Continued Meeting of the Board of Port Commissioners Monday, September 23, 2002 — 1:30 PM
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BOARD OF PORT COMMISSIONERS OF THE COMMISSIONERS PORT OF OAKLAND TAY YOSHITANI 530 Water Street Executive Director FRANK KIANG Oakland, California 94607 President DAVID L. ALEXANDER TELEPHONE: (510) 627-1100 Port Attorney JOHN PROTOPAPPAS First Vice President JOHN T. BETTERTON Secretary of the Board PATRICIA A. SCATES Second Vice President DARLENE AYERS-JOHNSON APPROVED DAVID KRAMER PHILLIP H. TAGAMI MINUTES PETER URIBE Regular Meeting of the Board of Port Commissioners Tuesday, July 16, 2002 - 3:00 PM ROLL CALL Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice- President Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang were present. OPEN SESSION President Kiang called the Board into session at 3:12 p.m. Port Attorney David Alexander recommended that the Board enter into Closed Session to discuss the items below. Commissioner Tagami made a motion seconded by Commissioner Ayers-Johnson that the Board enter into closed session. The motion carried by the following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe and President Kiang CLOSED SESSION 45 Conference With Legal Counsel – Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (6 matters) 46 Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of Section 54956.9: Name of cases: Port of Oakland v. Mardeco, Inc. et al, United States District Court, Northern District of California Court Case No. C 02 0702 EDL 1 Vice President Scates recused herself during the discussion of Port of Oakland v. Mardeco, Inc. et al Building and Construction Trades Council of Alameda Co. (Union) and Davillier- Sloan, Inc./Parsons Construction, Inc. (Employer) (Dollar Rent-a-Car), a Matter of Arbitration, McKay Case No. 02-008 47 Conference With Legal Counsel – Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (c) Section 54956.9 (1 matter) 48 Conference With Real Property Negotiator, as provided under Government Code Section 54956.8, under negotiations: Property: Oakland Army Base Negotiating Parties: Port, Oakland Base Reuse Authority, City of Oakland, and Oakland Redevelopment Agency Under Negotiation: Price and Terms of Payment Property: 34 Acres on Pardee Drive Swan Way Negotiating Parties: Port of Oakland and Commercial Real Estate/Aviation Under Negotiation: Price and Terms of Payment Property: Selected Locations Negotiating Parties: Port of Oakland and Various Tenants Under Negotiation: Price and Terms of Payment 49 Conference with Labor Negotiator, as provided under Government Code Section 54957.6. Agency Negotiator: John Glover Employee Organization: Unrepresented and Management Employees OPEN SESSION The Board re-entered Open Session at 4:28 p.m. CLOSED SESSION REPORT Port Attorney David Alexander reported that the Board had reached consensus on Closed Session Item number 49 (Labor Negotiations) and would take a vote in Open Session on Item 44s related those negotiations. Mr. Alexander reported that Closed Session would need to be continued later in the meeting to finish the remaining items. PRESIDENTS REPORT President Kiang thanked former President Tagami for his leadership on the Board and presented him with a gift of appreciation from the Board. He called on former Vice-President Ayers- Johnson who spoke fondly about Commissioner Tagamis Presidency, and how much she had enjoyed being part of it. President Kiang reported that Vice-President Scates had recently been named one of the 75 most Influential Business Women by the SF Business Times President Kiang presented a proclamation from Mayor Jerry Brown honoring Airport Volunteers and proclaiming it Airport Volunteers Appreciation Day in Oakland. EXECUTIVE DIRECTORS REPORT Executive Director Yoshitani reported that the Port had received an award from the Community Health Charities of California for demonstrated enthusiasm and involvement. He reported on the grand opening of a compressed natural gas vehicle station at the airport and the accompanying trade fair which showcased pollution reducing alternatives. He announced the upcoming West Oakland Community Day, on July 20 th where citizens would tour the port facilities and the Hanjin Terminal. SPECIAL OPEN FORUM nirty-eignt ruaiic bpeaKers nom the Last bay /Alliance tor a bustaina p ie tconomy (LtifAbL) signed up to speak in Open Forum on Measure I (Living Wage). Commissioner Tagami made a motion to hear five representatives of EBASE prior to the scheduled Open Session to accommodate the group. The Motion was seconded by Commissioner Ayers Johnson and approved by consensus. The following six people from EBASE spoke: Kirsten Cross, Odus Hall, Damin Woodard, Judy Goff Pastor Lucy Kolin and Maria Benitez. COMMITTEE REPORTS Vice-President John Protopappas reported on the July 3rd Meeting of the Commercial Real Estate Committee. He reported that the Committee had recommended to the full Board the following regular items from the Board Calendar: 19. Recommended Approval of Fiscal Year 02-03 Annual Target Rental Rates for License and Concession Agreements. (Resolution 02228) 20. New License and Concession Agreement with East Bay Regional Park District for Parcel Located at Oakport Street Near 66 th Avenue. (Resolution 02229) A motion to approve the Resolutions was made by Vice-President Protopappas and seconded by Commissioner Uribe. The motion carried by the following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang Vice-President Patricia Scates reported on the July 11th meeting of the Audit, Budget Finance Committee. She stated that the Committee had recommended to the full Board the following items from the Board Calendar: 31. Approval of the Capital Improvement Award Program and Financing Plan for Fiscal Year Ending June 30, 2003. (Resolution 02232) 32. Approval of Issuance of Port of Oakland Revenue Bonds, 2002 Series L and M and Certain Related Actions. (Resolution 02233) 33. Extension of Letter of Credit with Bank of America, N.A. and Morgan Guaranty Trust Company of New York Supporting Up to $150,000,000 of the Port of Oaklands Commercial Paper Notes, Series D, E and F. (Resolution 02234) A motion to approve the Resolutions was made by Vice-President Scates and seconded by Vice-President Protopappas. The motion carried by the following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang Commissioners Phillip Tagami and Darlene Ayers-Johnson reported on the July 8 th Meeting of the Aviation Committee and the continuation of that meeting on July 12 th . Commissioner Tagami recused himself from the discussion both at Committee and at the Board Meeting on Items 10 11, and Commissioner Ayers-Johnson reported on those two items. Commissioner Tagami on behalf of the Committee recommended the following items to the full Board: 1. Approval to Produce the Oakland International Airport 75 th Anniversary Air Show. (Resolution 02216) 3. Authorization to Extend Local Advertising Agreement with Carol H. Williams Advertising for FY2002-03 Budget Period. (Resolution 02217) 4. Ratification of Addendum and Award of Contract for Realignment of Langley Street and Widening of Doolittle Drive, North Field, OIA. (Resolution 02218) 5. Award of Contract for Overlay and Extension of Taxiway C, North Field, OIA. (Resolution 02219) 6. Ratify Addendum, Reject all Bids and Receive New Bids for Aircraft Sound Insulation Program, Phase 2, A.I.P. 3-06-010-26 and Phases 3, 4 5, Bay Farm Island, Alameda, California. (Resolution 02220) 7. Authorization to Include Construction of the Electrical Substation for South Airport Tenants in the Ports Small Business Program, OIA. (Resolution 02221) 9. Ratification of Change Order to Contract for Improvement of Runway and Taxiway Lighting, Marking and Control System, South Field, OIA – Add Control Cables and Repeaters; and Rephasing of Contract Work. (Resolution 02222) 14. Approval and Authorization for Execution of an Amendment to the Relocation Agreement with the East Bay Municipal Utility District for Airport Roadway Project, OIA. (Resolution 02226) A motion to approve the Resolutions was made by Commissioner Ayers- Johnson and seconded by Vice-President Protopappas. The motion carried by the following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang SUMMARY ITEMS A motion was made by Commissioner Tagami and seconded by Vice- President Protopappas to approve the following Summary Items: 15s Authorization to Sign Agreement with the Federal Aviation Administration (FAA) to Install Noise Monitoring System Equipment at their Northern California TRACON Facility. (Resolution 02227) 16s First Reading of Ordinance Approving Additional Signatories to the Airline Operating Agreement and Space/Use Permit at Oakland International Airport. (Ordinance passed to print) 21s Hilton Hotels Corporation Lease Amendment – Revised Legal Description. (Resolution 02230) 22s Approval for Executive Director to Enter into a Memorandum of Understanding with BCDC to Process the Ports Application for a Seaport Plan Amendment and a Bay Plan Amendment.