988 - 12 - "RESOLUTION NO. 31051 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO PERFORM CERTAIN PUBLIC WORK WITHOUT COMPETITIVE BIDDING AND AUTHORIZING THE PERFORMANCE THEREOF." "RESOLUTION NO. 31052 REJECTING BID FOR RECOATING OF TICKETING BUILDING M-101 ROOF, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA." "RESOLUTION NO. 31053
ACCEPTING WORK PERFORMED BY A-PLUS ROOFING, INC., AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." Port Ordinance No. 2841 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A SECOND SUPPLEMENTAL AGREEMENT TO LEASE WITH OAKLAND PORTSIDE ASSOCIATES (SCOTT S BLOCK LEASE)," was read a second time and passed by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Ward Allen and President Higgins - 5 Noes: None Absent: Commissioners Sweeney and Wasserman - 2 Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2610 TO ESTABLISH A REVISED DAILY MAXIMUM PARKING RATE IN THE PORT S SHORT • MM PUBLIC AUTOMOBILE PARKING FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT", Port Ordinance No. being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2610 TO ESTABLISH A REVISED TENANT EMPLOYEE PARKING FEE IN THE PORT S AUTOMOBILE PARKING FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT", Port Ordinance No. being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE OPTION AGREEMENT WITH MARRIOTT CORPORATION", were read a first time and passed to print by the following vote:
November 15, 1988 - 13 - Ayes: Commissioners Brady, Hunter, Pineda, Ward Allen and President Higgins - 5 Noes: None Absent: Commissioners Sweeney and Wasserman - 2 At the hour of 4:45 p.m. the Board entered into closed session as previously announced by President Higgins and reconvened in open session at the hour of 5:23 p.m. at which time the meeting adjourned on a motion duly made and seconded.
November 15, 1988 - 14 - REGULAR MINUTES CF THE BOARD OF PORT OCIMMISSIONERS
CF THE
CirY OF OAKLAND The meeting, formal portion, was held on Tuesday, December 6, 1988, at the hour of 4:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Higgins presiding, due written notice having been given to members of the Board. Commissioners present: Brady, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Commissioners absent: Hunter - 1 Also present were the Executive Director; Deputy Executive Director; Port Attorney; Director of Aviation; Chief Financial Officer; Chief Engineer; Assistant Chief Engineer; Director of Properties; Senior Commercial Representative; Director of Administration; Special Assistant to the Executive Director for Trade Relations; Director of Public Affairs; and Secretary of the Board. An informal portion was held during the time period from 2:10 p.m. to 4:00 p.m. during which time the Board received a report on the Intermodal Interface Study, the Airport Master Plan, and the Port s Strategic Financial Plan. The minutes of the regular meeting of November 1, 1988 were approved as submitted and ordered filed. Mr. Frederick Randall, Semi-skilled Laborer, received his 15-year service award. President Higgins informed the Board that he would call for a closed session at the conclusion of the open session for the purposes of discussing: pending litigation as provided for under Government Code Section 54956.9 (b) and (c); and labor negotiations as provided for under Government Code Section 54957.7. Commissioner Wasserman, Chair of the Development Committee, reported that his committee had met and discussed various current issues on the committee s agenda. Commissioner Brady, Chair of the Port Board Organization and Staff Review, reported that his committee would receive the preliminary report from the consulting firm of Kibel, Green Inc. on Wednesday, December 14, 1988 at 3:00 p.m. After discussion, the Board noted that they should meet as a committee of the whole to receive the preliminary report and the meeting would be adjourned to the Wednesday date. Supplemental Agreement for Parking Lot Revenue Control System, South Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the existing agreement with Ralph Burke Associates for consulting services for improvements to the airport parking lot revenue control system, which was entered into in 1985. The agreement was amended in 1988 to reduce the scope of work. During this time, fully on-line systems have been perfected and are operating at other airports very successfully, and it was recommended that the agreement be amended to provide for the design of the revenue control system to provide a fully on-line system. A fully on-line system is a computerized system which monitors the activity at all entrances and exit gates, the parking lot capacity, and the cash transactions at the exit booths. It also includes a video camera at each exit booth to read license paates. The maximum compensation to be paid to the consultant would be increased by $41,500.00 for a new maximum of $136,000.00. The recommendation was approved on passage of Resolution Nb. 31074. Temporary Increase in rally Short-Term Airport Parking Rate was the subject of a memo to the Board from the Director of Aviation, recommending approval to increase the maximum daily fee for short-term parking from $10.00 to $15.00. It was noted that the increase was intended to discourage patrons from
December 6, 1988 - 2 - parking in the short-term lot for extended periods and thereby providing "close-in" parking for quick in-and-out-patrons. The increase will be effective from December 7, 1988 through December 31, 1988 when the ordinance will be in effect increasing the rates. The recommendation was approved on passage of Resolution No. 31083. Award of Contract, Furnish and Deliver Hydrant Fueling Servicers, Metropolitan Oakland International Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the four bids received and recommending award of the contract to Mobile Equipment Fabricators, Incorporated, the low bidder, at $316,377.60. The recommendation was approved on passage of Resolution No. 31054. Award of Contract for Insta_llation of Power Factor Corrective Equipment and Underfrequency Relays, Phase 7 was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the six bids received and recommending award of the contract to Rosendin Electric, Inc., the low bidder, at $369,000.00. The reconutendation was approved on passage of Resolution No. 31055. Award of Contract, Construction of Hydrant Fueling Extension for Building M-103 Expansion, South Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the four bids received and recommending award of the contract to Underground Construction Co., Inc., the low bidder, at $857,850.00. The recommendation was approved on passage of Resolution No. 31056. Plans and Specifications, Walkway Improvements, Main Parking Lot, South Airport, was the subject of a memo to the Board from the Chief Engineer, recom- mending their approval and authority to advertise for bids for the improvments. The work consists of defining walkways by adding stripes, guard posts, signs and
road markings, and by removing barriers. The project is categorically exempt and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 31075.
December 6, 1988 - 3 - Plans and Specifications, Runway and Taxiway Signs, Striping and Lighting Modifications was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the improvements. The work consists of relocating painted hold lines on various North and South Airport taxiways, installing new lighted hold signs, installing lighted runway distance remaining signs adjacent to Runway 9R/27L, and removing existing lighted and unlighted signs. Financial assistance for this project will be provided from the Federal Aviation Administration under an Airport Improvement Program Grant. The recommendation was approved on passage of Resolution No. 31076. Approval of Change Order to Revise Signing, Marking, and Guard Railing for "Roadway and Utility Extensions for the Air Cargo Center Development, South Airport" was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to Oliver de Silva, Inc. to provide for the construction of a guardrail and revised signing and pavement markings at the new road providing access to the Federal Express Metroplex Building. The recommendation was approved on passage of Resolution No. 31077. Approval to Encumber Subleased Interest, Aero Services International was the subject of a memo to the Board from the Director of Aviation, notifying the Board of a previous encumbrance for the rehabilitation of 18,600 sf of office space in Hangar 5 on the North Airport, and recommending approval of an additional encumbrance in the amount of $30,000.00 to complete tenant improvements which will be occupied by the FAA. The encumbrance is in the favor of the lender, la2 Commercial Finance Corporation, and the lease will prevail in the event of any inconsistencies. The recommendation was approved on passage of Resolution No. 31084.
Certify Review of Addendum to Negative Declaration, Courtyard by Marriott, Oakland Airport was the subject of a memo to the Board from the Chief Engineer, recommending that the Board certify the review of the addendum to the 1984 Initial Study-Negative Declaration for the proposed Marriott Courtyard Hotel.
December 6, 1988 - 4 - It was noted that the document for a hotel proposal was certified by the Board on October 2, 1984 with no hotel development approved with the environmental document. The addendum indicates that the current proposal is smaller in scale and less intensive than the earlier hotel proposal, and the documents adequately address the proposal. The recommendation was approved on passage of Resolution No. 31078. Jack LocclonVillage, Subleaue Approval was the subject of a memo to the Board from the Director of Properties, recommending approval for Masoud Alagheband, dba the Village Deli, to operate a retail deli shop; Marian and Fred Arabi, dba Riana Fashions, to operate a retail ladies shop; and Jay Alan Enterprises, Inc., dba The Jay Alan Company, to operate a retail jewelry and antique shop. The recommendation was approved on passage of Resolution No. 31057. Amendment to Consultant Agreement Security Program Design Services, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the agreement with Robert C. Hardy and Associates, Inc. for design of a security system for Jack London Square and that the maximum compensation has been reached. The consultant has now been requested to redesign the cabling system to include fiber optics, to design and specify four color cameras, to revise the audio system, and to revise the drawings as a result of budget constraints. It was recommended that the amount for change in scope work be increased by $30,000.00 to provide for the additional work. The recommendation was approved on passage of Resolution No. 31072.
Contract Completion, Preservation of Heinhold t s First and Last Chance Building, Jack London Square was the subject of a memo to the Board from the Chief Engineer, recommending that the contract with Federal Building Company be accepted as complete as of October 12, 1988 with a contract price of $108,155.11. The recommendation was approved on passage of Resolution No. 31058.
December 6, 1988 - 5 - Building Permit Application, Tenant Improvements New York Life Insurance Co., Oakland Portside Associates Retail/Office Complex, Waterstreet II was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of additional interior tenant improvements to the second floor of the building. The improvements will cover approximately 3,220 sf of gross floor area to be added to the original New York Life Insurance Company s office space. The estimated cost of the proposed improvements is $54,400.00. The environmental document associated with the project has previously been considered by the Board. The recommendation was approved on passage of Resolution No. 31079. Contract Ccapletion, Construction and Installation of Two Container Cranes at Cuter Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the contract with Korea Shipbuilding and Engineering Corporation and that the contract was substantially complete on January 15, 1988, 44 calendar days beyond the contract time. The contractor has not completed all punch list work and warranty work. The continuation of the contract is limiting KSEC s ability to bid on other work outside of Korea and a settlement agreement has been negotiated which includes: disputed items relating to the contract work, liquidated damages, and reimbursement for inspection costs. It was recommended that KSEC be granted a 38-calendar day time extension; be assessed liquidated damages for 91 days at $1,800.00 per day for a total of $163,800.00; that the terms of the settlement agreement, Change Order No. 19, be approved; and that the cranes be accepted as complete on January 12, 1988 and January 15, 1988. The warranty period would start on Janaury 15, 1988 and KSEC be paid a total of $6,443,742.50 for the cranes. The recommendation was approved on passage of Resolution No. 31080.
Purchase of Container Crane for Oakland Outer Harbor was the subject of a memo to the Board from the Executive Director, notifying the Board that Maersk Line has entered into a 10-year preferential assignment with two additional 5- year options for operation of Outer Harbor Terminal Berth 25, and has exercised its
December 6, 1988 - 6 - first option to expand the facility. In order to insure prompt dispatch of their vessels, Maersk requires a third container crane on a guaranteed basis. Maersk Line has a requirement for additional cranes at other ports at which they call and has an option with Paceco, Inc., to build up to three cranes to meet their requirements. It was recommended that the Board approve in principle the purchase and installation by Maersk of a third crane at their facility. A supplemental agreement will be prepared for Board approval and filing with the Federal Maritime Commission. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously. Approval of Change Order for Maersk Entrance Modifications for Construction of Yard Improvements, Petroleum and Ferry Streets, Outer Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, recom- mending approval of a change order to 0. C. Jones and Sons, in the estimated amount of $26,000.00 and a 90 calendar day time extension to construct additional yard improvements required by Maersk Line. The recommendation was approved on passage of Resolution No. 31081. Approval of Change Order for Upland Disposal of Scow GL-34 for the Dredging of the Oakland Inner Harbor Channel to Elevation -38 Feet, M.L.L.W. was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to Great Lakes Dredge and Dock Company in the amount of $29,910.00 for the transportation, unloading and placement of the dredged material on Twitchell Island in the Sacramento Delta. The recommendation was approved on a motion by Commissioner Pineda, seconded and passed unanimously. Award of Contract for Demolition of Buildings C-226, C-227 and C-229 Outer Harbor Terminal was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the five bids received and recommending award of the contract to Evans Brothers, Inc, the low bidder, at $148,150.00. The recommendation was approved on passage of Resolution No. 31059.
December 6, 1988 - 7 - Contract Completion Correction for Subsequent Change Order Payment for Dry Docking and Repairs to Fireboat City of Oakland was the subject of a memo to the Board from the Chief Engineer, recommending approval to pay Crowley Maritime $10,275.00 for change order work performed under the contract, which will correct the contract price total to $181,858.00. It was noted the change order billing data was not completed by the contractor until after the contract had been accepted by the Board. The recommendation was approved on passage of Resolution No. 31082. Amendment to Terminal Use Agreement, Korea Shipping Corporation was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board that Korea Shipping Corporation and Hanjin Container Lines, Ltd. each has a Terminal Use Agreement with the Port. The two lines completed a merger and became known as Hanjin Shipping Company., Ltd. and, as a result of the merger, it has been determined by the Hanjin Group that the KSC Terminal Use Agreement will be the surviving Agreement. It was recommended that the Board amend the KSC TUA to show Hanjin Shipping Company, LTD. as the new assignee and to extend the termination date to April 30, 1990. The recommendation was approved on passage of Resolution No. 31060. Personnel Items contained in a memo to the Board from the Director of Administration recommended the appointment of Charles F. Schwarz, as Port Environ- mental Planner Assistant, effective December 7, 1988, at $2,709.00 per month; Miriam Melean, as Senior Secretary, effective December 19, 1988, at $1,967.00 per month; Pamela L. Schwartz, as Marine Billing and Traffic Assistant, effective December 7, 1988, at $2,130.00 per month; Douglas E. Harris, as Port Equipment Service Worker, effective December 7, 1988, at $2,010.00 per month. Also recommended was the creation of one additional position of Administrative Secretary; and the promotional examination announcement for Marine Billing and Traffic Assistant. Further recommended was the rescission of appointment for
December 6, 1988 - 8 - Lawrence W. Cain from the position of Port Equipment Service Worker, due to medical reasons; and a military leave of absence for George W. Alston, Engineering Assistant, for 10 working days; and a military leave of absence for
Thomas A. Remus, Supervising Civil Engineer for 5 working days. The recom- mendations were approved on passage of Resolution No. 31061 for appointments; Resolution No. 31062 for examination announcement; Resolution No. 31063 for rescinding appointment; Resolution No. 31064 for leaves of absence; and on an ordinance passed to print for creation of position. Travel Authorization contained in a memo to the Board from the Director of Administration recommended the travel of the Executive Director and the Chief Engineer to Gulf Port, Mississippi, on or about the period November 29, 1988 - December 1, 1988, to meet with a crane manufacturer; the travel of the President of the Board of Port Commissioners and the Director of Aviation to Dallas/Ft. Worth, Texas, on or about December 15, 1988, to meet with executives and corporate officials of various airlines. The recommendation was approved on passage of Resolution No. 31065. Approval of Maintenance Agreement for Service and Maintenance of Port Phone System was the subject of a memo to the Board from the Chief Engineer, recolimending approval to enter into an agreement with Tel Plus to provide the annual maintenance service contract for the Port phone system at their quoted price of $22,332.00. The recommendation was approved on passage of Resolution No. 31073. Increases in Employee Health Insurance Rates was the subject of a memo to the Board from the Director of Administration, notifying the Board of the increase in Kaiser Foundation Health Plan, Inc. s rates for 1989 and recommending approval to increase the contribution of the Port of Oakland toward the employee group health insurance to a maximum amount of $262.82 per month for full-time employees. The recommendation was approved on passage of Resolution No. 31066 for Kaiser Agreement and on passage of an ordinance to print for contributions to employee health plan.
December 6, 1988 - 9 - The following reports were discussed and ordered filed: Report of Port Attorney on Litigation Matters Status of Construction Contracts in Progress as of November 1988. Status of Consultant Contracts in Progress as of November 1988. Summary of Cash - Port Revenue and Construction Funds as of November 25, 1988. Summary of Claims Paid from Various Funds for the Period November 7, 1988 through November 28, 1988. The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent: Hunter - 1 "RESOLUTION NO. 31054 AWARDING CONTRACT TO MOBIL EQUIPMENT FABRICATORS, INCORPORATED, FOR FURNISH AND DELIVER HYDRANT FUELING SERVICERS, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 31055 AWARDING CONTRACT TO ROSENDIN ELECTRIC, INC., FOR INSTALLATION OF POWER FACTOR CORRECTIVE EQUIPMENT AND UNDERFREQUECY RELAYS, PHASE 7, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 31056 AWARDING CONTRACT TO UNDERGROUND CONSTRUCTION CO., INC., FOR CONSTRUCTION OF HYDRANT FUELING EXTENSION FOR BUILDING M-103 EXPANSION, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH; REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 31057 CONSENTING TO SUBLEASES BY OAKLAND VILLAGE CORPORATION."
December 6, 1988 - 10 - "RESOLUTION NO. 31058 ACCEPTING WORK PERFORMED BY FEDERAL BUILDING COMPANY, AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 31059 AWARDING CONTRACT TO EVANS BROTHERS, INC., FOR DEMOLITION OF BUILDINGS C-226, C-227 AND C-229, OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA; FIXING THE AMOUNT OF BONDS TO BE PROVIDED IN CONNECTION THEREWITH, REJECTING ALL OTHER BIDS; AND DIRECTING RETURN OF BID BONDS TO BIDDERS." "RESOLUTION NO. 31060 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH HANJIN SHIPPING COMPANY." "RESOLUTION NO. 31061 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 31062 APPROVING EXAMINATION ANNOUNCEMENT FOR THE POSITION OF MARINE BTLT,ING AND TRAFFIC ASSISTANT." "RESOLUTION NO. 31063 RESCINDING A PORTION OF RESOLUTION NO. 31019 APPOINTING LAWRENCE W. CAIN TO THE POSITION OF PORT EQUIPMENT SERVICE WORKER." "RESOLUTION NO. 31064 GRANTING MILITARY LEAVES OF ABSENCE." "RESOLUTION NO. 31065 CONCERN G CERTAIN TRAVEL." "RESOLUTION NO. 31066 AUTHORIZING EXECUTION OF GROUP MEDICAL AND HOSPITAL SERVICE AGREEMENT AMENDMENT WITH KAISER FOUNDATION HEALTH PLAN, INC." "RESOLUTION NO. 31067 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENT WITH EMERY AIR FREIGHT CORPORATION." "RESOLUTION NO. 31068 AUTHORIZING EXECUTION OF FIRST SUPPLEMENTAL AGREEMENI. WITH SIERRA PACIFIC AIRLINES, INC." "RESOLUTION NO. 31069 RATIFYING FILING OF ACTION AGAINST TIDEWATER SAND AND GRAVEL COMPANY BY PORT ATTORNEY." December 6, 1988 - 11 - "RESOLUTION NO. 31070 GRANTING BRENT AND MARY HENNEFER PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 31071 AUTHGRIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENT WITH SIERRA ACADEMY OF AERONAUTICS, INC." "RESOLUTION NO. 31072 FINDING AND DETERMINING THAT A PROPOSED AMENDMENT TO AN AGREEMENT WITH ROBERT C. HARDY AND ASSOCIATES, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AMENDMENT TO AGREEMENT." "RESOLUTION NO. 31073 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH IEL PLUS, NORTHERN CALIFORNIA, INC. FOR SERVICE AND MAINTENANCE OF PORT PHONE SYSTEM CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES AND MAY BE MADE WITHOUT COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT THEREFOR." "RESOLUTION NO. 31074 AUTHORIZING EXECUTION OF THIRD SUPPLEMENTAL AGREEMENT WITH RALPH BURKE ASSOCIATES." "RESOLUTION NO. 31075 APPROVING PLANS AND SPECIFICATIONS FOR WALKWAY IMPROVEMENTS, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA; AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 31076 APPROVING PLANS AND SPECIFICATIONS FOR RUNWAY AND TAXIWAY SIGNS, SiRIPING AND LIGHTING MODIFICATIONS, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, CUP 3-06-0170-07), OAKLAND, CALIFORNIA; AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 31077 APPROVING ISSUANCE OF A CHANGE ORDER TO REVISE SIGNING, MARKING AND GUARD RAILING IN CONTRACT WITH OLIVER DE SILVA, INC., FOR ROADWAY AND UTILITY EXTENSIONS FOR AIR CARGO CENTER DEVELOPMENT, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT (A. I.P. 3-06-0170-07)." "RESOLUTION NO. 31078 CERTIFYING REVIEW AND CONSIDERATION OF ADDENDUM TO THE INITIAL STUDY AND NEGATIVE DECLARATION ENTITLED "AMENDMENT OF STANDARDS AND RESTRICTIONS FOR THE OAKLAND AIRPORT BUSINESS PARK; DEVELOPMENT OF GRANADA ROYALE HOMETEL AND APPLE INN MOTEL," AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH."
December 6, 1988 - 12 - "RESOLUTION NO. 31079 GRANTING BUILDING PERMIT TO OAKLAND PORTSIDE ASSOCIATES FOR INTERIOR TENANT IMPROVEMENTS (GALLAGHERS BLOCK LEASE/WATERSTREET II, JACK LONDON SQUARE)." "RESOLUTION NO. 31080 ACCEPTING WORK PERFORMED BY KOREA SHIPBUILDING AND ENGINEERING CORPORATION, EXTENDING TIME FOR PERFORMANCE OF CONTRACT, ASSESSING LIQUIDATED DAMAGES AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION." "RESOLUTION NO. 31081 APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDER, AND GRANTING TIME EXTENSION FOR CONTRACT FOR CONSTRUCTION OF YARD IMPROVEMENT, PETROLEUM AND FERRY STREETS, OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA." "RESOLUTION NO. 30182 APPROVING AND AUTHORIZING PAYMENT OF ADDITIONAL SUMS TO CROWLEY MARITIME CORPORATION FOR CONTRACT FOR ERYDOCKING AND REPAIRS TO FIREBOAT "CITY OF OAKLAND", OAKLAND, CALIFORNIA." "RESOLUTION NO. 31083 ESTABLISHING TEMPORARY DAILY MAXIMUM PARKING RATE IN THE SHORT TERM PUBLIC AUTOMOBILE PARKING FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT." "RESOLUTION NO. 31084 CONSENTING TO ENCUMBRANCE TO SUBLEASEHOLD INTEREST OF EARHART ASSOCIATES UNDER LEASE WITH AERO SERVICES INTERNATIONAL, INC." Port Ordinance No. 2842 being, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE OPTION AGREEMENT WITH MARRIOTT CORPORTATION", and Port Ordinance No. 2843 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2610 TO ESTABLISH. A REVISED DAILY MAXIMUM PARKING RATE IN THE PORT S SHORT TERM PUBLIC AUTOMOBILE PARKING FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT", and Port Ordinance No. 2844 being, "AN ORDINANCE AMENDING PORT ORDINANCE NO. 2610 TO ESTABLISH A REVISED TENANT EMPLOYEE PARKING FEE IN THE PORT S AUTOMOBILE PARKING FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT", were read a second time and passed by the following vote:
December 6, 1988 - 13 - Ayes: Commissioners Brady, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent: Hunter - 1 Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 5.021 of PORT ORDINANCE NO. 867 CREATING ONE ADDITIONAL POSITION OF ADMINISTRATIVE SECRETARY", and Port Ordinance No. being, "AN ORDINANCE AMENDING SECTION 2 OF PORT ORDINANCE NO. 1166 RELATING TO THE CONTRIBUTIONS OF PORT OF OAKLAND TOWARD THE COST OF EMPLOYEE GROUP HEALTH INSURANCE", were read a first time and passed to print by the following vote: Ayes: Commissioners Brady, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 6 Noes: None Absent: Hunter - 1 At the hour of 4:35 p.m. the Board entered into closed session as previously announced by President Higgins and reconvened in open session at the hour of 5:26 p.m. at which time the meeting was adjourned to Wednesday, December 14, 1988, at the hour of 3:00 p.m.
The meeting was reconvened on Wednesday, December 14, 1988, at the hour of 3:12 p.m., President Higgins presiding. Commissioners present: Brady, Pineda, Sweeney, Ward Allen, Wasserman, and President Higgins - 6 Commissioners absent: Hunter - 1
December 6, 1988 December 14, 1988 - 14 - Also present were the Executive Director; Deputy Executive Director; Port Attorney; Assistant Port Attorney, Thomas Clark; Chief Engineer; Chief Financial Officer; Director of Properties; Director of Public Affairs; Director of Strategic and Management Planning; Director of Administration; and Secretary of the Board. President Higgins informed the Board that he would call for a closed session at the conclusion of the open session for the purposes of discussing pending litigation as provided for under Government Code Section 54956.9 (b) and (c); and personnel matters as provided for under Government Code Section 54957. Commissioner Brady, Chair of the Port Board and Staff Structure and Organization Committee, informed the Board that the committee, after review of proposals, selected the firm of Kibel, Green Inc. to perform a study based on specific charges made to the firm concerning Port organization. The firm was to submit the report within 60 days, and the committee selected Wednesday, December 14, 1988, for receipt of the preliminary report. The Board had previously asked that the preliminary report be received by the Board as a committee of the whole. Commissioner Brady further noted that the firm had made a detailed review of the tasks assigned to them. Mr. Harvey Kibel, co-founder of the firm, reviewed the tasks assigned and the background of their review. . Jeff Nerland, engagement manager of the study, presented the executive summary of the report and a proposed action plan which could be approved by the Board. He noted that the action plan contained both advantages and disadvantages which the Board should consider. The final report and executive summary would be under separate cover and given to the Board after completion of the document. Mr. Bruce Seaton, Chairman, American President Companies, appeared before the Board to note that the Port tenants and shipping community were not in favor of a change in Port structure and further noted that the shipping industry
December 14, 1988 - 15 - was not part of the Kibel, Green report. He asked that the Board hold a public hearing to receive input from the business community. At the hour of 3:28 p.m. the Board entered into closed session as previously announced by President Higgins and briefly reconvened in open session at the hour of 7:00 p.m. at which time President Higgins announced that the Board had discussed personnel matters related to the Kibel, Green report, and the Board entered back into closed session at the hour of 7:01 p.m. and reconvened in open session at the hour of 7:04 p.m., at which time the meeting was adjourned on a motion duly made and seconded.
December 14, 1988 - 16 - REGW_ARMINUIES CF THE BOARD OP PORT COMMISSIONERS OF THE
cary CP OAKLAND The meeting, formal portion, was held on Tuesday, December 20, 1988, at the hour of 3:10 p.m. in the office of the Board, Room 376, 66 Jack London Square, Oakland, California, President Higgins presiding, due written notice having been given to members of the Board. Commissioners present: Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Commissioners absent: None Also present were the Executive Director; Deputy Executive Director; Chief Engineer; Chief Financial officer; Director of Properties; Director of Strategic and Management Planning; Director of Administration; Director of Public Affairs; and Secretary of the Board. The minutes of the regular meeting of November 15, 1988, were approved as submitted and ordered filed. President Higgins informed the Board that he would call for a closed session at the conclusion of the open session for the purposes of discussing: 1. Pending litigation as provided for under Government Code Section 54956.9 (a) involving: (a) Half Moon Bay Fisherman s Marketing Association et al. v. Frank Carlucci et al. and Port of Oakland, U.S. District Court, Northern District of California No. C 88 1422 WWS; and (b) County of San Mateo v. Port of Oakland, et al; San Mateo County Superior Court No. 329870. 2. Pending litigation as provided for under Government Code Sections 54956.9 (b) and (c). 3. Personnel matters as provided for under Government Code Section 54957. 4, Labor Negotitaions as provided for under Government Code Section 54957.7 Commissioner Brady, Chair of the Finance and Administration Committee, reported that his committee had met and reviewed the proposed timetable for the implementation of the Port s Financial Plan and had reviewed the incentive compensation program. Commissioner Sweeney, Chair of the Transportation Committee, reported that his committee had reviewed several ongoing projects concerned with the Airport. Approval of Request for Proposal for Security Guard Service at the Airport was the subject of a memo to the Board from the Director of Administration, recommending approval of the receipt of proposals to provide security guard service, including parking lot coverage, traffic control, and screening, at the Airport. The request for proposal covers: scope of work; term of contract; bidder qualification; staffing, training, and reporting; and MBE Provisions. After receipt of proposals a recommendation will be made to the Board regarding selection of a contractor. The recommendation was approved on passage of Resolution No. 31097. Approval to Dispense with Formal Bids for Construction of Five and Relocation of (Ile Aircraft Passenger Loading Bridges, South Airport was the subject of a memo to the Board from the Chief Engineer, notifying the Board that requests for qualifications to manufacture and install passsenger loading bridges had been solicited and reviewed to determine those firms that have the necessary capabilities to design and construct loading bridges. Five firms submitted detailed information on their qualifications and experience and three comply with the Federal requirements regarding foreign trade restrictions and are considered to be qualified based on their extensive in-house engineering capability, recent experience and sufficient operations in the United States. It was recommended that the Board dispense with formal bidding procedures and authorize the execution of a contract based on receipt of proposals from the three qualifying
December 20, 1988 - 2 - firms: Jetway Systems; Safegate, Inc; and Stearns-Airport Equipment, Inc. The FAA has approved the selection procedure and the plans and specifications. The environmental document associated with the project resulted from a Negative Declaration which was certified by the Board on May 17, 1988. The recommendation was approved on passage of Resolution No. 31090. Acceptance of FAA Grant Amendment No. 1 to AIP-09 was the subject of a memo to the Board from the Chief Engineer, recommending that the Board accept the remaining allocation of $3,389,066.00 for Federal Fiscal Year 89 under Amendment No. 1 to AIP-09 grant. The funds will be used for the overlay of Runway 11/29. The recommendation was approved on passage of Resolution No. 31098. Permit Application for Expansion of Parking Facility, United Parcel Service, 8400 Pardee Drive, Oakland Distribution Center was the subject of a memo to the Board from the Chief Engineer, recommending approval for the construction of a new parking facility on their leased premises at their existing UPS facility. The proposed work consists of site preparation and paving of approximately 82,760 sf including curbs and striping; and associated drainage work. The estimated cost of the proposed work is $293,500.00, and the site will be used for additional storage of their trucks. The project is categorically exeiipL and an environmental impact report is not required. The recommendation was approved on passage of Resolution No. 31085. Sixth AmendWent to CalBoat Loan Agreement was the subject of a memo to the Board from the Chief Engineer, recommending approval of the amendment with the California Department of Boating and Waterways for the development at the Union Point Basin Marina. The amendment provides that agencies receiving CalBoat loans will conduct an annual survey of small boat berthing charges in the prevailing market area and adjust their minimum rates accordingly. The recom- mendation was approved on passage of Resolution No. 31099.
December 20, 1989 - 3 First Z.,11111 to the of Fish and Game Wildlife Conser- vation Board Standard Agreement for the San Antonio Fishing Pier was the subject of a memo to the Board from the Chief Engineer, recommending approval of an amendment which will extend the grant to June 30, 1989. Under the grant agreement, the Wildlife Conversation Board will reimburse the Port $200,000.00 for the construction of the Pier. The work is behind schedule and the pier is not expected to be completed until March, 1989; and the original grant will expire on December 31, 1988. The recommendation was approved on passage of Resolution No. 31100. Construction of Temporary Parking Lot, Former Gallagher s Restaurant Site, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board that two quotes were received and the quote from 0. C. Jones, at $37,290.00, was accepted and a change order was issued to their current contract for work at the Airport for the construction of the parking lot. The information was noted and ordered filed. Award of Contract, Installation of Security Systems, Jack London Square was the subject of a memo to the Board from the Chief Engineer, notifying the Board of the nine bids received and recommending award of the contract to Transpac Fiber Optics Telecommunications Inc., the low bidder, at $790,730.00. The recommendation was approved on passage of Resolution No. 31101. King Interests, Extension of Period for Exclusive Negotiations was the subject of a memo to the Board from the Director of Properties, notifying the Board of the exclusive negotiations with The King Interests to develop air cargo distribution facilities in the Port of Oakland Distribution Center. Several letters in response to the Initial Study and Negative Declaration raised environmental issues regarding developtuent of this site on the Distribution Center. The Port has investigated other potential locations for this type of facility and have identified a number of sites at the North Airport, and the
December 20, 1988 - 4 - Kings are currently evaluating the sites. It was recommended that the Board extend the exclusive negotiations period through March 22, 1989. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously.
Mal-con Agreement Extension was the subject of a memo to the Board from the Deputy Executive Director, notifying the Board of the marine terminal and freight station leases with Matson Terminals, Inc., which expire December 31, 1988. Matson has previously excercised both of its options to extend the terms of the leases for two separate additional ten year periods, subject to rental adjustment. Negotiations have taken place with Matson and they will continue to pay the current rentals and will receive credit for these payments against the new adjusted rental, when that has been determined, back to January 1, 1989. It was recommended that the Board approve the supplemental agreement setting forth Matson s interim rental payment obligations from January 1, 1989, until determination of the new adjusted rentals. Supplemental agreements will be filed with the Federal Maritime Commission. The recommendation was approved on passage of Resolution No. 31107 and Resolution No. 31108. Approval of Change Order for Contaminated Soil for Construction of Berth 26 Wharf, Outer Barbor was the subject of a memo to the Board from the Chief Engineer, recommending approval to issue a change order to J. H. Pomeroy and Company to provide for the removal of approximately 150 tons of contaminated soil and disposal at a Class I dump site at a cost of $24,655.00. It was noted that an undetermined quantity of additional contaminated soil, which underlies the existing Berth 25 yard improvements, was left for further study to determine if further remedial action will be required. The recommendation was approved on a motion by Commissioner Wasserman, seconded and passed unanimously.
December 20, 1988 - 5 - Plans and Specifications, Construction of 500-Foot Shoreline Pathway Along San Leandro Bay was the subject of a memo to the Board from the Chief Engineer, recommending their approval and authority to advertise for bids for the pathway. The work consists of constructing a 500-foot long by 10-foot wide public walkway which will include stabilizing the shoreline, paving the walkway with asphalt concrete and installing a guard railing. The project is categorically exempt and an environmental impact report is not required. It was noted that the public access project was imposed as a condition to the Bay Conservation and Development Commission permit for Construction of Berth 26 Wharf in the Oakland Outer Harbor. The recommendation was approved on passage of Resolution No. 31087. Amendment to Fiscal Year 1988-89 Operating Budget was the subject of a memo to the Board from the Executive Director, notifying the Board of the budget adopted in July which shows operating income before depreciation at $42.3 million, an increase of $6.7 million from FY 1988. Approximately $2.6 million was eliminated from operating expenses prior to the adoption of the FY 1988-89 budget with the Board expressing a desire to review the budget performance at the end of the first quarter with a view to restoring some of the programs which had been eliminated. It was recommended that the Board approve certain budget adjustments and new or expanded programs. Aviation revenues are to be increased by $461,000.00 to reflect mid-year rate adjustments and rental of additional space, and expenditures will be increased by $161,000.00 to reflect overtime expenditures. Maritime revenues are to be decreased by $500,000.00 to reflect below budget growth, and expenses should be decreased by $500,000.00 to reflect a delay in rental expense. Properties revenues are to be increased by $129,000.00 to reflect a reduction in Jack London Square Parking expenses, and expenses are to be increased by $129,000.00 to reflect a change in accounting practice relating to capitalization of staff costs. Engineering expenses are to be
December 20, 1988 - 6 - increased by $150,000.00 to reflect a slight shift from capital projects to maintenance projects. New programs would include: $115,000.00 for a limited advertising program and additional monies for an air cargo consultant for Aviation; the Maritime Department being increased by $76,000.00 for additional advertising and marketing; Properties Department would add promotional programs for the Oakland Village, the cost of appraisers, and the costs of the Sea Fest at a cost of $81,000.00. Also included in the amendment would be additional personnel and promotional items totaling $137,000.00 and miscellaneous costs totaling $281,700.00 which include the cost of the Kibel, Green, Inc. consultants; staffing and salary changes in the Port Attorney s office and certain Board travel. The recommendation was approved on a motion by Commissioner Sweeney, seconded and passed unanimously; and on passage of Resolution No. 31102 providing monies for expenditures. Approval of Proposed Agreement with Shearson Lehman Hutton Inc., Dean Witter Reynolds, and Morgan Stanley Co. for Consulting and Underwriting Services Related to the Development of a Port Strategic Financial Plan and Issuance of Port Debt was the subject of a memo to the Board from the Executive Director, notifying the Board that the underwriting team was selected to furnish financial consultation and underwriting services in connection with the formulation of a strategic financial plan and the issuance of one or more series of short term financial instruments in an aggregate amount not to exceed $150 million. Shearson Lehman Hutton Inc. was appointed lead and senior book running manager for such issuance, and Shearson was charged with the responsibility of developing the Port s strategic financial plan on or before July 31, 1988. The underwriting team was to be compensated for such services by a management fee equal to $1.33 per $1,000.00 principal amount of notes issued and by the takedown and other underwriting spread. The team provided underwriting services in connection with two series of bond anticipation notes totalling $75 million
December 20, 1988 - 7 - principal amount which were issued in June. The team was paid a management fee of $100,000.00 as part of the final underwriting spread for the BANS. Due to the scope of the strategic financial plan and the time required to address the issues raised during its development, the plan findings and recommendations were presented at the December 6 meeting of the Board. The final element of the planning process, which is to assist the Port is conducting Rating Agency meetings, will be accomplished in 1989. The Board has considered the desirability of amending the management fee for the Senior Managers to reasonably compensate them for their additional work in completing the strategic financial plan and for underwriting services in connection with the next financing of the Port. It was recommended that the Board approve the following additional management fee: Shearson Lehman Hutton Inc., $150,000.00 which includes Whitfield Inc., a Rating Agency Specialist; Dean Witter Reynolds Inc., $25,000.00; and Morgan Stanley Co. Inc., $25,000.00. The management fee will be payable upon completion of the next financing of the Port. Out of pocket expenses incurred during preparation of the strategic financial plan including the rating agency presentation, will be payable when the plan is submitted to the Board and upon receipt of a rating by the Port. The expenses are not to exceed $40,000.00 in aggregate. The recommendation was approved on passage of Resolution No. 31103.
Personnel Items contained in a memo to the Board from the Director of Administration, recommended the appointment of Gary M. Lim, as Junior Civil Engineer, effective January 3, 1989, at $2633.00 per month; Elizabeth E. Donnerstag, as Marine Statistics Clerk, effective December 21, 1988, at $1841.00 per month; Norman C. YU and Robert Wong, as Janitors, effective December 21, 1988, at $1764.00 per month; Zee L. Janko, Intermediate Stenographer Clerk, effective December 21, 1988, at $1670.00 per month. Also recommended was the creation of one part-time position of Port Grants Administrator; six additional positions of Account Clerk; and four additional positions of Senior Accountants.
December 20, 1988 - 8 - Further recommended were the examination announcements for Port Job Researcher and Telephone Operator; the amendment of appointment of Charles F. Schwarz to the position of Port Environmental Planner Assistant to reflect December 21, 1988 as his start date; and a maternity leave of absence for Mary Gonzales Jew, Legal Secretary II, for a period of 123 working days. The recommendations were approved on passage of Resolution No. 31091 for appointments; Resolution No. 31092 for examination announcements; Resolution No. 31093 for amending Schwarz appointment; Resolution No. 31094 for leave of absence; and on an ordinance passed to print for creation of positions. Consultant Agreement to Prepare a Hazardous Materials Procedures Manual was the subject of a memo to the Board from the Chief Engineer, recommending approval to enter into an agreement with Environmental Services Inc. to develop a manual of procedures aimed at ensuring the safety of the public and of Port of Oakland employees who may encounter or handle hazardous materials in the course of their employment. The firm will be compensated for their services at agreed rates for the time actually spent and be reimbursed for expenses up to a total maximum compensation of $100,000.00 with certain additional work available at the discretion of the Executive Director. The recommendation was approved on passage of Resolution No. 31104. Approval to Hire an Environmental Consultant to Work under a Short Term Contract to Provide as Needed Environmental Services was the subject of a memo to the Board from the Chief Engineer, notifying the Board that the Port Environ- mental Divisions is in the process of retaining an environmental consultant to work under a two year term contract for providing on-call environmental consulting services consisting of: environmental inspections/audits of properties that are candidates for acquisition, sale, lease, lease termination or change of lessee; analysis of suspected contaminated materials encountered during constuction activities; compliance with underground storage tank regulations;
December 20, 1988 - 9 - site characterizations; and hazardous materials disposal compliance. The selection process will take approximately six months. Baseline Environmental Consulting is currently under contract to perform field tests and remove contaminatd soil material from the Distribution Center. It was recommended that the Board approve of a supplemental agreement to Baseline s existing contract to perform interim environmental consulting services as needed. The firm would provide consulting services on an as needed basis for a total additional cost of not more than $200,000.00. The recommendation was approved on passage of Resolution No. 31095, United Statf.s-t4exico All Cargo Service Proceeding, D.O.T. Docket 45959 was the subject of a letter to the Board from the Port Attorney, notifying the Board of the proceeding for the purpose of selecting three carriers to provide scheduled foreign air transportation of cargo between certain points in the United States and Mexico. At least four of the initial carrier applications request Oakland as a point of service. Because of filing deadlines, the Port Attorney s office filed a petition for leave to intervene in the case on December
15, 1988. It was recommended that the Board ratify the filing of the necessary Petition for Leave to Intervene with D.O.T. in the case. The recommendation was approved on passage of Resolution No, 31086.
The Kibel, Green Inc. Report was the subject of a letter to the Board from Commissioner Brady, Chair of the Port Board and Staff Structure and Organization Committee, notifying the Board that the firm of Kibel, Green Inc. had been retained to evaluate a conceptual plan for a Port Organization to include a Transportation and a Development arm; to look at long-term land use planning; the potential to the Port for real estate development in the area of "high tech"; and the quality of the Port s developments. The firm was also asked to submit the report within 60 days. The report, under separate cover, has now been prepared within the time frame as required and has covered the charges as requested. Commissioner Brady recommended that the report be accepted and considered by the Board.
December 20, 1988 - 10 - Mr. Harvey Kibel, co-founder of the firm, appeared before the Board to note the charges his firm was given and the approach his firm proceeded with in studying the four tasks. He noted that the firm had engaged Dr. Edward Blakely, professor and Chairman of the Department of City and Regional Planning at the University of California, Berkeley, to specialize in the Bio-technology field. Mr. Kibel specifically noted that prior to the study a "storm of controversy" precluded the retention of his firm; that it was not possible to achieve a consensus on issues and he urged that the community unite to protect an important asset, the Port of Oakland; the scope of the study was limited and addressed only the charges assigned; the study did not involve any recommendations about specific individuals; their findings have not been reviewed by the Board, and it would be inappropriate to proceed with further details until the Board has given direction. In conclusion he noted that discussion with Port personnel, tenants, Commissioners and other third parties were frank and informative and the firm would respect their desire for confidentiality. Mr. Jeff Nerland, engagement manager of the study, appeared before the Board to review the findings which consisted of an executive summary, an action plan, organization structure appropriateness, evaluation of the Port s commercial real estate viability and real estate management, the role of the Port of Oakland in biotec, and other observations. Central to the report and discussion was the bifurcation of trans- portation services from development operations with the creation of an Executive Director, Transportation Services, to focus on traditional Port business and an Executive Director, Port Development and Planning, to focus on high level planning and development. Both Executive Directors, and possibly others, will be reporting to a Chief Executive Officer, who would focus on creating a vision, strategies and tactics away from the day to day operations of the Port.
December 20, 1988 - 11 - After considerable discussion with each member of the Board presenting their views on the matter, questioning the recommendations in the report, strategic issues, public input to the discussion, and a study review period, Commissioner Wasserman moved: 1) that the report be accepted; 2) that the Board adopt the concept of the organization as provided in the report; 3) that the Board instruct staff and general counsel, Port Attorney, to further review the report, prepare specific recommendations in the conceptand prepare the necessary Board action for further implementation of the concept; and 4) that the Board provide mechanics, whether by committee meeting or further Board sessions for additional input from tenant committees and other interested parties. Commissioner Sweeney seconded the motion. President Higgins noted that he would chair a special effort to receive further public input and assistance prior to the next meeting. Commissioner Hunter asked for public input prior to any staff work on the new organization. The motion passed on the following vote: Ayes: Brady, Sweeney, Ward Allen, Wasserman and President Higgins - 5 Noes: Hunter - 1 Abstained: Pineda - 1
The following reports were discussed and ordered filed: Summary of Cash - Port Revenue and Construction Funds as of December 9, 1988. Summary of Cash and Accounts Receivable Port Revenue Fund 770 for the Month of November 1988. Accounts Receivable in Arrears as of November, 30 1988. Delinquent Accounts Referred to Legal Reported as of November 30, 1988. Summary of Claims Paid from Various Funds for the Period November 29, 1988 through December 12, 1988.
December 20, 1988 - 12 - The following resolutions were introduced and passed separately by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Noes: None Absent: None "RESOLUTION NO. 31085 GRANTING VALACAL COMPANY PERMISSION TO PERFORM CERTAIN WORK." "RESOLUTION NO. 31086 RATIFYING THE FILING BY THE PORT ATTORNEY OF PETITION FOR LEAVE TO INTERVENE IN PROCEEDINGS BEFORE THE DEPARTMENT OF TRANSPORTATION IN THE UNITED STATES-MEXICO ALL-CARGO SERVICE PROCEEDING." "RESOLUTION NO. 31087 APPROVING PLANS AND SPECIFICATIONS FOR CONb1RUCTION OF 500 FOOT SHORELINE PATHWAY ALONG SAN LEANDRO BAY, OAKLAND, CALIFORNIA; AND CALLING FOR BIDS THEREFOR." "RESOLUTION NO. 31088 AUTHORIZING TERMINATION OF THE TENANCY OF HELICOPTERS UNLIMITED." "RESOLUTION NO. 31089 AUTHORIZING TERMINATION OF THE TENANCY OF SIERRA MOUNTAIN AIRWAYS." "RESOLUTION NO. 31090 APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF FIVE AND RELOCATION OF ONE AIRCRAFT PASSENGER LOADING BRIDGES TERMINAL I (BUILDING M-103) GATES 10, 11, 12, 14, 15 and 17, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA (A.I.P. 3-06-0170-04), FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THE PORT TO CONTRACT FOR SAID WORK WITHOUT FORMAL COMPETITIVE BID, AND APPROVING AND AUTHORIZING EXECUTION OF A CONTRACT FOR SAID WORK." "RESOLUTION NO. 31091 CONCERNING CERTAIN APPOINTMENTS." "RESOLUTION NO. 31092 APPROVING EXAMINATION ANNOUNCEMENT FOR THE POSITIONS OF PORT JOB RESEARCHER AND TELEPHONE OPERATOR."
December 20, 1988 - 13 - "RESOLUTION NO. 31093 AMENDING A PORTION OF RESOLUTION NO. 31061 APPOINTING CHARLES F. SCHWARZ TO THE POSITION OF PORT ENVIRONMENTAL PLANNER ASSISTANT." "RESOLUTION NO. 31094 RATIFYING GRANTING LEAVE OF ABSENCE TO MARY GONZALES JEW."
"RESOLUTION NO. 31095 APPROVING AND AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENT WITH BASELINE ENVIRONMENTAL CONSULTING." "RESOLUTION NO. 31096 AUTHORIZING EXECUTION OF CERTAIN LICENSE AND CONCESSION AGREEMENTS." "RESOLUTION NO. 31097 FINDING AND DETERMINING THAT A REQUEST FOR PROPOSALS FOR SECURITY GUARD SERVICES AT THE METROPOLITAN OAKLAND INTERNATIONAL AIRPORT IS FOR SERVICES WHICH CONSTITUTE PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING SAID REQUEST FOR PROPOSALS." "RESOLUTION NO. 31098 ACCEPTING AMENDMENT TO GRANT OFFER OF THE UNITED STATES OF AMERICA AND AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO GRANT AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION UNDER PROJECT NO. 3-06-0170-09, CONTRACT NO. DTFA08-88-C-30330." "RESOLUTION NO. 31099 APPROVING AND AUTHORIZING EXECUTION OF SIXTH AMENDMENT TO CONTRACT WITH CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS (UNION POINT BASIN LOAN)." "RESOLUTION NO. 31100 APPROVING AND AUTHORIZING EXECUTION OF FIRST AMENDMENT TO THE DEPARTMENT OF FISH AND GAME WILDLIFE CONSERVATION BOARD STANDARD AGREEMENT FOR THE SAN ANTONIO FISHING PIER." "RESOLUTION NO. 31101 AWARDING CONTRACT FOR INSTALLATION OF SECURITY SYSTEM, JACK LONDON SQUARE, OAKLAND, CALIFORNIA." "RESOLUTION NO. 31102 AMENDING RESOLUTION NO. 30818 APPROPRIATING CERTAIN MONEYS TO PROVIDE FOR THE EXPENDITURES PROPOSED TO BE MADE BY THE ESTIMATED BUDGET OF THE PORT OF OAKLAND FOR THE FISCAL YEAR 1988-1989."
December 20, 1988 - 14 - "RESOLUTION NO. 31103 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH SHEARSON LEHMAN HUTTON, INC., DEAN WITTER REYNOLDS, INC. AND MORGAN STANLEY CO., INCORPORATED FOR CONSULTING AND UNDERWRITING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 31104 FINDING AND DETERMINING THAT A PROPOSED AGREEMENT WITH ENSCO ENVIRONMENTAL SERVICES, INC. FOR CONSULTING SERVICES CONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICES; AND AUTHORIZING EXECUTION OF SAID AGREEMENT." "RESOLUTION NO. 31105 AUTHORIZING THE PORT ATTORNEY AND THE PORT S CHIEF FINANCIAL OFFICER TO ENTER INTO NEGOTIATIONS WITH THE SUMITOMO BANK, LinprEo, SAN FRANCISCO BRANCH, REGARDING MODIFICATION OF CERTAIN PROVISIONS OF DOCUMENTS RELATING TO THE PORT S ACES, SERIES 1984." "RESOLUTION NO. 31106 AUTHORIZING PORT ATTORNEY AND THE CHIEF FINANCIAL OFFICER OF THE PORT TO ENTER INTO NEGOTIATIONS WITH THE STATE OF CALIFORNIA REGARDING THE PORT S SMALL CRAFT HARBOR REVENUE BONDS." "RESOLUTION NO. 31107 AUTHORIZNING EXECUTION OF FIRST SUPPLEMENTAL AGREE MATSON TERMINALS, INC." "RESOLUTION NO. 31108 AUTHORIZING EXECUTION OF SIXTH SUPPLEMENT AL. ACREEMENT WITH MATSON TERMINALS, INC." Port Ordinance No. 2845 being, "AN ORDINANCE AMENDING SECTION 5.021 OF PORT ORDINANCE NO. 867 CREATINGONE ADDITIONAL POSITION OF ADMINISTRATIVE SECRETARY", and Port Ordinance No. 2846 being, "AN ORDINANCE AMENDING SECTION 2 OF PORT ORDINANCE NO. 1166 RELATING TO THE CONTRIBUTIONS OF THE PORT OF OAKLAND TOWARD THE COST OF EMPLOYEE GROUP HEALTH INSURANCE", were read a second time and passed by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Noes: None Absent: None
December 20, 1988 - 15 - Port Ordinance No. being, "AN ORDINANCE AMENDING SECTIONS 7.021 AND 7.042 OF PORT ORDINANCE NO. 867 AND ADDING SECTION 8.0614 THERETO CREATING FOUR ADDITIONAL POSITIONS OF SENIOR ACCOUNTANT, SIX ADDITIONAL POSITIONS OF SENIOR ACCOUNT CLERK AND ONE NEW POSITION OF PORT GRANTS ADMINISTRATOR (PART-TIME)", was read a first time and passed to print by the following vote: Ayes: Commissioners Brady, Hunter, Pineda, Sweeney, Ward Allen, Wasserman and President Higgins - 7 Noes: None Absent: None At the hour of 5:05 p.m. the Board entered into closed session as previously announced by President Higgins and reconvened in open session at the hour of 6:38 p.m. President Higgins informed the Board that at the next regular meeting, January 3, 1989, the meeting will start at 2:00 p.m. with proper notice given and with all subjects to be held in formal session. At 2:00 p.m. the Board will receive the Intermodal Interface Program presented by the Marine Terminals Department. Beginning at 3:00 p.m. the Board will receive public input from interested parties on their views on the refinement and implementation of the proposed organizational concepts that were discussed at the meeting. The Executive Director expressed his previous concerns and disagree- ments with the proposed Port reorganization. He noted that his concern led to the Kibel, Green review and that the study agreed with the Board s previous direction. He noted that he believed the concept to be wrong, and it would emphasize real estate development at the expense of maritime and aviation activities. He noted that there was disagreement between the majority of the Board and himself on management styles and organizational structure. As he could not support the Board s decision, he announced that he would resign as previously stated. He noted that he would provide full cooperation as the Board transfers
December 20, 1988 - 16 - to a new organizational structure. His closing statement also contained a statement requesting that the maritime and aviation programs of the Port not be neglected by the Board. At the hour of 6:45 p.m. the meeting was adjourned on a motion duly made and seconded.
Secretary
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