agenda sheet

COMMISSIONERS

CELSO D. ORTIZPresident

DAVID KRAMERFirst Vice President

JOHN LOHSecond Vice President

ADA C. COLEROBERT L. HARRIS

JAMES B. LOCKHARTBECKY L. TAYLOR

BOARD OF PORT COMMISSIONERSOF THE

PORT OF OAKLAND530 WATER STREET

OAKLAND, CALIFORNIA 94607

TELEPHONE (510) 272-1100

CHARLES W. FOSTERExecutive Director

DAVID L. ALEXANDERPort Attorney

CHRISTOPHER C. MARSHALLSecretary of the Board

CALENDARRegular Meeting of the Board of Port Commissioners

Tuesday, May 20, 1997, 3:00 p.m.

ROLL CALL:

Commissioners Cole, Harris, Kramer, Lockhart, Loh,Taylor and President Ortiz

READING OF THE MINUTES:

Regular meeting of April 15, 1997; adjournedmeeting of April 29, 1997; and regular meeting ofMay 6, 1997.

ITEMS REOUIRING CLOSED SESSION:

See Item 40

REPORT OF PRESIDENT:

REPORT OF EXECUTIVE DIRECTOR:

REPORT OF CHIEF FINANCIAL OFFICER:

Presentation of Draft Budget for 1997-98.

Regular MeetingMay 20, 1997

READING OF SUMMARY ITEMS: (Marked "S")

9 Items.

Action by the Board under "Reading of SummaryItems" means that all of the matters listed havebeen summarized and are considered to beperfunctory in nature and will be adopted by onemotion and appropriate vote. Summary items may beremoved from the summary for discussion at thepleasure of the Board.

ITEMS FOR DISCUSSION AND POSSIBLE ACTION:

AIRPORT

1 Ratify Transfer of Roofing Subcontractor's Workfor "Seismic Improvements to Building M-101,Terminal 1, South Airport, MOIA." (Resolution)

2S Approval of New License and Concession Agreementwith City Bird, S.A. (#1 Airport Drive, SouthAirport). (Resolution)

3S Approval of Extension of Right of Entry andIndemnity Agreement for Federal ExpressCorporation (#1 Airport Drive, South Airport).(Resolution)

4S Agreement with U.S. Department of Agriculture forPredator Abatement Program. (Resolution)

COMMERCIAL REAL ESTATE

11S Approval of Plans and Specifications forReplacement of Fuel Storage Tank EF-04 at FireStation #2, 100 Jack London Square. (Resolution)

MARITIME

21S Approval of Plans and Specifications forDemolition of Building D-243, HarborTransportation Center. (Resolution)

22S Establish Crane Rental Charges in Port of OaklandTariff 2-A for New Cranes X-438 and X-439 at Berth23. (Ordinance)

OPERATIONS

31 Personnel Items: Appointment; and Revision of JobSpecification. (Resolutions)

32 Request for Port Participation in FeasibilityStudy for Proposed Pan Pacific Exposition.(Resoltuion)

33S Travel Authorization. (Resolution)

2


34S NEW Award of Contract for Construction of SecurityITEM Fencing for Port of Oakland Facilities for the

Period Commencing June 1, 1997 and Ending May 31,1998, 1999 or 2000. (Resolution)

35S NEW Award of Contract for Furnishing Labor, MaterialsITEM and Equipment for Paving, Grading and Associated

General Contractor Services for Port of OaklandFacilities for the Period Commencing June 1, 1997and Ending May 31, 1998, 1999 or 2000.(Resolution)

CLOSED SESSION

40 Under Separate Cover by Secretary of the Board.

BUILDING PERMIT APPLICATION: ("S")

Bank of America, improvements for installation ofATM at the Washington Street Parking Garage.

Vote on the following Resolutions:Ayes: Commissioners Harris, Loh, Lockhart, Taylor

and President Ortiz - 5Noes: NoneAbsent: Commissioners Cole and Kramer - 2

RESOLUTIONS:

97153 1 CONSENTING TO ASSIGNMENT AND TRANSFER OF ROOF WORKCONTRACTOR FOR SEISMIC IMPROVEMENTS TO BUILDING M-101, TERMINAL 1, SOUTH FIELD, METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA.(Airport - 1)

97154 2 APPROVING AND AUTHORIZING EXECUTION OF CERTAINLICENSE AND CONCESSION AGREEMENT WITH CITY BIRD,S.A., A. BELGIUM CORPORATION. (Airport - 2S)

97155 3 APPROVING AND AUTHORIZING EXECUTION OF CERTAINRIGHT-OF-ENTRY AND INDEMNITY AGREEMENT WITHFEDERAL EXPRESS CORPORATION. (Airport - 3S)

97156 4 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH U.S. DEPARTMENT OF AGRICULTURE FOR PREDATORABATEMENT PROGRAM CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF AGREEMENT.(Airport - 4S)

97157 5 APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENTOF FUEL STORAGE TANK EF-04 AT FIRE STATION 32, 100JACK LONDON SQUARE, OAKLAND, CALIFORNIA, ANDCALLING FOR BIDS THEREFOR.(Commercial Real Estate - 11S)

97158 6 APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITIONOF BUILDING D-243, HARBOR TRANSPORTATION CENTER,OAKLAND, CALIFORNIA, AND CALLING FOR BIDSTHEREFOR. (Maritime - 21S)

3


97159 7 CONCERNING CERTAIN APPOINTMENT. (Operations - 31)

97160 8 APPROVING REVISED JOB SPECIFICATION FOR THEPOSITION OF ASSOCIATE PORT ENVIRONMENTAL PLANNER.(Operations - 31)

97161 9 APPROVING AND AUTHORIZING AN AGREEMENT WITH THECITY OF OAKLAND FOR A PAN PACIFIC EXPOSITIONFEASIBILITY STUDY, AND AUTHORIZING EXPENDITURE OFPORT FUNDS. (Operations - 32)

97162 10 CONCERNING CERTAIN TRAVEL. (Operations - 33S)

97163 11 AWARDING CONTRACT TO ARROW FENCING, FORCONSTRUCTION OF SECURITY FENCING FOR PORT OFOAKLAND FACILITIES FOR THE PERIOD COMMENCING JUNE1, 1997 AND ENDING MAY 31, 1998, 1999 OR 2000,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDER. (Operations - 34S)

97164 12 AWARDING CONTRACT TO GALLAGHER & BURK, FORFURNISHING LABOR, MATERIALS AND EQUIPMENT FORPAVING, GRADING AND ASSOCIATED GENERAL CONTRACTORSERVICES FOR PORT OF OAKLAND FACILITIES FOR THEPERIOD COMMENCING JUNE 1, 1997 AND ENDING MAY 31,1998, 1999 OR 2000, OAKLAND, CALIFORNIA, FIXINGTHE AMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Operations - 35S)

97165 13 GRANTING BANK OF AMERICA NATIONAL TRUST ANDSAVINGS ASSOCIATION PERMISSION TO PERFORM CERTAINWORK. (Blanket Authority)

97166 14 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENTWITH NATIONAL LAW RESOURCE, INC. FOR SALE OFSURPLUS LAW BOOKS. (Resolution Only)

Vote on the following Ordinances:Ayes: Commissioners Harris, Loh, Lockhart, Taylor


ORDINANCES

1 Port Ordinance No. 3367 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, CREATING,RETITLING AND ADDING ADDITIONAL POSITIONS."

Final.

2 Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TOCONTAINER CRANE ASSIGNMENT AND RENTAL RATES."

Maritime - 23S to print.

APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, June 3, 1997 at3:00 p.m.

4

BOARD ACTION REQUIRED:

ri MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

ao MOW, t ;ralky

C / MAY 2 0 1997

DATElx1

I I

Board of Port Commissione... - PORT OF OAKLAND

Agenda SheetSUBJECT: Ratify Transfer of Roofing Subcontractor's

Work for "Seismic Improvements to Building M-101,Terminal 1, South Field, MOIA"

SUBMITTED BY: Frederick R. Ferrir-^-‘,--)

Date- May 9n, 1997

Item No 1

PROGRAM AREA

FT Airport Operations

Commercial Real Estate

Maritime Operations

Overall OperationsEXECUTIVE OFFICE RECOMMENDATION:

FACTUAL BACKGROUND:

The Port currently has a contract with South Bay Maintenance Co., Inc., (SBM) for theSEISMIC IMPROVEMENTS TO BUILDING M-101, TERMINAL 1, SOUTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA.SBM has notified the Port that its listed subcontractor, Dave's Roofing & Repair, isrequesting permission to transfer the remaining portion of its roofing work to anotherroofing contractor, Fidelity Roofing. Under Section 4107 (b) of the California PublicContract Code, a listed subcontractor may voluntarily transfer its portion of the workto another contractor with the consent of the awarding authority.

The Port has received a copy of the letter from Dave's Roofing « Repair, a Sunnyvale• firm, informing SBM that they are requesting permission to transfer the remaining

portion of their roofing work to Fidelity Roofing, an Oakland-based firm.

The Port's Office of Equal Opportunity has been consulted on this matter and they haveno objections.

Due to the critical nature of the roofing work, in order to re-establish the projectschedule and protect our tenants' assets, it was imperative that the new subcontractorbe allowed to begin work immediately. Accordingly, the Chief Engineer directed thatthe requested transfer be implemented immediately.

RECOMMENDATION:

It is recommended that the Board ratify the Chief Engineer's action regarding thevoluntary transfer request made by Dave's Roofing & Repair for its subcontract work;that Dave's Roofing & Repair be deleted as the listed subcontractor to perform theroofing work; and that Fidelity Roofing be added as the subcontractor to perform saidwork.

SUBMITTED BY: Frederick R. Ferrirl6e,_7/490,EXECUTIVE OFFICE RECOMMENDATION:

Berkeley Builders, Inc: dba BBI Construction Oakland, CA

MEDDCO Metals Hayward, CA

West Coast Contractors, Inc. Fairfield, CA

$1,265,000.00

-TOTAL 13,1,SEBIDDER LOCATION bib PtZldz

11-

South Bay Maintenance Company, Inc. Oakland, CA $1,118,278.69

CICO - Commercial & Interiors Constr., Inc. San Francisco, CA $1,194,544.00

Vitton Construction Company, Inc. San Leandro, CA $1,239,700.00

San Francisco, CA $1,261,000.00A.R. Construction Company

Board of Port Commissioners - PORT OF OAKLAND

Agenda Sheet.SUBJECT: Award of Contract for Seismic

Improvements to Building M-101,Teminal 1, South Field, MOIA

Date: August S; VIRG

Item No 3S

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

Seven bids were received and opened on July 25, 1996, for SEISMIC IMPROVEMENTS TO BUILDINGM-101, TERMINAL 1, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA. The following bids were received:

A copy of the bid canvass is on file. The engineer's estimate for the total work is $1,180,000. TheCapital Budget for Fiscal Year 1996 provides for the work under CIP Item No. A2.0479.01, and thelow bid is within the budget.

This work is required to increase the resistance to lateral loads which might be imposed by futureearthquakes. The work to be done will increase the lateral load capacity to the level required bycurrent building codes.

South Bay Construction Company is a minority-owned Oakland-based business, and has listed sixsubcontractors of which one is an MBE that will be doing approximately 2% of the contract work.South Bay Construction Company will be performing 46% of the work. Accordingly, it isrecommended that South Bay Construction Company be considered to be a responsible bidder forthe purposes of this contract. The Port's Office of Equal Opportunity concurs with thisrecommendation.

DARD ACTION REQUIRED: MAY 2 a 1997

MOTION BOARD ACTION TAKEN DATE)T RESOLUTION

ORDINANCE

INFORMATION ONLY

CONTRACTOWSURCONTRACTOgS

MINORITY;LOCATION ETHNICITY. ' pusiNps3 ::8tit3bc*itRAci-ots

L31D 10 .:iTO PRIME

Dave's Roofing Sunnyvale, CA Caucasian $24,500

No $11,500Millenium San Jose, CA Caucasian

Yes $19,200Coast Environmental Watsonville, CA Hispanic

Johnson Western Gunite San Leandro, CA Caucasian . No $14,500

Mission City Reber Livermore, CA Caucasian No $32,367

Concord Iron Works Pittsburg, CA Caucasian No $496,67B

The funding source for this project is Port cash, to be refunded from future PFCs.

RECOMMENDATION:

It is recommended that South Bay Construction Company be found to be a responsible bidder, that thecontract for the above project be awarded to South Bay Construction Company for the amount of its low bidand that all other bids be rejected and bid securities be returned to the respective bidders.

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

RESOLUTION NO. 96271

RESOLUTION AWARDING CONTRACT TOSOUTH BAY MAINTENANCE COMPANY, INC.,FOR SEISMIC IMPROVEMENTS TO BUILDINGM-101, TERMINAL I, SOUTH FIELD,METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA, FIXINGTHE AMOUNT OF BONDS, REJECTING ALLOTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS.

RESOLVED that the Board of Port Commissioners hereby awardsthe contract for Seismic Improvements to Building M-101, TerminalI, South Field, Metropolitan Oakland International Airport,Oakland, California, to South Bay Maintenance company, Inc., aCalifornia corporation (herein "Contractor"), .as the lowestresponsible bidder, in accordance with the terms of the bidreceived July 25, 1996; and be it

FURTHER RESOLVED that a bond for the faithful performance ofthe work, and a bond to guarantee the payment of all claims forlabor and materials furnished and for amounts due under theUnemployment Insurance Code, each in the amount of Five HundredFifty-Nine Thousand Six Hundred Thirty-Nine and 35/100 DOLLARS($559,639.35) shall be provided by the Contractor as prescribed byapplicable laws and regulations and the contract specifications;and be it

FURTHER RESOLVED that the procedure prescribed by applicablelaws, regulations and the contract specifications shall be takenfor the execution of said contract; provided, however, that saidcontract shall not be binding or enforceable against the Portunless and until it is approved in writing as to form and legalityby the Port Attorney; and be it

FURTHER RESOLVED that the other bids received for saidcontract are hereby rejected and the bid security accompanying saidbids shall be returned to the proper persons.

At a regular meeting held August 6, 1996

Passed by the following vote:

Ayes: Commissioners Cole, Kramer, Lockhart; Loh, Taylorand President Broussard - 6

Noes: None

Absent: Commissioner Ortiz - 1

SUBMITTED BY: Gilbert C. Apodaca

EXECUTIVE OFFICE RECOMMENDATION: Charles W.

Type ofAppointmentTitle/Division

EffectiveDate SalaryNVage

6/2/9 7 $4,360/monthrate "a"

Richmond, Ernest E. Port Electrician- Vacant Budgeted Position Central Facilities Department

Engineering Division

(Item #119B of Staffing Plan)

Civil Service

Name

EMPLOYEES AS OF AS OF AS OF AS OF2/1/91 5/21196 516197 5120/97

Full-Time Employees 612.00 FTE 551.00 FTE 544.00 FTE 544.00 FTE**

Part-lime Employees 2.13 FTE 3.00 FTE 3.00 FTE 3.00 FTE

Relief Telephone Operators 2.98 FTE 3.00 FTE 3.00 FTE

Relief Airport Custodians(Pnl

11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTE

Relief Airport Custodians(Intermittent, PIT)

0.00 FTE 0.00 FTE 0.00 FTE

TOTAL FTE 625.35 FTE 566.98 FTE 558.00 FTE 558.00 FIE**


Agenda SheetSUBJECT: Personnel Items Date: May 20, 1997

- Appointment Item No. 31

- Revision of Job Specifications

FACTUAL BACKGROUND:

APPOINTMENT - Resolutions (1 Reading Required)

It is requested that the Board approve the following appointment:

PROGRAM AREA

1 1 Airport Operations


Maritime Operations

x I Overall Operations

REVISION OF JOB SPECIFICATIONS–Resolution (1 Reading)

It is requested that the Board approve the revision of job specifications for the classification of Associate PortEnvironmental Planner.

CURRENT EMPLOYEE COUNT

FY 96-97 Budgeted FTE: 570.13 FTE

* Statistical breakdown of various Reliefs was not available during this period.** Four new appointments and four separations resulted in same FTE count.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointment and revision of jobspecifications.

BOARD ACTION REQUIRED:APPROVED 13-7 .REBOLCPM4?040.97/.5w 97/6,0 IVIAY 2 () 1997

fl MOTION BOARD C ION TAKEN DATE)FI RESOLUTION

I 1 ORDINANCE

7 INFORMATION ONLY AC4146TANT SECRETARY OF THE BOARD

SUBMITTED BY: JOHN GLOVER

EXECUTIVE OFFICE RECOMMENDATIO


I MOTION

lyal RESOLUTION

ORDINANCE

INFORMATION ONLY

MAY 2 0 1997

DATE


Agenda SheetSUBJECT: REQUEST FOR PORT PARTICIPATION IN

FEASIBILITY STUDY FORPROPOSED PAN PACIFIC EXPOSITION

Date: MAY 20, 1997

Item No 32

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

On April 29, 1997, the Oakland City Council considered a request from the ActingCity Manager to approve an expenditure of $135,000 for a study of the feasibility ofholding a Pan Pacific Exposition in Oakland. The Exposition, proposed for theyears 2000-2001, would be a world's fair-class event; initial projections by theExposition proponents include a construction cost of over $400 million andpotential attendance by 25 million people during an eight-month run, generatingapproximately $900 million in gross revenues. The location under considerationincludes approximately 65 acres within the Port Area between 5th and 9thAvenues along the Oakland Estuary, as well as additional property outside thePort Area extending up Lake Merritt Channel.

The Council authorized City staff to spend $67,500 for the feasibility study, andrequested that the Port fund the balance of the $135,000 study cost.

Port staff has been meeting with City staff and the proposer of the Exposition forseveral months. We believe the Exposition, if successful, would provide greatbenefits for Oakland in public exposure and in business revenues from Exposition-related activities. We also believe there is significant potential for residual benefitsfrom the physical facilities of the fair, including waterfront public access,infrastructure for post-Exposition development projects, and the possibility ofretention of one or more Exposition structures for civic or cultural uses.

We have three significant concerns relative to the availability of the site within theconstraints of the currently-proposed schedule. First, the Port's only break-bulkmarine terminal, the 9th Avenue Terminal, must be relocated to the Oakland ArmyBase and be fully operational in its new location before the Port can release thesite. Second, the Exposition site contains leaseholds that have terms extendingseveral years beyond the proposed date for the Exposition, as well as privately-owned property occupied by live-work tenants. The leases and private propertywould have to be acquired and the tenants relocated before the site could bemade available for the Exposition. Third, the site requires significantenvironmental clean-up activities for which the Port's current schedule alsoextends beyond the Exposition date. Each of these concerns will be expensive toaddress, particularly if the proposed Exposition schedule is to be maintained.

Subject: Request for Port Participation inFeasibility Study forProposed Pan Pacific Exposition

Page 2

The Acting City Manager has stated his position that the Exposition must befunded from private and corporate sources, not through public funds. A primarypurpose of the feasibility study is to ascertain the level of interest and commitmentin the private sector to providing the resources needed for the Exposition. Portstaff concurs that funding for accelerated environmental clean-up and relocation ofcurrent uses on the property should come from Exposition funds, not from Portresources.

It is recommended that any Port contribution to the costs of the feasibility study besubject to the following conditions:

1. The Port be assigned a full and equal position with the City in developingthe final work scope, reviewing and commenting on interim work products, andapproving the conclusions of the study before any public distribution. Neither thestudy nor its results shall be released without Port approval.

2. Either the proposed schedule for the Exposition be immediately adjustedto accommodate the Port's current environmental mediation efforts or, if it reflectsa more accelerated environmental remediation program, it is accompanied by anidentification of non-Port funding sources to fully accomplish the clean-up underthe accelerated schedule.

3. Sources of funding be identified in the feasibility study to reimburse thePort for costs associated with making the site available, including purchase ofprivate property and remaining lease interests, relocation costs for current activitiesand tenants, lost lease revenue from Port .tenants and other related costs.

4. The financial projections for the Exposition be objectively prepared toreflect a fiscally conservative approach to evaluating the feasibility of theExposition.

5. In the event that for any reason, including adherence to the aboveconditions, the study finds that the Exposition is infeasible, all parties to thefeasibility study take joint responsibility for supporting the conclusion that theExposition should not be pursued as proposed.

RECOMMENDATION:

It is recommended that the Board adopt a resolution authorizing the ExecutiveDirector to enter into an agreement with the City Manager to share equally in thecost of preparing a feasibility study for the proposed Pan Pacific Exposition, at acost to the Port not to exceed $67,500, and including the five provisions listedabove.


Agenda SheetUBJECT: CLOSED SESSION

Date:

May 1997

UBMITTED BY: Christopher C. Marshall

KECUTIVE OFFICE RECOMMENDATI

Item No. 40

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

ACTUAL BACKGROUND:-

PERSONNEL AND CONFERENCE WITH LABOR NEGOTIATIONS.PORT OF OAKLAND AND LOCAL 790, as provided for underGovernment Code Section 54957.0 and 54957.6.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.Subdivision (a) of Government Code Section 54956.9.Names of Cases:

City of Oakland v. Keep On Trucking, Inc., et al,U.S. District Court Case No. C-95-03721-CW

East Bay News Service and Sanjiv Handa v. Port of Oakland, et al, Alameda County Superior Court Case No. 773964-2

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATEDLITIGATION. Significant exposure to litigation pursuant tosubdivision (c) of Section 54956.9: One case

ARD ACTION REQUIRED:

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

BOARD ACTION TAKEN DATE

SECRETARY OF THE BOARD

SUMMARY AGENDA OF BOARD CALENDARMay 20, 1997

AIRPORT

2S Approval of New License and Concession Agreementwith City Bird, S.A. (#1 Airport Drive, SouthAirport). (Resolution)

Recommends approval of a new agreement for ticketcounter space in Terminal 1.

3S Approval of Extension of Right of Entry andIndemnity Agreement for Federal ExpressCorporation (#1 Airport Drive, South Airport).(Resolution)

Recommends approval for the ROE for theinstallation of a drop box in the lobby ofTerminal 1.

4S Agreement with U.S. Department of Agriculture forPredator Abatement Program. (Resolution)

Recommends approval to renew an agreement for theabatement program for 5 more years.


11S Approval of Plans and Specifications forReplacement of Fuel Storage Tank EF-04 at FireStation #2, 100 Jack London Square. (Resolution)

Recommends their approval and authority toadvertise for bids for the project.

MARITIME


Recommends their approval and authority toadvertise for bids for the demolition work.

22S Establish Crane Rental Charges in Port of OaklandTariff 2-A for New Cranes X-438 and X-439 at Berth23. (Ordinance)

Recommends approval to set the crane rental ratesfor the new cranes.

OPERATIONS


Recommends approval for the travel of the Port'sdelegation to the annual ACI Meeting.

Summary Agenda of Board CalendarMay 20, 1997Page 2

34S NEW Award of Contract for Furnishing Labor, MaterialsITEM and Equipment for Paving, Grading and Associated

General Contractor Services for Port of OaklandFacilities for the Period Commencing June 1, 1997and Ending May 31, 1998, 1999 or 2000.(Resolution)

Notifies of the bids received and recommends awardof the contract to the low bidder.

35S NEW Award of Contract for Construction of SecurityITEM Fencing for Port of Oakland Facilities for the

Period Commencing June 1, 1997 and Ending May 31,1998, 1999 or 2000. (Resolution)


ORDINANCE

Port Ordinance No. 3367 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, CREATING,RETITLING AND ADDING ADDITIONAL POSITIONS."

Provides for creating, retitling and addingadditional positions.

Item No. 31

DUPLICATEOF rF-OR • •

i x I

Date: May 6, 1997

PROGRAM AREA

n Airport Operations• Commercial Real Estate

Maritime OperationsOverall Operations

iUBJECT: Personnel Items

AppointmentsCreation of Classification and PositionsTitle ChangeExamination AnnouncementTermination

f;.* p r: A.I1A

;UBMITTE BY: Gilbert C. ApodacaEXECUTIVE OFFICE RECOMMENDATION: Charles W. Foster

CA

Name "'Rte./Division Appointment Date SalaryNVage 1Type of Effective

Atienza, Amel A. Port Senior Auditor Civil Service 5/121117 $4,888/month- Reclassification of Audit Department rate "b"

Port Auditor II Position Finance Division- Redesignation of Port

Employee (Item #52B of Staffing Plan)

Fajardo, Thelma- Reclassification of

Port Auditor II Position- Redesignation of Port

Employee

Port Senior Auditor Civil Service 5/12/97 $4,888/monthAudit Department rate "b"Finance Division


Port Senior Auditor Civil Service 5/12/97 $4,888/monthAudit Department rate "b"Finance Division


Port Technical Support Civil Service 5/19/97 $3,955/monthAnalyst III rate "a"

MIS DepartmentCorporate Administrative

Services Division

Koo, Albert- Reclassification of

Port Auditor II Position- Redesignation of PortEmployee

Leeb, Patricia E.- Vacant Budgeted Position


Port Technical Support Civil Service 5/12/97 $3,955/monthAnalyst III rate "a"

MIS DepartmentCorporate Administrative

Services Division

Galtere, Geoffrey E.- New Budgeted Position


Board of Port Commissioners - PORT OF OAKLANDAgenda Sheet

'ACTUAL BACKGROUND:

LPPOINTMENTS - Resolutions (1 Reading Required)

is requested that the Board approve the following appointments:

OARD ACTION REQUIRED:

MOTION BOARD ACTION TAKEN DATEx- RESOLUTIONx• ORDINANCE• INFORMATION ONLY SECRETARY OF THE BOARD

0.00 FTERelief Airport Custodians(Intermittent, P/T)

625.35 FTE 591.98 FTETOTAL F t

0.00 FTE 0.00 FTE

559.98 FTE** 558.00 F I E*-** 11

EMPLOYEES AS OF AS OF AS OF AS OF211/91 4/2/96 4/29/97 5/6/97

Full-Time Employees 612.00 FTE 576.00 FTE 544.00 FTE** 544.00 FTE

Part-Time Employees 2.13 FTE 3.00 FTE 3.00 FTE 3.00 FTE

Relief Telephone Operators 2.98 FTE 2.98 FTE 3.00 FTE***

Relief Airport Custodians(PIT)

11.00 FTE* 10.00 FTE 10.00 FTE 8.00 FTE***

AGENDA -SHEE1, ..iRSONNEL ITEMS–MAY 6, 1997

Page 2

Type of EffectiveName litle/Division Appointment Date Salary/Wage

Arnold, Victoria R. Senior Secretary Civil Service 5/12/97 $3,255/month- Vacant Budgeted Position Airport Operations, Landside rate "c"- Transfer of City Aviation Division

Employee(Item #112A of Staffing Plan)

Smith-Barnes, Samantha Telephone Operator Civil Service 5/12/97 $2,775/month- Vacant Budgeted Position

Airport Operations, Airside rate "c"- Promotion of Part-time Aviation Division

Employee(Item #92B of Staffing Plan)

CREATION OF CLASSIFICATION AND POSITIONS (Items #117A and #119A of Staffing Plan)–Ordinance (2 Readings)

It is requested that the Board approve the creation of the classification and three positions of Diver in the EngineeringDivision at Salary Schedule 101.60 (a--$4,448; b--$4,673; c--$4,909; d–$5,191; e–$5,490) to meet current staffing needs.

It is also requested that the Board approve the creation of an additional position of Port Electrician to meet currentstaffing needs.

TITLE CHANGE–Ordinance (2 Readings)

ft is requested that the Board ratify the title change of the Civil Service Classification of Port Claims Technician toWorkers' Compensation Claims Technician effective retroactively to March 17, 1997, in order to be consistent with thelob specification revision for the same classification.

EXAMINATION ANNOUNCEMENT (Item #120 of Staffing Plan)–Resolution (1 Reading)

It is requested that the Board approve the Civil Service examination announcement for Junior Environmental Planner.

TERMINATION–Resolution (1 Reading)

It is requested that the Board approve the termination of Ms. Sallie B. Grimes, Senior Account Clerk, in the FinanceDivision, for cause, effective the close of the work day of May 7, 1997.

CURRENT EMPLOYEE COUNT FY 96-97 Budgeted Fit: 570.13 FTE

* Statistical breakdown of various Reliefs was not available during this period.

** Count correction--effective date of Government Affairs Specialist is 5/15/97.

*** Count adjusted to reflect correct budgeted FTEs.

ZECOMMENDATION

Hs recommended that the Board of Port Commissioners approve and ratify the preceding appointments, creation of


Agenda Sheet

SUBJECT: Approval of New License and Concession Agreementwith City Bird, SA. (#1 Airport Drive, South Airport)

EXECUTIVE OFFICE RECOMMENDATIO N : ,,,,,------

FACTUAL BACKGROUND:

Date: May 20 1997Item No. 2S

PROGRAM AREA •

Fit Airport Operations

I- 1


I I Maritime OperationsOverall Operations

SUBMITTED BY: Steven J. Grossman

The following License and Concession Agreement is submitted for approval:

LICENSEEPROPERTY DESCR/ PROPOSED AGREEMENTLOCATION RATE DATE

City Bird, S.A. 403sf ticket counter, $125./four-hour use* 5101/97Co. 406.52sf office and or portion thereof

1,887sf bag make-up in Building M-101

*Rate established 7/1194 pursuant to Port Ordinance 1149.

The letter "B" indicates that the Agreement was not previously considered by the Board in establishing a target rate foriegotiation.

This project has been determined to be categorically exempt from requirements of the California Environmental Quality Actand the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions oramendments to leases or license and concession agreements where the premises or licensed activity was previously leased3r licensed to the same or another person, and involving negligible or no expansion of use beyond that previously existing.

lECOMMENDATION:

t is recommended that the Board approve the above-listed agreement.

Awp61‘fileslboardlbditt.cb

AP ROVEM "g730ARD ACTION REQUIRED: MAY 2 0 1997

I I MOTION BOARD MC7ION TAKEN DATEXI RESOLUTION

ORDINANCE

INFORMATION ONLY SECRETARY OF THE BOARDASS759741,37

SUBMITTED BY: Steven J. GrossmanEXECUTIVE OFFICE RECOMMENDATION:

I x l

I1


Agenda Sheet

SUBJECT: Approval of Extension of Right-of-Entry andIndemnity Agreement for Federal ExpressCorporation (#1 Airport Drive, South Airport)

Date:

Item No. 3S

PROGRAM AREA

May 20, 1997

Airport Operations

Commercial Real EstateMaritime Operations

Overall Operations

FACTUAL BACKGROUND:

Federal Express Corporation request approval of an extension of their Right-of-Entry and Indemnity Agreement from 45 daysto 365 days for installation and maintenance of the company's express courier drop box in the Airport Terminal.

Staff has received numerous requests for express courier service drop boxes at the Airport Terminal Buildings. Due tosecurity reasons, response to the requests was delayed until the recent renovation provided space for boxes beyond thesecurity checkpoint.

A Federal Express Interior Drop Box is proposed to be installed in the new elevator lobby area of Terminal I, beyond theTerminal I security checkpoint. The box would provide a convenient and secure location for customers to drop "overnight"letters to be picked up by the courier service. The drop box would occupy approximately 6 square feet. The proposed feefor the drop box is $325.00 per year. This rate is consistent with the rate charged by other California airports for such dropboxes.

The 45-day term would commence May 1, 1997. Approval is requested to extend the term for the Agreement from 45 to365 days, allowing the Right-of-Entry and Indemnity Agreement term to expire April 30, 1998.

This project has been determined to be categorically exempt from requirements of the California Environmental Quality Actand the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions oramendments to leases or license and concession agreements where the premises or licensed activity was previously leasedor licensed to the same or another person, and involving negligible or no expansion of use beyond that previously existing.

RECOMMENDATION:

It is recommended that the Board approve and authorize the extension of the Right-of-Entry and Indemnity Agreement datedMay 1, 1997 with Federal Express Corporation, to and including April 30, 1998.

wp61Nfiles \board \ dropbx.bit

BOARD ACTION REQUIRED: MAY 2 0 1997

I I MOTION BOARD ACTO TAKEN DATE

1X1 RESOLUTIONORDINANCE

INFORMATION ONLY "s4r6414TSECRETARY OF THE BOARD

SUBJECT: Agreement with U.S. Department of Agriculture forPredator Abatement Program

May 20, 1997 Item

4S

Date:

No.

SUBMITTED BY: Steven J. Grossman i9`EXECUTIVE OFFICE RECOMMENDATION:

PROGRAM AREA

Airport Operations


Maritime Operations

I Overall Operations

30ARD ACTION REQUIRED: _ vrfr NVEM ,

2 7/5-6MAY 2 0 7997*O.

MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY


_a Board of Port Commissioners - PORT OF OAKLANDAgenda Sheet

FACTUAL BACKGROUND:

This is a recommendation to renew an agreement with the U.S. Department of Agriculture, Animal Damage ControlDivision, to provide services at the Airport to protect the California least tern, an endangered species, and possiblyDth er endangered or threatened species. The Board of Port Commissioners first approved the Predator AbatementProgram in 1992, and it has proved effective in controlling the major predator and in upholding the Port's 1992Memorandum of Understanding with the Golden Gate Audobon Society to protect the least tern.

The Predator Abatement Program's Scope of Work includes the following:

1. Control predators for the protection of threatened and endangered species at the Airport (the least tern).

?.. Management activities and direct control of predators will be performed by Animal Damage Control inconsultation with the Port of Oakland.

3. Direct Control activities may include, but not be limited to, use of traps and shooting. All activities will becompleted according to appropriate federal, state and local regulations.

Non-target animals will be released on site; target animals and seriously injured non-target animals will beeuthanized unless otherwise specifically provided for.

rhe term of this agreement will run for five years with annual payments not to exceed $10,000, for a maximum total)f $50,000. The Agreement will be executed by the Port Executive Director. The Audobon Society may share the.:osts of the program for the next three years for up to $3,000 per year.

2ECOMMENDATION:

t is recommended that the Board approve an Agreement with the U.S. Department of Agriculture in accordance withhe above provisions.

:berp51 NjfilasOwthdltr.20

011

;UBJECT: Approval of Plans and Specifications forReplacement of Fuel Storage Tank EF-04at Fire Station #2, 100 Jack London Square

;UBMITTED BY: Frederick R. Ferrin

XECUTIVE OFFICE RECOMMENDATION:

Date: May 20, 1997

Item No. 1 1S

PROGRAM AREA

0 Airport Operations


0 Maritime Operations

0 Overall Operations

DATEBOARD ACTION TAKEN


3 MOTION

0 RESOLUTION

ORDINANCE

I INFORMATION ONLY


Agenda Sheet

'ACTUAL BACKGROUND:

'Ians and specifications have been prepared for REPLACEMENT OF FUEL STORAGE TANK EF-04 ATIRE STATION #2, 100 JACK LONDON SQUARE, OAKLAND, CALIFORNIA, and are hereby submitted)1 approval and authorization to advertise for bids.

he work consists of removing the existing 1,000-gallon underground fuel tank and installing one newbove-ground two compartment 1,000-gallon fuel tank with a gasoline and a diesel fuel dispensina system.

his project has been evaluated in accordance with the Port's guidelines for the implementation of the.alifornia Environmental Quality Act (CEQA). This project has been determined to be categorically exemptnder Section 15301 of the Port's CEQA guidelines.

he funding source for the tank removal portion of the project is Port cash. The cost will be chargedgainst Liability Account No. 7342 which was created for removal of underground tanks.

he capital budget for fiscal year 1997 provides far the installation of the new tank under CIP Item No.1.0602.02. The funding source is Port cash.

ECOMMENDATION:

is recommended that the plans and specifications be approved and authorization be granted to advertise1r bids to be received on June 25, 1997.

CARD ACTION REQUIRED: siikrent nvirimorrieato MAY 2 0 1997

Approval of Plans and Specifications forReplacement of Fuel Storage Tank EF-04at Fire Station #2, 100 Jack London Square

May 20, 1997

'iUBMITTED BY: Frederick R. Ferrh&EXECUTIVE OFFICE RECOMMENDATION:


Agenda Sheet3UBJECT: Approval of Plans and Specifications

for Demolition bf Building D-243,Harbor Transportation Center

Date: May 20, 1997

Item No. 21S

PROGRAM AREA

El Airport Operations


Maritime Operations

El Overall Operations

'ACTUAL BACKGROUND:

3 1ans and Specifications have been prepared for DEMOLITION OF BUILDING D-243, HARBORTRANSPORTATION CENTER, OAKLAND, CALIFORNIA, and are hereby submitted for approval andinthorization to advertise for bids.

"he work consists in general of demolition and removal of Building D-243, a 72,000 square foot warehouse.-his work is necessary in order to provide space for maritime-related operations.

`,EQA and NEPA requirements were completed, respectively, with Board certification of the Final EIR/EIS onqoril 4, 1995 and the signing of the Record of Decision by the Navy on May 25, 1995. The National Historic`reservation Act requirements for Recording were completed June 6, 1995, and a Memorandum ofgreement with the State Historic Preservation Officer and the Advisory Council on Historic Preservation/as fully executed on December 22, 1994. Pursuant to California Code of Regulations, Title 14, Division 5,n Abbreviated Regionwide Permit was obtained from the San Francisco Bay Conservation and>evelopment Commission on May 1, 1997.

'he Capital Budget for Fiscal Year 1997 provides for this work under CIP Item No. M6.00543.01. TheJriding source is Port Bonds.

ECOMMENDATION:

is recommended that the plans and specifications be approved and authorization be granted to advertise)r. bids to be received on June 25, 1997.

1,13 OARD ACTION REQUIRED:

MAY 2 o 1997

MOTION BOARD ACTION TAKEN DATE

RESOLUTION

] ORDINANCE

INFORMATION ONLY alikteilltftir SECRETARY OF THE BOARD

May 20, 1997Approval of Plans and Specificationsfor Demolition of Building D--243,Horbor Tronsportotion Center

ti

MAY 2 0 1997APF.Folvod Oviinance

rattiL*4OARD ACTION REQUIRED:

I MOTION

RESOLUTION

ORDINANCE

1 INFORMATION ONLY



Agenda SheetSUBJECT: Establish Crane Rental Charges in Port of Oakland

Tariff 2-A for New Cranes X-438 and X-439 atBerth 23

SUBMITTED BY: Leo R. Brien

EXECUTIVE OFFICE RECOMMENDATION:

Date • May 20, 1997

Item No. 22S

PROGRAM AREA

Airport Operations


X Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

Yusen Terminals, Inc. (YTI) provides terminal services at Berth 23 under a NonexclusivePreferential Assignment with the Port. Two container gantry Krupp cranes are presently assignedto YTI and are designated as X-413 and X-414. On October 29, 1996 the Board declared Kruppcranes X-413 and X-414 surplus and authorized solicitation of proposals for their sale.

Two new post-panamax cranes, X-438 and X-439, manufactured by Zhenhua Port Machinery Co.(ZPMC) were recently delivered to Berth 23. In accordance with the Agreement between YTI and --the Port, the new ZPMC cranes, X-438 and X-439 will be assigned to YTI for primary operations.Primary compensation provisions for cranes X-438 and X439 are already provided for in ourAgreement with YTI. However, the Agreement provides that charges for secondary -use of the newcranes will be based upon the Port's marine terminal Tariff. It is therefore necessary to establishrental rates for the two new cranes in the Tariff.

We have reviewed cost data on the design and construction of the new cranes compared to similarcrane rates at the Port. Based on this review we propose to amend Item 09140 of Port of OaklandTariff 2-A by including cranes X-438 and X-439 at the basic hourly rental rate of $525.00, plusmaintenance and repair charges of $150.00, and a power charge of $40.00, for a total hourly rentalrate of $715.00.

RECOMMENDATION:

Approval of the tariff change as outlined above, to be effective on June 15, 1997.

3UBMITTED BY: Christopher C.. Marshall

EXECUTIVE OFFICE RECOMMENDATION: eC

0 199 7OARD ACTION REQUIRED:

MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: TRAVEL AUTHORIZATION Dame' May 20, 1997

Item No 33S

PROGRAM AREA

Airport Operations


Maritime Operationsx) Overall Operations

`ACTUAL BACKGROUND:-

As provided for in the Port Administrative Manual, it isrecommended that the Board approve the travel of President Celso D.Ortiz, Commissioners Ada C. Cole, Becky L Taylor, John Loh andJames B. Lockhart, to attend the Airport Council International AnnualConference, on or about the period June 20, 1997 to June 26, 1997, inParis, France.

RECOMMENDATION:

It is recommended that the Board pass a resolution authorizingthe above travel and reimbursement of appropriate expenses associatedwith the travel.

jSUBMITTED BY: Frederick R. Ferri - .


BOARD ACTION REQUIRED:pi MOTION

RESOLUTIONORDINANCEINFORMATION ONLY


Agenda Sheetc=-7#19SUBJECT: Award of Contract for Construction of

Security Fencing for Port of Oakland Facilitiesfor the Period Commencing June 1, 1997 andEnding May 31, 1998, 1999 or 2000

Date: May 20. 1997

34o Item No

PROGRAM AREA

I I Airport Operationsr7 Commercial Real Estate


FACTUAL BACKGROUND: NEW ITEMTwo bids were received on May 7, 1997, for CONSTRUCTION OF SECURITY FENCING FOR PORT OFOAKLAND FACILITIES FOR THE PERIOD COMMENCING JUNE 1, 1997 AND ENDING MAY 31, 1998,1999 OR 2000, Oakland, California. The following bids were received:

BIDDERS

LOCATION TOTAL BID PRICE

Arrow Fencing

Philo, CA

$147,580

Golden Bay FencePlus Iron Works, Inc. Alameda, CA $197,360

A copy of the bid canvas is on file. The Engineer's estimate for the work is $140,000.00.

Arrow Fencing, the low bidder, did not list any subcontractors with their bid and intend to perform all of thework themselves. Accordingly, it is recommended that Arrow Fencing be considered to be a responsiblebidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs in thisrecommendation.

The cost of fencing work is included in the Operating Budget for Fiscal Year 1996-97. The funding sourceis Port cash. Other work which may be performed under this contract will be covered by either the operatingor capital budget.

RECOMMENDATION

It is recommended that Arrow Fencing be found to be a responsible bidder, that the contract for the aboveproject be awarded to Arrow Fencing for the amount of its low bid, and that the other bid be rejected andthe bid security returned to the bidder.

MAY 2 0 1997


Agenda SheetSUBJECT: Award of Contract for Furnishing Labor,

Materials and Equipment for Paving, Gradingand Associated General Contractor Servicesfor Port of Oakland Facilities for the PeriodCommencing June 1, 1997 and EndingMay 31, 1998, 1999 or 2000

Date: May 20. 1997

Item No 35S

PROGRAM AREA

Airport OperationsCommercial Real EstateMaritime OperationsOverall Operations

jSUBMITTED BY: Frederick R. Ferri .

EXECUTIVE OFFICE RECOMMENDATION

FACTUAL BACKGROUND: NEW ITEM

Three bids were received on May 7, 1997, for FURNISHING LABOR, MATERIALS AND EQUIPMENT FORPAVINGERANr=. O, AND A SSOCI ATED n GENERAL CONTRACTOR SERVICES FOR PORT OF OAKLANDFACILITIES FOR THE PERIOD COMMENCING JUNE 1, 1997 AND ENDING MAY 31, 1998, 1999 OR2000, Oakland, California. Rather than dollar amounts, bidders for this work bid a percentage of labor coststo be added to the direct labor costs, which compensates the contractor for his overhead, insurance andprofit. The following bids were received:

BIDDERS LOCATION PERCENT BID

Gallagher & Burk, Inc Oakland, CA 39.8%

McGuire and Hester Oakland, CA 40.0%

Bay Cities Paving & Grading, Inc. Concord, CA 98.0%

A copy of the bid canvas is on file.

Subcontracted work for this project is to be performed on an as-needed basis, therefore, a list ofsubcontractors was not required to be submitted with the bid. Instead, the Contractor will be required toachieve the Port's minority participation goals or show a "good faith effort" to do so at the time subcontractorwork is needed and the Contractor is soliciting sub-bids. Accordingly, it is recommended that Gallagher &Burk, Inc., be considered to be a responsible bidder for the purposes of this contract. The Port's Office ofEqual Opportunity concurs in this recommendation.

The cost of repairs to pavements is included in the Operating Budget for Fiscal Year 1996-97. The fundingsource is Port cash. Other work which may be performed under this contract will be covered by either theoperating or capital budget.

RECOMMENDATION

It is recommended that Gallagher & Burk, Inc., be found to be a responsible bidder, that the contract for theabove project be awarded to Gallagher & Burk, Inc., for the amount of its low bid, and that all other bids berejected and the bid securities be returned to the respective bidders.

BOARD ACTION REQUIRED:MOTIONRESOLUTIONORDINANCE v lc-er INFORMATION ONLY Asgrartorr SECRETARY OF THE BOARD/

I x I






TELEPHONE (510) 272-1100


COMMISSIONERS







Tuesday, May 6, 1997, 3:00 p.m.

INFORMAL SESSION:

City and County of San Francisco's Programfor Public Works Projects and Consultants

ROLL CALL:



Regular meeting of April 15, 1997; and adjournedto April 29, 1997 to be deferred.

ITEMS REQUIRING CLOSED SESSION:

See Item 40





9 Items.



AIRPORT

1 This number not used.

2S Approval of Third Supplemental Agreement withSouthwest Airlines Co. (#1 Airport Drive, SouthAirport). (Resolution)

3S Approval of New License and Concession Agreementwith Existing Tenant JetAir Capital, Inc. (8135Earhart Road, North Airport). (Resolution)

4S Approval of Agreement to Renew License andConcession Agreement for the Tetm of One Year orLess with Martinair Holland (#1 Airport Drive,South Airport). (Resolution)

5S Award of Contract for Replacement of Fuel StorageTank LF-02 at Building L-916, North Airport, MOIA.(Resolution)

6S Award of Contract for Construction of Pipe Outfallat Airport Lagoon, South Airport, MOIA.(Resolution)

7S Award of Contract for Installation of TrafficSignals at Terminals 1 and 2, South Airport, MOIA.(Resolution)

8S Approval of Plans and Specifications for theModifications to Existing Electrical Systems,Building L-150 and L-210, North Airport, MOIA.(Resolution)

9 NEW Conditional Consent to Air Terminal Services,ITEM Incorporated's Sublease to The Giant Burger Group

(#1 Airport Drive, South Airport). (Resolution)


11 Authorization to Expend Additional FundsAssociated with Employee Consolidation and AmtrakExpansion of Leased Premises: Port AdministrationBuilding. (Resolution)

12 Request for City Council to Amend Port Area Lineto Delete Parcel for Proposed IKEA Developmentfrom Port Area. (Resolution)

2


MARITIME

21 Relocation or Possible Sale of the Krupp Cranes atBerth 23. (Resolution)

22 Approval of Second Supplemental Agreement withLiftech Consultants, Inc. for Engineering DesignServices for Modifications to Batter Piles atBerth 60-63, Middle Harbor Terminals.(Resolution)

23S Approval of Plans and Specifications forConstruction of AC Overlay at NE Corner of Berth20 Yard, Outer Harbor Terminal. (Resolution)

OPERATIONS

31 Personnel Items: Appointments; Creation ofClassification and Positions; Title Change;Examination Announcement; and Termination.(Resolution and Ordinance)

32 Renewal of Automobile, Airport General Liability,CAPA Umbrella Excess Liability, Public Officials'Errors and Omissions Liability, Excess Worker'sCompensation & Employer's Liability, CranePhysical Damage Insurance Policies. (Resolution)

33 This item not used.

34S Authorization to Amend the Port of Oakland'sDeferred Compensation Plan to Allow for Cost ofLiving Increases to the Maximum Annual DeferralAmount and to Provide for a Mandatory Distributionof Inactive Accounts. (Resolution)

CLOSED SESSION


Vote on the following Resolutions except Number 29:Ayes: Commissioners Cole, Harris, Loh, Lockhart, Taylor

and President Ortiz - 6Noes: NoneAbsent: Commissioner Kramer - 1Vote on Number 19:Ayes: Commissioners Cole, Harris, Lockhart, Taylor

and President Ortiz - 5Noes: NoneAbstained: Commissioner Loh - 1Absent: Commissioner Kramer - 1

RESOLUTIONS:

97134 1 APPROVING AND AUTHORIZING EXECUTION OF A THIRDSUPPLEMENTAL AGREEMENT WITH SOUTHWEST AIRLINES,INC. (Airport - 2S)

97135 2 APPROVING AND AUTHORIZING EXECUTION OF CERTAINLICENSE AND CONCESSION AGREEMENT WITH JETAIRCAPITAL, INC., A CALIFORNIA CORPORATION.(Airport - 3S)

3


97136 3 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO RENEW LICENSE AND CONCESSION FOR ATERM OF ONE YEAR OR LESS WITH MARTINAIR HOLLAND, ANETHERLANDS CORPORATION. (Airport - 4S)

97137 4 AWARDING CONTRACT TO TANK PROTECT ENGINEERING OFNORTHERN CALIFORNIA, INC., FOR REPLACEMENT OF FUELSTORAGE TANK LF-02 AT BUILDING L-916, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS. (Airport - 5S)

97138 5 RELIEVING SITEWORKS CONSTRUCTION, INC. OF ITS BIDFOR CONSTRUCTION OF PIPE OUTFALL AT AIRPORTLAGOON, SOUTH FIELD, METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA;AWARDING CONTRACT TO MCGUIRE AND HESTER, ACALIFORNIA CORPORATION; FIXING THE AMOUNT OFBONDS, REJECTING ALL OTHER BIDS AND DIRECTINGRETURN OF BID BONDS TO BIDDERS. (Airport - 6S)

97139 6 AWARDING CONTRACT TO CIRIMELE ELECTRIC WORKS,INC., FOR INSTALLATION OF TRAFFIC SIGNALS ATTERMINALS 1 AND 2, SOUTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND,CALIFORNIA, FIXING THE AMOUNT OF BONDS, REJECTINGALL OTHER BIDS AND DIRECTING RETURN OF BID BONDSTO BIDDERS. (Airport - 7S)

97140 7 APPROVING PLANS AND SPECIFICATIONS FORMODIFICATIONS TO EXISTING ELECTRICAL SYSTEMS,BUILDINGS L-150 AND L-210, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, AND CALLING FOR BIDSTHEREFOR. (Airport - 8S)

97141 8 APPROVING AND AUTHORIZING EXPENDITURE OF PORTFUNDS FOR EMPLOYEE CONSOLIDATION AND AMTRAKEXPANSION OF LEASED PREMISES: PORT ADMINISTRATIONBUILDING. (Commercial Real Estate - 11)

97142 9 RECOMMENDING THAT THE CITY COUNCIL ALTER THE PORTAREA BY REMOVING THEREFROM OF PRIVATELY-OWNEDPROPERTY CONTIGUOUS TO THE CITY OF MERYVILLEEASTERLY OF THE 1-580/1-880 INTERCHANGE.(Commercial Real Estate - 12)

97143 10 APPROVING AND AUTHORIZING THE SALE OF PORTCONTAINER CRANES X-413 AND X-414 AT BERTH 23,OUTER HARBOR TERMINAL, AND A CONTRACT WITHSHANGHAI ZHENHUA PORT MACHINERY CO., LTD., TORELOCATE THE CRANES IF NECESSARY PENDINGCONSUMMATION OF SAID SALE. (Maritime - 21)

97144 11 FINDING AND DETERMINING THAT A PROPOSED SECONDSUPPLEMENTAL AGREEMENT WITH LIFTECH CONSULTANTS,INC. FOR ENGINEERING DESIGN CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF SAID SECOND SUPPLEMENTAL AGREEMENT.(Maritime - 22)

4


97145 12 APPROVING PLANS AND SPECIFICATIONS FORCONSTRUCTION OF AC OVERLAY AT N.E. CORNER OF BERTH20 YARD, OUTER HARBOR TERMINAL, OAKLAND,CALIFORNIA, AND CALLING FOR BIDS THEREFOR.(Maritime - 23S)

97146 13 CONCERNING APPOINTMENTS. (Operations - 31)

97147 14 APPROVING EXAMINATION ANNOUNCEMENT FOR POSITION OFJUNIOR ENVIRONMENTAL PLANNER. (Operations - 31)

97148 15 TERMINATION APPOINTMENT OF SALLIE B. GRIMES,SENIOR ACCOUNT CLERK. (Operations - 31)

97149 1 AUTHORIZING RENEWAL OF AUTOMOBILE, AIRPORT GENERALLIABILITY, CALIFORNIA ASSOCIATION OF PORTAUTHORITIES UMBRELLA EXCESS LIABILITY, PUBLICOFFICIALS ERRORS AND OMISSIONS LIABILITY, EXCESSWORKERS' COMPENSATION AND EMPLOYER'S LIABILITY,CRANE PHYSICAL DAMAGE INSURANCE POLICIES.(Operations - 32)

97150 17 ADOPTING CERTAIN AMENDMENTS TO THE RESTATEDDEFERRED COMPENSATION PLAN OF THE PORT OF OAKLAND.((Operations - 34S)

97151 18 1) ACCEPTING A SETTLEMENT OFFER FROM SAFEWAY, INC.("SAFEWAY") IN THE AMOUNT OF $80,000.00; 2)AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ASETTLEMENT AAGREEMENT WITH SAFEWAY; 3) ACCEPTING ASETTLEMENT OFFER FROM A. j. WHITE ENTERPRISESDOING BUSINESS AS HARBOR FORKLIFT ("HARBORFORKLIFT") IN THE AMOUNT OF $13,000.00; 4)AUTHORIZING THE EXEUCTIVE DIRECTOR TO EXECUTE ASETTLEMENT AGREEMENT WITH HARBOR FORKLIFT; AND 5)REJECTING A SETTLEMENT OFFER FROM HARTFORDACCIDENT AND INDEMNITY INSURANCE COMPANY ALLCONCERNING CITY OF OAKLAND V. KEEP ON TRUCKINGCOMPANY, INC. ET AL., UNITED STATES DISTRICT COURTCASE NO. C-95-03721-CW ("NINTH AVENUE TERMINALENVIRONMENTAL LITIGATION"). (Closed Session - 40)

97152 19 REGARDING SUBLEASE BY AIR TERMINAL SERVICES,INCORPORATED TO THE GIANT BURGER GROUP, APPROVALOF A SUPPLEMENT TO LEASE WITH AIR TERMINALSERVICES, INCORPORATED AND AUTHORIZING EXECUTIONOF CERTAIN DOCUMENTS. (Airport - 9)

Vote on the following Ordinance:Ayes: Commissioners Cole, Harris, Loh, Lockhart, Taylor

and President Ortiz - 6Noes: NoneAbsent: Commissioner Kramer - 1

ORDINANCES:

1 Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, CREATING,RETITLING AND ADDING ADDITIONAL POSITIONS."

Operations - 31 to print.

5


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, May 20, 1997 at3:00 p.m.

6

II

n MOTION

I X I RESOLUTION

ORDINANCE

INFORMATION ONLY


N'r SECRETARY OF THE BOARD


Agenda SheetSUBJECT: Conditional Consent to Air Terminal Services, Incorporated

Sublease to The Giant Burger Group (#1 Airport Drive, SouthAirport)

SUBMITTED BY: Steve J. Grossman

EXECUTIVE OFFICE RECOMMENDATION: NEw

Date: May 6, 1997

Item No. 9

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

II

TEM I 1

FACTUAL BACKGROUND:

Air Terminal Services, Incorporated (CA One) requests the Port's consent to the sublease of a portion of CA One's foodand beverage concession premises to The Giant Burger Group.

CA One is the Airport's food and beverage concessionaire. In response to a request for qualifications (RFQ) for"disadvantaged business enterprise" (DBE), food and beverage concession subtenants at the Airport, CA One received astatement of qualifications from The Giant Burger Group, an Oakland-based, minority-owned partnership. The partnersown and operate "%lb Giant Burgers ®" restaurants in the East Bay. CA One proposes to sublease to The Giant BurgerGroup the largest of three DBE food and beverage subtenant locations.

The concept proposed is a 50's diner theme with menu similar to the %lb Giant Burgers ® outlets, expanded to offer hotbreakfast entrees in the morning and deli sandwiches in addition to the chili and burgers, chicken and fish sandwichesfrom the grill for the remainder of the day and evening.

The proposed sublease term would be concurrent with CA One's food and beverage Lease continuing to May 31, 2008,Annual gross sales from the sublease premises are projected to be $1.28 million. The rent would commence uponcompletion of the build-out. The proposed minimum rent would be a portion of CA One's total minimum annualguaranteed rent. The proposed rent formula would be $125,000 minimum annual guaranteed rent or 12% of food andnonalcohol beverage annual gross receipts and 15% of alcohol annual gross receipts, whichever amount is greater.

This formula is different from that provided for in CA One's Lease. The effect is to reduce total $1,043,952 minimumannual guaranteed rent to the Port by reducing the minimum rent and percentage due from the DBE subtenants. Thiswould require a supplement to the CA One Lease to reflect this rent structure and reduction in the minimum rent fromthe DBE subtenants. CA One's obligation to pay the same prorate share of the minimum annual guaranteed rent PLUSpercentage rent would remain unchanged.

Current CA One Percentage Rent Formula $1,043,952 minimum annual guaranteed rent PLUS:12% of annual food and nonalcohol beverage gross receipts equal to or between $5,000,000 but less than $700,000,15% of annual food and nonalcohol beverage gross receipts equal to or exceeding $7,000,00015% of annual alcoholic beverage gross receipts equal to or between $2,250,000 but less than $3,500,000 and20% of annual alcoholic beverage gross receipts equal to or exceeding $3,500,000

The current $1,043,952 minimum annual guaranteed rent is allocated as follows: CA One $776,160, The Giant BurgerGroup $145,882, Ice Cream/Yogurt concept $36,450, Concourse Snack Bar concept $85,460.

Providing -the DBE subtenants with lower minimum annual guaranteed rent and a percentage rent against the minimumrent formula would require a revised CA One rent formula as follows:

Revised CA One Percentage Rent Formula $776,160 minimum annual guaranteed rent PLUS:12% of annual food and nonalcohol beverage gross receipts equal to or exceeding 3,400,000 but less than $4,700,00015% of annual food and nonalcohol beverage gross receipts equal to or exceeding $4,700,00015% of annual alcoholic beverage gross receipts equal to or between $2,250,000 but less than $3,500,000 and20% of annual alcoholic beverage gross receipts equal to or exceeding $3,500,000

The lower $1,003,860 minimum annual guaranteed rent would be allocated as follows: CA One $776,160, The GiantBurger Group $125,000, ice Cream Yogurt concept $30,700 and Concourse snack bar $72,000.

BOARD ACTION REQUIRED:IMOLO'f'49

MAY 6 1997

onditional Consent to Air Terminal Services, Incorporatedublease to The Giant Burger Group (#1 Airport Drive, South Airport)lay 6, 1997age 2

he Giant Burger Group's proposed sublease premises are approximately 4,400 square feet located in the Terminal Iibby (Building M-102) where CA One currently operates the public area of the Bay Cafe. The Giant Burger Group wouldbuild-out" the subleased space. The development plans would be subject to approval by CA One, the Port and the City,Oakland. Pursuant to CA One's Lease, the sublessee must invest at least 20% of the minimum $500,000 build-outosts. The Giant Burger Group will provide at least $100,000 of the build-out costs.

he Giant Burger Group proposes to finance through CA One approximately $400,000 (80%) of "build-out the costs.he financed amount would be repaid at an interest rate of 10% per annum over the term of the sublease. Pursuant toA One's Lease, in the event of the sublessee's default on this financial obligations to CA One and CA One is not able torid a replacement DBE sublessee to assume all of the defaulted financial obligation to CA One, then CA One may:cover, through a rent credit from the Port, not more than 50% of the defaulted, CA One-financed amount.

he Giant Burger Group partners have demonstrated a satisfactory credit history and that they have the financiai:sources to support the financial obligations assumed in the sublease and Guaranty of the sublease and Promissorycue ' as well as the working capital for the operational start-up period.

urther, The Giant Burger Group's managing partner, Alex K. Hahn, has demonstrated that he and his operationslanagement staff have the required food and beverage operating experience.

he sublease to The Giant Burger Group would be subject to the terms and conditions of the Lease and Concessiongreement (Food & Beverage Facilities) between the Port and CA One. as amended.

-le Port's EEO Department is reviewing The Giant Burger Group's records for disadvantaged business enterprise (DBE)Jrtification pursuant to requirements of the Federal Aviation Administration.

project has been determined to be categorically exempt from requirements of the California Environmental Qualityct and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,(tensions or amendments to leases or license and concession agreements where the premises or licensed activ.ty was-eviously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond that-eviously existing.

ECOMMENDATION:

is recommended that the Board pass a resolution consenting to the Air Terminal Services, Inc. (CA One) sublease tole Giant Burger Group conditioned upon: 1) within thirty (30) days demonstration to the Port's satisfaction that The/ant Burger Group meets the Port EEO DBE certification requirements; 2) the Port Attorney's review and approval of thetal sublease and related documents; 3) a supplement to CA One's Lease to provide for the reduced minimum annualJaranteed rent, that DBE food and beverage subtenants have a percentage rent against a minimum rent formula in lieuCA One's minimum rent plus percentage rent formula as described above; and 4) The Giant Burger Group submits

:ceptable conceptual plans for build-out of the subleased space for Port approval within sixty (60) days and, submits:ceptable construction plans for Port approval within one hundred and twenty (120) days.

co 1 &brfq\subl hahn.blt

IOARD ACTION REQUIRED:

MOTION

X i RESOLUTION

ORDINANCE

INFORMATION/ v ASSIST/40 "1/L-W1-1

APPIkto'v'ElD 7 mool., • •MAY 6 1997



Agenda SheetAuthorization to Expend Additional Funds May 6, 1997 UBJECT: Dat

with Employee Consolidation 11No and Amtrak Expansion of Leased Premises: Iten-

Port Administration Building PROGRAM AREA

Airport Operations

JBMITTED BY: Joyce Washingto Commercial Real Estate

KECUTIVE OFFICE RECOMMENDATION: Maritime Operations

Overall Operations

NCTUAL BACKGROUND:-

In late 1994, the Commercial Real Estate Division was directed to investigate thepossibilities of consolidating ♦the Port-occupied space at 530 Water Street (PortAdministration Building). The Port entered into a sublease agreement with Amtrak for aportion of the 5th floor. To accommodate Amtrak, it was necessary to relocate twodepartments to other floors. The Port will recapture $908,500 in rent from thistransaction over the 5 year sublease term. In Amtrak's sublease they had the right toexpand the leased premises to include the remaining 7,777 square feet of the 5th floor.

As a result of the Port reorganizational recommendations contained in the 1995 Booz-Allen report, the Port hired an -architect to consolidate the Engineering and FinanceDivisions on the second floor, and the Administration Division to the third floor. Therestacking effort was estimated to cost the Port approximately $500,000.

During the space planning for the restacking, Amtrak exercised its option to expand theleased premises effective July 1, 1997. The space had to be redesigned to accommodate •the relocation of Commercial Real Estate from the 5th floor to the 3rd floor andGovernmental Affairs to the 4th floor. This change, along with revisions in the scope ofwork, increased the budget from $500,000 to an estimated $960,000. A breakdown of theestimate is as follows:

Reorganization Restacking $466,000Commercial Real Estate Moveto 3rd floor due to Amtrak 416,000

Miscellaneous InternalDepartment Changes 78.000

Total $960,000

Amtrak's expansion will increase the rent paid to the Port from $181,702 to $350,000 peryear. It is estimated that the Port will recover its entire investment in moving costs in a2.75 year period.

Recommendation:

It is recommended that the Board of Port Commissioners approve a resolutionauthorizing the expenditure of additional funds associated with the employeeconsolidation and Amtrak expansion of leased premises in the Port headquarters buildinglocated at 530 Water Street, as outlined above.

N

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I 12 0 O

..i r OA K LANDAIPAY

RASE

UNION PACIFICRR YARDS

NOIR°TER • INAL

Approval of New License and Concession Agreement withExisting Tenant United Airlines, Inc. with AccompanyingRental Credit of $250,000 (1 Airport Drive, South Airport)April 15, 1997Page two

Phis project has been determined to be categorically exempt from requirement of the California Environmental Quality Actand the Port CEQA Guidelines pursuant to Class 1 of guidelines Section 15301(p) which exempts: a) renewals, extensions,)r amendments to leases or license and concession agreements where the premises or licensed activity was previously leased)r licensed to the same or another person, and involving negligible or no expansion of use beyond that previously existing;ind b) interior alterations.

1ECOMMENDATION:

t is recommended that the Board approve the above-listed License and Concession Agreement with United Airlines Inc.,ncluding the accompanying rental credit of up to $250,000.

\ wp 61 \ files■board tc-ato.bel

Board of Port Commissh ars - PORT OF OAKLAND

Agenda Sheet1z.97,0SUBJECT: Approval of Specifications for Annual

Contract for Furnishing Labor, Materials andEquipment for Paving, Grading andAssociated General Contractor Services

Date: A pril 15. 1997

3 6S Item No

PROGRAM AREA

APPRO7 ralagArThs?

///APR 1 5/gar

DATE

I X I

jSUBMITTED BY: Fredrick R.

EXECUTIVE OFFICE RECOMMENDATIONs -2- ,F..:-.,,,,,,,,__--


FACTUAL BACKGROUND:

The plans and specifications for an annual contract for the following listed services are beforethe Board for approval:

"FURNISHING LABOR, MATERIALS AND EQUIPMENTFOR PAVING, GRADING AND

ASSOCIATED GENERAL CONTRACTOR SERVICESFOR PORT OF OAKLAND FACILITIES

FOR THE PERIOD COMMENCING JUNE 1, 1997 ANDENDING MAY 31, 1998, 1999 OR 2000"

The specifications for this contract include a provision allowing the Port to renew the contractin one-year increments through May 31, 2000. Renewal of the contract shall only occur ifagreed to in writing by both the Port and the Contractor. Should the contract be renewed, allprovisions of the contract shall apply, including the bid amount for percentage mark-up fordirect labor costs.

This Contract will be used for small projects where it is uneconomical to follow the normalcontracting process and for projects requiring quick response, such as emergency repairs.

Paving and grading repairs are usually done as directed in the field and are difficult to defineprecisely for bid. The chief variable for such work becomes the efficiency with which the effortis managed, and this is best expressed as a surcharge on the labor. Equipment and othercosts are specified at Caltrans' rates. Since individual tasks are difficult to define for bid andusually must be field directed, it is appropriate to bid an annual contract based on a laborsurcharge and to provide for two one-year renewals in order to realize available savings in timeand contract preparation costs.

The cost of paving, grading and associated general contractor services is included in theOperating Budget for Fiscal Year 1997-98. The funding source is Port cash. Other work whichmay be performed under this contract will be covered by either the operating or capital budget.

RECOMMENDATION

It is recommended that the plans and specifications be approved and authorization be grantedto advertise for bids to be received on May 7, 1997.

BOARD ACTION REQUIRED:I MOTION


Adjourned Regular MeetingMarch 17, 1997


12 Items.


ITEMS FOR nTrnqsTON AND POSSIBLE ACTION:

AIRPORT

1S Approval of an Agreement to Extend Right-of-Entryand Indemnity Agreement with GTE Mobilnet ofCalifornia (#1 Airport Drive, South Airport).(Resolution)

2S Award of Contract for Remodeling of Restrooms inBuildings M-103 and M-130, South Airport, MOIA.(Resolution)

3S Approval of Plans and Specifications forConstruction of Pipe Outfall at Airport Lagoon,South Airport, MOIA. (Resolution)

4S Approval of Plans and Specifications for theInstallation of Traffic Signals, Terminals 1 & 2,South Airport, MOIA. (Resolution)

5S Approval of Plans and Specifications to ReplaceFuel Storage Tank LF-02 at Building L-916, NorthAirport, MOIA. (Resolution)

6S First Reading of an Ordinance Granting an Easementto East Bay Municipal Utility District (EBMUD) fora 16" Water Main Extension on Earhart Road andAirport Drive. (Ordinance)


11 Oakland Portside Associates: Business Terms and

Operating Procedures. (Resolution)

12S Recommending Approval of New License and

Concession Agreements - Ii Pescatore Ristorante,Inc., Ed McKay dba Able Telecommunications, KTVU,Inc. (Resolution)

13S Recommending Finding of Public Convenience orNecessity for Approval of the Alcoholic BeverageLicense for the Metropolitan Yacht Club, 15Embarcadero Cove. (Resolution)

2

LICENSEEPROPERTY

LOCATION DESCRIPTION

AGREEMENTDATERATE

..-"

0/ ;76' 7 5 c ri 7 L.7.- />-.7--% MAR 1_ 7 igr

BOARD 4CTION TAKEN DATE

/Z /skr ax ED, SECRETARY OF THE BOAR6r


Agenda SheetSUBJECT: Recommended Approval of New License

and Concession Agreements -Pescatore Ristorante, Inc.,

Ed McKay dba Able Telecommuni ations,KTVU, Inc.

suammm BY: John Aguil

EXECUTIVEOFRCERECOMMENDAT

March 17, 1997 Date•

Item No 12S

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUALBACKGROUND:

The following License and Concession Agreements are submitted for approval:

*A Il Pescatore 77 Jack London 400 sf of $300.00/mo. February 1, 1997Ristorante,Inc. Square storage space in ($.75 psf)

Bldg F-201

Bldg F-201

*B Ed McKay dba 77 Jack London 300 sf of office $360.00/mo. March 1, 1997Able Square, Ste. D space in Bldg ($1.20 psf)Telecommunications Bldg F-201 F-201

*A KIVU, Inc. 5th Ave. & 6,000 sf of

$1,525.00/mo. April 1, 1997Embarcadero storage in Bldg ($.25 psf)Bldg H-108 H-108

RECOMMENDATION:

It is recommended that the Board approve the above listed Agreements.

The letter "A" indicates that the Agreement provides for a rate in anamount equal to at least 90% of the Board's previously specifiednegotiating target rate for the property involved.

The letter "8" indicates that the Agreement was not previously consideredby the Board in establishing a target rate for negotiation.

c:\wpsi\nies\forms\fo rms

30ARD ACTION REQUIRED:

MOTION

X RESOLUTION

1 ORDINANCE

INFORMATION ONLY


Agenda Sheet

Ei

c7,9SUBJECT: Award of Contract for Load Testing of

Piles at Berths 24 and 25, Outer Harbor

SUBMITTED BY: Frederick R.


Date: March 17, 1997

Item No. 23S

PROGRAM AREA


q Commercial Real Estate

Maritime Operations

EjOverall Operations

Location Bid PriceBidders

Alameda, CA $189,620Vortex Diving, Inc.Valentine Corporation San Rafael, CA $147,369

Liongate Corporation Alamo, CA $198,600Diablo Contractors, Inc. San Ramon, CA $213,860Kulchin-Condon & Associates, Inc. Oakland, CA $224,000

FACTUAL BACKGROUND:

Five bids were received and opened on March 5, 1997, for LOAD TESTING OF PILES ATBERTHS 24 AND 25, OUTER HARBOR, OAKLAND, CALIFORNIA. The following bids werereceived:

Valentine Corporation did not list any subcontractors with its bid and intends to perform all of thework themselves. Accordingly, it is recommended that Valentine Corporation be considered to be aresponsible bidder for the purposes of this contract. The Port's Office of Equal Opportunity concursin this recommendation.

A copy of the bid canvas is on file. The engineer's estimate for the work is $198,000.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP Item No. MA.02871.02.The funding source is Port cash.

RECOMMENDATION

It is recommended that Valentine Corporation be found to be a responsible bidder, that the contractfor the above project be awarded to Valentine Corporation for the amount of its low bid, and that allother bids be rejected and the bid securities be returned to the respective bidders.


Oq MAR 1 7 199-i

O MOTION BOARD ACTION TAKEN

Ej RESOLUTION i

O ORDINANCE / /-1-4 17

O INFORMATION ONLY AsisiersurrSECRETARY OF THE BOARD

DATE

q MOTION

RESOLUTION

q ORDINANCE

q INFORMATION ONLY 11'416161"/ SECRETARY OF THE BOARD



Agenda SheetSUBJECT: Ratification of Addendum 1 for

Construction of Berth 24 Yard ImprovementsOuter Harbor Terminal

4f-at EN TSUBMITTED BY: Frederick R. Ferrin,EXECUTIVE OFFICE RECOMMENDATION:

Date: March 17, 1997

Item No. 24S

PROGRAM AREA



Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

On February 18, 1997, the Board approved Plans and Specifications for CONSTRUCTION OF BERTH 24 YARDIMPROVEMENTS, OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA, and authorized the advertisement for bids to bereceived on March 19, 1997.

The Berth 24 yard area was converted into a container storage and handling facility in the late 1970s. Prior to that, the area wasused as a bulk oil storage and distribution facility. Site investigation activities have been conducted since 1980 and findings haveindicated that gasoline and related chemical compounds are present in subsurface soils. The Port anticipates that the gasolineand the related chemical compounds have the potential to impact the proposed construction work within Berth 24 and has initiatedthe preparation of a construction worker scenario risk assessment specifically addressed to the proposed construction work. Inaddition, the Port is conducting a focused Phase 2 site investigation that includes soil and ground water samples at 41 locationswithin the proposed project boundaries. The laboratory data summary of all the tests was scheduled to be published on March 3,1997 and a draft risk assessment report was to be made available to all the bidders by March 14, 1997, five days before the bidsare to be received. A final risk assessment report would not be available until March 31, 1997. This anticipated schedule wasincluded in the project specifications approved by the Board on February 18, 1997.

The consultant performing the testing and the risk assessment work has advised staff that a final risk assessment will be availableto all the bidders on March 18, 1997 instead of the scheduled March 31, 1997. By making the final document available to thebidders on March 18 , 1997, and moving the bid opening date from March 19, 199? to April 2, 1997 we can still award the rnntractat the first available Board meeting in April which is scheduled for April 15, 1997. With this change, the bidders will be basing theirbids on a final risk assessment report rather than a draft document as originally planned. Given this opportunity, the . ChiefEngineer directed that the receipt of bids be delayed from March 19, 1997 to April 2, 1997 and has issued Addendum 1 to eachplan holder notifying them of the change. • e e -- e • ..e -e e ••• •• • e ee• e • e

based on questions from potential bidders.

The approved project specifications included the standard provision that the Board may award the contract at any time notexceeding 45 days after bid opening. At this time, the Maritime Division is still negotiating with the existing tenant at Berth 24 on its planned relocation to a new terminal. The time re quired for finalizing and executing an agreement with the tenant may exceed the 45 days. It is prudent to change the project specifications to extend the time for award of contract to 90 days after bid opening. This change together with some minor changes to the electrical portions of the plans have also been incorporated intoAddendum 1.

RECOMMENDATION:It is recommended that the Board ratify Addendum 1 to the project plans and specifications changing the date bids are to bereceived from March 19, 1997 to April 2, 1997, extending the time allowed for award of contract to 90 days after the opening of thebids, and approving the other minor changes noted above.

3OARD ACTION REQUIRED:

MOTION

x) RESOLUTION

ORDINANCE

I I IK/Prlr/SA A TIr11.1 rmkil

apputwt:cs -EnsoranorAO. (7/--)77

BOARD ACTION TAKEN

MAR 1 7 1991

DATE


Agenda SheetDate• March 17, 1997

Item No 35S

PROGRAM AREA

Airport Operations


Maritime Operations

(x Overall Operations

SUBJECT: TRAVEL AUTHORIZATION

FACTUAL BACKGROUND:

As provided for in the Port's Administrative Manual, it isrecommended that the Board authorize the travel of President CelsoOrtiz, Commissioners Ada Cole, Robert Harris, John Loh, ExecutiveDirector Charles Foster, Director of Maritime Leo Brien, and Secretary ofthe Board Christopher C. Marshall, to Seoul, Korea, Taipei, Taiwan, HongKong, B.C.C. and Shanghai and Beijing, China on or about the periodMarch 31, 1997 to April 15, 1997, for the purposes of calling on shippingand air lines, technical port visits, trade promotion and investoropportunities.

Also recommended is the port sponsored travel of Mayor ElihuHarris, Council members Henry Chang and Larry Reid, and StateSenator Barbara Lee (Barbara Lee - Korea only) for the above trip.

Further recommended is the travel of John Aidoo, GeneralManager, Central Facilities, to Shanghai, China, on or about the periodMarch 18, 1997 through March 30, 1997, to meet with Shanghai ZhenhuaPort Machinery Co. concerning the new container cranes prior toshipment.

RECOMMENDATION:




I I

ri MOTION

)11 RESOLUTION

ORDINANCE

INFORMATION ONLY

BOARD ACTION REQUIRED: MAR - a 1991


Agenda SheetSUBJECT: Approval of New License and Concession Agreement

With Paul A. Kvedalen dba California Flyers(9351 Earhart Road, North Airport)

Date: March 4, 1997

Item No. 2S

PROGRAM AREAI x l

Airport Operations

I Commercial Real Estate

[1 Maritime Operations

IIOverall Operations

FACTUAL BACKGROUND:



"B" Paul A. Kvedalen 1,250sf of office S1,275.00/mo* 2/16/97dba California Flyers space in Bldg. L-142

*Proposed rate effective March 1, 1997; no rental from February 16, 1997 through February 28, 1997 while tenant prepares spafor occupancy.

The letter "B" indicates that the Agreement was not previously considered by the Board in establishing a target rate for negotiatia

This project has been determined to be categorically exempt from requirements of the California Environmental Quality Act and thPort CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions or bmendments tcleases or license and concession agreements where the premises or licensed activity was previously leased or licensed to the samanother person, and involving negligible or no expansion of use beyond that previously existing.

RECOMMENDATION:

It is recommended that the Board approve the above-listed agreement.

CAW PSIMILMBOARCKFLVENS.50

MOTIONRESOLUTION

fl ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Approval of Extension of Right-of-Entry and

Indemnity Agreement for United States PostalService (Alan Shepard Way, South Airport)



Date: March 4, 1997Item No. 3S

PROGRAM AREA

n Airport Operations

11 Commercial Real Estate

n Maritime Operations

ri Overall Operations

FACTUAL BACKGROUND:

The United States Postal Service ("Postal Service") has been a tenant on the South Field of the Metropolitan OaklandInternational Airport since December 1991 under a Postal Service Lease. They initially occupied 2,200sf of warehouse spacein Building M-106 until September 1992 when they increased their premises to 4,400sf at a monthly rental rate of$3,300.00. This Lease terminated September 14, 1996 without a holdover provision.

In order to provide continued occupancy of the premises by the Postal Service and in order for the Port to receive rentalpayments due since September 15, 1996, the proposed Right-of-Entry and Indemnity Agreement ("ROE") would commenceSeptember 15, 1996 with a proposed termination date of June 30, 1997 or the day prior to the effective date of theproposed Postal Service Lease (whichever occurs first). The rental rate will remain at $3,300.00 per month. This ROEcommencement date is necessary as the Postal Service must provide their funding source with an agreement covering thedates for which funds are being requested; and the agreement must be presented prior to disbursement of those funds.

On February 18, 1997, the proposed Postal Service Lease was returned to the Port for a second review by the Port LegalDepartment. It is anticipated that the Lease will be finalized, executed and Board approved by June 30, 1997 (terminationdate of the proposed ROE).


RECOMMENDATION:

It is recommended that the Board approve the extension of the Right-of-Entry and Indemnity Agreement for the United StatesPostal Service as described above.

C:NIA/P6 WILES \BOARS:AMMAN/13


MAR - 4 19 91

SUBJECT: Award of Contract forRemodeling of Office Space,Second Floor, Building M-102,South Field, MOIA

Date: March 4, 1997

Item No 5S

PROGRAM AREAIx'I II I

Airport Operations


Maritime Operations

Overall OperationsSUBMITTED BY: Frederick R. Ferrin


$68,500.00Robert L. Eddy G.C. & Wilson's Construction Oakland, CA

Union City, CA


$59,280.00Yip's Construction Company

SUBCONTRACTOR LOCATION ETHNICITYMINORITY BUSINESSENTERPRISE (MBE)

DOLLAR AMOUNT OF EACHSUBCONTRACTOR'S BID TO

PRIME CONTRACTOR

Skyline Contract Glass, Inc. San Leandro, CA

No $6,691.00


I I

I

MOTION

lx1 RESOLUTIONORDINANCE

INFORMATION ONLY ASSISTANT SECRETARY OF THE BO A RD

MAR - 4 1991

DATE


FACTUAL BACKGROUND:

Two bids were received and opened on February 19, 1997, for REMODELING OF OFFICE SPACE, SECOND FLOOR,BUILDING M-102, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA.The following bids were received:

Eight prime contractors picked up plans and specifications, but only two submitted their [Yds. When contacted, the other primecontractors responded that they were too busy and did not have time to bid on the remodeling project at the Airport. Further,Robert L. Eddy G.C. & Wilson's Construction did not provide a bid security which disqualified its bid.

Yip's Construction Co. listed one subcontractor with their bid. The subcontractor is not minority-owned and will be performingapproximately 11.3% of the work. The remainder of the work will be performed by Yip's Construction Co., a minority contractor,for a total MBE participation of 88.7%. Accordingly, it is recommended that Yip's Construction Co. be considered a responsiblebidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs in this recommendation.

A copy of the bid canvass is on file. The engineer's estimate for the Total Bid Price is $67,000.00. The Capital Budget forFiscal Year 1997 provides for this work under CIP No. A2.00308.04. The funding source is Port cash.

RECOMMENDATION:

It is recommended that Yip's Construction Company be found to be a responsible bidder, that the contract for the above projectbe awarded to Yip's Construction Company for the amount of its low bid for the Total Bid Price of $59,280.00, and that the otherbid be rejected.

BOARD ACTION REQUIRED:MAR - 4

113

AS SI STANT

O MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

BOARD ACTION TAKEN DATEI



Agenda SheetSUBJECT: Approval of Plans and Specifications

for Alterations To Barnes & Noble Building,Jack London Square

SUBMITTED BY: Frederick R. FerrinEXECUTIVE OFFICE RECOMMENDATI N:

Date: March 4, 1997

Item No. 12S

PROGRAM AREA

Airport Operations




FACTUAL BACKGROUND:

Plans and specifications have been prepared for ALTERATIONS TO BARNES & NOBLE BUILDING,JACK LONDON SQUARE, and are hereby submitted for approval and authorization to advertise for bids.

In general, the work consists of making sidewalk and building improvements to enhance the appearanceon Embarcadero. The building delivery area and the sidewalk will be modified to accommodate truckdeliveries without obstructing the vehicle lane on Embarcadero. Street trees will be planted and anirrigation system will be installed. Display cases, similar to the JLS Cinema, will be installed on the wall,and the garbage dumpsters will be relocated to new enclosures away from Embarcadero.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA)of 1970.

The capital budget for fiscal year 1997 provides for this work under CIP Item No. P1.00529.02. This projectwill be funded by Port cash and revenue bonds.

RECOMMENDATIONS:

It is recommended that the plans and specifications be approved and authorization be granted to advertisefor bids to be received on April 9, 1997.

BOARD ACTION REQUIRED: APPR41:f.

--/MAR - 9g1

DATEBOARD ACTION TAKEN,

,

A•Asi-AigT SECRETARY OF THE BOA="

MOTIONRESOLUTIONORDINANCE

I I INFORMATION ONLY


Agenda SheetSUBJECT: Ratification of the Substitution of Asbestos

and PCB Abatement Subcontractor for"Demolition of Buildings F-206 and F-215,Jack London Square"

SUBMITTED BY: Frederick R. Ferri —.A._,__„/„,,_)k).J.A.,■,.___)EXECUTIVE OFFICE RECOMMENDATION:

Date* Marrh 4, 1997 Item No. 13S

PROGRAM AREAAirport OperationsCommercial Real EstateMaritime OperationsOverall Operations

FACTUAL BACKGROUND:

The Port currently has a contract with Evans Brothers Inc for the nplool ITIoN nFBUILDINGS F-206 AND F-215, JACK LONDON SQUARE, OAKLAND, CALIFORNIA.Evans Brothers requested Board approval to substitute its subcontractor performingthe asbestos and PCB abatement work on the subject contract because its listedsubcontractor, Northern Abatement Co., Inc., was unable to enter into a contract toperform the work. Under Section 4107 of the California Public Contract Code, this isconsidered to be a valid basis for substitution of subcontractor.

A letter was received from Northern Abatement Co., Inc., a non-minority-ownedcontractor located in American Canyon, informing Evans Brothers Inc. that, due to aheavy workload, they are unable to perform the work.

Evans Brothers requested approval to use E & J Environmental, a minority-ownedasbestos subcontractor located in San Francisco, License No. 662703.

The Port's Office of Equal Opportunity was consulted on this matter and they had noobjections.

The demolition of Buildings F-206 and F-215 and subsequent paving of the sites mustbe completed in time for the 1997 spring Boat Show in Jack London Square. Due tothe schedule of the Boat Show, the demolition contract had to be accelerated. Theasbestos and PCB abatement work was the first critical path item of work required inthe demolition process, and a delay to this item of work would have caused anunacceptable delay to the entire project. In order to maintain the schedule, thecontractor was allowed to proceed with the substitution of the subcontractor andaccomplish the abatement of the asbestos work on the accelerated schedule.

RECOMMENDATION:

It is recommended that the Board ratify the deletion of Northern Abatement Co., Inc.as the listed subcontractor to perform the asbestos and PCB abatement work, and thatE & J Environmental, be substituted as the subcontractor to perform the asbestos andPCB abatement work.

6.7BOARD ACTION REQUIRED: - 4 1991


Agenda SheetSUBJECT: Approval of Specifications For Annual

Contract for Repairs To Docks andWaterfront Facilities

SUBMITTED BY: Frederick R. Ferrim2,4,,,ct)).EXECUTIVE OFFICE RECOMMENDATION:

Date' March 4, 1997

Item No. 22S

PROGRAM AREA

I I Airport Operations[-I Commercial Real EstateIx] Maritime Operations

I 1

Overall Operations

FACTUAL BACKGROUND:

The specifications for an annual contract for the following listed services are before the Board forApproval:

"FURNISHING PILE DRIVER CREW FOR REPAIRSTO PORT OF OAKLAND DOCKS AND WATERFRONT FACILITIES

FOR THE PERIOD COMMENCING MAY 1, 1997, ANDENDING APRIL 30, 1998, 1999, or 2000

The specifications for this contract include a provision allowing the Port to renew the contract in oneyear increments through April 30, 2000. Renewal of the contract shall only occur if agreed to in writingby both the Port and the Contractor. Should the contract be renewed, all provisions of the contractshall apply, including the bid amount for percentage mark-up for direct labor costs.

The cost of repairs to docks and waterfront facilities is included in the Operating Budget for Fiscal Year1997-98. The funding source is Port cash.

RECOMMENDATION

It is recommended that the specifications be approved and authorization be granted to advertise forbids to be received on April 2, 1997.

MOTION BOARD ACTION TAKEN DATE(xl RESOLUTION

I ORDINANCE

II INFORMATION ONLY assisiAto SECRETARY OF THE BOAR

SUBJECT: Award of Contract for Demolition ofSlab and Foundations for Building D-733,Harbor Transportation Center

Date: March 4, 1997

Item No. 23S

PROGRAM AREA

jSUBMITTED BY: Frederick R. Ferri --_,,,,./.)






$165,199Evans Brothers, Inc. Livermore, CA $313,699$333,449$268,500Iconco, Inc. Oakland, CA $350,810$410,780$110,250McGuire & Hester Oakland, CA $370,250$398,750

Ferma Corp. Mountain View, CA

LOCATION TOTAL BASE BID TOTAL BASE BID TOTAL BASF IPLUS ALTERNATE A BID. PLUS

ALTERNATE B

Amana Eng. & Const., Inc. Berkeley, CA$301,000$214,500

$408,201$428,950

$385,000$405,500

Yes $ 8,965Siteworks Construction Layafette, CA Asian Yes $39,000Marshall Trucking Oakland, CA African American Yes $40,000

Dollar Amount ofMinority Business EachEnterprise (MBE) Subcontractor's Bid

to Prime BidderCastro Valley, CA Hispanic

DATE

BOARD ACTION REQUIRED:•-;,5 MAR - 19 gi

0 MOTION

RESOLUTION

0 ORDINANCE

0 INFORMATION ONLY


Agenda Sheet

FACTUAL BACKGROUND:

Five bids were opened on February 19, 1997, for DEMOLITION OF SLAB AND FOUNDATIONS FOR BUILDING D-733,HARBOR TRANSPORTATION CENTER, OAKLAND, CALIFORNIA. The following bids were received:

A copy of the bid canvas is on file. The engineer's estimate for the Total Base Bid Plus Alternate A is $465,000 and the TotalBase Bid Plus Alternate B is $330,000. The Total Base Bid Plus Alternate B was selected. The Capital budget for Fiscal Year96-97 provides for the work under CIP Item No. M6.0543.01.

Evans Brothers, Inc., listed two subcontractors and a trucking company with their bid, all of which are minority-owned for atotal Minority Business Enterprise (MBE) participation of 28.0%. Evans Brothers, Inc., will be doing the remaining 72.0% ofthe work. Accordingly, it is recommended that Evans Brothers, Inc., be considered a responsible bidder for the purposes ofthis contract. The Port's Office of Equal Opportunity concurs in this recommendation.

RECOMMENDATION:

It is recommended that Evans Brothers, Inc. be found to be a responsible bidder, that the contract for the above project beawarded to Evans Brothers, Inc. for the amount of its low bid for the Total Base Bid Plus Alternate B, and that all other bids berejected and bid securities be returned to the respective bidders.

SUBJECT: Date' March 4, 1997

Item No. 34S

TRAVEL AUTHORIZATION

SUBMITTED BY: Christopher C.. Marshall


PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

ASS1STA



Agenda Sheet

FACTUAL BACKGROUND:

As provided for in the Port Administrative Manual, it isrecommended that the Board approve the travel of Terry Smalley,Electrical/ Mechanical Engineer to Shanghai, China on or about theperiod March 15, 1997 to March 29, 1997, to meet with ShanghaiZhenhua Port Machinery Co. concerning the new container cranes.

Also recommended is approval for the travel of CommissionerDavid Kramer, James Lockhart, Becky Taylor and Manager, StrategicMarketing, Dan Westerlin, to Hong Kong, Singapore, Kuala Lumpur,Malaysia, and Shanghai, China, on or about the period March 20, 1997to April 5, 1997, to meet with shipping lines and to inspect port facilitiesand operations.

RECOMMENDATION:



IVIOTION

xl RESOLUTION

ORDINANCE

INFORMATION ONLY

A

MOTIONIxi RESOLUTION

ORDINANCEI I I.Vr7e^trIPIR A "T.IrNAI eNkf


Agenda SheetSUBJECT: Memorandum of Understanding with the

Inter-Agency Standards Committee Regardingthe Sharing of Digital Data forEmergency Preparedness

SUBMITTED BY: Frederick R. Ferritcl_cl•a."•---)EXECUTIVE OFFICE RECOMMENDATION:

Date: March 4, 1997 Item No 35S

PROGRAM AREA

I 1 Airport OperationsCommercial Real EstateMaritime OperationsOverall Operations

FACTUAL BACKGROUND:

The Inter-Agency Standards Committee is a committee representing a variety of organizations thathave entered into an agreement to share data and information for emergency preparedness,response, and recovery activities. This includes the exchange of emergency management digitalmapping and other associated information. Oakland citizens adopted Measure I to developemergency preparedness, response, and recovery programs for the City of Oakland duringemergencies. As a member of the Inter-Agency Standards Committee, we will be entitled to utilizeall supplied data. This data includes very accurate aerial photos in computerized format paid for bythe City of Oakland. In exchange for these very useful photos, all members of the group are askedto provide emergency services information in graphic and database formats. All supportingorganizations have been asked to sign a Memorandum of Understanding (MOU) and the MembershipAgreement for the Inter-Agency Standards Committee. Included in the Inter-Agency StandardsCommittee with signed MOUs from their respective Boards are: City of Oakland, East Bay MunicipalUtility District, City of Emeryville, Oakland Unified School District, and East Bay Regional Parks.

RECOMMENDATION:

It is recommended that the Board pass a resolution authorizing the Executive Director to execute aMembership Agreement and a Memorandum of Understanding with the Inter-Agency StandardsCommittee to share such data and information for emergency preparedness, response, and recoveryactivities as the Executive Director determines is appropriate.

BOARD ACTION REQUIRED: 6) MAR - 4 199-1


PORT OF OAKLANDCHARLES W. FOSTER

530 WATER STREET Executive DirectorOAKLAND, CALIFORNIA 94607

DAVID L. ALEXANDERTELEPHONE (510) 272-1100 Port Attorney


COMMISSIONERS







Tuesday, February 18, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of January 21, 1997.


See Item 40



REPORT FROM CHIEF FINANCIAL OFFICER:

COMMITTEE REPORTS:

Administration

Aviation


Customer Employment and Business Resources

Regular MeetingFebruary 18, 1997


5 Items.



AIRPORT

1 Approval of Mitigated Negative Declaration,Approval of Plans and Specifications, and Award ofContract for Construction of Baggage Claim Areas,Terminal 1 and 2, South Airport, MOIA.(Resolution)

2 Approval of Contract with Unison Consulting Group,Inc. for Consulting Services Regarding AirportConcessions. (Resolution)

3S Approval of Amendment to Leases with ExistingTenant United States Postal Service (7201 EarhartRoad, North Airport). (Resolutions)

4S Award of Contract for Construction of AircraftRescue and Firefighting Facility, South Airport,MOIA. (Resolution)

5 Hearing by Board of Port Commissioners toDetermine Merits of Dispute Resulting in Meet andConfer Impasse between I.B.E.W. and the Port.(Resolution)

MARITIME

21 Approval to Negotiate and Enter into ProfessionalServices Agreements with VZM and Moffatt & Nicholfor the Terminal Shuffle Program. (Resolutions)

22S Term Extension for International TransportationService Inc. at Berth 25/26. (Resolution)

23S Renewal of Korean Agent Contract with GlobalEnterprises, Ltd. (Resolution)

24S Approval of Plans and Specifications forConstruction of Berth 24 Year Improvements, OuterHarbor Terminal. (Resolution)

OPERATIONS

31 Personnel Items: Appointments; Revision of JobSpecifications; and Examination Announcements.(Resolution)

2


32 Approval of Port Policy on Local Business AreaHELD OVER Participation in Port Professional Service

Consultant Contracts and Construction Contracts.(Resolution)

CLOSED SESSION


BUILDING PERMIT APPLICATIONS: ("S")

Pizzeria Uno, installation of menu board andawning signs in addition to existing signs forrestaurant tenant.

Vote on the following Resolutions:Ayes: Cole, Harris, Lockhart, Taylor and

Vice President Loh - 5Noes: NoneAbsent: Commissioner Kramer and President Ortiz - 2

RESOLUTIONS:

97033 1 CERTIFYING CONSIDERATION OF INITIAL STUDY ANDMITIGATED NEGATIVE DECLARATION FOR CONSTRUCTION OFBAGGAGE CLAIM AREAS, TERMINALS 1 AND 2, SOUTHFIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FINDING NO SUBSTANTIALEVIDENCE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT,APPROVING THE MITIGATED NEGATIVE DECLARATION;APPROVING PLANS AND SPECIFICATIONS FOR SAIDPROJECT; AND AWARDING CONTRACT TO VITTON, FORCONSTRUCTION OF BAGGAGE CLAIM AREAS, TERMINALS 1AND 2, SOUTH FIELD, METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, FIXINGTHE AMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Airport - 1)

97034 2 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH UNISON CONSULTING GROUP, INC. FOR THE AIRPORTCONCESSIONS PROGRAM CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID AGREEMENT.(Airport - 2)

97035 3 APPROVING AND AUTHORIZING EXECUTION OF CERTAINFIRST AMENDMENT TO LEASE WITH THE UNITED STATESPOSTAL SERVICE. (Airport - 3S)

97036 4 APPROVING AND AUTHORIZING EXECUTION OF CERTAINSECOND AMENDMENT TO LEASE WITH THE UNITED STATESPOSTAL SERVICE. (Airport - 3S)

97037 5 AWARDING CONTRACT TO C. OVERAA FOR CONSTRUCTION OFAIRCRAFT RESCUE AND FIRE FIGHTING FACILITY, SOUTHFIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, A.I.P. 3-06-0170-12, FIXINGTHE AMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Airport - 4S)


97038 6 APPROVING AND AUTHORIZING IMPLEMENTATION OF PORT'SLAST, BEST AND FINAL OFFER TO I.B.E.W. REGARDINGIMPACTS WITHIN THE SCOPE OF REPRESENTATION OF APROPOSAL TO CONSOLIDATE FIRE PROTECTION SERVICESAT METROPOLITAN OAKLAND INTERNATIONAL AIRPORTUNDER OAKLAND FIRE SERVICES ADMINISTRATION.(Airport - 5)

97039 7 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH MOFFATT & NICHOL FOR ENGINEERING CONSULTINGSERVICES CONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF SAID AGREEMENT. (Maritime - 21)

97040 8 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH VZM FOR ENGINEERING CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF SAID AGREEMENT. (Maritime - 21)

97041 9 APPROVING AND AUTHORIZING EXECUTION OF THIRTEENTHSUPPLEMENTAL AGREEMENT WITH INTERNATIONALTRANSPORTATION SERVICES, INC. (Maritime - 22S)

97042 10 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH GLOBAL ENTERPRISES, LTD., FOR MARITIMECONSULTING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF AGREEMENT.(Maritime - 23S)

97043 11 APPROVING PLANS AND SPECIFICATIONS FORCONSTRUCTION OF BERTH 24 YARD IMPROVEMENTS, OUTERHARBOR TERMINAL, OAKLAND, CALIFORNIA, AND CALLINGFOR BIDS THEREFOR. (Maritime - 24S)

97044 12 CONCERNING CERTAIN APPOINTMENTS. (Operations - 31)

97045 13 APPROVING JOB SPECIFICATION FOR THE POSITION OFPORT SENIOR PROGRAMMER/ANALYST. (Operations - 31)

97046 14 APPROVING EXAMINATION ANNOUNCEMENTS FOR THEPOSITIONS OF PORT PRINCIPAL SYSTEMS PLANNINGANALYST AND PORT SENIOR PROGRAMMER/ANALYST.(Operations - 31)

15 APPROVING AND ADOPTING A POLICY ON LOCAL BUSINESSHELD OVER AREA PARTICIPATION IN PORT PROFESSIONAL SERVICE

CONSULTANT CONTRACTS AND CONSTRUCTION CONTRACTS.(Operations - 32)

97047 16 GRANTING UNO'S JACK LONDON SQUARE, INC. PERMISSIONTO PERFORM CERTAIN WORK. (Blanket Authority)

97048 17 AUTHORIZING THE RETENTION OF THE LAW FIRMS OFFITZGERALD, ABBOTT & BEARDSLEY AND KONG AND KONGAS SPECIAL COUNSEL TO THE PORT ATTORNEY CONCERNINGENVIRONMENTAL CONTAMINATION OF PORT PROPERTYLOCATED AT THE SOUTH FIELD TANK FARM FACILITY,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA. (Resolution Only)

4


Vote on the following Ordinances:Ayes: Cole, Harris, Lockhart, Taylor and

Vice President Loh - 5Noes: NoneAbsent: Commissioner Kramer and President Ortiz - 2

ORDINANCES:

1 Port Ordinance No. 3360 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TODOCKAGE AND SPACE ASSIGNMENT RATES AND CRANEDESIGNATION."

Final.

Port Ordinance No. 3361 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 3044, FIXING CERTAINREVISED PARKING RATES AT THE PARKING FACILITIES INJACK LONDON SQUARE."

Final.

APPEARANCES:

ADJOURNMENT: To Friday, February 21, 1997, Informal Portion,site inspection Ports of Long Beach and LosAngeles, 7:00 a.m. to 7:00 p.m.

5

FEB I 8 1991


,z,711.6)

Agenda SheetSUBJECT: Approval of Mitigated Negative Declaration,

Approval of Plans and Specifications, andAward of Contract for Construction ofBaggage Claim Areas, Terminal 1 and 2,South Field, MOIA

SUBMITTED BY: Frederick R. Ferr


Date: February 18, 1997

Item No. 1

PROGRAM AREA

Airport Operations


q Maritime Operations

q Overall Operations

FACT. T" A I f"' KG ROUN D:

Plans and Specifications have been prepared and advertising for bids commenced on January 9, 1997 for the CONSTRUCTION OFBAGGAGE CLAIM AREAS, TERMINAL 1 AND 2, SOUTH FIELD, MOIA, OAKLAND, CALIFORNIA.

The existing baggage claim facilities in Terminals 1 and 2 are inadequate to meet current flight operations. Carousel Number 1 inTerminal 1 is 35 years old and small by current standards while the two carousels in Terminal 2 are not enough to serve currentpassenger activity. It is proposed that Carousel Number 1 in Terminal 1 be replaced with a larger oval shaped carousel and that atemporary 5000 square feet building addition be added to Terminal 2 to accommodate a new third baggage carousel.

Due to the tight schedule for this project, the environmental review process could not be completed prior to advertising for bids. Port'staff has now completed it's environmental review under the California Environmental Quality Act (CEQA) and the Port's CEQAGuidelines. The work was subject to an Initial Study (IS). The Port's Environmental Planning Department recommends approval of aMitigated Negative Declaration. The document has been circulated, and a copy has been provided to the Board under separatecover. Mitigation measures include: a Phase 1 Assessment; handling and disposal of hazardous materials to comply withregulations; and compliance with Best Management Practices (BMP's) to reduce noise and air quality impacts during construction.

Comments were received from three entities: City of Alameda (Alameda), Citizens League for Airport Safety and Serenity ("Class")represented by the attorneys office of Shute, Mihaly and Weinberger,.and the California Department of Toxic Substances thesecomment letters have been provided to the Board under separate cover. Comments from Alameda and CLASS are summarized asfollows:

1. The FAA must approve Airport Layout Plan revisions before the project is implemented;

2. The Port has not complied with legal requirements regarding application for passenger facility charges (PFC's) for baggage claimimprovements.

3. The project is a part of, and has been improperly segmented from, the Airport Development Program;

4. The projects specific and cumulative impacts are not adequately analyzed.

The Port's responses sent to the city of Alameda and CLASS (copies of which have been provided to the Board) are summarized asfollows.... .

Response 1. The Port has complied with the legal requirements regarding the Airport Layout Plan and this project.

Response 2. The Port has complied with the legal requirements regarding the application for passenger facility charges.


q MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

N. V. Heathorn Co., Inc Oakland. CA $2,380,777.00

1001 ... Vitton Construction Co., Inc. San Leandro, CA $2,166,542.00

H. Fitmaurice, Inc. Oakland, CAJ. W. and Sons, Inc. Petaluma, CA

Approval of Mitigated Negative Declaration, -2- February 18, 1997Approval of Plans and Specifications, andAward of Contract for Construction ofBaggage Claim Areas, Terminal 1 and 2South Field, MOIA

Response 3. The Initial Study describes how the project has independent utility from the Airport Development Program (ADP). Thebaggage claim project is proposed to go forward whether or not the ADP is adopted. The proposed project will notresult in an integrated terminal facility, nor will the project result in consolidated baggage handling facilities as would thebaggage claim improvements proposed by the ADP.

Response 4. The Initial Study and a supporting study in the appendix provide extensive information supporting the conclusion thatthe project will not have any long term operation impacts. The numbers of airplane flights or passenger levels will notincrease due to this project. Project impacts will be limited to short term construction impacts which can be mitigated tolevels of insignificance.

Comments from the California Department of Toxic Substances Control (DISC) describe DTSC's authority and the need for the Portto fulfill legal requirements. The Port's response to the Department recognizes their authority and restates that the Initial Studyincludes Mitigation measures that require compliance with all legal requirements regarding hazardous materials.

Four bids were received and opened on February 5, 1997, as follows: =

A copy of the bid canvas is on file. The engineer's estimate for the work is $1,687,000.00.

The Capital Budget for Fiscal Year 1996-97 provides for this work under CIP No. P2.00609.01. The funding source is Port cash, to berefunded from future Passenger Facility Charges.

Vitton Construction listed twenty-two subcontractors (listed below) with their bid, one of which is a minority business enterprise (MBE)performing a total of .4% of the work. Contractors from the Local Business Area, which consists of Alameda and Contra CostaCounty, will be doing a total amount of $1,049,857 or 48.5% of the work. Vitton Construction did not attain the 25% MBE participationgoal for this contract. Therefore, the Office of Equal Opportunity (OEO) conducted an investigation of Vitton's effort to obtain minoritysubcontractor participation. Vitton did provide sufficient documentation for OEO to determine that they had made sufficient good faithefforts.

Vitton sent 70 letters and placed follow-up telephone calls, and contacted 11 minority assistance agencies in its attempt to solicitbidders. They have also utilized the Port's MBENVBE/DBE Directory and other resources to solicit MBE participation. Although 31MBE firms expressed an interest in bidding, only 18 submitted bids. Seventeen of the bids were rejected because they were toOhigh. The reason given by MBEs for not bidding was that they are too busy at this time. When Vitton learned that so many MBEswere not interested in bidding, they contacted an additional 9 firms attempting to elicit bids. None wished to bid. OEO called MBEsubcontractors to confirm the above.

Biaggi, Co. San Carlos, CA $ 16,220California Pile Foundation Pleasanton, CA $ 90,000Macken Concrete San Leandro, CA $217,000J. J. Rebar Sacramento, CA $ 34,500Dublin Steel Antioch $ 99,500

C. S. Erectors San Ramon, CA $ 8,532B. K. Mill Newark, CA $ 21,280Enterprise Roofing Walnut Creek, CA $ 44,277Stanley Doors Hayward, CA $ 65,310

$ 32,275E. H. Brady Modesto, CA $ 19,230Harrison San Francisco, CA $ 76,467Harrison Drywall San Francisco, CA $ 76,467Arrow Hayward, CA $ 18,659Contemporary Floors Concord, CA $ 12,480

Airline Baggage, Inc. Hayward, CA $482,058Piping Systems Oakland, CA $ 21,019Vintage El Sorbrante, CA $ 17,320Swearingin Richmond, CA $219,000

$165,000Del Monte Hayward, CA

Interlite Roseville, CA

Metal Deck Specialist San Leandro, CA $ 9,100

Hayward, CA Hispanic Yes $ 8,700United Pro

Approval of Mitigated Negative Declaration,Approval of Plans and Specifications, andAward of Contract for Construction ofBaggage Claim Areas, Terminal 1 and 2South Field, MOIA

-3- February 18, 1997

The Office of Equal Opportunity concurs that Vitton Construction can be considered to be a responsible bidder for the purpose of thiscontract

RECOMMENDATION

1) It is recommended that the Board adopt a resolution that:

A. It has considered the Initial Study and Mitigated Negative Declaration and the comments received during the publicreview process;

B. It adopts the mitigation measures as identified above, and further defined in the Initial Study, as conditions of projectapproval in order to avoid significant effects on the environment;

C. On the basis of the Initial Study, and the comments received and responses to the comments, there is no substantialevidence that the project will have a significant effect on the environment;

D. The Board adopts and approves the Mitigated Negative Declaration; and,

E. The mitigated Negative Declaration reflects the independent judgment of the Board.

2) It is recommended that the Board adopt a resolution approving the plans and specifications.

3) It is recommended that Vitton Construction Co. be found to be a responsible bidder, that the contract for the above projectbe awarded to Vitton Construction Co. for the amount of its low bid and that all other bids be rejected and the bidsecurities be returned to the respective bidders.


Agenda SheetSUBJECT: Approval of Contract with Unison Consulting Group, Inc.

for Consulting Services Regarding Airport Concessions




Item No. 2

PROGRAM AREA

Airport Operations

II Commercial Real Estate

1I Maritime Operations

II Overall Operations

FACTUAL BACKGROUND:

In order to reach the Port's goals of maximizing airport concession revenue and incorporating local disadvantaged businessenterprise (DBE) participation in the concessions program, it is recommended that the Port retain the services of UnisonConsulting Group, Inc.

Unison Consulting Group, Inc. is a minority-owned consulting firm which offers a broad range of expertise to the Airportindustry. One of Unison's areas of expertise is airport concessions. Unison has provided concession consulting as well asfinancial consulting services to many airports including Phoenix Sky Harbor International Airport, Miami International Airport,Philadelphia International Airport and Port Authority of New York and New Jersey. Unison is the only minority-ownedconcessions consulting firm with the experience determined to be necessary to provide these services to the Port.

Unison is providing analysis of the cart/kiosk program under a purchase order for professional services. It is proposed thatthis work be expanded under a consultant agreement to include analysis and recommendations on the DBE storefrontsubtenants program, an evaluation of the current Airport concession operations and analysis of Airport users' demand forconcession products and services in light of current airport industry trends. A large part of the work would include an airportmarket research survey. The survey would be conducted by Unison using Oakland, minority or women-owned temporaryagency firms as a source of personnel. The results of the survey will enable Unison to evaluate and make product andoperational recommendations for a more successful Ready for Take Off cart/kiosk program and evaluate and makerecommendations regarding the DBE storefront subtenants as well as other retail concession opportunities.

The information provided by Unison would provide a foundation for future concession planning under the Airport DevelopmentProgram. The estimated cost of the work outlined above is $95,000. The contract would provide that the Executive Directorbe authorized to approve additional work in an amount up to $30,000. The contract period would be December 20, 1996through December 31, 1997 and the Executive Director would be authorized to extend the contract for up to two, 6-monthperiods.

RECOMMENDATION:

It is recommended that the Board authorize preparation and execution of a consultant agreement with Unison ConsultingGroup, Inc. to provide the services described above for a total not to exceed $95,000 and authorize the Executive Directorto approve additional work in an amount up to $30,000.

c:\wp61 fileslboard \ unison Alt

BOARD ACTION REQUIRED: APPRC

6

7

01-401- of

FEB 1 8 19g1

ri MOTION


xl RESOLUTION

ORDINANCE

f1 "rlf‘w I el0.ft X/

FEB 1 8 191

DATE

"•C

BOARD ACTION TAKEN


MOTION

RESOLUTION

fl ORDINANCE

INFORMATION ONLY!,/,/

thaatgtala, SECRETARY OF THE BOARD /-

Board of Port Commissi_. hers - PORT OF OAKLAND

Agenda SheetSUBJECT: Hearing by Board of Port Commissioners to

Determine Merits of Dispute Resulting inMeet and Confer Impasse Between IBEW andthe Pert



Date • February 18, 1997

Item No 5

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

I. Background

On December 2, 1996, the Board conducted a hearing on the merits ofa dispute between the Port and United Public Employees Local 790("Local 790"), relating to impacts within Local 790's scope ofrepresentation of a proposal to consolidate the provision of fireprotection services at the Metropolitan Oakland InternationalAirport ("Airport") under Oakland Fire Services Agency ("OFSA")("Consolidation Proposal"). Following the hearing the Boardadopted two resolutions. By Resolution 96401, the Board approvedand authorized the Executive Director to implement the Port's lastbest and final offer to Local 790 regarding impacts of theConsolidation Proposal within Local 790's scope of representationas more fully set forth in an unexecuted Letter of Understandingbetween the Port and Local 790. By Resolution 96402, the Boardapproved and authorized the Executive Director to execute amemorandum of understanding with the City of Oakland ("City") forthe provision by OFSA. of Aircraft Rescue and Fire Fighting ("ARFF")Services and other fire and emergency services at the Airport.However, this authority was subject to the condition that the meetand confer process with International Brotherhood of ElectricalWorkers Local 1245 ("IBEW") on impacts within IBEW's scope ofrepresentation be completed, and in the event of impasse, wassubject to the further condition that the impasse procedures, asnecessary under Section 13 of Port Ordinance No. 1688, becompleted.

Since then, staff met with IBEW representatives three times andsubmitted revised drafts of a Letter of Understanding setting forththe terms and conditions of employment for persons affected by theConsolidation. As requested by IBEW, the Letter of Understandinghas been drafted as a four party agreement to be executed by thePort, IBEW, the City and International Association of Fire Fighters(IAFF) Local 55.

Following significant movement by the Port and IBEW to bringclosure to the meet and confer process, tentative agreement wasreached by the Port and IBEW on February 7, 1997, on alloutstanding issues. The tentative agreement was set forth in a

February 18, 1997 -2-

letter of understanding between the Port and IBEW, dated February6, 1997. Thereafter, the LOU was submitted to IBEW membership forratification, but was rejected. At the conclusion of the meet andconfer process, IBEW's Meet and Confer Committee stipulated thatthe rejection by the membership of the terms of the LOU would leavethe parties at impasse, with no possibility of settlement of anyremaining issues by direct discussion. IBEW stipulated further,that in the event of the membership's rejection of the terms of theLOU, the matter may be submitted to the Board for determination,following a hearing on the merits, without objection from IBEW.

On the stipulation and express consent of IBEW, the Board isrequested to determine and resolve the dispute on the impassebetween the Port and IBEW, following a hearing on the merits of thedispute.

II. Summary of Issues and Tentative AgreementsBetween the Port and IBEW

Below is summarized the issues and tentative agreements relating tothe terms and conditions of employment for Airport OperationsSupervisors arising from the proposal to consolidate fireprotection services at the Metropolitan Oakland InternationalAirport under the Oakland Fire Service Administration. Please notethat IBEW's Meet and Confer Committee tentatively agreed to theterms of the LOU, which comprise the Port's last, best and finaloffer to IBEW regarding impact on terms and conditions ofemployment within IBEW's scope of representation, but impasse hasoccurred as a direct result of the rejection by IBEW's membershipof the terms of the LOU.

February 18, 1997 -3-

1. Ease of transfer to OFD for those wishing to go.

DISPUTE

(i) IBEW Position (ii) Port Position

(1) Original Position:IBEW members who perform ARFF workand will continue to do so under theproposal:(a) should not have to pass any physical,psychological or background exams beyondwhat are required of incumbent OFDFirefighters; nor,(b) give up seniority to transfer to OFD;

(1) Original Position:(a) IBEW members will be required totake and pass pre-employment examinationconsisting of:

(i) medical examination regularlyadministered for Civil Service examinationof Firefighter;

(ii) physical agility test regularlyadministered for Civil Service examinationof Firefighter;

(iii) background investigation regularlyrequired for Civil Service examination ofFirefighter;

(iv) psychological examination; and(v) departmental interviews. (Lou §2(n)

(b) Those Ops Supervisors who meet thepre-employment requirements will beappointed to the Firefighter classification,beginning an 18 month probationaryperiod. (Lou §§2(3),(7))(c) Ops Supervisors combined senioritypoints in the classifications of AirportServiceman and Ops Supervisor will applyfor the following purposes:

(i) order of appointment to theFirefighter classification (Lou §2(2));

(ii) order of assignment to the AirportFire Station (the 15 most senior will beappointed to the station; Lou §§2(3),(9),(),02));

(iii) order of initial vacation bidding atthe Airport Fire Station (Lou §204));

(iv) accrual of seniority credits during themodified academy (Lou §2(14));(d) All Ops Supervisors meeting the pre-employment requirements for theFirefighter class will be permitted totransition to Fire Department (Lou§2(2).(3).(8).(9)).

February 18, 1997

DISPUTE


(2) Latest Position: (2) Port's Last, Best & Final Offer:Tentative Agreement. Ops Supervisors would be given two

opportunities to pass the physical agilitytest, the first at the initial pre-employmentphase of the examination for Firefighter,the second at the end of the modifiedFirefighter Academy, provided the OpsSupervisors successfully pass all other pre-employment requirements and the modifiedAcademy (Lou §t2(2).(3)).

Other than the foregoing change, the Portnotes that the method of transition to theFire Depai tinent is not within the controlof the Port. The City's position is that OpsSupervisors will transition as "new hires"in the class of Firefighter with no carryover of classification seniority from thePort.

The Port does not employ Firefighters orutilize the Civil Service Firefighterclassification. Ops Supervisors' fireprotection functions associated with theaircraft rescue and fire fighting are relatedto Firefighter duties. However, the OpsSupervisor class is not equivalent to theCivil Service Firefighter classification.Ops Supervisors do not perform a sufficientnumber of fire fighting functions to permitor justify either reclassification of the OpsSupervisor class to Firefighter orredesignation of Ops Supervisory personnelto that classification without examination.

2. Compensation as Firefighters.

DISPUTE

(ii) Port Position(i) IBEW Position

(1) Original Position:Ops Supervisors should be appointed torank of Battalion Chief within OFD.

(1) Original Position:Ops Supervisors who meet the pre-employment requirements will be appointedto the Firefighter classification, at thefourth year firefighter rate, supplementedby the Port to raise combined pay fromCity and Port to current rate of pay in OpsSupervisors classification.


DISPUTE

(2) Latest Position:Ops Supervisors in classification asFirefighters should be paid at Captain's ratefor five years.

(2) Port's Last, Best & Final Offer:Tentative Agreement. (Lou §§2(4)).

(i) Union Position (ii) Port Position

(5) Port's Last, Best & Final Offer:No change.

(2) Latest Position:Tentative Agreement.

(1) Original Position:OFD's proposal of 5 and 1 (fivefirefighters and one supervisor) presents adanger to the employees and to the flyingpublic. A proper ratio is eleven arid one.

(1) Original Position:Staffing levels are not negotiable. The Portreserves the right to establish staffinglevels consistent with the business necessityand within sound safety practices. Havingestablished this position, the Port alsonotes that safety at the Airport will beenhanced through the provision of morepeople per shift doing the work covered bycurrent ARFF personnel. Staffing per shiftwill go from a minimum of 7 people todayto 10 after the transition. OFD willprovide 6 personnel per shift for ARFFand emergency medical response. ThePort will provide 4 additional staff per shiftto accomplish non-ARFF tasks currentlyassigned to ARFF personnel. Thisrepresent a 60% increase in personnelassigned to ensure the Airport is a safe andsecure facility (There is no LOU Sectioncovering this position). ARFF staffinglevel corresponds to the number of ARFFfire fighting vehicles available to bedispatched to an Aircraft emergency.

February 18, 1997

3. Staffing level.

DISPUTE

4. Union Representation.

DISPUTE


Original & Final Position: Original & Final Position:Ops Supervisors, upon appointment to the

No Dispute; Tentative Agreement.Firefighter classification shall berepresented by International Association ofFire Fighters Local 55 and shall be subjectto the MOU between Local 55 and the City(Lou §§2(5).(10).(12)).


DISPUTE

Original & Final Position:Ops Supervisors who are assigned to theAirport Fire Station shall not be bumped orremoved from their location assignmentwith the exception of a layoff or for cause(Lou §2(13)).

Original & Final Position:No Dispute; Tentative Agreement.


(1) Original Position:(a) Accrued Port sick leave and vacationhour credits shall remain on the books, atthe discretion of Ops Supervisors, throughthe Firefighter probationary period.(b) Sick leave should be cashed out at therate earned.

(1) Original Position:Accrued Port sick leave and vacation hourcredits shall remain on the books until theOps Supervisors successfully pass themodified academy, at which time suchleave shall be cashed out.

(2) Port's Last, Best & Final Offer:(a) Tentative Agreement.(b) Sick leave to be cashed out at the rateof 1 day pay for each 1.75 days' of earnedsick leave.(,Lou §n(6),4).


February 18, 1997 -6-

5. Bumping from Airport Station.

6. Sick Leave and Vacation Buy-back.

DISPUTE

7. Accrual of Port Seniority Credits While at the Academy.

DISPUTE


Original & Final Position:No Dispute; Tentative Agreement.

Original & Final Position:Ops Supervisors who are appointed to theFirefighter classification shall continue toaccrue Port seniority credits in the OpsSupervisor classification during their tenurein the Academy ththi#0410ijary.. T LOU §6)

DISPUTE


(1) Original Position:The Port should guarantee jobs for OpsSupervisors remaining at the Port.

(1) Original Position:The Port's standard practice is not toguarantee positions because managementneeds the flexibility of changing staffinglevels to reflect business needs.

(2) Latest Position:Contract language specifying a guaranteelimitation may have adverse consequencesto membership. Delete provision.

(2) Port's Last, Best & Final Offer:Tentative Agreement. Provision deleted.

February 18, 1997 -7 -

8. Guarantee of fobs for those staving at the Port.

9. Reversionary Rights.

DISPUTE


Original & Final Position: Original & Final Position:Ops Supervisors who are appointed to the No Dispute; Tentative Agreement.Firefighter classification but do not passprobation or elect during the probationaryperiod to revert to Port employment areguaranteed the right to revert during theprobationary period to the AirportOperations Supervisor Airside classification(Lou §§5,7).

10. Maintenance of EMT Certification for Ops Supervisors remaining in Port employment.

DISPUTE




(1) Original Position:The Port should maintain EMT certificationfor those employees who remain employedat the Port (do not transition into theFirefighter class).

(1) Original Position:The Port will not maintain EMTcertification for Port employees.Emergency medical response will be theresponsibility of the Fire Department only.(There is no LOU Section covering this position.)


(1) Original Position:Ops Supervisors who choose not to go theFire Department as Firefighters will beredesignated to the classification of AirportOperations SpccialistS4000 Airside at arate of pay equal to their current rate ofpay in either the "c" rate or the "d" rate asappropriate of the Ops Supervisorclassification.

(1) Original Position:Duties in this classification will include,among other things, responsibility for thesafety and security of the Airport's airsideand landside areas in accordance withfederal requirements, but does not includeARFF responsibilities.

(2) Port's Last. Best & Final Offer:Duties to have limited oversight of landsideareas. Title change to Airport OperationsSupervisor Airside, deleting "landside"from title. (Lou §§8 10)


(ii) Port Position(i) Union Position



(1) Original Position:Ops Supervisors should be allowed toelect to participate in the VIP.

(1) Original Position:Ops Supervisors will be allowed toelect to participate in the VIP during a45 day review period effective within 5working day following execution of theLOU (Lou §11).

February 18, 1997 -8-

11. Reclassification and Compensation for Ops Supervisors Remaining at the Port.

DISPUTE

12. VIP Participation.

DISPUTE

13. Residency Requirements for Firefighters.

DISPUTE


Original & Final Position: Original & Final Position:

The City's residency requirements No Dispute; Tentative Agreement.

applicable to the Firefighter classificationare waived for Ops Supervisors appointedto the Firefighter classification (Lou §12).



DISPUTE


(1) Original Position:An expedited grievance process shouldbe established for resolving disputesrelating to the interpretation of theLOU or to the application of its terms.

(1) Original Position:An expedited grievance process hasbeen proposed which permits disputesrelating to the interpretation of theMOU or application its teinis to besubmitted to binding arbitration (Lou §§13-

16).

February 18, 1997 -9-

14. Expedited Grievance Process.

Recommendation:

It is recommended that pursuant to Section 13 of Port Ordinance No,. 1688, the Board conducta hearing on the merits of the dispute between the Port and IBEW. It is further recommendedthat at the conclusion of the hearing, the Board make a determination regarding the dispute andapprove the last, best and final offer on the issues as set forth in the unexecuted Letter ofUnderstanding dated February 6, 1997.

SUBMITTED BY: Frederick R. Ferrin


Ackland Yes MBE (African American)

Berth 25/26 Yard Improvement JWD Yes MBE (Asian) -Certification Pending

Berth 60/63 Terminal Improvement Moffatt & Nichol and Yes No

£PPAO.

BOARD ACTION REQUIRED:FEB 18 1991

DATEO MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

BOARD ACTION TAKEN



Agenda SheetSUBJECT: Approval to Negotiate and Enter Into

Professional Services Agreementswith VZM and Moffatt & Nicholfor the Terminal Shuffle Program


Item No. 21

PROGRAM AREA

q Airport Operations

El Commercial Real Estate

Maritime Operations


FACTUAL BACKGROUND:

The Port leases container terminals to various shipping lines and stevedoring companies. Several of theseshipping lines are forming business alliances and are planning to share their existing facilities at the . Port toeffect economies of joint operations. This sharing of facilities will result in the relocation of some of theoperators from one terminal to another. Since each tenant operates differently, each affected terminal willrequire modification to accommodate the new operator. A number of terminals are directly affected by thisTerminal Shuffle Program (Program). The Program, as currently planned, is composed of up to tenconstruction projects. Due to the magnitude of this program and our current workload, it is staffs intent tohire consultants for most of the design work.

We have completed a consultant selection process for these projects. Invitations were extended to ten civilengineering firms that maintained offices in Oakland and are known to have experience in the types of workand disciplines needed for these projects. Nine of these firms were interested and participated in apresentation and interview process before a selection committee composed of staff from the EngineeringDivision, Maritime Division, and the Office of Equal Opportunity. The final recommended selections are:

Recommended OaklandProject

Consultant Office MBE/DBEBerth 22 Wharf Reconstruction CH2M Hill Yes NoBerth 22 Yard Design

JWD Yes MBE (Asian) -Certification Pending

Berth 24 Gate Improvement VZM Yes NoBerth 24 Building Relocation FE Jordan Yes MBE (African American)

Annual Maritime Design Contract John Warren Yes MBE (African American)

Of the nine firms that expressed interest, seven are recommended for selection. All of the MBE firms thatsubmitted proposals are involved either as the lead consultant or assigned to work under a lead consultant

Authorization for the Executive Directorto Enter Into Professional Serviceswith VZM and Moffatt & Nichol forthe Terminal Shuffle ProgramFebruary 18, 1997Page 2

who is expected to provide mentorship (Berth 60/63 project). All of the recommended consultants havealso agreed to implement a 1997 summer high school internship program for Oakland youths interested inpursuing an engineering career. Staff will be working with the consultants to develop this program. TheOffice of Equal Opportunity concurs with these recommended selections.

As of this meeting, negotiations with the affected Maritime tenants are still on-going and as a result, anumber of projects have not been fully defined. For this reason, the Port is not ready to executeprofessional services agreements with any of these consultants. Two of the projects, Berth 24 GateImprovement and the Berth 60/63 Terminal Improvement, are critical to the overall Program schedule.When the Port decides to move ahead with the Program, we must immediately prepare and execute theprofessional services agreements and begin design work for these two critical projects.

Staff intends to immediately begin preliminary negotiations with VZM and Moffatt & Nichol and Ackland. Itis proposed that the Executive Director be authorized to execute two professional services agreementsbased on these negotiations and upon the Port's final decision to move ahead with the Program. An off-calendar report will be submitted to the Board to advise of final scope and cost of each of the agreements.It is expected that the total value to these two agreements will not exceed $1,400,000. The remaining fiveagreements will be presented to the Board for approval at a later date after the scopes and terms of thecontracts are negotiated.

The Capital Budget for Fiscal Year 1997 provides for this work under various items under the MaritimeDivision. The funding source is Port cash and Revenue Bonds.

RECOMMENDATION:

It is recommended that the Board:

1. Determine that the consultant services described above are professional services.

2. Approve in principle the selection of the listed consultants to provide the above-described professionalservices for the Program.

3. Authorize the Executive Director to begin negotiations with VZM and Moffatt & Nichol and Ackland, andto prepare and execute professional services agreements for the Berth 24 Gate Improvement andBerth 60/63 Terminal Improvement projects.

I I

x

Type of EffectiveName Title/Division Appointment Date Salary/Wage

McKenney, Kristi M. Associate Port Transportation Civil Service 2/24/97 $4,980/month- Budgeted New Position Planner rate "c"- Transfer Port Employee Aviation Division

from Associate PortEnvironmental Planner (Item 13A of Staffing Plan)Position

Castaneda, Leonard Semi-Skilled Laborer Civil Service 2/24/97 $3,623/month- Budgeted Vacant Position Maritime Division rate "c"- Transfer of City Employee

(Item 95A of Staffing Plan)

Horcasitas, Bertha Port Technical Support Analyst I Civil Service 2/24/97 $3,230/month- Budgeted New Position MIS Department rate "b"- Promotion of Port Corporate Administrative

Employeenp^ye nServices Division

(New Item 22C of Staffing Plan)

III I

BOARD CT1ON TAKEN ,, DATEMOTION

x RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetDate: February 18, 1997

Item No. 31


EXECUTIVE OFFICE RECOMMENDATION: Charles W. Foster -&e.

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

SUBJECT: Personnel Items

- Appointments- Revision of Job Specifications- Examination Announcements

FACTUAL BACKGROUND:

APPOINTMENT - Resolutions (1 Readinq Required)


REVISION OF JOB SPECIFICATIONS--Resolution (1 Reading)

It is requested that the Board approve the revision of job specifications for the classification of Port SeniorProgrammer/Analyst.

EXAMINATION ANNOUNCEMENTS—Resolution (1 Reading)

It is requested that the Board approve the Civil Service examination announcements for Port Principal Systems PlanningAnalyst (Open), Port Senior Programmer/Analyst (Open).

BOARD ACTION REQUIRED: EB 1 8 199T

AS OF AS OF AS OF AS OF2/1/91 2/20/96 2/4/97 2/18/97

EMPLOYEES

Full-Time Employees 612.00 FTE 566.00 FTE 543.00 541.00 FTE



Relief Airport Custodians(Pm

Relief Airport Custodians(Intermittent. WTI

11.00 FTE* 15.00 FTE

0.48 FTE

10.00 FTE 10.00 FTE

0.00 FTE 0.00 FTE

TOTAL FTE 625.35 FTE 587.46 FTE 558.98 FTE*** 556.98 FTE**

AGENDA SHEET, PERSONNEL ITEMS--February 18, 1997

Page 2




** Count decrease due to the retirements of a Port Equipment Service Worker and a Custodian.

*** Count correction from last agenda--Port Electrician did not retire.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments, revision of job specifications,and examination announcements.

SUBMITTED BY: Christopher C. Marshall

EXECUTIVE OFFICE RECOMMENDATION: Zt/z


Agenda SheetFebruary 1997Date.

Item No 40

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

SUBJECT: CLOSED SESSION

FACTUAL BACKGROUND:•

CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION.Subdivision (a) of Government Code Section 54956.9. Names ofCases:

Oakland Citizens for Site B. et al v. Port of Oakland, et al,Alameda County Superior Court Case No. 777066-9

Central Parking v. Port of Oakland, et al, Alameda CountySuperior Court Case No. 749090-3

East Bay News Service and Sanjiv Handa v. Port of Oakland. et al, Alameda County Superior Court Case No. 773964-2

CONFERENCE WITH LEGAL COUNSEL ANTICIPATEDLITIGATION.Significant exposure to litigation pursuant to subdivision (c) ofSection 54956.9: Three cases


MOTION

RESOLUTION

pi ORDINANCE

INFORMATION ONLY


rn t•-• ■–■ r- 1.1 • ■••••

SUMMARY AGENDA OF BOARD CALENDARFebruary 18, 1997

AIRPORT

3S Approval of Amendment to Leases with ExistingTenant United States Postal Service (7201 EarhartRoad, North Airport). (Resolution)

Recommends approval of the two agreements forspace on the North Airport.

4S Award of Contract for Construction of AircraftRescue and Firefighting Facility, South Airport,MOIA. (Resolution)

Notifies of the bids received and recommends awardof the contact to the low bidder.

MARITIME

22S Term Extension for International TransportationService Inc. at Berth 25/26. (Resolution)

Recommends approval to extend the terms of theiragreement for Berths 25/26. Notes the terminalrealignment as a reason for the extension.

23S Renewal of Korean Agent Contract with GlobalEnterprises, Ltd. (Resolution)

Recommends approval to renew the agreement for theservices in Korea.

24S Approval of Plans and Specifications forConstruction of Berth 24 Year Improvements, OuterHarbor Terminal. (Resolution)

Recommends their approval and authority toadvertise for bids for the improvements.

ORDINANCES:

Port Ordinance No. 3360 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TODOCKAGE AND SPACE ASSIGNMENT RATES AND CRANEDESIGNATION."

Provides for approval to correct or amend certainprovisions in the tariff relating to dockage,crane designation, and space assignment rates.

Port Ordinance No. 3361 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 3044, FIXING CERTAINREVISED PARKING RATES AT THE PARKING FACILITIES INJACK LONDON SQUARE."

Provides for amending revised parking rates at theparking facilities in Jack London Square.


SUBJECT:

Agenda SheetJack London Square Parking Rates and Regulations

Date" 2/4/97

Item No 11

PROGRAM AREA

I

John AguilarSUBMITTED BY:


FACTUAL BACKGROUND:

- „ E.,

rk 7L t. Li

a'

41 WiL fat)

Airport Operations


Maritime Operations

Overall Operations

The Port of Oakland presently operates 2,300 parking stalls in Jack London Square. Theseparking facilities include the 1,000, 7 level stall Washington Street Garage, the 295 stallUnderground Garage, the Amtrak Parking Lot, the Beverages and morel Parking Lot andseveral surface parking facilities such as Lots 5, 7, 9, 11, and 13 (see attached map).

The Port has been operating the parking program under a promotional rate structure designedto attract both new tenants and new customers by offering three hours free parking for ourtransient parking guests. This promotional program has been in operation for more than sixyears without any changes or modifications. Now that Jack London Square's office space is100% leased and the retail space is 90% leased (including tenant spaces that are underconstruction), a promotional parking program which the Port heavily subsidizes is no longernecessary. During peak periods the parking facilities most centrally located to the majortenants are at peak capacity. In addition, as a result of other new development opportunities,we are also losing overflow parking that has been available on surface parking lots.

The parking revenue collected by the Port is not covering our costs which include additionalstaffing necessary to handle the increasing demand, the cost of taxes the Port must pay to theCity for its parking operations, general maintenance, utilities, elevator maintenance,depreciation and the cost of finance. It is estimated that these costs for the Washington StreetGarage alone are equivalent to $110.00 to $140.00 per parking stall per month.

There are two major parts to the parking program: the hourly parking program for "transient"guests of Jack London Square and the long-term program or "monthly" program for officeworkers and employees of businesses.

In order to establish this new rate program, the Commercial Real Estate Staff formed aCreative Action Team (CAT) to discuss an equitable program for Port employees. The CAT,composed of employees from various divisions, has concurred with the proposed program. Inaddition, CRE staff has presented this parking program to Port tenants.

The attached matrix delineates the rates as they currently exist and the proposed new rates forBoard adoption.

Recommendation:

It is recommended that ordinance number 3044 be amended to provide for the attached newparking rates to be effective April 1, 1997:



X RESOLUTION

ORDINANCE

INFORMATION ONLY ric -r Lic r% A In n

Existing Proposed

Entering after 10:00 AM: 3 hrs freewith or without validations

Entering before 10:00 AM: 1 hr free withoutvalidation thereafter$0.75 per half hour.Daily - 12 hr Maximum $6.00

1st hr. free $0.75 per half hour thereafter.

Daily 12-hr maximum $8.00.

Existing Proposed

1st hr. free $0.75 per half hour, thereafter.

Daily 12-hr maximum $6.00



Underground Garage

With Validation

Hours of Operation 6:00 AM until 2:30 AM Daily

Without Validation

$1.00 for the first hour$1.00 per half hour, thereafter.

$1.00 for the first hour and $1.00 for eachhour, thereafter

Daily 12-hr maximum $10.00. Daily 12-hr Maximum $10.00

Existing Proposed



1st hr. free $0.75 per half hour thc-reefter.


Parking Rate Matrix

Transient Parking Rates

Washington Street Garage/Lot 13 (east of Alice)

With Validation


Without Validation

No unvalidated rates exist, since all parking $1.00 for the first hour and $1.00 for each 1/2was provided with the same rate as above hour, thereafter

Daily 12-hr Maximum $8.00

Other Surface Parking Lots with Revenue Control

With Validation


Without Validation

$1.00 for the first hour$1.00 per half hour, thereafter.Daily 12-hr maximum $8.00.

No change


Parking Meters/Automated Machines

$0.50 per hour $0.75 per hour (same as City's current rate)

Monthly Parking Program

Washington Street Garage

Existing Proposed

Port employee rate $27.50 Option 1. Open Parking $100.00 per monthNon-Port employee $40.00 This parking operation would be available to anyOutside nest $55.00

Port monthly customer

Option 2. Covered Nest Parking $60.00 permonth

Option 3. Seventh Level Parking $40.00 permonth

Lots 5, 7 and 9 ( between Webster and Alice Streets)

Monthly parking nest $55.00 No change proposed

Lot 13 (east of Alice Street)

Special note: This parking facility will no longer be operable after Cirque du Soleil moves into thesite. This site is to be sold as of August 1997.

Present rate $27.50

$55.00 per month

Port employee rate $5.50

Port employee rate discontinued

Lot 11 (Webster and Embarcadero)

Present rate $27.50 new $55.00

All proposed parking Rates include the City of Oakland Parking tax of 10%

Transient Parking Program Policies

Program Existing Policy Proposed Policy

Validation Stamps good for one Validation Stamps to retail and.Port Retail/Restaurant hour, 3 hours in the restaurants would increased toTenant Validation Washington Street Garage and $10.00 per book. In addition,Policy Lot 13 parking facility until that consideration is being given to

facility is no longer in use, but providing on-line validationno later than April, 1997. machines to the cinema and These validations are now Yoshi's.available at $1.00 per book of

There would be an additional100 stamps. (Validations are

option of providing tenants whonot required currently in therequest it, the use of a portable

Washington Street Garage). validation stamp machine fortheir use. The cost of each ofthe machines to the tenantswould include a $75.00refundable deposit and amonthly fee of $20.00. Thedeposit would ensure the returnof the machine and thepayment of the monthly fee.The fee would offset the costand maintenance of themachines. The fee is notconnected to the number ofvalidations at this time.

Office validations are generally Office tenants would be able toOffice Validations not provided to office tenants in acquire validations at $10.00 Policy most mixed-use projects. None per book. Validations would be

are required due to the fact that good for one hour free parkingthe project currently has three in any parking facility.hours free parking in theWashington Street.

Marina Validations$1.00 all day, limit five stickers $1.50 all day limit five stickersfor surface parking facilities per ticket, and limit 20 stampsonly. per month per vessel.

Cinema ValidationsNo validation required for Validation required with newparking in Washington Street program, good for three hoursGarage. No validation in Washington Street Garageavailable. only, not in underground

garage or other locations! Seeabove regarding on-line validation system.

Port Validations Presently Port validations are In order to validate for half dayused for all day validations. parking the Port rate wouldThere is no one-hour validation increase to $2.50 perperiod. Validations cost each validation.department $2.00. Validations This rate would also be madearen't required to allow visitors available to the tenants. Therethree hours free parking after would be a routine 1 hour10:00 AM. This will change. validation available to the Port

at $10.00 per book.

Weekend Validations From 8:00 AM until 4:00 PM on We would discontinue thisSundays we are not requiring program and provide a methodproof of validation from our for validation to the Farmer'stenants primarily to support the Market.need for validated parking forthe Farmer's market

Special Event Parking

Applicable to uncontrolled parking lots

Existing Proposed

$1.00 per event (in advance) $5.00 per event (in advance)

Prepaid Parking

Available to Restaurants or Banquet customers

Existing Proposed

$3.00 per event $4.00 per event

VALET -PAWING

45 stallsBeverag0 stalls

I FIIO

•

t 24 STALLS(ne st, levaand abc ve

S IN▪ GTON STREET GARA

SKS

I Marina West (tempo50 stalls

.111111

F116VFt

5101V ICTICASYS

LOT 13427 STALLS

- _ 2/40 SIXES

-7;

ETAXLARD E11LVRY

Commercial Reol Estate

Jack London SquareWaterfront

PORT OF OAKLAND630 WAIFS: STREET EIWAND, CALIFORIAA

KE 10/34/1045

NC) St Mr

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REFEREhaGIA.I A0111

PROGRAM AREA

Airport Operations


X I Maritime Operations

I I Overall Operations


Agenda SheetSUBJECT: Amendments to Port of Oakland Tariff 2-A: Date- February 4, 1997

1) Modification of Current Dockage Assessment23SItem No.


FACTUAL BACKGROUND:

We propose frIllnwing modifications to Port of Oakland Tariff 2-A:

1. Dockage. Charges for dockage are assessed against a vessel forberthing at a Port wharf, pier, bulkhead structure, bank, or formooring to a vessel so berthed. In accordance with the Porttariff, these charges are based upon a 24 hour period minimumassessment. Thus, when ocean going vessels are on berth forslightly more than 24 hours, an assessment for a full second 24hour period is made. In general, this procedure is consistent withtraditional practices conducted by the other California ports.However, recently some of the shipping lines and terminal operatorsnotified the Port of scheduling difficulties with the vessel laborallocations resulting in additional vessel time on berth and anincrease in assessments for a second full 24 hour dockage period.While these sailing delays are beyond the direct control of thevessel, the terminal operator or the Port, there is a genuineconcern that terminal operations do not become any more difficultfor Oakland vessel calls. We have conducted our own analysis ofthe present procedures and have determined that an adjustment tothe Tariff dockage assessment practices is now warranted.

The proposed modification will continue to base charges for dockageso that the first day is subject to a 24 hour minimum. However, weare proposing that Item 04130 of Tariff 2-A be amended so thatcharges beyond the first 24 hour period will be assessed in fullsix hour increments but at twenty-five percent (25%) of the Tariffdaily dockage rate for each subsequent six hour period beyond thefirst 24 hours. We believe this change fairly addresses vesselcost concerns when the need arises to berth for more than a single24 hour period while also protecting Port revenues.

2. Designation of 7th Street ZPMC Container Crane. Due to acompilation error in the Tariff, one of the container gantry cranesat the Seventh Street Marine Container Terminal is presentlydelineated as ZPM Crane No. X-432. We now desire to amend thisinaccuracy by publishing the correct designation as "ZPMC Crane No.X-437" in Item 09157 of the Tariff.

Both of the above amendments will be effective April 1, 1997.

Procedures2) Revised Designation for 7th Street ZPMC

Container Crane3) Establishing Space Assignment Rates for

Maintenance & Repair AreasSUBMITTED BY: Leo R. Brien

el 4

4 14.4" 134.

lk A 47 7; r


MOTION BOARD ACTION TAKEN DATERESOLUTION

X ORDINANCE

INFORMATION ONLY SECRETARY OF THE BOARD

Board tterFebruaiy 4, 1997Page 2

3. Space Assignment Rates for Maintenance & Repair Areas.

The Tariff presently contains a specific rate for MaintenanceRepair Space at Building B-213. However, rental compensation forthis area is incorporated into a long term preferential assignmentagreement and we desire to delete the published Tariff rate forBuilding B-213. Concurrently, we also desire to establish a moregeneral rate category for maintenance repair space by adding thefollowing to Item 10160 of the Tariff:

Space, Covered, not otherwise specified (N.O.S.) $.75/sq.ft./mo.

The new rate for maintenance repair space will hr. ,=,-Ffr-i-iv4. M=r(-1120, 1997 and is at the same rate level for similar facilitiesthroughout the Port.

RECOMMENDATION: Approval of Tariff changes as outlined above.


Agenda SheetSUBJECT: Approval of Amendment to Leases With Existing Tenant

United States Postal Service (7201 Earhart Road,North Airport)


Item No. 3S

PROGRAM AREA

Ix! Airport Operations


Maritime Operations

Overall OperationsSUBMITTED BY: Steven J. Grossman


FACTUAL BACKGROUND:

The following Amendment to Leases are submitted for approval:

LESSEEPROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLOCATION RATE RATE DATE

"B" United States 8,000sf of warehouse, $3,740.44/mo $4,158.63/mo 1/1/97 (1)Postal Service 12,800sf of apron and $.340-psf $.35psf - warehouse

4,800sf of paved parking $.057-psf t .082 + psf - apronin and adjacent to Bldg. $.062+psf *.064psf - paved parkingL-812, Space #2

"B" United StatesPostal Service

10,000sf of warehouse andoffice, 16,000sf of apronand 2,700sf of paved parkingin and adjacent to Bldg.L-812, Space #3

$5,720.58/mo*.420-psf$.085+psf$.059 + psf

$5,791.66/mo 1/1/97 (2)$.43+psf - warehouse/office*.082+psf - apron*.064psf - paved parking

(1) First Amendment to Lease(2) Second Amendment to Lease

The letter "B" indicates that the Agreement was not previously considered by the Board in establishing a target rate fornegotiation.

These projects have been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or license and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

RECOMMENDATION:

It is recommended that the Board approve the above-listed Amendment to Leases.

C:\WP51\Files\boarcAusps.21897

A.PPRQAT1M B72--EiaarlaT2:44'

"" 9‘7(;)5771q-2Z;FEB 1 8 1991BOARD ACTION REQUIRED:

MOTION

I XI RESOLUTION

I ORDINANCEINPrIPMLITIIM1 Oro, V

SUBMITTED BY: Frederick R. Ferrinev,....7,(440,EXECUTIVE OFFICE RECOMMENDATIgN:

$8,381,000.00C. Overaa & Co. Richmond, CA$8,400,000.00West Cost Contractors, Inc. Fairfield, CA$8,478,703.20West Bay Builders, Inc. San Rafael, CA$8,520,996.00S. J.'Amoroso Construction Co., Inc. Foster City, CA

$8,734,663.70N. L. Barnes Construction San Francisco, CAJ. W. & Sons, Inc. Petaluma, CA $8,742,570.00

Lathrop Construction Association, Inc. Benicia, CA $8,591,219.00Dennis J. Amoroso Construction Co., Inc. San Francisco, CA $8,653,160.50

Yes $ 70,250.00

0 MOTION

RESOLUTION

0 ORDINANCE

0 INFORMATION ONLY Atialsmats SECRETARY OF THE OARD



Agenda SheetSUBJECT: Award of Contract for Construction of

Aircraft Rescue and Fire Fighting Facility,South Field, Metropolitan OaklandInternational Airport


Item No. 4SPROGRAM AREA



Maritime Operations

D Overall Operations

FACTUAL BACKGROUND:

Eight bids were received and opened on January 8, 1997, for CONSTRUCTION OF AIRCRAFT RESCUE AND FIRE FIGHTINGFACILITY, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA. Thefollowing bids were received:

C. Overaa & Co. listed twenty-three subcontractors with their bid, five of which are Disadvantaged Business Enterprise (DBE)subcontractors performing approximately 2.4% of the work. C. Overaa & Co. also listed one minority subcontractor which is toolarge to be DBE but will be performing 17.9% of the work. The Port's Office of Equal Opportunity has reviewed C. Overaa & Co.'s"good faith efforts" to secure DBE subcontractors and has determined that they have met the "good faith efforts" guidelinesestablished. Accordingly, it is recommended that C. Overaa & Co., be considered to be a responsible bidder for the purposes ofthis contract.

Hayward Glass Hayward, CA Yes $ 65,000.00All American Tile Richmond, CA

Yes $ 31,000.00

California Caulking Union City, CA

Yes $ 14,100.00RMT Landscape San Leandro, CA Yes $ 20,000.00

A copy of the bid canvas is on file. The engineer's estimate for the work is $9,300,000.00. The capital budget for Fiscal Year 1997provides for this work under CIP Item No. A2.00374.03, and the low bid is within the budget.

Award of Contract for Construction February 18, 1997of Aircraft Rescue and Fire FightingFacility, South Field, MetropolitanOakland International Airport

The funding sources for this project are Passenger Facility Charges (PFC) and Airport Improvement Program (AIP). The FAA hasapproved the award of the contract.

RECOMMENDATION:

It is recommended that C. Overaa & Co. be found to be a responsible bidder, that the contract for the above project be awarded toC. Overaa & Co. for the amount of its low bid, and that all other bids be rejected and bid securities be returned to the respectivebidders.

Overall Operations


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY ftra„,,„,,,SECRETARY OF THE BOARD

BOARD ACTION TAKEN

z 11/-

FEB 1 8 19gi

DATE

A

APPRO'rar,


Agenda SheetSUBJECT: Term Extension for International

Transportation Service Inc. atBerth 25/26


EXECUTIVEOFMCERECOMMENI.TION:

Date. Fr, h-ruary 1R, 1qq7Item No 22S

PROGRAM AREA

Airport Operations


Maritime Operations

FACTUAL BACKGROUND:

International Transportation Service (ITS) conducts operations at OuterHarbor Berths 25 and 26. The facility was initially assigned to "K"Line under a Nonexclusive Preferential Assignment Agreement. With Portconcurrence and in accordance with the provisions of the Agreement, thisfacility was subsequently assigned to ITS, a wholly subsidiary of "K"Line. The current term of the Agreement expires June 30, 1997. ITS,however, has an option right for an additional 5-year term subject toagreement on economics. The Port also has the right to relocate ITS toanother Port facility upon 180 days advance notice.

At its meeting of December 2, 1996 the Board approved various actionsregarding terminal realignments. Specifically, relocation of AmericanPresident Lines (APL) cargo operations from Berth 60-63 to Berth 25/26along with approval for Transpacific Container Service Corp. (TRAPAC) tooperate Berth 25/26 which is adjacent to their existing operation atBerth 30.

The Port plans to exercise its right to relocate ITS to another Portfacility as soon as discussions and negotiations are finalized withrespect to ITS' terminal requirements. In view of this, ITS hasrequested that the term of the Agreement which expires June 30, 1997 beextended an additional 6 months to December 31, 1997. ITS' right toexercise their option would also be extended. The Agreement providesfor a proration of the minimum annual guarantees and breakpoints for thepartial contract year which will commence July 1, 1997 and concludeDecember 31, 1997. This extension will provide ample time to addressall remaining issues related to the terminal realignments as well as toconclude discussions with ITS.

RECOMMENDATION:

Approval to the Supplemental Agreement with International TransportationServices as outlined above. Following Board action, documents will befiled with the Federal Maritime Commission as required under theShipping Act of 1984.

"F4-7

IGO



MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

FEB 1 8 1991

CPr• R "T'AIDV -ruc mt.-


Agenda SheetSUBJECT: Renewal of Korean Agent Contract with

Global Enterprises, Ltd.


EXECUTIVE OFFICE RECO ME ATION:

Date . February 18, 1997

Item No 23S

PROGRAM AREA

pi Airport Operations



Overall Operations

FACTUAL BACKGROUND:

Global Enterprises, Ltd. as represented by Mr. P.S. Chung has served asthe Port of Oakland's agent in Korea since 1984, and currently servesunder Port Resolution No. 95445.

Current compensation for Global Enterprises, Ltd. is USD $18,000 peryear plus allowable expenses of up to USD $6,000 annually.

Global Enterprises, Ltd. has consistently provided value to ourmarketing efforts through their personal knowledge of the key decisionmakers at the three Korean based ocean carriers and through theirability to interact with and represent the Port to these companies.Further, their long-term relationship with the Port has enabled them todevelop an in-depth understanding of the trade and transportation issuesfacing Oakland.

Additionally, Global Enterprises, Inc. has provided valuable support tothe Board and to staff during Port trade missions to Korea in arrangingbusiness meetings, press conferences and transportation.

We therefore recommend extension of the Global Enterprises, Ltd. agencyrepresentation contract for a twelve month period through December 31,1997 at a compensation level of USD $18,000 per year plus allowableexpenses of up to USD $6,000 per year.

RECOMMENDATION:

Approval of the Agreement in accordance with the above.

FEB 1 8 1991DATE


Agenda SheetSUBJECT: Approval of Plans and Specifications for

Construction of Berth 24 Yard Improvements,Outer Harbor Terminal

SUBMITTED BY: Frederick R. Ferrin p=„7,41,0,4EXECUTIVE OFFICE RECOMMENDAT iN:


Item No. 24S

PROGRAM AREA


Ei Commercial Real Estate

El Maritime Operations


FACTUAL BACKGROUND:

Plans and specifications have been prepared for CONSTRUCTION OF BERTH 24 YARDIMPROVEMENTS, OUTER HARBOR TERMINAL, OAKLAND, CALIFORNIA, and are hereby submittedfor approval and authorization to adventure for bids.

The work consists, in general, of: A.) relocating lease line fences between Berths 24 and 23, and betweenBerths 24 and 25, to conform to new lease boundaries; and B) constructing pavement overlays and newpavement in order to increase pavement load capacities and modify surface grades for a grounded (stackedcontainer) type operation. A component of the Terminal Shuffle Program, this project will provide for therelocation of Trans Bay Container Terminal (TBCT) from Berth 25/26 to Berth 24 at the Outer Harbor, afterMaersk Pacific LTD (Maersk Lines) vacates Berth 24. The proposed improvements are necessary totransform the container yard from a chassis type (l)ght load) operation to TBCT's grounded (heavy load)operation, including provision for rubber tired gantry cranes.

Related work which will be performed under other contracts include: A) constructing a temporary accessroad and back up Yard for use while Berth 24 work is in progress; B) modifying the Berth 24 Gate Complex;and C) relocating a maintenance and repair building from the Berth 26 Yard to the Berth 24 Yard.

Maersk Line will continue to operate at Berth 24 while this work is in progress.

The capital budget for Fiscal Year 1997 provides for this work under CIP Item No. M1.0493.03. The fundingsource for this project is Port bonds.

The California Environmental Quality Act requirements for environmental review were completed with Boardcertification of the Initial Study/Negative Declaration for the Maersk Line Terminal and Trans Bay ContainerTerminal Yard Consolidations and Terminals Upgrade Project on December 17, 1996.

RECOMMENDATION

It is recommended that the plans and specifications be approved and authorization be granted to advertisefor bids to be received on March 19. 1997.


El MOTION

El RESOLUTION

Ei ORDINANCE

El INFORMATION ONLY






COMMISSIONERS







Tuesday, February 4, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of January 21, 1997.


See Item 40



COMMITTEE REPORTS:

Aviation

Human Resources

Maritime



5 Items.



AIRPORT

1 Approval of Change Order for Cost of Port Delaysand Disruption, Reconstruction of Access RampsConnecting Terminal 1 Buildings M-101/M-102 and M-102/M-103, South Airport, MOIA. (Resolution)

2S Award of Contract for Removal of Rubber Depositsfrom and Restriping of Runways for the PeriodCommencing March 1, 1997 and Ending February 28,1998, 1999, or 2000, MOIA. (Resolution)

3S Approval of Plans and Specifications forRemodeling Restrooms in Buildings M-103 and M-130,South Airport, MOIA. (Resolution)


11 Jack London Square Parking Rates and Regulations.(Ordinance)

12 Authorization for the Executive Director toExecute the Covenant of Deed RestrictionConcerning the Embarcadero Cove State SuperfundSite. (Resolution)

MARITIME

21 Approval to Hire Hartman Consulting Group toConduct Habitat and Hydrodynamic InvestigationsAssociated with the 50' Channel Deepening Project.(Resolution)

22 Authorization to Prepare and Execute an Agreementwith EVS Environmental Consultants for theCollection, Testing and Analysis of DredgedMaterials for the 50' Harbor Deepening Project.(Resolution)

23S Amendments to Port of Oakland Tariff 2-A:(1) Modification of Current Dockage AssessmentProcedures; (2) Revised Designation for 7th StreetZPMC Container Crane; and (3) Establishing SpaceAssignment Rates for Maintenance & Repair Areas.(Ordinance)

24S Approval of Plans and Specifications for LoadTesting of Piles at Berths 24 and 25, and Approvalto Prepare and Execute an IndemnificationAgreement with Maersk Pacific LTD. (Resolution)

2


OPERATIONS

31 Personnel Items: Examination Announcements.(Resolution)

32S Approval of One-Year Extension of FinancialAdvisor Contract with Fullerton & Friar, Inc., forPeriod March 17, 1997, through March 16, 1998.(Resolution)

CLOSED SESSION


Vote on the following resolutions:Ayes: Commissioners Cole, Harris, Kramer, Lockhart, Taylor

and President Ortiz - 6Noes: NoneAbsent: Commissioner Loh - 1

RESOLUTIONS:

97024 1 APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACTWITH SHC/MARK DIVERSIFIED, A JOINT VENTURE OFSHARON HILL CORPORATION, A NEVADA CORPORATION,DOING BUSINESS UNDER THE FIRM NAME AND STYLE OFSHC CONSTRUCTORS, AND MARK DIVERSIFIED, INC., ACALIFORNIA CORPORATION, FOR RECONSTRUCTION OFACCESS RAMPS CONNECTING TERMINAL 1, BUILDINGS M-101/M-102 & M-102/M-103, SOUTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND,CALIFORNIA, INCLUDING ADDITIVE ALTERNATE 1 ANDADDITIVE ALTERNATE 2. (Airport - 1)

97025 2 AWARDING CONTRACT TO RAMPART WATERBLAST, INC., FORREMOVAL OF RUBBER DEPOSITS FROM AND RESTRIPING OFRUNWAYS FOR THE PERIOD COMMENCING MARCH 1, 1997AND ENDING FEBRUARY 28, 1998, 1999 OR 2000,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS TOBE PROVIDED IN CONNECTION THEREWITH.(Airport - 2S)

97026 3 APPROVING PLANS AND SPECIFICATIONS FOR REMODELINGRESTROOMS IN BUILDING M-103 AND M-130, SOUTH FIELDMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, AND CALLING FOR BIDSTHEREFOR. (Airport - 3S)

97027 4 APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTORTO EXECUTE THE COVENANT OF DEED RESTRICTIONBETWEEN THE PORT AND THE STATE OF CALIFORNIA,ENVIRONMENTAL PROTECTION AGENCY, DEPARTMENT OFTOXIC SUBSTANCES CONTROL ("DISC").(Commercial Real Estate - 12)

97028 5 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH HARTMAN CONSULTING GROUP FOR THE CHANNELDEEPENING PROJECT CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID AGREEMENT.(Maritime - 21)

3


97029 6 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH EVS ENVIRONMENTAL CONSULTANTS FOR THE HARBORDEEPENING PROJECT CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID AGREEMENT.(Maritime - 22)

97030 7 APPROVING PLANS AND SPECIFICATIONS FOR LOADTESTING OF PILES AT BERTHS 24 AND 25, OUTERHARBOR, OAKLAND, CALIFORNIA, AND CALLING FOR BIDSTHEREFOR, AND APPROVING AND AUTHORIZING EXECUTIONOF INDEMNIFICATION AGREEMENT. (Maritime - 24S)

97031 8 APPROVING EXAMINATION ANNOUNCEMENTS FOR THEPOSITIONS OF PORT ELECTRICIAN AND PORT EQUIPMENTMECHANIC. (Operations - 31)

97032 9 FINDING AND DETERMINING THAT A PROPOSED SECONDSUPPLEMENTAL AGREEMENT WITH FULLERTON & FRIAR,INC. FOR CONSULTING SERVICES CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAID SECONDSUPPLEMENTAL AGREEMENT. (Operations - 32S)

Vote on the following ordinances except #4:Ayes: Commissioners Cole, Harris, Kramer, Lockhart, Taylor

and President Ortiz - 6Noes: NoneAbsent: Commissioner Loh - 1Vote on #4:Ayes: Commissioners Cole, Harris, Lockhart, Taylor

and Presdient Ortiz - 5Noes: Commissioner Kramer - 1Absent: Commissioner Loh - 1

ORDINANCES:

1 Port Ordinance No. 3358 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF CERTAINLEASE WITH AMERIFLIGHT, INC. AND DIRECTINGRECORDATION THEREOF."

Final

2 Port Ordinance No. 3359 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TOCONTAINER CRANE ASSIGNMENT AND RENTAL RATES."

Final.

3 Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TODOCKAGE AND SPACE ASSIGNMENT RATES AND CRANEDESIGNATION."


4


4 Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 3044, FIXING CERTAINREVISED PARKING RATES AT THE PARKING FACILITIES INJACK LONDON SQUARE."

Commercial Real Estate - 11 to print.

APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, February 18, 1997at 3:00 p.m.

5

UP.BOARD ACTION REQUIRED:

MOTIONRESOLUTIONORDINANCEINFORMATION ONLY

BOARD ACTION TAKEN

S1-4-117't-I I

t+ 515TANT SECRETARY OF THE BOARD

DATE

FEB - 4 19 91


SUBJECT: Approval of Change Order for Costof Port Delays and Disruption.Reconstruction of Access RampsConnecting Terminal 1 Buildings,M-101/M-102 and M-102/M-103,South Field, MOIA

SUBMITTED BY: Frederick R. Ferrinit.A.4,DEXECUTIVE OFFICE RECOMMENDATION: (1.4:4-',"


Item No.PROGRAM AREA


HI II

FACTUAL BACKGROUND:

The contract for RECONSTRUCTION OF ACCESS RAMPS CONNECTING TERMINAL 1 BUILDING, M-101/M-102& M-102/M-103, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND CALIFORNIA,INCLUDING ADDITIVE 1 AND ADDITIVE 2, became effective on January 18, 1995 with a specified completion dateof December 4, 1995, for a lump sum price of $5,416,204.00. In general, the work consisted of demolition ofexisting reinforced concrete ramps and improvements and constructing new foundations, reinforced concreteramps and associated improvements, including restroom partitions, baggage handling system, and an elevator.

The contract required the work to be divided into nine areas and seven work phases so that interference withthe operations of the Airport were minimized and impact to the adjacent contract for the Connecting CorridorBetween Buildings M-130 and M-103 was coordinated. The phases were set such that each subsequent phasecould not begin until the previous phase and associated milestones were completed.

During the performance of the work, the Contractor experienced various unanticipated conditions that severelyimpacted the schedule. These conditions included, but were not limited to: unexpected utilities behind wallsand encased in the floors; modifying the plans, the sequence of associated work and the overall schedule toaccommodate the Connecting Corridor project which became the Airport's priority project; delays fromdiscovery and removal of additional asbestos; moving and modifying pedestrian barricades to accommodaterevised tenant and Airport operational needs; modifying work to keep the underpasses below the ramps openwhen the contract documents allowed for closure; design revisions to meet unforseen site conditions; andadjusting work hours and sequencing as well as supervisory staffing to conform to the ever changingrequirements of Airport Operations and tenants.

Ultimately, the unforseen conditions and interference issues led to submittal by the Contractor of 394 "Requestsfor Information", requesting clarification or direction. The Port issued 40 construction memorandums and 70revised drawings, all of which led to 414 Proposal Requests for additional compensation to cover added scopeof work. There were 64 change orders totalling $811,116.37 issued to compensate the Contractor for direct extrawork costs and appropriate time extensions were granted (five for 105 calendar days). However, thecompensation did not include the additional costs to the Contractor for added supervisory requirements, costsassociated with time delays not covered by change order work, and costs resulting from the disruption and lossof productivity caused to other contract work by the extraordinary number of changes. The cumulative effectand full impact of the changes could not be identified at the time each change was made. The Contractor hassince demonstrated that these additional costs are legitimate and additional compensation is thereforelegitimate.

The negotiations with the Contractor on the amount of these additional costs have been detailed and protracted.They involved a combination of precise documentation, estimates, and compromise. The original amount ofthe claim by the Contractor was $355,327. The negotiated amount to settle these legitimate expenses and allremaining claim issues is $187,000.

RECOMMENDATION:

It is recommended that the Board approve a change order in the amount of $187,000 as compensation foradditional costs due to Port-caused delays and disruptions.

4 1991

DATE


Agenda Sheet

John Aguilar:65--SUBMITTED BY:


Date. 2/4/97

Item No 11

PROGRAM AREA



Maritime Operations

Overall Operations

SUBJECT:Jack London Square Parking Rates and Regulations

FACTUAL BACKGROUND:

The Port of Oakland presently operates 2,300 parking stalls in Jack London Square. Theseparking facilities include the 1,000, 7 level stall Washington Street Garage, the 295 stallUnderground Garage, the Amtrak Parking Lot, the Beverages and more! Parking Lot andseveral surface parking facilities such as Lots 5, 7, 9, 11, and 13 (see attached map).

The Port has been operating the parking program under a promotional rate structure designedto attract both new tenants and new customers by offering three hours free parking for ourtransient parking guests. This promotional program has been in operation for more than sixyears without any changes or modifications. Now that Jack London Square's office space is100% leased and the retail space is 90% leased (including tenant spaces that are underconstruction), a promotional parking program which the Port heavily subsidizes is no longernecessary. During peak periods the parking facilities most centrally located to the majortenants are at peak capacity. In addition, as a result of other new development opportunities,we are also losing overflow parking that has been available on surface parking lots.

The parking revenue collected by the Port is not covering our costs which include additionalstaffing necessary to handle the increasing demand, the cost of taxes the Port must pay to theCity for its parking operations, general maintenance, utilities, elevator maintenance,depreciation and the cost of finance. It is estimated that these costs for the Washington StreetGarage alone are equivalent to $110.00 to $140.00 per parking stall per month.

There are two major parts to the parking program: the hourly parking program for "transient"guests of Jack London Square and the long-term program or "monthly" program for officeworkers and employees of businesses.

In order to establish this new rate program, the Commercial Real Estate Staff formed aCreative Action Team (CAT) to discuss an equitable program for Port employees. The CAT,composed of employees from various divisions, has concurred with the proposed program. Inaddition, CRE staff has presented this parking program to Port tenants.

The attached matrix delineates the rates as they currently exist and the proposed new rates forBoard adoption.

Recommendation:

It is recommended that ordinance number 3044 be amended to provide for the attached newparking rates to be effective April 1, 1997:


MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY

Washington Street Garage/Lot 13 (east of Alice)

With Validation


Existing Proposed

Entering after 10:00 AM: 3 hrs freewith or without validations

Entering before 10:00 AM: 1 hr free withoutvalidation thereafter$0.75 per half hour.Daily - 12 hr Maximum $6.00



Without Validation

No unvalidated rates exist, since all parkingwas provided with the same rate as above

$1.00 for the first hour and $1.00 for each 1/2hour, thereafter


Existing Proposed





Underground Garage

With Validation


Without Validation

$1.00 for the first hour$1.00 per half hour, thereafter.

$1.00 for the first hour and $1.00 for each 1/2hour, thereafter

Daily 12-hr maximum $10.00. Daily 12-hr Maximum $10.00

Existing Proposed



1st hr. free $0.75 per half hour thereafter


Parking Rate Matrix

Transient Parking Rates

Other Surface Parking Lots with Revenue Control

With Validation


Without Validation

$1.00 for the first hour$1.00 per half hour, thereafter.Daily 12-hr maximum $8.00.

No change


Parking Meters/Automated Machines

$0.50 per hour

$0.75 per hour (same as City's current rate)

Monthly Parking Program


Existing Proposed


Option 1. Open Parking $100.00 per monthNon-Port employee $40.00 This parking operation would be available to anyOutside nest $55.00

Port monthly customer

Option 2. Covered Nest Parking $60.00 permonth

Option 3. Seventh Level Parking $40.00 permonth

Lots 5, 7 and 9 ( between Webster and Alice Streets)

Monthly parking nest $55.00 No change proposed

Lot 13 (east of Alice Street)

Special note: This parking facility will no longer be operable after Cirque du Soleil moves into thesite. This site is to be sold as of August 1997.

Present rate $27.50

$55.00 per month


Port employee rate discontinued

Lot 11 (Webster and Embarcadero)

Present rate $27.50 new $55.00

All proposed parking Rates include the City of Oakland Parking tax of 10%

Transient Parking Program Policies

Program Existing Policy Proposed Policy

Validation Stamps good for one Validation Stamps to retail and.Port Retail/Restaurant hour, 3 hours in the restaurants would increased toTenant Validation Washington Street Garage and $10.00 per book. In addition,Policy Lot 13 parking facility until that consideration is being given to

facility is no longer in use, but providing on-line validationno later than April, 1997. machines to the cinema and These validations are now Yoshi's.available at $1.00 per book of There would be an additional100 stamps. (Validations are option of providing tenants whonot required currently in the request it, the use of a portableWashington Street Garage). validation stamp machine for

their use. The cost of each ofthe machines to the tenantswould include a $75.00refundable deposit and amonthly fee of $20.00. Thedeposit would ensure the returnof the machine and thepayment of the monthly fee.The fee would offset the costand maintenance of themachines. The fee is notconnected to the number ofvalidations at this time.

Office validations are generally Office tenants would be able toOffice Validations not provided to office tenants in acquire validations at $10.00Policy most mixed-use projects. None per book. Validations would be

are required due to the fact that good for one hour free parkingthe project currently has three in any parking facility.hours free parking in theWashington Street.

$1.00 all day, limit five stickers $1.50 all day limit five stickersfor surface parking facilities per ticket, and limit 20 stampsonly. per month per vessel.

Marina Validations

Cinema ValidationsNo validation required for Validation required with newparking in Washington Street program, good for three hoursGarage. No validation in Washington Street Garageavailable. only, not in underground

garage or other locations! Seeabove regarding on-line validation system.

Presently Port validations are In order to validate for half dayused for all day validations. parking the Port rate wouldThere is no one-hour validation increase to $2.50 perperiod. Validations cost each validation.department $2.00. Validations This rate would also be madearen't required to allow visitors available to the tenants. Therethree hours free parking after would be a routine 1 hour10:00 AM. This will change. validation available to the Port

at $10.00 per book.

Port Validations

Weekend Validations From 8:00 AM until 4:00 PM on We would discontinue thisSundays we are not requiring program and provide a methodproof of validation from our for validation to the Farmer'stenants primarily to support the Market.need for validated parking forthe Farmer's market

Special Event ParkingApplicable to uncontrolled parking lots

Existing Proposed$1.00 per event (in advance) $5.00 per event (in advance)

Prepaid ParkingAvailable to Restaurants or Banquet customers

Existing Proposed$3:00 per event $4.00 per event

It

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MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLYI II I

DATE


Agenda SheetSUBJECT: Authorization for the Executive Director

to Execute the Covenant of Deed RestrictionConcerning the Embarcadero Cove StateSuperfund Site

Date. February 4, 1997

PROGRAM AREA

Item No 12

II Airport Operations

Ix' Commercial Real Estate

SUBMITTED BY: Frederick R. Ferrin I1 Maritime Operations

EXECUTIVE OFFICE RECOMMENDAT ON: Overall Operations

FACTUAL BACKGROUND:

The Port owns property (approximately 1.3558 acres) at the northwest corner ofEmbarcadero and Dennison Streets known as the Embarcadero Cove State Superfund Site.The site is currently vacant, but was formerly used by a Monsanto subsidiary. OnJuly 8, 1987, the California Department of Health Services (OHS), now the Department ofToxic Substances Control (DTSC), issued Remedial Action Order HSA87/88-002RA to thePort of Oakland and Monsanto Company as respondents. The Order required therespondents to conduct extensive characterization of hazardous materials at theEmbarcadero Cove Site and to follow California Superfund procedures to remediate the Site.

Certain remedial actions have been completed at the Site, such as the installation of a highdensity polyethylene barrier wall and multimedia cap. On-going operation and maintenanceactivities are currently being performed at the Site and additional future actions may also berequired. DTSC has taken the position that before it will "certify" the Site, additionaldocuments have to be submitted and approved by DTSC. One of these documents is aCovenant of Deed Restriction ("Covenant") which would prohibit future site development ofcertain uses including residential, hospital and health clinics, day-care center, and schools.In addition, no raising of food shall be permitted, nor shall the property be subdivided. TheCovenant would restrict site uses to commercial (including office buildings, stores, banks,restaurants and service outlets) and industrial. After execution by the Port and DISC, theCovenant would be recorded.

RECOMMENDATION:

It is recommended that the Board of Port Commissioners pass a resolution approving andauthorizing the Executive Director to execute the Covenant of Deed Restriction as outlinedabove.

BOARD ACTION REQUIRED:APP-Rovsn -ts'y .7E5VP.

FEB - 4 191

SUBJECT: Approval to Hire Hartman Consulting Groupto Conduct Habitat and HydrodynamicInvestigations Associated with the50' Channel Deepening Project



Date: February 4, 1997Item No. 21

PROGRAM AREA

O Airport Operations• Commercial Real Estate


BOARD ACTION REQUIRED:FEB - 4 1991

,, 'z-;SISTAN T SECRETARY OF THE BOAR r111

D MOTION

12 RESOLUTION

D ORDINANCE

11] INFORMATION ONLY

BO D ACTION TAKEN DATE7


FACTUAL BACKGROUND:

In order to accommodate the newest generation of deep draft container ships, the Portmust deepen the shipping channels and Port-maintained berths to a maximum depth of 50 feetbelow MLLW (excluding overdredge). Approximately 20 million cubic yards of sediment couldbe dredged in this effort. Port staff has begun the process of evaluating disposal options forthis sediment, including ocean disposal, in-Bay, upland and nearshore reuse construction fill,and reuse as capping material for contaminated sediment sites in San Francisco Bay. One ofthe more promising options is to use the material for habitat creation in the Middle Harbor. Thisoption could save money compared to some the other options, as well as provide marine habitatbenefits for the Oakland shoreline.

The Port issued a request for proposals in November to previously experienced firmsto assist the Port in the habitat and hydrodynamic investigations needed to pursue the habitatand fill disposal options. Of the three consultant teams competing, the selection committeecomprised of staff from the Environmental Department, Engineering Project Management, Officeof Equal Opportunity, and a Representative of the U.S. Army Corps of Engineers determined thatthe Hartman Consulting Group rated highest. Approximately 15% of the work will be performedby Oakland-based M/WBE subconsultants, and another 18% of the work will be performed bya non-Oakland WBE. The Port's Office of Equal Opportunity concurs in this selection.

COST OF SERVICE

It is proposed that Hartman Consulting Group be paid up to $996,040 on a cost plusfixed fee basis for performing the scope of work, plus, if needed, an additional $150,000 whichmay be approved by the Executive Director.

RECOMMENDATIONS


1. Determine that the consulting services described above are professional services;

2. Authorize the preparation and execution of an agreement with Hartman Consulting Groupto provide the above-described professional services for the 50-foot deepening project, upto a total of $996,040.

3. Authorize the Executive Director to approve additional work in an amount up to $150,000,if needed.


EXECUTIVE OFFICE RECOMMENDATI

0. -?--77-)/ (-

BOARD ACTI N TAKEN74 .,/ 67/4-7-7,----"

il.ECRETARY OF THE BOARD614$13Tit

19 91


SUBJECT: Authorization to Prepare and Execute anAgreement with EVS Environmental Consultants forthe Collection, Testing and Analysis of DredgedMaterials for the 50' Harbor Deepening Project

Date: February 4, 1997Item No. 22

PROGRAM AREA

q Airport Operationsq Commercial Real Estate121 Maritime Operationsq Overall Operations

FACTUAL BACKGROUND:

Critical to the deepening of the Port's channels and berths from the currently maintained depths to -50'is accurate and timely sediment testing and analysis. In order to secure permits for the deepening project, wemust analyze several disposal options, each with its own testing requirements. This project will include analysisfor the beneficial and cost effective reuse of over 20 million cubic yards of dredged materials. Accurate testingconducted by a laboratory with experience and insight in the reuse of dredge materials is key to the success ofthe project. The Port stands to save millions of dollars and years of work if our consultants are able to accuratelycharacterize the dredged sediments to the satisfaction of the Regulatory Agencies for appropriate disposal andreuse.

Therefore, the Port is seeking expert professional consultation and analysis to evaluate the sediments forvarious disposal options. The Port contacted over 500 firms in August 1996, to solicit interest in performingenvironmental work associated with the 50-foot project. Of the 500 contacts, we received approximately 90responses which were evaluated to determine those which indicated specialization in sediment testing and analysiswork. A Request for Proposal was then issued in November 1996 to the 10 firms with the most relevantexperience. Three proposals were received and were evaluated by staff from Engineering Project Management,Environmental Planning, Purchasing, Office of Equal Opportunity and, at the request of the Port, the USEnvironmental Protection Agency (USEPA). The firms were evaluated on their approach to the project, effectivenessof team organization, experience and expertise in technical areas, compliance with EEO guidelines, participationof Oakland-based prime and subconsultants, and cost of the work. EVS Environmental Consultants (EVS) wasrated highest of the three proposers.

Sediment testing is an extremely esoteric and specialized field, therefore few consulting firms attempt tobuild expertise in this area. The recent closure of regional Navy bases and the apparent demise of the BaldwinShipping Channel project have left few large dredging related projects in this area other than the 50' DeepeningProject for local consultants to focus on. For these reasons, it is doubtful if any local firms would be interestedin building The required expertise to complete a project of this size. Capital expenditures for constructing andstaffing a dredged material testing laboratory facility are extremely high.

However, since EVS has existing expertise and facilities, expansion into the local market may be practical.Therefore, EVS has committed to opening an Oakland office within four weeks of being awarded the contract.Although an office manager will be moved to the Oakland office from Seattle, EVS has made a commitment to staffthe office with local residents. Further, EVS will make a good faith effort to hire additional technical staff from thelocal community and will participate in mentorship programs through local colleges and universities. To the extentpossible, EVS will purchase supplies and equipment from local vendors.

The Port has never been able to utilize Oakland based consulting firms for our sediment testing andanalysis needs. The presence of EVS in Oakland will give the Port a local option for our testing needs where theongoing changes in regional policies often makes working in the Bay Area a separate specialty. Additionally, basedon EVS's reputation, it is likely that others, such as the US Army Corps of Engineers, local and Southern CaliforniaPorts will seek EVS's expertise thus bringing additional money and training opportunities into the local community.


q MOTION

IA RESOLUTION

q ORDINANCE

q INFORMATION ONLY

Authorization to Prepare and Execute an

Page 2Agreement with EVS Environmental Consultants for

February 4, 1997

the Collection, Testing and Analysis of DredgedMaterials for the 50' Harbor Deepening Project

Port staff has met with EVS and has agreed on a scope of work and a cost estimate to complete the study.EVS will conduct the study at an agreed-upon cost plus fixed fee not to exceed $3,700,000. In addition to themaximum contract amount of $3,700,000, it is requested that the Executive Director be authorized to approve upto $500,000 of additional work, if needed. This work is covered under CIP #MA.02871.01. The Port's Office ofEqual Opportunity concurs in the selection of EVS Environmental Consultants.

RECOMMENDATION


1) Determine that the consultant services described above are professional services , and

2) Authorize the preparation and execution of an agreement with EVS Environmental Consultants inaccordance with the provisions above.

3) Authorize the Executive Director to approve additional work in an amount up to $500,000, if needed.

EMPLOYEES AS OF AS OF AS OF AS OF AS OF2/1/91 1/23/96 12/17/96 1/21/96 2/4/97

Full-Time Employees 612.00 FTE 566.00 FTE 547.00 FTE 545.00 FTE 542.00 FTE

Part-Time Employees 2.13 FTE 3.00 FTE 3.00 FTE 3.00 FTE 3.00 FTE

Relief Telephone Operators 2.98 FTE 2.98 FTE 2.98 FTE 2.98 FTE

Relief Airport Custodians(P/T)

15.00 FTE 10.00 FTE 10.00 FTE 10.00 FTE11.00 FTE*

Relief Airport Custodians(Intermittent, P/T)

0.48 FTE 0.00 FTE 0.00 FTE 0.00 FTE

TOTAL FTE 625.35 FTE 587.46 FTE 562.98 FTE 560.98 FTE 557.98 FTE**

1 .1

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


DATE


Agenda SheetSUBJECT: Personnel Items Date: February 4, 1997

- Examination Announcements Item No. 31

PROGRAM AREASUBMITTED BY: Gilbert C. Apodaca

EXECUTIVE OFFICE RECOMMENDATION: Charles W. Foster 1

Airport Operations


Maritime Operations

x

Overall Operations

FACTUAL BACKGROUND:

EXAMINATION ANNOUNCEMENTS - Resolution (1 Reading)

It is requested that the Board approve the following Civil Service examination announcements for Port Electricianand Port Equipment Mechanic.


• FY 96-97 Budgeted FTE: 570.13 FTE


** Count decrease due to the resignation of a Senior Engineering Assistant, a Port Electrician, and a GeneralManager, Project. Management and Environmental Services.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding examination announcements.



Agenda SheetSUBJECT: CLOSED SESSION Date February 4, 1997

Item No 40

PROGRAM AREA

SUBMITTED BY: Christopher C. MarshallCC 27-7

I Airport Operations


Maritime OperationsX Overall Operations

FACTUAL BACKGROUND

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:Two Cases.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.Subdivision (a) of Government Code Section 54956.9. Names of Cases:

City of Oakland v. Keep On Trucking Company, Inc.U.S. Dist. Court of No. CA Case No. C95-03721

City of Oakland v. Zurich Insurance Company, et al. San Mateo SuperiorCourt Case No. 371894 and City of Oakland v. Seabreeze Yacht Center, Inc., et al., U.S. Northern District, Case No. 92 0380 MHP


MOTION BOARD ACTION TAKEN DATERESOLUTION

ORDINANCE

INFORMATION ONLY SECRETARY OF THE antkon

SUMMARY AGENDA OF BOARD CALENDARFebruary 4, 1997

AIRPORT

2S Award of Contract for Removal of Rubber Depositsfrom and Restriping of Runways for the PeriodCommencing March 1, 1997 and Ending February 28,1998, 1999, or 2000, MOIA. (Resolution)

Notifies of the one bid received and recommendsaward of the contract.

3S Approval of Plans and Specifications forRemodeling Restrooms in Buildings M-103 and M-130,South Airport, MOIA. (Resolution)

Recommends their approval and authority toadvertise for bids for the remodeling work.

MARITIME

23S Amendments to Port of Oakland Tariff 2-A:(1) Modification of Current Dockage AssessmentProcedures; (2) Revised Designation for 7th StreetZPMC Container Crane; and (3) Establishing SpaceAssignment Rates for Maintenance & Repair Areas.(Ordinance)

Recommends approval to correct or amend certainprovisions in the tariff relating to dockage,crane designation, and space assignment rates.

24S Approval of Plans and Specifications for LoadTesting of Piles at Berths 24 and 25, and Approvalto Prepare and Execute an IndemnificationAgreement with Maersk Pacific LTD. (Resolution)

Recommends their approval and authority toadvertise for bids for the testing.

OPERATIONS

32S Approval of One-Year Extension of FinancialAdvisor Contract with Fullerton & Friar, Inc.., forPeriod March 17, 1997, through March 16, 1998.(Resolution)

Recommends approval to extend their contract forone year.

ORDINANCES:

Port Ordinance No. 3358 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF CERTAINLEASE WITH AMERIFLIGHT, INC. AND DIRECTINGRECORDATION THEREOF."

Provides a new lease with Ameriflight.

Port Ordinance No. 3359 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TOCONTAINER CRANE ASSIGNMENT AND RENTAL PATES."

Provides approval to establish the crane rentalrate for the newly acquired cranes from APL.

Ix' Airport OperationsCommercial Real Estate

r7 Maritime OperationsOverall Operations

9171.-13.SUBMITTED BY: Steven J. Grossman 3'EXECUTIVE OFFICE RECOMMENDATION:


Agenda Sheet

SUBJECT: First Reading of Ordinance Approving New LeaseWith Existing Tenant, Ameriflight, Inc.(9061 and 9171 Earhart Road, North Airport)

Date: January 21, 1997

Item No. 1

PROGRAM AREA

Ameriflight, Inc. (Ameriflight), an air courier company, occupies 2,660sf of office, 17,440sf of hangar, 1,020sf of shop,3,680sf of mezzanine, 91,083sf of apron and 5,830sf of paved parking all located in and adjacent to Building L-210, 1,050sfof office, 8,127sf of hangar, 966sf of storage, 78,443sf of apron and 3,386sf of paved parking all located in and adjacentto Building L-230D and 700sf of office, 5,124sf of hangar, 2,267sf of shop/storage, 1,392sf mezzanine/storage, 44,034sfof apron and 1,298sf of paved parking all located in and adjacent to Building L-230C.

Ameriflight and Port staff have reached agreement on a proposed lease for the above described premises, the principal termsof which include the following:

o Use: Air courier operations including aircraft maintenance, repair, loading and unloading, storage and an operations basefor transportation services and uses reasonably incidental thereto e.g. dispatch, administrative and sales office use;

o Rental: $28,035.70 per month, subject to upward adjustment every thirty months based upon the change in the ConsumerPrice Index and subject to further additional upward adjustment in year 10 based upon the then fair market rental valueof the premises. Ameriflight would continue to be liable for monthly payment to the Port of fuel flowage fees pursuantto Port Ordinance (currently at $0.15 @ gallon). Ameriflight would be responsible for increasing its performance depositto $56,071 which would be subject to upward adjustment in the manner indicated above for rent;

o Term: 15 years with one five year option on Ameriflight's part to renew; the five year option would be conditioned uponAmeriflight's investment of a CPI adjusted $200,000 in code-related improvements.

o Capital Investment Upgrade of Leased Premises: The initial term of the lease would be conditioned upon Ameriflight'sinvestment of at least $600,000 in building improvements including a one-story, administration office building annex ofapproximately 6,000sf to Building L-230C. The proposed remodel will decrease the apron (aircraft staging and parking)portion of the premises in favor of an increase in administrative office space. The remodel will not increase Ameriflight'scurrent level of flight activity - an estimated forty flights per day. Ameriflight's fleet consists of aircraft in the 3,500 to18,000 lb. weight class. There is no Port capital investment associated with the proposed lease; nor rent credit toAmeriflight;

o Prevailing Wage and Equal Opportunity: Ameriflight would be obligated to comply with applicable Port Prevailing Wage andEqual Opportunity policies and

o Maintenance Responsibility: Ameriflight would be responsible for all maintenance except for that pertaining to the apron,roof, walls and annual greasing of hangar door fittings, only as required, which would be the Port's responsibility.


ri MOTION BOARD ACTION TAKEN DATEpi RESOLUTIONPT ORDINANCEn INFORMATION ONLY SECRETARY OF THE BOARD

First Reading of Ordinance Approving New LeaseWith Existing Tenant, Ameriflight, Inc.(9061 and 9171 Earhart Road, North Airport)January 21, 1997Page Two

On October 13, 1995, a categorical exemption covering Ameriflight's related License and Concession Agreement was filedwith Alameda County. This proposed Lease includes minor changes to provisions of the License and Concession Agreementsuch as: the monthly rental amount, reducing the apron space by 3,000 (plus/minus) square feet, increasing parking spaceby 250 (plus/minus) square feet, and reducing the proposed exterior remodeling improvement from 7,200 to approximately6,000 square feet.

This project has been determined to be categorically exempt from requirements of the California Environmental Quality Actand the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301 (p) which exempts renewals, extensions oramendments to leases or license and concession agreements where the premises or licensed activity was previously leasedor licensed to the same or another person, and involving negligible or no expansion of use beyond that previously existingand Section 15301 (e) which exempts additions that will not result in an increase of more than 10,000 square feet, if theproject is in an area where public services and facilities are available to allow for maximum development permissible in theGeneral Plan and the area in which the project is located is not environmentally sensitive.

RECOMMENDATION:

It is recommended that the Board approve the first reading of an ordinance approving the lease with Ameriflight, Inc. asdescribed above.

c:NwpS 1 Ulies,boardlamr4.bd



Agenda SheetSUBJECT: New Crane Rental Rates in Port

Tariff 2-A for Middle HarborTerminal

N Ito N .

iJ


23SItem No.

PROGRAM AREA

Airport Operations


x J Maritime Operations GI f) Overall Operations


FACTUAL BACKGROUND:

On December 2, 1996, the Board of Port Commissioners approved agreementspertaining to the termination and relocation of American President Lines(APL) operations from Middle Harbor Terminal (Berths 60-63) to thefacility at Berth 25/26 where the operations will eventually be providedby Trans Pacific Container Service Corporation (TraPac). In Oakland,•TraPac will be responsible for coordinating all cargo and terminaloperations for the Global Alliance of shipping lines which is comprisedof APL, Orient Overseas Container Line (OOCL), Mitsui O.S.K. Lines, Ltd.(MOL) and Nedlloyd Linjen, B.V. (Nedlloyd).

One of several issues the Board approved with the relocation was topurchase APL's three post Panamax cranes which are designated as X-446,X-447, and X-448.

In order to facilitate relocation to the TraPac facility whileoperations are winding down at the Middle Harbor Terminal, APL hasentered into a short term rental of the three post Panamax cranes fromthe Port at a rate of $82,000.00 per month. The rental will cover APLprimary operations as well as existing secondary users operating at theMiddle Harbor Terminal as of December 26, 1996. The rental term willcontinue in effect until APL relocates its Global Alliance operations tothe consolidated TraPac facility. If APL and the Port have not executeda mutually agreeable termination and relocation agreement by March 1,1997, then the rental rate for the cranes will change to an hourly rateto be established in the Port tariff, subject to future increasesconcurrently with general tariff increases for Port-owned cranes. Alsoincluded in the short term rental agreement is a provision where thePort has the right to establish a separate level of crane rental ratesfor subsequent secondary users which may call at the Middle HarborTerminal after December 26, 1996.

We are now prepared to establish tariff crane rental rates for the threepost Panamax cranes purchased from APL. The proposed hourly rental ratewill be $425.00, with hourly maintenance and repair of $180.00 and powercharges of $30.00.

The proposed crane rates are in line with rates assessed other similarPort-owned cranes.

RECOMMENDATION:

Approval of the crane tariff rates as outlined above, effective March 1,1997.



RESOLUTION

XI ORDINANCE

INFORMATION ONLY


13

O MOTION

RESOLUTION

q ORDINANCE

O INFORMATION ONLY


DATE

4 991E/ 7 7


Agenda SheetSUBJECT: Award of Contract for Removal of Rubber

Deposits from and Restriping of Runwaysfor the Period Commencing March 1, 1997and Ending February 28, 1998, 1999, or 2000,MOIA

SUBMITTED BY: Frederick R. FerrinEXECUTIVE OFFICE RECOMMENDATION:

Date: February 4, 1997Item No. 2S

PROGRAM AREA

In Airport Operations




FACTUAL BACKGROUND:

One bid was received and opened on January 8, 1997 for the REMOVAL OF RUBBER DEPOSITS FROMAND RESTRIPING OF RUNWAYS FOR THE PERIOD COMMENCING MARCH 1, 1997 AND ENDINGFEBRUARY 28, 1998, 1999, OR 2000, MOIA, OAKLAND, CALIFORNIA.

Bidder Location Bid Price..Rampart Waterblast, Inc. Coraopolis, PA $80,500.00

A copy of the bid canvas is on file. The engineer's estimate for the work is $50,000.

The bid received was higher than the Engineer's estimate due to the extra cost of rubber disposal, a newenvironmental requirement this year, and the limited number of bidders who possess the specialized rubberremoval equipment. The other two prospective bidders informed the Port that they were busy with otherjobs at the time the bids were due. They indicated that they would bid should the project be re-bid.However, it is expected that the cost of re-bidding will outweigh any savings anticipated upon re-bidding.

Rampart Waterblast, Inc. did not list any subcontractors with their bid and intend to perform all of the workthemselves. Accordingly, it is recommended that Rampart Waterblast, Inc., be considered to be aresponsible bidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs in thisrecommendation.

The expense budget for Fiscal Year 1997 provides for this work under Pavement and PaintingMaintenance, Aviation Facilities Maintenance.

RECOMMENDATION:

It is recommended that Rampart Waterblast, Inc. be found to be a responsible bidder, and that the contractfor the above project be awarded to Rampart Waterblast, Inc. for the amount of its bid.

FEB - 4 1991

DATE

101

gab-WANT SECRETARY OF THE BOARD


EI MOTION

RESOLUTION

0 ORDINANCE

El INFORMATION ONLY

.jt,piPR,TP7,-01+ ENSOL

BOARD ACTION TAKEN



Remodeling Restrooms in Buildings M-103and M-130, South Field, MO1A

SUBMITTED BY: Frederick R. Ferrin —,


Date: February 4, 1997Item No. 3S

PROGRAM AREA



EI Maritime Operations

Overall Operations

FACTUAL n A PW=RrIHNn:

Plans and Specifications have been prepared for REMODELING RESTROOMS IN BUILDINGS M-103 AND M-130, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, and are hereby submitted for approval and authorization to advertise forbids. M-103 is the passenger loading building in Terminal 1 and M-130 is the Terminal 2 building.

The existing restrooms on the second floor of Building M-103 were constructed in the early 1980's.The facilities are old and are in need of various aesthetic and functional improvements. The existingWomen's Restrooms in Building M-130 also need modifications. Further, these restrooms are not incompliance with the Americans with Disabilities Act (ADA) and Title 24 Building Code requirements.

It is proposed that the existing restrooms on the second floor of Building M-103 be remodeled to matchthe existing restrooms on the first floor of Building M-102, so that all the restrooms in Terminal 1 will besimilar in appearance. Women's Restrooms in Building M-130 will be modified to improve theirappearance and functional adequacy. All the restrooms will comply with ADA and Title 24 BuildingCode requirements after they are remodeled.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP No. A2.0356.05 andA2.0356.06. The funding source is Port cash.

This project has been determined to be categorically exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) pursuant to the Port's CEQA guidelines.

RECOMMENDATION:

It is recommended that the plans and specifications be approved and authorization be granted to advertisefor bids to be received on March 5, 1997.

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FE - 4 191

DATE


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Amendments to Port of Oakland Tariff 2-A: Date- February 4, 19971) Modification of Current Dockage Assessment

Procedures Item No 23S2) Revised Designation for 7th Street ZPMC

Container Crane3) Establishing Space Assignment Rates for

Maintenance & Repair AreasSUBMITTED BY: Leo R. Brien


FACTUAL BACKGROUND:

We propose the following modifications to Port of Oakland Tariff 2-A:

1. Dockage. Charges for dockage are assessed against a vessel forberthing at a Port wharf, pier, bulkhead structure, bank, or formooring to a vessel so berthed. In accordance with the Porttariff, these charges are based upon a 24 hour period minimumassessment. Thus, when ocean going vessels are on berth forslightly more than 24 hours, an assessment for a full second 24hour period is made. In general, this procedure is consistent withtraditional practices conducted by the other California ports.However, recently some of the shipping lines and terminal operatorsnotified the Port of scheduling difficulties with the vessel laborallocations resulting in additional vessel time on berth and anincrease in assessments for a second full 24 hour dockage period.While these sailing delays are beyond the direct control of thevessel, the terminal operator or the Port, there is a genuineconcern that terminal operations do not become any more difficultfor Oakland vessel calls. We have conducted our own analysis ofthe present procedures and have determined that an adjustment tothe Tariff dockage assessment practices is now warranted.

The proposed modification will continue to base charges for dockageso that the first day is subject to a 24 hour minimum. However, weare proposing that Item 04130 of Tariff 2-A be amended so thatcharges beyond the first 24 hour period will be assessed in fullsix hour increments but at twenty-five percent (25%) of the Tariffdaily dockage rate for each subsequent six hour period beyond thefirst 24 hours. We believe this change fairly addresses vesselcost concerns when the need arises to berth for more than a single24 hour period while also protecting Port revenues.

2. Designation of 7th Street ZPMC Container Crane. Due to acompilation error in the Tariff, one of the container gantry cranesat the Seventh Street Marine Container Terminal is presentlydelineated as ZPM Crane No. X-432. We now desire to amend thisinaccuracy by publishing the correct designation as "ZPMC Crane No.X-437" in Item 09157 of the Tariff.

Both of the above amendments will be effective April 1, 1997.

boarcFebru,—y 4, 1997Page 2

3. Space Assignment Rates for Maintenance & Repair Areas.

The Tariff presently contains a specific rate for MaintenanceRepair Space at Building B-213. However, rental compensation forthis area is incorporated into a long term preferential assignmentagreement and we desire to delete the published Tariff rate forBuilding B-213. Concurrently, we also desire to establish a moregeneral rate category for maintenance repair space by adding thefollowing to Item 10160 of the Tariff:

Space, Covered, not otherwise specified (N.O.S.) $.75/sq.ft./mo.

The new rate for maintenance repair space will be effprt“7.6, March20, 1997 and is at the same rate level for similar facilitiesthroughout the Port.

RECOMMENDATION: Approval of Tariff changes as outlined above.


0 MOTION

RESOLUTION

ORDINANCE

El INFORMATION ONLY AssquraNT SECRETARY OF THE BOARD

'3807J137%10

FEB - 4 199-1

DATE


Agenda SheetSUBJECT: Approval of Plans and Specifications for Load Testing Date. February 4,_1997

of Piles at Berths 24 and 25, and Approval to Prepare Item No 24S and Execute an Indemnification Agreement withMaersk Pacific LTD PROGRAM AREA

SUBMITTED BY: Frederick R. Ferrin----4*-1.-A.--,Na--




Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

Plans and specifications have been prepared for LOAD TESTING OF PILES AT BERTHS 24 AND 25,OUTER HARBOR, OAKLAND, CALIFORNIA, and are hereby submitted for approval and authorization toadvertise for bids.

The Port has performed a study to determine existing applied crane loads and maximum structuralcapacities of existing crane rail girders at all of our marine terminals. The results of the study indicate thatpile load testing is required at Berths 24 and 25 to validate calculated theoretical capacities at these berthsand to provide an accurate assessment of current crane girder capacities. The load testing will beperformed on one pile each at Berths 24 and 25. Depending on the initial test results, two additional testsmay be performed if necessary.

The work consists in general of removing the tops of the existing piles, locating Maersk crane X-408 abovethe test piles, installing jacking equipment, applying loads to the piles, recording test data and repairing thepiles.

Maersk crane x-408 is proposed for use in the tests because of it's heavy weight and it's proximity to thetest locations. An indemnification agreement is required between Maersk and the Port for the use ofMaersk's crane during the tests.

The proposed testing is exempt from the requirements of the California Environmental Quality Act inaccordance with Port CEQA Guidelines, Article 19, Section 15306, pertaining to basic data collection,research, experimental management, and resource evaluation activities which do not result in serious ormajor disturbance to an environmental resource.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP No. MA.02871.02. The fundingsource is Port cash.

RECOMMENDATION:

It is recommended that (1) the plans and specifications be approved and authorization be granted toadvertise for bids to be received on March 5, 1997; and (2) the Executive Director be authorized to executean indemnification agreement with Maersk Pacific LTD for use of crane X-408 in the tests.

H MOTION

X1 RESOLUTION

ORDINANCE

INFORMATION ONLYII

BOARD ACTION REQUIRED:DATE

''r"' 6a SECRETARY OF THE BOARD


Agenda SheetSUBJECT: Approval of One-Year Extension of Financial Advisor Date: February 4, 1997

Contract with Fullerton & Friar, Inc., for Period March 17, 32S Item No.1997, through March 16, 1998

PROGRAM AREA

SUBMITTED BY: Sonali Bose, Chief Financial Officer DdSEXECUTIVE OFFICE RECOMMENDATION:

Airport OperationsCommercial Real EstateMaritime Operations

Overall Operations

1

1111

Ix'FACTUAL BACKGROUND:

On July 12, 1994, the Board approved awarding the financial advisory services contract toFullerton & Friar, Inc. On February 20, 1996, the Board approved the first of two one-yearextensions. The contract was for an initial two years, with two one-year options, and theretainer fee was not to exceed $200,000 during the two-year period, out-of-pocket expenseswere limited to $30,000 per year, and transactional fees, if any, were not to exceed $1.00per $1 ,000.00 of bonds issued.

In the initial two-year period, Fullerton & Friar devoted over 100 working days to the Port.During the one-year extension period, they have again devoted over 100 working days to thePort, with much of this time spent on the 1997 issuance.

As the first of the two one-year extensions ends March 16, 1997, it is recommended that theBoard exercise its option and extend the agreement for a final year through March 16, 1998.Fullerton & Friar will continue to play a critical role in the Port's next financing. The feestructure for the final one-year extension is the same as the current contract, as follows:retainer fee not to exceed $100,000, with out-of-pocket expenses limited to $30,000 per yearand transactional fees, if any, not to exceed $1.00 per $1,000.00 of bonds issued.

Fullerton & Friar has provided the Port with a high level of service over the past three yearsand based on this, as well as the need to have continuity for the Port's financing plans for thecoming year, it is recommended that the Board approve the final year extension of thecontract.

RECOMMENDATION:

It is recommended that the Board of Port Commissioners approve exercising the clause in thecurrent financial advisor contract with Fullerton & Friar, Inc., for an additional year throughMarch 16, 1998, under the current fee structure, and authorize the Executive Director, onbehalf of the Board, to prepare and execute an amendment to the contract.

COMMISSIONERS









TELEPHONE (510) 272-1100





Tuesday, January 21, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of December 17, 1996; and regularmeeting of January 7, 1997,


See Item 40



REPORT FROM CHIEF FINANCIAL OFFICER:

REPORT FROM DIRECTOR OF EQUAL OPPORTUNITY:

Equal Opportunity Annual Report

COMMITTEE REPORTS:

Aviation


Regular MeetingJanuary 21, 1997


10 Items.



AIRPORT

1 First Reading of Ordinance Approving New Leasewith Existing Tenant, Ameriflight, Inc. (9061 and9171 Earhart Road, North Airport). (Ordinance)

2S Approval of an Agreement to Extend Right-of-Entryand Indemnity Agreement with The Hertz Corporation(#1 Airport Drive, South Airport). (Resolution)

3S Approval of Airport Land Lease with United Statesof America, Department of Transportation, FederalAviation Administration for Site Investigation forProposed Air Traffic Control Tower (#1 AirportDrive, South Airport). (Resolution)

4S Approval of Plans and Specifications forRemodeling of Office Spaces, Second Floor,Building M-102, South Airport, MOIA. (Resolution)


11S Assignment of Lease from IL Pescatore Ristorante,a General Partnership, to IL Pescatore Ristorante,Inc., a California Corporation. (Resolution)

12S Award of Contract for Demolition of Buildings F-206 and F-215, Jack London Square. (Resolution)

13S Approval of Building Permit Application forHarrison Marine Center Site Remodel, 1295Embarcadero (Port Bldgs. P-108, P-106, P-104).(Resolution)

MARITIME


2



23S New Crane Rental Rates in Port Tariff 2-A forMiddle Harbor Terminal. (Ordinance)

24S Approval of Plans and Specifications forDemolition of Slab and Foundations for BuildingD-733, Harbor Transportation Center. (Resolution)

OPERATIONS

31 Personnel Items: Appointments; Amendment ofAppointment Date; and Leave of Absence.(Resolution)

32S Extension of Excess Workers' Compensation andEmployers Liability Insurance. (Resolution)


34 Approval of Contract with Robert J. Edwards, P.E.,Esq. for Consulting Services Regarding Small,Women-owned, Minority, Oakland Businesses and PortDevelopment of Opportunities. (Resolution)

CLOSED SESSION


Vote on the following Resolutions except Numbers 10 through 13:Ayes: Commissioners Cole, Harris, Lockhart, Loh, Taylor

and President Ortiz - 6Noes: NoneAbsent: Commissioner Kramer - 1Vote on Numbers 10 through 13:Ayes: Commissioners Cole, Lockhart, Loh, Taylor

and President Ortiz - 5Noes: NoneAbsent: Commissioners Harris and Kramer - 2

RESOLUTIONS:

97011 1 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO EXTEND RIGHT-OF-ENTRY AND INDEMNITYAGREEMENT WITH THE HERTZ CORPORATION.(Airport - 2S)

97012 2 AUTHORIZING, APPROVING AND EXECUTING A LEASE WITHTHE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION AND FEDERAL AVIATIONADMINISTRATION. (Airport - 3S)

97013 3 APPROVING PLANS AND SPECIFICATIONS FOR REMODELINGOF OFFICE SPACES, SECOND FLOOR, BUILDING M-102,SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND CALIFORNIA, AND CALLING FOR BIDSTHEREFOR. (Airport - 4S)

97014 4 APPROVING ASSIGNMENT OF LEASE FROM IL PESCATORERISTORANTE, A GENERAL PARTNERSHIP TO IL PESCATORE,INC., A CALIFORNIA CORPORATION.(Commercial Real Estate - 11S)

3


97015 5 AWARDING CONTRACT TO EVANS BROTHERS INC., FORDEMOLITION OF BUILDINGS F-206 AND F-215, JACKLONDON SQUARE, OAKLAND, CALIFORNIA, FIXING THEAMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Commercial Real Estate - 12S)

97016 6 GRANTING HARRISON'S BOAT CENTER, INCORPORATEDPERMISSION TO PERFORM CERTAIN WORK.(Commercial Real Estate - 13S)

97017 7 APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITIONOF SLAB AND FOUNDATIONS FOR BUILDING D-733, HARBORTRANSPORTATION CENTER, OAKLAND, CALIFORNIA, ANDCALLING FOR BIDS THEREFOR. (Maritime - 24S)

97018 8 AUTHORIZING EXTENSION OF EXCESS WORKERS'COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE.(Operations - 32S)


97020 10 CONCERNING CERTAIN APPOINTMENTS. JOperations - 31)

97021 11 AMENDING PORT RESOLUTION NO. 97008 CONCERNINGCERTAIN APPOINTMENTS. (Operations - 31)

97022 12 GRANTING LEAVE OF ABSENCE TO ROBERTO GOMEZ, PORTEQUIPMENT DRIVER. (Operations - 31)

97023 13 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH ROBERT J. EDWARDS REGARDING SMALL, WOMEN-OWNED, MINORITY, OAKLAND BUSINESSES CONSTITUTESPROFESSIONAL TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAIDAGREEMENT. (Operations - 34)

Vote on the following Ordinances:Ayes: Commissioners Cole, Harris, Lockhart, Loh, Taylor


ORDINANCES:

1 Port Ordinance No. 3357 being, "AN ORDINANCEAMENDING SECTION 8.114 AND 10.035 OF PORTORDINANCE NO. 867 CREATING ADDITIONAL POSITIONS."

Final.

Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF CERTAINLEASE WITH AMERIFLIGHT, INC. AND DIRECTINGRECORDATION THEREOF."

Airport - 1 to print.

3 Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TOCONTAINER CRANE ASSIGNMENT AND RENTAL RATES."


4


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, February 4, 1997 at3:00 p.m.

5

I II IH

Airport Operations

Commercial Real EstateMaritime OperationsOverall OperationsSUBMITTED BY: Steven J. Grossman 1•J•


MOTION

RESOLUTION

Ix] ORDINANCEINFORMATION ONLY


Agenda SheetSUBJECT: First Reading of Ordinance Approving New Lease

With Existing Tenant, Ameriflight, Inc.(9061 and 9171 Earhart Road, North Airport)

Date: January 21 1997

Item No. 1

PROGRAM AREA

FACTUAL BACKGROUND:

Ameriflight, Inc. (Ameriflight), an air courier company, occupies 2,660sf of office, 17,440sf of hangar, 1,020sf of shop,3,680sf of mezzanine, 91,083sf of apron and 5,830sf of paved parking all located in and adjacent to Building L-210, 1,050sfof office, 8,127sf of hangar, 966sf of storage, 78,443sf of apron and 3,386sf of paved parking all located in and adjacentto Building L-230D and 700sf of office, 5,124sf of hangar, 2,267sf of shop/storage, 1,392sf mezzanine/storage, 44,034sfof apron and 1,298sf of paved parking all located in and adjacent to Building L-230C.

Ameriflight and Port staff have reached agreement on a proposed lease for the above described premises, the principal termsof which include the following:

o Use: Air courier operations including aircraft maintenance, repair, loading and unloading, storage and an operations basefor transportation services and uses reasonably incidental thereto e.g. dispatch, administrative and sales office use;

o Rental: $28,035.70 per month, subject to upward adjustment every thirty months based upon the change in the ConsumerPrice Index and subject to further additional upward adjustment in year 10 based upon the then fair market rental valueof the premises. Ameriflight would continue to be liable for monthly payment to the Port of fuel flowage fees pursuantto Port Ordinance (currently at $0.15 @ gallon). Ameriflight would be responsible for increasing its performance depositto $56,071 which would be subject to upward adjustment in the manner indicated above for rent;

o Term: 15 years with one five year option on Ameriflight's part to renew; the five year option would be conditioned uponAmeriflight's investment of a CPI adjusted $200,000 in code-related improvements.

o Capital Investment Upgrade of Leased Premises: The initial term of the lease would be conditioned upon Ameriflight'sinvestment of at least $600,000 in building improvements including a one-story, administration office building annex ofapproximately 6,000sf to Building L-230C. The proposed remodel will decrease the apron (aircraft staging and parking)portion of the premises in favor of an increase in administrative office space. The remodel will not increase Ameriflight'scurrent level of flight activity - an estimated forty flights per day. Ameriflight's fleet consists of aircraft in the 3,500 to18,000 lb. weight class. There is no Port capital investment associated with the proposed lease; nor rent credit toAmeriflight;

o Prevailing Wage and Equal Opportunity: Ameriflight would be obligated to comply with applicable Port Prevailing Wage andEqual Opportunity policies and

o Maintenance Responsibility: Ameriflight would be responsible for all maintenance except for that pertaining to the apron,roof, walls and annual greasing of hangar door fittings, only as required, which would be the Port's responsibility.

BOARD ACTION REQUIRED: JAN 2 1 1991

First Reading of Ordinance Approving New LeaseWith Existing Tenant, Ameriflight, Inc.(9061 and 9171 Earhart Road, North Airport)January 21, 1997Page Two

On October 13, 1995, a categorical exemption covering Ameriflight's related License and Concession Agreement was filecwith Alameda County. This proposed Lease includes minor changes to provisions of the License and Concession Agreememsuch as: the monthly rental amount, reducing the apron space by 3,000 (plus/minus) square feet, increasing parking spaceby 250 (plus/minus) square feet, and reducing the proposed exterior remodeling improvement from 7,200 to approximately6,000 square feet.

This project has been determined to be categorically exempt from requirements of the California Environmental Quality Actand the Port CEOA Guidelines pursuant to Class 1 of Guidelines Section 15301 (p) which exempts renewals, extensions oramendments to leases or license and concession agreements where the premises or licensed activity was previously leasedor licensed to the same or another person, and involving negligible or no expansion of use beyond that previously existingand Section 15301 (e) which exempts additions that will not result in an increase of more than 10,000 square feet, if theproject is in an area where public services and facilities are available to allow for maximum development permissible in theGeneral Plan and the area in which the project is located is not environmentally sensitive.

RECOMMENDATION:

It is recommended that the Board approve the first reading of an ordinance approving the lease with Ameriflight, Inc. asdescribed above.

e:Iwp611ffirs1boardlarnt4.bd

11P.BOARD ACTION REQUIRED: 97/72 JAN 2 1


Agenda SheetSUBJECT: Personnel Items

- Appointments- Amendment of Appointment Date- Leave of Absence

SUBMITTED BY: ilbert C. Apodaca

EXECUTIVE OFFICE RECOMMENDATION: Charles W. Foster


Item No. 31

PROGRAM AREA




Overall Operations

FACTUAL BACKGROUND:

APPOINTMENTS - Resolution (1 Reading Required)

It is requested that the Board approve the following appointments:

Type of EffectiveName Title/Division Appointment Date

Salary/Wage

Edna Lima Airport Landside Services Civil Service 1/22/97 $3,562/month- Vacant Budgeted Position Coordinator rate "a"

Aviation Division

(Item 99B of Staffing Plan)

Dennis Tully Electrical-Mechanical Civil Service 1/22/97 $3,739/month- Vacant Budgeted Position Technician rate "c"


(Item 98B of Staffing Plan )

AMENDMENT OF APPOINTMENT DATE - Resolution (1 Reading)

It is requested that the Board approve the amendment of appointment date for Nancy Humphrey, Principal Port SafetyAdministrator, from January 13, 1997, to January 21, 1997.

REQUEST FOR LEAVE OF ABSENCE - Resolution (1 Reading)

Mr. Roberto Gomez, Port Equipment Driver in the Aviation Division, requests that the Board approve his leave of absencewithout pay for personal business reasons from February 15, 1997, through May 15, 1997, 90 calendar days, 64 workingdays.

El MOTION BOARD ACTION TAKEN DATE

RESOLUTION

El ORDINANCEINFORMATION ONLY AssisTANT SECRETARY OF THE B CARD

EMPLOYEES AS OF AS OF AS OF AS OF AS OF2/1/91 1/23/96 12/17/96 1/7/97 1/21/97




Relief Airport Custodians 11.00 FTE* 15.00 FTE 10.00 FTE 10.00 FTE 10.00 FTE(PrI")


0.48 FTE 0.00 FTE 0.00 FTE 0.00 FTE


AGENDA SHEET, PERSONNEL ITEMS--January 21, 1997



*Statistical breakdown of various Reliefs was not available during this period.

** Count decrease due to the appointment of a Principal Port Safety Administrator and the resignation of aPort Electrician and a Senior Electrical-Mechanical Technician.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments, amendment ofappointment date, and leave of absence.

SUBJECT: Approval of Contract withRobert J. Edwards, P.E., Esq. forConsulting Services RegardingSmall, Women-owned, Minority,Oakland Businesses and PortDevelopment of Opportunities

Date: Janilary 21_. 1997

3 4Item No

PROGRAM AREAri Airport Operations

pi Commercial Real EstateMaritime OperationsOverall Operations

' SUBMITTED BY: Gil A ca

GAZGGefri

TIEXECUVE OFFICE MRECOMENDATION:

DATE

I 1

n MOTIONRESOLUTIONORDINANCE

INFORMATION ONLY

BOARD ACTION TAK N

Agenda Sheet

FACTUAL BACKGROUND:

In meetings with the local business community, Port staff has learned that many small, minority and woman-owned Oakland businesses have not been successful in offering their services to the Port, particularly inpublic works construction, although they are very interested in doing so. In order to discover the underlyingcauses and to seek possible remedies, the Corporate Administrative Services Division will engage a businessdevelopment consultant, Robert J. Edwards, P.E., Esq. In addition to his work as an engineer for Bechtel,Mr. Edwards has been involved in business development projects in Palo Alto, Mill Valley, San Francisco, andLagos, Nigeria, e.g., improving competitive performance, limiting risk, improving efficiency, developing localand global markets.

Board of Port Commiss

rI

rs - PORT OF OAKLAND

In collaboration with the Chief Administrative Officer and the Office of Equal Opportunity, Mr. Edwards willprovide consulting services to the Revenue and Engineering Divisions, with emphasis on Airport Expansionand Joint Intermodal Terminal projects. Included in these services will be policy development, devisingstrategies to increase partnerships between local and national or regional firms who will be submittingproposals or bidding on this work. Strategies will encompass needs assessment, local business growth,technology transfer, training, and other appropriate techniques to assist local companies in expanding theircapacity for Port work, not only in public works construction, but as consultants and vendors as well.

Mr. Edwards' services will also include developing and implementing a local participation business plan forthe Port, highlighting objectives, priorities and strategies, with milestones to measure the Port's effectivenessin maximizing local firms' participation in the expansion of the airport, seaport and commercial real estate.

RECOMMENDATION:


1) Determine that the consulting services described above are professional services;

2) Authorize the preparation and execution of an agreement with Robert J. Edwards to provide the servicesdescribed above for a total not to exceed $40,000 for fiscal year 1996/97;

3) Authorize the Executive Director to approve additional work in an amount up to $5,000 if needed.

BOARD ACTION REQUIRED: 70 2 JAN 2 1991


Agenda SheetSUBJECT: CLOSED SESSION Date • January 21, 1997

Item No 40

PROGRAM AREA

Airport Operations


[ I Commercial Real EstateEXECUTIVE OFFICE RECOMMENDATION:

I Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:Two Cases


City of Oakland v. Keep On Trucking Company. Inc.U.S. Dist. Court of No. CA Case No. C95-03721

City of Oakland v. Zurich Insurance Company, et al. San Mateo SuperiorCourt Case No. 371894 and City of Oakland v. Seabreeze Yacht Center. Inc., et al., U.S. Northern District, Case No. 92 0380 MHP


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY



SUMMARY AGENDA OF BOARD CALENDARJanuary 21, 1997

AIRPORT

2S Approval of an Agreement to Extend Right-of-Entryand Indemnity Agreement with The Hertz Corporation(#1 Airport Drive, South Airport). (Resolution)

Recommends approval of the ROE to provide for themonitoring of the ground water wells.

3S Approval of Airport Land Lease with United Statesof America, Department of Transportation, FederalAviation Administration for Ingress/Egress toProposed Air Traffic Control Tower Site (#1Airport Drive, South Airport). (Resolution)

Recommends approval of the lease for the purposeof conducting tests and surveys at the site.

4S Approval of Plans and Specifications forRemodeling of Office Spaces, Second Floor,Building M-102, South Airport, MOIA. (Resolution)

Recommends their approval and authority toadvertise for bids for the interior improvements.


11S Assignment of Lease from IL Pescatore Ristorante,a General Partnership, to IL Pescatore Ristorante,Inc., a California Corporation. (Resolution)

Recommends approval to assign the lease. Notesthat the operation and ownership remains the same.

12S Award of Contract for Demolition of Buildings F-206 and F-215, Jack London Sauare. (Resolution)


13S Approval of Building Permit Application forHarrison Marine Center Site Remodel, 1295Embarcadero (Port Bldgs. P-108, P-106, P-104).(Resolution)

Recommends approval for the construction ofimprovements to their site on Embarcadero.

MARITIME

23S New Crane Rental Rates in Port Tariff 2-A forMiddle Harbor Terminal. (Ordinance)

Recommends approval to establish the crane rentalrate for the newly acquired cranes from APL.

24S Approval of Plans and Specifications forDemolition of Slab and Foundations for BuildingD-733, Harbor Transportation Center. (Resolution)

Recommends their approval and authority toadvertise for the bids for the demolition work.

Summary Agenda of Board CalendarJanuary 21, 1997Page 2

OPERATIONS

32S Extension of Excess Workers' Compensation andEmployers Liability Insurance. (Resolution)

Recommends approval to extend the insurance to abetter time in the year for competitive quotes.


Recommends approval for the travel of an engineerto Shanghai to inspect the cranes.

ORDINANCE:

Port Ordinance No. 3357 being, "AN ORDINANCEAMENDING SECTION 8.114 AND 10.035 OF PORTORDINANCE NO. 867 CREATING ADDITIONAL POSITIONS."

Provides for creating additional positions.



- Appointment- Creation of Additional Positions- Leave of Absence

13,?/,‘14/.67:SUBMITTED : Gilbert C. ApodacaEXECUTIVE OFFICE RECOMMENDATION: Charles W.FttFer r 07t

— f "

Date: January 7, 1997Item No. 31 PROGRAM AREA



Maritime Operations

ri Overall Operations

FACTUAL BACKGROUND:

APPOINTMENT - Resolution (1 Reading Required)



Humphrey, Nancy Principal Port Safety Civil Service 1/13/97 $5,342/month- Vacant Budgeted Position Administrator rate "a"



CREATION OF ADDITIONAL POSITIONS (New Items #98A and #99A)--Ordinance (2 Readings)

It is requested that the Board approve the creation of three additional positions of Electrical-Mechanical Technicianin the Engineering Division and one additional position of Airport Landside Services Coordinator in the AviationDivision to meet staffing needs.


Mr. Clay Worsham, Port Senior Accountant in the Finance Division, requests that the Board approve his leave of absencewithout pay for medical reasons from January 9, 1997, through and including January 12, 1997, 4 calendar days, 2 workingdays.



RESOLUTION

ORDINANCE

El INFORMATION ONLY SECRETARY OF THE BOARD

AS OF AS OF AS OF AS OF AS OF2/1/91 1/9/96 12/3/96 12/17/96 1/7/97

EMPLOYEES




Relief Airport Custodians . - 11.00 FTE*(P/T)

15.00 FTE 10.00 FTE 10.00 FTE 10.00 FTE


0.48 BE 000 BE 0.00 FTE 0.00 FTE

TOTAL FTE 625.35 FTE 587.46 FTE 560.98 1-1-E 562.98 FTE 561.98 FTE**

AGENDA SHEL s , PERSONNEL ITEMS--January 7, 1997




" Count decrease due to the resignation of a Commercial Representative V-A.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointment, creation of additionalpositions, and leave of absence.

IxlII

Airport Operations

Commercial Real EstateMaritime Operations

Overall OperationsSUBMITTED BY: Steven J. Grossman


FACTUAL BACKGROUND:

APP VRIP, .711" F,MV34172.1Vir

7/BOARD ACTION REQUIRED: JAN 2 1 1991

1I I

I 1 MOTION[xf RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Approval of an Agreement to Extend Right-of-Entry

and Indemnity Agreement. With The Hertz Corporation(#1 Airport Drive, South Airport)


Item No. 2S

PROGRAM AREA

On September 29, 1992, the Board approved a one-year Right-of-Entry and Indemnity Agreement (ROE Agreement) forone ground water monitoring well adjacent to The Hertz Corporation (Hertz) service facility (Building M-108) atMetropolitan Oakland International Airport's South Field.

The Port entered into a new ROE Agreement dated April 15, 1993 with Hertz which superseded the previous ROEAgreement and covers the existing monitoring wells plus three, new monitoring wells. Since Alameda County and Stateof California environmental regulations required that new and existing wells be monitored for several years, the Boardextended the term through March 31, 1994, March 31, 1995, March 31, 1996 and again through March 31, 1997.

Hertz indicates that the environmental regulatory agencies require further monitoring of the wells. For that reason, it isproposed that the ROE Agreement dated April 15, 1993 be further extended through March 31, 1998.

This project has been categorically exempt from requirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions oramendments to leases or license and concession agreements where the premises or licensed activity was previouslyleased or licensed to the same or another person, and involving negligible or no expansion of use beyond that previouslyexisting.

RECOMMENDATION:

It is recommended that the Board pass a resolution approving the above-described Agreement to Extend Right-of- Entryand Indemnity Agreement with The Hertz Corporation.

c:kw p 6 1 Wiles1Boeird Hertz.zro

1145 S i5TAi

MOTIONRESOLUTIONORDINANCE

INFORMATION ONLY



Agenda SheetSUBJECT: Approval of Airport Land Lease with

United States of America, Departmentof Transportation, Federal AviationAdministration for Site Investigation forProposed Air Traffic Control Tower(#1 Airport Drive, South Airport)

Y6(SUBMITTED BY: Steven J. Grossman



Item No. 3S

PROGRAM AREAX

Airport Operationsll Commercial Real EstateMaritime OperationsOverall Operations

FACTUAL BACKGROUND:

The following Airport Land Lease agreement is submitted for approval:

LESSEEPROPERTY DESCR/ PROPOSED TERMLOCATION RATE DATE

"B" United States of Approx. 500,000sf* None** 7/01/96'America, Department of land at intersectionof Transportation, Sally Ride Way andFederal Aviation Air Cargo Access RoadAdministration

* Lessee would be permitted to ingress/egress the property for the express purpose of conducting tests and surveys as may benecessary to determine if any portion of the property contains hazardous materials which would have a negative impact upon the

future considerations and/or use of an Air Traffic Control Tower; as well as maintaining a pole line or pole lines forextending electric power to the premises.

*' No monetary consideration may be charged under Federal Law.

Lease would automatically renew on 10/01/96, but not beyond September 30, 1997.


This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Guidelines Section 15301 (existing facilities), Class 1: P. and 15262(feasibility/planning studies).

RECOMMENDATION:

It is recommended that the Board pass a resolution approving the above agreement.

BOARD ACTION REQUIRED: APPROVAD 11111pOLIrauf• DAN 2 1 199i140. 9.70

EXECUTIVE OFFICE RECOMMENDATI N.


Agenda Sheet7- WC

SUBJECT: Approval of Plans and Specifications forRemodeling of Office Spaces, Second Floor,Building M-102, South Field, MOM

SUBMITTED BY: Frederick R. Ferrin -7/ 44di'


Item No. 4S

PROGRAM AREA



Ei Maritime Operations


FACTUAL BACKGROUND:

Plans and Specifications have been prepared for the REMODELING OF OFFICE SPACES, SECOND FLOOR,BUILDING M-102, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND,CALIFORNIA, and are hereby submitted for approval and authorization to advertise for bids. Building M-102 isthe middle building in the three building group commonly called Terminal 1.

The existing offices on the second floor of Building M-102 can no longer meet the increased office spacedemand in these areas. Also, the restrooms on this floor do not meet the standards of the Americans withDisabilities Act (ADA) and Title 24 Building Code requirements.

This project will remodel the existing office spaces to provide additional office space, and modify the existingrestrooms to comply with ADA and Title 24 Building Code requirements.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP No. A2.00308.04. The funding sourceis Port cash.

This project has been determined to be categorically exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) pursuant to the Port's CEQA guidelines.

RECOMMENDATION:

it is recommended that the plans and specifications be approved and authorization be granted to advertise forbids to be received on February 19, 1997.

BOARD ACTION REQUIRED: APPnevEr Tr7 1111:M an.,14°. q70

JAN 2 1 19 Tr


t-A4 /1)1/.47 ,

SECRETARY OF THE BOARDASSISTANT

IVILJ I IIJIN

RESOLUTION

ID ORDINANCE

INFORMATION ONLY


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

JAN 2 1 1991

DATE


Agenda SheetSUBJECT: Assignment Of Lease

From IL Pescatore Ristorante,A General Partnership,To IL Pescatore Ristorante, Inc.A California Corporation

SUBMITTED BY: John Ag-uilaer-


Date: January 21, 1997 lls

Item No

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

IL Pescatore Ristorante, a general partnership, whose members areOctavio Guidi, Milvano Orsi, and Lorenzo Picchi, currently occupy3,450 square feet of Port space at 57 Jack London Square, underthe terms of a recently signed Lease Agreement that expires inOctober 2005.

The Port has received a request from the current partners toassign the Lease from the partnership to a newly formedCalifornia corporation called IL Pescatore Ristorante, Inc. Thiswill not involve any change to the business operation, or theownership structure, except that the wife of one of the currentpartners (Eva Picchi) will be listed as one of the shareholders.The current partnership will remain liable for the performance ofthe Lease.

Your approval is recommended.

RECOMMENDATION:

It is recommended that the Board pass a Resolution approving theAssignment of Lease from IL Pescatore Ristorante, a generalpartnership, to IL Pescatore Ristorante, Inc., and approving theaddition of Eva Picchi as a shareholder in the corporation, andauthorizing execution of the "Assignment of Lease" by theExecutive Director, on the condition that it is in a formacceptable to the Port Attorney.

SUBJECT: Award of Contract for Demolition ofBuildings F-206 and F-215, Jack LondonSquare, Oakland, CA

SUBMITTED BY: Frederick R. Ferrin_74,4()EXECUTIVE OFFICE RECOMMENDATICW:


Item No. 12S

PROGRAM AREA

D Airport Operations


Maritime Operations


Evans Brothers Inc. ICONCO, Inc. Ferma Corporation Pacific Western Airmotive dba Covey Trucking, Co.R & B Equipment, Inc.John Clay General Engineering

Livermore, CA $188,950.20Oakland, CA $190,733.20Mountain View, CA $200,926.00San Mateo, CA $223,137.00Hayward, CA $251,032.80Hayward, CA $336,415.50

YesCastro Valley, CA $18,575.00Golden Bay Fence San Lorenzo, CA

Yes

$ 5,397.00El Camino Paving, Inc. Sunnyvale, CA

Yes

$26,138.00NoNorthern Abatement American Canyon, CA $ 5,980.00

DATE

vrF 7-FTSFAATI.N.."

L :77(.9 JAN

BOARD ACTION TAKEN


El MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda Sheet

FACTUAL BACKGROUND:

Six bids were received and opened on December 20, 1996, for DEMOLITION OF BUILDINGS F-206 and F-215,JACK LONDON SQUARE, OAKLAND, CALIFORNIA. The following bids were received:

Evans Brothers Inc. listed four subcontractors with their bid, three of which are minority business enterprises(MBEs) performing a total of 26.5% of the work. Evans Brothers Inc. has met the goal of 26% MBEsubcontractor participation. Accordingly, it is recommended that Evans Brothers Inc. be considered to be aresponsible bidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs in thisrecommendation.

A copy of the bid canvas is on file. The engineer's estimate for the work is $250,000.00.

The Capital Budget for Fiscal Year 96-97 provides for this work under CIP Item No. P1.00315.02. The fundingsource is a loan from the State Department of Boating and Waterways.

RECOMMENDATION:

It is recommended that Evans Brothers Inc. be found to be a responsible bidder, that the contract for the aboveproject be awarded to Evans Brothers Inc. for the amount of its low bid, and that all other bids be rejected and bidsecurities be returned to the respective bidders.

SUBMITTED BY: Frederick R. Ferrina,.ue



44"5/41117 SECRETARY OF THE BOARD

MOTION

RESOLUTION

El ORDINANCE

0 INFORMATION ONLY


Agenda SheetSUBJECT: Approval of a Building Permit Application for

Harrison Marine Center Site Remodel1285 Embarcadero (Port Bldgs P-108, P-106, P-104)

Date: January 21 1996Item No. 13S

PROGRAM AREA

Airport Operations




FACTUAL BACKGROUND:

Harrison Marine Center leases the site at 1285 Embarcadero for their retail sales operations.They have submitted a permit application to remodel and upgrade the site to enhanceappearance and visibility of their business. The work involves installation of a colonnadedcanopy on the front of the buildings, new signs, interior remodeling of one building, newfencing and other site improvements.

This proposed work will include:

■ Construction of truss-frame canopies extending approximately 20 feet from thebuildings and approximately 30 feet high, on the front of P-108 and the front and twosides of P-106, supported by 18" diameter concrete columns;

• Construction of a truss-frame canopy over the service entrance of P-104, northeastcorner, extending approximately 7 feet from the building and 15 feet high;

• Installation of fabric covering and new identification signs on the canopies;

• Replacement of some existing windows and doors in P-106 and P-104;

■ Repair and replacement of existing siding, as necessary, on all buildings;

■ Remodel of existing interior office in P-108;

■ Installation of new iron fencing, paving, exterior lighting, and landscaping; and,

• Modification of electrical/mechanical systems related to the above work.

The work is Categorically Exempt under the California Environmental Quality Act (CEQA) andthe Port's CEQA Guidelines.

The estimated value of the work is $300,000.

RECOMMENDATION:

It is recommended that the Board approve this building permit application.

BOARD ACTION REQUIRED: irti4p—i3Vrqn, Zs or 7, Ilke

JAN 2 1 1991



Agenda SheetSUBJECT: New Crane Rental Rates in Port

Tariff 2-A for Middle HarborTerminal


Date- January 21, 1997 23SItem No.

PROGRAM AREA

Airport Operations


Maritime Operations Dr)Overall Operations

FACTUAL BACKGROUND:

On December 2, 1996, the Board of Port Commissioners approved agreementspertaining to the termination and relocation of American President Lines(APL) operations from Middle Harbor Terminal (Berths 60-63) to thefacility at Berth 25/26 where the operations will eventually be providedby Trans Pacific Container Service Corporation (TraPac). In Oakland,TraPac will be responsible for coordinating all cargo and terminaloperations for the Global Alliance of shipping lines which is comprisedof APL, Orient Overseas Container Line (OOCL), Mitsui O.S.K. Lines, Ltd.(MOL) and Nedlloyd Linjen, B.V. (Nedlloyd).

One of several issues the Board approved with the relocation was topurchase APL's three post Panamax cranes which are designated as X-446,X-447, and X-448.

In order to facilitate relocation to the TraPac facility whileoperations are winding down at the Middle Harbor Terminal, APL hasentered into a short term rental of the three post Panamax cranes fromthe Port at a rate of $82,000.00 per month. The rental will cover APLprimary operations as well as existing secondary users operating at theMiddle Harbor Terminal as of December 26, 1996. The rental term willcontinue in effect until APL relocates its Global Alliance operations tothe consolidated TraPac facility. If APL and the Port have not executeda mutually agreeable termination and relocation agreement by March 1,1997, then the rental rate for the cranes will change to an hourly rateto be established in the Port tariff, subject to future increasesconcurrently with general tariff increases for Port-owned cranes. Alsoincluded in the short term rental agreement is a provision where thePort has the right to establish a separate level of crane rental ratesfor subsequent secondary users which may call at the Middle HarborTerminal after December 26, 1996.

We are now prepared to establish tariff crane rental rates for the threepost Panamax cranes purchased from APL. The proposed hourly rental ratewill be $425.00, with hourly maintenance and repair of $180.00 and powercharges of $30.00.

The proposed crane rates are in line with rates assessed other similarPort-owned cranes.

RECOMMENDATION:

Approval of the crane tariff rates as outlined above, effective March 1,1997.


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

Apwc.vcd ch.ciirvriNsp5m12-4 co mla

BOARD ACTION TAKEN

JA 2 1 1991

DATE

113

MOTION

RESOLUTION

El ORDINANCE

0 INFORMATION ONLY

BOARD ACTION REQUIRED: Arrat,TITIN ,r1414QTicimmett

ASSISIIINT SECRETARY OF THE BOARD

JAN 2 1 190T

DATE


Agenda Sheetc=.74(i9

SUBJECT: Approval of Plans and Specificationsfor Demolition of Slab and Foundations forBuilding D-733, Harbor Transportation Center

Date: January 21, 1997Item No. 24S

PROGRAM AREA


0 Commercial Real EstateSUBMITTED BY: Frederick R. Ferrin

EXECUTIVE OFFICE RECOMMENDATIbN:Ell Maritime Operations


FACTUAL BACKGROUND:

Plans and Specifications have been prepared for DEMOLITION OF SLAB AND FOUNDATIONS FORBUILDING D-733, HARBOR TRANSPORTATION CENTER, OAKLAND, CALIFORNIA, and are herebysubmitted for approval and authorization to advertise for bids. Building D-733 was a former warehouse atthe Naval Supply Center and was demolished by the Youth Employment Partnership, Inc.

The work consists, in general, of demolition and removal of slab and foundations which remain after previousdemolition work and to perform associated earth and grading work. This work is necessary in order toprovide space for maritime-related operations.

CEQA and NEPA requirements were completed, respectively, with Board certification of the final EIR/EIS onApril 4, 1995, and the signing of the Record of Decision by the Navy on May 25, 1995. The National HistoricPreservation Act requirements for Recording were completed June 6, 1995, and a Memorandum ofAgreement with the State Historic Preservation Officer and the Advisory Council on Historic Preservationwas fully executed on December 22, 1994.

The Capital Budget for Fiscal Year 96-97 provides for this work under CIP Item No. M6.0543.01. Thefunding source is Port bonds.

RECOMMENDATION:

It is recommended that the plans and specifications be approved and authorization be granted to advertisefor bids to be received on February 19, 1997.

SUBMITTED BY: Sonali Bose, Chief Financial 0 icer


11I IIIIXI

1

[1

I I MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

BOARD ACTION REQUIRED:el83'SA I3 "1-7

6-77C-)./BOARD ACTION TAKEN

JAN 2 1 1991DATE

64"4"I SECRETARY OF THE BOARD


SUBJECT: Extension of Excess Workers' Compensation and Date: January 21, 1997Employers Liability Insurance 32SItem No.

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

The Port of Oakland is permissibly self-insured for California Workers' Compensation. Inrecent years the Port has purchased excess insurance to protect against catastrophic losses.During the management study the administration of the Port's self-insured program was atissue. At that time the renewal of this insurance was held over. That resulted in a five-month gap in continuous coverage and a resulting change in policy dates.

The Board authorized the purchase of renewal insurance at the Board meeting of February6, 1996 for a one-year period to expire February 7, 1997. This date does not coordinatewell with the Port's overall liability insurance program. The February date requiresunderwriters to quote in late December or early January, a time when they are working onthe vast number of January renewals and reinsurance treaties. Changing the expiration dateto April 1 will make it easier to get timely, competitive quotes.

The underwriters are willing to extend the expiration date of February 7, 1997, to April 1,1997. This would result in a pro rata additional deposit premium of $6,869.00, subject topayroll audit at a rate of .136 per $100 of payroll. The cost of the original deposit premiumwas $47,050.

RECOMMENDATION:

It is recommended that the Board approve the extension of excess workers' compensationinsurance through April 1, 1997, with General Reinsurance Corporation and Fireman's Fund,for an additional deposit premium of $6,869.00.

SUBMITTED BY: Christopher C. Marshall 2.



Agenda SheetSUBJECT: TRAVEL AUTHORIZATION Date: January 21, 1997

Item No 33S

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND

As provided for in the Port Administrative Manual, it isrecommended that the Board approve the travel of Yale Yee, Electrical/Mechanical Engineer to Shanghai, China on or about the period January27, 1997 to February 5, 1997, to meet with Shanghai Zhenhua PortMachinery Co. to perform field inspections for the new cranes andschedule shipping dates.

RECOMMENDATION:



I MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

arPamtTIM TIOBULAYSIW"' 979/91

BOARD ACTION TAKEN

JAN 2 1 1991

DATE






TELEPHONE (510) 272-1100


COMMISSIONERS







Tuesday, January 7, 1997, 3:00 p.m.

ROLL CALL:



Special meeting of December 2, 1996. Regularmeeting of December 17, 1996 to be deferred.


See Item 40



COMMITTEE REPORTS:

Human Resources

Maritime



6 Items.



AIRPORT

1 HELD Approval to Dispense with Formal Bids forOVER Emergency Repairs to Taxiways V and Y, South

Field, MOIA. (Resolution)

2S Approval for Submittal of Preapplication toFederal Aviation Administration (FAA).(Resolution)

3S Approval of Cooperative Agreement with State ofCalifornia for Airport Roadway Project, MOIA.(Resolution)

4S Approval of New License and Concession Agreementwith Aviation Methods, Inc. (7951 Earhart Road,North Airport). (Resolution)

5S Award of Contract to Replace Fuel Storage Tank MV-03 at the Tank Farm, South Field, MOIA.(Resolution)


1 1 Approval of Preliminary Design, Initial Study andMitigated Negative Declaration for the ArrowheadWetland Mitigation at the Distribution Center.(Resolution)

12 Possible Discussion on Correspondence DatedDecember 17, 1996 from Robert Ulreich RegardingJack London Square Security Contract.(Oral Report Only)

MARITIME

21 Recommendation to Approve Third Lease Amendmentwith Navy for Property at Fleet Industrial SupplyCenter. (Resolution)

22S Award of Contract for Demolition of Building D-746and Associated Improvements, Harbor TransportationCenter. (Resolution)

2


OPERATIONS

31 Personnel Items: Appointment; Creation ofAdditional Positions; and Leave of Absence.(Resolution and Ordinance)


CLOSED SESSION


Vote on the following Resolutions:Ayes: Cole, Harris, Kramer, Lockhart, Loh,

Taylor and President Ortiz - 7Noes: NoneAbsent: None

RESOLUTIONS:

97001 1 APPROVING SUBMITTAL OF A PRE-APPLICATION TOFEDERAL AVIATION ADMINISTRATION UNDER THE AIRPORTIMPROVEMENT PROGRAM. (Airport - 2S)

97002 2 APPROVING AND AUTHORIZING EXECUTION OF COOPERATIVEAGREEMENT WITH STATE OF CALIFORNIA FOR AIRPORTROADWAY PROJECT. (Airport - 3S)

97003 3 APPROVING AND AUTHORIZING EXECUTION OF CERTAINLICENSE AND CONCESSION AGREEMENT WITH AVIATIONMETHODS, INC. (Airport - 4S)

97004 4 AWARDING CONTRACT TO TANK PROTECT ENGINEERING OFNORTHERN CALIFORNIA, INC. TO REPLACE FUEL STORAGETANK MF-03, AT THE TANK FARM, SOUTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, FIXINGTHE AMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Airport - 5S)

97005 5 CERTIFYING CONSIDERATION OF INITIAL STUDY ANDMITIGATED NEGATIVE DECLARATION FOR ARROWHEADWETLAND MITIGATION AT THE DISTRIBUTION CENTER,FINDING NO SUBSTANTIAL EVIDENCE OF SIGNIFICANTEFFECT ON THE ENVIRONMENT, APPROVING THE MITIGATEDNEGATIVE DECLARATION, AND APPROVING PRELIMINARYDESIGN FOR THE PROJECT.(Commercial Real Estate - 11)

97006 6 APPROVING AND AUTHORIZING EXECUTION OF THIRDAMENDMENT TO LEASE WITH THE UNITED STATES OFAMERICA, DEPARTMENT OF THE NAVY, REGARDING THEFLEET AND INDUSTRIAL SUPPLY CENTER, NAVAL SUPPLYCENTER, OAKLAND, CALIFORNIA. (Maritime - 21)

97007 7 AWARDING CONTRACT TO THOMAS D. EYCHNER CO., INC.FOR DEMOLITION OF BUILDING D-746 AND ASSOCIATEDIMPROVEMENTS, HARBOR TRANSPORTATION CENTER, FIXINGTHE AMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Maritime - 22S)

3


97008 8 APPOINTING NANCY HUMPHREY TO THE POSITION OFPRINCIPAL PORT SAFETY ADMINISTRATOR.(Operations - 31)

97009 9 APPROVING LEAVE OF ABSENCE TO CLAY WORSHAM, PORTSENIOR ACCOUNTANT. (Operations - 31)


Vote on the following Ordinance:Ayes: Commissioners Cole, Harris, Kramer, Lockhart, Loh,


ORDINANCES:

1 Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 8.114 AND 10.035 OF PORTORDINANCE NO. 867 CREATING ADDITIONAL POSITIONS."


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, January 21, 1997 at3:00 p.m.

4

91j A t4 7BOARD ACTION REQUIRED:

DATEBOARD/ACTION TAKEN//AssisTANT SECRETARY OF THE BOA116-

q MOTIONj RESOLUTION

q ORDINANCEID INFORMATION ONLY


SUBJECT: Approval of Preliminary Design, InitialStudy and Mitigated Negative Declarationfor the Arrowhead Wetland Mitigation atthe Distribution Center

SUBMITTED BY: Frederick R. Ferrin#40et.EXECUTIVE OFFICE RECOMMENDATIOrN:

Date: January 7, 1997Item No. 11

PROGRAM AREAq Airport OperationsE Commercial Real Estateq Maritime Operationsq Overall Operations

FACTUAL BACKGROUND:

On December 15, 1994, the United States District Court for the Northern District of California enteredtwo Consent Decrees to resolve issues regarding allegedly unauthorized fill of wetlands at two locations atthe Port: the Distribution Center and the Airport. One Consent Decree was signed by the Port, theenvironmental plaintiffs, and the State Attorney General's office on behalf of the State and the San FranciscoRegional Water Quality Control Board. The second was signed by the Port, the Corps of Engineers, and theU.S. Department of Justice. Under both Consent Decrees, the Port agreed to create/enhance/restore a tidaland seasonal wetland complex over approximately 71 acres at the Distribution Center. Once this work iscompleted, the wetland complex will be deeded to the East Bay Regional Park District (EBRPD), and the Portwill be able to develop the remainder of the Distribution Center (approximately 34 acres).

In 1995, the Port hired Levine-Fricke to prepare a preliminary design statement for the proposedwetland project. That statement as presented by Levine-Fricke in their report dated August 26, 1996, andrevised slightly though subsequent correspondence, has been accepted by all the other parties to theConsent Decrees. Based upon the revised preliminary design, the Port prepared an Initial Study pursuantto the California Environmental Quality Act (CEQA) to determine if the project would have any significantenvironmental impacts. The initial Study concluded that the only significant adverse impact resulting fromthe project would be the loss of alleged wetlands. This impact will be mitigated by the construction ofwetlands as included in the project design itself, thus the project is self-mitigating. Port staff determinedthat the preparation of an Environmental Impact Report was not necessary, and prepared a draft MitigatedNegative Declaration. The EBRPD will conduct a five-year monitoring program of the constructed wetlandcomplex with funds provided by the Port pursuant to an agreement between the EBRPD and the Port datedAugust 7, 1995.

The Initial Study and proposed Mitigated Negative Declaration were circulated to the interestedpublic on November 18, 1996 for a 30-day comment period. Two letters were received during the commentperiod. The Regional Water Quality Control Board commented on some of the terminology and methodologyused in the Initial Study. The City of Alameda requested additional traffic analysis of the project,consideration of alternative transportation routes for traffic congestion unrelated to the project, andconsideration of construction of pedestrian and bicycle facilities outside the project boundaries.

Copies of the Initial Study, Mitigated Negative Declaration, and the comments and responses havebeen previously distributed to the Board for review.

The Capital Budget for Fiscal Year 96-97 provides for this work under CIP Item No. SM00517.01. Thefunding source is Port cash.

RECOMMENDATION:

It is recommended that the Board find:1) That it has considered the Initial Study and Mitigated Negative Declaration and the comments received

during the public review process.2) That on the basis on the Initial Study and the comments received and the staff's responses to the

comments, there is no substantial evidence that the project will have a significant effect on theenvironment.

3) That the project as described in the Initial Study is self-mitigating, and that the constructed wetlandswill be monitored and monitoring reports will be prepared by the East Bay Regional Park District.

4) That the Board adopts and approves the Mitigated Negative Declaration.5) That the Mitigated Negative Declaration reflects the independent judgement of the Board.It is also recommended that the Board approve the Preliminary Design as presented in the Initial Study.


Commercial Real EstateSUBMITTED BY: Leo R.- Brien

EXECUTIVE OFFICE RECOMMENDATION: x Maritime Operations


AISTANT SECRETARY OF THE B


Agenda SheetSUBJECT: Recommendation to Approve Third Lease

Amendment with Navy for Property at'Fleet Industrial Supply Oakland

Date* January 7. 1997

Item No 21

PROGRAM AREA

FACTUAL BACKGROUND:

The Port has been negotiating with the United States Navy in an effortto lease from the Navy the Fleet Industrial Supply Center, Oakland(FISCO). The negotiations were guided by the provision of a Memorandumof Understanding (MOU) between the Navy and the Port approved by theBoard on November 16, 1993.

The Navy and the Port have reached agreement on a third lease amendmentcovering an additional 55.32 acres for $1. The lease term is 50 years.The total area presently leased by the Port is approximately 190 acres.

The environmental documentation covering the lease has been completed.

Recommendation:

It is recommended that the Board authorize the Executive Director toexecute the lease and other pertinent documents.


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

APPROVID)74Y awKaArn.ae

oo 760 BOARD ACTION TAKEN

JAN 7 -- 1991

DATE

aPPRO'Cr.an

130. -JAN 7 1991

DATE

Ass:srANT SECRETARY OF THE BOARD


• MOTION

RESOLUTION

Ed ORDINANCE

O INFORMATION ONLY



- Appointment- Creation of Additional Positions- Leave of Absence

E4,1j,er,A.1 4■07-0<-0C-}SUBMITTED : Gilbert C. ApodacaEXECUTIVE OFFICE RECOMMENDATION: Charles W. Foster

Date: January 7, 1997Item No. 31PROGRAM AREA




n Overall Operations

FACTUAL BACKGROUND:



Type of EffectiveName Title/Division Appointment Date

Salary/Wage

Humphrey, Nancy Principal Port Safety Civil Service 1/13/97 $5,342/month- Vacant Budgeted Position Administrator rate "a"



CREATION OF ADDITIONAL POSITIONS (New Items #98A and #99A)--Ordinance (2 Readings)

It is requested that the Board approve the creation of three additional positions of Electrical-Mechanical Technicianin the Engineering Division and one additional position of Airport Landside Services Coordinator in the AviationDivision to meet staffing needs.


Mr. Clay Worsham, Port Senior Accountant in the Finance Division, requests that the Board approve his leave of absencewithout pay for medical reasons from January 9, 1997, through and including January 12, 1997, 4 calendar days, 2 workingdays.

AS OF AS OF AS OF AS OF AS OF2/1/91 1/9/96 12/3/96 12/17/96 1/7/97

EMPLOYEES




Relief Airport Custodians . - 11.00 FTE*(PM

15.00 FTE 10.00 FTE 10.00 FTE 10.00 FTE

Relief Airport Custodians(Intermittent, PfT)

0.48 FTE 0.00 FTE 0.00 FTE 0.00 FTE


AGENDA SHEET, PERSONNEL ITEMS--January 7, 1997

CURRENT EMPLOYEE COUNT FY 96-97 Budgeted FTE: 570.13 FTE


** Count decrease due to the resignation of a Commercial Representative V-A.

RECOMMENDATION

it is recommended that the Board of Port Commissioners approve the preceding appointment, creation of additionalpositions, and leave of absence.


EXECUTIVE OFFICE RECOMMEND


Agenda SheetSUBJECT: CLOSED SESSION Date . January 7, 1997

Item No 40

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations


Personnel matters "Public Employee Discipline/Dismissal/ Release",(California Government Code Section 54957).

Conference with Legal Counsel - Existing Litigation. Subdivision (a) ofGovernment Code Section 54956.9. Name of Case:

City of Oakland v. Keep On Trucking, Inc. et al.U.S. District Court for the Northern District ofCalifornia No. C95-03721 CW.


MOTION

RESOLUTION

ORDINANCE

Li INFORMATION ONLY


SECRETARY OF THE anaRn

SUMMARY AGENDA OF BOARD CALENDARJanuary 7, 1997

AIRPORT

2S Approval for Submittal of Preapplication toFederal Aviation Administration (FAA).(Resolution)

Recommends approval to submit the preapplication.

3S Approval of Cooperative Agreement with State ofCalifornia for Airport Roadway Project, MOIA.(Resolution)

Recommends approval of the agreement which setsforth procedures to be followed for the project.

4S Approval of New License and Concession Agreementwith Aviation Methods, Inc. (7951 Earhart Road,North Airport). (Resolution)

Recommends approval of the agreement for space inthe North Airport.

5S Award of Contract to Replace Fuel Storage Tank MV03 at the Tank Farm, South Field, MOIA.(Resolution)

Notifies of the bids received and award of thecontract to the low proper bidder.

MARITIME

22S Award of Contract for Demolition of Building D-746and Associated Improvements, Harbor TransportationCenter. (Resolution)

Notification of the bids received and recommendsaward of the contract to the low bidder.

OPERATIONS


Recommends approval for the travel of the Directorof Maritime.


Agenda Sheet<:=-7

SUBJECT: Approval for Submittalof Preapplication to FederalAviation Administration (FAA)

Date. January 7, 1997 Item No 2S

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

1 )(1

I 1

I ISUBMITTED BY: Frederick R. Ferrin

EXECUTIVE OFFICE RECOMMENDAT;....7,1/40ez-nz;-ei

$3,650,000 $777,925 $2,872,075Reconstruction of Concrete

Apron Southeasterly ofBuilding L-812 and aPortion of Taxiway D

Project Estimated Cost Port Share FAA Share

1---1 MOTION

IX RESOLUTION

ORDINANCE

INFORMATION ONLYI I

1

FACTUAL BACKGROUND:

The Port has been notified by the Federal Aviation Administration (FAA) thatapproximately $2.87 million in entitlement funds are available to the Port under theAirport Improvement Program (AIP) for Fiscal Year 1997, and a preapplication must besubmitted as soon as possible in order to apply for these funds. Entitlement funds areallocated annually based on the number of enplaning passengers and air cargo trafficunits per airport. These entitlement funds are to be used for FAA-approved projects.

It is proposed that the Port use the $2.87 million entitlement funds toward theReconstruction of Concrete Apron Southeasterly of Building L-812 and a Portion ofTaxiway D project on the North Field. The following shows the funding proposed underthis grant:

RECOMMENDATION:

It is recommended that the Board approve the submittal of the AIP preapplication to theFederal Aviation Administration for the above project.

BOARD ACTION REQUIRED: it-Pef'ROVZD :w3V7 RESOLUnta

760/ JAN 7 - 19g/

IIII

SUBJECT: Approval of Cooperative Agreementwith State of California forAirport Roadway Project, MOIA

SUBMITTED BY: Frederick R. Ferrir t,7/6,442A,4,

EXECUTIVE OFFICE RECOMMENDATI&1:

Date. .lanuary 7, 1997

Item No 3S

PROGRAM AREA


vE» 7;'2" BVSOXATTItof

9 700 2_ JAN 7BOARD ACTION REQUIRED:1997


I IX

BOARDjA ION TAKEN DATE

ASSISTANT


Agenda Sheet

FACTUAL BACKGROUND:

The Airport Roadway Project is one of the Transportation Improvement Projects approved by AlamedaCounty voters with the passage of Measure B in 1986. The project will build an arterial roadway fromthe I-880/98th Avenue Interchange in the City of Oakland to and through the Oakland Airport to BayFarm Island in the City of Alameda. It will accommodate projected traffic growth at the Air CargoCenter, the Airport Passenger Terminals, and Harbor Bay Business Park. The Port of Oakland is theProject Sponsor listed in the Alameda County Transportation Authority (ACTA) 1986 Expenditure Plan.The 1986 Expenditure Plan for the Airport Roadway Project (ARP) includes a $17 million local matchrequirement. The current total projected cost for the ARP is $81.71 million.

On May 7, 1996, the Board authorized the Executive Director to enter into two agreements with ACTAwhich address: (1) the receipt of the local matching funds and expenditure of Measure B funds ; and(2) the manner in which the project will be designed and constructed.

Because portions of the project involve improvements within existing or proposed State of California(STATE) right of way, including a grade separation (98th Avenue Undercrossing) on Route 61 (DoolittleDrive) at 98th Avenue and modifications at the Route 61/Hegenberger Road and Route 61/AirportAccess Road intersections in Oakland, a cooperative agreement between the Port and the State isrequired. The terms of a proposed cooperative Agreement have been negotiated.

In general, the Cooperative Agreement defines the necessary approval process, permit requirements,and other preparatory work for the proposed improvements within STATE right of way and thecorresponding responsibilities for the respective parties before and after the improvements arecompleted.

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to execute the CooperativeAgreement negotiated with the State of California.

•BOARD ACTION REQUIRED: JAN 7 - 19/r7()(-)


Agenda Sheet

SUBJECT: Approval of New License and Concession Agreement With Date: January 7, 1997

Aviation Methods, Inc. (7951 Earhart Road, North Airport) 4SItem No. PROGRAM AREAI x]

I IIIII




FACTUAL BACKGROUND:



Aviation Methods, Inc. 354sf of office space, 431.37/mo 10/22/96527sf of shop space and

*.55psf - office

816sf of paved parking in *.35psf - shopand adjacent to Bldg. L-710

*.064psf - paved parking

The letter "B" indicates that the Agreement was not previously considered by the Board in establishing a target rate for negotiation.

This project has been determined to be categorically exempt from requirements of the California Environmental Quality Act and thePort CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions or amendments toleases or license and concession agreements where the premises or licensed activity was previously leased or licensed to the same oranother person, and involving negligible or no expansion of use beyond that previously existing.

RECOMMENDATION:


c:Nwp61 \fileslboard\ eviameth.bd

RIPPRO\ 7-) 'PM 3030Ii

ri MOTION

[XI RESOLUTION

ORDINANCE

INFORMATION ONLY

SUBJECT: Award of Contract to ReplaceFuel Storage Tank MF-03 at theTank Farm, South Field, MOIA

.SUBMITTED BY: Frederick R. Ferrint

EXECUTIVE OFFICE RECOMMENDATION: _


Item No. 5S

PROGRAM AREA

Airport Operations



Overall Operations

SODUniversal Environmental, Inc.Tank Protect Engineering of Northern California, Inc.C. E. Green Corp.Azteca Construction, Inc.Avila ConstructionBay ConstrucitonRamcon Engineering & Environmental Constracting, Inc.PSC Associates, Inc.

Benicia, CAUnion City, CAEldorado Hills, CA Rancho Cordova, CA Vacaville, CA Oakland, CAWest Sacramento, CAMountain View, CA

$26,205.00$29,265.00$40,905.00$46,657.00$51,425.00$57,300.00$71,544.00$74,219.35

RESOLUTION

q ORDINANCE

INFORMATION ONLY ASSIST/tiff SECRETARY OF THE BOARD


Agenda Sheet

FACTUAL BACKGROUND:

Eight bids were received and opened on December 11, 1996, to REPLACE FUEL STORAGE TANK MF-03, AT THE TANKFARM, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA. The followingbids were received:

A copy of the bid canvass is on file. the engineer's estimate for the work is $25,000.00.

Universal Environmental, Inc., did not have an active contractor's license on the date they submitted their bid. They recentlyincorporated and their old license expired while they were in the process of obtaining a new contractor's license under their newcorporation name. Their new license under their new name did not become active until December 20, 1996, nine days after thedate bids were received. The state business and professions code expressly provides that bids by unlicensed bidders arenonresponsive. Therefore, the bid submitted by Universal Environmental, Inc., must be rejected. A review of the second lowbidder was preformed.

The second low bidder, Tank Protect Engineering of Northern California, Inc., did not list any subcontractors and intends toperform all of the work themselves. Accordingly, it is recommended that Tank Protect Engineering of Northern California, Inc.,be considered to be a responsible bidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs inthis recommendation.

The funding source for the tank removal protion of the project is Port cash. It has been expensed under Liability Account No.7342. The Capital Budget for Fiscal Year 1997 provides for the installation of the new tank under CIP Item No. AM.00735.01.

RECOMMENDATION:

It is recommended that the bid submitted by Universal Environmental, Inc. be rejected; that Tank Protect Engineering ofNorthern California, Inc. be found to be a responsible bidder, that the contract for the above project be awarded to Tank ProtectEngineering of Northern California, Inc. for the amount of its low bid, and that all other bids be rejected and bid securities bereturned to the respective bidders.

BOARD ACTION REQUIRED: 31- O., .33

ECG JAN 7

q MOTION BOARD ACTION TAKEN DATE

R. B. Construction, Inc.. Fremont, CA No $74,500.00

Dillard Trucking Byron, CA No $ 1,188.00

SubcontractorsF Riteway Construction Oakland, CA African American Yes $ 9,290.00

Minority Dollar Amount of EachBusiness Subcontractor's Bid .to

rime:Contractor

S & L Fence Co. Sunnyvale, CA Hispanic Yes $ 4,968.00Ortiz Construction Castro Valley, CA Hispanic Yes $ 9,035.00

Westech Communications Hayward, CA African American Yes $ 8,200.00


EMOTIONRESOLUTION

DORDINANCE:INFORMATION ONLY

BOARD ACTION TAKENN 7 - t9_9-1

DATE


Agenda SheetSUBJECT: Award of Contract for Demolition of Building

D-746 and Associated Improvements,Harbor Transportation Center

4=0SUBMITTED BY: Frederick R. Ferrin

=7,EXECUTIVE OFFICE RECOMMENDATION:


Item No. 22S

PROGRAM AREA



Maritime Operations

Overall Operations

FACTUAL BACKGROUND:Eight bids were received and opened on November 27, 1996, for DEMOLITION OF BUILDING D-746 AND ASSOCIATEDIMPROVEMENTS, HARBOR TRANSPORTATION CENTER, OAKLAND, CALIFORNIA. The following bids were received.

itieWThomas D. Eychner Co., Inc. Oakland, CA

$241,575.00

R & B Equipment, Inc. Hayward, CA

$253,772.00Kemen & Son Engineering Contractors Paradise, CA

$266,668.00

Evans Brothers Inc. Livermore, CA

$273,900.00Cleveland Wrecking Company San Francisco, CA

$320,720.00

ICONCO, Inc. Oakland, CA

$323,350.00Ferma Corporation Mountain View, CA

$353,191.00

Pacific Western Airmotive, Inc. dba Covey Trucking Co. San Mateo, CA

$383,750.00

Thomas D. Eychner Co., Inc., listed six subcontractors with their bid, four of which are minority business enterprises (MBEs)performing a total of 13.0% of the work. Thomas D. Eychner Co., Inc., did not attain the 26% MBE participation goal for thiscontract.

The Port's Office of Equal Opportunity has reviewed Thomas D. Eychner Co., Inc.'s "good faith efforts" to secure MBEs and hasfound that they had contacted contractors listed in the Port's MBE Directory in the listed subcontracting areas. The Port's Officeof Equal Opportunity has determined that Thomas D. Eychner Co., Inc., has met the "good faith efforts" guidelines establishedand recommends that they be considered a responsible bidder for the purposes of this contract.

A copy of the bid canvas is on file. The engineer's estimate for the work is $328,483.00.

The Capital Budget for Fiscal Year 96-97 provides for this work under CIP Item No. M6.0543.01. The funding source is Portbonds.

Recommendation:

It is recommended that Thomas D. Eychner Co., Inc. be found to be a responsible bidder, that the contract for the above projectbe awarded to Thomas D. Eychner Co., Inc. for the amount of its low bid, and that all other bids be rejected and the bidsecurities be returned to the respective bidders..


MOTION

x RESOLUTION

ORDINANCE

INFORMATION ONLY

JAN 7 -

DATE


Agenda SheetSUBJECT: TRAVEL AUTHORIZATION

SUBMITTED BY: Chtistopher C. Marshall


January 7, 1997Date'

Item No. 32S

PROGRAM AREA

Airport Operations


Maritime Operations

X Overall Operations

FACTUAL BACKGROUND:-

As provided for in the Port Administrative Manual, it isrecommended that the Board approve the travel of the Director ofMaritime, Leo R. Brien to Barbados. Barbados on or about the periodJanuary 11 - 15, 1997, to attend and participate in the ExecutiveCommittee Meeting of the American Association of Port Authorities.

RECOMMENDATION:


COMMISSIONERSCELSO D. ORTIZ

President








TELEPHONE (510) 272-1100




CALENDARSpecial Meeting of the Board of Port Commissioners

Monday, August 4, 1997, 10:00 a.m.

ROLL CALL:



Regular meeting of July 15, 1997.


See Item 40



Special MeetingAugust 4, 1997


15 Items.



AIRPORT

1 Approval of Seventh Supplemental Agreement withEnvironmental Science Associates for Preparationof Environmental Documentation for the AirportDevelopment Program. (Resolution)

2S Approval of New Lease with Existing Tenant UnitedStates of America, Department of Transportation,Federal Aviation Administration (Grumman Streetnear Earhart Road, North Airport). (Resolution)

3S First Reading of Ordinance Approving Airport LandLease with United States of America, Department ofTransportation, Federal Aviation Administration(#1 Airport Drive, South Airport). (Ordinance)

4S Approval of New License and Concession Agreementwith Existing Tenant The Hertz Corporation(Earhart Road between Wright and Cooke Streets,North Airport). (Resolution)

5S Approval of New License and Concession Agreementwith Existing Tenant Robert F. Brown (AmericanCanyon, Napa County). (Resolution)

6S Award of Contract for Construction of AsphaltConcrete Overlay for Taxiways V and Y, SouthAirport, MOIA. (Resolution)

7S Award of Contract for Reroofing of Building L-820,North Airport, MOIA. (Resolution)


11 An Ordinance Approving and Authorizing Executionof a Lease Between Port of Oakland ("Port") andNational Furniture Liquidators, Inc. ("NFL") forPremises Located at 845 Embarcadero and GrantingTwo Months Rent Concession. (Ordinance)

12 Execution of the Third Supplemental Agreement tothe Lincoln Property Company Purchase and SaleAgreement. (Resolution)

13 Port Consent to Amend the Coliseum RedevelopmentProject Area Boundary of the ColiseumRedevelopment Plan. (Resolution)

2

special MeetingAugust 4, 1997

14 Approval of Agreement with Security by Design forEngineering Design Services to Upgrade theExisting Security System, Jack London Square.(Resolution)

15 Approval of Second Supplemental Agreement withLevine-Fricke-Recon for Professional DesignServices for the Wetland Restoration Project atthe Distribution Center. (Resolution)

16 Approval to Retain Michael Willis & Associates inconjunction with the Sedway Group, Inc. to PerformConsulting Planning Services for the HegenbergerGateway Study. (Resolution)

17S Approval of Plans and Specifications for theConstruction of Enhancements to Ferry Teiminal,Jack London Square. (Resolution)

18S Approval of Plans and Specifications for theConstruction of Electrical Panel Enclosure, JackLondon Square. (Resolution)

19S Approval of Plans and Specifications for theConstruction of Estuary Park Improvements, InnerHarbor. (Resolution)

20S Approval of a Building Permit Application forJetro Cash & Carry Tenant Improvements, 105Embarcadero (Port Building No. G-203).(Resolution)

MARITIME

21 Recommendation to Approve Fourth Amendment toLease from Navy for Fleet and Industrial SupplyCenter (FISCO), Authorize Application to WesternArea Power Administration (WAPA) for ElectricalPower Use at FISCO and Approve Utilities ServiceAgreement. (Resolution)

22 Supplemental Agreement with TraPac to ExtendTimeframes to Accommodate the Global Alliance atBerth 30. (Resolution)

23 Approval to Prepare and Execute an Agreement withParsons Engineering Science, Inc. for thePreparation of Environmental Studies andEnvironmental Review for the Berths 55-58 Project.(Resolution)

24S Award of Contract for Demolition of Building C-128, Outer Harbor. (Resolution)

25S Ratification of Change Order for "Construction ofTemporary Access Road to Berth 24, 25 and 26,Outer Harbor Terminal. (Resolution)

3


26S Aproval to Negotiate Change Order for "Demolitionof Slab and Foundations for Building D-733,Including Alternate B, Harbor TransportationCenter." (Resolution)

27 Approval to Dispense with Formal Bids for DredgingBerths 60-63. (Resolution)

OPERATIONS

31 Personnel Items: Appointment; Leave of Absence;Amendment of Appointment Date; and Rescission ofAppointment. (Resolution and Ordinance)

32 Authorization to Execute MOU with Local 790 andProposed First Reading of an Ordinance Providingfor the Implementation. (Resolution andOrdinance)

33 Declaration of Port Revenue Fund Surplus for FY96-97; Recommendation to Transfer Surplus toGeneral Fund of City; and Approval to Reimbursethe City for General Services and Lake MerrittTrust Purposes. (Resolution)

34 Approval of Memorandum of Understanding with theCity of Oakland for Special Services Payments forFiscal Year Ending June 30, 1998. (Resolution)

35 Authorization for Professional Search Consultantfor Position of Director of CorporateCommunications. (Resolution)

36S Renewal of Potomac Hull and Machinery andProtection and Indemnity Insurance. (Resolution)


CLOSED SESSION


Vote for the following resolution Numbers 1 to 17:Ayes: Commissioners Cole, Kramer, Lockhart, Taylor

and President Ortiz - 5Noes: NoneAbsent: Commissioners Harris and Loh - 2Vote for Resolution Numbers 18 - 35:Ayes: Commissioners Cole, Lockhart, Taylor

and Vice President Kramer - 4Noes: NoneAbsent: Comissioners Harris, Loh and President Ortiz - 3

RESOLUTIONS:

97230 1 APPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION ADMINISTRATION.(Airport - 2S)

4


97231 2 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH THE HERTZCORPORATION. (Airport - 4S)

97232 3 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH ROBERT F.BROWN. (Airport - 5S)

97233 4 AWARDING CONTRACT TO GALLAGHER & BURK, INC., FORCONSTRUCTION OF ASPHALT CONCRETE OVERLAY FORTAXIWAYS V AND Y, SOUTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND,CALIFORNIA, FIXING THE AMOUNT OF BONDS, REJECTINGALL OTHER BIDS AND DIRECTING RETURN OF BID BONDSTO BIDDERS. (Airport - 6S)

97234 5 AWARDING CONTRACT TO PIONEER ROOFING ORGANIZATION,FOR REROOFING OF BUILDING L-820, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS. (Airport - 7S)

97235 6 APPROVING PLANS AND SPECIFICATIONS FORCONSTRUCTION OF ENHANCEMENTS TO FERRY TERMINAL,JACK LONDON SQUARE, OAKLAND, CALIFORNIA, ANDCALLING FOR BIDS THEREFOR.(Commercial Real Estate - 17S)

97236 7 APPROVING PLANS AND SPECIFICATIONS FORCONSTRUCTION OF ELECTRICAL PANEL ENCLOSURE, JACKLONDON SQUARE, OAKLAND, CALIFORNIA, AND CALLINGFOR BIDS THEREFOR. (Commercial Real Estate - 18S)

97237 8 APPROVING PLANS AND SPECIFICATIONS FORCONSTRUCTIONN OF ESTUARY PARK IMPROVEMENTS, INNERHARBOR, OAKLAND, CALIFORNIA, AND CALLING FOR BIDSTHEREFOR. (Commercial Real Estate - 19S)

97238 9 GRANTING JETRO CASH AND CARRY, PERMISSION TOPERFORM CERTAIN WORK.(Commercial Real Estate - 20S)

97239 10 AWARDING CONTRACT TO ICONCO, INC., FOR DEMOLITIONOF BUILDING C-128, OUTER HARBOR, OAKLAND,CALIFORNIA, FIXING THE AMOUNT OF BONDS, REJECTINGALL OTHER BIDS AND DIRECTING RETURN OF BID BONDSTO BIDDERS. (Maritime - 24S)

97240 11 APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDERFOR CONTRACT WITH BAY CITIES PAVING AND GRADING,INC., FOR CONSTRUCTION OF TEMPORARY ACCESS ROAD TOBERTHS 24, 25, AND 26, OUTER HARBOR TERMINAL,OAKLAND, CALIFORNIA. (Maritime - 25S)

97241 12 APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACTWITH EVANS BROTHERS INC., FOR DEMOLITION OF SLABAND FOUNDATIONS FOR BUILDING D-733, HARBORTRANSPORTATION CENTER, OAKLAND, CALIFORNIA,INCLUDING ALTERNATE B. (Maritime - 26S)

97242 13 AUTHORIZING RENEWAL OF POTOMAC HULL AND MACHINERYAND PROTECTION AND INDEMNITY INSURANCE.(Operations - 36S)

5



97244 15 FINDING AND DETERMINING THAT A PROPOSED SEVENTHSUPPLEMENTAL AGREEMENT WITH ENVIRONMENTAL SCIENCEASSOCIATES FOR ENVIRONMENTAL CONSULTINGCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF SAID SUPPLEMENTAL AGREEMENT.(Airport - 1)

97245 16 RATIFYING MEMORANDUM OF UNDERSTANDING WITH SERVICEEMPLOYEES INTERNATIONAL UNION LOCAL 790.(Operations - 32)

97246 17 APPROVING. AND AUTHORIZING EXECUTION OF THIRDSUPPLEMENTAL AGREEMENT TO THE PURCHASE AND SATEAGREEMENT WITH LINCOLN PROPERTY COMPANY N.D.,INC., FOR THE PORT OF OAKLAND'S SALE OF ANAPPROXIMATELY NINE ACRE PARCEL OF LAND LOCATED INJACK LONDON SQUARE. (Commercial Real Estate - 12)

97247 18 CONSENTING TO AMENDMENT OF COLISEUM REDEVELOPMENTPROJECT AREA BOUNDARY.(Commercial Real Estate - 13)

97248 19 FINDING AND DETERMINING THAT A PROPOSED AGREMEENTWITH SECURITY BY DESIGN FOR DESIGN CONSULTINGSERVICES CONSITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT.(Commercial Real Estate - 14)

97249 20 FINDING AND DETERMINING THAT A PROPOSED SECONDSUPPLEMENTAL AGREEMENT WITH LEVINE-FRICKE-RECONFOR ENVIRONMENTAL CONSULTING CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAIDSUPPLEMENTAL AGREEMENT.(Commercial Real Estate - 15)

97250 21 APPROVING RECOMMENDATION TO CITY COUNCIL FORRETENTION OF MICHAEL WILLIS & ASSOCIATES AND THESEDWAY GROUP FOR PLANNING CONSULTING SERVICES INASSOCIATION WITH THE HEGENBERGER GATEWAY STUDY ANDAUTHORIZING A COST-SHARING AGREEMENT WITH THE CITYOF OAKLAND FOR THE STUDY.(Commercial Real Estate - 16)

97251 22 APPROVING AND AUTHORIZING EXECUTION OF FOURTHAMENDMENT TO LEASE WITH THE UNITED STATES OFAMERICA, DEPARTMENT OF THE NAVY, REGARDING THEFLEET AND INDUSTRIAL SUPPLY CENTER, NAVAL SUPPLYCENTER OAKLAND, CALIFORNIA. (Maritime - 21)

97252 23 APPROVING AND AUTHORIZING APPLICATION ANDEXECUTION OF AGREEMENT FOR ALLOCATION OF POWERFROM WESTERN AREA POWER ADMINISTRATION.(Maritime - 21)

6


97253 24 APPROVING AND AUTHORIZING EXECUTION OF UTILITIESSERVICE CONTRACT WITH UNITED STATES OF AMERICA FORUTILITIES AT NAVAL FLEET AND INDUSTRIAL SUPPLYCENTER, OAKLAND. (Maritime - 21)

97254 25 AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENTWITH TRANS PACIFIC CONTAINER SERVICE CORPORATION.(Maritime - 22)

97255 26 FINDING AND DETERMINING THAT A PROPOSED AGEEMENTWITH PARSONS ENGINEERING SCIENCE, INC. FORPREPARATION OF ENVIRONMENTAL STUDIES ANDENVIRONMENTAL REVIEW FOR BERTHS 55-58 PROJECTCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Maritime - 23)

97256 27 FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO CONTRACT FOR DREDGING OFBERTHS 60 THROUGH 63, MIDDLE HARBOR TERMINAL,OAKLAND, CALIFORNIA, WITHOUT COMPETITIVE BIDDINGAND APPROVING ISSUANCE OF CHANGE ORDER FORCONTRACT WITH MANSON CONSTRUCTION & ENGINEERINGCO. FOR SUCH WORK. (Maritime - 27)

97257 28 CONCERNING CERTAIN APPOINTMENT. (Operations - 31)

97258 29 RATIFYING LEAVE OF ABSENCE TO DIANE HEINZE,ASSOCIATE PORT ENVIRONMENTAL SCIENTIST.(Operations - 31)

97259 30 AMENDING IN PART AND RESCINDING IN PART PORTRESOLUTION NO. 97223 CONCERNING CERTAINAPPOINTMENTS. (Operations - 31)

97260 31 PROVIDING FOR THE PAYMENT TO THE CITY FOR GENERALSERVICES PROVIDED TO THE PORT AND FOR THEREIMBURSEMENT OF CERTAIN CITY EXPENDITURES FORLAKE MERRITT TIDELAND TRUST PURPOSES, AND MAKINGCERTAIN DETERMINATIONS IN CONNECTION THEREWITH.(Operations - 33)

97261 32 APPROVING AND AUTHORIZING EXECUTION OF ASUPPLEMENTAL AGREEMENT TO MEMORANDUM OFUNDERSTANDING WITH THE CITY OF OAKLAND FORPROVISION OF AND PAYMENT FOR FISCAL YEAR 1997-98SPECIAL SERVICES. (Operations - 34)

97262 33 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH MONTGOMERY WEST L.L.C. FOR EXECUTIVE SEARCHCONSULTING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID AGREEMENT.(Operations - 35)

97263 34 APPROVING APPOINTMENT OF SPECIAL COUNSEL.(Closed Session - 40)

97264 35 RATIFYING AND APPROVING APPOINTMENT OF SPECIALCOUNSEL. (Closed Session - 40)

7


Vote on the following ordinances:Ayes: Commissioners Cole, Lockhart, Taylor

and Vice President Kramer - 4Noes: NoneAbsent: Commissioners Harris, Loh and President Ortiz - 3

ORDINANCES:

1 Port Ordinance No. 3375 being, "AN ORDINANCE

RATIFYING THE ADDITION OF SECTION 1.3396 TO PORTORDINANCE NO. 867 FIXING THE COMPENSATION OFCERTAIN OFFICERS AND EMPLOYEES OF THE PORTDEPARTMENT."

Final.

2 Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION ADMINISTRATION."

Airport - 3S to print.

3 Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF LEASE WITHNATIONAL FURNITURE LIQUIDATORS, INC., AND GRANTINGRENT CONCESSION."


APPEARANCES:

ELECTION OF OFFICERS:

To be postponed until September 2, 1997.

ADJOURNMENT: Next regular meeting, Tuesday, September 2, 1997at 3:00 p.m.

8

SUBMITTED BY: Joseph K. Wong abse.t6P■r-.---)a---6—EXECUTIVE OFFICE RECOMMENDATION:

X

I I MOTION

XI RESOLUTION

ORDINANCE

INFORMATION ONLYII

BOARD ACTION REQUIRED: AUG 4 1997


SUBJECT: Approval of Seventh Supplemental Agreementwith Environmental Science Associates forPreparation of Environmental Documentationfor the Airport Development Program

Date: August 5, 1997

Item No. 1

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

in March 1988, the Board authorized an agreement with Environmental Science Associates (ESA) forpreparation of an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the OaklandAirport Master Plan Update. Since that time, the project has been changed to the Airport Development Program(ADP), revised to include the evaluation of the Airport Roadway Project and rescoped a number of times toreflect regulatory and business constraints.

Through the years since 1988, the Port prepared several Administrative drafts of the EIS/EIR for FAA review.Because of these and other changes directed by the FAA, the Port negotiated six supplemental agreements withESA in order to add to the scope of work and to increase the compensation. To date, the maximum totalcompensation payable under the contract is $1.6 million.

In the summer of 1996, the FAA authorized the Port to publish a Draft EIS/EIR in September 1996. The draftwas published in September and the required public comment period began that month. By that time, all fundsauthorized by the Board for the ESA agreement were exhausted. If ESA had stopped work on the ADP EIR/EISlast Fall, critical regulatory requirements could not have been completed. Therefore, the Port asked ESA tocontinue work on a time-and-materials basis.

The public comment period ended on December 30, 1996. The Port received over 500 comment letters on thedraft document from public agencies, businesses, organizations, and individuals. The comment letters rangedfrom a one-page letter to multi-volume comment reports from agencies. Under Port direction, ESA analyzedthe comments and conducted further analyses on critical issues. ESA's professional services from September1996 through June 1997 averaged $30,000 per month, for a total of approximately $335,000 in charges.

The Board of Port Commissioners was not approached in September 1996 to authorize additional funds for ESAfor the ADP environmental work because the project schedule and future work scope were unknown. Followingtheir review of public comments on the Draft EIS/EIR, the FAA has finally provided the Port with their changesto the Draft EIS/EIR which were required to move the project ahead. Between May and July of 1997, a revisedwork scope and schedule were prepared. Under Port direction and to remain on schedule, ESA has continuedto make changes to the EIS/EIR and to prepare the responses to comments. The work has had to continue inorder to meet the FAA's anticipated Record of Decision on the ADP around March 1998. Additionalcompensation is due ESA for all work performed since September 1996 and for all remaining work required tocomplete the EIS/EIR process.

The Port has negotiated a Seventh Supplemental Agreement with ESA. The agreement contains an attachmentlisting work by tasks with costs and a schedule of deliverables. It is proposed that the agreement provide theExecutive Director the authority to modify the listed work to provide flexibility. The Supplemental Agreementalso includes the addition of four new MANBE subconsultants. The Local Area Participation in this SupplementalAgreement is 15%. However, this is the maximum percentage that can be accomplished without scheduledelays. The proposed maximum additional compensation of $950,000 will cover: (1) work ESA performedduring the 1996/1997 fiscal year; and, (2) work ESA will perform on the ADP during 1997-1998. In addition, itis proposed that up to $100,000 of additional work may be authorized by the Executive Director for unforeseenchanges in work scope. The capital budget for fiscal year 1997-98 provides for these consultant services underCIP Item No. A2.00414.01. The funding source is approved PFCs.

DATE AUTHORIZED PROPOSEDDESCRIPTION

Original Agreement

3/1/88 $182,000

2 • First Supplemental Agreement 6/5/90 $210,000

•Second Supplemental Agreement 5/19/92 $263,000Executive Director Approved Work 10/29/92 $80,000

1/25/94 $120,000

- Third Supplemental Agreement 2/1/94 $105,000Executive Director Approved Work 9/23/94 $40,000

- Fourth Supplemental Agreement 10/18/94 $150,000Executive Director Approved Work 9/21/95 $50,000

- Fifth Supplemental Agreement 2/1/96 $320,000Executive Director Approved Work June 1997 $50,000

- Sixth Supplemental AgreementPart of amount authorized under theFifth Supplemental Agreement, notincluded in the Fifth Supplemental.

July 1997 $30,000

$1 600,000

• Proposed Seventh Supplemental Agreement $950,000Proposed Executive Director Authority $100,000to Approve Additional Work

$1,050,000

Approval of Seventh Supplemental Agreementwith Environmental Science Associates forPreparation of Environmental Documentationfor the Airport Development ProgramAugust 5, 1997Page 2

TOTAL AUTHORIZED/PROPOSED ,$2,650,000

RECOMMENDATION:

It is recommended that the Board authorize the execution of a Seventh Supplemental Agreement withEnvironmental Science Associates for providing professional services as described above for $950,000,unless additional work is authorized by the Executive Director. It is recommended that up to $100,000 ofsuch additional work may be so authorized.

SUBMITTED BY:Joyce Washingto


OrArintr

:47Aa

r',•401',„

AUG 4 1997


Ma3TATOECRETARYnFTHPRnArm-1


MOTION

RESOLUTION

X ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT:An Ordinance approving and authorizing execution. Date . Auguct 5, 1997

of a Lease Between Port of Oakland ("Port") Item'No. 11 and National Furniture Liquidators, Inc.("NFL") for Premises Located at 845 Embarcaderoand Granting Two Months Rent Concession

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND

Pursuant to Resolution No. 93371,-adopted on August 10, 1993, thisBoard 'consented to M & N Trucking's ("M&N") sublease of thesubject premises to NFL. M&N's Lease term expired on March 4,1997. NFL wishes to enter into a lease with the Port for thesubject premises which NFL continues to occupy.

The premises consists of 44,792. square. feet of warehouse spacewhich includes 4,000 square feet of office space. Use of thepremises includes storage, distribution, and sale of new and usedfurniture.

NFL rental history payments, NFL financials, and a Dunn andBradstreet report appear to indicate that NFL is an acceptablePort tenant. Staff believes that NFL is financially able tocontinue timely rental payments and maintain the premises in goodcondition.

The following lease terms are proposed:

Term - 5 years

Option - None

Effective Date - March 5, 1997

Monthly Rent $13,069 ($0.29 per square foot)4/1/97 to 3/31/98

- $13,438 ($0.30 per square foot)4/1/98 to 3/3.1/99

- $13,886 ($0.31 per square foot)4/1/99 to 3/31/2000$14,333 ($0.32 per square foot)4/1/2000 to 3/31/2002

Maintenance &Repairs - Lessee is responsible for all

maintenance and repairs required tosustain the condition of the premisesincluding the roof.

An Ordinance approving and authorizing executionof a Lease Between Port of Oakland ("Port")and National Furniture Liquidators, Inc.("NFL") for Premises Located at 845 Mnbarcaderoand Granting Two Months Rent Concession

Page 2

Termination - Should the Port decide to develop theproperty at anytime during the term or anyextended term of the Lease Agreement, thePort may, at its sole discretion, terminatethe Lease Agreement provided that the Porthas given six months written notice toLessee and pays Lessee $52,276 (four monthsrent) during the first year of the Lease,$40,314 (three months rent) during thesecond year, $27, 772 (two months rent)during the third year, $13,886 (one month)during the fourth year of the Lease tem.

- $15,000.00

- In consideration of NFL's replacement ofthe HVAC system and for business operationinterruptions caused by installationof a new monitoring well and readings ofexisting well, Lessee shall be given aconcession equal to two months rentcredit to cover Lessee's actual costsresulting from such interruptions.

SecurityDeposit

Rent Concession

The Port is not liable for real estate commission related to thistransaction.

The Lease was reviewed pursuant to the requirements of theCalifornia Environmental Quality Act (CEQA) and the Port CEQAGuidelines. This action is Categorically Exempt under Class 1 ofGuidelines Section 15301(p), which exempts renewals, extensions oramendments to leases or License and Concession Agreements wherethe premises or licensee's activity was previously leased orlicensed to the same person or another person, and involvingnegligible or no expansion of use beyond that previously existing.No further environmental review is required.

This item was reviewed by the Commercial Real Estate Committee onSeptember 5, 1996 and was resubmitted to the Committee on July 31,1997.

Recommendation: It is recommended that the Board give first reading to anordinance approving a lease with National Furniture Liquidators,Inc. and authorizing the Acting Director of Commercial Real Estateto execute the lease agreement and approving a rent concessionequal to two months rent. The lease shall not be effective untiland unless it is approved by the Port Attorney as to form andlegality.

SUBMITTED BY: Joyce Washingto



MOTION

I xi RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Execution of the Third Supplemental Agreement to

the Lincoln Property Company Purchase and Sale Agreement.Date:. August 5, 1997

Item No 12

PROGRAM AREA

Airport Operations

I X Commercial Real Estate

Maritime Operations

Overall OperationsFACTUAL BACKGROUND:•

In November 1995, the Board approved = ordinance authorizing the execution of aPurchase and Sale Agreement ("Agreement") with Lincoln Property Company("Lincoln") for the Port's sale to Lincoln of a 9.1 acre parcel located at Alice andEmbarcadero Streets. On November 19, 1996, the Board approved an extension of theApproval Deadline Date in the Agreement from May 1, 1997 to August 1, 1997 in orderto accommodate Cirque du Soleil's schedule.

In December, 1996, a group called Citizens for Site B filed a lawsuit challenging the EIRfor the project. The case was heard in Alameda County Superior Court on June 30, 1997,and a decision handed down on July 8, 1997 stating that the Port's EIR for the projectwas legally sufficient, and denying the request by Citizens for Site B that a Writ ofMandate be issued to the Board to set aside its certification of the EIR and approval of theproject.

If Citizens for Site B appeal, the appeal process could potentially take approximately oneyear or more. The current contract requires that Lincoln close escrow within 30 daysafter the Approval Deadline Date, with a provision that the close of escrow can bedelayed up to six months if Lincoln makes monthly payments of $25,000.

Lincoln has requested that the Port extend the Approval Deadline Date from August 1,1997 to a date that is three months after a non-appealable judgment is set forth, orNovember 1, 1998, whichever is first. In return, they have agreed to allow the Port tocontinue to use the property at no charge after escrow closes until they are ready to beginconstruction in order to accommodate the Port's parking operations while new parkinglots and programs are constructed and put into operation. Lincoln has also agreed to givethe Port six months notice confirming the date they expect to begin construction.

Lincoln has also requested that the Port commence and complete the environmentalremediation prior to the closing date due to lender requirements. Lincoln shall providethe Port with 120 days' notice prior to the closing date of their intent to close escrow inorder to allow the Port sufficient time to undertake the work. Lincoln will reimburse thePort for all costs associated with the removal of the concrete pad.

Recommendation:

It is recommended that the Board pass a resolution authorizing entering into a ThirdSupplemental Agreement to the Purchase and Sale. Agreement with Lincoln PropertyCompany that changes the Approval Deadline Date as outlined above.

SUBJECT: Port Consent to Amend the ColiseumRedevelopment Project Area Boundaryof the Coliseum Redevelopment Plan

SUBMITTED BY: Joyce Washington


'i3.12(//BOARD AC 10 AKIN

AUG 4 1997

DATE


Date: August 5, 1997 Item No. 13 PROGRAM AREA


FACTUAL BACKGROUND:

The City of Oakland is proposing to expand the existing Coliseum Area Redevelopment ProjectArea by adding 264 acres in the Fruitvale neighborhood. The boundaries of the added area areFruitvale Avenue (the current terminus of the district), International Boulevard, 22nd Avenue,Livingston Avenue, 23rd Avenue, and the municipal boundary in the Estuary.

When the current Coliseum Redevelopment Project Area was established in 1995, it included landwithin Port planning jurisdiction. The Port and the Oakland Redevelopment Agency have enteredinto a Memorandum of Understanding (MOU) which outlines the respective roles, responsibilities,limitations and conditions to guide the agencies in carrying out the objectives of the redevelopmentarea. Included in the MOU is a provision (Section 1) that the Redevelopment Agency " . . . shallnot amend the boundaries of the (Coliseum) project area to include property under jurisdiction ofthe Port . . . without the prior consent of the Port." In this case, the area to be added does includeadditional land within Port jurisdiction, between Glascock Street and the Estuary. Pursuant to theMOU, the Redevelopment Agency has requested Port consent to amend the boundaries of theProject Area.

Staff review of the City's objectives and programs to be employed within the additional areas of theProject Area has assured that amending the district boundaries will not have adverse impacts on thePort's property or planning interests and will likely benefit the Fruitvale neighborhood. Extendingthe boundaries as proposed will allow the benefits of the current Tax Increment program to beapplied. Staff believes that the Board should support the application of appropriate redevelopmenttools in this area of the city as a continual effort to enhance the neighborhood and improveaccessibility to the waterfront.

At its July 15, 1997 meeting, the Board considered the Agency's request to give consent, and wasfavorably inclined to grant its consent, pursuant to the MOU. The Board approved a non-bindingmotion indicating its intended support, pending the Agency's adoption of a Negative Declaration ofEnvironmental Impacts and the Port's consideration thereof, as required by CEQA. At this point,the Agency has approved the Negative Declaration on July 22, 1997, so it is appropriate that theBoard of Port Commissioners formalize its consent.

RECOMMENDATION:

It is recommended that the Board pass a resolution indicating that the Board: (1) has reviewed theproposed amendments to the Coliseum Redevelopment Plan and Coliseum Area RedevelopmentProject boundary, (2) has considered the Negative Declaration of Environmental Impacts that wasprepared and adopted by the Agency, and (3) indicates its consent to the proposed amendments,pursuant to the MOU between the Port and the Agency.


D MOTIONE RESOLUTIONn ORDINANCE

F- INFORMATION ONLY

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Agenda SheetSUBJECT: Approval of Agreement with Security By Design

for Engineering Design Services to Upgrade theExisting Security System, Jack London Square

SUBMITTED BY: Joseph K. Wong t,



Item No. 1 4PROGRAM AREA





,FACTUAL BACKGROUND:

The existing security system at Jack London Square (JLS) consists of a combination of alarm, closed circuit television (CCTV)monitoring and audio surveillance systems. A number of CCTV cameras and emergency-aid stations with "call buttons" and "talkback" speakers are strategically located in the two existing garages, plaza areas and other selected areas within JLS. Videomonitoring and audio surveillance are provided by a Port security officer 24 hours a day through several TV monitors and audioequipment at the main security control center in Building F-107 (Tribune Building). A separate control center which is located atthe parking office on the second level of the Washington Street parking garage is used to monitor only the activities in this garage.

The security system has been in operation since 1989. Since that time, several components of the system have failed. Someequipment has been replaced or repaired and restored to service. Some portions of the audio surveillance system remaininoperable at the present time, possibly due to bad fiber-optic connectors and splices. The TV monitors have outlived their usefuleconomic lives and need to be replaced. All of the CCTV cameras are of an outdated design type and have not performedproperly, requiring adjustments and/or refurbishing. It is imperative that the existing security system be upgraded to meet thePort's security needs at JLS.

Requests for Proposal (RFP) were sent to 9 firms. Proposals were received from 6 firms, 5 of which are in our Local BusinessArea. A Port Review Panel (Panel) reviewed the 6 proposals and invited all 6 consultants for interviews. The Panel consisted ofrepresentatives from Engineering Design, Commercial Real Estate (CRE), CRE's Jack London Square Security Office,Engineering Project Management, and the Office of Equal Opportunity. Each consultant was evaluated based on the criteria listedin the RFP.

Security By Design {SBD), a Local Business Area and Woman-Owned Business Enterprise, was ranked highest and isrecommended for selection to perform the required design services for this project. Glover and Associates, Inc., which ranked aclose second, is outside our Local Business Area {Roseville, CA), and is non-MBE/WBE. SBD specializes in designing securityas well as fire/life safety systems, including access control, CCTV and intercom systems similar to the existing Port securitysystems at JLS. In addition, SBD has a highly qualified project management team and a strong technical staff with over 20 yearsof diversified experience in the security field. SBD was also the security consultant for the redesign of the Oakland Airport securitysystem and the Port staff who worked with them on this project has a very high regard for their work. SBD's subconsultant, whowill perform about 27% of the work is also in our Local Business Area, and is a WBE. The Port's Office of Equal Opportunityconcurs in the selection.

The maximum payment that can be made under the proposed agreement is $172,000 unless additional work is authorized by theExecutive Director. It is proposed that up to $28,000 of additional work may be so authorized, in which case the maximumpayment could be increased to $200,000.

This work is budgeted under GIP Item No. P1.0465.02, and the funding source is Port bonds.

RECOMMENDATIONS:

It is recommended that the Board determine that the engineering design services as described above are professional services,and approve the preparation and execution of an agreement with Security By Design for engineering design services inaccordance with the above provisions. VIStatfil:Agmo

_7r AUG 4 1997

0 MOTION BOARD ACTION TAKEN DATE

RESOLUTION

El ORDINANCE

INFORMATION ONLY

131I

ri MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

BOARD ACTION REQUIRED: AUG 4-1-9T---


SUBJECT: Approval of Second Supplemental AgreementWith Levine-Fricke-Recon for ProfessionalDesign Services for the Wetland RestorationProject at the Distribution Center

SUBMITTED BY: Joseph K. Wong a. Srzsz,011-‘"--)0~-8(

Date- August 5, 1997

Item No 15

PROGRAM AREA

Airport Operations

I Xl Commercial Real Estate

Maritime Operations

Overall Operations

EXECUTIVE OFFICE RECOMMENDATION: c;4---(79/2

FACTUAL BACKGROUND:

The Port currently has a contract with Levine-Fricke-Recon for $427,913 plus a $40,000contingency to conduct technical studies, prepare the preliminary and final design, and support the Portduring the construction period for the Martin Luther King Jr. Regional Shoreline Wetlands Projectat the Distribution Center. That work, except for the construction period support which will beginshortly, has been completed to the satisfaction of all the parties to the Consent Decrees which gaverise to this project. Most of the authorized contingency fund has been expended during this effort.

Under the Consent Decrees, the Port has committed to spend $2.5 million (partially subject toinflation) on the wetland restoration project. The Port has committed to spending between $2,050,000and $2,150,000 of these funds on the Initial Mitigation Activities (i.e., planning, permitting, design, andconstruction) excluding in-house charges, and the remainder will be placed in an escrow account tobe used by the East Bay Regional Park District for maintenance and monitoring of the restoredwetland. The East Bay Regional Park District will accept the deed to the 71.5-acre restored wetlandproperty at the end of project construction.

Approximately $500,000 of the Initial Mitigation Activity funds have been committed toconsultant charges for this work, and approximately $1,221,000 of the awarded construction contractcan be counted against the Port's obligation. Allowing for a 10% contingency on the constructioncontract, approximately $350,000 of the funding required by the Consent Decrees to be expended onInitial Mitigation Activities has not yet been committed.

The parties to the Consent Decrees have identified a number of new construction items to beconsidered for implementation with the remaining funds. The skills of Levine-Fricke-Recon arerequired to conduct feasibility studies of the proposed new construction tasks, and to prepare designsfor those that are feasible. It is proposed that Levine-Fricke-Recon be paid at agreed upon billingrates, on a time and materials basis, for this work up a maximum compensation of $30,000, thusincreasing their total maximum compensation to $495,089. If additional work is necessary, it is alsoproposed that the Executive Director be authorized to approve up to a total of $10,000 for additionalwork.

The cost for this additional work is covered under CIP number SM.00517.01. The fundingsource is Port cash. The cost of all the work to be performed under the second supplementalagreement will be counted against the Port's $2.5 million total commitment to this project whichexcludes Port staff time, soil contamination characterization and removal, and the cost of theDistribution Center land.

1 Original AgreementApproved Change in Scope

10/17/954/18/96

2 First SupplementalAgreement

Approved change in Scope

9/3/966/11/97

$202,000$ 7,913

$209,913

$427,913$ 37,176

$465,089

SUMMARY OF COSTS

DESCRIPTION DATE AUTHORIZED PROPOSED

3 Second SupplementalAgreement

Proposed AuthorizedMaximum

Additional Work withExecutive DirectorApproval

Possible MaximumCompensation

proposed $ 30,000

$495,089

$ 10,000

$505,089

Approval of Second Supplemental AgreementWith Levine-Fricke-Recon for ProfessionalDesign Services for the Wetland RestorationProject at the Distribution Center

Page 2August 5, 1997

RECOMMENDATION:

It is recommended that the Board authorize the execution of a second supplemental agreementwith Levine-Fricke-Recon for providing professional services as described above for $30,000 unlessadditional work is authorized by the Executive Director. It is recommended that up to $10,000 of suchadditional work may be so authorized.

1 IPROGRAM AREA

Airport Operations

Commercial Real EstateMaritime OperationsOverall Operations

SUBMITTED BY: John Glover 4'


irAP

6710. AUG 4 1997


SUBJECT: Approval to Retain Michael Willis ex Associatesin Conjunction with the Sedway Group, Inc.to Perform Consulting Planning Servicesfor the Hegenberger Gateway Study


Item No. 16

FACTUAL BACKGROUND:

Mayor Harris has requested that the Port collaborate with the City of Oakland on a joint effort to analyzewhat can be done to enhance the image and development potential of the "gateway" to the airport alongHegenberger Road and 98th Avenue.

At its July 15, 1997 meeting, the Board of Port Commissioners approved Resolution #97220, in which theBoard authorized Port joint participation in the study with the City of Oakland's Community 8t EconomicDevelopment Agency (CEDA), and approved a cost-sharing formula by which the Port and City equally sharethe costs of the study. Staff agreed with CEDA's recommendation to hire a consultant to perform this studyunder joint management of the Port and City staff. Because the Port will contribute half of the costs of hiringthe consultants, it is necessary that the Board of Commissioners approve the consultant team recommendedto perform the services.

To solicit qualified consultants, City and Port staff developed a work program to prepare the study and issueda "Request for Proposals (RFP)" from interested firms. Four consultant teams responded to the RFP. Thefour proposals were evaluated by a six-member staff evaluation committee (three from the Port; three fromthe City). Committee members evaluated the proposals independently, then met as a group to interview allfour consultant teams on July 16, 1997. Each committee member ranked the teams according to theirindependent evaluations of the written proposals and their assessment of the teams during the interviews. Itwas unanimously agreed by all evaluators that the team of Michael Willis 8T Associates (MWA) and theSedway Group, Inc. offered the strongest team and most relevant work products.

The MWA/Sedway proposal was deemed strongest in several respects. Their proposal was the most detailedand well-thought out, and the overall quality and presentation of the written proposal was the best of thefour. The team demonstrated the best understanding of the Port's and City's objectives for the study, andthe relationship between design and development. Their expertise in both project development and designwas extremely strong and was the most relevant to the issues faced in the Hegenberger Gateway area.Furthermore, both firms have experience in addressing Oakland issues. Past projects undertaken by one orboth of the firms include the Oakland Coliseum Area Redevelopment Plan, Lower Fillmore Streetscapeimprovements, renovation of Oakland City Hall and the International Terminal at San Francisco InternationalAirport, revitalization strategies for Oakland's Broadway Auto Row, feasibility studies for grocery stores inWest and East Oakland, and development analyses for the Oakland Unified School District.

MWA/Sedway proposed to complete the study for $65,000 within five months and within the budget andschedule established by the Port and City staff. The team's simple composition, with just two firms, willexpedite its work and promote efficient coordination with each other and staff.


n MOTION BOARD ACTI N TAKEN DATE

[ZI RESOLUTION

I ORDINANCE

mum= SECRETARY OF THE BOARDEl INFORMATION ONLY

Approval to Retain Michael Willis 81 Associatesin Conjunction with the Sedway Group, Inc.to Perform Consulting Planning Services forthe Hegenberger Gateway Project

Page 2

Because CEDA will be funding half of the study and will be the contract administrator„ the City of Oakland'scontracting goals to promote the hiring of minority-owned, local, women-owned, and small businesses wereutilized to evaluate proposals. The MWA/Sedway proposal surpasses the City's contracting goals. MichaelWillis 81 Associates is a minority, Oakland-owned firm. The Sedway Group is a woman-owned firm based inSan Francisco. MWA will be the project lead.

Minority-Owned Business 40% of Contract Amount

Women-Owned Business 15%

Local Business 40%

Small Business 40%

RECOMMENDATION:

It is recommended that the Board of Port Commissioners approve a resolution to:

1. Approve the recommendation of the staff and joint Port-City evaluation panel to retain the consultantteam of Michael Willis 81 Associates and the Sedway Group to provide planning services associatedwith the Hegenberger Gateway Study, as described in their proposal to undertake same;

2. Direct the Executive Director to forward the Board's approval of the consultant team to the CityCouncil for its consideration in approving the recommendation; and

3. Authorize the Executive Director to make arrangements to reimburse the City of Oakland up to 50%of the total study cost, pursuant to Board Resolution # 97220.


Agenda SheetSUBJECT: Recommendation to Approve Fourth Amendment To Lease fromNavy for Fleet Industrial Supply Center, Oakland (FISCO) and AuthorizeApplication to Western Area Power Administration (WAPA) for Electrical PowerAllocation at FISCO and Approve Utilities Service Agreement


Item No. 21

PROGRAM AREA


U Commercial Real Estate


D Overall OperationsSUBMITTED BY: Raymond A. BoyleEXECUTIVE OFFICE RECOMMENDATION:

FACTUAL BACKGROUND: The Port has been negotiating with the United States Navy with the goal of leasing from the Navy theFleet and Industrial Supply Center, Oakland (FISCO). These negotiations were guided by the provisions of a Memorandum ofUnderstanding (MOU) between the Navy and the Port as approved by the Board on November 16, 1993. On December 1, 1993 thePort subsequently entered into a leasehold agreement with the Department of the Navy under U.S. Government Lease No.N6247494RP00P24. Under this Lease and three subsequent amendments, the Port has incrementally leased approximately 190acres of upland area at FISCO, all of which is currently subleased to Port tenants. In furtherance of implementing the Port'sEconomic Development Project at FISCO, the Port and the Navy have now finalized the Fourth Amendment To Lease for the leasingof the remaining 341 acres of the Base of which, approximately 238 acres are upland and approximately 103 acres are submerged.The Navy will continue occupying about 168 acres, called the "Reserve Area", until it gradually phases out over the next 14 months.Unless and until additional environmental documentation is completed, no expansion or use of the 341 acres beyond thatpreviously existing or modification of existing facilities will occur.

As a condition of prior lease amendments, the Port was required to take over the operation and maintenance (O&M) of most of theutility systems and other infrastructure located within the Port's lease area at no cost to the Government. However, as a conditionof the final lease phase, the Port will now be required to perform O&M for utility systems located within all 430 acres of upland areaat FISCO, including the Government's Reserve Area. For consistent management and operation of the common utility system, theGovernment is requiring the Port to administer the O&M using best commercial practice, ensuring that the system is operated by asingle entity. To this extent, the Port will utilize the Navy's current certified defense contractor, J.A. Jones, under existingpurchase orders to perform the work. Because the Port will be performing O&M for the benefit of the Navy, the Navy is willing tocompensate the Port under a Utilities Service Contract with the Navy's Public Works Center (PWC) which provides for a lump sumpayment to the Port of $330,000 for the 14-month term. Repairs that cost in excess of $10,000 and that benefit only the Navy'sReserve Area will be undertaken and paid for by the Navy.

Environmental documentation for the leasing under National Environmental Protection Act (NEPA) and California EnvironmentalQuality Act (CEQA) have been completed by the Navy and Port, respectively. The Navy has issued a Finding of No SignificantImpact under NEPA. The Port has determined that the leasing is categorically exempt under CEQA.

Under this lease amendment, during the Navy's continued occupancy at FISCO, the Port will continue to purchase power from theGovernment under the Government's current agreement with the Western Area Power Administration (WAPA), but the Port will alsoseek its own WAPA allocation. WAPA has determined that the Port meets the criteria set forth in its regulations and has alsodetermined that FISCO qualifies as a Priority-Two Base. Based on WAPA's determination, the Port may now prepare an applicationfor WAPA power under the National Defense Authorization Act (NDA). WAPA regulations require that an applicant have anEconomic Development Project Plan (EDPP) for the military base. The Port's EDPP consists primarily of the projects described inthe various NEPA and CEQA documents for the past and current leasing of FISCO property. The EDPP must also contain a specificplan for hiring the unemployed and under-employed persons from the area near the closed military installation. The Port's specificplan, which is set forth in the Fourth Amendment to the lease is targeted toward promoting a capable local work force. Strategies toimprove the job skills of West Oakland residents and to encourage their employment in Port-related industries go beyond jobtraining and placement to encompass student outreach, quality of life and community outreach and involvement.RECOMMENDATION:

It is recommended that the Board adopt resolutions authorizing the Executive Director to:1) Execute the Fourth Amendment to Lease, and other associated documents,2) Execute a fixed fee Utilities Service Contract with the Navy's Public Works Center3) Make application to, and execute agreement with WAPA for an NDA electric power allocation for FISCO


El MOTION

RESOLUTIONS

0 ORDINANCE

INFORMATION ONLY

Ro. -7---72_51--9-72, AUG 4 1997'91303t7 lawn


mxiamsa SECRETARY OF THE BOARD


MOTION

RESOLUTION

ORDINANCE

1 INFORMATION ONLY

.U'?RO'51 147 „mow,aux AUG 4 1997

BOARD ANION TAKEN DATE


Agenda SheetSUBJECT: Supplemental Agreement with TraPac to

Extend Timeframes to Accommodate theGlobal Alliance at Berth 30

SUBMITTED BY: Raymond A. Boyle ceieEXECUTIVE OFFICE RECOMMENDATI .

Date• August 5, 1997

Item No 22

PROGRAM AREA

Airport Operations

1 I Commercial Real Estate

X J Maritime Operations

Overall Operations

=ACTUAL BACKGROUND:-

During the latter part of 1995, American President Lines (APL), Mitsui O.S.K. Lines, Ltd. (MOL),Orient Overseas Container Line (OOCL) and Nedlloyd announced they had formed a GlobalAlliance. In a related development APL and Matson Navigation announced a 10 year StrategicAlliance to share vessel space in the Pacific trade. Subsequently, on January 9, 1996 the Boardapproved an interim set of Agreements with MOL's terminal subsidiary, TransPacific ContainerService Corporation (TraPac), which conducts maritime operations at Berth 30, as well as with APLat Berths 60-63, addressing a number of issues affecting terminal requirements and revenue streamsrelated to the Global Alliance. The interim arrangement with TraPac is contained in a FifthSupplemental Agreement to their Berth 30 Assignment Agreement.

The Fifth Supplemental Agreement with TraPac and the corresponding APL interim Agreementswere structured to accommodate the Global Alliance and the APL/Matson Strategic Alliance whileat the same time assuring the Port's continued compliance with requirements of its bond financeobligations and protection of revenue streams. The guiding principle underlying the interimAgreements was that with respect to primary and secondary vessel and cargo use by the GlobalAlliance members at TraPac's Berth 30, the APL Terminal or the Matson Terminal, the Port wouldremain whole.

The interim Agreements were negotiated with the likelihood that APL would relocate its terminaloperations and the Port would eventually negotiate a long term agreement with TraPac that wouldprovide a facility which would accommodate the combined operations of the Global Alliancepartners. APL's negotiations with Singapore's Neptune Orient Lines (NOL) and decision to beacquired by NOL has resulted in APL operations remaining at Berths 60-63. Although TraPac andAPL no longer plan to combine terminal operations, it is now necessary to amend the Port/TraPacAgreement for the remaining term in order to accommodate vessel and cargo operations for theGlobal Alliance at TraPac's Berth 30, the APL facility or the Matson Terminal; and, for the Port toremain whole under the guiding principle which was previously established. Key elements of theproposed amendment to the TraPac Agreement include the following:

1. Vessel & Cargo Use Provisions: The present primary use provisions from the FifthSupplemental Agreement shall be carried forward. An additional provision shall be addedrecognizing Mitsui cargo loaded to or discharged from Mexican Line vessels handled at Berth30, the APL Terminal or at the Matson terminal as Berth 30 primary cargo. This change isrequired in view of the cooperative working relationship Mexican Line has with GlobalAlliance partner APL.

PageAugust 5, 1997

The current secondary use provisions in the Fifth Supplemental Agreement will basicallyremain unchanged with the added clarification that Mexican Line cargo loaded to ordischarged from Mexican Line vessels handled at Berth 30, the APL Terminal or the Matsonterminal shall not be included as primary or secondary for the Berth 30 Agreement becausethis is accounted for in the APL Agreements.

2. "Special Facilities Revenues": This definition, as presently incorporated in the FifthSupplemental Agreement, shall remain unchanged.

3. Repairs and Maintenance: The Port's maintenance and repair requirements in the currentFifth Supplemental Agreement indicating the manner of computing Non-Debt ServiceRevenues for purposes of ascertaining the amount of the Port's obligations to pay for certaintypes of repairs shall continue.

In addition, the proposed modifications will be subject to the APL/MOL/OOCL/Asia-Pacific Alliance ("A-PAC") Agreement remaining in effect.

The new Supplemental Agreement with TraPac shall be consistent with the Port's financialobligations under the indenture for the Special Facilities Bonds which financed Berth 30construction for MOL and the Port and shall be approved as to form and legality by the PortAttorney. The proposed Supplemental Agreement will also relate back to July 1, 1997.

RECOMMENDATION: It is recommended the Board pass a resolution approving theproposed modifications to the MOL Berth 30 Agreement as outlined above and authorizingexecution thereof subject to approval as to form and legality by the Port Attorney. Followingexecution of the new Supplemental Agreement documents will be filed with the FederalMaritime Commission in accordance with the shipping Act of 1984.

SUBMITTED BY: Joseph K. Wong 6bs.1,5-",...3„----6--EXECUTIVE OFFICE RECOMMENDATION:

Ix'


n MOTION

X ( RESOLUTION

ORDINANCE

INFORMATION ONLYII

I I


SUBJECT: Approval to Prepare and Execute an Agreementwith Parsons Engineering Science, Inc. for thePreparation of Environmental Studies andEnvironmental Review for the Berths 55-58 Project

Date: August 5, 1997 Item No 23

PROGRAM AREA

I I Airport Operations

n Commercial Real Estate

Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

As part of its Vision 2000 plan (i.e., long-term development of the Fleet Industrial Supply Center Oakland),the Port of Oakland plans to construct and operate four new marine terminals on the Oakland Inner Harbor.These terminals, known as Berths 55-58, are urgently needed to provide wharfs and terminal yards for Porttenants, including Hanjin, who wish to increase cargo and intermodal operations at the Port of Oakland.

In order to construct and operate Berths 55-58 ("the Berths Project"), the Port of Oakland must complete anassessment of potential environmental impacts, as required by the California Environmental Quality Act(CEQA) and the National Environmental Policy Act (NEPA). Based upon the scale and environmental settingof the project, Port staff considers that an Environmental Impact Report/Environmental Assessment (EIR/EA)must be prepared to satisfy the provisions of CEQA and NEPA and to provide environmental clearance forrequired regulatory permits.

Selection Process

In anticipation of future needs for consulting services on Port projects, Port staff contacted over 500 firms andrequested information regarding technical expertise. Of the 500+ firms contacted, 97 responded. Ten ofthese firms indicated that they had significant in-house expertise with EIR/EIS documentation, including workon dredging projects in San Francisco Bay.

In the Spring of 1997, Port staff prepared a Request for Proposal (RFP) to prepare the EIR/EIS/FeasibilityStudy (EIR/EIS/FS) for the -50' dredging project. This RFP was sent to the ten firms who had indicatedsignificant in-house expertise with dredging project EIR/EIS documentation. The RFP clearly stated the Port'sgoal to maximize participation of Local Business Area (LBA) and MBE/WBE firms.

In response to the RFP, four proposals were submitted to the Port. Of these, two of the proposals wereconsidered to be outstanding and these two teams were invited to an interview by a selection panel consistingof Port Engineering, Environmental and EO staff. Science Applications International Corp. (SAIC) wasselected to prepare the EIR/EIS/FS for the -50' dredging project and Parsons Engineering Science, Inc.("Parsons") finished a close second.

Given the impressive performance by Parsons in the interviews for the -50' dredging project and theinterdependencies between that project and the Berths Project, staff felt that Parsons was a logical choicefor the latter project. Parsons is a large, multi-national consultant firm specializing in engineering andenvironmental consulting whose Northern California regional headquarters is located in Oakland. In itsevaluation of Parsons, Port staff were particularly impressed by Parsons' project management skills andorganizational structure. These skills will be critical on the Berths Project, which will involve extensivecoordination and management of information with the -50 project team. Because the two projects are soclosely related, Port staff believes that tremendous efficiencies in consultant hiring and project completion canbe achieved by retaining Parsons to perform the Berths Project work. Therefore, Parsons was asked tosubmit a proposal to prepare the EIR/EA for the Berths Project. Their proposal included a team of 11 LBAfirms (including Parsons), with 93% of the work being performed by Local Impact Area (Oakland, Alameda,Emeryville) firms, 38% by MBE firms, and 18% by WBE firms. The proposed team make-up is as follows:

Approval to Prepare and Execute an Agreementwith Parsons Engineering Science, Inc. for thePreparation of Environmental Studies andEnvironmental Review for the Berths 55-58 ProjectAugust 5, 1997Page 2

Target %

55%Parsons LBA/LIA

Role

Prime Contractor

Archaeological/Historical Consultants LBA/LIANVBE Cultural Resources 2%

Dowling Associates LBA/LIA/MBE Traffic and Transportation 6%

ENTRIX LBA Biological Resources 5%

Geier & Geier Consulting LBA/LIA/MBENVBE Noise 2%

GEOTOPO, Inc. LBA/LIA/MBE

GIS, Reproduction 5%

H & H Ecoprises LBA/LIA/MBE/WBE Environmental Justice,Public Participation,Document Preparation

10%

SOMA Corporation LBA/LIA/MBE

Health Risk Assessment 3%

Theresa Hughes & Associates LBA/LIA/MBENVBE Socio-economics 4%

Uribe & Associates LBA/LIA/MBE Water Resources,Geology/Soils/Seismicity

6%

William Kanemoto LBA/LIA/MBE Visual Resources 2%

Port staff have met with the consultant to negotiate a scope of work and cost estimate to complete thestudy. The consultant has agreed to prepare the study at an agreed-upon billing and wage rate for a totalcost not to exceed $527,000. In addition to the maximum contract amount of $527,000, it is requestedthat the Executive Director be authorized to approve up to $123,000 of additional work. This work iscovered under CIP No. M6.00582.01. The Port's Office of Equal Opportunity concurs with the selectionof Parsons.

RECOMMENDATION:


1) determine that the consultant services described above are professional services; and,

2) authorize the preparation and execution of an Agreement with Parsons Engineering Science, Inc.in accordance with the provisions above.

SUBJECT: Approval to Dispense with Formal Bidsfor Dredging Berths 60-63

SUBMITTED BY: Joseph K. Wong


Date. August 5, 1997

Item No 27

PROGRAM AREA

F7 Airport Operations


PIC Maritime Operations

• Overall Operations


Agenda Sheet

FACTUAL BACKGROUND:

The deepening of Port Berths 60-63 is being done as a part of the contract through the Corps ofEngineers for the deepening of the channel to -42'. Problems with the Contractor (Dutra) on that jobhas delayed the deepening of these berths. The Port's tenant at this terminal has indicated a needfor these berths to be deepened before the end of this year. It is unclear at this time when Dutra willcommence with dredging these berths and the Port has no authority to direct Dutra to proceed withthis work within this timeframe.

The material to be dredged from these berths has been found suitable for disposal at the DeepOcean Disposal Site (DODS); with the exception of approximately 10,000 cubic yards which mustbe taken to the Galbraith disposal site. Part of the delay to the deepening of these berths has beenDutra's inability to remobilize unloading equipment for pumping dredge material to the Galbraith site.One option to pumping this 10,000 cubic yards is to dry it at the Port's Berth 10 facility and then truckit to Galbraith.

Manson Dredging is currently working for the Port in deepening several berths in the Outer Harbor;with disposal of much of that material at the DODS. This involves the same type of equipment whichwill be required to deepen Berths 60-63. The work Manson is currently doing for the Port is expectedto be completed in August 1997. Therefore, Port staff have asked Manson for an informal pricequote to deepen Berths 60-63; taking suitable material to the DODS and taking the remaining 10,000cubic yards to the Berth 10 facility (to be trucked to Galbraith at a later date by another Portcontractor). The work is estimated to cost no more than $350,000. If an equitable arrangementcannot be made with Dutra for them to complete this work in a timely fashion, it would be in thePort's best interest to hire Manson to do this work.

RECOMMENDATION:

It is recommended that it be found to be in the best interest of the Port to dispense with formalbidding procedures for this project. Also, it is recommended that the Chief Engineer be authorizedto execute a contract change order with Manson Dredging for this work.


ri MOTION

RESOLUTION

n ORDINANCE

ri INFORMATION ONLY



Agenda SheetSUBJECT: Personnel Items Date: August 5, 1997

- Appointment- Leave of Absence- Amendment of Appointment Date- Rescission of Appointment

SUBMITTED BY: ilbert C. ApodacaEXECUTIVE OFFICE RECOMMENDATION: Ch, . 1" - Foster

Item No. 31

PROGRAM AREA


I


I 1 Maritime OperationsOverall Operations

FACTUAL BACKGROUND:



Type of

EffectiveName

Title/Division Appointment

Date

Salary/wage

Anderson, Katrina Telephone Operator Civil Service 8/11/97 $2,775/month- Budgeted Vacant Position Building Services Department rate "c"

Corporate AdministrativeServices Division

LEAVE OF ABSENCE—Resolution (1 Reading)

Ms. Diane Heinze, Associate Port Environmental Scientist, requests that the Board to ratify her leave of absence, withoutpay, for maternity reason from July 18, 1997, through and including December 12, 1997 (148 calendar days, 106 workingdays).

AMENDMENT OF APPOINTMENT DATE—Resolution (1 Reading)

It is requested that the Board amend the appointment date of Kim Fogel, Senior Secretary, from July 21, 1997, toAugust 5, 1997.

RESCISSION OF APPOINTMENT—Resolution (1 Reading)

It is requested that the Board approve the rescission of the appointment of Nerissa Andrion who would have beenappointed to the position of Senior Secretary effective July 21, 11997.

MOTION BOARD1 A TION TAKEN97297 DATERESOLUTIONORDINANCEINFORMATION ONLY

I x

I I1 I

EMPLOYEES AS OF2/1/91

Full-Time Employees 612.00 FTE

AS OF AS OF AS OF8/6/96 7/15197 8/5/97

553.00 FTE 537.00 FTE 533.00 FTE

Part-Time Employees 2.13 FTE

Relief Telephone Operators

3.00 FTE 3.00 FTE 3.00 FTE

2.98 FTE 3.00 FTE 3.00 FTE

Relief Airport Custodians(PIT)Relief Airport Custodians(Intermittent, PIT)

11.00 FTE* 10.00 FTE

0.00 FTE

8.00 FTE 8.00 FTE

0.00 FTE: 0.00 FTE

TOTAL FTE 625.35 I- l b 568.98 FTE 551.00 FTE 547.00 FTE**

AGENDA SHEET, PERSONNEL ITEMS--AUGUST 5, 1997 Page 2



** Count decrease due to four separations.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointment, amendment ofappointment date, rescission of appointment, and ratify the leave of absence.

Board of Port CommissiL :s - PORT OF OAKLAND

Agenda SheetSUBJECT: Authorization to Execute MOU with

SEIU Local 790; and Proposed First Readingof a Salary Ordinance(s) Providing for theirImplementation

SUBMITTED BY: abed C. Apodaca

EXECUTIVE OFFICE RECOMMENDATION•

Date• August 4, 1997

Item No. 32

PROGRAM AREA

Airport Operations


Maritime Operations

Overall OperationsFACTUAL BACKGROUND:

On Monday, July 28, 1997, the membership of the Port of Oakland Chapter,Service Employees International Union, Local 790', voted to accept the terms ofa five year Memorandum of Understanding, effective July 1, 1997 through andincluding June 30, 2002.

The following is a summary of the major contract language changes:

Salary Increase: A five year wage package with all employees moving throughsalary rates from Rate A to Rate E with the following additional across the boardincreases: 4% effective July 15, 1997; 3.5% effective July 1, 1998; 3.5% effec-tive July 1, 1999; a minimum of 2.5% to a maximum of 5% COLA effective July1, 2000, and a minimum of 2.5% to a maximum of 5% COLA effective July 1,2001.

Contracting Out: The Port will notify the Union sixty (60) days in advance of itsintention to contract out work at newly acquired or constructed Port facilities ifthat work is performed by Port employees at existing facilities.

Welfare Reform: In the event the Port becomes involved in a Workfare Pro-gram, it will meet and confer with the Union.

Union Negotiating Team: The Port will only pay for eight (8) members of theUnion's negotiating team during negotiations in the year 2002.

It is recommended that the Board ratify and confirm the five year Memorandumof Understanding between the Port and SEW Local 790, effective July 1, 1997through and including June 30, 2002, offered by the Port's Meet and ConferCommittee and accepted by the membership of SEIU.

It is also recommended that the Board authorize the contract's execution by theExecutive Director. The appropriate resolution has been prepared for your ap-proval ratifying the Memorandum of Understanding and authorizing its execution.

It is also requested that at the meeting of the Board on September 2, 1997, theBoard give first reading to the Ordinances necessary to implement the provisionsof the Memorandum of Understanding.


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

APPROVIAD ktu.,AUG 4 1997


.//

4.4218".". SECRETARY OF THE BOAR

DATEO MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

BOARD ACTION TAKEN


Agenda SheetSUBJECT: Declaration of Port Revenue Fund Surplus for FY 96- Date: August 5, 1997

97; Recommendation to Transfer Surplus to General Item No. 33 Fund of City; and Approval to Reimburse the City forGeneral Services and Lake Merritt Trust Purposes PROGRAM AREA

SUBMITTED BY: Sonali Bose, Chief Financial Officer r





Overall Operations

FACTUAL BACKGROUND:

A review of the Port's year-end financial condition, cash position, and the future commitments andplans is required in order for the Board to consider making a determination that there is a surplus atthis time of $1,389,258 in the Port Revenue Fund. Such a surplus would be sufficient to reimbursethe City for General Services payments of $403,000 for fiscal year 96-97 and reimbursement for netCity expenditures of local funds for Lake Merritt trust purposes up to $986,258. The amounts forGeneral Services and Lake Merritt payments are estimated only and are subject to confirming data tobe provided by the City.

In order to determine if there is a surplus, the Board should consider whether the Port's anticipatedcash position at the end of FY 96-97, together with the cash flow forecasts and projected netincome for FY 97-98, will provide sufficient funds to support the Port's operating budget for FY 97-98, the Capital Improvement Program, and any other Port purposes stated in purposes First throughEighth of Section 717(3) of the Charter of the City of Oakland. These Port purposes includeensuring payment of Port bond debt service, additions to Port reserves for operating contingenciesand providing for equity investment in future capital projects.

Under purpose Ninth, Section 717(3), of the Charter, the surplus moneys determined by the Board toexist are to be transferred to the General Funds of the City. State law requires that the surplus,which consists of tideland trust funds, be transferred only for trust purposes, including valid trustdebts. The transfer of the $403,000 for General Services and $986,258 for Lake Merritt would bemade in accordance with the Eleventh and Twelfth Supplemental Agreements to the MOU.

This declaration does not include additional new payments to the City which was budgeted, for thefirst time, in fiscal year 1996-97. This payment is subject to formal written agreement approved byboth the City council and the Board of Port Commissioners.

RECOMMENDATION:

If the Board determines that there is a surplus in the amount of $1,389,258, or any other amount, inthe Port Revenue Fund which is not currently necessary for any of the purposes stated in clausesFirst through Eighth of Section 717(3) of the Charter, it is recommended that the Board pass aresolution to that effect and authorize the transfer of the surplus to the General Fund of the City aspayment for General Services and for reimbursement for the City's Lake Merritt trust purposeexpenditures in accordance with the Eleventh and Twelfth Supplemental Agreements to the MOU.

BOARD ACTION REQUIRED: .„2zr AUG 4 1997

DATE'BOARD ACTION TAKEN


q MOTION

RESOLUTION

q ORDINANCE

q INFORMATION ONLY

aJVLIS{.a I II L NOW/ all 11 1111■711 a Val I ../8 5.05111106.4°1111116.5

Agenda SheetSUBJECT: Approval of Memorandum of Understanding withthe City of Oakland for Special Services Payments for Fiscal YearEnding June 30, 1998

SUBMITTED BY: Sonali Bose, Chief Financial Office


Date: August 5. 1997

Item No. 34

PROGRAM AREA




Overall Operations

FACTUAL BACKGROUND:

The FY 1997-98 Operating Budget and Capital Award Budget were adopted by the Board of PortCommissioners on June 3, 1997. The Operating Budget for FY 97-98 includes $1,577,900 for SpecialServices Payments to the City of Oakland, which covers police services at the Airport and Jack LondonSquare, as well as other specified administrative services that the City provides to the Port.

In addition to the Port budgeting this payment in the operating budget, the City and Port must executean annual Memorandum of Understanding (MOU) covering these Special Services Payments. The Portincludes this operating expense in its budget each year and the City bills the Port for such services on aquarterly basis.

The estimated Special Services Payments to the City as provided in the adopted budget are detailed asfollows:

Service Cost

City Clerk $ 1,200Finance 78,300Personnel 172,400Airport Security 1,067,600Overweight Vehicles 128,400Jack London Square Security 130.000

Total for FY 97-98 11„572.900.

Dental Premiums Actual Billed

RECOMMENDATION:

It is recommended that the Board of Port Commissioners authorize the Executive Director to execute aMemorandum of Understanding with the City of Oakland for the FY 97-98 Special Services Paymentsfor an amount not to exceed $1,577,900 plus actual dental premiums incurred by the Port.

BOARD ACTION REQUIRED: 6-776/ AUG 4 1997

BOARD ACTION AKEN DATE

Assiss,ffirr SECRETARY OF THE BOARD

MOTION

y RESOLUTION

ORDINANCE

INFORMATION ONLY

Board of Port Commissioners PORT OF OAKLAND

Agenda SheetSUBJECT:

Authorization for Professional SearchConsultant for Position of Director ofCorporate Communications

SUBMITTED BY: ilbert C. podaca


• Date . August 5, 1997

Item No 35

PROGRAM AREA

Airport Operations


Maritime Operations

Overall OperationslxFACTUAL BACKGROUND:

Based on past discussions with the Board, the staff has solicitedproposals from executive search firms for assistance in filling theproposed position of Director of Corporate Communications. The searchfirms that were interviewed for this assignment were: BoydenInternational, San Francisco; Hawkins Company, Los Angeles;Montgomery West, San Francisco; and Ryals and Associates, Oakland.All of the search firms presented exceptional credentials during theinterview process. After review of the proposals, it is recommended thatthe Board authorize the preparation and execution of a contract 'withMontgomery West.

Montgomery West is a minority owned San Francisco basedcompany that specializes in the recruitment and placement of managersand other professionals. Montgomery West will search comparableindustries, corporations and institutions in search of potential candidates.

Montgomery West handles a variety of corporate relatedprofessionals and has experience in recruitment of professionals in thepublic sector.

The Office of Equal Opportunity has found this firm to beacceptable.

RECOMMENDATION:


1. Authorize the preparation and execution of a contractto Montgomery West to conduct the search for theDirector of Corporate Communications for a total notto exceed $30,000.00; and

2. Authorize the Executive Director to approveadditional work in an amount up to $5,000.00 ifneeded.

TrEr MtiCaAtTs;:maue

30ARD ACTION REQUIRED: ALIG 4 1997

SUMMARY AGENDA OF BOARD CALENDARAugust 4, 1997

AIRPORT

2S Approval of New Lease with Existing Tenant UnitedStates of America, Department of Transportation,Federal Aviation Administration (Grumman Streetnear Earhart Road, North Airport). (Resolution)

Recommends approval to renew their lease for spaceon the North Airport.

3S First Reading of Ordinance Approving Airport LandLease with United States of America, Department ofTransportation, Federal Aviation Administration(#1 Airport Drive, South Airport). (Ordinance)

Recommends approval of a new lease for avigationalaid location on the South Airport.

4S ' Approval of New License and Concession Agreementwith Existing Tenant The Hertz Corporation(Earhart Road between Wright and Cooke Streets,North Airport). (Resolution)

Recommends approval of a new agreement for spaceon the North Airport.

5S Approval of New License and Concession Agreementwith Existing Tenant Robert F. Brown (AmericanCanyon, Napa County). (Resolution)

Recommends approval of the agreement for the useof Port land in Napa County.

6S Award of Contract for Construction of AsphaltConcrete Overlay for Taxiways V and Y, SouthAirport, MOIA. (Resolution)


7S Award of Contract for Reroofing of Building L-820,North Airport, MOIA- (Resolution)



17S Approval of Plans and Specifications for theConstruction of Enhancements to Ferry Terminal,Jack London Square. (Resolution)

Recommends their approval and authority toadvertise for bids.

18S Approval of Plans and Specifications for theConstruction of Electrical Panel Enclosure, JackLondon Square. (Resolution)


Summary Agenda of Board CalendarAugust 4, 1997Page 2

19S Approval of Plans and Specifications for theConstruction of Estuary Park Improvements, InnerHarbor. (Resolution)


20S Approval of a Building Permit Application forJetro Cash & Carry Tenant Improvements, 105Embarcadero (Port Building No. G-203).(Resolution)

Recommends approval for the construction ofimprovements to their retail/warehouse facility.

MARITIME

24S Award of Contract for Demolition of Building C-128, Outer Harbor. (Resolution)


25S Ratification of Change Order for "Construction ofTemporary Access Road to Berth 24, 25 and 26,Outer Harbor Terminal. (Resolution)

Recommends approval of a change order to provideelectrical conduits to the road constructioncontract. Notes that the work was originallyincluded in a proposed contract for electricalimprovements.

26S Approval to Negotiate Change Order for "Demolitionof Slab and Foundations for Building D-733,Including Alternate B, Harbor TransportationCenter." (Resolution)

Recommends approval to negotiate a change order toprovide for paving of the site for use by a newtenant.

OPERATIONS

36S Renewal of Potomac Hull and Machinery andProtection and Indemnity Insurance. (Resolution)

Recommends approval to renew the hull insurancefor the yacht.


Recommends approval for the travel of CommissionerLoh to South Africa.

ORDINANCES:

Port Ordinance No. :3375 being, "AN ORDINANCERATIFYING THE ADDITION OF SECTION 1.3396 TO PORTORDINANCE NO. 867 FIXING THE COMPENSATION OFCERTAIN OFFICERS AND EMPLOYEES OF THE PORTDEPARTMENT."

Provides for ratifying the compensation of certainofficers and employees of the Port Department.



SUBMITTED BY: Christopher C. Marshal


Date: August 1997

Item No. 40

PROGRAM AREA

Airport Operations


Maritime Operations

Ove all Operations

Agenda Sheet

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.Subdivision (a) of Government Code Section 5495693. Names of Cases:

Port of Oakland v. United Public En-ployees Local 790, SF:1U (Grievance ofBenny Taylor - Discharge)

Oakland Citi.:ens for Site B, et al v. P ort of Oakland, et al, Alameda CountySuperior Court Case No. 777066-9.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:Four cases."

CONFERENCE WITH LABOR NEGOTIATOR. PORT OF OAKLAND ANDLOCAL 790, as prov.ded for under Government Cede Section 54957.6.


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

Type of EffectiveName Tine/Division Appointment Date SalaryNVage

Boyle, Raymond Acting Director of Maritime Exempt from 7/21/97 $8,991/month- Acting in Budgeted Maritime Division Civil Service within Salary

Vacant Position Grade 15

Rickert, Fred W. Acting Chief Financial Officer Exempt from 9/1/97 $7,877/month- Acting in Budgeted Finance Division Civil Service within Salary

Vacant Position Grade 15

Washington, Joyce B.- Acting in Budgeted

Vacant Position

Acting Director of CommercialReal Estate

Commercial Real EstateDivision

Exempt from 7/21197 $7,063/monthCivil Service within Salary

Grade 13

McClain, Reven Port Equipment Mechanic Civil Service 7/21/97 $3,750/month- Budgeted Vacant Position Central Facilities Dept. rate "a"- Promotion of Port Engineering Division

Employee

Andrion, Nerissa Senior Secretary Civil Service 7/21/97 $2,945/month- Budgeted Vacant Position Commercial Real Estate rate "a"

Division

Fogel, Kim Senior Secretary Civil Service 7/21/97 $2,945/month- Budgeted Vacant Position Environmental Department rate "a"- Promotion of City Engineering Division

Employee

Adajar, Wilfred Youth Aide, Class- College internship Central Facilities Department

Program Engineering Division- U. C. Davis

Exempt from 7/16/97 $8.94/hourCivil Service

13



fl MOTION

RESOLUTION

ORDINANCE

1 I INFORMATION ONLY


DUPLICATEOF

CALEV:, AR '""


SUBMII i tD BY: Gilbert C. Apodaca

EXECUTIVE OFFICE RECOMMENDATION: Charles - Fos


II I

Date: July 15, 1997

Item No. 31

PROGRAM AREA

FACTUAL BACKGROUND:




EMPLOYEES AS OF AS OF2/1/91 7/16/96

AS OF

AS OF7/1197

7/15/97

Full-Time Employees 612.00 FTE 551.00 FTE 540.00 FTE 537.00 FTE




11.00 FTE*

2.98 FTE

10.00 FTE

3.00 FTE

8.00 FTE

3.00 FTE

8.00 FTE


0.00 FTE 0.00 FTE 0.00 FTE

TOTAL FTE_ 625.35 I- I E 566.98 FTE 554.00 FTE 551.00 l- I e.

AGENDA SHEET, PERSONNEL ITEMS--JULY 15, 1997 Page 2

SALARY INCREASES—Ordinance (2 Readings)

It is requested that the Board ratify the addition of Section 1.3396 to Port Ordinance 8137 increasing the salaries foremployees represented by Western Council of Engineers (WCE) in accordance with the Memorandum of Understandingbetween WCE and the Port dated July 1, 1994. The Ordinance will increase the salaries for these employees by 2.5%effective June 28, 1997.

CURRENT EMPLOYEE COUNT FY 97-98 Budgeted FTE: 583.80 1-i I


** Count decrease due to three separations.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments and ratify the salaryincreases.

lx1

■._.,/SUBMITTED BY: Steven J. Grossman


Airport Operations


:BOARD ACTION REQUIRED:AUG 4 1937

0 MOTION;RESOLUTION

0 ORDINANCEINFORMATION ONLY


Agenda SheetSUBJECT: Approval of New Lease With Existing Tenant

United States of America, Department ofTransportation, Federal Aviation Administration(Grumman Street near Earhart Road, North Airport)


Item No. 2S

PROGRAM AREA

TACTUAL BACKGROUND:The following Lease is submitted for approval:

PROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLESSEE LOCATION RATE RATE DATE

United States Approx. 2.9247 acres of $0/yr. $0/yr• 7/1/97of America, land at Grumman StreetDepartment of near Earhart RoadTransportation,Federal AviationAdministration

• No rent due to Federal Grant Assurances obligations.


This project has been determined to be categorically exempt from requirements of the California Environmental Quality Act and the Port CEQAGuidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions or amendments to leases or license andconcession agreements where the premises or licensed activity was previously leased or licensed to the same or another person, and involvingnegligible or no expansion of use beyond that previously existing.

RECOMMENDATION:


a:WefieliNhritbevgb.bd

SUBMITTED BY: Steven J.


11X

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


q4lauz-- SECRETARY OF THE BOARD

Board of Port Commissio1uers - PORT OF OAKLAND

Agenda SheetSUBJECT: First Reading of Ordinance Approving Airport Land Lease with

United States of America, Department of Transportation,Federal Aviation Administration (#1 Airport Drive, South Airport)


Item No. 3S

PROGRAM AREA

I xl Airport Operations


II Maritime Operations

II

Overall Operations

FACTUAL BACKGROUND:

The following Airport Land Lease agreement is submitted for approval:

PROPERTY DESCR/ EXISTING PROPOSED TERMLESSEE

LOCATION RATE RATE DATE

"B" United States ofAmerica, Departmentof Transportation,Federal AviationAdministration

Approx. 1.41 acres*of land at the Southeastend of Runway 11-29

$0.00/yr** No Change 11/01/97***

100% of premises to be used for avigationel aid (Instrument Landing System Localizer- Runway 11)

" No monetary consideration may be charged under Federal Law.

*`• Lease automatically renews annually, but not beyond September 30, 2016.


---This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or license and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

I-RECOMMENDATION:

lit is recommended that the Board give first reading to an ordinance approving and authorizing execution of Airport Land',Lease with United States of America, Department of Transportation, Federal Aviation Administration as described above.

:GAWPS 1 WILESMO ARDIBOLTRFAA.JUL

SUBMITTED BY: Steven J.

I x j


Airport Operations


Maritime Operations

Overall Operations

1 1

I1

n MOTION

FC RESOLUTION

ORDINANCE

INFORMATION ONLY




With Existing Tenant The Hertz Corporation (EarhartRoad between Wright and Cooke Streets, North Airport)

Date: Au gust 5, 1997

Item No. 4S

PROGRAM AREA

FACTUAL BACKGROUND:


LICENSEEPROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLOCATION RATE RATE DATE

"B" The Hertz 83,831sf of fenced and *4,002.66/mo *13,950.53/mo• 12/1/96"Corporation lighted paved land adjacent N/A S .1172ps f - paved land

to Bldg. L-619 and 57,132sf $.07 + psf 5.0722+ psf - unimproved landof unimproved land adjacentto Bldg. L-719

* Rental increase reflects addition of paved land adjacent to Bldg. L-619."Delay due to late return of occupancy agreement by Licensee.

-The letter "B" indicates that the Agreement was not previously considered by the Board in establishing a target rate for negotiation.


RECOMMENDATION:


C:IVVP51 IFILES113 0 ARD ERT Z BD

SUBMITTED BY: Steven J. Gro sman



MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

III X I



with Existing Tenant Robert F. Brown(American Canyon, Napa County)


Item No. 5S

PROGRAM AREA

x I Airport Operations



Overall Operations

FACTUAL BACKGROUND:


LICENSEEPROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLOCATION RATE RATE DATE

"A" Robert F. Brown 461 acres or 20,081,160sf $1,056.00/yr 51,088.00/yr 06/01/97of land, American Canyon, $2.29/acre/yr $2.36/acre/yrNapa County

The letter "A" indicates that the Agreement provides for a rate in an amount equal to at least 90% of the Board'spreviously specified negotiating target rate for the property involved.

This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or license and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

RECOMMENDATION:

Ills recommended that the Board approve the above-listed agreement.

.cAwpEl lfileakbostdrrb.sog

LOCATION TOTAL BID PRICEBIDDERS

Gallagher & Burk, Inc. Oakland, CA $733,540.00

DeSilva Gates Construc ion LP Dublin, CA $765,670.00

Berkeley, CA $805,330.000.C. Jones & Sons

Bay Cities Paving & Grading, Inc. Concord, CA $891,025.00

Granite Construction Company Watsonville, CA $896,256.00

SUBCONTRACTORS LOCATION ETHNICITY MBE WBE LBAE DOLLAR AMOUNT OF(if MBE)

EACH SUBCON-TRACTOR'S BID TOPRIME CONTRACTOR

Oakland, CA Hispanic Yes No Yes $108,020.00Diaz Corp.

'Williams Trucking Oakland, CA African American Yes No Yes $16,900.00

Hayward, CA No No Yes $332,350.00'St. Francis Electric

SECRETARY OF THE BOARDitSFairA N T

Board of Port Commis:. ,iers PORT OF OAKLAND

Agenda SheetSUBJECT: Award of Contract for Construction of Asphalt

Concrete Overlay for Taxiways V and Y,South Field, MOIA


EXECUTIVE OFFICE RECOMMEND TION:

Date: August 5, 1997 6S Item No

PROGRAM AREA

I x Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

Five bids were received and opened on July 16, 1997, for CONSTRUCTION OF ASPHALT CONCRETE OVERLAY FOR TAXIWAYSV AND Y, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA. The following bidswere received.

,A copy of the bid canvass is on file. The engineer's estimate for the Total Bid Price is $735,000.

CGallagher & Burk, Inc. listed two subcontractors with their bid, one of which is a Minority Business Enterprise (MBE) performing 14.7%',Jot' the work. In addition, Gallagher & Burk, Inc. listed a trucking firm which is a MBE performing 2.3% of the work for a total MBE-participation of 17.0%. All firms performing work, including Gallagher & Burk, Inc., are Local Business Area Enterprises (LBAE). TheID.ort's Office of Equal Opportunity has reviewed Gallagher & Burk, Inc.'s "good faith efforts" to secure MBE subcontractors and hasdetermined that they have met the "good faith efforts" requirements. Accordingly, it is recommended that Gallagher & Burk, Inc. beconsidered to be a responsible bidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs in this:recommendation.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. A2.00641.01. The funding source is Port cash.

RECOMMENDATION:

It is recommended that Gallagher & Burk, Inc. be found to be a responsible bidder, that the contract for the above project be awardedto Gallagher & Burk, Inc. for the amount of its low bid, that the other bids be rejected, and the bid securities be returned to the respectivebidders.

AUG 4 1997


[ MOTION

[X RESOLUTION

[ ORDINANCE

INFORMATION ONLY

A\,.-rd of Contract forConstruction of Asphalt Concrete Overlayfor Taxiways V and Y, South Field, MOJA

Pioneer Roofing Organization San Francisco, CA $313,000.00

JG Roofing Oakland, CA $352,000.00

Exterior By Design, Inc.dba California Commercial Roofing Systems

Tulare, CA ** $352,136.00

Roofing Constructors, Inc.dba Western Roofing Service

San Francisco, CA $378,225.00

Industrial Roofing Companydba MT Tam Roofing

Point Richmond, CA $393,000.00

Alcal Roofing and Insulation San Ramon, CA $396,970.00

A.R.C.Roof Co p Oakland, CA $530,000.00

JG Roofing did not submit the 10% bid security in accordance with Rules for Bidding

** Bid corrected in accordance with Rules for Bidding.

BIDDERS


DATE


Agenda SheetSUBJECT: Award of Contract for

Reroofing of Building L-820,North Field, MOIA

SUBMITTED BY: Joseph K. Wong 34-----)L----6---

EXECUTIVE OFFICE RECOMMENDATIONe.%7

Date• August 5, 1997 Item No. 7S PROGRAM AREA




Overall Operations

FACTUAL BACKGROUND:

Seven bids were received and opened on July 16, 1997 for REROOFING OF BUILDING L-820,NORTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND,CALIFORNIA. The following bids were received:

A copy of the bid canvass is on file. The engineer's estimate for the total bid price is $360,000.

After the bids were opened, the Port received a copy of an April 22, 1997 letter from Roofers LocalUnion 81 to the Oakland Unified School District, requesting the District to declare Pioneer RoofingOrganization (Pioneer) as an unqualified bidder due to prior prevailing wage violations on pastcontracts. Pioneer disputes that assertion and has provided to the Port a written affidavit whichstates that Pioneer will pay prevailing wages and comply with the requirements of the specificationsfor this work.

Pioneer listed itself as a Minority Business Enterprise (MBE) performing a total of 72.8% of the work.In addition, Pioneer- also listed one subcontractor and one supplier with their bid, both of which areLocal Business Area Enterprises (LBAE) performing a total of 27.2% of the work. Accordingly, it isrecommended that Pioneer be considered to be a responsible bidder for the purposes of thiscontract. The Port's Office of Equal Opportunity concurs in this recommendation.


in MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

AUG 4 1997

Service First Envi.

Cameron Ashley Oakland, CA_

LOCATION

—Hayward, CA

AMOUNT OF EACHWBE LBAE SUBCONTRACTOR'S

BID . TO PRIMECONTRACTOR

$55,260.00

$30,000.00

Award of Contract for Reroofing of Building L-820,North Field, MOIAAugust 5, 1997Page 2

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. A1.00239.26.The funding source is Port bonds. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Pioneer Roofing Organization be found to be a responsible bidder, that thecontract for the above project be awarded to Pioneer Roofing Organization for the amount of its lowbid, that the other bids be rejected, and the bid securities be returned to the respective bidders.

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SUBJECT: Approval of Plans and SpecificationsFor the Construction of Enhancements toFerry Terminal, Jack London Square



Date: August 5, 1997Item No. 17S

PROGRAM AREA

Ei Airport Operations





issorrma SECRETARY OF THE BOARD

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda Sheet

FACTUAL BACKGROUND:

Plans and specifications have been prepared for the CONSTRUCTION OF ENHANCEMENTS TO FERRYTERMINAL, JACK LONDON SQUARE, OAKLAND, CALIFORNIA, and are hereby submitted for approvaland authorization to advertise for bids.

The work consists of construction of new street lighting and banner poles on Clay Street sourtherly ofEmbarcadero, a ship mast at the foot of Clay Street, a promenade from Water Street to the Ferry pier, asheltered waiting pavilion at the entrance to the pier, a security gate at the end of the pier and ferryinformational signage.

The Board previously approved this work as a project together with the construction of permanent berthingfacilities for the former USS Potomac and Lightship Relief. Bids were received for this work; however, due tovarious issues the bids were intentionally allowed to expire. Since the berthing facilities project has beendelayed further due to the planned reconstruction of the FDR Pier, the currently proposed plans andspecifications include only the Ferry Terminal enhancements.

The Ferry Terminal enhancement project has been evaluated in accordance with the Port's guidelines forimplementation of the California Environmental Quality Act (CEQA) and the work is Categorically Exemptunder Port CEQA Guidelines Section 15311 (f), minor shoreline improvements for public access, andSections 15301 and 15303, minor alterations to existing facilities and new small facilities or structures.

The capital budget for fiscal year 1998 provides for this work under CIP Item No. P1.00366.02. This projectis funded by Proposition 116 funds and Port cash.

RECOMMENDATION;

t is recommended that the plans and specifications be approved and authorization be given to advertise for)ids to be received on September 10, 1997.

A

3OARD ACTION REQUIRED:A U G 4 1997

Approval of Pions and Specificationsfor Construction of Enhancements to Ferry Terminal,Jock London Square

August 5, 1997

El

v■:t

PORI 0 = 0A,<LANDFILE FAATLASNAREAHAPS \ -AREA

INNER HARBORAREA F

DATESCALE

PROJECTLOCATION

I33aIS NO ONINS

In


Agenda SheetSUBJECT: Approval of Plans and Specifications

For the Construction of Electrical PanelEnclosure, Jack London Square


Item No. 1 8S

PROGRAM AREA



SUBMITTED BY: Joseph K. Wong El Maritime Operations



FACTUAL BACKGROUND:

Plans and specifications have been prepared for the CONSTRUCTION OF ELECTRICAL PANEL ENCLOSURE,JACK LONDON SQUARE, and are hereby submitted for approval arid authorization to advertise for bids.

The work consists of construction of a six-sided enclosure with stucco walls, doors incorporating removable displaypanels and a fabric awning roof to hide the panel and enhance the aesthetics of the plaza in front of the WaterfrontPlaza Hotel porte cochere at the foot of Washington Street.

The Project is categorically exempt under Class 1(a) which applies to minor alteration to existing structures,Including (a) interior or exterior alterations involving such things as interior partitions, plumbing, and electricalamveyances, and under Class 3(e) which applies to the construction of small, new facilities and structures,including(o) accessory structures.

The capital budget for fiscal year 1998 provides for this work under CIP Item No. PM.00733.01. This project will befunded by Port cash.

lECOMMENDATION:

t is recommended that the plans and specifications be approved and authorization be given to advertise for bids to beeceived on September 10, 1997.

Imisurittramo 30ARD ACTION REQUIRED: ats1

AUG 4 1997

D 'MOTION BOARD ACTION TAKEN DATE

RESOLUTION

ORDINANCE

INFORMATION ONLY A5sitinveir SECRETARY OF THE BOARD

PORT 0 7 OAKLANDFILE FAATLAS AREAMAPS \ I' -AREA

INNER HARBORAREA F DATE

SCALE

ULU'— PROJECT LOCATION

Li

NOIDNIHSV

r

t

Li Ii

Approval of Plans and Specificationsfor Construction of Electrical Panel Enclosure,Jack London Square

August 5, 1997

SUBJECT: Approval of Plans and SpecificationsFor the Construction of Estuary ParkImprovements, Inner Harbor


Item No. 19S

PROGRAM AREA


,MOTION BOARD AC ION TAKEN DATE

.)D RESOLUTION

ORDINANCE

INFORMATION ONLY SECRETARY OF THE BOARDAern,rgsar


Agenda Sheet


SUBMITTED BY: Joseph K. Wong 013-1-iv-V-4--.)LricEXECUTIVE OFFICE RECOMMENDATION:


Ei Overall Operations

FACTUAL BACKGROUND:

Plans and specifications have been prepared for the CONSTRUCTION OF ESTUARY PARK IMPROVEMENTS,INNER HARBOR, and are hereby submitted for approval and authorization to advertise for bids.

The work consists of construction of a public access pathway; installation of picnic tables, benches, trashreceptacles, irrigation system and sod; relocation of five existing palm trees and construction of concrete footings fortwo sculptures.

The Estuary Park improvements were previously before the Board on July 16, 1996 when approval was granted todispense with formal bids. The Board was informed then that the San Francisco Bay Conservation and DevelopmentCommission (BCDC) had approved this work to replace certain improvements deleted from the earlier public accessproject between Alice Street and the KTVU studios. That access project was one of the Permit Conditions for theexpansion of Howard Terminal. The subsequent deletions were made at the request of the Lincoln Propertiesdevelopers and the Port.

This project has been determined to be categorically exempt [Section 15301(d) - rehabilitation of existing facilities;Section 15304(b) - minor alterations to land; and Section 15311(d) - minor shoreline improvements to public accessfacilities] from the requirements of the California Environmental Quality Act, pursuant to the Port's CEQA Guidelines.

The capital budget for fiscal year 1998 provides for this work under CIP Item No. M4.00372.08. This project will befunded by Port cash.

RECOMMENDATION:

t is recommended that the plans and specifications be approved and authorization be given to advertise forD ids to be received on September 10, 1997.

.0? POT vamittiswag.po30ARD ACTION REQUIRED:

AUG 4 7997

PORT OF OAKLAND INNER HARBOR

AREA G DATE

Approval of Plans and Specificationsfor Construction of Estuary Pork ImprovementsInner Harbor

August 5, 1997

DATE

LI

q MOTION

RESOLUTION

q ORDINANCE

O INFORMATION ONLY

BOARD ACTION TAKEN

AvosmrSECRETARY OF THE BOARD


SUBJECT: Approval of a Building Permit Application forJetro Cash & Carry Tenant Improvements,105 Embarcadero (Port Bldg No. G-203)

SUBMITTED BY: Joseph K. Wong C:ps-..ess-lc.-.-Der-d-EXECUTIVE OFFICE RECOMMENDATION:

Date: August 5 1997

Item No. InsPROGRAM AREA



Maritime Operations


.FACTUAL BACKGROUND:

Jetro Cash and Carry has submitted a permit application to make improvements to their leasedspace at 105 Embarcadero. Jetro is the new sub-tenant of the lessee, Hillel Narin and NormanNarin. This will be a wholesale warehouse business similar to the previous tenant, and willoccupy the entire building.


■ Removal of all interior partition walls, equipment, and fixtures;

■ Construction of new walls to enclose a portion of the west loading dock and create newopenings in the existing exterior wall to connect the new space to the interior;

■ Construction of new interior partition walls and ceilings to enclose new restrooms, lockerrooms, and offices;

■ Installation of new fixtures and finishes for restrooms and offices;

■ Installation of new AC paving in the south side parking lot;

■ Installation of new refrigeration equipment inside the building;

■ Installation of new shelving; and,

■ Alteration and replacement of mechanical, electrical, and plumbing systems; and,

■ Installation of a new awning over the south entrance/exit.

The work is Categorically Exempt under the California Environmental Quality Act (CEQA) and thePort's CEQA Guidelines.

The estimated value of the work is $2,000,000.

RECOMMENDATION:


APPRIMCD Int TFEWEArr.v.or'

BOARD ACTION REQUIRED:Pn' (7" AUG 4 1.997

I I


SUBMI I I tD BY: Joseph K. WongEXECUTIVE OFFICE RECOMMENDATION: a

$117,790.00

$161,070.00

Evans Brothers Inc. Livermore, CA

Ferma Corporation

Mountain View, CA

BIDDERS LOCATION'

ICONCO, Inc. Oakland, CA

Amen Environmental Construction, Inc. Oakland, CA

Covey Trucking Co. San Mateo, CA

TOTAL BID PRICE

$72,945.00

$91,500.00

$94,990.00

DOLLAR AMT. OF EACHETHNICITY SUBCONTRACTOR'S BID

SUBCONTRACTOR LOCATION (IF MBE) MBE WBE LBAE TO PRIME

Oakland, CA African- Yes No Yes $8,500.00American

Marshall Trucking

Oakland, CA African- Yes No Yes $14,400.00American

A. C. Paving

Sterling Environmental Oakland, CA No No Yes $10,000.00

n MOTIONRESOLUTION

n ORDINANCEINFORMATION ONLY

130AR e' ON TAKEN DATE

1 .4fiedi



c=-77)449

Agenda Sheet

SUBJECT: Award of Contract for Demolition Date- _August 5, 1q97of Building C-128, Outer Harbor

Item No 24S

PROGRAM AREA

FACTUAL BACKGROUND:

Five bids were received and opened on July 16, 1997, for DEMOLITION OF BUILDING C-128, OUTER HARBOR,OAKLAND, CALIFORNIA. The following bids were received:

A copy of the bid canvass is on file. The engineer's estimate for the Total Bid . Price is $75,000.00.

ICONCO, Inc., listed three subcontractors with their bid, all of which are local business area enterprise (LBAE)contractors performing 45.1% of the work and two of which are minority business enterprise (MBE) contractorsperforming a total of 31.4% of the work. Accordingly, it is recommended that ICONCO, Inc. be considered to be aresponsible bidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs in thisrecommendation.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. M1.00492.08. The fundingsource is Port bonds. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that ICONCO. Inc., be found to be a responsible bidder, that the contract for the above projectbe awarded to ICONCO. Inc., for the amount of its low bid, that the other bids be rejected, and the bid securitiesbe returned to the respective bidders.

APPRovetip mscifleatradroAUG 4 7997BOARD ACTION REQUIRED:

OUTER HARBORAREA C-1 DATE 7/l1/9A

SCALE 11.-.LADD4111101111110111•1

FILE VAATLAS AREAMAPS \ CI-AREA

Award of Contract forDemolition of Building C-128,Outer Harbor

SUBJECT: Ratification of Change Order for"Construction of Temporary AccessRoad to Berths 24, 25, and 26,Outer Harbor Terminal"

Date' Atiguist 5, 1997

Item No. 25S

PROGRAM AREA

I 1I IX


SUBMITTED BY: Joseph K. Wong C:32.5.-*/51\41-1---)cr---rEXECUTIVE OFFICE RECOMMENDATION:

I Iri MOTIONI X RESOLUTION

ORDINANCEINFORMATION ONLY

BOARD TION TAKEN DATE


Agenda Sheet

FACTUAL BACKGROUND:

The contract with Bay Cities Paving and Grading. Inc. for the CONSTRUCTION OFTEMPORARY ACCESS ROAD TO BERTHS 24, 25 AND 26, OUTER HARBORTERMINAL, OAKLAND, CALIFORNIA, became effective on March 10, 1997. Thecontract was based on lump sum and unit prices fora total bid price of $641,897.80.The work consists of excavating, paving, striping, fencing, and street and yard lightingto construct a temporary access road to Berths 24, 25, and 26 and to incorporate somepaved open area into the adjacent container yard.

Currently, the Port is in the bidding process for the "Construction of 115/12 KVSubstation and 12 KV Distribution System - Phase III," which was to include theinstallation of 600 feet of high voltage conduits and 4 pull boxes in an alignment whichcrosses the new access road and the newly incorporated yard area. Originally, it wasanticipated that the projects would be concurrent; however, this did not occur. In orderto minimize disruption to the tenants using the road and yard area and to minimizecosts, the Engineering Design and Maritime Departments decided to have the conduitsand pull boxes installed under this contract before the new road was paved and theyard occupied.

The work was commenced under force account to meet the project schedule and wascompleted as a negotiated item at a final cost of $53,770.50

RECOMMENDATION:

It is recommended that the Board ratify the change order in the amount of $53,770.50to Bay Cities Paving and Grading. Inc. for excavating and installing conduit and pullboxes.

BOARD ACTION REQUIRED:7AFPRO VT V38

Re- --7 .._ AUG 4 1997

AUG 4 1997

BOARD 7(10N TAKEN DATE

41'1"61"t" SECRETARY OF THE BOARD

Board of Port Commissioners • PORT OF OAKLAND

Agenda Sheetcz,.77)09-

SUBJECT: Approval to Negotiate Change Order for"Demolition of Slab and Foundations forBuilding D-733, Including Alternate B,Harbor Transportation Center"

SUBMITTED BY: Joseph K. Wong (31>&-,z5n^-V----)0- eyEXECUTIVE OFFICE RECOMMENDATION:

Date: _Anguct q , 1997

Item No 26S

PROGRAM AREA

H Airport Operations

1I Commercial Real Estate

1 xl Maritime Operations

1 1 Overall Operations

FACTUAL BACKGROUND:

The contract with Evans Brothers, Inc. for DEMOLITION OF SLAB ANDFOUNDATIONS FOR BUILDING D-733, INCLUDING ALTERNATE B, HARBORTRANSPORTATION CENTER, OAKLAND CALIFORNIA, became effective on April9, 1997. The contract was based on lump sum and unit price items for a total bid of$313,699.00. The work consists, in general, of demolishing the dock high building slaband foundations, capping utilities, installing Port-furnished fill, and installing crushedconcrete as the wearing surface.

The site was designed to furnish a temporary rocked yard for storage of trucks, chassis,and containers. The proposed tenant use has changed and the Maritime Division hasrequested that the site be paved with asphalt concrete to accommodate the needs ofthe tenant. The work needs to be accomplished immediately so that the new tenantcan move into the site. In order to meet the schedule, it is desired to accomplish thework by a change-in-scope change order to the existing contract.

The contractor has been requested to obtain a minimum of three quotes for the pavingwork from local paving contractors. It is estimated that the work will cost less than$120,000.

RECOMMENDATION:

It is recommended that the Chief Engineer be authorized to negotiate a change orderwith Evans Brothers, Inc. to pave the area formerly occupied by Building D-733.

..Leni40.01414,riv



HHfl

I II JPROGRAM AREA

Airport OperationsCommercial Real Estate

FI Maritime Operations

rid Overall OperationsSUBMITTED BY: SONALI BOSE 4J/VV' --EXECUTIVE OFFICE RECOMMENDATION:

DATE

BOARD ACTION REQUIRED:479FrBovw-13y, mactLetztoso

111411' AUG 4 1997

n MOTIONal RESOLUTIONn ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: RENEWAL OF POTOMAC HULL AND MACHINERY Date: August 5,7997

AND PROTECTION AND INDEMNITY INSURANCEItem No. 36S

FACTUAL BACKGROUND:

The agreement between the Port of Oakland and the Association for the PresidentialYacht Potomac dated September 27, 1983 requires the Port to provide Hull andMachinery and Protection and Indemnity insurance on the vessel, USS Potomac.This insurance will expire on September 1, 1997.

We have received three quotations. The best pricing continues to be from theincumbent Commercial Union at a 4.5% lower premium than last year even thoughthere has been an increase in tours and cruises.

Hull and MachineryProtection and IndemnityDockside General LiabilityDeductibles (Hull/Liability)Annual Premium

$ 6,000,000$ 1,000,000$ 1,000,000

$ 125,000/$100,000$ 51,350

A separate policy is maintained for pollution liability for $1,484.27 per year.

Funds have been budgeted for Fiscal Year 97-98 under Risk Management,Non-Departmental, Other Insurance.

RECOMMENDATION:

It is recommended that the Board authorize the renewal of the Potomac's Hull andLiability Policy and Pollution Policy for a premium of $52,834.27 subject to the PortAttorney's review for form and legality.

BOARD AC ION TAKEN

gisk.VBV`JOD *It

AUG 4 7997 DATE

IDARD ACTION REQUIRED:

MOTION

I RESOLUTION

1 ORDINANCE

1 INFORMATION ONLY


Agenda SheetSUBJECT: TRAVEL AUTHORIZATION Date•

August 5, 1997

Item No 37S

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

SUBMITTED BY: Christopher C. MarshallC217EXECUTIVE OFFICE RECOMMENDATION:


As provided for in the Port Administrative Manual, it isrecommended that the Board ratify the travel of Commissioner John Loh,to South Africa on or about the period August 1, 1997 to August 10,1997, to participate an the Mayor of Oakland's International Trade Missionto Africa.

RECOMMENDATION:


■.■

BOARD OF PORT .OMMISSIONERSOF THE





COMMISSIONERS







Tuesday, July 15, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of June 1, 1997.


See Item 40



Regular MeetingJuly 15, 1997


6 Items.



AIRPORT

1 Certification of Initial Study/Mitigated NegativeDeclaration and Approval of Plans andSpecifications for Demolition of Buildings L-727and L-729, North Airport, MOIA. (Resolution)

2 Certification of Initial Study/Mitigated NegativeDeclaration and Approval of Plans andSpecifications for Demolition of Buildings L-870,L-870A and L-874, North Airport, MOIA.(Resolution)

3S Approval of New License and Concession Agreementwith Existing Tenant Hilltop Aviation Services,Inc. (#1 Airport Drive, South Airport).(Resolution)

4S Approval of Agreement to Extend Right-of-Entry andIndemnity Agreement with GTE Mobilnet ofCalifornia (#1 Airport Drive, South Airport).(Resolution)

5S Approval of License and Concession Agreement withCorse-Air International Airlines, S.A. (#1 AirportDrive, South Airport). (Resolution)


11 Recommended Approval of Fiscal Year 1997-1998Annual Target Rental Rates for License andConcession Agreements. (Resolution)

12 Management Amendment Modifications with PansiniOakland Associates. (Resolution)

13 Port Consent to Amend the Coliseum RedevelopmentProject Area Boundary of the ColiseumRedevelopment Plan. (Motion)

14 Request Resolution Authorizing Negotiation withMichael Kuhn for a Two Year Option to PurchaseVacant Land Located at Edgewater Drive and PardeeLane for Baxter Healthcare Corporation Expansion.(Resolution)

15 Port Participation in Hegenberger Gateway Study.(Resolution)

2


16S Award of Contract for Replacement of Fuel StorageTank EF-04 at Fire Station W2, 100 Jack LondonSquare. (Resolution)

MARITIME

21S This number not used.

22S Award of Contract for Demolition of Building D-243, Harbor Transportation Center. (Resolution)

OPERATIONS

31 Personnel Items: Appointments; and Creation ofAdditional Position. (Resolution and Ordinance)

32 Contract with ARC Limited to Update PortAdministrative Policies and Procedures.(Resolution)

CLOSED SESSION



Nextel Communications, installation of antennas,wiring and equipment to improve cell phonereception within the Airport terminals.

Cost Plus, installation of a vehicle accesscontrol system at the entrance and exit to theparking lot from Clay Street.

Murasaki, installation of two identification signsfor the new retail tenant.

Vote on the following Resolutions:Ayes: Commissioners Cole, Harris, Kramer, Lockhart, Loh,


RESOLUTIONS:

97212 1 CERTIFYING CONSIDERATION OF INITIAL STUDY ANDMITIGATED NEGATIVE DECLARATION FOR DEMOLITION OFBUILDINGS L-727 AND L-729, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FINDING NO SUBSTANTIALEVIDENCE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT;APPROVING THE MITIGATED NEGATIVE DECLARATION;APPROVING PLANS AND SPECIFICATIONS FOR SAIDPROJECT; AND CALLING FOR BIDS THEREFOR,.(Airport - 1)

97213 2 CERTIFYING CONSIDERATION OF INITIAL STUDY ANDMITIGATED NEGATIVE DECLARATION FOR DEMOLITION OFBUILDINGS L-870, L-870A AND L-874, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FINDING NO SUBSTANTIALEVIDENCE OF SIGNIFICANT EFFECT ON THE ENVIRONMENT;APPROVING THE MITIGATED NEGATIVE DECLARATION;APPROVING PLANS AND SPECIFICATIONS FOR SAIDPROJECT; AND CALLING FOR BIDS THEREFOR.(Airport - 2)

3


97214 3 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH HILLTOPAVIATION SERVICES, INC. (Airport - 3S)

97215 4 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO EXTEND RIGHT-OF-ENTRY AND INDEMNITYAGREEMENT WITH GTE MOBILNET OF CALIFORNIA.(Airport - 4S)

97216 5 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH CORSE-AIRINTERNATIONAL AIRLINES, S.A. (CORSAIR).(Airport - 5S)

97217 6 INSTRUCTING PORT STAFF REGARDING RENTAL RATES ANDTERMS TO BE NEGOTIATED WITH EXISTING ORPROSPECTIVE LICENSEES OF CERTAIN COMMERCIAL REALESTATE PROPERTIES. (Commercial Real Estate - 11)

97218 7 AUTHORIZING A FIRST AMENDMENT TO THE PARKINGAGREEMENT WITH PANSINI OAKLAND ASSOCIATES.(Commercial Real Estate - 12)

97219 8 AUTHORIZING NEGOTIATION FOR AN OPTION TO SELLVACANT LAND LOCATED AT EDGEWATER DRIVE AND PARDEELANE IN THE OAKLAND AIRPORT BUSINESS PARK TOMICHAEL KUHN FOR EXPANSION OF BAXTER HEALTHCARECORPORATION'S FACILITY.(Commercial Real Estate - 14)

97220 9 APPROVING PORT PARTICIPATION WITH CITY INHEGENBERGER GATEWAY STUDY AND AUTHORIZING COST-SHARING AGREEMENT WITH CITY FOR THE STUDY.(Commercial Real Estate - 15)

97221 10 AWARDING CONTRACT TO TANK PROJECT ENGINEERING OFNORTHERN CALIFORNIA, INC., FOR REPLACEMENT OF FUELSTORAGE TANK EF-04 AT FIRE STATION #2, 100 JACKLONDON SQUARE, OAKLAND, CALIFORNIA, FIXING THEAMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Commercial Real Estate - 16S)

97222 11 AWARDING CONTRACT TO PACIFIC WESTERN AIRMOTIVE,INC., DBA COVEY TRUCKING CO., FOR DEMOLITION OFBUILDING D-243, HARBOR TRANSPORTATION CENTER,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS. (Maritime - 22S)


97224 13 ASSIGNING CERTAIN EMPLOYEES ACTING POWERS ANDDUTIES. (Operations - 31).

97225 14 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH ALANA ROSS COLEMAN DBA ARC LIMITED TO UPDATEPORT ADMINISTRATIVE POLICIES AND PROCEDURES MANUALCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Operations - 32)

4


97226 15 COMPROMISING AND SETTLING CLAIM OF SAMUEL WALTONAND AUTHORIZING EXECUTION OF SETTLEMENT AGREEMENT.(Closed Session - 40)

97227 16 GRANTING NEXTEL COMMUNICATIONS, PERMISSION TOPERFORM CERTAIN WORK. (Blanket Authority)

97228 17 GRANTING COST PLUS, INC., PERMISSION TO PERFORMCERTAIN WORK. (Blanket Authority)

97229 18 GRANTING OAKLAND PORTSIDE ASSOCIATES, PERMISSIONTO PERFORM CERTAIN WORK. (Blanket Authority)

Vote on the following Ordinances:Ayes: Commissioners Cole, Harris, Kramer, Lockhart, Loh,


ORDINANCES:

1 Port Ordinance No. 3373 being, "AN ORDINANCEAMENDING SECTION 9 OF PORT ORDINANCE 3.149 RELATINGTO CHARGES FOR USE OF FACILITIES AT METROPOLITANOAKLAND INTERNATIONAL AIRPORT."

Final.

2 Port Ordinance No. 3374 being, "AN ORDINANCEAMENDING SECTION 10.07 OF PORT ORDINANCE NO. 867AMENDING SALARY SCHEDULE ASSIGNMENT FORCLASSIFICATION OF AIRPORT OPERATIONS SPECIALISTAIRSIDE/LANDSIDE."

Final.

3 Port Ordinance No. being, "AN ORDINANCERATIFYING THE ADDITION OF SECTION 1.3396 TO PORTORDINANCE NO. 867 FIXING THE COMPENSATION OFCERTAIN OFFICERS AND EMPLOYEES OF THE PORTDEPARTMENT."


APPEARANCES:

ADJOURNMENT: Next adjourned regular meeting, Tuesday, July 22,1997 at 3:00 p.m.

5

SUBMITTED BY: Joseph K. WongaNnl..,t5rxx.A-Jer---8-EXECUTIVE OFFICE RECOMMENDATION•

BOARD ACTION REQUIRED:KO, JUL 1 5 199


El ORDINANCE

El INFORMATION ONLY

RESOLUTION



Agenda SheetSUBJECT: Certification of Initial Study/Mitigated

Negative Declaration and Approval of Plans andSpecifications for Demolition of BuildingsL-727 and L-729, North Field, MOIA

Date: July 15, 1997

Item No. 1

PROGRAM AREA

Airport Operations




FACTUAL BACKGROUND:

Plans and Specifications have been prepared for the DEMOLITION OF BUILDINGS L-727 AND L-729, NORTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, and are hereby submitted for approval and authorization to advertise forbids.

The Port proposes to demolish buildings L-727, L-729, L-870, L-870A, and L-874 at the North Field of the MOIA. These buildings areapproximately 40-55 years old, unoccupied, and significantly deteriorated. The buildings contain hazardous materials such as asbestos andlead paint, and attract transients and wild animals seeking shelter. The Port wishes to eliminate these unsafe structures from the North Fieldand reduce its overhead costs. Buildings L-870, L-870A, and L-874 are covered by a separate Board Letter.

Port staff has completed its environmental review of the proposed project under the California Environmental Quality Act (CEQA) and thePort's CEQA Guidelines. The work was subject to an Initial Study (IS). The Port's Environmental Planning Department recommendsapproval of a Mitigated Negative Declaration. The document has been circulated, and a copy has been provided to the Board under separatecover. Mitigation measures include: handling and disposal of hazardous materials to comply with regulations; and compliance with BestManagement Practices (BMPs) to reduce noise and air quality impacts during construction.

Comments were received from 4 entities: City oi Alameda, City of Oakland Cultural Heritage Survey, East Bay Municipal Utility District, andthe City of Oakland Fire Department. The comments are outlined below:

City of Alameda-

1. The Federal Aviation Administration (FAA) must approve the Airport Layout Plan revisions before the project is implemented2. The project is a part of, and has been improperly segmented from the Airport Development Program3. The project's cumulative impacts are not adequately analyzed4. The project does not address the potential impacts of the transportation and, disposal of hazardous material.

City of Oakland Cultural Heritage Survey

1. Some parts of the Airport's North Field may still have National Register potential; the rest is an Area of Secondary Importance (ASI).2. The 1980 landmark designation does not necessarily preclude historic significance of structures at the North Field.3. Cumulative demolitions would have adverse impacts on historic resources.

East Bay Municipal Utility District:

No comments on the project, but the District would like to review environmental documentation for the rental car facility component of theAirport Development Program.

City of Oakland Fire Department:

No comments on the project, but change of address notice for the Fire Chief.

The Port's responses, sent to the City of Alameda and the City of Oakland Cultural Heritage Survey, (copies of which have been provided tothe Board) are summarized as follows:

Certification of Initial Study/MitigatedNegative Declaration and Approval of Plans andSpecifications for Demolition of BuildingsL-727 and L-729, North Field, MOIAJuly 15, 1997Page 2

City of Alameda:

1. The Port has complied with the legal requirements regarding the Airport Layout Plan.2. The IS describes how the project has independent utility from the Airport Development Program (ADP). The proposed demolitions would

occur whether or not the ADP is adopted. The proposed project will not result in nor accelerate development of the rental car servicefacility proposed in the ADP.

3. The IS provides information supporting the conclusion that the project will not have any long-term impacts. The replacement rental carfacility proposed as part of the ADP is not a cumulative impact of the proposed project because the dernolitions would occur whether ornot the ADP is approved. The project impacts will be limited to short-term construction impacts which can be mitigated to levels ofinsignificance.

4. The IS specifies that hazardous materials will be managed in compliance with local, state, and federal laws and regulations, therebyreducing the impacts of such materials to a level of insignificance.

City of Oakland Cultural Heritage Survey:

1. The State Historic Preservation Officer has made a "no effect" determination for the demolition of the five structures discussed in theIS/MND. The Port has complied with the legal requirements regarding the evaluation of potentially historic structures and the demolitionof evaluated structures.

2. The Port has amended the Cultural Resources section of the IS to more accurately describe the 1980 City Landmark Ordinance(landmark designation).

3. The Port has analyzed the cumulative impacts of demolitions and obtained a "no effect" determination from SHPO and the FAA.

East Bay Munici pal Utility District:

A copy of the requested environmental documentation will be provided to the District.


Comment noted.

RECOMMENDATION

It is recommended that the Initial Study/Mitigated Negative Declaration be certified and that the Plans and Specifications beapproved and authorization be granted to advertise for bids to be received on August 13, 1997.

(r-L-904 IS LOCATED Orr MIS HAP.

NORTH FIELD AUX CONTROL TOvER

SUBMITTED BY: Joseph K. Wong elln-"t60".1Pt-----) 14•'EXECUTIVE OFFICE RECOMMENDATION,


• MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

UL 1 5 1997DATEBOARD ACTION TAKEN

SECRETARY OF THE BOARD‘,417,14T


Agenda SheetSUBJECT: Certification of Initial Study/Mitigated

Negative Declaration and Approval of Plans andSpecifications for Demolition of BuildingsL-870, L-870A and L-874, North Field, MOIA

Date: July 15, 1997Item No. 2PROGRAM AREA

Airport Operations




FACTUAL BACKGROUND:

Plans and Specifications have been prepared for the DEMOLITION OF BUILDINGS L-870, L-870A AND L-874, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, and are hereby submitted for approval andauthorization to advertise for bids.

The Port proposes to demolish buildings L-870, L-870A, and L-874 at the North Field of the MOIA. These buildings are approximately 40-55years old, unoccupied, and significantly deteriorated. The buildings contain hazardous materials such as aslbestos and lead paint, and attracttransients and wild animals seeking shelter. The Port wishes to eliminate these unsafe structures from the North Field and reduce its overheadcosts. Buildings L-727 and L-729 are covered by a separate Board letter.

Port staff has completed its environmental review of the proposed project under the California Environmental Quality Act (CEQA) and thePort's CEQA Guidelines. The work was subject to an Initial Study (IS). The Port's Environmental Planning Department recommendsapproval of a Mitigated Negative Declaration. The document has been circulated, and a copy has been provided to the Board under separatecover. Mitigation measures include: handling and disposal of hazardous materials to comply with regulations; and compliance with BestManagement Practices (BMPs) to reduce noise and air quality impacts during construction.

Comments were received from 4 entities: City of Alameda, City of Oakland Cultural Heritage Survey, East Bay Municipal Utility District, andthe City of Oakland Fire Department. The comments are outlined below:

Ci y of Alameda:

1. The Federal Aviation Administration (FAA) must approve the Airport Layout Plan revisions before the project is implemented2. The project is a part of, and has been improperly segmented from the Airport Development Program3. The project's cumulative impacts are not adequately analyzed4. The project does not address the potential impacts of the transportation and, disposal of hazardous material.


1. Some parts of the Airport's North Field may still have National Register potential; the rest is an Area of Secondary Importance (ASI).2. The 1980 landmark designation does not necessarily preclude historic significance of structures at the North Field.3. Cumulative demolitions would have adverse impacts on historic resources.

East Bay Municipal Utility District.

No comments on the project, but the District would like to review environmental documentation for the rental car facility component of theAirport Development Program.


No comments on the project, but change of address notice for the Fire Chief.

The Port's responses, sent to the City of Alameda and the City of Oakland Cultural Heritage Survey, (copies of which have been provided tothe Board) are summarized as follows:

Certification of Initial Study/MitigatedNegative Declaration and Approval of Plans andSpecifications for Demolition of BuildingsL-870, L-870A and L-874, North Field, MOIAJuly 15, 1997Page 2

City of Alameda:

1. The Port has complied with the legal requirements regarding the Airport Layout Plan.

2. The IS describes how the project has independent utility from the Airport Development Program (ADP). The proposed demolitions wouldoccur whether or not the ADP is adopted. The proposed project will not result in nor accelerate development of the rental car servicefacility proposed in the ADP.

3. The IS provides information supporting the conclusion that the project will not have any long-term impacts. The replacement rental carfacility proposed as part of the ADP is not a cumulative impact of the proposed project because the demolitions would occur whether ornot the ADP is approved. The project impacts will be limited to short-term construction impacts which can be mitigated to levels ofinsignificance.

4. The IS specifies that hazardous materials will be managed in compliance with local, state, and federal laws and regulations, therebyreducing the impacts of such materials to a level of insignificance.


1. The State Historic Preservation Officer has made a "no effect" determination for the demolition of the five structures discussed in theIS/MND. The Port has complied with the legal requirements regarding the evaluation of potentially historic structures and the demolitionof evaluated structures.

2. The Port has amended the Cultural Resources section of the IS to more accurately describe the 1980 City Landmark Ordinance(landmark designation).

3. The Port has analyzed the cumulative impacts of demolitions and obtained a "no effect" determination from SHPO and the FAA.

East Bay Municipal Utili y District:

A copy of the requested environmental documentation will be provided to the District.


Comment noted.

RECOMMENDATION

It is recommended that the Initial Study/Mitigated Negative Declaration be certified and that the Plans and Specifications beapproved and authorization be granted to advertise for bids to be received on August 13, 1997.

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MOTION

I .J RESOLUTION

ORDINANCE


BOARD C IONTAKEN DATE


Agenda SheetSUBJECT: Recommended Approval of Fiscal Year DateS July 15, 1997

97-98 Annual Target Rental Rates for Item No 11License and Concession Agreements

SUBMITTED BY: Joyce Washington e044.4:,A;-*

PROGRAM AREA

Airport Operations

I X I Commercial Real Estate

Maritime Operations


FACTUAL BACKGROUND;.

In 1989, the Board approved procedures for the renewal of existingLicense and Concession Agreements. these procedures provide thatthe Board at closed session, under instructions to negotiators,consider the recommendations as to the annual renewal rental ratefor each tenant.

Under separate letter, the target rents for the Commercial Real -Estate Division tenants on the attached renewal list will bepresented for consideration by the Board in closed session forimplementation of the procedure at the July 15, 1997 BoardMeeting. The proposed target rents were discussed with theCommercial Real Estate Committee on July 1, 1997.

The renewals of existing License and Concession Agreements havebeen determined to be categorically exempt from the requirementsof the California Environmental Quality Act and the Port CEQAGuidelines pursuant to Class 1, Section 15301 (p) which exemptsrenewals, extensions or amendments to Leases or License andConcession Agreements when the premises or licensed activity were

-. previously leased or licensed to the same or another person, andinvolving negligible or no expansion of use beyond that previously .existing.

RECOMMENDATION:

It is recommended that the Board adopt a Resolution authorizingstaff to negotiate the target rents in accordance with its•instructions.

Attachment

c:\wp51\files\rentic.brd

EXISTING LICENSE AND CONCESSION AGREEMENTS-LOCATIONS

Jal-Vue East Bay Glass Co., Port Building H-101 and vacant industrial land, 295 6th Avenue

D. Philbrick, Port Building H-103, 603 Embarcadero and industrial land

KTVU San Francisco-Oakland TV, Port Buildine H-108, 295 5th Avenue

Thunderbird Properties, Inc., Port Building H-110. 400 6th Avenue

West Coast Marine Trailers, Inc., Port Building K-102, 101 Hegenberger

Anthony A. Travis, dba Ship Shape Marine, Port Building H-112, 6th Avenue

AM-PM Service Company, Port Building G-315. 251 5th Avenue

Oakland Fire Department, Port Building 1-321, 2400 Embarcadero

Athens Bakery, Inc., vacant land adjacent to Port Building J-321 on Embarcadero

Orient Reefer Container Services, vacant land on 5th Avenue and office space in Jack LondonSquare

Harrison's Boat Center, Inc.. vacant land at 1285 Embarcadero

Mission Pallet, vacant land near Kennedy & Diesel Street

Mission Clay Products, vacant land adjacent to Port Building No. K-108 at 201 Hegenberger

John Baker, land and water area at 69 6th Avenue

J.W. and Barbara Silveira, water area at the foot of 5th Avenue

Integre Marine Ltd., water area adjacent to Port Building P-I07

Dockside Boat and Bed, Port Building F-201, 77 Jack London Square

D. Wayne Smith, dba Audiology & Speech Services. Port Building F-201, 77 Jack LondonSquare, Suite "G"

L.S.B. Leakey Foundation, Port Building F-201. 77 Jack London Square, Suite "M"

John Greene, Port Building F-20I, 77 Jack London Square, Suite "J"

Environmental & Safety Resources, Inc., Port Building J-I20, 1851 Embarcadero

Lawrence Clark, Port Building J-120, 1855 Embarcadero

International Association of Firefighters, Port Building J-321

C.R. Gibb, an individual & the Boatel, a California Limited Partnership, vacant land in theWest Basin Marina Parking Lot

AFI Marketing, Parking Lot 11, Jack London Square

Carol Brookman, dba Heinhold's First & Last Chance, Port Building F-203, 56 Jack LondonSquare

Bao Yarn, dba Seabreeze Cafe, Port Building 1-1-113, 6th Avenue

Salty Dog, Port Building F-104, 53 Jack London Square and Webster Street Pier

Continental Glass Company, Port Building G-309, 351 Embarcadero

II Pescatore Ristorante, Port Building F-201, 77 Jack London Square

Century Theaters, Port Building K516, 8201 Oakport Street

July 15, 1997Date'

Item No 12

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

SUBJECT:Management Agreement Modificationswith Pansini Oakland Associates

SUBMITTED BY: Joyce WashingtonEXECUTIVE OFFIC RECOMMENDATION:


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda Sheet


Pansini Oakland Associates (POA) has been the Port's parking management contractorfor Jack London Square since January 1994. Pansini Oakland Associates is a CaliforniaLimited Partnership, a local business. Its General Manager, Louis Vela, owns 10% ofthe company, 90% is owned by Ampco System Parking.

Since January 1994, the management fee paid to the company has been $7,837.00 permonth. With the opening of the cinema and other businesses, the parking operator hasincreased its services by, implementing tenant-assisted parking in the undergroundgarage, handling parking and traffic control for a larger number of events, including theCirque du Soleil and expanding its hours of operation. In addition, the POA hasaddressed customer service issues. This includes maximizing our limited parkingresources and assuring traffic and congestion is minimized. One of the objectives thePOA must comply with is the need to keep "waits" at the parking exits to less than 8minutes per vehicle, as per the lease agreement with the cinema.

Since the Board passed an ordinance increasing the parking rates, parking revenue forJack London Square has more than doubled. POA played a significant role in helpingthe Port set the rates and selling the program to the tenants. Gross parking revenue forthe next 12 - month period should approach $3.0 million, up from the $1.2 milliongenerated annually at the old rates. POA and the Port are continuously upgrading theparking operations technology with the most current level of revenue control andaccountability.

The parking operations have increased from a 12 to 18 hour a day operation to a 22hour per day operation, in most of the parking facilities. Port staff agrees with POA thatOperating conditions in Jack London Square have changed. POA has had to increasestaffing, hours of operation, and supervision to keep up with the added activities of JackLondon Square, including all of the specific requirements of the special events. POAhas increased its work scope by sub-contracting with shuttle operators and othervendors including keeping all signs and graphics up-to-date in order to assist us inhandling the increased activity. Attached is a map outlining the garages and lotscurrently managed by POA. The current contract with POA expires on December 31,1997 with a one-year option to extend.

Management Agreement Modificationswith Pansini Oakland AssociatesPage 2

In view of these changes it is proposed to increase the management fee paid to POAfrom $7,837 to $11,516 per month and to extend the term to include an additional one-year option to extend the term. This is comparable to the similar contract with SecurityUSA which was selected as the security operator in February, 1997. The newmanagement fee term extension and other minor terms would be effective July 1, 1997.The increased revenue being generated as a result of aggressive parking managementwill more than make up for the increase in management fee.

Recommendation:

It is recommended that the Board authorize the Executive Director to enter into anamended agreement with Pansini Oakland Associates, effective July 1, 1997, to providefor an increase in the management fee, two additional one-year options to extend theterm, and other minor modifications as indicated above.

11 I iAl■a%

P = Park

POA runs the following parking facilities

Amtrak Parking Lots 5,7,9

Lot 13


Beverages & More Parking

Uhderground Garage

Parking Meters On

Alice Street & Clay Street

2,600 stalls

PROGRAM AREA


SUBMITTED BY: Joyce Washingto

EXECUTIVE OFFICE RECOMMENDA ON:

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BOAR C ION TA N



Agenda SheetSUBJECT: Port Consent to Amend the Coliseum

Redevelopment Project Area Boundaryof the Coliseum Redevelopment Plan

July 15, 1997 Date:

Item No. 13

FACTUAL BACKGROUND:

The City of Oakland is proposing to expand the existing Coliseum Area Redevelopment ProjectArea by adding 264 acres in the Fruitvale neighborhood. The boundaries of the added area areFruitvale Avenue (the current terminus of the district), International Boulevard, 22nd Avenue,Livingston Avenue, 23rd Avenue, and the municipal boundary in the Estuary (see attached map).

When the current Coliseum Redevelopment Project Area was established in 1995, it included landwithin Port planning jurisdiction. The Port and the Oakland Redevelopment Agency have enteredinto a Memorandum of Understanding (MOU) which outlines the respective roles, responsibilities,limitations and conditions to guide the agencies in carrying out the objectives of the redevelopmentarea. Included in the MOU is a provision (Section 1) that the Redevelopment Agency " . . . shallnot amend the boundaries of the (Coliseum) project area to include property under jurisdiction ofthe Port . . . without the prior consent of the Port." In this case, the area to be added does includeadditional land within Port jurisdiction, between Glascock Street and the Estuary„ Pursuant to theMOU, the Redevelopment Agency has requested Port consent to amend the boundaries of theProject Area.

The Redevelopment Agency, as Lead Agency, has not yet adopted its proposed NegativeDeclaration of significant environmental impacts that is required by CEQA before either the Boardof Port Commissioners, as Responsible Agency, or the Redevelopment Agency can approve thisproject amendment. The Agency is undertaking an expedited approval process to meet internaldeadlines and expects to approve both the Negative Declaration and the project amendment itselfon July 22, 1997. However, under CEQA, the Board as a Responsible Agency may not give itsconsent without considering the Agency's adopted Negative Declaration. Agency staff hasrequested a non-binding indication from the Board whether the Board presently has any issuesconcerning the proposed amendment before the Agency moves ahead on July 22 to approve theproject amendment subject to Port consent. Agency staff has requested that the Board review theAgency adopted Negative Declaration and vote on whether to consent to the amendment not laterthan the August 5, 1997, meeting.

Staff review of the City's objectives and programs to be employed within the additional areas of theProject Area has assured that amending the district boundaries will not have adverse impacts on thePort's property or planning interests and will likely benefit the Fruitvale neighborhood. Extendingthe boundaries as proposed will allow the benefits of the current Tax Increment program to beapplied. Staff believes that the Board should support the application of appropriate redevelopmenttools in this area of the city as a continual effort to enhance the neighborhood and improveaccessibility to the waterfront.

RECOMMENDATION:

It is recommended that the Board pass a motion that the Board has no substantive problems withthe Agency's proposal to amend the Coliseum Redevelopment Plan and Coliseum AreaRedevelopment Project boundaries as proposed and that the Board will place on its calendar foraction not later than August 5, 1997, consideration of the Agency's adopted Negative Declarationand consent to the proposed amendments. TTLI) Or

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JURISDICTIONS

San Antonic/Fruitvaie District

Oakland Waterfront Initiatives: Estuary Plan •

Prepared far the Port ur. Oakland and :ix Cry if Oakland :y Rama Dalin Crou p al ziccw:an ucr Cl ag;e Inc, Hausrazk anornal Croup, HaracnOeftintkami/Elhima

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Drni FIr Dimn. - kn. Sch. 19

SUBJECT:Request Resolution Authorizing Negotiationwith Michael Kuhn for a Two Year Optionto Purchase Vacant Land Located atEdgewater Drive and Pardee Lane forBaxter Healthcare Corporation. Expansion

SUBMITTED BY: Joyce Washington-


Date: July 15, 1997

Item.No. 14

PROGRAM AREA

Airport Operations

X Commercial Real Estate

Maritime Operations

Overall Operations


MOTION

I X I RESOLUTION

ORDINANCE



Agenda Sheet

FACTUAL BACKGROUND:.

Michael Kuhn owns a parcel of real estate in the Business Park located at 7799 Pardee Lane that is leased toBaxter Healthcare Corporation ("Baxter"). Mr. Kuhn has requested a two year option to purchase 2.2 acreslocated at Pardee Lane and Edgewater Drive, adjacent to the existing Baxter site, to allow the planned Baxterexpansion. Baxter requires an additional 300,000 square feet of office and laboratory space and will createninety new jobs.

The construction costs are estimated at $2.5 million. Average tenant improvements for administrative and openareas are estimated at $50 per square foot. Technical areas housing the laboratories will run $100 per square -foot. Laboratories cover approximately 75 percent of the facility.

Baxter has been in Oakland for fifteen years. It is a multi-million dollar Fortune 100 Company traded on theNew York Stock Exchange. Annual financial reports confirm that Baxter's position and growth potential aresolid with sales of $5 billion and with net earnings of $650 million.

It is proposed to enter into an option to purchase agreement with Mr. Kuhn with monthly payments of $1,000.The option payments would be non-refundable. A two year option is realistic given the length of theenvironmental process (approximately 18 months). Mr. Kuhn must also prepare the site for development,secure financing, complete design specifications, prepare construction plans and contracts, obtain necessarypermits, and comply with environmental regulations.

_The sales price of the land would be $7.50 per square foot or $722,000 total. Comparable sales and discussionswith real estate professionals support the land value of $7.50 per square foot. Survey and soil tests completedby Mr. Kuhn's consultant indicate that a large slough traverses the property. Staff has confirmed the finding andbelieves that Mr. Kuhn's construction costs will be increased by the added cost of site preparation prior to.development.

Transfer taxes remain a negotiable item. The buyer has agreed to pay closing costs.

Option and sale will be conditioned upon documentation acceptable to the Port, demonstrating a long term leasebetween Baxter and Mr. Kuhn covering this site and providing that if construction has not commenced by a datecertain, the vacant site shall revert to the Port.

Final approval of the terns of the sale and conveyance of Port land to Mr. Kuhn shall require approval by theBoard following the completion of the appropriate environmental review and compliance with the requirementsof CEQA and other applicable laws.

This matter was reviewed by the Commercial Real Estate Committee on July 1, 1997. The property is notencumbered under the State Lands Trust and therefore can be sold.

RECOMMENDATION:

Staff recommends that the Board of Port Commissioners pass a resolution authorizing negotiations withMichael Kuhn for a two year option to purchase vacant land at Pardee Lane and Edgewater Drive, for non-refundable monthly payments of $1,000 during the option term, and for a sales price of $7.50 per square foot.

xSUBMITTED BY: John Glover


PROGRAM AREA

11 Airport OperationsCommercial Real EstateMaritime OperationsOverall Operations

BOARD ACTION TAKEN

DATE

Afpnova.vi.,

7,2 JUL 15


SUBJECT: Port Participation in Hegenberger Gateway Study Date: July 15, 1997

Item No. 15

FACTUAL BACKGROUND

Mayor Harris has requested that the Port collaborate with the City of Oakland on a joint study to developways to enhance the image and development potential of the "gateway" from the airport into the City alongHegenberger Road and 98th Avenue. These roadways provide the first impression of Oakland for visitorsarriving at the airport, and both the Port and th City are concerned that that this impression be attractiveand positive.

The north side of Hegenberger Road is within the Port Area, while the south side is under City planningjurisdiction. The City and Port are collaborating on improvements to 98th Avenue as part of the AirportRoadway Project. Therefore it is appropriate for the two agencies to work together on addressing the"gateway" planning issue.

The study will develop uniform development and design objectives which can be applied to both Port andCity jurisdictions in the Hegenberger-98th Av. corridor to create an attractive City gateway to and from theairport. Development opportunities on both Port-owned and private property will also be identified, withan objective of providing enhanced traveler amenities in the corridor.

Port staff agrees with the City's recommendation to hire a consultant to perform this study. Staff from bothagencies have worked together to develop a scope of work for consultant assistance, and have distributeda Request for Proposals. It is intended that the Port and City share responsibilities equally for managingand paying for the study. As proposed, staff representatives each agency will serve on a SteeringCommittee to oversee the consultant's recommendations, and will jointly serve as a Technical AdvisoryCommittee to insure technical accuracy. CEDA will administer the contract, and be responsible for day-to-day management of the study process. Consultants will be hired according to the City's establishedprocedures and minority participation program; consultant selection will be subject to City Council andBoard of Port Commissioners approval.

Staff estimates that the study will cost approximately $65,000. The Port's share of the costs would be50%, or $32,500. This amount has been budgeted in the Port's FY 97-98 Operating Budget.

RECOMMENDATION:

It is recommended that the Board of Port Commissioners approve the Port's participation in theHegenberger Gateway Study, and authorize the Executive Director to enter into a cost-sharingagreement with the City of Oakland to contribute up to 50% of the costs.


n MOTION

RESOLUTION

n ORDINANCE

Li INFORMATION ONLY

1 1

in MOTION

lx1 RESOLUTIONI x I ORDINANCE

INFORMATION ONLY




Agenda SheetSUBJECT: Personnel Items Date: July 15, 1997

- Appointments- Salary Increases

Item No. 31

PROGRAM AREA

I1 Airport OperationsCommercial Real EstateMaritime Operations

Ix] Overall Operations

SUBMITTED BY: Gilbert G. Apodaca

EXECUTIVE OFFICE RECOMMENDATION: Charles Fos al'

FACTUAL BACKGROUND:


it is requested that the Board approve the following appointments:

Type of EffectiveName 'Title/Division Appointment Date Salary/Wage

Boyle, Raymond Acting Director of Maritime Exempt from 7/21/97 $8,991/month- Acting in Budgeted Maritime Division Civil Service within SalaryVacant Position Grade 15

Rickert, Fred W.- Acting in BudgetedVacant Position

Acting Chief Financial Officer Exempt from 9/1/97 $7,877/monthFinance Division Civil Service within Salary

Grade 15

Washington, Joyce B.Acting in BudgetedVacant Position

Acting Director of Commercial Exempt from 7121197 $7,063/monthReal Estate Civil Service within Salary

Commercial Real Estate Grade 13Division

McClain, Reven- Budgeted Vacant Position- Promotion of Port

Employee

Port Equipment Mechanic Civil Service 7121/97 $3,750/monthCentral Facilities Dept. rate "a"Engineering Division

Andrion, Nerissa Senior Secretary Civil Service 7121/97 $2,945/month- Budgeted Vacant Position Commercial Real Estate rate "a"

Division

Fogel, Kim Senior Secretary Civil Service 7/21/97 $2,945/month- Budgeted Vacant Position Environmental Department rate "a"- Promotion of City Engineering Division

Employee

Adajar, Wilfred Youth Aide, Class "C" Exempt from 7/16/97 $8.94/hour- College Internship Central Facilities Department Civil Service

Program Engineering Division- U. C. Davis

EMPLOYEES AS OF AS OF AS OF AS OF2/1/91 7/16/96 7/1/97 7/15/97


Part-Time Employees 2.13 FTE

551.00 FTE

3.00 FTE

540.00 FTE 537.00 FTE

3.00 FTE 3.00 FTE


Relief Airport Custodians(PM


11.00 FTE* 10.00 FTE

0.00 FTE

8.00 FTE 8.00 FTE

0.00 FTE 0.00 FTE

TOTAL FTE 625.35 FI z 566.98 FTE 554.00 FTE 551.00 1- I E


SALARY INCREASES—Ordinance (2 Readings)

It is requested that the Board ratify the addition of Section 1.3396 to Port Ordinance 867 increasing the salaries foremployees represented by Western Council of Engineers (WCE) in accordance with the Memorandum of Understandingbetween WCE and the Port dated July 1, 1994. The Ordinance will increase the salaries for these employees by 2.5%effective June 28, 1997.



** Count decrease due to three separations.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments and ratify the salaryincreases.

SUBJECT: Contract with ARC Limited to UpdatePort Administrative Policies andProcedures

Date: July 15, 1997

Item No. 32

DATE

ixiiiii

BOARD ACTION TAKEN

assom'Nrr SECRETARY OF THE BOARD

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

Board of Port Commissioners - PORT OF.OAKLAND

Agenda Sheet

..Z.4tAL-Ver,140-14.e.JPROGRAM AREA

H Airport Operations

ii Commercial Real Estate

ii Maritime Operations

I xl Overall OperationsSUBMITTED BY: Gilbert C. Apodaca


FACTUAL BACKGROUND:

The Port of Oakland's Administrative Manual has not undergone a comprehensive revision In severalyears. Revisions of selected, existing policies and procedures have been carried out on a quarterly,semi-annual or as needed basis, but such revisions have been restricted to the structure and format ofthe present manual.

ARC Limited has presented a proposal to respond to the Port's need to update its existing policies andprocedures in a format that clearly delineates policies from procedures; to develop new policies andprocedures; and to create a separate Policy Reference Guide.

Alana Coleman Ross is president of ARC Limited, an Oakland-based, MBE/VVBE management consultingfirm that specializes in the development of policies and procedures. ARC Limited has worked onprevious projects with the City of Oakland, Alameda County, AC Transit, EBMUD, Oakland PublicLibrary, the City and County of San Francisco, to name a few. (Please see attached Statement ofQualifications.)

RECOMMENDATION:

It is recommended that the Board approve the hiring of ARC Limited to update the Port's policies andprocedures; to develop new policies and procedures; and to create a separate Policy Reference Guidefor a fee not to exceed $37,000. It is further recommended that the Executive Director be authorized toincrease the total compensation by $6,000 for additional related services in policy and procedureresearch and documentation.

It is also recommended that the Board approve waiving competitive bidding based on the following:ARC Limited's Oakland-based, MBE/VVBE status; its extensive experience in public sectordocumentation, especially with the City of Oakland; and its excellent reputation in the Bay Areacommunity.


JUL 15 1997

STATEMENT OF QUALIFICATIONS

Alana Coleman is president of ARC Limited, an Oakland-based, MBE/WBE management consultingfirm with over 10 years of experience in assisting organizations to put their valuable resources to bestuse. Her areas of specialty include: management/performance audits and administrative studies;organizational planning and strategies; surveys and research; development of policies and procedures;human resources; and coordination of meetings and conferences.

Ms. Coleman works with client organizations to analyze their systems, structures, and operationsand to develop strategic improvements that will make them more effective in delivering their servicesand achieving their goals. The projects she has accomplished include a strategic plan, organizationaldiagnostic studies, needs assessments, staff recruitment and retention programs, wage and salaryprograms, policies and procedures manuals, transit studies, and the management of trade fairs, --business roundtables, workshops, and conferences.

Her firm has worked extensively with city and count- 3 agencies, public-private partnerships, andbusinesses in a variety of industries. A partial list of her clients includes the City of Oakland,Alameda County, AC Transit, East Bay Municipal Utilities District (EBMUD), Northern CaliforniaMinority Supplier Development Council, Oakland Public Library, and the City and County of SanFrancisco.

With a background in management, business, health care, transportation, and law, Ms. Colemantakes a thorough, comprehensive approach to planning and strategic development. She emphasizeswritten goals and objectives, timelines, budgets, and clear accountabilities. ARC's recommendedstrategies included full consideration of fiscal and resource implications, and of alternative structuresand systems where appropriate. Implementation of her recommendations has resulted in improvedwork flow systems and increased productivity for the clients involved.

She has in-depth knowledge of research techniques and procedures, including identification oftarget populations and development of effective strategies for reaching them. She designs surveyinstruments; oversees the field administration of the survey; examines records and assembles statisticaldata; conducts interviews; and analyzes, evaluates and documents the results.

An integral part of ARC Limited's work is garnering broad-based support for the project'ssuccessful implementation. Ms. Coleman is experienced in working effectively with people of diversecultural, ethnic, and socioeconomic backgrounds. Understanding the interrelationships and thedynamics at every point on the organizational chart, she interacts effectively with boards of directors,management and staff. She has consulted in union and nonunion environments and understands thespecial considerations of each.

Another asset she brings to her projects is her well-developed network of resources, including keypublic officials, community leaders, corporate executives, and industry leaders.

Ms. Coleman holds a master's degree in Human Services Planning from Boston College andcompleted law courses at Northeastern University School of Law. Her affiliations have included theNational Forum of Black Public Administrators, the Institute of Industrial Engineers, and Women'sTransportation Seminar of San Francisco. Ms. Coleman is registered as an MBE with the City ofOakland, the Regional Transportation Association (RTA) and EBMUD.

PROPOSAL TO THE PORT OF OAKLANDTO UPDATE AND REVISE AN

ADMINIS'T'RA'T'IVE POLICIES AND PROCEDURES MANUAL

INTRODUCTION

ARC Limited is pleased to present the following proposal to create new and reviseexisting administrative policies and procedures for the Port of Oakland.

The Chief Administrative Officer (CAO) has requested assistance in updating the Port'sAdministrative Manual. This project responds to a directive by the Port Commission andthe Executive Director that Port-wide policies be clearly articulated and appropriatelydisseminated. Some policies and procedures have been written and/or updated when theneed has arisen. However, the Administrative Manual has not undergone acomprehensive revision in several years, and this has become a major priority for thePort. The project will involve updates to existing policies and procedures, thedevelopment of four new ones, and the creation of a separate Policy Reference Guide.The Administrative Manual plays a vital role in the Port's ongoing effort to operateeffectively and ensure that its staff works from a well-informed base.

ARC Limited's proposal for accomplishing this project is delineated below. Alana Ross,president of ARC Limited, will personally direct all tasks.

BACKGROUND

The Port of Oakland is the fourth largest container port in the United States. The Portengages in three significant business enterprises: the Oakland International Airport, themaritime Port of Oakland, and commercial real estate development. The Port has a majorimpact on the state and local economy and is often described as the economic engine ofthe entire San Francisco Bay Area.

ARC Limited: Proposal to the Port of Oakland 2

The Port holds a unique relationship with the City of Oakland. Although it is officially adepartment of the City, it is designated as an enterprise entity. As such, it operates semi-autonomously and has its own administrative, legal and budget system.

The Port's maritime and aviation operation are governed by federal and state regulatoryagencies, and the Port has Memoranda of Understanding (MOU's) in place with unionsand other parties. These regulations, rules and agreements must be factored into thepolicies and procedures that are crafted for the Port.

PROJECT OBJECTIVES

In light of these considerations, as well as the Port's standing as an economic and politicalforce, it is essential for the Port to have policies and procedures in place that are clearlydefined and unambiguous. Moreover they should be integrated and interrelated, so as toavoid conflicts or contradictions between one policy or procedure and another.

Therefore, the purpose of this project is to produce a comprehensive AdministrativeManual and a companion Policy Reference Guide that will achieve the followingobjectives:

1. Accurately reflect current Port practices.

2. Make the Port's policies and procedures easy for staff to access, understand andimplement.

3. Provide a context for the policies and procedures in light of the Port's organizationalculture, systems, mission and goals.

4. Promote productive employee performance.

5. Foster consistency and uniformity in organizational practices and activities.

6. Clarify the Port's position with regard to outside entities that interface with the Port.

7. Confoi in to applicable Federal, State, and local regulations.

SCOPE OF THE PROJECT

The Port of Oakland currently has an Administrative Manual. It contains approximately16 sections with a total of 80 policies and procedures accompanied by 46 exhibits. Each ofthe 80 entries follows a three-part foi mat: the purpose, the policy and the procedure. Toemphasize the importance of Port policies and ensure that they are understood, the CAOwould like to create a format for the Administrative Manual in which the policy statement


would stand alone on its own page. In addition, he has asked the consultant to create areference guide containing only the policy statements, to be published and distributed asa separate pocket-size volume.

A cursory review of the Administrative Manual by the consultant revealed that in somecases, the language describing policies and procedures overlaps or is unclear. Proceduralsteps are included in policy statements, while details about policies are framed as if theywere procedural steps. As part of the revision process, the consultant will rewrite thepolicies and procedures to that they are clear and explicit.

For this project, ARC Limited will undertake three sets of tasks:

First, as requested by the Executive Director, we would develop new policies covering thefollowing topics:

• Use of the waterfront common area facilities.• Disposition of Port land and other assets.• Recruitment and selection of director-level staff members.• Civic donations made by the Port.

Second, we will revise the policies and procedures contained in the current AdministrativeManual. The revision will involve:

• Creation of separate policy statements for each procedure.• Rewriting of the existing policies and procedures to ensure their clarity,

consistency, and accuracy.

Third, we will organize the policy statements into a new supplementary document, thePolicy Reference Guide.

The work to be accomplished will include:• Interviewing key personnel to obtain insights and infolination that can facilitate

the development of new and revised policies and procedures.• Reviewing existing policies and procedures, including preliminary work that has

been done on revisions, to:00- Deteiinine their appropriateness for the Administrative Manua]. Some might

be better suited for inclusion elsewhere, such as a Personnel Manual.OP- Assess their accuracy, completeness, clarity, and suitability of language, and

the extent to which they need revision.• Writing new policies and revising existing ones as needed.


• Redesigning the format for presenting the policies and procedures to meet theneeds expressed by the Port, and ensuring that all new and revised policiesconfoim to the agreed-upon format.

The work plan that follows sets forth ARC Limited's proposal for accomplishing thiswork.

WORK PLAN AND SCHEDULE

ARC Limited will undertake the tasks described below to complete this project. In somecases, these tasks have overlapping timeframes, so that work may proceed on two ormore concurrently. To complete the drafts of the Administrative Manual and the PolicyReference Guide, we have allotted fourteen weeks: from June 30, 1997, to October 3,1997. At that time, the drafts of the full documents will be presented to the CAO for hisreview (individual policies and procedures will be submitted for review on an ongoingbasis as noted below). Following the Port's review process, the drafts will be returned tothe consultant, who will incorporate requested revisions. Three weeks have been allottedfor this last task, at which point the consultant will present the final AdministrativeManual and Policy Reference Guide on disk and as camera-ready originals.

We have based our time and budget estimates on a projection that 80 policies andprocedures will need to be revised and four additional ones, as specified above, will needto be written. Should it be detei mined that it would be desirable for the AdministrativeManual to include additional policies and procedures, ARC Limited will be willing tonegotiate an amendment to its contract to cover the increased work.

Task One: Plan and Consult on the ProjectWeek 1: June 30–July 3, 1997

This task has two purposes: 1) to ensure that ARC Limited and the Port fully understandand are in concurrence on the scope, objectives, work plan and schedule for the project,and 2) to establish procedures for the project's administration and management.

Task Two: Define the Internal ContextWeeks 2 and 3: July 7-18, 1997

In our twenty years of experience in producing manuals, we have learned that policiesand procedures must be developed in the context of the organization's culture, its existingsystems, and undocumented practices that have become institutionalized through usage.To provide a sound underpinning for the Administrative Manual, ARC Limited will:


• Collect and review materials related to the Port's existing policies and procedures.• Interview appropriate staff to determine actual organizational practices.

Interviewees will be selected with the advice and approval of the CAO (or hisdesignee).

• Conduct other research as needed to determine the internal context that affects thePort's policies and procedures in the subject areas covered by the AdministrativeManual.

Task Three: Define the External ContextWeeks 4 and 5: July 21–August 1, 1997

External considerations, as well as internal ones, influence the content a nd presentationof policies and procedures. ARC Limited will:

• Examine the relevant policies and procedures in light of applicable rules,regulations, and MOU's to ensure that all requirements are understood and met.

• Interview officials from selected port authorities in other California cities to:identify key components and commonalities of their practices that should not beoverlooked; learn what issues have arisen with regard to their policies andprocedures and how these issues have been effectively addressed; and examinefoiniats for presentation that will enhance the Administrative Manual's readabilityand usefulness.

• Assess other external considerations that are affecting the Port's environment.

Task Four: Compile a Recommended Table of ContentsWeeks 6 and 7: August 1-15, 1997

Based on the infoiluation collected in the first three tasks, ARC Limited will develop arecommended table of contents for the Administrative Manual. For existing policies andprocedures, we will indicate to what extent revisions are necessary and where multipleversions or conflicting policies exist.

Task Five: Design a Format to Facilitate Comprehension and Use of the ManualWeeks 8 and 9: August 15-29, 1997

ARC Limited will design a graphically pleasing format to ensure consistency in thepresentation of the policies and procedures and to make the Administrative Manual easierfor staff to understand, use, and maintain. The draft format may include such componentsas each procedure's purpose, scope (to whom it applies), procedural steps, references,and/or the date adopted or revised. In addition, ARC Limited will develop a format for thepocket-size Policy Reference Guide.


The CAO will review and approve the table of contents and the format before workproceeds further.

Task Six: Draft and Review the Policies and ProceduresWeeks 644: July 21-October 3, 1997

Using the approved table of contents, ARC Limited will draft the specified policies andprocedures and frame them in the appropriate formats.

Finished drafts will be delivered at weekly.intervals for review by the CAO (or hisdesignee) and other staff that he deems appropriate. The CAO will review the drafts andreturn them in a timely manner with approval or requests for revisions. At theconclusion of Task Six, the drafts will be assembled into complete documents andpresented to the CAO for a final review.

Task Seven: Prepare Final Version of ManualThree Weeks: Upon presentation to the consultant of CAO's final review comments.

ARC Limited will prepare final versions of the Administrative Manual and the PolicyReference Guide, incorporating necessary revisions. We will deliver a camera-readymaster copy and a disk formatted in Microsoft Word to the office of the CAO.

The consultant recommends that the Port's Legal Counsel review the administrativepolicies and procedures. The legal review can be undertaken as individual policies arepresented to the CAO (during Task Six) or can wait until the entire manual is finished.While this decision rests with the CAO, we would recommend presenting the LegalCounsel with the entire manual as a complete package.

ESTI:IN/IA.1'ED COSTS

ARC Limited's fee for the project as outlined above is $36,400, with a payment schedule tobe deteLinined by the terms of the contract. This fee is based on a total of 560 hours(equivalent to 14 weeks at 40 hours per week) and a rate of $65 per hour.

ARC Limited will be responsible for payment of its administrative expenses, includingfees paid to its staff or subcontractors. Direct expenses incurred by the project, such asbut not limited to photocopying, postage, long-distance telephone, and printing andbinding of the final document, will be paid by the Port of Oakland.


ARC LIMITED'S QUALIFICATIONS

ARC Limited, headed by Alana Ross, is a management consulting firm with nearly twodecades of experience, specializing in policies and procedures development, managementaudits, surveys and research. We have worked extensively with city and countygovernments, public agencies and institutions.

We have written policies and procedures manuals at departmental and organization-widelevels. Our clients have included the Bay Area Rapid Transit District (BART), City ofOakland, Alameda County, the City and County of San Francisco, Alameda CountyMedical Center, Children's Hospital Oakland, East Bay Municipal Utilities District, andAC Transit.

ARC Limited will be assisted in this project by Margaret Lucke of Lucke CommunicationsGroup. Ms. Lucke is a writer, editor, and communications consultant with more than 15years of experience in developing and producing books, articles, reports, manuals,studies, newsletters, and other types of documents and publications. She has workedextensively for over 12 years with Alana Coleman as editorial consultant formanagement and research projects conducted by ARC Limited, including those listedabove.

A detailed description of ARC Limited's qualifications is attached. We appreciate theopportunity to offer this proposal for your project, and we look forward to working withyou to achieve a successful result.

Property:

PROGRAM AREA

Airport Operations


Maritime Operations

[ Overall Operations

SUBMITTED BY: Christopher Marsh 11


FACTUAL BACKGROUND:

Item No. 40

CONFERENCE WITH LEGAL. COUNSEL - EXISTING LITIGATION.Subdivision (a) of Government Code Section 54956.9. Names of Cases:

City of Oi7kland v. Steam Valve Machine Company. et al, Alameda CountySuperior Court Case No. 77706B-7

Samuel V\ alton v. Port of Oakland, Workers' Compensation Appeals BoardNo. OAK D236532

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54955_9:

Three cases.

PERSONNEL AND CONFERENCE WITH LABOR NEGOTIATIONS. PORT OFOAKLAND AND LOCAL 790, as provided for under Government Code Section54957.0 and 54557.6.

CONFERENCE WITH REAL PROPER TY NEGOTIATOR.

Port of Oakland andVarious Tenants(See Attached List)

Under Negotiation: Price and Terms of Payment


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONI Y

Various Existing CommercialReal Estate TenantsOakland, California

Negotiating Parties:

BOARD_ AC ION TAKEN DATE


Agenda SheetSUBJECT: CLOSED SESSION Date: July_ 15 1997

EXISTING LICENSE AND CONCESSION AGREEMENTS-LOCATIONS

Jal-Vue Last Bay Glass Co Port Building H-I01 and vacant industrial land, 295 0th A\ critic

D. Philbrick, Port Building H-103, 603 Embarcadero and industrial land

KTVU San Francisco-Oakland TV, Port Buildin g H-108, 295 5th Avenue

Thunderbird Properties, Inc., Port Building 11-110. 400 6th

West Coast Marine Trailers, Inc Port Building K-102, 101 I legenherger

Anthony A. Travis, dba Ship Shape Marine, Port Building 11-112, Oth Avenue

AM-PM Service Company, Port Building G-315, 251 5th Avenue

Oakland Fire Department, Port :Building J-321, 2-100 Linbarcadero

Athens Bakery, Inc., vacant land adjacent to Port Buildi K J-321 on Embarcadero

Orient Reefer Container Services, vacant land on 5th Avenue and office space in Jack LondonSquare

Harrison's Boat Center, Inc., vaveant land at 1285 Iinbaici-dciro

Mission Pallet, vacant land near Kenned y & Diesel Street

Mission Clay Products, vacant land adjacent to Poll Build No. K-108 at 201 Ilegenbergcr

John Baker, land and water area at 69 0th Avenue

J.W. and Barbara Silveira, Ovate id the foot of Sth A sei Th e .

Integre Marine Ltd., water area adjacent to Port Building P-107

Dockside Boat and Bed, Port Building 201, 7 7 lack London Square

D. Wayne Smith, dba Audiology t c:t Speech Scn.iccs, Poll Building F-701, 77 Jack London

Square, Suite "G"

L.S.B. Leakey Foundation Port Building I 01. 77 Jack liondon Square_ Suite "NI"

John Greene, Port Building 1 -311, 77 Jack London Square, "in

Environmental & Sat iety 11c.,mui cc Inc., P rt Building 1-120, 1851 1 mbiticiadero

Lawrence Clark, Port Building .I-1 20, 1855 Fimlitaicadcio

International Association of l'il(„Tightcrs, Port Building J-321

C.R. Gibb, an individual & the Boatel, a California Limited Paitneiship, vacant lard in theWest Basin Marina Parking Lot

AFI Marketing Parking Lot 11 Jack London Square

Carol Brookrnan, dba Heinholdjs First S: Last Chance, Port Building, F-203, 56 Jack LondonSquare

Bao Yam, dba Seabreeze Cafe, Port Building 11-113, 6th Avenue_

Salty Dog, Port Building F-104, 53 Jack London Square and Webster Street Pier

Continental Glass Company, Port Building G-309, 351 Embarcadero

II Pescatore Ristorante Port Building F-201 77 Jack London Square

Century Theaters, Port Building K516, 2201 Oakpolt Street

SUMMARY AGENDA OF BOARD CALENDARJuly 15, 1997

AIRPORT

3S Approval of New License and Concession Agreementwith Existing Tenant Hilltop Aviation Services,Inc. (#1 Airport Drive, South Airport).(Resolution)

Recommends approval to renew their agreement forspace in the Terminal Building.

4S Approval of Agreement to Extend Right-of-Entry andIndemnity Agreement with GTE Mobilnet ofCalifornia (#1 Airport Drive, South Airport).(Resolution)

Recommends approval to extend the ROE for theplacement of their equipment. Notes that a long-term lease is being prepared.

5S Approval of License and Concession Agreement withCorse-Air International Airlines, S.A. (#1 AirportDrive, South Airport). (Resolution)

Recommends approval to renew their agreement forspace in the Terminal Building.


16S Award of Contract for Replacement of Fuel StorageTank EF-04 at Fire Station #2, 100 Jack LondonSquare. (Resolution)


MARITIME




ORDINANCES:

Port Ordinance No. 3373 being, "AN ORDINANCEAMENDING SECTION 9 OF PORT ORDINANCE 1149 RELATINGTO CHARGES FOR USE OF FACILITIES AT METROPOLITANOAKLAND INTERNATIONAL AIRPORT."

Provides for approval of the annual increase forrates and charges on the North Airport.

Summary Agenda of Board CalendarJuly 15, 1997Page 2

Port Ordinance No. 3374 being, "AN ORDINANCEAMENDING SECTION 10.07 OF PORT ORDINANCE NO. 867AMENDING SALARY SCHEDULE ASSIGNMENT FORCLASSIFICATION OF AIRPORT OPERATIONS SPECIALISTAIRSIDE/LANDSIDE."

Provides for amending salary schedule assignmentfor classification of Airport OperationsSpecialist Airside/Landside.


Agenda SheetSUBJECT: Recommended Approval of Date: July 1, 1997

North Airport Fee Increases Item No. 1S

ih-LiCATEOF PRIOR

SUBMITTED BY: Steve Grossman LEAR O t


PROGRAM AREA

I X I • Airport Operations


II Maritime OperationsOverall Operations

FACTUAL BACKGROUND:In May 1979, the Board adopted a policy of linking rates and charges of certain North Airport activitiesand properties to the previous calendar year's Consumer Price Index for Urban Wage Earners andClerical Workers (CPI-W).

The San Francisco-Oakland area calendar year 1996 CPI-W increase was 2.3%. Therefore, fees governing aircraftparking, assigned ramp spaces, T-hangars, Port-A-Ports and tiedowns would be increased 2.3% effectiveAugust 1, 1997.

Proposed monthly increases are as follows:

PRESENT PROPOSEDBlimp $933.00 $954.00Tiedown - Taxi-in/Taxi-out 117.00 120.00Tiedown, 40 ft. or less 82.00 84.00Tiedown, 50 ft. or less 116.00 119.00Tiedown, 75 ft. or less 175.00 179.00Tiedown, 100 ft. or less 195.00 199.00Tiedown, 125 ft. or less 303.00 310.00Tiedown, 150 ft. or less 441.00 451.00Tiedown, 175 ft. or less 586.00 599.00Tiedown, 200 ft. or less 722.00 739.00Tiedown, over 200 ft. 871.00 891.00T-hangar - 840 sq. ft. 178.00 182.00T-hangar - 960 sq. ft. 201.00 206.00T-hangar - 1110 sq. ft. 235.00 240.00T-hangar - 1152 sq. ft. 244.00 250.00T-hangar - 1596 sq. ft. 334.00 342.00Port-a-Port, single engine 182.00 186.00Port-a-Port, light twin 221.00 226.00Ramp Space, 1060 sq. ft. 127.00 130.00Ramp Space, 1340 sq. ft. 171.00 175.00Ramp Space, 2050 sq. ft. 256.00 262.00Ramp Space, unspecified 89.00 91.00

lECOMMENDATION:

t is recommended that the above present fees be increased by 2.3% effectiveiugust 1, 1997, as proposed.



RESOLUTIONX ORDINANCE


Name Title/DivisionType of Effective

Appointment Date SalarylWage

Fulter--Tompkins,-FaithRoolassiffstion-ofP-orsonnel-ZohnicinPosition 4adosination-of

--Incumbent

Payroll-ancl-et• . . •

Carpo-rta-AdminitrtivsSarvicas-DiViSiOrt

Civil-Sow-is' 71719- V4341monthrato "a"

Rico-Duenas, Rosa Telephone Operator Civil Service 717/97 $2,775/month- Budgeted Vacant Position Airport Operations, Airside rate "c"

Aviation Division

Casey, Kenya Youth Aide, Class "C" Exempt from 7/2/97 $8.94/hour- College Internship Civil Service

Program

Curtis, Stephanie Youth Aide, Class "C" Exempt from 7/2/97 $8.94/hour- College Internship Civil Service

Program

Natdoks, Frederick- College Internship

Program

Youth Aide, Class "C" Exempt from 7/2/97 $8.94/hourCivil Service

Llamas, Jose Youth Aide, Class "D" Exempt from 7/2/97 $5.00/hour- High School Internship Finance Division Civil Service

Program- Castlemont High School

Pho, Henry Youth Aide, Class "D" Exempt from 7/2/97 $5.00/hour- High School Internship MIS Department Civil Service

Program Corporate Administrative- Oakland High School Services Division


Agenda SheetSUBJECT: Personnel Items Date: July 1, 1997

- Appointments Item No. 31

- Amendment of Salary Schedule Assignments-- Rescission of Appointments Am E- Leave of Absence NDED ITE\A n Air,port Operations

PROGRAM AREA


SUBMITTED BY: Gilbert C. Apodaca n Maritime Operations

EXECUTIVE OFFICE RECOMMENDATION: Charles W. Foster41,0 Fit Overall Operations

FACTUAL BACKGROUND:

DUPLICATEAPPOINTMENTS - Resolution (1 Reading Required)

OF .PP.4it is requested that the Board approve the following appointments:

CAI.E1IPAR


n MOTION BOARD ACTION TAKEN DATE

x I RESOLUTION

x I ORDINANCE


EMPLOYEES

0.00 FTE 0.00 FTE FTERelief Airport Custodians(Intermittent, P/T)

AS OF AS OF AS OF7/2/96 6/17/97 7/1/97

AS OF2/1/91

Full-Time Employees

Part-Time Employees



2.98 FTE 3.00 FTE

10.00 FTE 8.00 FTE

2.13 FTE 3.00 FTE

11.00 FTE*

3.00 FTE 3.00 FTE

3.00 FTE

8.00 FTE

TOTAL l• 625.35 I-IL 569.98 I-I 557.00 FTE 554.00 l• I h

612.00 FTE 554.00 FTE 543.00 FTE 540.00 FTE

AGENDA SHEE1, PERSONNEL ITEMS-JULY 1, 1997 Page 2

I ONS-AND-POSI-TIONS-Ordi-name-(2-Readtng'

tiara-of,Afrport-Tarminal-MaintorianceCoardinator-at-4b-o-same-rnonthly-compensation-fixed-in-Section-8.07-2-(Senior-Engineering-Assistantyof-P-ort-Ordinance-

t cur,ant-staffing-nseds,-

AMENDMENT OF SALARY SCHEDULE ASSIGNMENTS-Ordinance (2 Readings)

...and-Benerrts-Supoprisor-from--Salapj—Sonedule-243-(a-$40-3-5;-b-$4-237-;--c-$4449-;-cl

460,77+41-$6442F43-$68.28).

It is requested that the Board approve the amendment of salary schedule assignment for the classification of AirportOperations Specialist, Airside/Landside, from Salary Schedule 43.1 to the-samo-monthly-Campo nsationotion' I • •• • • •• . • 1 • • •Thance--8-67-(a-$3 • 1 I ! . 19-i-v-$4484,;-f--$47-40)-Salary

Schedule 98.0 (a-$4063; b-4268; c-$4484; d-$4742; e-$5015).

RESCISSION OF APPOINTMENTS-Resolution (1 Reading)

It is requested that the Board approve the rescission of the appointments of Ted Lee and Quen-Anh Tran who wouldhave been appointed to positions in the classification of Youth Aide, Class "D," (High School Interns) effectiveJune 16, 1997.

LEAVE OF ABSENCE-Resolution (1 Reading)

Mr. Joseph K. Wong requests that the Board ratify his leave of absence from his former Civil Service position of "PortPrincipal Engineer" to accept the exempt position of "Director of Engineering" in the Engineering Division effectiveJune 18, 1997.


FY 97-98 Budgeted I- I E: 583.80 I-IL

* Statistical breakdown of various Reliefs was not available during this period.** Count decrease due to three separations.

RECOMMENDATION

His recommended that the Board of Port Commissioners approve the preceding appointments, creation-of-classifications-and-positions,- amendment of salary schedule assignments-, and-rescission of appointments, and ratify the leave ofabsence.

— denotes deletiondenotes addition

• !!'. • _ • • • • •

e/SUBMITTED BY: Steven J. Grossman /)EXECUTIVE OFFICE RECOMMENDATION:

14AiRralkai4T

El MOTION

RESOLUTION

ORDINANCE

INICIMOI ATIr1111 rinu v

Et

BOARD ACTT N TAKEN DATE

Board of Port Commissiuliers - PORT OF OAKLAND


with Existing Tenant Hilltop Aviation Services, Inc.(#1 Airport Drive, South Airport)

Date: July 15, 1997

Item No. 3S

PROGRAM AREA

Airport Operations



Overall Operations

FACTUAL BACKGROUND:


PROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLICENSEE


"B" Hilltop Aviation 403sf of ticket counter space, $125/four hour max. No Change* 06/01/97

Services, Inc. 315.48sf of office space and continuous use period1,887sf of bag make-up space Plus 10% of Grossin Building M-101 Revenue


*Rate established 7/1/94 pursuant to Port Ordinance 1149.

This project has been determined to be categorically exempt from requirements of the California Environmental Quality Act and thePort CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions or amendments toleases or license and concession agreements where the premises or licensed activity was previously leased or licensed to thesame or another person, and involving negligible or no expansion of use beyond that previously existing.

RECOMMENDATION:


C:\WINDOWS\MLTOP.DOC

BOARD ACTION REQUIRED: 72/

JUL

997

RESOLUTION

q ORDINANCE

ri INFORMATION ()NI Y ARZIMIttrr ek • r-


Agenda SheetSUBJECT: Approval of an Agreement To Extend Right-of-Entry

and Indemnity Agreement With GTE Mobilnet of California(#1 Airport Drive, South Airport)

Date:Item No. 4S

PROGRAM AREA

July 15, 1997



9SUBMITTED BY: Steven J. Grossman -1

0 Maritime OperationsEXECUTIVE OFFICE RECOMMENDATION:

‘,_-_– q Overall Operations

FACTUAL BACKGROUND:

GTE Mobilnet of California ("GTE") entered into a Right-of-Entry and Indemnity Agreement (ROE Agreement) with thePort of Oakland effective February 3, 1997. The ROE Agreement covered approximately 200sf of terminal space(including necessary cable and utility runs) in the lower level of Terminal I at the Metropolitan Oakland InternationalAirport.

Five (5) radio antennas (global positioning satellite test antennas) were installed atop Terminals I and II. GTE has onlybeen authorized to install and operate an unmanned cellular telephone switching and radio transmitting/receivingstation, with related operational and maintenance uses. The current monthly rent is $1,250.00.

The above 45-day ROE Agreement was issued as an interim agreement while a proposed multi-year Lease was beingnegotiated. As the terms of the Lease were not finalized at the conclusion of the term of the ROE Agreement (March19, 1997), an Agreement To Extend Right-of-Entry and Indemnity Agreement ("ROE Extension") was approved, effectiveMarch 20, 1997 through July 17, 1997.

To continue GTE's occupancy, a second ROE Extension is proposed effective July 18, 1997 through November 14,1997 pending the finalization of the terms of the proposed multi-year Lease. The Port Attorney advises that theproposed Lease is near completion.

This project has been categorically exempt from requirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions oramendments to leases or license and concession agreements where the premises or licensed activity was previouslyleased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

RECOMMENDATION:

It is recommended that the Board pass a resolution approving the above-described Agreement to Extend Right-of-Entry and Indemnity Agreement with GTE Mobilnet of California.

C: \WINDOWS GTE.#3

BOARD ACTION REQUIRED: JUL 1_ r7


- v, SUBMITTED BY: Steven J. Grossmarv

•


ASiPtSTANT


Agenda SheetSUBJECT: Approval of License and Concession Agreement

with Corse-Air International Airlines, S.A. (Corsair)(#1 Airport Drive, South Airport)

Date: July 15, 1997

Item No. 5S

PROGRAM AREA

•Airport Operations


Maritime Operations


FACTUAL BACKGROUND:


PROPERTY DESCR/ PROPOSED AGREEMENTLESSEE LOCATION RATE DATE

Corse-Air 403sf ticket counter, $125/four hour max.*

5/01/97International 315.48sf office and continuous use periodAirlines, S.A. 1,887sf bag make-up(Corsair) space in Building M-101

*Rate established 7/1/94 pursuant to Port Ordinance 1149.

The letter "B" indicates that the Agreement was not previously considered by the Board in establishing a target rate foinegotiation.

This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or license and concession agreements where the premises or licensed activitywas previously leased or licensed to the same or another person, and involving negligible or no expansion of usebeyond that previously existing.

RECOMMENDATION:


C:WVINDOWSIBDLTR.CAI

BOARD ACTION REQUIRED: JUL 1 5 '997

El MOTION

RESOLUTION

0 ORDINANCE

mirr-IDINA/CrInK1 rInli

Agenda SheetBoard of Port Commissit–sers - PORT OF OAKLAND

LOCATION

Union City, CA

BIDDERS TOTAL BID PRICE

$43,960.00Tank Protect Engineering ofNorthern California, Inc.

San Leandro, CA

Sunnyvale, CA

$50,838.00

$52,962.60OGISO Environmental

Paradiso Mechanical, Inc.

FOSS Environmental &Infrastructure Service

Alameda, CA $53,250.76

Turn-Key ConstructionServices, Inc.

Oakland, CA $137,223.00

BOARD A TI • TAKEN DATE

"4460613-SECRETARY OF THE BOARD

SUBJECT: Award of Contract for Replacementof Fuel Storage Tank EF-04 at FireStation #2, 100 Jack London Square

SUBMITTED BY: Joseph K. Wong clips,e),„..8.—

EXECUTIVE OFFICE REC0170N:

FACTUAL BACKGROUND:

Date: July 15. 1997

Item No 1 6S

PROGRAM AREA

Airport Operations

1 x 1 Commercial Real EstateMaritime OperationsOverall Operations

Five bids were received and opened on June 25, 1997, for REPLACEMENT OF FUEL STORAGE TANKEF-04 AT FIRE STATION #2, 100 JACK LONDON SQUARE, OAKLAND, CALIFORNIA. The followingbids were received.

A copy of the bid canvass is on file. The engineer's estimate for the Total Bid Price is $41,000.

Tank Protect Engineering of Northern California, Inc. did not list any subcontractors with their bid and intendto perform all of the work themselves. Accordingly, it is recommended that Tank Protect Engineering ofNorthern California, Inc. be considered to be a responsible bidder for the purposes of this contract. ThePort's Office of Equal Opportunity concurs in this recommendation.

The funding source for the tank removal portion of the project is Port cash. The cost will be charged againstLiability Account No. 7342 which was created for removal of underground tanks.

The Capital Budget for Fiscal Year 1997 provides for the installation of the new tank under CIP Item No.P1.00602.02. The funding source is Port cash. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Tank Protect Engineering of Northern California, Inc. be found to be a responsiblebidder, that the contract for the above project be awarded to Tank Protect Engineering of NorthernCalifornia, Inc. for the amount of its low bid, that the other bids be rejected, and the bid securities bereturned to the respective bidders.

J U L 1 5 7997 BOARD ACTION REQUIRED:

MOTION

I x 1 RESOLUTION

ORDINANCE

r INFORMATION ONLY

Agenda SheetBoard of Port Commiss,__,ers - PORT OF OAKLAND

Evans Brothers, Inc. Livermore, CA $239,090.00

Ferma Corporation $253,102.00Mt.View, CA

Oakland, CAICONCO, Inc. $277,200.00

BIDDERS

Pacific Western Automotive, Inc., dbaCovey Trucking Co.

San Mateo, CA

LOCATION

Aman Environmental Construction, Inc. Covina, CA $227,680.00

TOTAL BID PRICE

$221,570.00

SUBCONTRACTORS LOCATION ETHNICITY MBE WBE LBAE DOLLAR AMOUNT OFEACH SUBCON-TRACTOR'S BID TOPRIME CONTRACTOR

FARC, Inc. Oakland, CA African American Yes Yes $81,200.00

Golden Bay Fence San Lorenzo, Hispanic Yes No YesCA

$11,000.00

Allied Waste Services, Inc. San Rafael, CA No No $2,800.00

1 xl

BOARD ACTION REQUIRED:MOTIONRESOLUTIONORDINANCEINFORMATION ONLY 44t8iSsP"fri SECRETARY OF THE BOARD

SUBJECT: Award of Contract for Demolitionof Building D-243, HarborTransportation Center

SUBMITTED BY: Joseph K. Wong C:t)t.c.ru4c4-----6—

EXECUTIVE OFFICE RECOMM D :

Date: July 15. 1997

Item No. 22S

PROGRAM AREA

Airport OperationsCommercial Real Estate

I xl Maritime OperationsOverall Operations

FACTUAL BACKGROUND:

Five bids were received and opened on June 25, 1997, for DEMOLITION OF BUILDING D-243, HARBOR TRANSPORTATIONCENTER, OAKLAND, CALIFORNIA. The following bids were received.


Covey Trucking Company listed three subcontractors with their bid, two of which are minority business enterprise (MBE) and localbusiness area enterprise (LBAE) contractors performing a total of 41.6% of the work. Accordingly, it is recommended that CoveyTrucking Company be considered to be a responsible bidder for the purposes of this contract. The Port's Office of Equal Opportunityconcurs in this recommendation.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP Item No. M6.00543.01. The funding source is Port bonds.The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Covey Trucking Company be found to be a responsible bidder, that the contract for the above project beawarded to Covey Trucking Company for the amount of its low bid, that the other bids be rejected, and the bid securities be returnedto the respective bidders.

BUILDING D-243

PORT OF OAKLAND INNER HARBORAREA D

DATEFILE FAATLAS\ AREAMAPS D-AREA

SCALE

Award of Contract forDemolition of Building D-243,Harbor Transportation Center

July 15, 1997

COMMISSIONERS









TELEPHONE (510) 272-1100





Tuesday, July 1, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of June 17, 1997.


See Item 40





7 Items.



AIRPORT

1S Recommended Approval of North Airport FeeIncreases. (Ordinance)

2S Award of Contract for Modifications to ExistingElectrical Systems, Buildings L-150 and L-210,North Field, MOIA. (Resolution)

3S Approval of New License and Concession Agreementwith Tri-Star Airline Services, Inc. (9351 EarhartRoad, North Airport). (Resolution)


11 Award of Contract for Martin Luther King, Jr.Regional Shoreline Wetlands Project. (Resolution).

12S Approval of a Building Permit Application forHahn's Hibachi Tenant Improvements, 66 FranklinStreet (Port Building No. F-107). (Resolution)

MARITIME

21 CONTINUED Approval of Consultant Agreement with ScienceITEM Applications International Corp. (SAIC) for

Professional Services to Perform Feasibility Studyand Environmental Documentation for the -50 FootNavigation Improvements (Dredging) Project.(Resolution)

22S Award of Contract for Construction of AC Overlayat N.E. Corner of Berth 20 Yard, Outer HarborTeLminal. (Resolution)

23S Approval of Plans and Specifications forDemolition of Maintenance Shed at Galbraith GolfCourse. (Resolution)

24S Approval of Plans and Specifications forConstruction of 115/112KV Substation and 12KVDistribution System - Phase III, Outer Harbor andSeventh Street Terminals. (Resolution)

2


OPERATIONS

31 AMENDED Personnel Items: Appointments; Amendment of

ITEM Salary Schedule Assignments; and Rescission ofAppointments. (Resolution and Ordinance)


33 Signatory Letter to City Council. (Motion)

34 (NASP) Amending Designation of Officers and StaffAuthorized to Sign Warrants and Documents.(Resolution)

CLOSED SESSION



Federal Aviation Administration, installation of aportion of the Low Density Radio CommunicationsLink being established in the Bay Area.

Vote on the following resolutions:Ayes: Commissioners Cole, Harris, Taylor and

Vice President Kramer - 4Noes: NoneAbsent: Commissioners Lockhart, Loh and President Ortiz - 3

RESOLUTIONS:

97199 1 AWARDING CONTRACT TO STEINY AND COMPANY, INC., FORMODIFICATIONS TO EXISTING ELECTRICAL SYSTEMS,BUILDINGS L-150 AND L-210, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS. (Airport - 2B)

97200 2 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH TRI-STARAIRLINES, INC. (Airport - 3S)

97201 3 AWARDING CONTRACT TO FANFA, INC., FOR MARTINLUTHER LING, JR. REGIONAL SHORELINE WETLANDSPROJECT, OAKLAND, CALIFORNIA, INCLUDING ALTERNATESB3 AND B6, FIXING THE AMOUNT OF BONDS, REJECTINGALL OTHER BIDS AND DIRECTING RETURN OF BID BOND TOBIDDERS. (Commercial Real Estate - 11)

97202 4 GRANTING MI HIU BASS, HYANG HUI KIM AND KAP KIM,DOING BUSINESS AS HAHN'S HIBACHI, PERMISSION TOPERFORM CERTAIN WORK.(Commercial Real Estate - 12S)

3


97203 5 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH SCIENCE APPLICATIONS INTERNATIONAL CORP.(SAIC) FOR MARITIME CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF SAID AGREEMENT. (Maritime - 21)

97204 6 AWARDING CONTRACT TO GALLAGHER & BURK, INC., FORCONSTRUCTION OF AC OVERLAY AT N.E. CORNER OF BERTH20 YARD, OUTER HARBOR TERMINAL, OAKLAND,CALIFORNIA, FIXING THE AMOUNT OF BONDS, REJECTINGALL OTHER BIDS AND DIRECTING RETURN OF BID BONDSTO BIDDERS. (Maritime - 22S)

97205 7 APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITIONOF MAINTENANCE SHED AT GALBRAITH GOLF COURSE,OAKLAND, CALIFORNIA, AND CALLING FOR BIDSTHEREFOR. (Maritime - 23S)

97206 8 APPROVING PLANS AND SPECIFICATIONS FORCONSTRUCTION OF 115/12KV SUBSTATION AND 12KVDISTRIBUTION SYSTEM - PHASE III, OUTER HARBOR ANDSEVENTH STREET TERMINALS, OAKLAND, CALIFORNIA, ANDCALLING FOR BIDS THEREfOR. (Maritime - 24S)


97208 10 AMENDING RESOLUTION NO. 97174 CONCERNING CERTAINAPPOINTMENTS. (Operations - 31)

97209 11 GRANTING LEAVE OF ABSENCE TO JOSEPH K. WONG, PORTPRINCIPAL ENGINEER. (Operations - 31)

97210 12 AMENDING PORT RESOLUTION NO. 92300 APPROVINGDESIGNATION BY EXECUTIVE DIRECTOR OF OFFICERS ANDEMPLOYEES AUTHORIZED TO SIGN WARRANTS AND OTHERDOCUMENTS. (Operations - 34)

97211 13 GRANTING THE UNITED STATES OF AMERICA, DEPARTMENTOF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATIONPERMISSION TO PERFORM CERTAIN WORK.(Blanket Authority)

Vote on the following ordinances:Ayes: Commissioners Cole, Harris, Taylor and

Vice President Kramer - 4Noes: NoneAbsent: Commissioners Lockhart, Loh and President Ortiz - 3

ORDINANCES:

1 Port Ordinance No. 3371 being, "AN ORDINANCEESTABLISHING A PASSENGER FACILITY CHARGE ANDAMENDING SECTION 28 TO PORT ORDINANCE NO. 1149RELATING TO CHARGES FOR USE OF FACILITIES ATMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT, ANDMAKING CERTAIN FINDINGS AND DETERMINATIONS INCONNECTION THEREWITH."

Final.


2 Port Ordinance No. 3372 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, ADDING SECTION7.1382, CREATING CLASSIFICATION AND REVISINGSECTION NO. 6.027."

Final.

3 Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 9 OF PORT ORDINANCE 1149 RELATINGTO CHARGES FOR USE OF FACILITIES AT METROPOLITANOAKLAND INTERNATIONAL AIRPORT."


4 Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 10.07 OF PORT ORDINANCE NO. 867AMENDING SALARY SCHEDULE ASSIGNMENT FORCLASSIFICATION OF AIRPORT OPERATIONS SPECIALISTAIRSIDE/LANDSIDE."


APPEARANCES:

ELECTION OF OFFICERS:

To be postponed until August 5, 1997.

ADJOURNMENT: Next regular meeting, Tuesday, July 15, 1997 at3:00 p.m.

5

LBAE TOTAL BASE BID PRICE TOTAL BASE BID PRICE PLUSADDITIVE ALTERNATIVES

(Local BusinessArea Enterprise)

B3 AND B6

BIDDERS

F Yes $1,196,294.61 $1,232,664.61

C No $1,164,300.00 $1,285,300.00

E No $1,329,080.00 $1,445,480.00

A_ Yes $1,455,500.00 $1,525,500.00

B Yes $1,554,060.00 $1,584,794.00

D

Yes $1,702,100.00 $1,745,100.00

G

Yes $1,813,170.00 $1,941,770.00

13

MOTION

RESOLUTION

D ORDINANCE

• INFORMATION ONLY

BOARD ACTION REQUIRED:- 79q7

DATE


Agenda Sheet„7,09SUBJECT: Award of Contract for Martin Luther King, Jr.

Regional Shoreline Wetlands Project

Airport Operations

Date: July 1, 1997

Item NO.11

PROGRAM AREA

SUBMITTED BY: Joseph K. Wong abSey`N-4.--,-^3..."-?r


CL/e.



Overall Operations

FACTUAL BACKGROUND:

Seven bids were opened on June 4, 1997, for construction of the MARTIN LUTHER KING, JR. REGIONALSHORELINE WETLANDS PROJECT, OAKLAND, CALIFORNIA. The following bids were received:

Bidder "G" withdrew it's bid due to a major clerical error in one of the deductive bid alternatives.

A copy of the bid canvass is on file. The Total Base Bid Price plus Additive Alternatives B3 and B6 is recommendedfor award. Additive Alternative B3 would provide for a special slope protection system for the Wetland Project, andAdditive Alternative B6 would provide for special grading of material excavated from the Wetland Project site anddeposited on an adjacent future Port development site. The Engineer's estimate for the work included in the TotalBase Bid Price plus Additive Alternatives B3 and B6 is $1,672,000. The Capital Budget for Fiscal Year 1997-98provides for the work under CIP Item Nos. SM.00517.01 and SM.00608.01. The funding source is Port cash.

Bidder F listed six subcontractors with their bid, four of which are minority-owned firms performing a total MinorityBusiness Enterprise (MBE) participation of 34.1%, based on the Total Base Bid Price. In addition, Bidder F listeditself and a surveying subcontractor as Disadvantaged Business Enterprises who will be doing 57.3% of the work.Accordingly, it is recommended that Bidder F, be considered to be a responsible bidder for the purposes of thiscontract. The Port's Office of Equal Opportunity concurs in this recommendation.

African-American

X $1,200.00Striping

SUBCONTRACTING ETHNICITY MBE WBE LBAE TOTAL AMOUNTAREA

Landscaping Hispanic X X $262,708.00

Underground Piping Hispanic X X $128,700.00

Hazardous Waste Hauling African-American

X X $14,950.00

Surveying X $26,500.00

Concrete/Bridge/Piles

X $102,994.00

All Other Work: Bidder F

X $659,242.61

Award of Contract for Martin Luther King, JrRegional Shoreline Wetlands Project

July 1, 1997Page 2

The recommended award of a contract is a necessary step in implementing the Consent Decrees in Golden GateAudubon Society. Inc. V. United States Arm y Corps of Engineers, C-87-6063-TEH, United States District Court forthe Northern District of California. The Consent Decrees entered in 1994, settled wetland fill litigation involving theSouth Airport and the Distribution Center. Under the Consent Decrees, the Port would be allowed to maintain asa permitted fill an approximately 39-acre Air Cargo Site at the Airport filled in the mid-1980s, and to maintain filland undertake additional fill in an approximately 35-acre site at the Distribution Center, but the Port is required toprovide $2,500,000 (partially subject to inflation) for construction and maintenance of the approximately 71-acreMitigation Project Site at the Distribution Center in order to mitigate for the fill. After construction, the Port willconvey title to the Mitigation Project Site to the East Bay Regional Park District. The Park District, usingunexpended portions of the $2,500,000 placed in an escrow account, will be responsible for maintenance andmonitoring of the Mitigation Project Site.

A recent California Court of Appeals decision in Southern California ruled that an alternative bid procedure, suchas the procedure used for the Wetlands Project here, was permissible so long as the procedure also excludedfavoritism and the appearance of impropriety. The Court of Appeals' concern was that the selection ofalternatives might be based on favoritism for a certain bidder instead of being based on legitimate concerns suchas price and other public benefits. The Court of Appeals specifically recognized two alternatives available to avoidfavoritism: (1) making the decision on alternatives without knowledge of the names of the bidders; and (2)determining the order of the alternatives prior to opening the bids. For the Wetlands Project, a limited budget ofapproximately $1,500,000 for the construction contract was available from the $2,500,000 of fixed funds, theremainder of the fixed funds having been spent or required to be set aside for planning, design and futuremonitoring and maintenance costs. Therefore, alternative bidding, which included Deductive Alternatives as wellas Additive Alternatives, was considered essential, but the order of alternatives would depend upon pricing andcould not be determined before bid opening. Accordingly, the Consent Decree parties and members of Port staffwho were involved in selecting the bid alternatives to be recommended for award (referred to as "theRecommendation Group") made their recommendations without knowledge of the names of the bidders beyondthe letter designation given to each bidder at the time of bid opening. The Recommendation Group quicklyreached consensus on the recommendation that is now before the Board. Only after this Agenda Item wasfinalized for transmittal to the Board were the names of the bidders revealed to the Recommendation Group.Other Port staff, who were uninvolved in selecting the recommended alternatives, verified the legal sufficiency ofthe bids (e.g., validity of bid bonds, contractor licenses, etc.)

n order to adhere to the alternative procedure identified by the Court of Appeals, it is recommended that theBoard approve the recommended selection of Additive Alternatives B3 and 136. After the Board selects theAlternatives, the names of the bidders will be provided to the Board. Unless the Board has some basis afterlearning the name of Bidder F to determine Bidder F is not a responsible bidder, it is then recommended that theBoard pass a resolution awarding the contract to Bidder F. If the Board should for some reason determine thatBidder F is not a responsible bidder, then the Board would move on to consider Bidder C and, in the event theBoard were to consider Bidder C not responsible, the Board would then move on to consider Bidder E. So far as

Award of Contract for Martin Luther King, JrRegional Shoreline Wetlands Project

July 1, 1997Page 3

Port staff can determine at the time this Agenda Item was posted, Bidder F is a responsible bidder. If, as a resultof the Recommendation Group's learning the name of the bidders after posting of the Agenda Item, any issue ofresponsibility should arise, the Board will be appropriately informed before it awards the contract. In the eventthat any serious question should arise about the validity of the alternative bidding selection process used for thiscontract, the Board should consider rejecting all bids and authorizing the Executive Director to contract on theopen market without formal competitive bidding. The basis for proceeding without further formal competitivebidding would be a finding and determination by the Board that it is in the best interests of the Port to do sobecause of the need to commence construction in the dry season, the loss of wetland environmental benefitsexpected to result from a year's delay in construction if formal competitive bidding is used again, and the benefitsin avoiding disputes among the parties to the Consent Decrees resulting from serious disruption in the ConsentDecree's schedule for completing the Wetlands Project.

RECOMMENDATION

It is recommended:

(1) that the Board pass a resolution selecting Additive Alternatives B3 and B6; and

(2) that the Board pass a resolution finding that Bidder "F" is the lowest responsible bidder, awarding thecontract to Bidder "F" for the amount of its low bid for the Total Base Bid Price Plus Additive Alternatives B3 andB6, and rejecting all other bids and returning bid securities to the respective bidders.

% OFFIRM MBE/WBE/LBA WORK SCOPE TOTAL BUDGET

Project Administration, Air Quality,Biology

SAIC 46%

Project/Alliance Partner, DeputyProject Manager and Local Liaison,Human Health, Hazardous Materialsand Waste

GAZA WBE/LBA19%

Ackland International MBE/LBA Visual Resources, Land Use,Recreation, Public Access 3%

Basin Research LBA Cultural Resources I 2%

Dowling MBE/LBA Transportation and Circulation J 4%

Geier & Geier MBE/WBE/LBA Socio-economics Noise I 3%

H&H Ecoprises MBE/WBE/LBA Environmental Justice,Public Participation 3%

Uribe MBE/LBA Hydrology, Groundwater,Hydrogeology, Water Quality,Geology, Soils, Seismicity, Flooding,Stormwater

20%

X

1I


BOARD ACTION REQUIRED: 7;:z

BOA D/ACTION TAKEN

/—

AS-'7:1S7A-IsfT SECRETARY OF THE BOAR

U L - 1 1997

DATE


SUBJECT: Approval of Consultant Agreement withScience Applications International Corp. (SAIC)for Professional Services to Perform FeasibilityStudy and Environmental Documentation for the-50 Feet Navigation Improvements (Dredging) Project

Date- July 1, 1997

Item No. 21

PROGRAM AREA

I I

Airport Operations

II Commercial Real Estate(xi Maritime Operations

I Overall OperationsSUBMITTED BY: Joseph K. Wong Ov4l6 1^-kr----75"--


FACTUAL BACKGROUND:CO

r 17 I-1771.1) !TVIVIL 4 .k4,1 ts.L-?.,

In order to obtain cost-sharing authorization through the Water Resources Development Act of 1998for the -50 Feet Navigation Improvements Project, the Port must finalize a feasibility study andenvironmental documentation. The Board has previously approved contracts for geotechnical,sediment investigation, and Middle Harbor disposal/habitat design. Staff now requests approval tocontract with Science Application International Corp. (SAIC) to perform feasibility study andenvironmental documentation to meet the May 1998 authorization submittal deadline.

Staff solicited qualifications from more than 500 firms and sent Requests for Proposal to ten firms.Four proposals were submitted. Two firms were invited to interview; the SAIC team was selected.The SAIC team consists of the following firms proposing to complete the following percentages ofwork:

* Offices in Emeryville, San Francisco, Santa Barbara. Emeryville office will provide projectadministration.

Approval of Consultant Agreement with Science Applications International Corp. (SAIC)for Professional Services to Perform Feasibility Study and Environmental Documentationfor the -50 Feet Navigation Improvements (Dredging) ProjectJuly 1, 1997Page 2

The Port's Office of Equal Opportunity agrees with the selection. SAIC has offices in Emeryvilleand San Francisco, but some technical work will be performed in Santa Barbara. Local areafirms will perform about 54 percent of the work, not counting SAIC's Emeryville office, with 52percent of total work performed by MBEANBE firms.

All firms will perform work on as scoped time and materials basis. The cost for the feasibilitystudy and environmental documentation is $970,000. Because staff expects changes andadditions to the work planned as a result of public scoping meetings and more public commentsthan budgeted on the Draft EIS/EIR, a not-to-exceed budget authorization of $1,170,000, plus acontingency allowing Executive Director approval of $330,000, totaling $1,500,000, is requested.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP Item No. MA.02871.01.The funding source is Port cash.

RECOMMENDATION:

It is recommended that the Board authorize:

1. the preparation and execution of an Agreement with SAIC to complete the feasibility study andenvironmental documentation for the -50 Feet Navigation Improvement Project in the amountof $1,170,000 and in accordance with the provisions above; and

2. the Executive Director to approve additional change-in-scope work in an amount up to$330,000, if needed.


1x1I1

ri MOTION

x 1 RESOLUTION

ORDINANCE

INFORMATION ONLY

BOARD,ACTION TAKEN DATE


SUBJECT: Personnel Items Date: July 1, 1997

- Appointments Item No. 31

- Amendment of Salary Schedule Assignments-- Rescission of Appointments "ENDED ITEM PROGRAM AREA- Leave of Absence ri Airport Operations



FACTUAL BACKGROUND:

APPOINTMENTS - Resolution (1 Reading Required


Name 'Title/DivisionType of Effective

Appointment Date Salary/Wage

FLAler-Tornpl '4ns,-Fraith--Reciassification-faf--Personnel-Technician—Position---Re-designation-of--inctenbent

Payroll-and-Benefits-Analyst• e ; : •

Corporate-Athninistrative

Civil-Servio' 7171-97 $4,1-341monthrate "a"

Rico-Duenas, Rosa Telephone Operator Civil Service 7/7197 $2,775/month- Budgeted Vacant Position Airport Operations, Airside rate "c"

Aviation Division

Casey, Kenya Youth Aide, Class "C" Exempt from 7/2197 $8.94/hour- College Internship Civil Service

Program

Curtis, Stephanie Youth Aide, Class "C" Exempt from 7/2197 $8.94/hour- College Internship Civil Service

Program

Nauioks, Frederick Youth Aide, Class "C" Exempt from 7/2197 $8.94/hour- College Internship Civil Service

Program

Llamas, Jose Youth Aide, Class "D" Exempt from 7/2197 $5.00/hour- High School Internship Finance Division Civil Service

Program- Castlemont High School

Pho, Henry- High School Internship

Program- Oakland High School

Youth Aide, Class "D" Exempt from 7/2/97 $5.00/hourMIS Department Civil Service

Corporate AdministrativeServices Division

c7-76'7 - 1 1997


Maritime Operations

Overall Operations

b $1237; c $1119; d-$474-6-;-e-$49-9-94-to Sa 13 ry

EMPLOYEES AS OF AS OF AS OF AS OF2/1/91 7/2/96 6/17/97 7/1197





Relief Airport Custodians(Intermittent, PM

11.00 FTE* 10.00 FTE

0.00 FTE

8.00 FTE 8.00 FTE

0.00 FTE 0.00 FTE

TOTAL 1- i E 625.35 FTE 569.98 FTE 557.00 FTE 554.00 FTE


■

osition-of-tha-stassificati.30-(a--$4878;-b $5125; c $53134;-d-56.94;-e-$602

G-CTGatio,n-and--one-poSition-e#4149-64aSati-G. -11-0f-Fire-Prevention-Systems

-Division-to-moet-su-nrent-staffing-needsr

Akport-Tern inal-11Aaintenance

ion-D4vfsion-to-m-aat-surrant-staffing-n-seds

AMENDMENT OF SALARY SCHEDULE ASSIGNMENTS-Ordinanot12 Readings)

It is requested that the Board approve the amendment of salary schedule assignment for the classification of AirportOperations Specialist, Airside/Landside, from Salary Schedule 43.1 to the-same-monthly-componsation-fixed-in-Section

;_e_44434„4_4474.04_- SalarySchedule 98.0 (a-$4063; b-4268; c-$4484; d-$4742; e-$5015).

RESCISSION OF APPOINTMENTS-Resolution (1 Reading)

It is requested that the Board approve the rescission of the appointments of Ted Lee and Quen-Anh Tran who wouldhave been appointed to positions in the classification of Youth Aide, Class "D," (High School Interns) effectiveJune 16, 1997.

LEAVE OF ABSENCE-Resolution (1 Reading)

Mr. Joseph K. Wong requests that the Board ratify his leave of absence from his former Civil Service position of "PortPrincipal Engineer" to accept the exempt position of "Director of Engineering" in the Engineering Division effectiveJune 18, 1997.



* Statistical breakdown of various Reliefs was not available during this period.** Count decrease due to three separations.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments,and-position-sr amendment of salary schedule assignments, and-rescission of appointments, and ratify the leave ofabsence.

-- denotes deletiondenotes addition


SUBJECT: Amending Designation of Officers and Staff Authorized toSign Warrants and Documents

SUBMITTED BY: Sonali Boserli-q)-

EXECUTIVE OFFICE RECOMMENDATIONO

Date: July 1, 1997 Item No. 34 (HASP)

PROGRAM AREAAirport OperationsCommercial Real EstateMaritime Operations

Xi Overall Operations

FACTUAL BACKGROUND:

The Board is asked to amend the designation of officers and staff authorized to sign warrantsand approve claims, demands, and other similar documents. Currently the positions of Director ofCommercial Real Estate and Director of Maritime Services are vacant. Due to variouscommitments, other Port signatories are frequently unavailable to sign. Therefore it is urgent thatthe Board also authorize the Port Internal Auditor and the respective "Acting" designee to signwarrants.

The following officers and staff of this Board are hereby recommended to sign warrants uponthe funds and to approve claims, demands, and other similar documents:

1. Warrants upon the Port Revenue Fund and Port Construction Funds and wire transferauthorizations: Executive Director; Director of Aviation; Director of Maritime Services; Director ofCommercial Real Estate; Director of Engineering; Chief Financial Officer; Chief AdministrativeOfficer and Port Internal Auditor; or the respective "Acting" designee, as appointed by the ExecutiveDirector or Board, will sign on behalf of the Port provided that any such warrant that exceeds thesum of $14,999.99 shall require the signatures of two of the said officers or employees;

2. Payroll distribution report and invoice vendor report: Accounting Manager; or Chief Financial Officeror their authorized designees; and

3. Accounting documents maintained in the ordinary course of Port business, such as journalvouchers, individual claim documents, petty cash vouchers and monthly reports to external parties:Chief Financial Officer or Accounting Manager; or their authorized designees.

RECOMMENDATION:

It is recommended that the Board of Port Commissioners authorize the amendment of the designationof officers and staff authorized to sign warrants and other documents as stated above.


X MOTIONRESOLUTIONORDINANCEINFORMATION ONLY

MIlltr-ragla

,2/Z) 7997

BOARr0 ACTION TAKEN DATEzy

..'"AM.-----,'; i'"2'-`6f-g::2•68-'4--<..-- A& STAN SECRETARY OF THE BOAR(D"

APPROV'MO.


EXECUTIVE OFFICE RECOMMENDATION: 711


Agenda SheeDate: July 1, 1997

Item No 40

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations




City of Oakland v. Steam Valve Machine Companyu, et al, Alameda CountySuperior Court Case No. 777068-7

Samuel Walton v. Port of Oakland, Workers' Compensaltion Appeals BoardNo. OAK 0236532

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:Three cases.

PERSONNEL AND CONFERENCE WITH LABOR NEGOTIATIONS. PORT OFOAKLAND AND LOCAL 790, as provided for under Government Code Section54957.0 and 54957.6.

DARD ACTION REQUIRED:


RESOLUTION

D ORDINANCE


SUMMARY AGENDA OF BOARD CALENDARJuly 1, 1997

AIRPORT

is Recommended Approval of North Airport FeeIncreases. (Ordinance)

Recommends approval of the annual increase forrates and charges on the North Airport.

2S Award of Contract for Modifications to ExistingElectrical Systems, Buildings L-150 and L-210,North Field, MOIA. (Resolution)


3S Approval of New License and Concession Agreementwith Tri-Star Airline Services, Inc. (9351 EarhartRoad, North Airport). (Resolution)

Recommends approval of a new agreement for officespace on the North Airport.


12S Approval of a Building Pezmit Application forHahn's Hibachi Tenant Improvements, 66 FranklinStreet (Port Building No. F-107). (Resolution)

Recommends approval for the construction of therestaurant improvements.

MARITIME

22S Award of Contract for Construction of AC Overlayat N.E. Corner of Berth 20 Yard, Outer HarborTerminal. (Resolution)


23S Approval of Plans and Specifications forDemolition of Maintenance Shed at Galbraith GolfCourse. (Resolution)


24S Approval of Plans and Specifications forConstruction of 115/112KV Substation and 12KVDistribution System - Phase III, Outer Harbor andSeventh Street Terminals. (Resolution)


Summary Agenda of Board CalendarJuly 1, 1997Page 2

ORDINANCES:

Port Ordinance No. 3371 being, "AN ORDINANCEESTABLISHING A PASSENGER FACILITY CHARGE ANDAMENDING SECTION 28 TO PORT ORDINANCE NO. 1149RELATING TO CHARGES FOR USE OF FACILITIES ATMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT, ANDMAKING CERTAIN FINDINGS AND DETERMINATIONS INCONNECTION THEREWITH."

Provides for amending the Passenger FacilityCharge.

Port Ordinance No. 3372 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, ADDING SECTION7.1382, CREATING CLASSIFICATION AND REVISINGSECTION NO. 6.027."

Provides for creating a classification.

I II I


PROGRAM AREAAirport Operations


Board of Port Commissi. r s - PORT OF OAKLAND

Agenda SheetSUBJECT: APPROVAL TO COLLECT AND SPEND PASSENGER FACILITY Date: June 17, 1997

CHARGES (PFC'S) RELATED TO THE SEVENTH PFC APPLICATION Item No. 2AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT

FACTUAL BACKGROUND:

On April 30, 1997 the Federal Aviation Administration approved the Port's seventh application to impose and use passengerfacility charges (PFC's) in the amount of $33 million. The FAA approved four projects for the imposition and use of PFCrevenue and one project for imposition only. MOIA has been authorized to collect a total of $83.6 million in PFC's.

Collection will continue at the current PFC level which is $3.00 per enplaned passenger. The Airlines will retain $0.08 astheir administrative fee on each PFC remitted. Frequent flyers are exempt from paying the $3 PFC when enplaning at OaklandAirport.

PFC's at the Port are considered a tariff which must be imposed by ordinance. On August 4, 1992 the Board of PortCommissioners adopted Port Ordinance no. 3106, which amended Port Ordinance No. 1149 and imposed PFC's at theMetropolitan Oakland International Airport in accordance with the Aviation Safety and Capacity Expansion Act of 1990. Inthe interim, the Board has subsequently amended Port Ordinance No. 1149 for subsequent PFC and FAA approved projects.The Board should amend Port Ordinance No. 1149 in order to extend the $3.00 PFC and approve collection of the PFC's forthe projects approved by the FAA.

The proposed action to establish and collect the PFC's in accordance with the California Environmental Quality Act (CEQA)and the State's and the Port's Guidelines for the Implementation of CIECIA has been evaluated. This evaluation includes boththe potential impact of extending the PFC collection program for five new projects, and the impact of the underlying project.

Three of the five projects in the PFC application are Categorically Exempt from the requirements of CEQA under the provisionsof Section 15301 and 15306 of the CEQA guidelines. On February 18, 1997 a mitigated negative declaration was approvedby the Board of Port Commissioners for the Baggage Claim Improvement project. Environmental certification is not requiredat this time for the project approved for imposition only - Construction of the Remote Overnight Parking Apron.

PFC SEVEN SUMMARY:

PROJECTUpgrade of Airport Public Address & Paging SystemAirfield Lighting & Marking ImprovementsConduct Pilot Noise Insulation ProgramBaggage Claim Improvements in Terminals One and TwoConstruct Remote Overnight Parking Apron(impose only)

RECOMMENDATION:

AMOUNT150,000591,496240,000

2,030,00030,000,000

TOTAL: $33,01 1,496

It is recommended that the Board give first reading to an ordinance amending Port Ordinance No. 1149 to extend the $3.00PFC per enplaned passenger at the Airport for the projects approved by the FAA for PFC funding under PFC applicationnumber seven.



RESOLUTIONX I ORDINANCE


AMENDEDSUBMITTED BY: ilbert Apodac

EXECUTIVE OFFI RECOMMENDATION: Charles W. Foster



- Appointments- Creation of Classification and Positions

FACTUAL BACKGROUND:

APPOINTMENTS - Resolutions (1 Reading Required)


Date: June 17, 1997

Item No. 31

PROGRAM AREA

Airport Operations


Maritime Operations

FC-1 Overall Operations

DUPLICATE

OF PRIORCALENDAR MEMO

Type ofName Title/Division Appointment

EffectiveDate Salary/Wage

6/18/97 $9,469/monthwithin Salary

Grade 16

XXX Director of Engineering Exempt from- Budgeted Vacant Position Engineering Division Civil Service- Promotion of Port

Employee (Item #125A of Staffing Plan)

Civil ServiceTabilin, Cristina L- Reclassification of"Procurement Analyst"Position

- Redesignation ofIncumbent

Senior Procurement AnalystPurchasing Department

Finance Division


6/23/97 $5,131/monthrate "c"

Civil ServiceKilgore, Gennise A.- Reclassification of"Port Purchase OrderContract Administrator"Position


Procurement AnalystPurchasing Department

Finance Division


6/23/97 $4,392/monthrate "c"

-Gastieboriry-,-Diann---Buttgetecl--New-Position-

-Port-Hekt-Rept I tivel -Exempt-fret- -443/9 .7- $3,r.C2/monttr--eovernmental-Affairs-

=pal

Nasario, Sheila D.- Budgeted Vacant Position

Relief Telephone Telephone OperatorAirport Operations, Airside

Aviation Division


Exempt from 6/211/97 S16.04/hourCivil Service rate "c"


[ I MOTION BOARD ACTION TAKEN DATE

rx RESOLUTION

I x I ORDINANCE



Part-lime Employees 2.13 FTE


11.00 FTE*

AS OF6/18/96

554.00 FTE

3.00 FTE

2.98 FTE

10.00 FTE

AS OF

AS OF

6/3/97

6/17/97

543.00 FTE 543.00 FTE

3.00 FTE 3.00 FTE

3.00 FTE 3.00 FTE

8.00 FTE 8.00 FTE

EMPLOYEES

AS OF2/1/91

Relief Airport Custodians

(Pin _


0.00 FTE 0.00 FTE 0.00 FTE

625.35 FTE 569.98 FTE 557.00 FTE 557.00 FTETOTAL FTE

AGENDA SHE PERSONNEL ITEMS–JUNE 17, 1997 Page 2

CREATION OF CLASSIFICATION AND POSMONS (Kern #128A of Staffing Plan)–Ordinance (2 Readings)

It is requested that the Board approve the creation and one position of the classification of Port Technical SupportAnalyst II at Salary Schedule 228 (a–$3477; b–.$3650; c–$3831; d–$4062; e–$4305) in the MIS Department of theCorporate Administrative Services Division to meet staffing needs.

It is requested that the Board approve the creation of an additional position of the classification of Legal Assistant IIIin the Port Attorney's office to meet current staffing needs.




RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments, and creation ofclassification and positions.

-- denotes deletion

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

tavt,/

ASSi::TAN7 SECRETARY OF THE BOARIS

ON TAKE DATEBOAR

Board of Port Commissioners - PORT OrDAKLAND

Agenda SheetSUBJECT: Recommended Approval of

Date: July 1, 1997

North Airport Fee Increases Item No.

PROGRAM AREA

I xj Airport Operations


SUBMITTED BY: Steve Grossman


EXECUTIVE OFFICE RECOMMENDATION: Overall Operations

FACTUAL BACKGROUND:In May 1979, the Board adopted a policy of linking rates and charges of certain North Airport activitiesand properties to the previous calendar year's Consumer Price Index for Urban Wage Earners andClerical Workers (CPI-W).

The San Francisco-Oakland area calendar year 1996 CPI-W increase was 2.3%. Therefore, fees governing aircraftparking, assigned ramp spaces, T-hangars, Port-A-Ports and tiedowns would be increased 2.3% effectiveAugust 1, 1997.

Proposed monthly increases are as follows:

PRESENT PROPOSED

Blimp $933.00 $954.00Tiedown - Taxi-in/Taxi-out 117.00 120.00Tiedown, 40 ft. or less 82.00 84.00Tiedown, 50 ft. or less 116.00 119.00Tiedown, 75 ft. or less 175.00 179.00Tiedown, 100 ft. or less 195.00 199.00Tiedown, 125 ft. or less 303.00 310.00Tiedown, 150 ft. or less 441.00 451.00Tiedown, 175 ft. or less 586.00 599.00Tiedown, 200 ft. or less 722.00 739.00Tiedown, over 200 ft. 871.00 891.00T-hangar - 840 sq. ft. 178.00 182.00T-hangar - 960 sq. ft. 201.00 206.00T-hangar - 1110 sq. ft. 235.00 240.00T-hangar - 1152 sq. ft. 244.00 250.00T-hangar - 1596 sq. ft. 334.00 342.00Port-a-Port, single engine 182.00 186.00Port-a-Port, light twin 221.00 226.00Ramp Space, 1060 sq. ft. 127.00 130.00Ramp Space, 1340 sq. ft. 171.00 175.00Ramp Space, 2050 sq. ft. 256.00 262.00Ramp Space, unspecified 89.00 91.00

RECOMMENDATION:

It is recommended that the above present fees be increased by 2.3% effectiveAugust 1, 1997, as proposed.

BOARD ACTION REQUIRED: a1/441-ftwaj Ofdi-rz,4406

JUL - 1 1997

ECifa

X

L

BIDDERS

Steiny and Company, Inc.

Watson Electric, Inc. San Pablo, CA $193,350.00

LOCATION

Vallejo, CA

TOTAL BID PRICE

$128,763.40

SUBCONTRACTORS LOCATION ETHNICITY MBE VVBE LBAE DOLLAR AMOUNT OF EACHSUBCONTRACTOR'S BID TOPRIME CONTRACTOR

CAL Electric Emeryville, CA African Yes No YesAmerican

$34,000.00


MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY

Board of Port Commit-. _mars - PORT OF OAKLAND

-70 Agenda Sheet

SUBJECT: Award of Contract for Modifications toExisting Electrical Systems, Buildings L-150and L-210, North Field, MOIA

SUBMITTED BY: Joseph K. Wong 1_°51v44"-)


Date: July 1. 1997

2S Item No

PROGRAM AREA

Airport Operations



FACTUAL BACKGROUND:

Two bids were received and opened on June 11, 1997, for MODIFICATIONS TO EXISTING ELECTRICALSYSTEMS, BUILDINGS L-150 AND L-210, NORTH FIELD, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA. The following bids were received.


Steiny and Company. Inc. listed one subcontractor with their bid. The subcontractor is a minority businessenterprise (MBE) and a local business area enterprise (LBAE) performing a total of 26.4% of the work whichmeets the MBE participation goal for this contract.

The Port's Office of Equal Opportunity has reviewed Steiny and Company, Inc.'s "good faith efforts" tosecure MBEs and has found that they had contacted numerous subcontractors listed in the Port's MBEDirectory in the listed subcontracting areas. The Port's Office of Equal Opportunity has determined thatSteiny and Company. Inc. has met the "good faith efforts" guidelines established. Accordingly, it isrecommended that they be considered to be a responsible bidder for the purposes of this contract.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP No. A1.00453.01. The fundingsource is Port revenue bonds. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Steiny and Company. Inc. be found to be a reSponsible bidder, that the contract forthe above project be awarded to Steiny and Company, Inc. for the amount of its low bid, and that the otherbid be rejected and the bid security be returned to that bidder.

Approval of Award of Contract

July 1, 1997for Modifications to Existing Electrical SystemsBuildings L-150 and L-210,North Field, MOIA




MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

l x IH

A



with Tri-Star Airline Services, inc. (9351 Earhart Road„North Airport)

Date: July 1, 1997

Item No. 3S

PROGRAM AREAjx1 Airport Operations


II Maritime OperationsOverall Operations

FACTUAL BACKGROUND:


PROPERTY DESCR/ PROPOSED AGREEMENTLICENSEE

LOCATION RATE DATE

"B" Tri-Star Airline 93sf of office space t 250.00/mo 611197Services, Inc. in Bldg. L-142 5 2.688 + psf



RECOMMENDATION:


C: NWP51Wiles \ board \tristar.bd

Glii*MANT SECRETARY OF THE BOARD

MOTION

E RESOLUTION

ORDINANCE

INFORMATION ONLY



Agenda SheetSUBJECT: Approval of a Building Permit Application for

Hahn's Hibachi Tenant Improvements,66 Franklin Street (Port Bldg No. F-107)

SUBMITTED BY: Joseph K. Wong 6)5,15-ri^k-"'") 'I.--


Date: July 1. 1997

Item No. 12S PROGRAM AREA

Airport Operations




FACTUAL BACKGROUND:

Hahn's Hibachi has submitted a permit application to make tenant improvements to their newleased space in the former Port office building, now known as the Tribune Building. The workinvolves installation of a raised open-air seating area in the front of the building, exterior facaderemodeling, and interior improvements in the vacant space on the ground floor of the TribuneBuilding. Hahn's will occupy approximately 2000 s.f., with approximately half the space devotedto seating. The Port's Design Review Committee reviewed the exterior modifications andrecommends approval.


• Installation of a raised open-air platform to match the interior floor level, about 12" abovethe sidewalk level, along the entire storefront, extending approximately 7' from the building,with a ramped entrance in the center;

• Installation of a low metal railing around the platform perimeter with gates separating theseating area from the entrance;

• Installation of marble tiles and new stucco on the exterior of the storefront with wooddoors and trim;

• Modification of the existing awning, including installation of curved ends and copper edging;

■ Construction of a tower at the corner of the building at Franklin and Embarcadero,approximately 6 feet above the existing parapet height, with a lantern at the top;

■ Installation of kitchen equipment, counters, and washing facilities for a full-servicerestaurant;

■ Construction of walls and installation of fixtures to create a toilet room and office;

■ Installation of furnishings and finish materials;

• Modification of electrical/mechanical systems related to the above work.

The work is Categorically Exempt under the California Environmental Quality Act (CEQA) and thePort's CEQA Guidelines.

The estimated value of the work is $200,000.

RECOMMENDATION:



P -t" iNKFfri:W

"- 72-(7 JUL - isv

X�5-

SUBJECT: Award of Contract for Construction ofAC Overlay at N.E. Corner ofBerth 20 Yard, Outer Harbor Terminal

SUBMITTED BY: Joseph K. Wong ays---tsr-u...)..EXECUTIVE OFFICE RECOMMENDATION:

Date. July 1, 1997

Item No. 22S



BOAR FfION TAKEN DATE

//-etararartmr-r SECRETARY OF THE BOARD


FACTUAL BACKGROUND:

Four bids were received on June 4, 1997, for CONSTRUCTION OF AC OVERLAY AT N.E. CORNER OF BERTH 20 YARD,OUTER HARBOR TERMINAL. The following bids were received:

BIDDERS LOCATION

Gallagher & Burk, Inc. Oakland, CA

Ransome Company Oakland, CA

Esquivel Grading & Paving, Inc. San Francisco, CA

Bay Cities Paving & Grading, Inc. Concord, CA

TOTAL BID PRICE

$57,190.00

$57,920.00

$63,700.00

$79,040.00

A copy of the bid canvas is on file. The Engineer's estimate for the work is $60,000.00

Gallagher & Burk, Inc., the low bidder, did not list any subcontractors with their bid and intend to perform all of thework themselves. Accordingly, it is recommended that Gallagher & Burk, Inc. be considered to be a responsible bidderfor the purposes of this contract. The Port's Office of Equal Opportunity concurs in this recommendation.

The cost of the asphalt concrete overlay work is budgeted under CIP No. M1.00495.06 for Fiscal Year 1998. Thefunding source is Port bonds.

RECOMMENDATION:

It is recommended that Gallagher & Burk, Inc. be found to be a responsible bidder, that the contract for the aboveproject be awarded to Gallagher & Burk, Inc. for the amount of its low bid, and that the other bids be rejected and thebid securities be returned to the respective bidders.

BOARD ACTION REQUIRED: tPPP,

1_ - 1 1997


q MOTION

RESOLUTION

q ORDINANCE

• INFORMATION ONLY


- (

AlAwzwirr SECRETARY OF THE BOARD


Shia


Demolition of Maintenance Shed atGalbraith Golf Course

PROGRAM AREA

• Airport Operations

• Commercial Real EstateSUBMITTED BY: Joseph K. Wong

Maritime OperationsEXECUTIVE OFFICE RECOMMENDATION


FACTUAL BACKGROUND:

Plans and Specifications have been prepared for the DEMOLITION OF MAINTENANCE SHED ATGALBRAITH GOLF COURSE, OAKLAND, CALIFORNIA, and are hereby submitted for approval andauthorization to advertise for bids.

The project consists of demolition and disposal of a steel frame maintenance shed, including allappurtenances, landscaping, debris and abandoned vehicles and disconnection of utilities. The buildingsite and the nearby area will be cleared and graded.

The structure to be demolished is dilapidated and unrentable and its presence is a detriment to futureuse of this site. The building contains asbestos, lead-based paint and other hazardous materials.Further, the building may attract transients.

This project has been determined to be categorically exempt from the requirements of the CaliforniaEnvironmental Quality Act pursuant to the Port's CEQA Guidelines.

The Capital Budget for fiscal year 1997 provides for this work under CIP Item No, MA.02870.19. Thefunding source is Port cash.

RECOMMENDATION

It is recommended that the plans and specifications be approved and authorization be granted toadvertise for bids to be received on August 6, 1997.

Date: July 1, 1997

Item No. 2 3 S

an- 1 1s9,11,2110"CrZi> r "Pra>07.jeneBOARD ACTION REQUIRED:


°,70


Construction of 115/12KV Substation and12KV Distribution System - Phase III, OuterHarbor and Seventh Street Terminals

SUBMITTED BY: Joseph K. Wong c35•5-•1/47■+Ac-.—.).---er-


Date: July 1 1997

Item No 24S

PROGRAM AREA

Airport Operations


I x Maritime Operations

pi Overall Operations

FACTUAL BACKGROUND:

Plans and Specifications have been prepared for CONSTRUCTION OF 115/12KV SUBSTATION AND 12KVDISTRIBUTION SYSTEM - PHASE III, OUTER HARBOR AND SEVENTH STREET TERMINALS,OAKLAND, CALIFORNIA and are hereby submitted for approval and authorization to advertise for bids.

The work consists of extending the 12KV underground distribution system from the existing 115/12KV mainsubstation to Berth 24 and installing new switchgear at Berth 24 to serve all the cranes at the Outer HarborTerminals. This distribution system will provide the required power for future crane loads, and the existingPG&E power will remain available as a back up for even better reliability. When this project is completed,all the cranes at the Seventh Street and Outer Harbor Terminals will be served from the same Port source.This will allow the cranes at Berth 26, after they are articulated and wharf modifications are made, totraverse a curved track to Berth 30 for use at both berths.

The construction of the 115/12KV electric substation and the 12KV underground distribution system fromthe substation to Berth 30 were completed under Phase I of this work in 1995. Phase II which is currentlyin construction will extend power from Berth 30 to the remainder of the Seventh Street Terminals. Thisproject, Phase III, will complete the work and provide spare breakers and additional power for futureexpansion.

The California Environmental Quality Act requirements for environmental review were completed with Boardcertification of the Initial Study/Negative Declaration for the Port of Oakland Proposed Harbor Area PowerSystems Improvement Project on November 7, 1989.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP Item No. MA.03040.01. Thefunding source is Port Cash and Bonds.

RECOMMENDATION:

It is recommended that the plans and specifications be approved and authorization be granted to advertisefor bids to be received on August 6, 1997.

•=--+Nr.

SIXP ituJUL - 1 1997


MOTION ON TAKEN DATEBOAR

RESOLUTION

NANCEORDI

INFORMATION ONLY SECRETARY OF THE BOARD/






COMMISSIONERS







Tuesday, June 17, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of May 20, 1997 and regularmeeting of June 3, 1997.


See Item 40



REPORT OF CHIEF FINANCIAL OFFICER:

Regular MeetingJune 17, 1997


6 Items.



AIRPORT

1 Authorization to Accept Informal Quotations forthe Purchase and Installation of Signs for theMetropolitan Oakland International Airport SignProgram. (Resolution)

2 Approval to Collect and Spend Passenger FacilityCharges (PFC's) Related to the Seventh PFCApplication at Metropolitan Oakland InternationalAirport. (Ordinance)

3S Approval of Agreement to Extend Right-of-Entry andIndemnity Agreement with United States PostalService (Alan Shepard Way, South Airport).(Resolution)

4S Approval of Plans and Specifications forConstruction of Asphalt Concrete Overlay forTaxiways V and Y, South Airport, MOIA.(Resolution)

5S Approval of Plans and Specifications for Reroofingof Building L-820, North Airport, MOIA.(Resolution)



12S Recommended Finding of Public Convenience orNecessity for Approval of the Alcoholic BeverageLicense for the Masonic Building and HoldingAssociation, 8105 Capwell Drive (Bldg. K-429).(Resolution)

2


MARITIME

21 Approval of Increased Contingency Funding andAuthorization for the Executive Director toRescope Tasks Under the Agreement with HartmanConsulting Group. (Resolution)

22 HELD Approval of Consultant Agreement with ScienceOVER Applications International Corp. (SAIC) for

Professional Services to Perform Feasibility Studyand Environmental Documentation for the -50 FootNavigation Improvements (Dredging) Project.(Resolution)

23 Authorization to Prepare and Execute an Agreementwith Laurel Marcus and Associates for theEvaluation of Regional Upland RehandlingFacilities for Contaminated and Clean DredgedMaterials. (Resolution)

24S Contract for Consultant to Provide Instruction andRelated Activities for Maritime Division'sMaritime Training Program. (Resolution)

25S Approval of Plans and Specifications forDemolition of Building C-128, Outer Harbor.(Resolution)

OPERATIONS

31 AMENDED Personnel Items: Appointments; and Creation ofITEM Classification and Position. (Resolution and

Ordnance)

32 Renewal of Agreement Between Port of Oakland andLynn M. Suter & Associates. (Resolution)

33 Ratification and Approval of FY 1996-1997 and1997-1998 Purchase Orders; Approval of ProcurementPilot Projects. (Resolution)

34 Purchase of New Vehicles and Equipment; and Saleof Surplus Vehicles and Scrap Materials.(Resolutions)

CLOSED SESSION


LEGAL

41 Uncollectible Accounts. (Resolution)


GTE Mobilnet, installation of two partition wallsin place of existing chain link fence partitions.

3


Vote on the following Resolutions except Number 17:Ayes: Commissioners Cole, Harris, Kramer, Loh

and President Ortiz - 5Noes: NoneAbsent: Commissioners Lockhart and Taylor - 2

Vote on Number 17:Ayes: Commissioners Harris, Kramer, Loh

and President Ortiz - 4Noes: NoneAbstained: Commissioner Cole - 1Absent: Commissioners Lockhart and Taylor - 2

RESOLUTIONS;

97182 1 FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO CONTRACT FOR PURCHASE ANDINSTALLATION OF SIGNS FOR THE METROPOLITAN OAKLANDINTERNATIONAL AIRPORT SIGN PROGRAM WITHOUTCOMPETITIVE BIDDING FOR SUCH WORK BASED ON RECEIPTOF INFORMAL PROPOSALS AND AWARD CONTRACT TO RAGONEON. (Airport - 1)

97183 2 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO EXTEND RIGHT-OF-ENTRY AND INDEMNITYAGREEMENT WITH UNITED STATES POSTAL SERVICE.(Airport - 3S)

97184 3 APPROVING PLANS AND SPECIFICATIONS FORCONSTRUCTION OF ASPHALT CONCRETE OVERLAY FORTAXIWAYS V AND Y, SOUTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND,CALIFORNIA, AND CALLING FOR BIDS THEREFOR.(Airport - 4S)

97185 4 APPROVING PLANS AND SPECIFICATIONS FOR REROOFINGOF BUILDING L-820, NORTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND,CALIFORNIA, AND CALLING FOR BIDS THEREFOR.(Airport - 5S)

97186 5 FINDING AND DETERMINING THAT PUBLIC CONVENIENCE ORNECESSITY WOULD BE SERVED BY THE STATE DEPARTMENTOF ALCOHOLIC BEVERAGE CONTROL'S ISSUANCE OF A TYPE51 ON SALE BEER AND WINE PUBLIC PREMISES LICENSETO THE EAST BAY MASONS, DOING BUSINESS AS MASONICBUILDING AND HOLDING ASSOCIATION.(Commercial Real Estate - 12S)

97187 6 FINDING AND DETERMINING THAT A PROPOSED FIRSTSUPPLEMENTAL AGREEMENT WITH HARTMAN CONSULTINGGROUP FOR ENVIRONMENTAL CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF SAID FIRST SUPPLEMENTAL AGREEMENT.(Maritime - 21)

4


97188 7 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH LAUREL MARCUS AND ASSOCIATES FOR MARITIMECONSULTING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID AGREEMENT.(Maritime - 23)

97189 8 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH CAPTAIN ROBERT E. RILEY FOR MARITIMECONSULTING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING. COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID AGREEMENT.(Maritime - 24S)

97190 9 APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITIONOF BUILDING C-128, OUTER HARBOR, OAKLAND,CALIFORNIA, AND CALLING FOR BIDS THEREFOR.(Maritime - 25S)


97192 11 FINDING AND DETERMINING THAT A PROPOSED FIRSTSUPPLEMENTAL AGREEMENT WITH LYNN M. SUTER &ASSOCIATES FOR LEGISLATIVE REPRESENTATION SERVICESCONSTITUTES PROFESSIONAL OR SPECIALIZED SERVICESAND WAIVING COMPETITIVE BIDDING; AND AUTHORIZINGEXECUTION OF SAID AGREEMENT. (Operations - 32)

97193 12 RATIFYING PURCHASE ORDERS FOR STONE BOAT YARD ANDSOUTH BAY MAINTENANCE, APPROVING MONTHLY PURCHASEORDERS FOR CRYSTAL DATA, XEROX CORPORATION, WASTEMANAGEMENT OF ALAMEDA COUNTY AND WESCO/G&WSERVICES, DISPENSING WITH COMPETITIVE BIDDING ANDAUTHORIZING THE IMPLEMENTATION OF PROCUREMENT CARDTEST PROJECT. (Operations - 33)

97194 13 FINDING AND DETERMINING THAT CERTAIN MOTORVEHICLES AND EQUIPMENT OWNED BY THE PORT ARE NOLONGER REQUIRED FOR PORT USE AND AUTHORIZING THEEXECUTIVE DIRECTOR TO SELL, DONATE OR SCRAPSURPLUS VEHICLES AND EQUIPMENT. (Operations - 34)

97195 14 FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO PURCHASE MOTOR VEHICLESAND EQUIPMENT WITHOUT COMPETITIVE BIDDING ANDAUTHORIZING SAID PURCHASE THROUGH THE STATE OFCALIFORNIA AND THE OPEN MARKET. (Operations - 34)

97196 15 GRANTING GTE MOBILNET OF CALIFORNIA PERMISSION TOPERFORM CERTAIN WORK. (Blanket Authority)

97197 16 (1) RATIFYING, CONFIRMING AND APPROVING THE PORTATTORNEY'S FILING OF CLAIMS AGAINST STEAM VALVEMACHINE COMPANY, STEVE COWLEY, FRANK CHENG,WILLIAM J. CRYER, WILLIAM J. CRYER, JR. AND ROBERTR. CRYER (COLLECTIVELY, THE "INITIAL DEFENDENTS")FOR DAMAGES RESULTING FROM ENVIRONMENTALCONTAMINATION OF PORT PROPERTY LOCATED AT 1899DENNISON STREET, OAKLAND, CALIFORNIA, AND (2)AUTHORIZING, APPROVING AND DIRECTING THE RETENTIONOF THE LAW FIRM OF WENDEL, ROSEN, BLACK & DEAN,LLP AS OUTSIDE SPECIAL COUNSEL. (Closed Session)

5


97198 17 FINDING CERTAIN ACCOUNTS RECEIVABLE TO BEUNCOLLECTIBLE AND AUTHORIZING THE CHIEF FINANCIALOFFICER TO WRITE OFF SAME FROM THE BOOKS OF THEPORT. (Legal - 41)

Vote on the following Ordinances:Ayes: Commissioners Cole, Harris, Kramer, Loh

and President Ortiz - 5Noes: NoneAbsent: Commissioners Lockhart and Taylor - 2

ORDINANCES:

1 Port Ordinance No. 3369 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LICENSEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFCOMMERCE."

Final.

2 Port Ordinance No. 3370 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, ADDING SECTIONS5.029, 5.077 AND 10.007, CREATING CLASSIFICATIONSAND RETITLING POSITIONS."

Final.

3 Port Ordinance No. being, "AN ORDINANCEESTABLISHING A PASSENGER FACILITY CHARGE ANDAMENDING SECTION 28 TO PORT ORDINANCE NO. 1149RELATING TO CHARGES FOR USE OF FACILITIES ATMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT, ANDMAKING CERTAIN FINDINGS AND DETERMINATIONS INCONNECTION THEREWITH."

Airport - 2 to print.

4 Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, ADDING SECTION7.1382, CREATING CLASSIFICATION AND REVISINGSECTION NO. 6.027."


APPEARANCES:

ADJOURNMENT: Adjourned to Tuesday, June 24, 1997 at 3:00 p.m.

6

BOARD ACTION REQUIRED:rr„:0-71‘.-)4;1'7

II MOTION

X I RESOLUTION

ORDINANCE


JUN 1 7 7997


SUBJECT: AUTHORIZATION TO ACCEPT INFORMAL 11 UOTATIONS FOR THE Date: June 17. 1997 PURCHASE AND INSTALLATION OF SIGNS FOR THEMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT SIGNPROGRAM.



FACTUAL BACKGROUND:

The Metropolitan Oakland International Airport (MOIA) has identified the need to demolish, fabricate and install newinterior signs in Terminals 1 and 2 (Buildings M101, M102, M103 and M130). The signs were last upgraded 18 yearsago and it has been determined that the current sign program does not offer sufficient visual or directional instructions topassengers, tenants and users. There is need for immediate improvement particularly in light of the terminal expansionprogram currently underway.

The work to be performed consists of furnishing all labor, materials, appliances, tools, equipment, transportation,services and supervision required to fabricate and install the new signs. The work includes (but is not limited to thefollowing):

* Inspect existing signs inside the terminal buildings.

* Provide detailed shop drawings.

* Submit materials and samples.

" Provide revisions to the shop drawings, samples and materials based on the Port's review comments.

* Prepare and provide to the Port, for review, a fabrication and installation schedule.

* Provide revisions to the fabrication and installation schedule based upon the Port's review and comments.

* Fabricate and install all sign elements called for in the Terminal Interior Sign Program project documents and inaccordance with approved shop drawings and installation schedule.

* Repair or replace sign elements called out in Port Punch Listdeveloped by the Port.

* Provide a one year warranty for sign fabrication and installation.

Based on staff estimate that the work involved would cost less than $50,000, informal quotations were requested romseven local business area sign firms. To encourage participation from local business firms, the following wasundertaken:

* the deadline was extended;* a second walk through of the project was held; and* outreach calls were placed to the above seven bidders.

The result of these efforts yielded four firms who expressed interest, however quotations were only received from thefollowing:

Bidders Location

AmountRago Neon Hayward, CA

$ 62,100

Ad/Art Oakland, CA

$499,000

Item No. 1

PROGRAM AREA

I x I

Airport Operations


II Maritime Operations

Overall Operations

AUTHORIZATION TO ACCEPT INFORMAL QUOTATIONS FOR THEPURCHASE AND INSTALLATION OF SIGNS FOR THEMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT SIGNPROGRAM.June 17, 1997Page 2

Inquiry was made of the high bidder (Ad/Art) concerning their bid amount. The bidder stated that their bid washigh because they are a large company with high overhead costs. Ad/Art has since withdrawn their bid.

Both quotations exceeded our estimate and are greater than the bid limit. Due to time constraints and theimportance of installing the new signs, it is recommended that the Board accept the quotations, waive formalbidding and authorize award to the low bidder, Rago Neon, in the amount of $62,100 (plus bond fees).

The Port's EOE Office concurs with this recommendation.

Port cash will be used for this program.

RECOMMENDATION:

It is recommended that the Board find and determine that it is in the best interest of the Port to dispense withcompetitive bidding, in accordance with Section 5i of Port Ordinance 1606, and to authorize the ExecutiveDirector to contract with Rago Neon in the amount of $62,100 (plus bond fees), for the purchase and installationof signs at the Metropolitan Oakland International Airport.


Agenda SheetSUBJECT: APPROVAL TO COLLECT AND SPEND PASSENGER FACILITY Date: June 17, 1997

CHARGES (PFC'S) RELATED TO THE SEVENTH PFC APPLICATIONItem No. 2AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORTPROGRAM AREA

Ix'I1

SUBMITTED BY: Steven J. Grossman ,


Airport Operations


FACTUAL BACKGROUND:

On April 30, 1997 the Federal Aviation Administration approved the Port's seventh application to impose and use passengerfacility charges (PFC's) in the amount of $33 million. The FAA approved four projects for the imposition and use of PFCrevenue and one project for imposition only. MOIA has been authorized to collect a total of $83.6 million in PFC's.

Collection will continue at the current PFC level which is $3.00 per enplaned passenger. The Airlines will retain $0.08 astheir administrative fee on each PFC remitted. Frequent flyers are exempt from paying the $3 PFC when enplaning at OaklandAirport.

PFC's at the Port are considered a tariff which must be imposed by ordinance. On August 4, 1992 the Board of PortCommissioners adopted Port Ordinance no. 3106, which amended Port Ordinance No. 1149 and imposed PFC's at theMetropolitan Oakland International Airport in accordance with the Aviation Safety and Capacity Expansion Act of 1990. Inthe interim, the Board has subsequently amended Port Ordinance No. 1149 for subsequent PFC and FAA approved projects.The Board should amend Port Ordinance No. 1149 in order to extend the $3.00 PFC and approve collection of the PFC's forthe projects approved by the FAA.

The proposed action to establish and collect the PFC's in accordance with the California Environmental Quality Act (CEQA)and the State's and the Port's Guidelines for the Implementation of CEC1A has been evaluated. This evaluation includes boththe potential impact of extending the PFC collection program for five new projects, and the impact of the underlying project.

Three of the five projects in the PFC application are Categorically Exempt from the requirements of CEQA under the provisionsof Section 15301 and 15306 of the CEQA guidelines. On February 18, 1997 a mitigated negative declaration was approvedby the Board of Port Commissioners for the Baggage Claim Improvement project. Environmental certification is not requiredat this time for the project approved for imposition only - Construction of the Remote Overnight Parking Apron.

PFC SEVEN SUMMARY:

PROJECT AMOUNTUpgrade of Airport Public Address & Paging System 150,000Airfield Lighting & Marking Improvements 591,496Conduct Pilot Noise Insulation Program 240,000Baggage Claim Improvements in Terminals One and Two 2,030,000Construct Remote Overnight Parking Apron 30,000,000(impose only)

TOTAL: $:33,011,496

RECOMMENDATION:

It is recommended that the Board give first reading to an ordinance amending Port Ordinance No. 1149 to extend the $3.00PFC per enplaned passenger at the Airport for the projects approved by the FAA for PFC funding under PFC applicationnumber seven.

BOARD ACTION REQUIRED: JUN 1 7 1997

1 1 MOTION BOA D ,TION TAKEN DATE

12.1-.---) ORDINANCERESOLUTION

I I INFORMATION ONLY ASSISTANT SECRETARY OF THE BOdR

H

Date: June 17, 1997

Item No. 2l

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

I I

xl

2/4/97

SUMMARY OF COSTS

DESCRIPTION DATE AUTHORIZED PROPOSED

Original Agreement


$996,040

$150,000

$996,040

$250,000


Total Additional Workwith Executive Director


x iMOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY IsssisTANT SECRETARY OF THE B )ARD

Jun 1997

DATE


SUBJECT: Approval of Increased Contingency FundingAnd Authorization For The ExecutiveDirector To Rescope Tasks Under TheAgreement With Hartman Consulting Group



FACTUAL BACKGROUND:

The Port currently has an agreement with the Hartman Consulting Corporation to conduct Habitatand Hydrodynamic investigations in support of the 50-ft. Deepening Project. The existing agreementprovides for compensation on a cost plus fixed fee basis up to a total maximum of $996,040 with anadditional $150,000 available upon approval of the Executive Director. Since preparation of the originalagreement, the scope of the deepening project has continued to evolve. Some of the work originallycalled for under the agreement is no longer required, and the need for the following additional work taskshas been identified:

• Prepare the documentation necessary to consult with the U.S. Fish and Wildlife Service regardingimpacts upon threatened and endangered species.

• Prepare sections of the EIR/S for the 50-ft. project for direct incorporation into that document, and• Prepare graphics and assist with public outreach.

In order to respond to the changing project requirements in a timely manner, it is proposed that:the amount of funding available upon approval of the Executive Director be increased to $250,000, and

the Executive Director be granted the authority to redistribute the allocated funds among new andexisting tasks as needed to support the environmental analysis of the 50-ft. Deepening Project.

The proportion of work performed by each of the subconsultants in the Local Business Area,especially Oakland based firms, will remain the same or will increase due to the task modifications.

The additional funding is covered under CIP item number MA.02871.01. The funding source is Portcash.

RECOMMENDATION:


1. Increase the amount of additional funding available upon approval of the Executive Director underthe existing agreement to $250,000, and

2. Authorize the Executive Director to approve rescoping of the agreement tasks as needed tosupport the environmental analysis of the 50-ft. Deepening Project.


Agenda SheetSUBJECT: Authorization to Prepare and Execute an

Agreement with Laurel Marcus and Associatesfor the Evaluation of Regional UplandRehandling Facilities for Contaminatedand Clean Dredged Materials

SUBMITTED BY: Frederick R.

EXECUTIVE OFFICE RECOMMENDATI I :

Date- _June 17, 1997

Item No 23 PROGRAM AREA

Airport Operations


Fel Maritime Operations


FACTUAL BACKGROUND:

On June 18, 1996, the Board of Port Commissioners approved and authorized the Executive Director lo accept a grant from the CaliforniaCoastal Conservancy (CCC) for $520,000 to study Regional Dredged Material Rehandling and Reuse Facilities (Resolution Number 96217).As the focus of the grant funds, the Port is to manage a contract with a consultant team to study several sites in the Bay Area as potentialdredged material rehandling or reuse sites. The goal of the project is to develop a multi-user rehandling site for "contaminated" and clean dredgematerial and to find cost-effective reuses of the material within two years.

The Port is working with the CCC, Bay Conservation and Development Commission (BCDC), Bay Planning Coalition, Bay Dredging ActionCoalition (BDAC), The Natural Heritage Foundation, Save the San Francisco Bay, and the California Environmental Trust to select contractteams, focus studies, and address environmental and community concerns.

The Port distributed Requests for Proposal for the studies required to complete this project. A team consisting of members of the agencieslisted above and the Port of Oakland Environmental and EO Departments was convened to select a consultant. The Selection Committeeunanimously selected a consultant team lead by Laurel Marcus and Associates (LMA), an Oakland Based WBE, to complete this work. The Port'sOffice of Equal Opportunity concurs in the selection of LMA.

The Consultant (in cooperation with subconsultants Gahagan & Bryant Associates, Inc., Entrix, Inc., Subsurface Consultants, Inc., andAlan Waltner, Attorney at Law) will conduct several tasks as outlined in the contract. These tasks include determining demand and marketsfor dredged materials, environmental review, legal liability, identification and documentation of feasible sites, preliminary business plans, anda preliminary engineering design for one regional facility. The Scope of Work to be completed by the consultant has been approved by theagencies participating in the Dredged Material Reuse Project. The work is to be completed within two years. The goal will be to progress asfar as the grant funds will allow, to obtaining permits for a regional dredged material reuse facility.

BASIS OF SELECTION:

Three proposals were received and were evaluated by staff from Environmental Planning, Office of Equal Opportunity, Bay Conservationand Development Commission (BCDC), Bay Planning Coalition, and Save the San Francisco Bay. The firms were evaluated on their approachto the project, effectiveness of team organization, experience and expertise in each of the technical areas, compliance with EO guidelines,participation of Oakland based prime and subconsultants, and cost of the work. The Laurel Marcus and Associates (LMA) team was ratedhighest of the three bidders.

The Port's Office of Equal Opportunity has found the LMA team to be responsive to Port Equal Opportunity Guidance. LMA has alsosatisfied the minimum requirements for General, Professional and Automobile liability insurance and has named the Port of Oakland as"additional insured" on its Certificate of Insurance.

Port staff has met with LMA and has agreed on a scope of work and a cost estimate to complete the study. LMA will conduct the studyunder an agreed-upon time and materials contract not to exceed $461,000.00. In addition, staff recommends that the Board authorize theExecutive Director to approve an increase in the maximum compensation in an amount of up to $40,000 for change-in-scope work.

This work is budgeted through the California Coastal Conservancy Grant issued to the Port of Oakland.

RECOMMENDATION:


1. Determine that the consultant services described above are professional services, and2. Authorize the preparation and execution of an agreement with Laurel Marcus and Associates in accordance with the provisions above.


MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY

Name

XXX- Budgeted Vacant Position- Promotion of Port

Employee

Title/Division

Diirector of EngineeringEngineering Division

(Item #125A of Staffing Plan)

EffectiveDate SalarylWage

6/18/97 $9,469/monthwithin Salary

Grade 16

Type ofAppointment

Exempt fromCivil Service

Tabilin, Cristina L- Reclassification of"Procurement Analyst"Position


Senior Procurement AnalystPurchasing Department

Finance Division


6/23/97 $5,131/monthrate "c"

Civil Service

Kilgore, Gennise A. Procurement Analyst Civil Service 6/23/97 $4,392/month- Reclassification of Purchasing Department rate "c""Port Purchase Order Finance DivisionContract Administrator"Position (Item #63B of Staffing Plan)


-Gaetieberpt,-Diarm- -Port-Field-Repr " -6,xempt-frere- —64349:$3,;;C2Irnouth--+ Dudjd New-Position— -Elovernmentat-Affairs- e- --reteateru-

wpat ;mile it-Executive- "I L.0

Nasario, Sheila D. Relief Telephone Operator Exempt from 6/21/97 $16.04/hour- Budgeted Vacant Position Airport Operations, Airside Civil Service rate "c"

Aviation Division


I I

Jig la 6r4.

kty MCP.

lxiI I


MOTION

Ix RESOLUTION

ORDINANCE

INFORMATION ONLY

JUN 1 7 1997

BOAR A TION TAKEN DATE

,... --e.---z----

A55WTANT SECRETARY OF THE BOA

r



- Appointments- Creation of Classification and Positions

AMENDED

EXECUTIVE OFFIt RECOMMENDATION: Charles W. Foster

Date: June 17, 1997

Item No. 31

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:



EMPLOYEES


AS OFEi/18/96

612.00 FTE 554.00 FTEFull-Time Employees

Part-lime Employees 2.13 FTE 3.00 FTE

AS OF2/1/91

2.98 FTE

AS OF6/3/97

543.00 FTE

3.00 FTE

3.00 FTE

543.00 FTE

3.00 FTE

3.00 FTE

AS OF6/17/97

Relief Airport Custodians(PM

11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTE


0.00 FTE 0.00 FTE 0.00 FTE

TOTAL FTE 625.35 FTE 569.98 FTE 557.00 FTE 557.00 FTE

AGENDA SHEET, F., .SONNEL ITEMS-JUNE 17, 1997 Page 2

CREATION OF CLASSIFICATION AND POSMONS (Item #128A of Staffing Plan)-Ordinance (2 Readings)

It is requested that the Board approve the creation and one position of the classification of Port Technical SupportAnalyst II at Salary Schedule 228 (a-.$3477; b-$3650; c-$3831; d-$4062; e-$4305) in the MIS Department of theCorporate Administrative Services Division to meet staffing needs.

It is requested that the Board approve the creation of an additional position of the classification of Legal Assistant IIIin the Port Attorney's office to meet current staffing needs.




RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments, and creation ofclassification and positions.

— denotes deletion

SUBMITTED BY: Jeanette DoGovernmen



Agenda Sheet

SUBJECT: Renewal of Agreement betweenthe Port of Oakland andLynn M. Suter & Associates

Date: June 17, 1997Item No. 3 2

PROGRAM AREA

EJAIrport Operations

ECommercial Real Estate

IlMaritime Operations

Alb, Overall Operations

FACTUAL BACKGROUND:

A formal one-year extension of our original 1995 Agreement with the Port's Statelegislative lobbyist in Sacramento, Lynn M. Suter & Associates, expired on December 31,1996. Ms. Suter has provided State legislative advocacy services for the Port of Oaklandsince 1987. Due to the press of business at the Port and an understaffed GovernmentalAffairs Department, the annual agreement with Ms. Suter has not yet been renewed.

The existing Agreement provides for an annual payment not to exceed $90,576. Thisamount includes a retainer fee, expenses, and a computer bill tracking service. Theoriginal 1995 Agreement also provided authorization for the Executive Director to extendthe agreement for one additional year (1996) with an option to increase the maximumannual compensation by no more than 5 percent (5%). Although the Executive Directordid act to extend the Agreement into 1996, he did not exercise his option to increase thecompensation, which generated savings for the Department.

The Governmental Affairs Department has reached a tentative agreement with Lynn Suteron a new contract for the services provided by her firm. The Scope of Work for the newagreement, as set forth below, is essentially the same as it has been in previous years. Theterm of the agreement will be from January 1, 1997 through December 31, 1997 withauthorization for the Executive Director to extend the agreement for one year. Theproposed maximum annual compensation is set at $90,576 for 1997. This compensationamount has not changed since 1993.

The compensation is structured as follows:

Retainer $6,798/mo $81,576/yrExpenses $ 200/mo $ 2„400/yrComputer $ 550/mo

$ 6„600/vrTOTAL: $7,548/mo $90„576/yr


EMOTIONqRESOLUTIONqORDINANCEq INFORMATION ONLY

Renewal of Agreement between the Port of Oaklandand Lynn M. Suter & Associates

Page Two

The scope of work for the Agreement is outlined in Attachment "A".

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to enter into anagreement with Lynn M. Suter & Associates as set forth above and that the Board furtherauthorize the Executive Director to extend the Agreement for one additional year (1998) .

ATTACHMENT "A"

SCOPE OF WORK

Consultant shall perform the following work:

(a) Provide advice and counsel to the Port concerning State legislative mattersaffecting activities of the Port;

(b) Review bills introduced in the State Legislature to determine if they affect the Port,and coordinate with the Port's Governmental Affairs Department to analyze theproposed legislation that relates to the Port;

(c) Upon request by the Port's Executive Director or Governmental AffairsDepartment, appear and participate in appearances before the State Legislature,including committees of the State Senate and assembly, as well as interimcommittees thereof;

(d) Promote the Port whenever possible, and provide current information concerninglegislative developments that would have an effect, directly or indirectly, on thePort;

(e) Represent the interests of the Port with the State of California, State agencies withoffices in Sacramento and elsewhere in the State, County Board of Supervisors,and any other local governmental agencies requested by the Port;

Assist the Port in sponsoring legislation as required.

(g) Advocate the Port's position, as determined by the Executive Director orGovernmental Affairs Department on legislation;

(h) Assist the Port in complying with the provisions of the Political Reform Act of12974, as amended, Government Code Section 8100 et seg. (the "Act") and alladministrative regulations promulgated thereunder, and any other State or locallaw, regulation or ordinance to the extent the Port is required to comply with suchprovisions as a result of entering into this Agreement with the Representative;

(i) Prepare all forms and statement the Port is required to file pursuant to Subsection(h) above. Submit such forms and statements to the Port for it review and file, ortake whatever action is necessary with respect to such forms and statements, sothat all requirements of the Act and regulations promulgated thereunder arecomplied with by the Port in a timely manner;

(j) Representative shall maintain her office in Sacramento, but shall be available asneeded to meet in Oakland with the Port's representatives;

(k) Representative shall from time to time, as directed by the Port's ExecutiveDirector or Governmental Affairs Department, furnish to the Port written reportscovering her activities for the Port. Such reports shall include a statement ofentertainment expenses incurred by the Representative in promoting the Port'sinterests;

Page Two

Attachment "A"

(I) Representative shall, in her sole discretion, determine her working schedule,working hours, and working conditions;

(m) Representative agrees that Lynn M. Suter shall individually perform the primaryservices to be provided under this Agreement; and

(n) Assist the Governmental Affairs Department in enlisting support and testimony forPort activities -.- such as the Joint Intermodal Terminal (JIT), dredging, andAirport expansion, for example -- among officials of State and CountyGovernment.

(o) Consult with and advise the Governmental Affairs Department and Portmanagement on strategies for gaining support of elected and appointed State andCounty officials for Port issues.

VENDOR NAME PRODUCTS/SERVICE PROJECTED AMOUNT FOR FY '98

Crystal Data, Oakland Copier/Lease $ 80,000Xerox Corporation, Oakland Copier/Lease 85,00()Waste Management of AlamedaCounty, Oakland

Refuse Collection 100,000

WESCO/G&W Services,San Leandro/Oakland

Electrical Supplies 350,000


n MOTION

um RESOLUTION

ORDINANCE

INFORMATION ONLY


SUBJECT: Ratification and Approval of FY 1996-1997 and1997-1998 Purchase Orders; Approval ofProcurement Pilot Projects

SUBMITTED BY: Sonali Bose, Chief Financial Officer,

EXECUTIVE OFFICE RECOMMENDATION.

Date: June 17. 1997

Item No. 33

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

The Procurement Manual includes the requirement to report annually to the Board the utilization of monthly purchase orderswhose primary function is facilitating the purchase of routine, small-dollar value maintenance supplies and services. Accountsare established with selected vendors on the basis of price, with service, geographic location, product selection, andavailability as additional factors.

Monthly purchase orders are an important component of the Port's procurement activities. They ensure timely availability offrequently used products at competitive prices. For Fiscal Year 1996-1997, local vendors comprise approximately 75% ofmonthly purchase order with Oakland-based vendors accounting for 45%. It is anticipated that the purchase orders listedbelow will exceed the $50,000 bid limit for the aggregate of all purchases during the Fiscal Year 1996-1997. The Board isrequested to waive competitive bidding with respect to each vendor in the amounts indicated and approve such purchases.

VENDOR NAME

PRODUCTS/SERVICE PROJECTED AMOUNT FOR FY '97

Stone Boat Yard, Alameda Repair and painting $55,000So. Bay Maintenance, Oakland ADA alteration $75,000

In reviewing the proposed monthly purchase orders for Fiscal Year 1997-1998, projections indicate that the following monthlypurchase orders and utility expenses could exceed the bid limit for the aggregate of all purchases during the fiscal year. TheBoard is requested to waive competitive bidding with respect to each vendor in the amounts indicated below and approvesuch purchases.

The Port is reimbursed by Concession Air, a tenant, for approximately 57% of the refuse collection costs at Terminals I and II.

Procurement Pilot Projects:

The Board approved the integrated supplier project approximately seven months ago. The Purchasing Department initiatedthe program focusing on electrical type supplies using WESCO/G&W Services as the supplier. The project is now in fulloperation and as projected the integrated supplier approached has significantly reduced paperwork, improved operationalefficiency, and payment processing, including reduced operational cost. The pilot program will now be extended to othercommodity classes such as hardware, tools, and other maintenance and repair supplies.

Ratification and Approval of FY 1996-1997 and 1997-1998 Purchase Orders;Approval of Procurement Pilot Projects

Page 2

Recently, banks and other financial institutions have introduced procurement cards as a service to their major corporatecustomers aimed at improving operations. Procurement cards are specialized credit cards designed for use by corporationsand government entities. The cards have features which restrict their usage to selected types of transactions and defineddollar limits. Unlike standard credit cards, the procurement cards are not used for entertainment or at restaurants. Ananalysis of the Port's procurement activity indicates that procurement cards would improve processing certain types ofpurchasing transactions. These include:

- mail orders for specialized supplies where distribution is limited;

- emergency and after-hours transactions; and

- selected vendors who require cash or credit card payment.

Several public agencies and major corporations in the region, including the University of California, East Bay Municipal UtilityDistrict, and Shell Oil are currently using procurement cards.

The Purchasing Department is recommending that the Port initiate a pilot program to test the feasibility of procurement cardsfor use by selected Port staff, such as Utilities Supervisors, Port Maintenance Supervisors, etc. Procedures governing the useof procurement cards and ensuring internal control prior to usage of procurement cards will be developed jointly by the LegalDepartment, Internal Audit, the CFO, and Revenue Division representatives. It is our intention to report back to the Board insix months on the progress of these pilot projects.

RECOMMENDATION:

It is recommended that the Board ratify two (2) purchase orders for FY 1996-1997 for Stone Yard and So. BayMaintenance and approve monthly purchase orders for Crystal Data, Xerox Corporation, Waste Management ofAlameda County, and WESCO/G&W Services and integrated suppliers for FY 1997-1998, and in each case waivecompetitive bidding requirement for monthly purchase orders, integrated suppliers, and utilities as listed. It is furtherrecommended that the Board authorize the Executive Director to implement procurement card test project with thenumber of cards not to exceed twelve (12) after a policy in the appropnate usage of procurement cards is enacted.


ee.

/91,1 917,79, JUN 1 7 1997


--s\

TITSECRETARY OF THE BOAR


SUBJECT: Purchase of New Vehicles and Equipment; andSale of Surplus Vehicles and Scrap Materials

SUBMITTED BY: Sonali Bose, Chief Financial Officer

Date: June 17. 1997

Item No. 34

PROGRAM AREA




Overall Operations

The Central Facilities Department has identified six (6) general purpose vehicles, four (4) special purpose equipment forreplacement, and five (5) additional vetucles and equipment for addition to the fleet These items are included in the FY 1996-1997 CIP Equipment Budget.

The total fifteen (15) vehicles and equipment proposed for purchase consist of cargo vans, cab and chassis, crew cab truck,passenger sedans, pick-up truck, dump truck, sweeper, shot blast machine, loader, recycling unit, generator set, derrick, androtary mower. Attached is a summary of vehicles and equipment to be purchased including estimated costs of new vehicles.

In order to meet Port requirements regarding delivery schedules and to optimize Port options related to purchase price andcash flow, every effort will be made to purchase the vehicles and equipment through State of California contracts. Thosevehicles and equipment unavailable through the state will be purchased through open market procurement.

Surplus Scrap Materials:

Periodically, surplus metal and other scrap materials which have only salvage value must be disposed of. The estimatedannual value of this material is $10,000. In order to facilitate timely disposal of this scrap material, it is requested that theBoard authorize the Executive Director to sell such scrap material to open market as it accumulates throughout the FY 1997-1998. Scrap material which has no salvage value will be disposed of at the local dump.

RECOMMENDATION:

It is recommended that the Board suspend formal bidding and authorize the acquisition of fifteen (15) vehicles and equipmentthrough the State of California contracts as available, and by open market procurement for vehicles and equipment notavailable through the State at a cost estimate of $635,000 plus taxes and fees. It is further recommended that the Boarddeclare a total of ten (10) vehicles and equipment scheduled for replacement as surplus, authorize their sale to open marketand the sale and/or disposal of miscellaneous scrap metal and other materials with an estimated annual value not to exceed$10,000 by the Executive Director.


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

ESTIMATED USER DEPT REPLACESCOST/BUDGETED

6-person crew cabtruck mounted withwith 16000 lbs ratedhydraulic telescopingcrane and storagecompartments

X780

NEWEQUIPMENT #

Woods batwing rotary $ 20,000 Aviation X954, woods mowermower

X119

Not app icable Recycling unit andattachments

12,000 Central Facilities Additional equipment

X397 Generator set 75,000 Central Facilities X318, generator ONAN1942

X102 Loader 67,000 Aviation X292, Trencher Davis1976

X669 Sedan 15,000 Central Facilities Additional equipment

X654 Sedan 15,000 Aviation XL24, Plymouth Acclaim1991

X642 Cargo van 30,000 Aviation Additional vehicle

X643 Cargo van 30,000 Aviation X581, pick-up 3/4 T FordF250 1985

4-wheel drive cab and 30,000 Aviation X938 GMC 3500 Rescueincluding install of 7 vehicle 1993used stahl servicebody from vehicleX938

X828

Extended utility pick- 15,000 Maritime Additionalvehicleup truck

12-14 yard dump 85,000 Aviation X554 dump truck 4-yardtruck Ford 1981

X785 451 hydraulic derrickmounted behind cabwith turret winch

X103

Tenant model 800 46,000 Aviation Additional equipmentsweeper w/clieselengine

X530, utility crane truckinternational 1981

90,000 Central Facilities

X740

X698

75,000 Commercial X555 truck crane FordFacility utility 1982

10" self propelledblast machine

30,000 Aviation Additional equipmentX159

=MS.S=2===1.====

Purchase of New Vehicles and Equipment; andSale of Surplus Vehicles and Scrap Materials Page 2

TOTAL $635,000


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLT

APPROVEttl-T 3:ABLITAITApgrc77 JUN 17 1997

BOARD ACT ION ION TAKEN DATE


Agenda SheetSUBJECT: CLOSED SESSION

Date- June 17, 1997

Item No 40

PROGRAM AREA

Airport Operations

SUBMITTED BY: Christopher C. Marshall̀ s I I Commercial Real Estate

EXECUTIVE OFFICE RECOMMENDATION: I I Maritime Operations

---- X Overall Operations

FACTUAL BACKGROUND:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, asprovided under Government Code Section 54956.8, UnderNegotiation: Price and Terms of Payment

Property:

Parties Negotiating:

Property:

Parties Negotiating:

7 acre site on Edgewater Driveadjacent to Elmhurst Channel inthe Oakland Airport BusinessPark.

Port of Oakland and Robert andManuel Berber.

Site at Pardee Lane and EdgewaterDrive

Port of Oakland and Baxter HealthCare Corporation.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.Subdivision (a) of Government Code Section 54956.9. Names ofCases:

Oakland Citizens for Site B. vs. Port of Oakland, et al.Alameda County Superior Court Case No. 777066-9

City of Oakland v. Steam Valve Machine Company, et al,Alameda County Superior Court Action No. 777068-7

East Bay News Service and Sanjiv Handa v. Port of Oakland, et al, Alameda County Superior Court Case No. 773964-2

PERSONNEL AND CONFERENCE WITH LABOR NEGOTIATIONS.PORT OF OAKLAND AND LOCAL 790, as provided for under GovernmentCode Section 54957.0 and 54957.6.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c)of Section 54956.9: One case

BOARD OF PORT C IMISSIONERS

OF THE



TELEPHONE (510) 272.1100




LEGAL-41June 17, 1997

Board of Port Commissionersof the City of Oakland

Oakland, California 94607

Re: Uncollectible Accounts

Dear Commissioners:

The Director of Finance has requested the Port Attorney'sopinion whether certain accounts receivable, listed and identifiedon the attachment hereto, may be written off the books of the Portas of June 3, 1997. The sums indicated on the attachment representaged accounts receivable arising from, among other things, damageto Port property, rent, utilities, landing fees, concession feesand aircraft storage charges. These accounts represent totalreceivables as of June 3, 1997, in a sum estimated at $164,717.15.The last Board write-off approval was on December 2, 1996, in theamount of $116,648.42. As a matter of practice, the Board approveswrite-offs twice a year.

The Finance Division reports that it has pursuedcollection of the above-described receivable, in addition toefforts made by the affected operating departments, withoutsuccess. The Finance Division, after failing to obtain payment,referred the accounts which Finance believed warranted furthercollection effort, to the Port Attorney requesting that furthercollection efforts be pursued (see attachment). Efforts by thePort Attorney to obtain collection on the accounts referred forcollection have included service of demand letters on the accountholders and filing proofs of claim for receivables where theaccount holders are in bankruptcy.

The Finance Division reports that these accountsreceivable have been maintained on the books of the Port as assets.It is my opinion that the accounts receivable listed on theattachment are at present uncollectible for such reasons as: (i)dispute as to amount due, together with the absence of sufficientproof to recover; (ii) the bankruptcy of the respective debtor(s);(iii) financial inability to pay by certain account holders.

For the foregoing reasons, it is my advice to theDirector of Finance that the accounts receivable listed on theattachment hereto do not represent accounts upon which the Port hasa present expectation of receiving the revenue represented therebyand, therefore, they may be written off the books as uncollectibleaccounts.

(.0M,7776)::,

*10, a-iI

BOARD ACTION TAKEN

Board of Port CommissionersJune 17, 1997Page 2

A resolution authorizing these accounts to be written offthe books of the Port has been prepared and appears upon today'scalendar for your consideration and action. The resolutionprovides that, although the accounts would be written off, the PortAttorney is authorized to, and shall continue to, take such actionas may be appropriate to effect the collection of the debtsrepresented thereby, including, but not limited to, filing suitand/or referring accounts to appropriate collection agencies. TheDirector of Finance and the respective operating division directorsjoin with me in recommending adoption of the resolution.

Respectfully submitted,

4,644_ aiDAVID L. ALEXANDERPort Attorney

Enc.


MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY

JUN 1 7 1997

DATE

Account#: Account Name: Write-Off Amount:

425 Alamo Rent-A-Car $20,569.62

2365 Courier Express 225.78

2371 Custom Aircraft Service 483.74

6386 Pacific Bell 178.00

6937 Quantum Courier 783.16

8484 Tour Transportation 661.25

8752 FAA Airway Facility Sector 250.00

8868 Virgin Light Ships 375.00

389160 Robert Lapp 127.22

448000 Edwin L. McKay 228.08

525080 K. 0-Donoghue 121.22

530050 Sylvester Oliver 1,108.00

692050 Robert S. Ramey 271.02

6642 Perini Corporation 512.54

7448 Donald Earl Scott 2,716.99

7475 Katrina Scott 486.60

530030 Dardo Olmos 205.59

775420 William H. Skaggs 192.93

3180 Andy Frain Services 6,701.00

6142 Oakland Village 48,855.82

7654 Sierra Expressway 1,568.99

7661 Sierra Expressway 13,286.94

8678 The Ark Restaurant 14,893.79

Account#: Account Name: Write-Off Amount:

252899 Andy Frain Services 10,045.03

588150 Antonio Parker 637.50

TOTAL: $125,485.81

SUMMARY AGENDA OF BOARD CALENDARJune 17, 1997

AIRPORT

3S Approval of Agreement to Extend Right-of-Entry andIndemnity Agreement with United States PostalService (Alan Shepard Way, South Airport).(Resolution)

Recommends approval of the ROE for use ofwarehouse space on the South Airport.

4S Approval of Plans and Specifications forConstruction of Asphalt Concrete Overlay forTaxiways V and Y, South Airport, MOIA.(Resolution)

Recommends their approval and authority toadvertise for bids for the repair of the taxiways.

5S Approval of Plans and Specifications for Reroofingof Building L-820, North Airport, MOIA.(Resolution)

Recommends their approval and authority toadvertise for bids for the roof work.


12S Recommended Finding of Public Convenience orNecessity for Approval of the Alcoholic BeverageLicense for the Masonic Building and HoldingAssociation, 8105 Capwell Drive (Bldg. K-429).(Resolution)

Recommends approval of the application for the On-Sale Club License.

MARITIME

24S Contract for Consultant to Provide Instruction andRelated Activities for Maritime Division'sMaritime Training Program. (Resolution)

Recommends approval to renew an agreement for theconsultant performing the training program.

25S Approval of Plans and Specifications forDemolition of Building C-128, Outer Harbor.(Resolution)

Recommends their approval and authority toadvertise for bids for the demolition of thebuilding.

ORDINANCES:

Port Ordinance No. 3369 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LICENSEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFCOMMERCE."

Provides for agreement to provide two sites forweather recording equipment.

Summary Agenda of Board CalendarJune 17, 1997Page 2

Port Ordinance No. 3370 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, ADDING SECTIONS5.029, 5.077 AND 10.007, CREATING CLASSIFICATIONSAND RETITLING POSITIONS."

Provides for amending changes and adding sectionsin the salary ordinance and creating new andretitling positions.


Agenda SheetSUBJECT: First Reading of Ordinance Approving License For

Use of Real Property with United States of America,Department of Commerce, National Oceanic andAtmospheric Administration (North and South Airports)


EXECUTIVE OFFICE RECOMMENDATION:0677

FACTUAL BACKGROUND:

Date: June 3, 1997

Item No. 4S

PROGRAM AREAX

Airport Operations


MI i f:ATE

7"11,X

LO

The United States of America; on behalf of the Department of Commerce, National Oceanic and AtmosphericAdministration ("DOC") proposes to install and operate Automated Surface Observing Systems (ASOS) equipment onthe North and South Airports in order to "measure local meteorological conditions". The ASOS equipment would providemore accurate weather data to the FAA air traffic controllers, and in turn, to pilots using the Airport.

The installation and maintenance of this equipment would be provided for under a 1-year License Agreement, with four1-year options, to be effective August 1, 1997. No monetary consideration to the Port would be granted under thisLicense. The Port presently has a Deed of Easement Agreement with the U.S. Weather Bureau for one site located onthe North Airport (this equipment provides upper air meteorological information and covers the Bay Area), for which anominal monetary consideration is charged.

The DOC proposed license areas for new weather equipment for both North and South Airports would require sites witha radius of 100 feet (but actual, installed equipment will require substantially smaller areas) for installation of the twosensor group sites in the vicinity of Runway 11/29 (South Airport) and one sensor group site in the vicinity of Runway27 (North Airport) as described in Attachment II of the License; the Acquisition Control Unit, additional communicationsand peripheral equipment, additional antenna(s), connecting signal and additional power cables would be located in theEquipment Room and other areas of the Air Traffic Control Tower which is currently located on the South Airport. DOCwould be required to coordinate any deviation from these locations with the Port. DOC would be granted access toinstalled equipment to maintain, repair, replace and remove when necessary; all activities would be subject to thesecurity and safety rules and regulations of the Port. All environmental regulatory permits shall be obtained by DOC priorto start of construction. At termination or expiration, premises to be left in same condition as upon commencement ofLicense.

DOC shall obtain Port's prior, written approval before construction of any improvements, alterations or additions; Port'sresponse to DOC shall be provided within 30 days of receipt of notice. The Port shall give DOC 90-day notice of anyrequirement to move equipment, facilities and/or related power controls or signal lines.

This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 4 of Guidelines Section 15304, which covers minor alterations toland.

RECOMMENDATION:

It is recommended that the Board give first reading to an Ordinance approving and authorizing execution of the Licensewith the United States of America, Department of Commerce, National Oceanic and Atmospheric Administration.

CAW PS 1 \FILESV30 ARMASO S.L1C



I I RESOLUTION

X ORDINANCEn nrT 1, TS/ /-1, r- n vv. e-s

III x I

I x II I






- Appointments- Creation of Classifications and Positions- Approval of Examination Announcement

AMENDEDDate: June 3, 1997

Item No, 31

PROGRAM AREA

SUBMITTED BY: Gilbert C. Apodaca1-67,-13z.4,714‘..<:..-----EXECUTIVE OFFICE RECOMMENDATION: Ch(arl W. F r


III II I

FACTUAL BACKGROUND:

DUPLICATEAPPOINTMENTS - Resolutions (1 Reading Required)

OF PIOR

It is requested that the Board approve the following appointments: CALENDAR MEMOType of Effective

Name 'Title/Division Appointment Date Salary/Wage

Dial, Sandra W. Port Senior Financial Analyst Civil Service 6/9/97 $4,888/month- Reclassification of" Port Budget and Analysis rate "b"

Financial Analyst" DepartmentPosition Finance Division

- Redesignation ofIncumbent (Item #56B of Staffing Plan)

Morales, Teresita V. Port Senior Financial Analyst Civil Service 6/9/97 $4,888/month- Reclassification of" Port Budget and Analysis rate "b"



Lum, Albert Y. Port Senior Financial Analyst Civil Service 6/9/97 $4,888/month- Vacant Budgeted Position (Credit and Collections) rate "b"- Promotion of Port Finance Division

Employee(Item #46C of Staffing Plan)


EMPLOYEES AS OF2/1/91

AS OF6/4/96

AS OF AS OF5/20/97 6/3/97

Part-lime Employees



Full-lime Employees 612.00 FTE

11.00 FTE*

2.13 FTE

554.00 FTE

3.00 FTE

2.98 FTE

10.00 FTE

544.00 FTE 543.00 FTE

3.00 FTE

8.00 FTE 8.00 FTE

3.00 FTE

3.00 FTE

3.00 FTE


0.00 FTE 0.00 FTE 0.00 FTE

TOTAL FTE 625.35 FTE 569.98 FTE 558.00 FTEStatistical breakdown of various RillifsHWiTilotiVailable during this period.

** One new appointment and two separations resulted in a decrease in FTE count.

557.00 1- r E**

AGENDA SHEET, PERSONNEL ITEMS--JUNE 3, 1997 Page 2

NameType of Effective

Title/Division w Appointment Date SalaryANage

Brown, JasmineGonzalez, ConcepcionLau, KamLi, JinSanchez, ErikaWilford, Darlistia- College Internship

Program- From Various Local

Colleges/Universities

Youth Aide, Class -C" Exempt from 6/16/97 $8.94/hourVarious Departments Civil Service

Various Divisions

Castillion, Alberto Youth Aide, Class "D" Exempt from 6/16/97 $5.00/hourde la Cruz, Malina Various Departments Civil ServiceHurt, Anthony Various Divisions Lee, TedLewis, JasonMarquez, RaulTran, Quen-AnhWilkerson, LatoraWilliams, XakiaWu, Nancy- High School Internship

Program- From Various High Schools in Oakland

CREATION OF CLASSIFICATIONS AND POSITIONS–Ordinance (2 Readings)

It is requested that the Board approve the creation and one position of the classification of Payroll and Benefits Analystat Salary Schedule 245.43 (a–$4134; b–$4340; c–$4557; d–$4832; e–$5122) to meet current staffing needs.

It is requested that the Board approve the creation and 33 positions of the classification of Airport Operations Specialist,Airside/Landside, at Salary Schedule 43.1 (a–$3636; b–$3814; c–$4008; d–$4239; e–$4484; f-44740) to accommodatethe transition of incumbents from the Airport Serviceman classification.

It is requested that the Board approve the creation and one position of the classification of Senior Procurement Analystat Salary Schedule 257.33 (a-44655; b–$4888; c–$5131; d–$5440; e–$5767) to meet current staffing needs.

It is requested that the Board approve the creation and one position of the classification of Airport Development ProgramArchitecture/Engineering Programs Manager at Salary Grade 13 ($5407 to $8166 per month) to meet the staffing needsof the Terminal Expansion Project.

APPROVAL OF EXAMINATION ANNOUNCEMENT (Item #117C of Staffing Plan)–Resolution (1 Reading)

It is requested that the Board approve the Civil Service examination announcement for Diver.



RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments, creation of classificationsand positions, and examination announcement.

Denotes Additions

II

I I

II

II

I I MOTION

I X I RESOLUTIONORDINANCEINFORMATION ONLY



Agenda SheetSUBJECT: Approval of Agreement To Extend Right-of-Entry

and Indemnity Agreement With United States Postal Service(Alan Shepard Way, South Airport)



Date: June 17, 1997Item No. 3S

PROGRAM AREA

IXI Airport Operations

ri Commercial Real EstateMaritime OperationsOverall. Operations

FACTUAL BACKGROUND:

The United States Postal Service ("USPS") entered into a Right-of-Entry and Indemnity Agreement ("ROE Agreement")with the Port effective from September 15, 1996 through June 30, 1997, covering approximately 4,400 square feet ofwarehouse space in Building M-106, South Airport. The present monthly rent is $3,300.00.

It is proposed that an extension of the ROE Agreement be granted commencing July 1, 1997 for a 120-day period. Thisextension will allow the Port sufficient time to complete staff's final review of the proposed multi-year Lease for theUSPS.


RECOMMENDATION:

It is recommended that the Board pass a resolution approving the above-described Agreement to Extend Right-of- Entryand Indemnity Agreement with the United States Postal Service.

B:\AGENDAWSPS2.617

O MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY AS!.=.159A T



"4/09SUBJECT: Approval of Plans and Specifications for

Construction of Asphalt Concrete Overlayfor Taxiways V and Y, South Field, MOIA

SUBMITTED BY: Frederick R. Ferrin-</eNiEXECUTIVE OFFICE RECOMMENDATION:

Date: June 17, 1997Item No. 4SPROGRAM AREA

Airport Operations


Maritime Operations


FACTUAL BACKGROUND:

Plans and specifications have been prepared for the CONSTRUCTION OF ASPHALT CONCRETEOVERLAY FOR TAXIWAYS V AND Y, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA, and are hereby submitted for approval and authorization toadvertise for bids.

The work will consist of removing existing taxiway centerline lights and reinstalling new taxiway centerlinelights, raising existing taxiway edge lights, overlaying the taxiways with asphalt concrete and restriping thetaxiways.

This project has been determined to be categorically exempt from the requirements of the CaliforniaEnvironmental Quality Act (CEQA) pursuant to the Port's CEQA guidelines: 15301, Class 1, "a and d".

The specifications include a provision that the Board may award the contract at anytime not exceeding 50days after bid opening. Port Ordinance No. 1606, as amended, provides that the Board may award thecontract at anytime not exceeding 45 days after bid opening, unless a greater period is authorized by theBoard. A period of 50 days is recommended for this project in consideration of the fact that there is onlyone Board meeting scheduled within the 45 day period following opening of bids.

The capital budget for Fiscal Year 1997 provides for this work under CIP Item A2.00641.01. The funding isPort cash.

RECOMMENDATION:

It is recommended that the plans and specifications be approved and authorization be granted toadvertise for bids to be received on July 16, 1997.

JUN 1 7 mQ7

DATE



Reroofing of Building L-820, North Field,Metropolitan Oakland International Airport,Oakland, California

SUBMITTED BY: Frederick R. FerrinEXECUTIVE OFFICE RECOMMENDATION:

Date: June 17, 1997

Item No. 5S

PROGRAM AREA

Airport Operations




Ell

FACTUAL BACKGROUND:

Plans and Specifications have been prepared for the REROOFING OF BUILDING L-820, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, and are herebysubmitted for approval and authorization to advertise for bids. Building L-820 is an aircraft hangar used forair cargo activities.

The project consists of removal and disposal of existing asbestos-containing and non-asbestos-containingbuilt-up roofing down to the wood decking, including associated accessories, metal flashing and trim;removal, disposal and replacement of water-damaged arid otherwise unsound wood decking; andfurnishing new built-up roofing, including associated accessories, metal flashing and trim.

The existing roof has been leaking and is beyond repair.

This project has been determined to be categorically exempt from the requirements of the CaliforniaEnvironmental Quality Act pursuant to the Port's CEQA Guidelines.

The specifications include a provision that the Board may award the contract at anytime not exceeding 50days after bid opening. Port Ordinance No. 1606, as amended, provides that the Board may award thecontract at anytime not exceeding 45 days after bid opening, unless a greater period is authorized by theBoard. A period of 50 days is recommended for this project in consideration of the fact that there is onlyone Board meeting scheduled within the 45 day period following bid opening.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP Item No. A1.00239.26. Thefunding source is Port cash.

RECOMMENDATION

It is recommended that the plans and specifications be approved and authorization be granted to advertisefor bids to be received on July 16, 1997.


q MOTION

El RESOLUTION

D ORDINANCE

q INFORMATION ONLY Asmi-amiT SECRETARY OF THE BOARD

CRAM MS PIM MT BE &REED

DETWDNED

(5.141,111

80110000 1-820

METROPOLITAN OAKLAND INTERNATIONAL AIRPORT

NORTH FIELD

RE-ROOFING OF BUILDING L-820

;$061V' oF Ik.

_ o• v,..t. VC..,* •' V

,4t ,,),

4),41,It kV. 4/` 411.FIGAV

nao

1. ITU SHEET & SETE PLAN

2. ROOFING PLAN

3. DETAILS

SECTION IDIDOWICATION LETTER

SHEET KIDDER CM MACH %mom IS DRAWN

NEST FROM WITCH SECTION N TAKEN

SECTION IDENDFICATION tria

SECTION N WOO AND MON ON MATE SHEET

DEM. IDENTIMADON KAMER

SOW MARRA ON WON DEW IS DRAWN SAnT KHMER FROM MACH DENA IS TAKEN

SITU. IDENTIFICATION NUMBER

PETAL IS TAKEN FRO DRAM ON SAME SHEET

BOARD ACTION REQUIRED:a,VESOVira

JUN 1 7 1997

BOARD ACT ON TAKEN


Agenda Sheet‘===r7 /49

SUBJECT: Recommended Finding of Public Convenience orNecessity for Approval of the Alcoholic Beverage Licensefor the Masonic Building and Holding Association,8105 Capwell Drive (Bldg # K429)

SUBMITTED BY: Frederick R.EXECUTIVE OFFICE RECOMMENDATION:

Date: June 17, 1997

Item No. 12S

PROGRAM AREA





FACTUAL BACKGROUND:

State law was amended in the 1994 legislative session concerning new license applications forthe sale of alcoholic beverages throughout the State. The law requires that in some cases theBoard of Port Commissioners ("Board"), as the local governing body, must make certain findingsprior to license issuance by the State Department of Alcoholic Beverage Control ("ABC").

The East Bay Masons Lodge ("Masons") has requested that the Port make a finding of publicconvenience or necessity in support of an application to obtain a Type 51 Retail On-Sale ClubLicense, for their new location within the Oakland Airport Business Park. The East Bay Masons,dba Masonic Building and Holding Association, purchased the building on Capwell Drive in 1995and remodeled it to serve as the Masons' office and club. The facility is a private club, and willserve alcohol to members and guests only. The viability of the Masons' use of their propertydepends on their ability to serve alcoholic beverages to lodge members.

According to the State law, because the Masonic Lodge is located in an area where the issuanceof the new license would result in or add to an "undue concentration" of licenses, the ABC mayissue this license only if the Board determines that public convenience or necessity would beserved by the issuance. State law defines "undue concentration" as being in a location where thecrime rate of the precinct is more than 20% higher than the average for all precincts within thejurisdiction, or in a census tract where the number of licenses per capita exceeds the number forthe county. The Masonic Lodge will serve alcoholic beverages only to members and certaininvited guests, just as other Masonic Lodges in other locations. Allowing this licensed activityprovides a public convenience or necessity to the members of the club, an unmet need inOakland and the East Bay.

RECOMMENDATION:

It is recommended that the Board pass a resolution finding that public convenience or necessitywould be served by the issuance of the Type 51 license to the Masonic Building and HoldingCompany because it will serve a unique clientele, and will enhance the Port's economic goals byserving the needs of its Oakland Airport Business Park tenants.

q MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

•( • t

SCALE: 1"=500'±

;

I i 1 i

■

SOUL ,4

K-42 -438 K •4 R 409 K-421 K-4 4 - 26...

33 , -, ,...

- K-4191,1=I 9 K-42

K-418 1 -- f-4 K-4 5 U K-43 .....-7.-----.-11nst -.act,

—K-41 yi•-x — K-422 K-412 ' K-430 K-410

K-4417-19

19111 1WW uutuoulammhumuunium

AREA- IS I

K-416 K-42

moue

DISTRIBUTION CENTER

1111.1.1$O

K-I24

SAN LEANDRO BAY

PROGRAM AREA

Airport Operations

Commercial Real Esta

Maritime Operations

Overall Operations



DATE

—7/g? JUN I 7 1597

BOARD ACTION TAKEN


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Contract for Consultant to Provide Instruction

& Related Activities for Maritime Division 's

-Maritime Training Program

Date• June 17 , 1997

Item No 24S

FACTUAL BACKGROUND:

Since 1978 the Maritime Division has offered maritime training programs to world-wideorganization, including foreign ports and government agencies. These programs are conducted onan as-requested basis. Cost of the program to the participants averages approximately $35,000annually and the Port has historically achieved a return rate of at least 15%.

In 1993 the Board approved a contract for Captain Robert E. Riley to provide instructional andrelated activities for this program. Compensation payments under this contract have been spent.Captain Riley has been the principal instructor for the past seven years. His knowledge andfamiliarity of vessel and port operations has contributed to the success and popularity of theprogram.

A training program has been confirmed for September, 1997, with additional programs scheduledfor 1998 and indications that the training program will continue in the future. Under the currentprocedures, when more than one program is held within the Port's fiscal year Captain Riley'scompensation exceeds the maximum payment per fiscal year allowed under Port policy. Therefore,we propose approval of a contractual agreement that will allow payment of $60,000 for the trainingprogram confirmed for this year and those tentatively scheduled in the future. It is expected thatthe payment for each training program will not exceed $15,000. We also propose that the ExecutiveDirector be authorized to approve any additional amount not to exceed $12,000 for unforeseencontingencies related to these programs. The Port expects all costs, including unforeseencontingencies, to be reimbursed through fees negotiated and assessed the programs' participants.

RECOMMENDATION:

It is recommended that the Board approve the contractual agreement to hire Captain Robert E.Riley to provide instruction and related activities for the Maritime Division's maritime trainingprogram as outlined above.

13

SUBJECT: Approval of Plans and Specificationsfor Demolition of Building C-128Outer Harbor

SUBMITTED BY: Frederick R. FerrinNiAl.EXECUTIVE OFFICE RECOMMENDATION:

Date: June 17, 1997Item No. 25S PROGRAM AREA

E3 Airport Operations


Maritime Operations


DATE

BOARD ACTION REQUIRED: JUN 1 7 1997

O MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

ain Board of Port Commissioners - PORT OF OAKLAND

Agenda Sheet-7)61,62

FACTUAL BACKGROUND:

Plans and Specifications have been prepared for DEMOLITION OF BUILDING C-128, OUTER HARBOR,OAKLAND, CALIFORNIA, and are hereby submitted for approval and authorization to advertise for bids.

The work consists in general of demolition and removal of Building C-128, a 7,500 square foot railroadloading dock. This work is necessary in order to provide space for maritime-related operations.

The California Environmental Quality Act requirements for environmental review of this Project werecompleted with Board Certification of the Initial Study/Negative Declaration for the Maersk Line Terminal andTransBay Container Terminal Yard Consolidations and Terminals Upgrade Project on December 17, 1996.

The specifications include a provision that the Board may award the contract at anytime not exceeding 50days after bid opening. Port Ordinance No. 1606, as amended, provides that the Board may award thecontract at anytime not exceeding 45 days after bid opening, unless a greater period is authorized by theBoard. A period of 50 days is recommended for this project in consideration of the fact that there is only oneBoard meeting scheduled within the 45 day period following opening of bids.

The Capital Budget for Fiscal Year 1997 provides for this work under CIP Item No. M1.00492.08. Thefunding source is Port Cash and/or Bonds.

RECOMMENDATION:

It is recommended that the plans and specifications be approved and authorization be granted to advertisefor bids to be received on July 16, 1997.

PORT CY-- 0A<LAND

Approval o .ono and Specifications

June 16, 7for Demolition of Building C-128,Outer Harbor






COMMISSIONERS







Tuesday, June 3, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of May 20, 1997 to be deferred.


See Item 40




READING OF SUMMARY ITEMS: (Marked "5")

5 Items.



AIRPORT

1 Consultative/Marketing Services Contract withPierre Murphy, Esquire for Air ServiceDevelopment. (Resolution)

2S Approval of Lease Modification/Supplement forUnited States of America, Department ofTransportation, Federal Aviation Administration(#1 Airport Drive, South Airport). (Resolution)

3S Approval of New License and Concession Agreementand Agreements to Renew License and ConcessionAgreement for Term of One Year or Less with AlaskaAirlines, Inc. (#1 Airport Drive, South Airport).(Resolutions)

4S First Reading of Ordinance Approving License forUse of Real Property with United States ofAmerica, Department of Commerce, National Oceanicand Atmospheric Administration (North and SouthAirport). (Ordinance)


11S Approval of New License and Concession Agreement

with Balfour Beatty Construction. (Resolution)

MARITIME

21 Authorize Agreement for Production of FISCO VideoDocumentary as Mitigation for Vision 2000 Program.(Resolution)

OPERATIONS

31 AMENDED Personnel Items: Appointments; Creation ofITEM Classification and Position; and Amendment of

Salary Schedule Assignment.(Resolution and Ordnance)

32 Approval of the Annual Operating Budget for FiscalYear Ending June 30, 1998. (Resolution)

2


33 Approval of the Capital Improvement Award Programfor Fiscal Year Ending June 30, 1998.(Resolution)

34S Award of Contract' for Removal and Disposal ofHazardous Waste, Designated Waste and OtherContaminated Materials for the Period CommencingJuly 1, 1997 and Ending June 30, 1998, 1999, or2000. (Resolution)

CLOSED SESSION


LEGAL

41 Public Works Specification. (Motion)

Vote on the following Resolutions:Ayes: Commissioners Cole, Harris, Lockhart, Loh, Taylor


RESOLUTIONS:

97167 1 FINDING AND DETERMINING THAT A PROPOSED FIRSTSUPPLEMENTAL AGREEMENT WITH PIERRE MURPHY FORAVIATION CONSULTING CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION' OF SAID FIRSTSUPPLEMENTAL AGREEMENT. (Airport - 1)

97168 2 AUTHORIZING, APPROVING AND EXECUTING A TEASEMODIFICATION/SUPPLEMENT WITH THE UNITED STATES OFAMERICA, DEPARTMENT OF TRANSPORTATION, FEDERALAVIATION ADMINISTRATION'. (Airport - 2S)

97169 3 APPROVING AND AUTHORIZING EXECUTION OF CERTAINLICENSE AND CONCESSION AGREEMENT WITH ALASKAAIRLINES, AN ALASKA CORPORATION. (Airport - 3S)

97170 4 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO RENEW LICENSE AND CONCESSIONAGREEMENT FOR TERM OF ONE YEAR OR LESS WITH ALASKAAIRLINES, AN ALASKA CORPORATION. (Airport - 3S)

97171 5 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO RENEW LICENSE AND CONCESSIONAGREEMENT FOR TERM OF ONE YEAR OR LESS WITH ALASKAAIRLINES, AN ALASKA CORPORATION. (Airport - 3S)

97172 6 APPROVING AND AUTHORIZING EXECUTION OF CERTAINLICENSE AND CONCESSION AGREEMENT WITH BALFOURBEATTY CONSTRUCTION, INC., A CALIFORNIACORPORATION. (Commercial Real Estate - 11S)

3


97173 7 FINDING AND DETERMINING THAT A PROPOSED CONSULTANTAGREEMENT WITH QUEST PRODUCTIONS, INC. FORMARITIME CONSULTING CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF AGREEMENT.(Maritime - 21)


97175 9 APPROVING EXAMINATION ANNOUNCEMENT FOR THEPOSITION OF DIVER. (Operations - 31)

97176 10 MAKING APPROPRIATIONS OF CERTAIN MONEYS TO PROVIDEFOR CERTAIN EXPENDITURES PROPOSED TO BE MADE BYTHE ESTIMATED BUDGET OF THE PORT OF OAKLAND FORTHE FISCAL YEAR 1997-98. (Operations - 32)

97177 11 APPROVING THE CAPITAL IMPROVEMENT AWARD PROGRAMFOR FISCAL YEAR 1997-98. (Operations - 33)

97178 10 AWARDING CONTRACT TO PERFORMANCE EXCAVATORS, INC.,FOR REMOVAL AND DISPOSAL OF HAZARDOUS WASTE,DESIGNATED WASTE AND OTHER CONTAMINATED MATERIALSFOR THE PERIOD COMMENCING JULY 1, 1997 AND ENDINGJUNE 30, 1998, 1999 OR 2000, OAKLAND, FIXING THEAMOUNT OF BONDS REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Operations - 34S)

97179 11 AUTHORIZING AND APPROVING THE RETENTION OF THE LAWFIRM OF WASHBURN, BRISCOE & MCCARTHY ("WASHBURN,BRISCOE") AS OUTSIDE SPECIAL COUNSEL TO THE PORTATTORNEY CONCERNING STORMWATER ISSUES.(Closed Session - 40)

97180 12 REGARDING AMENDED COMPLAINT NO. 97-018 FORADMINISTRATIVE CIVIL LIABILITY ISSUED BY REGIONALWATER QUALITY CONTROL BOARD.(Closed Session - 40)

97181 13 1) ACCEPTING A SETTLEMENT OFFER FROM THE INSURANCECARRIERS (DEFINED BELOW); 2) AUTHORIZING THEEXECUTIVE DIRECTOR TO EXECUTE SETTLEMENTAGREEMENTS WITH THE INSURANCE CARRIERS; 3)ACCEPTING A PARTIAL SETTLEMENT OFFER FROM CERTAINLONDON MARKET INSURERS ("LLOYD'S") IN THE AMOUNTOF $74,003.80; AND 4) AUTHORIZING THE EXECUTIVEDIRECTOR TO EXECUTE A PROOF OF LOSS AND PARTIALMUTUAL RELEASE AGREEMENT WITH LLOYD'S CONCERNINGCITY OF OAKLAND V. KEEP ON TRUCKING COMPANY, INC.ET AL., UNITED STATES DISTRICT COURT CASE NO. C-95-03721-CW AND INSURANCE CLAIMS RELATED THERETO.(Closed Session - 40)

4


Vote on the following Ordinances:Ayes: Commissioners Cole, Harris, Lockhart, Loh, Taylor


ORDINANCES:

1 Port Ordinance No. 3368 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TOCONTAINER CRANE ASSIGNMENT AND RENTAL RATES."

Final.

2 Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LICENSEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFCOMMERCE."


3 Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867, ADDING SECTIONS5.029, 5.077 AND 10.007, CREATING CLASSIFICATIONSAND RETITLING POSITIONS."


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, June 17, 1997 at3:00 p.m.

5



BOARD C-1-10N TAKEN

DATEj/12- et-7, AS:31STANT SECRETARY OF THE BOARD


SUBJECT: Consultative/Marketing Services Contract WithPierre Murphy, Esquire forAir Service Development

Date: June 3, 1997

Item No. 1

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

I xlP

FACTUAL BACKGROUND:

An important component of the Aviation Division's air service development program is the use of a Washington D.C. basedrepresentative to identify new route and service opportunities, facilitate contact with target airlines, ensure Portrepresentation in Department of Transportation negotiations, and represent the Port in appropriate route proceedings. Forthe past 15 months, the Port has used the services of Pierre Murphy, an aviation consultant, for these efforts. During thistime, Mr. Murphy has been responsible for the establishment of service by CorseAir, City Bird, and last summer, WorldAirways at Oakland International. He played a major role in Taesa beginning service in 1993. These efforts have contributedsignificantly to the financial success of the Airport and have provided the Port with a high profile presence with regard toaviation issues in Washington.

Under the proposed contract, Mr. Murphy will continue to perform the following services, including but not limited to on-goingairport marketing efforts with airlines and tour operators for the purpose of increasing aviation related commerce at OaklandInternational Airport. Mr. Murphy will also advise Port management on regulatory issues with respect to bilateral air serviceagreements and related matters that involve the interests of Oakland International Airport, as well as important trends andmatters involving the commercial aviation industry for the purpose of fulfilling the Airport's marketing goals and objectives.

Mr. Murphy will not perform legal services of any kind whatsoever for the Port, and any information concerning the Portwhich Mr. Murphy has or becomes aware of will be kept strictly confidential.

The recommended contract extension is for two years at a cost of $80,000 per year. Of this amount, up to $30,000 peryear will be used to develop specific detailed service proposals for presentation to airlines to encourage their initiation ofroutes to Oakland. This work will be accomplished by a sub-consultant, AirTrans, Inc. based in Austin, Texas. AirTrans hassuccessfully provided these services to airports throughout the United States and has worked for the Port during the pastseveral years.

RECOMMENDATION:

It is therefore recommended that the Executive Director be authorized to execute an agreement with Pierre Murphy for theaviation consultative services described above for an amount not to exceed $80,000 per year, from January 1, 1997 throughJanuary 1, 1999.

cAwp61‘fileaNjfiletAlnw \ptnurphy.bit

BOARD ACTION REQUIRED: 1997

IIX

IIH

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

PROGRAM AREA

Airport Operations

Commercial Real Esta


Overall Operations


Agenda SheetSUBJECT: Authorize Agreement for Production

of FISCO Video Documentary asMitigation for Vision 2000 Program



Date June 3, 1997

Item No. 21

FACTUAL BACKGROUND:On August 9, 1994, the Board of Port Commissioners passed Port ResolutionNo. 94314 which approved a Memorandum of Agreement (MOA) between 'thePort and the City of Oakland Landmarks Preservation Advisory Board(LPAB), the State Historic Preservation Officer, the National AdvisoryCouncil on Historic Preservation and the U.S. Navy to create a program tomitigate the unavoidable, adverse effects to the Naval Supply Center (nowreferred to as FISCO) which has been identified as an historic districteligible for inclusion on the National Register of Historic Places. OnDecember 17, 1996 the Board adopted Port Resolution No. 96429, whichfurther amends the MOA to include a final mitigation program for theconveyance of the entire FISCO property to the Port and for subsequentredevelopment under the Vision 2000 Program.

The major mitigation measure agreed to under the MOA is for the Port todevelop, produce and distribute a documentary video which will preservethe history and significance of FISCO. This effort will be funded by thePort in an amount of up to $200,000 with an additional $25,000 earmarkedfor a one-time distribution and outreach program, including a good faitheffort to pursue television or non-theatrical distribution.

During the negotiations for this agreement it was the express desire ofboth the LPAB and the Oakland Heritage Alliance that the firm of QuestProductions, in association with historian Marjorie Dobkin, Ph.D. producethe video. Quest Productions is a nationally recognized, award-winningdocumentary filmaker located in Berkeley which has recently completed adocumentary on the history of West Oakland for the CALTRANS 1-880project. Ms. Dobkins provided the historic research and wrote the scriptfor this production. Because of this unique experience Quest Productionshas developed a relationship with the local historic preservationcommunity and has already accumulated extensive resources that can bedirectly applied in producing the FISCO video.

Quest Productions is within the Port's local business area. MarjorieDobkins is a WBE. The Port's Office of Equal Opportunity has beenconsulted on this matter and they have no objections.

The Capital Budget for Fiscal Year 1997 provides for environmental andhistoric mitigation for the Vision 2000 Program under CIP ItemM6.00546.01. The funding sources are Port Bonds and/or Port cash.

RECOMMENDATION:

It is recommended that the Board pass a resolution finding that theproduction of a documentary film history of FISCO as part of the Port'smitigation program for redevelopment of the property is a professionalservices contract and authorizing the Executive Director to enter into anagreement with Quest Productions, Inc. to develop, produce and distributethe documentary video for a sum not to exceed $250,000.


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

APPROTZL, 7-1:F II,E30L4.:

BOARD ACTION TAKEN

JUN 3 1997

DATE

Name Tale/DivisionType of

AppointmentEffective

Date Salary/Wage

)0CX- Vacant 7, u• • eted Position- Prom. • of Port

E s• • oyee

Exempt frCivil Seeice

'NCRly/ $4,69/mgrithwith lary

Gradè16

Dial, Sandra W.- Reclassification of" PortFinancial Analyst"Position


Port Senior Financial Analyst Civil Service 6/9/97 $4,888/monthBudget and Analysis rate "b"

DepartmentFinance Division


Director .f Engi. - ringEngineer' it Division

(Item # A of Sta g Plan)

Morales, Teresita V. Port Senior Financial Analyst Civil Service 6/9/97 $4,888/month- Reclassification of" Port Budget and Analysis rate "b"



Lum, Albert Y. Port Senior Financial Analyst Civil Service 6/9/97 $4,888/month- Vacant Budgeted Position (Credit and Collections) rate "b"- Promotion of Port Finance Division

Employee(Item #46C of Staffing Plan)


Agenda SheetSUBJECT: Personnel Items Date: June 3, 1997

- Appointments AMENDED Item No. 31

- Creation of Classifications and Positions- Approval of Examination Announcement PROGRAM AREA

SUBMITTED BY: Gilbert C. Apodaca d-c-WecCeez-c-x‘EXECUTIVE OFFICE RECOMMENDATION: Cr) W. F


iiI I

I I

FACTUAL BACKGROUND:



alts:VIDVA)71.3Tfl:c-f:TVZUI:4.1Ttta

BOARD ACTION REQUIRED: TM (/7/7/,L 9 -7/ N - 3 19 9 7

I I MOTION BOARD ACTION TAKEN DATE

l x

RESOLUTION

!xi ORDINANCE1 1 INFORMATION ONLY TA-I siT SECRETARY OF THE BOARD



Part-lime Employees 2.13 FTE 3.00 FTE 3.00 FTE 3.00 FTE


Relief Airport Custodians 11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTE(PM


0.00 FTE 0.00 FTE 0.00 FTE

TOTAL FIE 625.35 FTE 569.98 FTE 558.00 FTE 557.00 FTE**Statistical breakdown of various Reliefs was not available during this period.

** One new appointment and two separations resulted in a decrease in FTE count.

AGENDA SHEET, PERSONNEL ITEMS--JUNE 3, 1997 Page 2

Name Title/DivisionType of Effective

Appointment Date Salary/Wage

Brown, JasmineGonzalez, ConcepcionLau, KamLi JinSanchez, ErikaWilford, Darlistia- College Internship

Program - From Various Local

Colleges/Universities

Youth Aide, Class "C"Various Departments

Various Divisions


*MN

Castillion, Albertode la Cruz, MalinaHurt, AnthonyLee, TedLewis, JasonMarquez, RaulTrans Quen-AnhWilkerson, LatoraWilliams, XakiaWu, Nancy- High School Internship

Program - From Various High Schools in Oakland

Youth Aide, Class "D"Various Departments

Various Divisions


CREATION OF CLASSIFICATIONS AND POSITIONS–Ordinance (2 Readings]

It is requested that the Board approve the creation and one position of the classification of Payroll and Benefits Analystat Salary Schedule 245.43 (a–$4134; b–$4340; c–$4557; d–$4832; e–$5122) to meet current staffing needs.

It is requested that the Board approve the creation and 33 positions of the classification of Airport Operations Specialist,Airside/Landside, at Salary Schedule 43.1 (a–$3636; b–$3814; c–$4008; d–$4239; e–$4484; f–$4740) to accommodatethe transition of incumbents from the Airport Serviceman classification.

It is requested that the Board approve the creation and one position of the classification of Senior Procurement Analystat Salary Schedule 257.33 (a–$4655; b–$4888; c–$5131; d–$5440; e–$5767) to meet current staffing needs.

It is requested that the Board approve the creation and one position of the classification of Airport Development ProgramArchitecture/Engineering Programs Manager at Salary Grade 13 ($5407 to $8166 per month) to meet the staffing needsof the Terminal Expansion Project.

APPROVAL OF EXAMINATION ANNOUNCEMENT (Item #117C of Staffing Plan)–Resolution (1 Reading)

It is requested that the Board approve the Civil Service examination announcement for Diver.


RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments; creation of classificationsand positions, and examination announcement.

Tle,r,rvfac

SUBMITTED BY: Sonali Bose, Chief Financial Officer


IIIIIIlx1

9II

n MOTIONRESOLUTIONORDINANCE

n INFORMATION ONLY

BOARD ACTION REQUIRED: JUN 3 1997

DATE


Agenda SheetSUBJECT: Approval of the Annual Operating Budget for

Fiscal Year Ending June 30, 1998Date: June 3, 1997

Item No. 32


FACTUAL BACKGROUND:

The proposed FY 1997-98 Operating Budget was presented to the Board on May 20, 1997. Alsoincluded in this presentation were the proposed FY 1998-99 and FY 1999-2000 Operating Budgets.At this meeting, the Board is asked to approve the proposed FY 1997-98 Operating Budget andauthorize the related appropriations for Port operations and maintenance expenses. As in the past,we are consolidating Oakland Portside Associates (OPA) revenue and expenses under theCommercial Real Estate Division.

There were two changes made to the draft budget since the May 20, 1997 presentation, both ofwhich impacted the bottom line. First, the staffing plan amourA of $738,000 in the draft budgetwas increased to $1.6 million to meet FY 1997-98 staffing requirements. Secondly, both the costsand revenue of the utilities program were decreased, with a net impact of a negative $200,000 tothe bottom line as a result of a delay in transfer of land and the selling of utilities to the Navy atthe Harbor Transportation Center These two items reduced the bottom line from $7.047 millionto $5.983 million. There were impacts to the FY 98-99 and FY 99-2000 budgets as a result ofboth these items.

Revenue Over ExpensesIt is anticipated that the Operating Budget for FY 1997-98 will result in revenue over expenses of$5.98 million. This represents about 4% return on revenue. Similarly, the FY 1998-99 and 1999-2000 revenue over expenses are projected to be $9.05 million and $15.3 million, which representabout 6% and 9% return on revenue, respectively.

Revenue The Port anticipates consolidated operating revenue to be approximately $158.9 million forFY 1997-98, which is 4% more than FY 1996-97 anticipated revenue. The Port expects Maritimerevenue to increase about 5%. Aviation revenue is projected to increase 3% over FY 1996-97.Commercial Real Estate, including Oakland Portside Associates revenue, is projected to increase3%, and Utilities revenue is forecasted to increase about 4% over FY 1996-97.

FY 1998-99 and FY 1999-2000 overall revenues are projected to grow annually at about 2% and6%, respectively. These growth rates are comprised of the following: a zero growth in 1998-99and a 9% increase in 1999-2000 in Maritime due to Joint Intermodal Terminal land rental, anannual 3% increase in Aviation for both years, a 3% increase in 1998-99 and a 1% increase in1999-2000 for Commercial Real Estate and OPA, and a 34% increase in 1998-99 and a 27%increase in 1999-2000 in Utilities due to Harbor Transportation Center Utility Program starting inFY 1998-99.

ExpensesThe Port budgeted consolidated operating expenses of $89.4 million for FY 1997-98, which is 10%higher than anticipated expenses for FY 96-97. The projected operating expenses throughFY 1999-2000 are anticipated to increase by approximately 3% for both years.

Approval of thu Annual Operating Budgetfor Fiscal Year Ending June 30, 1998June 3, 1997Page 2

StaffingThe budget for FY 1997-98 includes 583.80 full-time equivalent employees (FTE's). This 583.80FTE budget is 19.67 FTE's above the budgeted 564.13 FTE's for FY 96-97 or a 3.5% increase.The 19.67 FTE increase is a result of the following personnel actions: addition of the DredgingManager position, four Management Information Systems positions, a secretarial position inGovernmental Affairs, one Airport Properties Assistant position, two clerical positions, three diverpositions, one Port Electrician position, three Environmental Scientist positions, one ProgramsManager position for the Terminal Expansion project, four Maritime Facilities Maintenance positions,and one legal assistant position less the deletion of .33 FTE General Manager of ProjectManagement, one Maritime analyst and one Personnel Clerk position.

City PaymentsThe proposed budget for FY 1997-98 includes $1.6 million for Special Services Payments to theCity in operating expenses, which covers police services at the Airport, security services at JackLondon Square, and other specified administrative services that the City provides to the Port.

Special Services is budgeted to increase at the rate of 2% pe, year through FY 1999-2000. Thisbudget also reflects projected General Services and Lake Merritt Payments to the City of$1.4 million although actual remittance of these funds will be based on the Board of PortCommissioners declaring a surplus at the end of the fiscal year. The projected amounts forFY 1998-99 and FY 1999-2000 are $1.4 million for each year for General Services and Lake Merrittpayments. In addition, $3.0 million has been budgeted to pay the City for land the Port receivesat the Oakland Army Base or for traffic mitigation related to Port projects as a result of the TrafficMitigation Memorandum of Understanding between the City and Port. The $3.0 million verbalagreement was made to cover Port tenants not being assessed for lighting and landscape costs aswell as for the utility users' tax. The FY 1997-98 payment will occur only to the extent anexecuted agreement based on value is completed between the City and the Port. The Port has notbudgeted for additional payments after FY 1997-98.

Depreciation and Non-Operating ExpensesThe Port budgeted consolidated depreciation and non-operating expenses, less other income, to be$63.5 million for FY 1997-98 compared to the $64.3 million anticipated for FY 1996-97 (notincluding land sales). On the expenditure side, the Port budgeted $33.9 million for depreciationexpense compared to the anticipated $32.6 million for FY 1996-97, and $28,9 million for interestexpense compared to the $32.4 million anticipated for FY 1996-97. For FY 1998-99 and FY 1999-2000, these items are budgeted as follows: $35.2 million and $36.7 million for depreciationexpense, respectively; and $30.0 million and $30.6 million for interest expense, respectively.There are additional debt issues incorporated into the three-year interest expense figures startingFY 1998-99.

Ratios The Port anticipates the ratio of operating expense to operating revenue to be 56% for FY 1997-98, which is higher than the anticipated ratio of 53.0% for FY 1996-97. Debt Service Coverageis projected to be 2.00 for FY 1997-98, 2.07 for FY 1998-99 and 2.27 for FY 1999-2000compared to 2.01 for anticipated FY 1996-97.

RECOMMENDATION:It is recommended that the Board adopt the Operating Budget for the fiscal year ending June 30,1998, and a resolution appropriating funds for Port operations and maintenance expenses for thefiscal year ending June 30, 1998. It is further recommended that the Board endorse the FY 98-99and FY 99-2000 operating budgets in concept.

II

9MOTION

RESOLUTION

n ORDINANCE

n INFORMATION ONLY

BOARD ACTION REQUIRED: JUN - 3 1997

DATE7/7


Agenda SheetSUBJECT: Approval of the Capital Improvement Award Program for Date: June 3, 1997

Fiscal Year Ending June 30, 1998Item No. 33

PROGRAM AREA


I 1



I X1 Overall Operations

SUBMIT i ED BY: Sonali Bose, Chief Financial Officer-cJj-'


FACTUAL BACKGROUND:

The proposed Capital Improvement Award Program for the Fiscal Year (FY) endingJune 30, 1998, and the Capital Improvement Program for FY 1998-99 through FY 2000-2002, was presented to the Board on May 20, 1997. At this meeting it is recommendedthat the Board endorse the Five-Year Capital Improvement Program in concept, and, inparticular, approve the Capital Improvement Award Program for FY 1997-98.

Overview Of The Capital Improvement Program

The Capital Improvement Program is presented both on an award and expenditure basis. Theproposed Capital Improvement Award Program for FY 1997-98 is $210 million. Theprojected awards for FY 1998-99 through FY 2001-2002 are $1.1 billion, for a total five-year Capital Improvement Award Program of $1.3 billion. From an expenditure basis, theFY 1997-98 Capital Improvement Program is $149 million, and the five-year expenditureprogram is $1.3 billion.

For the five-year Capital Improvement Program, the expected funding sources include bondsbacked by Passenger Facility Charges (PFC's) (7%), Port revenue bonds (53%), Port cash(10%) and grants such as PFC Stand-Alone, Airport Improvement Program, Measure B,Intermodal Surface Transportation Efficiency Act (ISTEA) and Department of Boating andWaterways (30%).

While the Board is approving the overall award amount of $210 million at this time,individual projects are awarded and approved by the Board during the fiscal year prior tocommitment of funds. Therefore, there may be some changes to the individual projectsbased on many factors including timing, business decisions, environmental and permittingconsiderations, resources, tenant needs, and financial considerations.

Proposed capital improvements are usually reviewed by the appropriate Board Committee atthe preliminary design stage, and by the full Board prior to authorizing the execution of anycontract. The advertising for bids and award of public work contracts both must beapproved by Board Resolution.

RECOMMENDATION:

It is recommended that the Board adopt the Capital Improvement Award Program for anamount not to exceed $210 million for FY 1997-98 and adopt such a Resolution. It isfurther recommended that the Board endorse the five-year Capital Improvement Program foran amount not to exceed $1.3 billion in awards.



Agenda SheetSUBJECT: CLOSED SESSION Date 1997

Item No 40

PROGRAM AREA

Airport Operations




Maritime Operations

Overall Operations



In the Matter of the Port of Oakland, Complaint No. 97-018, State ofCalifornia Regional Water Quality Control Board, San Francisco Bay Region

City of Oakland v. Keep On Trucking, Inc., et al, U.S.District Court CaseNo. C-95-03721-CW

East Bay News Service and Sanjiv Handa v. Port of Oakland et al, AlamedaCounty Superior Court Case No. 773964-2

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:One case


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY AS*

APPROWID

712 79 97/0V 97/e/ JUN 3 1997 BOARD ACT ON TAKEN DATE

ADA C. COLEJOHN LOH

CELSO D. ORTIZJAMES A. VOHS June 3, 1997

Res tfully submitted,

DAVID L. ALEXAL DERPort ttomey

•

FREDERICK R. FERRINDirector of Engineering

ON MOT I C.)14 OF

SECRETARY OF THE BOA



530 WATER STREET

Executive Director

OAKLAND, CALIFORNIA 94607DAVID L. ALEXANDER

TELEPHONE (510) 272-1100 Port Attorney


COMMISSIONERS

JAMES B. LOCKHARTPresident

ALLEN E. BROUSSARDFirst Vice President

DAVID KRAMERSecond Vice President

Legal -41

Board of Port Commissionersof the City of Oakland

Oakland, CA 94607

Re: Public Works Specifications

Dear Commissioners:

The legal and engineering staffs have reviewed and updated the Port's PublicWorks Specifications. The Port Attorney and Director of Engineering recommend that theBoard adopt the new Specifications on its award of the next public works contract.

The Specifications require revision because of changes in the Public Contract'sCode and changes in custom and practice in the industry. Claims based on both projectchanges and project delays have increased in recent years. Consequently, tighterprovisions are needed to control such claims.

The new Specifications used a current derivation of the standard (CalTrans) modelto update the Port's existing form, which were developed to meet the specific needs ofthe Port. Staff employed in-house litigation experience and in-house engineeringadministrative experience to develop a final draft.

The limit of staffs authority to alter the work is clearly stated. Claims are oftenbased on allegations, often false, that staff approved extras. All claims must be definedbefore the contract is closed out. Claims have been filed in court after all issuesappeared to be settled. In addition, toxic waste problems are addressed in some detail.All Labor Code requirements are included and have been approved by the laborrepresentatives for Port unions. New required state arbitration provisions are included.

The undersigned request that the Board approve the Specifications with the nextpublic works project.

cc: Charles W. FosterExecutive Director

11220-2

SUMMARY AGENDA OF BOARD CALENDARJune 3, 1997

AIRPORT

2S Approval of Lease Modification/Supplement forUnited States of America, Department ofTransportation, Federal Aviation Administration(#1 Airport Drive, South Airport). (Resolution)

Recommends approval of the supplement which allowsfor the FAA to make improvements to their space inthe Control Tower.

3S Approval of New License and Concession Agreementand Agreements to Renew License and ConcessionAgreement for Term of One Year or Less with AlaskaAirlines, Inc. (#1 Airport Drive, South Airport).(Resolution)

Recommends approval to renew their agreement forspace at the terminal complex.

4S First Reading of Ordinance Approving License forUse of Real Property with United States ofAmerica, Department of Commerce, National Oceanicand Atmospheric Administration (North and SouthAirport). (Ordinance)

Recommends approval of the agreement to providetwo sites for weather recording equipment.


11S Approval of New License and Concession Agreementwith Balfour Beatty Construction. (Resolution)

Recommends approval of the agreement for vacantland to be used for the storage of constructionequipment.

OPERATIONS

34S Award of Contract for Removal and Disposal ofHazardous Waste, Designated Waste and OtherContaminated Materials for the Period CommencingJuly 1, 1997 and Ending June 30, 1998, 1999, or2000. (Resolution)


ORDINANCE:

Port Ordinance No. 3368 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 2833 RELATING TOCONTAINER CRANE ASSIGNMENT AND RENTAL RATES."

Provides for changes to the assignment and rentalrates for the container cranes.

SUBMITTED BY: Leo R. Brien j-


FACTUAL BACKGROUND:


Agenda SheetSUBJECT: Establish Crane Rental Charges in Port of Oakland

Tariff 2-A for New Cranes X-438 and X-439 atBerth 23

Date- Nay 20, 1997

Item No 22S

PROGRAM AREA

Airport Operations



Overall Operations

Yusen Terminals, Inc. (YTI) provides terminal services at Berth 23 under a NonexclusivePreferential Assignment with the Port. Two container gantry Krupp cranes are presently assignedto YTI and are designated as X-413 and X-414. On October 29, 1996 the Board declared Kruppcranes X-413 and X-414 surplus and authorized solicitation of proposals for their sale.

Two new post-panamax cranes, X-438 and X-439, manufactured by Thenhua Port Machinery Co.(ZPMC) were recently delivered to Berth 23. In accordance with the Agreement between YTI andthe Port, the new ZPMC cranes, X-438 and X-439 will be assigned to YTI for primary operations.Primary compensation provisions for cranes X-438 and X-439 are already provided for in ourAgreement with YTI. However, the Agreement provides that charges for secondary use of the newcranes will be based upon the Port's marine terminal Tariff. It is therefore necessary to establishrental rates for the two new cranes in the Tariff.

We have reviewed cost data on the design and construction of the new cranes compared to similarcrane rates at the Port. Based on this review we propose to amend Item 09140 of Port of OaklandTariff 2-A by including cranes X-438 and X-439 at the basic hourly rental rate of $525.00, plusmaintenance and repair charges of $150.00, and a power charge of $40.00, for a total hourly rentalrate of $715.00.

RECOMMENDATION:

Approval of the tariff change as outlined above, to be effective on June 15, 1997.



RESOLUTION

ORDINANCE


II BOAR CTION TAKEN DATEMOTION

X I RESOLUTION

n ORDINANCEr I el 1111 NI

Board of Port Commissioners -. PORT OF OAKLANDAgenda Sheet

SUBJECT: Approval of Lease Modification/Supplementfor United States of America, Departmentof Transportation, Federal Aviation Administration(#1 Airport Drive, South Airport)

Date: June 3 1997

Item No. 2S

PROGRAM AREA

FT( Airport Operations


II

Maritime Operations

I

Overall Operations

SUBMITTED BY: Steven J. GrossmanCQ

EXECUTIVE OFFICE RECOMMENDATION;

FACTUAL BACKGROUND:

The Federal Aviation Administration ("FAA") currently occupies a total of 3,622sf of space in Terminal I (Building M-102)and Building M-104 for its operation of the South Airport's Air Traffic Control Tower ("ATCT") under Lease No. DTFA08-92-1-14049 dated September 15, 1991, currently in its final option period ending September 30, 1997.

The premises under this lease comprises 3,309sf in Terminal I (Building M-102) for office space, equipment, storage,control tower cab, training room and the fire escape landing (between 9th & 10th floors) and 313sf in BuildingM-104 which houses FAA's engine generator. The present rent is $2,143.64 per month.

FAA proposes to amend this Lease via a Lease Modification/Supplement which adds language that would allow FAA,subject to the Port's prior written approval, to make alterations, attach fixtures, erect additions, structures, or signs, allof which would remain the property of the FAA and would be removed upon the date of expiration or termination of saidLease or within ninety (90) days thereafter, by or on behalf of the FAA. FAA would also be granted on-going reasonablerights of access to microwave equipment installed under Right-of-Entry and Indemnity Agreement (dated April 15, 1997)and to the common utilities located on FAA premises (Telco Equipment Room) in Terminal I (Building M-101); for thepurposes of maintenance and repairs subject to Port's prior-written approval rights. The Port shall not be responsible forany maintenance, repairs or security to any FAA equipment.


RECOMMENDATION:

It is recommended that the Board pass a Resolution approving the above Lease Modification/Supplement and authorizing-the Executive Director to execute it.

c:\wp61 \files \board Vaa.697

.4.WWW:mo 137 -frgemorma.JUN 3 1997BOARD ACTION REQUIRED:


7 MOTION

X RESOLUTIONS

ORDINANCE

H INFORMATION ONLY


SUBJECT: Approval of New License and Concession Agreement andAgreements to Renew License and Concession AgreementFor Term of One Year or Less With Alaska Airlines, Inc.(#1 Airport Drive, South Airport)

SUBMITTED BY: Steven J. Grossman Sj,-)._

EXECUTIVE OFFICE RECOMMENDATION:a

Date: June 3, 1997

Item No. 3S

PROGRAM AREA

1x1

Airport Operations


11

Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

The following License and Concession Agreement and Agreements to Renew License and Concession Agreement forTerm of One Year or Less pursuant to Resolution No. 32263 and the Board's By-Laws are submitted for approval :

PROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLICENSEE LOCATION RATE RATE DATE

1) "B" Alaska Airlines, 632sf of ticket counter space, $22,651.04/mo $23,009.65/mo*Inc. 2,500sf of office space, $5.18psf $5.19psf

1,120sf of bag make-up space Avg. Term Avg. Termand 174sf bag service office Rate Ratespace in Building M-101

2) "B" Alaska Airlines, 632sf of ticket counter space, 523,009.65/mo $23,231.20/mo*Inc. 2,500sf of office space, 55.19psf $5.21psf

1,120sf of bag make-up space Avg. Term Avg. Termand 174sf bag service office Rate Ratespace in Building M-101

01/01/94'.

01/01/95**

2) "B" Alaska Airlines, 5,780sf of warehouse space in $4,335.00/mo No Change* 05/01/94**Inc. Building M-106 $.75psf

The letter "B" indicates that the Agreements were not previously considered by the Board in establishing target rates for negotiation.

1) License and Concession Agreement

2) Agreement To Renew License and Concession Agreement for Term of One Year or Less

Terminal rates have been increased pursuant to Port Ordinance No. 1149 for 1994 and 1995 rates and charges; cargo rates and charges havehave remained the same since 1992.

**Licensee delayed the return of executed agreements; consequently, processing for approval was also delayed (agreements sent to Licensee in1994 and 1995; but not returned until 3/97 and 5/97.)

These projects has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or license and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

RECOMMENDATION:

It is recommended that the Board approve the above-listed agreements.

cAwp5 11filestboardlelkjun

lxiI1

1 1

1 1

Airport Operations


Maritime Operations

Overall Operations

SUBMITTED BY: Steven J. Grossman /'


1i MOTION

RESOLUTION

ORDINANCE


Agenda SheetSUBJECT: First Reading of Ordinance Approving License For

Use of Real Property with United States of America,Department of Commerce, National Oceanic andAtmospheric Administration (North and South Airports)

Date: June 3, 1997

Item No. 4S

PROGRAM AREA

FACTUAL BACKGROUND:

The United States of America, on behalf of the Department of Commerce, National Oceanic and AtmosphericAdministration ("DOC") proposes to install and operate Automated Surface Observing Systems (ASOS) equipment onthe North and South Airports in order to "measure local meteorological conditions". The ASOS equipment would providemore accurate weather data to the FAA air traffic controllers, and in turn, to pilots using the Airport.

The installation and maintenance of this equipment would be provided for under a 1-year License Agreement, with four1-year options, to be effective August 1, 1997. No monetary consideration to the Port would be granted under thisLicense. The Port presently has a Deed of Easement Agreement with the U.S. Weather Bureau for one site located onthe North Airport (this equipment provides upper air meteorological information and covers the Bay Area), for which anominal monetary consideration is charged.

The DOC proposed license areas for new weather equipment for both North and South Airports would require sites witha radius of 100 feet (but actual, installed equipment will require substantially smaller areas) for installation of the twosensor group sites in the vicinity of Runway 11/29 (South Airport) and one sensor group site in the vicinity of Runway27 (North Airport) as described in Attachment II of the License; the Acquisition Control Unit, additional communicationsand peripheral equipment, additional antenna(s), connecting signal and additional power cables would be located in theEquipment Room and other areas of the Air Traffic Control Tower which is currently located on the South Airport. DOCwould be required to coordinate any deviation from these locations with the Port. DOC would be granted access toinstalled equipment to maintain, repair, replace and remove when necessary; all activities would be subject to thesecurity and safety rules and regulations of the Port. All environmental regulatory permits shall be obtained by DOC prioto start of construction. At termination or expiration, premises to be left in same condition as upon commencement ofLicense.

DOC shall obtain Port's prior, written approval before construction of any improvements, alterations or additions; Port'sresponse to DOC shall be provided within 30 days of receipt of notice. The Port shall give DOC 90-day notice of anyrequirement to move equipment, facilities and/or related power controls or signal lines.

This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 4 of Guidelines Section 15304, which covers minor alterations toland.

RECOMMENDATION:

It is recommended that the Board give first reading to an Ordinance approving and authorizing execution of the Licensewith the United States of America, Department of Commerce, National Oceanic and Atmospheric Administration.

Cr \ WP61 \ FILESSOARDNASOS.LIC


JUN -31997

fl Airport Operations

I X I Commercial Real Estate

Maritime Operations

Overall Operations

SUBMITTED BY: Joyce Washingtongf-ti



MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Approval of New License and Concession Date' June 3, 1997

Agreement with Balfour Beatty ConstructionItem No 11S

PROGRAM AREA

FACTUAL BACKGROUND:


PROPERTY AGREEMENTLICENSEE LOCATION DESCRIPTION RATE DATE

Balfour Beatty North side of 20,000 sf of $1,467 mo. 4/1/97Construction Burma Road vacant land $.07 psf.

adjacent toeastbound 1-80

The Agreement was not previously considered by the Board in establishing a target ratefor negotiation.

This project has been determined to be categorically exempt from requirements of theCalifornia Environmental Quality Act and the Port CEQA Guidelines pursuant to Class 1of Guidelines Section 15301(p) which exempts renewals, extensions or amendments toleases or license and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involving negligible or noexpansion of use beyond that previously existing.

RECOMMENDATION:

It is recommended that the Board approve the above listed Agreement.

Board of Port Commissioi 3 - PORT OF OAKLAND

Agenda SheetSUBJECT: Award of Contract for Removal and Disposal

of Hazardous Waste, Designated Waste andOther Contaminated Materials for the PeriodCommencing July 1, 1997 and EndingJune 30, 1998, 1999 or 2000

C2SUBMITTED BY: Frederick R. Ferrirr

—EXECUTIVE OFFICE RECOMMENDATION:

Date: June 3, 1997

Item No 34S

PROGRAM AREA

II Airport OperationsCommercial Real EstateMaritime OperationsOverall Operations

FACTUAL BACKGROUND:

Five bids were received on May 21, 1997, for REMOVAL AND DISPOSAL OF HAZARDOUS WASTE,DESIGNATED WASTE AND OTHER CONTAMINATED MATERIALS FOR THE PERIOD COMMENCINGJULY 1, 1997 AND ENDING JUNE 30, 1998, 1999 OR 2000, Oakland, California. Rather than dollaramounts, bidders for this work bid a percentage of labor costs to be added to the direct labor costs, whichcompensates the contractor for his overhead, insurance and profit. The following bids were received:

BIDDERS LOCATION PERCENT BID

Performance Excavators, Inc. San Rafael, CA 17.85%

Marcor Environmental-West, Inc. San Leandro, CA 55.0%

Applied Remediation Company San Jose, CA 144.15%

Bay Cities Paving & Grading, Inc. Concord, CA 150.0%

A/C Industrial Services Corp. Chico, CA 388.0%

A copy of the bid canvas is on file.

Subcontracted work for this project is to be performed on an as-needed basis, therefore, a list ofsubcontractors was not required to be submitted with the bid. Instead, the Contractor will be required toachieve the Port's minority participation goals or show a "good faith effort" to do so at the time subcontractorwork is needed and the Contractor is soliciting sub-bids. Accordingly, it is recommended that PerformanceExcavators, Inc., be considered to be a responsible bidder for the purposes of this contract. The Port'sOffice of Equal Opportunity concurs in this recommendation.

The cost of removal and disposal of waste materials is included in the Operating Budget for Fiscal Year1997-98. The funding source is Port cash. Other work which may be performed under this contract will becovered by either the operating or capital budget.

RECOMMENDATION

It is recommended that Performance Excavators, Inc., be found to be a responsible bidder, that the contractfor the above project be awarded to Performance Excavators, Inc., for the amount of its low bid, and thatall other bids be rejected and the bid securities be returned to the respective bidders.


n MOTIONRESOLUTIONORDINANCEINFORMATION ONLY

7/7

JUN - 3 1997


A5-c,IsTANT SECRETARY OF THE BOA,

COMMISSIONERS









TELEPHONE (510) 272-1100





Tuesday, December 16, 1997, 2:00 p.m.at the City of Oakland Council Chambers

ROLL CALL:



Regular meeting of October 7, 1997; regularmeeting of October 21, 1997; adjourned regularmeeting of October 31, 1997; regular meeting ofNovember 18, 1997; and December 2, 1997 to bedeferred.


See Item 40



Regular MeetingDecember 16, 1997


AIRPORT

1 Certification of the Final EIR for the AirportDevelopment Program (ADP), Findings ConcerningSignificant Effect of the Project, Adoption ofMitigation Measures of the Project, Adoption ofMitigation Monitoring and Reporting Program,Statement of Overriding Considerations for theUnavoidable Adverse Impacts, Approval of the ADP.(Resolution)

MARITIME

21 Relocation of DSR-Senator/Cho Yang from HowardTerminal to Seventh Marine Container Terminal.(Resolution and Ordinance)

22 Extension of Term for Maersk Pacific, Ltd. Non-Exclusive Preferential Assignment Agreement atBerth 24. (Resolution)

OPERATIONS

31 Personnel Items: Appointments; Rescission ofAppointments; and Creation of Additional Position.(Resolutions and Ordinance)

CLOSED SESSION


2


Vote on the following resolutions:Ayes: Commissioners Harris, Lockhart, Loh, Taylor

and President Ortiz - 5Noes: NoneAyes: Commissioners Cole and Kramer - 2

RESOLUTIONS:

97376 1 CERTIFYING REVIEW AND CONSIDERATION OF FINALENVIRONMENTAL IMPACT REPORT ON THE AIRPORTDEVELOPMENT PROGRAM, MAKING CERTAIN FINDINGS ANDDETERMINATIONS REGARDING SAID REPORT AND PROJECT,ADOPTING AND INCORPORATING INTO THE PROJECTCERTAIN MITIGATION MEASURES AND MITIGATIONMONITORING AND REPORTING PROGRAM FOR SUCHMITIGATION MEASURES, ADOPTING A STATEMENT OFOVERRIDING CONSIDERATIONS FOR UNAVOIDABLESIGNIFICANT IMPACTS ON THE ENVIRONMENT, APPROVINGTHE AIRPORT DEVELOPMENT PROGRAM (INCLUDING THEMEASURE B AIRPORT ROADWAY PROJECT) AND COMMITTINGTO THE PORT'S PRO-RATA LOCAL MATCH SHARE OFELIGIBLE PROJECT COSTS FOR THE AIRPORT ROADWAYPROJECT. (Airport - 1)

97377 2 APPROVING AND AUTHORIZING EXECUTION OF FIFTHSUPPLEMENTAL AGREEMENT WITH DSR-SENATOR LINES GMBHAND CHO YANG SHIPPING COMPANY, LTD.(Maritime - 21)

97378 3 APPROVING AND AUTHORIZING EXECUTION OF TENTHSUPPLEMENTAL AGREEMENT WITH MAERSK PACIFIC, LTD.(Maritime - 22)


97380 5 AMENDING PORT RESOLUTIONS NOS. 97336 AND 97351 ANDRESCINDING PORT RESOLUTION NO. 97368 CONCERNINGCERTAIN APPOINTMENTS. (Operations - 31)

Vote on the following Ordinances:Ayes: Commissioners Harris, Lockhart, Loh, Taylor


ORDINANCES:

1 Port Ordinance No. 3404 being, "AN ORDINANCEAMENDING SECTION 11.0064 OF PORT ORDINANCE NO. 867ADDING AN ADDITIONAL POSITION OF SENIOR MANAGEMENTASSISTANT - MARINE COMMERCIAL REPRESENTATIVE V-A."

Final.

3


2

Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING TRANSFER OF TERMINAL USEAGREEMENT WITH DSR-SENATOR LINES GMBH AND CHO YANGSHIPPING COMPANY, LTD. FROM CHARLES P. HOWARDTERMINAL TO SEVENTH STREET MARINE CONTAINERTERMINAL."

Maritime - 21 to print.

3 Port Ordinance No. being, "AN ORDINANCE

AMENDING SECTION 9.05 OF PORT ORDINANCE NO. 867ADDING AN ADDITIONAL POSITION OF SEMISKILLEDLABORER."


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, January 6, 1998, at3:00 p.m.

4

DEC 1 6 1997

BOARD ACTT TAKEN

ASIZTANT SECRETARY OF B


MOTIONX RESOLUTION



Agenda SheetSUBJECT: Certification of the Final EIR for theAirport Development Program (ADP), FindingsConcerning Significant Effects of the Project,Adoption of Mitigation Measures of the Project,Adoption of Mitigation Monitoring and ReportingProgram, Statement of Overriding Considerations 12 Airport Operationsfor the Unavoidable Adverse Impacts, Approval of 0 Commercial Real Estatethe ADP.

0 Maritime OperationsSUBMITTED BY: Joseph K. Wong OperationsEXECUTIVE OFFICE RECOMMENDATIO

q Overall

Factual Background

The Port of Oakland proposes to implement the Airport Development Program at MetropolitanOakland International Airport (MOIA). The Port, the lead local agency for the project, hasprepared, pursuant to the California Environmental Quality Act (CEQA), an Environmental ImpactReport (EIR). A copy of the Final Environmental Impact Report (Final EIR), including appendices, hasbeen provided to each member of the Board under separate cover. The Final EIR analyzes the potentialenvironmental consequences from proposed Airport development improvements at MOIA.

The proposed project requires environmental review of both federal and local actions. Projectcomponents which require federal actions require compliance with the National Environmental PolicyAct (NEPA). The NEPA review will be completed by the lead federal agency for the project, theFederal Aviation Administration (FAA). The FAA is currently processing its NEPA review utilizing theFEIR.

The Port's proposed Airport Development Program includes expansion of MOIA's Terminals I and 2,construction of the Airport Roadway Project, augmentation of roads and parking facilities, constructionof airline and airport support facilities, relocation of air cargo and facility developments and constructionof a remote aircraft parking apron and widening of taxiways. Collectively, these improvements wouldrelieve existing and forecast congestion throughout the Metropolitan Oakland International Airportreducing passenger and air cargo service inconvenience and delay. The program elements included inthe ADP are planned and designed for the year 2000 for 13.8 million airline passengers (MAP) and 1.0million tons of cargo.

Date: December 16. 1997

Item No. 1PROGRAM AREA

The Final EIR analyzes potential environmental impacts relating to noise, land use, air quality,socioeconomics, water quality, cultural resources, biotic communities, endangered and threatenedspecies, wetlands, flooding, coastal zone management, farmland, energy supply and natural resources,aesthetics, light, solid waste, hazardous materials and waste, transportation and circulation, parking,geology, and public services. The Final EIR evaluates the following on-Airport project alternatives: theproposed ADP; the Moderate Build Alternative, which provides for a reduced level of development forvarious ADP components; the No Action Alternative, which would construct none of the projectsproposed in the ADP; the Regional Airport System Plan (RASP); and the City of Alameda's proposed"settlement agreement". The Final EIR also evaluates the following off-Airport alternatives: A new BayArea air carrier airport site; civilian re-use or shared use of military airfields including Alameda NavalAir Station, Hamilton Army Air Field, and Moffett Field; and alternative technologies including highspeed rail service in the "California Corridor", other modes of transport, civilian tiltrotor and vertiports,and telecommunications and telecommuting.

Procedural Background/Public Comment

On April 15, 1992, the Port of Oakland issued a Notice of Preparation (NOP) of an EnvironmentalImpact Report/Environmental Impact Statement (EIR/EIS) for the MOIA's Airport DevelopmentProgram. Similarly, the FAA issued a Notice of Intent (NOI) on December 29, 1992 to prepare a jointEIR/EIS for MOIA. Subsequent to the issuance of the NOP and NOI, the Port and FAA held a jointscoping meeting for federal, state, and local agencies and the general public on January 27, 1993. Thepurpose of this meeting was to provide an early and open process for determining the scope of issues tobe addressed related to the proposed action, the ADP. Comments made at these meetings and writtencomments received by both the Port and the FAA on the NOP and NOI, respectively, are included inAppendices A and B of the Final EIR.

Between 1992 and 1994, the Port and the FAA made the decision to include the Airport Roadway Projectin the ADP and changed portions of the ADP project description. To allow the public to comment onthese changes, the Port issued a Supplemental NOP on November 11, 1994, and the FAA issued aSupplemental NOI on December 16, 1994. The supplemental NOP and NOI and subsequent writtencomments are also included in Appendices A and B, respectively, of the Final EIR.

In September 1996 the FAA and Port issued a Draft EIS/EIR. The public comment period ended onDecember 30, 1996. The Port and FAA received over 500 comment letters on the draft document frompublic agencies, businesses, organizations, and individuals. Two public hearings occurred onNovember 6, 1996, at which written and oral comments were received. The comment letters rangedfrom one page letters to multi-volume comment reports from agencies. The Port, in consultation withthe FAA, prepared written responses to the comments received, as well as modifications to theDEIS/EIR. The written responses to comments are contained in an appendix to the Final EIR. The Portissued a Final EIR for review by interested persons and public agencies on December 3, 1997.

Recommendations

The staff recommends that the Board take the actions and make the findings set forth below:

I. RECOMMENDED GENERAL FINDINGS AND OVERVIEW

A. Purpose

It is recommended that the findings and statement of overriding considerations set forth below("findings") be made and adopted by the Board as its findings under CEQA relating to the proposedproject referred to herein as the Airport Development Program (ADP). The findings will provide thewritten analysis and conclusions of the Board regarding the environmental impacts of the ADP,mitigation measures, alternatives to the proposed ADP, and the overriding considerations, that in theBoard's view, justify approval of the ADP project despite its environmental impacts.

B. Description of Environmental Impact Report

For purposes of the findings, the Environmental Impact Report ("EIR") consists of the FinalEnvironmental Impact Report and all appendices and documents incorporated by reference in the FinalEIR.

2

C. Record of Proceedings and Custodian of Record

The record upon which the Board's findings and determination will be based includes, but is not limitedto the following:• The Final EIR• All documentary and oral evidence submitted to the Port prior to the close of the Port's hearing on

the project.• All documents constituting the record pursuant to Public Resources Code section 21167.6• All matters of common knowledge to this Board, including, but not limited to the Port's policies,

guidelines and regulations.

The custodian of documents described above constituting the record of proceedings is Louise Engel, Portof Oakland Environmental Planning Department, 530 Water Street, Oakland, CA 94607.

D. Consideration and Certification of the Environmental Impact Report

In adopting its findings, it is recommended that the Board certify that the Final EIR was presented to theBoard, and that the members of the Board reviewed and considered the information in the Final EIR,pursuant to CEQA Guidelines section 15090(a). It is also recommended that the Board certify that theFinal EIR has been completed in compliance with the California Environmental Quality Act. It is alsorecommended that in its findings, the Board ratify, adopt and incorporate the analysis, explanation,findings, responses to comments and conclusions of the Final EIR, except where they are specificallymodified by the Board's findings. Finally, it is recommended that the Board find that the Final EIRrepresents the independent judgment of the Board.

E. Changes to Environmental Impact Report

The Final EIR contains additions, clarifications, modifications and other changes in response tocomments on the DEIS/EIR and incorporates information obtained by the Port since the DEIS/E1R wasissued. It is recommended that the Board make the following findings: The changes and additionalinformation contained in the Final EIR are not significant new information because they do not indicatethat any new significant environmental impacts not already evaluated would result from the Project andthey do not reflect any substantial increase in the severity of any environmental impact; no feasiblemitigation measures considerably different from those previously analyzed in the DEIS/E1R have beenproposed that would lessen significant environmental impacts of the project; and no feasible alternativesconsiderably different from those analyzed in the DEIS/EIR have been proposed that would lessensignificant environmental impacts of the Project.

F. Severability

The proposed resolution the staff recommends that the Board pass will provide that if any term,provision or portion of the Board's findings or the application of the same to a particular situation is heldby a court to be invalid, void or unenforceable, the remaining provisions of the findings, or theapplication of same to other situations, shall continue in full force and effect unless amended or modifiedby the Board.

II. RECOMMENDED FINDINGS RELATING TO MITIGATION MEASURES,ENVIRONMENTAL IMPACTS AND ALTERNATIVES

A. Findings Relating to Mitigation Measures

The Final EIR identifies certain significant environmental impacts that may result from the ADP projectand identifies specific mitigation measures to reduce or avoid significant impacts. The recommendedactions to be taken and findings recommended for adoption regarding mitigation measures are set forthbelow.

Adoption of Mitigation Measures.

It is recommended that the Board adopt and incorporate, as conditions of approval to the project, themitigation measures set forth in Appendix I to this Agenda Sheet as the mitigation measures applicableto the Airport Development Program. Appendix 1 includes all mitigation measures recommended by theFinal EIR. The mitigation measures set forth in Appendix I are the same as those in the Final EIR,except that (I) the language of a few measures has been slightly modified for purposes of clarity or toenhance the effectiveness of the measure; and (2) one measure has been amended for the reasons

3

discussed in subsection 4, below. The mitigation measures contained in Appendix I are the proposedmitigation measures for the ADP project upon which it is recommended the Board's findings be based,and which it is recommended that the Board adopt as conditions of approval for the project. Part A ofAppendix 1 identifies mitigation measures for potentially significant impacts. Part B of Appendix 1identifies mitigation measures for impacts which will be less than significant prior to implementation ofthe specified mitigation measures.

In adopting these mitigation measures it is recommended that the Board state its intention to adopt eachof the mitigation measures recommended in the Final EIR. Accordingly, in the event a mitigationmeasure recommended in the Final EIR has inadvertently been omitted from Appendix 1 it isrecommended that the Board's findings indicate that said mitigation measure is adopted and incorporatedin Attachment 1 by reference.

2. Adoption of Mitigation Monitoring and Reporting Program.

It is recommended that the Board adopt the mitigation monitoring and reporting program attached asAppendix 2 as the mitigation monitoring and reporting program for the ADP project.

3. Findings Regarding Modifications to Mitigation Measures Made by the Final EIR.

Since the DEIS/EIR was published in September 1996, additional mitigation measures were identified inresponse to comments and further information pertaining to mitigation of various potential projectimpacts was incorporated in the Final EIR. As a result of this further analysis in the Final EIR: a) twomitigation measures recommended in the DEIS/E1R were found by the Final EIR to be unnecessarybecause the impacts were found by the Final EIR to be less than significant; b) several additionalmitigation measures were identified and incorporated into the Final EIR; and c) several mitigationmeasures identified in the DEIR/E1S were modified by the Final EIR. The recommended findingsregarding the basis for each of these changes is set forth below.

(a) Two impacts, identified as significant in the DEIS/EIR, have been found to be less than significant inthe Final EIR, and the mitigation recommended by the DEIS/EIR is unnecessary.

Solid Waste Disposal - Both project and cumulative solid waste disposal are identified in the DEIR/EISas being significant based on the anticipated contribution of ADP generated waste to the County landfill.At the time the DEIS/EIR was prepared, the remaining capacity of the Altamont Landfill was projectedto last seven to nine years. Since publication of the DEIS/EIR, it has been determined that the AltamontLandfill expansion plans were approved and a permit was renewed in 1995 until the year 2028, therebyextending the operating life of the landfill and recycling operation for another 33 years. Estimated wastevolumes from Airport activities over the next 10 to 15 years that will contribute to landfill volume isexpected to decrease or remain at approximately current levels. Therefore, as explained in the Final EIR,the effect of the project is considered to be less than significant and no mitigation is required. Becausethe impact to solid waste disposal has been identified as less than significant in the Final EIR, themitigation measure in the DEIS/EIR, recommending appointment of an ADP solid waste coordinator bythe Port, is not necessary and has been deleted from the Final EIR.

Construction Criteria Pollutant Emissions 3 - The DEIS/EIR includes a proposed mitigation measureproviding for the offset of construction related ROG emissions through accelerated retirement of oldervehicles. This is not recommended by the Final FIR. In accordance with the Bay Area QualityManagement District (BAAQMD) CEQA Guidelines, the Final EIR finds that adoption of theBAAQMD's Basic Control Measures and Enhanced Control Measures, which are included as mitigationmeasures for construction criteria pollutant emissions, would reduce impacts from construction-relatedemissions to a less-than-significant level. The Draft EIS/EIR concluded that construction-phaseemissions of ROG, NO„ and particulate matter (PM-10) would be significant because they would exceedthe emissions level of 80 pounds per day based upon the BAAQMD's CEQA Guidelines. The FinalEIS/EIR corrected this conclusion in recognition of the fact that the BAAQMD threshold of 80 poundsper day was intended to be used to identify significant operational-phase impacts rather thanconstruction-phase impacts. For construction-phase impact evaluation, the BAAQMD recommends aqualitative approach focusing on fugitive sources of PM-10 rather than combustion sources of ROG andNOx. For construction-related PM-10, the BAAQMD recommends that the associated impacts beconsidered significant unless all appropriate mitigation measures (which BAAQMD lists) would beimplemented. With implementation of all appropriate PM-10 measures, the BAAQMD considers theresidual PM-10 impact to be less-than-significant. For construction-related ROG and NO, ; emissions, theBAAQMD states that such emissions would not be considered significant since such emissions have

4

been accounted for in the regional air quality plan and would not be expected to hinder regional airquality planning efforts. The first sentence on page 4.5-37 and the second to last sentence on page 4.5-40of Volume I of the Final EIR are incorrect to the extent that they include ROG and NO, ; in the list ofpollutants for which construction-phase emissions would be significant. The correct impact description,which is provided on pages 4.5-37 and 4.5-38, states that construction-phase emissions of particulate arepotentially significant, but emissions of ozone precursors (ROG and NO„) are not.

(b) The following new mitigation measures were identified and incorporated in the Final EIR:

Aircraft Noise and Vibration - An additional measure has been added to mitigation measure I that wouldprovide acoustical insulation for two schools in San Leandro, should measure 2, the shifting ofcommercial jet aircraft arrivals from Runway 27R to Runway 27L, not be sufficient to abate noise to lessthan significant levels.

Water Quality - Construction - This potential significant impact would be lessened to a level ofinsignificance with the mitigation identified in the DEIS/EIR. Another mitigation measure has beenidentified that will further reduce water quality impacts during construction. This measure, identified inthe Final EIR, is a regulatory requirement that requires the Port and its contractors to comply with theGeneral Construction Stormwater Permit during construction activities.

Hazardous Material Use- The use of hazardous materials has been identified as a potential significantimpact of the ADP which would be mitigated to a less than significant level with the mitigationidentified in the DEIS/EIR. An additional mitigation measure, measure 7, has been added to the FinalEIR to further reduce the remaining impact of using hazardous materials. This measure would requirethat Port facilities and tenants continue to prepare and update Hazardous Material Business Plans.

Hazardous Materials Spills - The risk of hazardous materials spills has been identified as a potentialsignificant impact of the ADP, which would be mitigated to a less than significant level with themitigation identified in the DEIS/EIR. Three mitigation measures have been added to the Final EIR tofurther reduce the impact. Measure 4 requires the continued implementation of Safety Directive 408;measure 5 requires the continued implementation of Port facility and tenant Spill Prevention Control andCountermeasure plans; and measure 6 requires the continued implementation of the Port Oil andHazardous Substance Spill Contingency Plan.

Social Impacts - Home and Business Relocation - An addition has been made to mitigation measure 3 tospecify the requirement that a "needs determination" survey be conducted as part of the Relocation Plan.This survey will identify residences available for sale within a 25 mile radius of the properties that willbe displaced due to the ADP.

(c) The following mitigation measures were modified by the Final EIR from those identified in theDEIR/EIS for the reasons stated below:

Aircraft Noise and Vibration - Mitigation measure 3 has been modified to include wording whichsupports the use of the Silent 7 Procedure during the hours of 10 p.m. to 7 a.m. as part of the Port's noiseabatement policies.

watgLQllajjty:Qpgtatigaa - Mitigation measure I identified in the DEIR/EIS to require the dischargemonitoring of pump station outfalls is not necessary due to the current and planned stormwatermonitoring program being implemented at the Airport. The measure has been revised in the Final EIR tostate that specific Best Management Practices associated with the ADP will be implemented as isrequired by stormwater regulations and the BM' Handbook, and that specific facilities associated withthe ADP will be monitored as required by stormwater regulations.

Cumulative Hazardous Waste Disposal--The DEIS/EIR included a mitigation measure providing for thePort to prepare and implement a hazardous waste minimization plan for the ADP. In accordance with theState Hazardous Waste Source Reduction and Management Review Act of 1989, this statute, whichapplies to large quantity hazardous waste generators, does not currently apply to Port facilities. The Portgenerates only small quantities of hazardous waste and disposal requirements are expected to be minimaldue to recycling and replacement with non hazardous substances. Accordingly, this mitigation measurewas modified by the Final EIR to provide for compliance by Port tenants subject to the provisions of theAct.

5

4. Findings Regarding Amendment to Mitigation Measure Identified in the Final EIR.

Localized On-Site Flooding - The Final EIR recommends installation of new drainage infrastructureassociated with ADP construction to accommodate a 100 year flood event. This mitigation measure hasbeen modified to state that drainage infrastructure will be installed to protect against flooding due to alesser storm event of 25 years. As indicated by the map for 100-year floodplain and flood hazard zones,most of the operational areas of the Airport are classified under Zone C, "areas of minimal flooding."Historically, the Port has used 25-year storm intensity as the design storm in drainage design of generalfacilities and 50-year storm intensity as the design storm in drainage design of critical facilities, based onpotential flooding impacts on safety and econopic considerations. In the event of a 100-year stormoccurrence, some localized flooding would occur, but no significant impacts to safety. Accordingly, thisimpact remains less than significant with this alteration.

5. Findings Regarding Additional Mitigation Measures Proposed in Comments on the DEIS/EIR.

In the comments on the DEIS/EIR, a number of measures were suggested by various commenters asproposed additional mitigation measures. As set forth in subsection 3, above, several of the proposedmitigation measures were incorporated in the Final EIR and are recommended for adoption by thisBoard. With respect to the other measures that were proposed in the comments, and not adopted by theFinal DR, the responses to comments in the Final EIR explain why the proposed mitigation measures arenot recommended by the Final EIR for adoption. It is recommended that the Board adopt andincorporate by reference the reasons stated in the responses to comments contained in the Final DR as itsgrounds for rejecting adoption of these proposed mitigation measures as infeasible.

B. Findings Relating to Airport Development Program Impacts

I. Standard for Findings.

CEQA requires under Public Resources Code 21081 that the Board make certain findings for eachsignificant impact identified in the Final EIR before adopting the ADP project. The Board must makeone or more of three findings:

a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoidthe significant effects on the environment.

b) Those changes or alterations that are within the responsibility and jurisdiction of another publicagency have been, or can and should be, adopted by that other agency.

c) Specific economic, legal, social, technological, or other considerations, make infeasible the mitigationmeasures or alternatives identified in the environmental impact report.

2. Recommended Impact Findings.

As set forth above, it is recommended that the Board adopt all of the mitigation measures recommendedby the Final EIR, and that none of them be found infeasible.

It is also recommended that the Board's specific findings with respect to mitigation of the potentiallysignificant impacts identified in the Final EIR be those which are set forth in Appendix I and thatAppendix 1 be incorporated in the Board's findings by reference as if set forth in full therein. Whereadoption of the proposed mitigation measures will avoid an impact or mitigate it to a less than significantlevel, the findings in Appendix I state that the adverse impact will be less than significant. Where nofeasible mitigation measures are available for a significant impact, or the adopted mitigation measureswill reduce a significant impact, but not to a less than significant level, Appendix 1 states that the impactwill remain significant.

The recommended findings set forth in Appendix I do not repeat the full discussions of environmentalimpacts contained in the Environmental Impact Report. Instead, they provide a brief summarydescription of the impacts, describe the applicable mitigation measures that are recommended foradoption by the Board, and state the recommended findings on the significance of each impact afterimposition of the adopted mitigation measures. In summary, the significant impacts remaining afterimposition of the mitigation measures to be adopted by the Board are as follows:

Noise, Under the year 2010 ADP scenario evaluated in the EIR, aircraft noise impacts would besignificant by 2010 on Bay Farm Island and in San Leandro.

6

Growth in passenger and air cargo volumes at MOIA under the proposed ADP would contribute to anincrease in surface traffic-related noise along the roads serving MOIA.

Construction of additional facilities at MOIA or in the vicinity would temporarily increase noise levelsnear construction sites and noise generated off-site would be significant due to the proximity ofresidential uses.

Air Quality. Increases in air passenger and air cargo volumes at MOIA would affect the total amount ofcriteria air pollutant emissions (nitrogen oxides, particulates and reactive organic gases) generated byactivities at MOIA.

Applicable ambient air quality state standards for one-hour average NO 2 concentrations are projected tobe exceeded at the north western end of Runway 11/29 by the year 2010 when high aviation activitylevels coincide with stagnant wintertime meteorological conditions.

Under the ADP, additional reactive organic gas combustion products generated by aircraft, motorvehicles, and ground support equipment would increase toxic air contaminant emissions (TAC)associated with MOIA operations. No standards of significance for mobile-source TAC emissions exist.The Final FIR classifies this impact as "unknown" because there is no approved, standardized protocolfor assessing the risk associated with mobile-source emissions of TACs and no standard for evaluatingthe significance of the risk associated with mobile source emissions of TACs. It also finds that a formaldetermination of the significance of the impact would be speculative and would not be based on acceptedscientific principles or methodologies. Staff recommends, however, given the absence of a significancestandard, that the Board find this impact significant.

The proposed ADP would contribute incrementally to cumulative regional growth in employment,housing, surface traffic, aviation activity and cumulative regional industrial development. Criteriapollutant emissions (nitrogen oxides, particulates and reactive organic gases) generated by continuinggrowth and development in the region would impede attainment of ambient air quality standards forpollutants currently designated as "non-attainment".

Hazardous Materials. Increased generation of hazardous waste resulting from growth in activity atMOIA would add to cumulative hazardous waste disposal requirements in the region, placing anadditional load on off-site waste management capabilities.

Traffic. The proposed ADP would result in significant cumulative impacts to transportation andcirculation due to decreased levels of service at various intersections in and adjacent to the Airport.These intersections are identified in Appendix 1.

Furthermore, the difference between the effects of projected ADP traffic and no project alternative trafficon operations at five intersections would also be a direct significant impact of the ADP. Theseintersections are identified in Appendix 1.

Under the proposed ADP, MOIA traffic would add vehicle trips to freeway segments on 1-880 (betweenDavis Street and 98th Avenue; between 98th Avenue and Hegenberger Road; and between HegenbergerRoad and 66th Avenue) contributing incrementally to continuing LOS F conditions during the a.m. andp.m. peak hours.

Parking. Under the proposed ADP, the on-Airport demand for public parking would increase in 2000and would increase further by 2010. The on-Airport public parking supply in 2000 would accommodateestimated weekday rates of parking occupancy. Demand for on-Airport parking would not be met withthe proposed ADP in 2010.

With respect to the foregoing impacts that will not be mitigated to a level of insignificance, it isrecommended that the Board find that the remaining significant impacts are acceptable for the reasonsset forth in the Statement of Overriding Considerations in part III below.

3. Recommended Findings Regarding Actions by Other Agencies.

All of the mitigation measures set forth in Appendix 1, and recommended for adoption by the Board, arewithin the authority and control of the Port and their implementation will be monitored by the Port,except that the following mitigation measures are also within the authority and control of other publicagencies:

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Surface Traffic Noise Mitigation 1: In consultation and coordination with the City of Oakland, otherARP participants, and the affected residents, the Port of Oakland (along with other ARP participants)would construct two noise barriers (one on the north side and another parallel to it on the south side)along 98th Avenue to reduce noise impacts on residences, if once consulted, the City of Oakland andresidents most affected by traffic on 98th Avenue favor such construction. If the ARP participants selectnot to implement this measure, the Port of Oakland would ensure implementation of this, or thealternative measures specified in mitigation 1, on its own.

Construction Noise Mitigation: In consultation with other ARP participants, the Port of Oakland wouldinclude the following specifications in construction contracts for ARP Segments I and 6:• Noise generating construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m.

Monday through Friday.• Construction equipment shall be equipped and maintained with effective muffling devices.• Construction staging areas shall not be located closer than 500 feet from residences unless there are

no reasonable alternatives.

Intersection Operations Mitigation:

DoolittleID2ivelaavisatreeUutersection: Improvements proposed to this intersection are within thejurisdiction of Caltrans. Because the Port of Oakland lacks jurisdiction over Doolittle Driveintersections, the Port would need to enter into an agreement with Caltrans and the City of San Leandroto implement the mitigation measures identified in Appendix I.

Doolittle Drive/Langley Street and Maitland Drive/Island Drive Intersections: Improvements proposedto the Doolittle Drive/Langley Street intersection are within the jurisdiction of Caltrans. Because thePort of Oakland lacks jurisdiction over Doolittle Drive intersections, the Port would need to enter into anagreement with Caltrans to implement the mitigation measures identified in Appendix 1.

Improvements proposed to the Maitland Drive/island Drive intersection are located within thejurisdiction of the City of Alameda. Because the Port of Oakland lacks jurisdiction over this intersection,the Port would need to enter into an agreement with the City of Alameda to implement the identifiedmitigation measure. This agreement must be established prior to assessment of costs for fair sharecontribution towards funding the mitigation measure. An agreement would provide the mechanism forimplementing this mitigation measure.

Sti Drive/Fern ide B evar Ive/B iew h t eet an Fe i i le Blvd./ bbo s Drive/ igh.Street Intersections: Improvements proposed to these intersections are located within the jurisdiction ofthe City of Alameda. Because the Port of Oakland lacks jurisdiction over these intersections, the Portwould need to enter into an agreement with the City of Alameda to implement the identified mitigationmeasures. This agreement must be established prior to assessment of costs for fair share contributiontowards funding the mitigation measures. An agreement would provide the mechanism forimplementing these mitigation measures.

It is recommended that the Board find that to the extent implementation of these mitigation measures iswithin the responsibility and jurisdiction of said agencies, those agencies can and should take action toadopt and implement them.

lfthe above mitigation measures relating to intersection operations are implemented, the correspondingtraffic impacts will be reduced to a less than significant level. However, in recognition of the fact thatone or more of these agencies may not do so, the Final EIR finds that the corresponding traffic impactswill be significant, and this finding is incorporated in the significance findings proposed for adoption bythe Board.

C. Findings Relating to Alternatives

The Final EIR evaluates and compares alternatives to the ADP project. It is recommended that the Boardfind that the Final EIR sets forth a reasonable range of alternatives to the ADP project sufficient to fosterinformed public participation and informed decision making and to permit a reasoned choice. It isfurther recommended that the Board find that the Final EIR adequately discusses and evaluates thecomparative merits of the alternatives.

It is further recommended that the Board find that the other ADP project alternatives set forth in theFinal EIR would not allow the full attainment of the objectives of the ADP or the benefits of the ADP setforth in the Statement of Overriding Considerations, and that their limited environmental advantages incomparison with the ADP do not justify their adoption in light of these factors.

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In addition to these findings, it is recommended that the Board make the following specific findings withrespect to the Alternatives identified and discussed in the Final EIR as separate and independent groundsfor adopting the ADP rather than the Alternatives.

Moderate Build Alternative.

It is recommended that the Board find that the Moderate Build Alternative, a reduced scale development,is infeasible, as that term is defined by CEQA, and reject this Alternative for the following reasons:

The Moderate Build Alternative would not meet Port planning standards for forecast activity levels.Although it would be capable of accommodating air passenger and air cargo activity levels forecast in2000, Airport service would be impaired if the Moderate Build Alternative were adopted rather than theADP, resulting in congestion, inconvenience and delays at passenger terminals and air cargo facilities.This Alternative could be insufficient to accommodate peak period needs for cargo aircraft parkingpositions. Parking problems and access conflicts at the passenger terminal would create congestion onAirport roadways with the Moderate Build Alternative. To the extent congestion, inconvenience anddelay resulting from inadequate facilities would moderate growth in passen ger and cargo activity, theModerate Build Alternative would reduce some of the environmental impacts associated with air qualityand noise that would result with the ADP. However, this would occur at the expense of achieving thebenefits of the proposed project.

In addition to the Moderate Build Alternative, a number of variants of the ADP are possible that wouldeliminate or reduce the size of particular component projects. It is recommended that the Board find thatvariants that would not accommodate activity forecasts for 2000 would result in the congestion,inconvenience and delay described above for the Moderate Build Alternative and are therefore infeasiblefor the same reasons as the Moderate Build Alternative. It is recommended that the Board further findthat variants that would accommodate activity forecasts for 2000 would not substantially reduce thesignificant impacts of the ADP and therefore should be rejected as infeasible.

2. No Project Alternative.

It is recommended that the Board find that the No Project Alternative is infeasible and reject thisAlternative for the following reasons:

The No Project Alternative would not satisfy the purpose and need for the project. This alternativewould result in progressive degeneration of service levels which would eventually constrain growth atMOIA. The ADP would accommodate passenger and air cargo activity level forecasts for 2000 atMOIA, improve airport access and regional transportation, and provide economic benefits. None ofthese benefits would be achieved with the No Project Alternative. This alternative would reduce oravoid most of the significant impacts resulting from the proposed ADP; however, projected increasedutilization of existing Airport facilities not related to development of the ADP would result in adverseenvironmental effects to ground vehicle traffic, air quality and noise.

3. Other Alternatives Evaluated in the EIR.

The Final EIR evaluates the following off-airport alternatives: A new Bay Area carrier airport site;civilian re-use or shared use of military airfields including Alameda Naval Air Station, Hamilton ArmyAir Field, and Moffett Field; and alternative technologies including high speed rail service in the"California Corridor", other modes of transport, civilian tiltrotor and vertiports, and telecommunicationsand telecommuting. The EIR identifies the reasons that each of these offsite alternatives could notsatisfy the purpose and need for the project and concludes that these alternatives cannot feasibly achievethe Port's project objectives in a reasonable time frame. It is recommended that the Board incorporateand adopt and incorporate those reasons by reference in its findings and reject these alternatives.

The EIR also evaluates the Regional Airport System Plan (RASP) and the City of Alameda's proposed"settlement agreement" as alternatives to the project. The EIR identifies the reasons that each of thesealternatives would not satisfy the purpose and need for the project and cannot feasibly achieve the Port'sproject objectives in a reasonable time frame. Further, the additional project components proposed bythe RASP would result in more environmental impacts than the ADP. It is recommended that the Boardincorporate and adopt these reasons by reference in its Findings and reject these on-airport alternatives.

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4. Additional Suggested Alternatives.

In their comments on the DEIS/EIR, several commentators suggested a number of additional purportedalternatives for evaluation in the EIS/EIR. It is recommended that the Board find that each of thesesuggested alternatives are not viable alternatives to the ADP because they will not achieve most of theprimary objectives of the ADP, and are not feasible alternatives to the ADP, as is explained in theresponses to comments contained in the Final EIR. It is recommended that the Board adopt andincorporate by reference the reasons stated in the response to comments contained in the Final EIR as itsgrounds for rejecting adoption of these proposed alterations as infeasible.

III. STATEMENT OF OVERRIDING CONSIDERATIONS

Section 15093 of the State CEQA Guidelines provides that where the decision of a public agency allowsthe occurrence of significant effects which are identified in the Final EIR, the agency shall state inwriting specific reasons to support its action based on the Final EIR and/or other information in therecord. This statement is referred to as a "statement of overriding considerations".

It is recommended that the Board find and determine that the potentially significant impacts of the ADPwill be reduced to less than significant levels by the mitigation measures adopted by the Board, exceptfor the remaining significant impacts described above. It is further recommended that in light of theoverriding considerations set forth below, that the Board further find and determine that the benefits ofthe ADP outweigh these remaining significant, adverse impacts. These considerations warrant approvalof the ADP notwithstanding such remaining significant impacts. Each of the overriding considerationsset forth below constitutes a separate and independent ground for finding that the benefits of the ADPoutweigh its significant adverse environmental impacts and is an overriding consideration warrantingapproval.

The ADP would accommodate forecast passenger and air cargo growth and relieve existing andforecast congestion, inconvenience and delay at MOIA, by:

Relieving congestion and passenger delays at the Airport Terminal during peak andnonpeak periods.

Providing additional aircraft maintenance and support facilities.

Providing additional air freight and air mail facilities to accommodate forecast increasesin air cargo operations in 2000.

Satisfying aircraft parking requirements under forecast conditions.

Widening two taxiways to permit aircraft to pass one another, reducing congestion anddelay in the vicinity of Runway 11/29.

Providing 12 new aircraft gates to accommodate the expected increase in the number ofpassengers using the Airport in 2000.

Constructing a new rental car service facility that would provide much needed space torental car companies, reducing associated delays and operational costs and increasingcustomer service.

Improving existing on-airport transportation and parking systems to decrease congestionand accommodate the expected increase in the number of passengers using the Airport in2000.

B. Construction of the Airport Roadway Project, including direct connections between the Airportand the City of Oakland and Interstate 880, would improve access and achieve regionaltransportation benefits.

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C. The ADP would allow the Port to remain a competitive west coast airport which would bedesigned to best serve its share of regional aviation activity by

Meeting the Port's planning criteria for passenger terminal facilities

Accommodating forecast freight and mail volumes consistent with Port standards andtenants' requirements.

Supporting a balanced mix of air cargo and air passenger facilities toaccommodate forecast demand.

D. The ADP would maintain and enhance the Airport's role as a major economic generator withinthe region and provide a substantial increase in regional employment.

IV. APPROVAL OF AIRPORT DEVELOPMENT PROGRAM

Subject to the foregoing, it is recommended that the Board approve the Airport Development Program,including the Measure B Airport Roadway Project which is a specific project component of the Program.In addition, it is recommended that the Board commit to the Port's pro-rata Local Match share of alleligible project costs for the Airport Roadway Project. The Measure B Funding Agreement among theAlameda County Transportation Authority ("ACTA"), the Port, the City of Alameda and the City ofOakland, as revised in accordance with the Board's approval on December 2, 1997, provides that within60 days after the Port files a Notice of Determination regarding the Airport Roadway Project each of theother three parties will approve the ARP, and each of the Port, Alameda and Oakland will commit to itspro rata local match share of all eligible project costs for the ARP.

RECOMMENDATIONS:

It is recommended that the Board adopt a resolution:

(a) Certifying that it has reviewed and considered the information contained in the Final EIR for theAirport Development Program, that the EIR has been prepared in compliance with CEQA, the StateCEQA Guidelines and the Port CEQA Guidelines and finding that the Final EIR reflects the independentjudgment of the Board, as set forth in section I-G, above.

(b) Adopting the mitigation measures set forth in Appendix 1 as conditions of approval of theAirport Development Program.

(c) Adopting the Mitigation Monitoring and Reporting Program set forth in Appendix 2.

(d) Adopting the CEQA findings regarding mitigation measures, project impacts, and alternativescontained in sections I and II above

(e) Adopting a statement of overriding considerations finding that the benefits of the proposedproject outweigh the project's significant adverse environmental impacts contained in section III above.

Approving the Airport Development Program, including the Airport Roadway Project, andcommitting to the Port's pro-rata local match share of all eligible project costs for the Airport RoadwayProject.

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APPENDIX 1

PORT OF OAKLANDIMPACT FINDINGS AND MITIGATION MEASURES

FOR THE

Metropolitan Oakland InternationalAirport Development Program

A. POTENTIALLY SIGNIFICANT IMPACTS AND ADOPTED MITIGATIONMEASURES

SIGNIFICANCE AFTERIMPACT MITIGATION MEASURE MITIGATION

4.1 Noise

Aircraft Noise and Vibration

Aircraft-related noise and vibration (I) The Port of Oakland would offer noise

Significantlevels in the vicinity of Metropolitan insulation for all residences (excluding thoseOakland International Airport (MOIA) for which the Port holds avigation easements)in 2000 and 2010 would change as a located within the 65 to 70 CNEL contour toresult of increases in passenger and air reduce interior noise to acceptable levels.cargo aircraft activity and changes in Eligible residences would be determined basedthe aircraft fleet mix and runway on review of annual noise monitoring reports.utilization patterns at the Airport. Noise insulation would also be offered forUnder the year 2010 ADP scenario school buildings that lie within the future 65evaluated in the EIR, aircraft noise CNEL contour in cases where the facades ofimpacts would be significant by 2010 such buildings would not provide sufficientunder the proposed ADP on Bay Farm attenuation to ensure an interior noise level ofIsland and in San Leandro. 45 CNEL or less in all classrooms.

(2) The Port of Oakland would take actionsnecessary to accommodate projectedcommercial jet aircraft arrivals on Runway 27Lin 2010 rather than on Runway 27R for thepurpose of shifting the projected 65 CNELcontour from the Interstate 880 corridor, whereresidential uses are located, to the west whereland uses are generally industrial.

(3) The Port of Oakland shall continue toimplement noise abatement policies, such aspreferential runway use pattems, noiseabatement flight tracks, and support for use of theSilent 7 procedure during the hours of 10:00 p.m.to 7:00 a.m. to avoid additional impacts toresidential uses in the vicinity of the Airport.

Surface Traffic Noise

Growth in passenger and air cargo (1) In consultation and coordination with the City Significantvolumes at MOIA under the proposed of Oakland, other ARP participants, and theADP would contribute to an increase in affected residents, the Port of Oakland (alongsurface traffic-related noise along the with other ARP participants) would constructroads serving MOIA. two noise barriers (one on the north side and

another parallel to it on the south side) along98th Avenue to reduce noise impacts onresidences if, once consulted, the City ofOakland and residents most affected by trafficon 98th Avenue favor such construction. Evenwith barriers, the residual impact would besignificant for a few of the residences closest to98th Avenue. Alternatively, if barriers wouldnot be constructed, then the ARP participantswould offer acoustical insulation to residentswho would be significantly affected. If theARP participants select not to implement thismeasure, the Port of Oakland would ensureimplementation on its own.

(2) The Port of Oakland would coordinate with theCity of Alameda to discourage MOIA-relatedtruck traffic from using Maitland Drive.

Construction Noise

Construction of additional facilities at Mitigation measures would include the following SignificantMOIA or in the vicinity would specifications in construction contracts for ARPtemporarily increase noise levels near segments 1 and 6: (1) Noise-generatingconstruction sites. Noise generated construction activities shall be limited to the hoursoff-site during construction of the ARP of 7:00 a.m. to 7:00 p.m., Monday through Friday,would be significant due to the where possible; (2) Construction equipment shallproximity of residential uses. be equipped and maintained with effective

muffling devices; and (3) Construction stagingareas shall not be located closer than 500 feet fromresidences unless there are no reasonablealternatives.

4.3 Social Impacts

Home and Business Relocation

Development of ARP Segments 5 and (1) Fair and reasonable relocation compensation6 would require relocation of two to and assistance will be provided pursuant tothree residential units and three Title II of the Uniform Relocation andbusinesses. The Port would also allow Assistance and Real Property Acquisitioncurrent commercial leases to expire at Policies Act of 1970 and the State of CaliforniaNorth Airport to permit construction of Relocation Assistance Act.new facilities included in the ADP.

(2) The City of Oakland will develop a relocationplan when the right-of-way is determined. TheCity's Relocation Plan will provide thatfamilies to be displaced are offered comparableor better housing that is adequate to their needs.

(3) Provide displaced businesses and residents withat least 90 days notice for vacating property.

(4) (a) Businesses on 98th Avenue affected byland acquisition would be compensated fortheir land.

(b) The loss of spaces in any parking facilitywould be compensated to the lessor and lessee.

(5) The Port will assist in the relocation of affectedtenants at North Airport if requested and to theextent feasible.

4.5 Air Quality

Criteria Pollutant Emissions

Increases in air passenger and air cargo (I) The Port of Oakland would ensure thevolumes would affect the total amount conversion of (or replacement of)of criteria air pollutant emissions gasoline/diesel-powered GSE vehicles used at(Nitrogen Oxides, particulates and MOIA toAvith alternatively fueled (i.e.,Reactive Organic gases) generated by compressed natural gas (CNG) or electricity)activities at MOIA. vehicles to reduce ROG and NO, emissions

associated with Airport operations. Thismeasure is intended to cover the Port's ownGSE vehicles at MOIA as well as those used byMOIA tenants.

(2) The Port of Oakland would install groundpower and pre-conditioned air at newlyconstructed and renovated terminal gates andwould retrofit existing gates to provide pre-conditioned air (they are already equipped toprovide power), thereby reducing the emissionsassociated with use of auxiliary power units(APUs) and certain GSE.

(3) The Port of Oakland would encourage thevan/shuttle fleet regularly serving MOIA to beconverted to alternative fuels (i.e., compressednatural gas (CNG) or electricity) to reducepollutant emissions.

(4) The Port of Oakland would develop andimplement a trip reduction program incoordination with its tenants at MOIA.

(5) The Port of Oakland would increase thefrequency of AirBART shuttle operations andenhance passenger and worker awareness ofthis service to reduce single-occupantautomobile use and thus pollutant emissions.

Less than significant.

Significant

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(6) The Port of Oakland would support andpromote the development of the BART-Oakland International Airport IntermodalConnector Project to shift on-road motorvehicle trips from private automobiles to masstransit, thus reducing VMT and associated on-road dust entrainment as well as motor-vehicle-related ROG and NOx emissions.

(7) The Port of Oakland would design the AirportRoadway Project, which is a component of theproposed ADP, to include bike lanes and wouldprovide bicycle racks and lockers/showers indesignated ADP facilities to encourage MOIAemployees to bike to work.

(8) Pursuant to the General Conformity Rule, thePort of Oakland would purchase (and retire)emissions credits from BAAQMD's emissionsbank to the extent necessary (taking intoaccount the other mitigation measures) toachieve "no net increase" in ROG and NOxemissions relative to the no project alternative.

(9) New or expanded ADP maintenance facilitiesthat would substantially increase throughput orstationary-source pollutant emissions shallapply to BAAQMD for a permit or permitmodification. The Port shall ensure thattenants who seek to expand aircraftmaintenance operations at MOIA have receivedthe necessary permits from BAAQMD.

Criteria Pollutant Concentrations

Changes in activity levels at MOIA The Port of Oakland would adopt the state one- Significantwould result in changes in ambient hour average NO2 standard as a performanceconcentrations of criteria air pollutants standard for property-line NO2 concentrationsin the Airport vicinity under the from MOIA-related activity. EDMS dispersionproposed ADP. By 2010 under the modeling indicates that significant one-hour-ADP, one-hour average NO2 average NO2 concentrations would not occur untilconcentrations could exceed the well after 2000 (but prior to 2010) under the ADP.applicable state ambient air quality Accordingly, this measure would include post-standard in the immediate vicinity of 2000 monitoring of NO2 concentrations.the northwestern end of Runway 11/29 Monitoring would be carried out at the property-on the rare occasions when high line east of the northwestern end of Runway 11/29aviation activity levels coincided with over reasonable periods (e.g., the month ofstagnant wintertime meteorological December) and at reasonable intervals (e.g., every thirdconditions. Ambient concentrations year). Monitoring results would then provide the basisunder the no project altemative would for remedial action (e.g., property acquisition) if thenot exceed any applicable ambient performance standard were exceeded.standard.

Cumulative Criteria PollutantEmissions

The proposed ADP would contribute Mitigation measures identified in the Final

Significantincrementally to cumulative regional EIS/EIR and discussed above for criteria pollutantgrowth in employment, housing, emissions would reduce cumulative criteriasurface traffic, and aviation activity; pollutant emissions.the ADP would also contributeincrementally to cumulative regional Criteria Pollutant Emission Mitigations 1 throughindustrial development. Criteria 9, above, encompass all of the Transportationpollutant emissions (Nitrogen Oxides, Control Measures (TCMs) contained in the '94particulate matter and Reactive CAP that are relevant to the Port's administration ofOrganic gases) generated by MOJA with one exception, TCM #7 (Improvecontinuing growth and development in Ferry Service).the region would impede attainment ofambient air quality standards forpollutants currently designated as"non-attainment".

Cumulative Criteria Pollutant Emissions Mitigation1. The Port of Oakland would initiate the study ofpotential new ferry service for passenger and cargobetween MOIA and SFIA. The Port would initiatea study of ferry service in consultation withBAAQMD, MTC, and SFIA to determine thefeasibility and cost-effectiveness of the measure inreducing emissions.

Toxic Air Contaminant Emission

Additional ROG combustion productsgenerated by aircraft, on-road motorvehicles, and ground supportequipment would increase toxic aircontaminant (TAC) emissionsassociated with MOIA operations in2000 and 2010.

TAC emissions associated with the proposed ADP Significantwould be reduced roughly in proportion to thedecrease in ROG emissions that would result fromimplementation of Criteria Pollutant EmissionMitigations 1 through 9.

Construction Criteria PollutantEmission

Construction activities wouldtemporarily but significantly increasePlvl 0 emissions.

Less than significant.The Port would include the following mitigationmeasures in construction contracts related to thedevelopment of the ADP to reduce emissions fromconstruction.

A Water all active construction areas at leasttwice daily (using non-potable water wherefeasible).

11 Cover all trucks hauling soil, sand, and otherloose materials or require all trucks to maintainat least 2 feet of freeboard (i.e., the minimumrequired space between the top of the load andthe top of the trailer).

C Pave (e.g., gravel, asphalt), apply water threetimes daily, or apply (non-toxic) soil stabilizerson all unpaved access roads, parking areas, andstaging areas at construction sites.

D Sweep daily (preferably with water sweepers)all paved access roads, parking areas, andstaging areas at construction sites.

E Sweep street daily (preferably with watersweepers) if visible soil material is carried ontoadjacent public streets.

F Hydroseed or apply (non-toxic) soil stabilizersto inactive construction areas (previouslygraded areas inactive for ten days or more).

G Enclose, cover, water twice daily, or apply(non-toxic) soil binders to exposed stockpiles(dirt, sand, etc.).

II Limit traffic speeds on unpaved roads to 15mph.

I Install sandbags or other erosion controlmeasures to prevent silt runoff to publicroadways.

I Replant vegetation in disturbed areas as quicklyas possible.

K Designate a person or persons to oversee theimplementation of a comprehensive dustcontrol program and to increase watering, asnecessary.

I. Maintain and operate construction equipmentso as to minimize particulates from exhaustemissions. During construction, trucks andequipment should be running only whennecessary. Equipment should be kept in goodcondition and well-tuned, to minimize exhaustemissions.

The Port shall require that construction contractorsdocument compliance with BAAQMD Regulation11, Rule 2 where construction activities mightinvolve the demolition of a building containingasbestos building materials.

The following measures shall be implemented toreduce significant ROG and NOx emissions duringthe construction period:

• Require construction contractors to documentthat their equipment has been maintainedaccording to manufacturers maintenanceschedule or that the equipment has beenrecently tuned.

• Require that this equipment be maintained andkept well-tuned during the course ofconstruction.

• Require that trucks and equipment not beallowed to idle without purpose for longperiods.

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Construction Water Quality

Construction of the proposed projectwould include clearing, grading,excavation, and other activitiesresulting in surface disturbance ofsoils. These actions would exposesoils to erosion and sedimentation inon-site drainages, thereby contributingto sediment and any associatedpollutant loading of surface runoff.

(3) Monitor specific facilities that have agreater chance to affect storm water quality or havenon-storm water discharge.

(4) The following BMPs and facilitiesimprovements will be considered as possible back-up measures for future incorporation in the SWPPPif determined necessary to improve theeffectiveness of the SWPPP:

• Comparison of the existing configuration,vegetation, and sizing of the detentionponds and vegetated channels to BMPdesign criteria (e.g., for wet pond andconstructed wetlands, as described in theCalifornia Water Best ManagementPractices Handbook [Stormwater QualityTask Force, 1993]); and, as needed,implementation of internal modifications tomaximize effectiveness of the detentionponds in removing sediment, nutrient,heavy metals, toxins, floatable material,oxygen-demanding substances, and oil andgrease; and

• On a project-by-project basis, installation ofpermanent barriers to protect on-sitewetlands as necessary (e.g. from long-termexposure to contaminated runoff fromdeveloped upslope surfaces within theproject area).

(1) For all construction activities associated withthe ADP that involve disturbance of land,regardless of the acreage, the Port wouldrequire its contractors to develop a SWPPP.For all construction projects of five acres ormore, the contractors would be required tosubmit a Notice of Intent and site map to theRWQCB and prepare a SWPPP to be coveredunder the General Construction Storm WaterPermit;

4.6 Water Quality

Operational Water Quality

Expansion of impervious surfaces at The following measures shall be implemented to

Less than significant.MOIA under the ADP, in combination reduce the potential for contamination of on-sitewith increased aircraft and ground wetlands, groundwater, and off-site receivingvehicle operations, would potentially waters:lead to elevated levels of hydrocarbonsand other contaminants in storm water (I) In conjunction with the Port's Regionaldischarges and in groundwater in 2000. Stormwater Pollution Prevention ProgramHydrocarbon and other contaminant (SWPPP), continue to implement and evaluate theconcentrations would also potentially effectiveness of specific Best Managementincrease in storm water under the no Practices (BMPs), including but not limited toproject alternative because of increased protection of storm drains, response to spills,aircraft and ground vehicle operations. regulation of aircraft fueling and de-icing, andContaminant spills and leaks at prevention of solvent and non-solvent cleaners,.existing and proposed project facilities aircraft fluids, and aircraft washwater from enteringcould infiltrate into groundwater. storm water; maintain records of training,

inspection, spills, hazardous waste disposal, andmaintenance on-site; audit SWPPP annually,evaluate, and modify BMPs as warranted, andreport to RWQCB as required by regional permit.

(2) Continue to assist Port tenants inimplementing site-specific SWPPPs and associatedBMPs, as well as conduct Group MonitoringProgram.


Construction of proposed ADPfacilities requiring subsurfaceexcavations greater than about I footbelow the existing surface couldintercept shallow groundwater,affecting water quality.

Cumulative Water Quality

Development of the proposed project,in conjunction with related projects atMOIA, could result in significantcumulative increases in contaminantlevels in storm water discharges andgroundwater in 2000 and 2010.Increased operations in existingfacilities at MOIA under the no projectalternative could also result in elevatedcontaminant levels in storm waterdischarges and groundwater.

(2) The Port of Oakland would employ design andengineering techniques in constructing andoperating proposed ADP facilities to reduce thepotential for direct impacts of shallowgroundwater interception and indirect effects ofshort or long-term dewatering.

(3) Final project design for all below-gradefeatures would include provisions to reduce theneed for groundwater pumping that couldcontribute to settlement and/or surface waterquality degradation. Since the location of newor expanded facilities is highly constrained byother factors, and shallow groundwater mayexist throughout the project area, the provisionswould emphasize efforts to reduce the amountof excavation necessary and the amount andduration of dewatering; and

(4) Prior to construction, in areas that wouldrequire short-term or long-term groundwaterpumping, groundwater samples would becollected to determine the quality ofgroundwater and to determine appropriatemethods for discharge of groundwater. Waterquality results would be provided to theappropriate agency depending on the method ofdischarge. If discharge would be to surface orground waters, the Port would contact theRWQCB and obtain any permits deemednecessary by the agency. If discharge would beto the sanitary sewer, the Port would contactthe EBMUD and obtain any required permits.If disposal of groundwater would be to an off-site location, the Port would contact theRWQCB or other regulatory agency, obtain thenecessary permits, and arrange for off-sitedisposal.

The operational water quality mitigation measures Less than significant.discussed above would also address cumulativewater quality impacts.

4.8 Cultural Resources

Potential Historic/Archaeological

Earthmoving activities associated with In the event that any prehistoric and/or historicconstruction of various proposed ADP archaeological resources are discovered duringfacilities could result in the discovery construction or earthmoving activities, all workof previously unknown subsurface within 100 feet of the resources shall be halted andprehistoric and/or historic the significance of the find shall be evaluatedarchaeological resources. Given the immediately by a qualified archaeologist.proximity of known prehistoricarchaeological resources in the APE If any find were determined to be significant by theand the potential for prehistoric qualified archaeologist, then representatives of thearchaeological resources to exist near construction contractor, the Port, and the qualifiedthe bay margin, the potential for buried archaeologist would meet to determine theresources exists although the area of appropriate course of action. If the discoverypotential resources would likely be included human remains, the provisions oflimited to North Airport. Section VIII of CEQA Guidelines Appendix K

would be implemented, requiring coordination withthe Native American Ileritage Commission if thehuman remains are of Native American origin. Allsignificant cultural materials recovered as part ofthe monitoring program would be subject toscientific analysis, professional museum curation,and a report prepared by the qualified archaeologistaccording to current professional standards.


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4.9 Biotic Communities

Burrowing Owl

During construction and operational

The Port shall develop an approved plan of actionphases of project development, to mitigate construction impacts to burrowingindividual burrowing owls may be owls and their burrows, and to provide forwounded or killed or burrows could be long-term maintenance of a stable burrowingdestroyed. The burrowing owl is a owl population. The following measuresstate species of special concern, and would achieve these goals:therefore does not enjoy full protectionunder the federal and state Endangered (1) aintai Runw. Safet Are In order toSpecies Acts. However, CDFG reduce the potential for burrowing owl strikes,recommends that impacts to this the Runway Safety Areas should be maintainedspecies be considered significant in free of nesting burrowing owls. Burrows thatenvironmental impact analysis because could be occupied by burrowing owls in anybreeding populations are considered by Runway Safety Area or on pavement shouldersthe state to face extinction, should be closed and compensated by installing

one artificial burrow in an adjacent burrowingowl management area.

(2) Airport Construction; The Port of Oaklandwould provide the replacement of artificialburrows and facilitate a passive relocation ofthe owls away from construction zones outsidethe nesting season (February 1 to August 31).In order to do so, the Port of Oakland wouldabide by the following specifications: (a)Conduct pre-construction surveys prior toground-disturbing activity; (b) Conduct pre-construction burrow monitoring for owloccupancy; (c) Provide artificial burrows forburrows that will be impacted by construction; and(d) Excavate and physically close natural burrowsprior to ground-disturbing activities.

(3) Burrowing Owl Management Areas. If the owlnest would be affected, the Airport shouldcoordinate with CDFG and FAA to designateinfield areas for the purpose of burrowing owlmanagement. Burrowing owls that haveestablished nests in Runway Safety Areas orconstruction areas should be relocated todesignated management areas. Burrowing ow!management areas will be mowed according tothe regular mowing regime throughout theAirport infields to maintain the low, openvegetation that is an important characteristic ofburrowing owl habitat.

(4) Burrowing Owl Population Monitoring. Thefollowing activities should be implemented tomonitor the burrowing owl population atMOIA: (a) Continue collecting data on thedistribution and abundance of burrowing owlsthroughout the Airport; (b) Monitor burrowingowl use of designated management areas; (c)Conduct a breeding season census and a non-breeding season census of the population ofburrowing owls on the Airport; and (d) Preparean annual survey report on the status of theburrowing owl population at the Airportincluding population estimates for the non-breeding (winter) and breeding (summer)seasons, and an estimate of the annualproduction of young.

(5) Obtain Burrowing Owl Management Plan Approval. The measures included above wouldbe submitted to CDFG and USFWS forapproval. Approval of the measures forconsistency with the CDFG's Staff Report onBurrowing Owl Mitigation (approved October17, 1995) would also be obtained.


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Cumulative Burrowing Owl

The ADP, together with the two The mitigation measures identified in the Finalairfield improvements (extension of EIS/EIR for project impacts on burrowing owlRunway 11/29 and construction of a would also address cumulative impacts on thehigh-speed exit taxiway) that may be species.considered for implementation prior to2010, could contribute to cumulativeimpacts on burrowing owl, a statespecies of special concem. Thisspecies has been observed at thenorthwest end of Runway 11/29;occupied nests and/or individualscould be directly destroyed by therelated airfield projects, as well as bycomponent projects of the ADP.

1.ess than significant.

4.11 Wetlands

Wetlands

Development of the proposed ADP Subject to U.S. Army Corps of Engineers (COE) Less than significant.would impact habitat values associated approval of a Section 404 Permit, mitigation forwith 7.3 acres of wetlands subject to placing fill in wetlands would be achieved throughjurisdiction under Section 404 of the avoidance of roost existing wetlands, minimizationClean Water Act by directly placing of fill where avoidance is not feasible, andfill and/or indirectly altering wetland compensatory restoration or creation of 8.3 acres ofhabitat conditions. The proposed ADP wetland communities on-site. Compensatorywould also impact approximately 63 mitigation would achieve the minimum overallacres regulated under Section 10 of the goal of no net loss of wetland acreage and valueRivers and Harbors Act. Impacts are and replace filled wetlands to a ratio of 1.14:1.considered potentially significant onlyfor those Section 10 areas that are alsosubject to Section 404.

Cumulative Wetlands

Development of the proposed ADP, in If and when related projects are proposed, that Less than significant.combination with related projects at include wetlands that are susceptible to fill and alsothe Airport and in its vicinity, wouldhave a cumulative, significant impacton habitat values associated withwetlands and other waters by placingfill and/or altering wetland habitatconditions.

subject to COE approval, such areas would beidentified, and compensatory mitigation would bedesigned to achieve a minimum goal of no net lossof wetland acreage and value.

4.12 Floodi Band Floodplains

Localized On-Site Flooding

Development of the proposed project The Port would install new drainage infrastructurewould expand the area of impermeable prior to occupancy of structures and roadwayssurfaces at MOIA in 2000, thus constructed or expanded as part of the ADP toincreasing storm water runoff volumes accommodate storm water flows. Because MOIAand peak flows. Proposed increases in is outside of the 100 year floodplain, ADP drainageimpervious area off the Airport could infrastructure would be designed to protect fromalso result in significant ponding and lesser flooding events, in general, to accommodateflooding impacts. Impacts of localized flooding from the 25 year storm event. Inundationon-site flooding due to increased of construction areas due to dewatering would berunoff from proposed impervious areas avoided by discharging groundwater directly toin sub-basins and/or from proposed detention ponds at the Airport.project components in areas whereflooding/ponding currently occurs As indicated by the map for 100-year floodplaincould be significant. and Flood Hazard Zones, most of the operational

areas of the Airport arc classified under Zone C,"Areas of minimal flooding." Historically, the Porthas generally used 25-year storm intensity as thedesign storm in drainage design of criticalfacilities, based on potential flooding impacts onsafety and economic considerations. In the eventof a 100-year storm occurrence, there would beanticipated localized flooding, but no significantimpacts to safety.


Cumulative Localized On-SiteFlooding

Development of the proposed project,in conjunction with related projects atMOIA, would expand the area ofimpermeable surfaces at MOIA in2010, thus increasing cumulative stormwater runoff volumes and peak flowsthat could result in temporary,localized on-site flooding. This wouldbe a cumulative, significant impact.

Implementation of the localized on-site flooding Less than significant.mitigation discussed above would also address thiscumulative impact.

Floodplain Encroachment

The bridge abutment and/or fill Since publication of the Draft EIS/EIR in Less than significant.required for expanding the bridge September 1996, the Port's engineering consultantcrossing over 98th Avenue as proposed has prepared preliminary studies for the 98thin the ADP (ARP Segment 6) would Avenue bridge widening. Based on consultationpotentially encroach into the San with the Alameda County Flood Control DistrictLeandro Creek 100-year floodplain. that includes submission of preliminary plans for

the bridge piers and abutment, significantfloodplain encroachment is not expected to resultfrom widening of the 98th Avenue bridge proposedas part of the ADP. No substantial alterations tolocal, upstream, or downstream flood hazards orfloodplain values are foreseen as a result of thewidening, as presented in preliminary designs andspecifications. Preliminary plans that have beenrevised following discussion with County staff toorient pier units parallel to the creek flow tominimize hydraulic impacts and to orientabutments parallel to the creek banks to minimizeplacement of fill. The Flood Control District hasdetermined that designs submitted for the bridgewould substantially reduce potential impacts to thefloodplain.

Loss of Flood Storage Capacity

Construction impacts of the proposed The Port of Oakland would develop an erosion and Less than significantproject, including surface disturbance, sedimentation control plan at such time that design-excavation, stockpiling, and grading, level grading plans are prepared to reduce thewould expose soils to erosion and potential for sedimentation due to wind and watersedimentation in on-site drainage erosion of soils and fill during construction. Thefacilities, wetlands, or ponds, leading plan would include feasible methods to stabilizeto a loss of flood storage capacity. soils and fill by covering of surfaces and/or

revegetation. The specific measures to beemployed shall include, but are not limited to, thefollowing:

• Active grading and excavation would belimited to the dry season to the greatest extentfeasible (May to October), especially forgrade-separated structures;

• If grading and/or excavation occurs during therainy season, measures to control runoff andprevent erosion and sediment from enteringon-site wetlands and detention ponds wouldbe provided, such as barriers around catchbasins and silt fences around adjacent anddownslope wetlands, with periodic monitoringand sediment removal as needed;

• Stockpiles and/or barren areas that would beinactive over a rainy season would betemporarily stabilized by mechanical orvegetative controls; and

• Upon completion of construction activities foreach project, all disturbed areas notpermanently covered by pavement orstructures would be stabilized by vegetative orother biotechnical and mechanical measures asneeded to prevent long-term erosion andsedimentation impacts to adjacent wetlandsand/or storm water detention ponds.

4.20 jlazardous Materials andWaste

Contaminated Soils

. Development of the proposed ADP Contaminated Soils Mitigation 1. The Port would Less than significant.could pose a threat to public health or inspect or test, prior to project construction, eachthe environment by exposing existing project component involving excavation of soils orcontaminated soils or groundwater intrusion into groundwater that could potentially beduring excavation and/or construction contaminated. This mitigation measure would beof specific proposed project applied at locations involving excavation orcomponents. disturbance of soils, or intrusions into groundwater,

that are identified in the Phase I EnvironmentalSite Assessment as possessing known or possibleenvironmental conditions warranting additionalinvestigation.

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Appropriate site investigations would be carriedout, such as those sampling and testing provisionsmandated during UST removal. Samples would becollected and tested where the presence ofenvironmental impairment is known or suspectedin areas that the project would disturb.

The Port would contract to have the inspection ortests conducted based on site conditions, and areport would be prepared identifying the potentialhazards and recommending site remediation, ifnecessary, or construction mitigation. Inspectionreports would be on file prior to project excavationor construction.

Contaminated Soils Mitigation 2. In the event thatsite inspections uncover petroleum contamination,underground storage tanks, abandoned drums,ACM, or other hazardous wastes or environmentalimpairment in the project area, the Port would havea plan prepared that would: (I) specify measuresto protect workers and the public from exposure topotential site hazards; and (2) certify that theproposed remediation measures would clean up thewastes, dispose the wastes, and protect publichealth in accordance with federal, State, and localrequirements. The Port would submit the results ofthe site inspections and the proposed remediationplan to the appropriate regulatory agency forapproval prior to initiating construction in theaffected area. Work in the area of potential hazardwould not proceed until the plan is approved by theregulatory agency and on file with the Port. Theapproved remediation plan would be implementedto the satisfaction of the regulatory agency.

In accordance with OSI-IA requirements, the Port'scontractor performing work at a knowncontaminated site shall have in place a site healthand safety plan for the protection of its workers andthe public. All reports, plans, and otherdocumentation related to this mitigation measureshall be added to the project administrative record.Compliance is self-certified by the contractor whoperforms the work.

Each structure that has not already been inspectedin an asbestos survey would be inspected by aqualified environmental specialist retained by thePort. If found, asbestos would be managed asrequired by law and according to federal or stateguidelines. The mitigation would ensure thatasbestos in buildings would be properly identifiedand abated or removed prior to demolition.

Asbestos

Development of the proposed ADPcould expose construction workers tocontaminants present in hazardousbuilding materials, such as asbestos inexisting buildings to be renovated ordemolished, or could inadvertentlyexpose the public or the environmentto those contaminants.


Hazardous Materials Use

Project development could potentially Hazardous Materials Use Mitigation I. The Port Less than significant.increase use of hazardous materials at would provide copies of Ordinance No. 3009buildout in 2000 and in 2010, requiring regulatory compliance with the use ofpotentially threatening the safety of hazardous materials to tenants occupying the twoAirport occupants, workers, or the passenger terminals proposed for expansion underpublic. Increased operations at MOIA the ADP, the new equipment service center, the jetunder the no project alternative could fuel dispensing facility, new FedEx Metroplex, thealso result in increased use of expanded UAL Maintenance Base, and all otherhazardous materials. proposed maintenance and rehabilitation facilities.

Jaazardous Materials Use Mitigation 2.a.) In conformance with current Port policy, thePort would provide its Guidelines for HazardousMaterials Management to Port personnel who areinvolved in the handling of hazardous materialsand waste. Port personnel, including Airport staffinvolved with utilities, maintenance and equipmentsystems would be required to undergo a hazardousmaterials training program to ensure the properhandling, use, and disposal of hazardous materials.

b.) Tenants would be audited for compliance withhazardous materials regulations and technicalassistance would be provided by the PortEnvironmental Health and Safety Program.

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Hazardous Materials Use Mitigation 3. The Portwould review its Guidelines for HazardousMaterials Management in the context of newlegislation or revised regulations as they arepromulgated, and update the guidelines (lastupdated in 1991) in a timely manner. The Portwould provide Port personnel with copies of eachguidelines update.

I lazardous Materials Use Mitigation 4. The Portwould continue to require new and renewingtenants to list in their leases any hazardousmaterials they use, store, or plan to use or store ontheir leasehold.

Hazardous Materials Use Mitigation 5. The Portshall continue to perform hazardous materialsinspections of selected tenant facilities, as requiredby the Port's wastewater discharge permit.Inspections would be done in accordance withpermit compliance and reporting requirements.

Hazardous Materials Use Mitigation 6. The Portshall require that all Port employees who conducthazardous materials audits or work with hazardouschemicals have health and safety training. This isan OSIIA requirement under the Worker Right-to-Know regulations found in the Code of FederalRegulations, Title 29. The training should includethe proper use of safety equipment, hazardidentifications, and proper handling and disposal ofspilled hazardous materials. Training records shallbe kept in the Port's administrative files.

Hazardous Materials Use Mitigation 7. The Portshall continue to prepare and update its hazardousMaterials Business Plan (IIMBP), and require itstenants to do the same, to provide an inventory ofhazardous substances stored on-site and proceduresfor handling and emergency response.

Hazardous Materials Spill

The increased levels of aviation Hazardous Materials Spill Mitigation 1.activity and other operations would a.) The Port shall continue its annual audits ofincrease the magnitude of hazardous tenant facilities that handle or store hazardousmaterials use and handling at the materials or waste. This action is required byAirport, which in turn would increase EBMUD as part of reporting requirementsthe risk of hazardous materials spills. established by the Port's Wastewater DischargeAn inadvertent or unauthorized Permit.hazardous materials spill could resultin contaminant loading to either the b.) Noncompliance or other problems foundsanitary sewer (i.e., EBMUD during the audit shall be corrected by the tenantwastewater treatment and discharge and reaudited by the Port.system) and/or the storm drain system(i.e., pump stations, holding ponds, andultimately the Bay).

I lazardous Materials Spill Mitigation 2. Shouldany corrective action be required by findings of theAnnual Hazardous Waste Audit, the Port shallnotify EBMUD and the County authorities,depending on the severity of the potential hazard.The County and EBMUD are empowered toenforce hazardous materials storage violations. Atthe Port's discretion, the Port shall request supportfrom the Alameda County Department ofEnvironmental Health, Division of IlazardousMaterials, or EBMUD, should corrective action not becompleted by the tenant as required.

Hazardous Materials Spill Mitigation 3. The Portshall continue to implement its Regional SWPPP,and shall also continue to assist its tenants inimplementing their site-specific SWPPPs andassociated BMPs. The SWPPPs require that eachtenant meeting the regulatory threshold prepare anHMBP and a Spill Prevention Control andCountermeasure (SPCC) Plan. The SWPPP is anongoing and evolving program that is continuallysubject to modification, updating andimprovement, and additional BMPs are developedand implemented as determined necessary by thePort.


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Ilazardous Materials Spill Mitigation 4. The Portshall continue to implement Safety Directive 408(Emergency Response to Hazardous SubstanceIncidents), a Port-wide spill response andemergency plan, that sets forth procedures andresponsibilities in response to spill emergencies orother hazardous materials incidents.

Hazardous Materials Spill Mitigation 5. The Portand its tenants shall continue to develop andimplement various SPCC plans related to above-ground storage tanks, leak detection monitoringprograms, pipeline testing programs, and cathodicprotection programs. In addition, tenants withunderground storage installations would beresponsible for developing and implementing spillprevention procedures, monitoring plans, and spillprevention and emergency response plans.

Hazardous Materials Spill Mitigation 6. The Portshall continue to maintain and implement its Oiland Hazardous Substance Spill Contingency Plan.

Cumulative Hazardous WasteDisposal

Increased generation of hazardous (1) By law, larger hazardous waste operations at Significantwaste resulting from growth in activity MOIA are required to update their hazardous wasteat MOIA would add to cumulative minimization plans every four years. Newhazardous waste disposal requirement operations at the Airport under the ADP would beof the region, placing an additional required to comply with the provisions of SB14, asload on off-site waste management applicable, to minimize commercial wastecapabilities. generation.

(2) The following mitigation measures discussedin part B, below for Hazardous Waste generationwould reduce cumulative waste generation impacts:

Hazardous Waste Generation Mitigation ThePort shall continue to implement and enforce PortOrdinance No. 3009 that requires all tenants tocomply with existing laws and regulationsregarding hazardous materials, including hazardouswaste minimization requirements.

1-tru-do s Waste Gene Mitigation 2. ThePort shall continue to prepare and update itsI IMBP, and require its tenants to do the same, toprovide an inventory of hazardous substancesstored on-site and procedures for handling andemergency response.

Hazardous Waste Generation Mitigation 3. Thel'ort shall require MOIA tenants through leaseprovisions to disclose any hazardous materials usedand to comply with applicable laws and regulationsregarding hazardous materials and hazardous wasteminimization.

Hazardous Waste Generation Mitigation 4. ThePort shall assist tenants in identifying BMPs toprevent storm water pollution and to provideproduct and vendor information regardingenvironmentally safe and recyclable products thatcan be used to reduce the quantities of hazardouswaste generated.

4.21 Transportation and Circulation

Intersection Operations

Under both the proposed ADP and theno project alternative, cumulativeimpacts would occur to levels ofservice in intersections in the vicinityof MOIA.

DOOLITTLE DRIVE / DAVIS LITH D V / D VIS FSTREET Intersection Intersection. Alternative A: Add a secondTraffic volumes would increase at this westbound right-turn lane on Davis Street at thesignalized intersection in 2000, DOOLITTLE DRIVE / DAVIS STREETalthough operating conditions would intersection. Alternative B: Provide a minimumbe LOS C or better. Traffic volumes 1,000-foot-long northbound right-turn lane onwould increase further by 2010, and Doolittle Drive, and a free right-turn lane onunacceptable LOS F conditions would westbound Davis Street at the DOOLITTLEoccur during the a.m. peak hour. The DRIVE / DAVIS STREET intersection. Installimpact at this intersection would be channelized islands that would separate thesignificant in 2010 under the ADP westbound and northbound right tums from(LOS F). Airport contributions to through movements on those legs and that wouldcumulative traffic volumes would be separate northbound through traffic from theabout 5 percent under the proposed westbound-to-northbound right turns.project.

Significant

DOOLITTLE DRIVE / LANGLEYSTREET and MAITLAND DRIVE /ISLAND DRIVE IntersectionsOperating conditions for criticalmovements at these unsignalizedintersections would degrade to LOS Eor F in 2000 and would deterioratefurther by 2010. Under the proposedADP, MOIA would contribute lesstraffic to the intersections than wouldnon-Airport sources.

DOOLITTLE DRIVE / LANGLEY STREET and SignificantM'1 •N V I AN P VIntersections

Install traffic signals at the intersections ofDOOLITTLE DRIVE / LANGLEY STREET andMAITLAND DRIVE / ISLAND DRIVE.

The JEPA would provide the mechanism forimplementing this mitigation measure, as well asadditional transportation mitigations set forth inthis analysis.

OTIS DRIVE / FERNSIDE OTIS DRIVE / FERNSIDE BOULEVARD, OTIS SignificantBOULEVARD. OTIS DRIVE / DRIVE / BAYVIEW / HIGH STREET, andBAYVIEW / I IIGH STREET. and FERNSIDE BOULEVARD / GIBBONS DRIVE /FERNS1DF. BOULEVARD / HIGH STREET IntersectionsGIBBONS DRIVE / HIGH STREETbitgaggliQui Otis Mitigation 1.

a.) Year 2000. Add an exclusive right-turn laneTraffic volumes would increase in and modify the shared through / right-turn lane tothese signalized intersections in 2000 an exclusive through lane on the northbound (Otis)and would increase further by 2010. approach, at the OTIS DRIVE / FERNSIDEUnacceptable LOS E or F conditions BOULEVARD intersection.would result in 2000 at Otis / Fernsideand Fernside / Gibbons / High under b.) Year 2010. In 2010, add an additional right-the proposed ADP. All three of the turn lane to the above-identified 2000 mitigationintersections would experience measure on the northbound approach. Add anunacceptable LOS E or F in 2010 additional left-turn lane to the eastbound (Fernside)under the proposed ADP although the approach.Airport's contribution to traffic in theseintersections would be small. Each of the above mitigation measures for 2000

and 2010 would require acquisition of additionalright-of-way at this intersection.

Otis Mitigation 2. Modify the OTIS DRIVE /I3AYVIEW / I IIGI I STREET intersection asfollows: change the shared through / left-turn laneon the southbound (Otis) approach into anexclusive through lane and add an exclusive left-turn lane and an exclusive right-turn lane; on thenorthbound approach, add an exclusive left-turnand right-turn lane; add an exclusive left-turn laneon the westbound (High) approach; and add anexclusive right-turn lane on the eastbound(Bayview) approach.

This mitigation measure would require acquisitionof additional right-of-way at this intersection.

Fernside Mitigation 1. Possible mitigationmeasures at the FERNSIDE BOULEVARD /GIBBONS DRIVE / HIGH STREET, described indetail in the Gibbons Drive / Fernside Boulevard /High Street Neighborhood Study prepared for theCity of Alameda in 1992, include the partial orcomplete closure of the Gibbons Drive approach.See Appendix 0 of the FEIS/EIR for relevantportions of the Gibbons Drive / FernsideBoulevard / High Street Neighborhood Study.

P• T D IVF • LA AIRPORT DRIVE / ALAN SI IEPARD WAYSHEPARD WAY Intersection. IntersectionOperating conditions for criticalmovements at this unsignalized Install traffic signal at the intersection ofintersection would degrade to LOS E AIRPORT DRIVE / ALAN SI IEPARD WAY.in 2000 and 2010.


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Additional Intersection Impacts. At See intersection mitigations for Doolittle Drive / Significant.five of the intersections discussed Langley Street, Maitland Drive / Island Drive,above, where significant impacts Airport Drive /Alan Shepard Way, Doolittlewould result from cumulative traffic Drive / Davis Street, Fernside Blvd / Gibbonsincreases including MOIA trips Drive / High Street, above.generated under the proposed ADP andthe no project alternative, thedifference between the effects ofprojected ADP traffic and no projectalternative traffic on intersectionoperations would also be consideredsignificant. At two signalizedintersections in 2010, increases in v/cratios resulting from the ADP would beconsidered significant as compared toincreases in v/c ratios under the noproject alternative. At threeunsignalized intersections that wouldexperience significant cumulativeeffects under both the ADP and the noproject alternative, the impacts of theADP also would be measurably greaterthan those of the no project alternativein 2000 and 2010, and therefore areconsidered significant. The affectedintersections are as follows:

Unsignalized Intersections - 2000 and2010

• DOOLITTLE DRIVE / LANGLEYSTREET - AM Peak

• MAITLAND DRIVE / ISLANDDRIVE - AM Peak

• AIRPORT DRIVE / ALANSHEPARD WAY - PM Peak

Signalized Intersections - 2000 and/or2010

• DOOLITTLE DRIVE / DAVISSTREET - AM Peak (2010)

• FERNSIDE BLVD. / GIBBONSDRIVE / IIIGI I STREET - AM(2010) and PM (2000) Peak

Cumulative Impacts to FreewaySegments

Under the proposed ADP, MOIA No feasible mitigation is proposed as part of the Significant.traffic would add vehicle trips to project or identified in the Final EIS/EIR.freeway segments on 1-880 (betweenDavis Street and 98th Avenue;between 98th Avenue and HegenbergerRoad; and between liegenberger Roadand 66th Avenue) contributingincrementally to continuing LOS Fconditions during the a.m. and p.m.peak hours.

Airport Parking

Under the proposed ADP, the Projected demand for public parking could Significant.on-Airport demand for public parking possibly be met with the development of additionalwould increase in 2000 and would parking lots on- or off-Airport. However, physicalincrease further by 2010. The on- as well as financial constraints would make theAirport public parking supply in 2000 feasibility of implementing this mitigationwould accommodate estimated uncertain.weekday rates of parking occupancy.Demand for on-Airport parking wouldnot be met with the proposed ADP in2010.

98th Avenue Off-Street Parking

Development of ARP Segments 5 and6 would result in the loss of off-streetparking spaces for several businesseslocated on 98th Avenue.

Development of all or some of the identified Less than signficant.replacement parking lots would mitigate the impactassociated with the loss of 54 parking spaces inpark-and-ride facilities. Assistance to businessesnot related to MOIA would be provided to developreplacement parking on the same or adjacentparcels so that the business employees andcustomers do not experience parking problems.

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4.22 eol and S ismol

Seismic Ground Shaking/SecondaryGround Failure

Development of the proposed project Seismic Mitigation 1.would increase the number of people a.) The Port of Oakland is required by law toand facilities exposed to structural and conform to the seismic design standards of thenonstructural hazards resulting from most current edition of the Uniform Building Code,possible blind faults, seismic ground recently updated (1994).shaking, and secondary ground failuresat buildout in 2000. Under the no b.) The Port would follow the policies of the Safety &project alternative, continued growth in Seismic Safety Element of the Oaklandactivity at existing MOIA facilities Comprehensive Plan and consult updated versionswould also increase the number of of the Caltrans Highway Design Manual forpeople exposed to earthquakes and structural design criteria for all new buildings,secondary ground failure. roadways, and bridges.

c.) Site-specific geotechnical data would also beobtained and used to determine the most effectiveengineering design.

d.) The Port would employ all feasible engineeringmethods to reduce the potential for damage due tothe various types of seismic ground failure. Thesemethods could include anchoring structures withpre-stressed concrete pilings to bedrock beneathbay muds and fill; densifying all loose foundationmaterials at each construction site; surchargingareas prior to construction with engineered fill;proper placement and compaction of engineeredfill; locally lowering the water table throughpumping; replacing naturally liquefiable materialswith engineered fill; using flexible pavementdesign; and inspection, maintenance, and necessaryshoring of levees.

Seismic Mitigation 2. The Port of Oakland wouldreview and approve final building designs, prior tobuilding occupancy, to ensure incorporation ofappropriate seismic safety provisions that addressnonstructural hazards. Appropriate seismic safetyprovisions would include anchoring, bracing, orrestraining nonstructural elements such asfurniture, shelving, or equipment. Safetyprovisions, such as those in the Bay Area RegionalEarthquake Preparedness Project (BAREPP)publication "Reducing the Risks of NonstructuralEarthquake Damage: A Practical Guide" andABAG's "I Iazardous Material Problems inEarthquakes," that are not already in place wouldbe implemented for all facilities proposed ascomponent projects of the ADP.

Seismic Mitigation 3. The Port of Oakland woulddetermine the adequacy of existing structures towithstand anticipated ground accelerations.Retrofitting strategies would be developed andimplemented in a phased program that wouldensure adequate structural safety for proposed usesto reduce risks associated with increased exposureof people to seismic hazards at MOIA in 2000 and2010.

Cumulative Seismic GroundShaking/ Secondary Ground Failure

Development of the proposed project, The seismic ground shaking/secondary groundin conjunction with related projects at failure mitigations discussed above would alsoMOIA, would contribute to a address this cumulative impact.cumulative increase in the number ofpeople and facilities exposed tohazards from seismic ground shakingand secondary ground failures in 2000and 2010. These seismic hazardscould result in temporary closure ofMOIA.



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Seismically Induced Inundation

Development of the proposed project The Port of Oakland would implement awould increase the number of people contingency plan to respond to the hazards ofand structures potentially exposed to tsunamis and upstream dam failures as part of itsseismically induced inundation from emergency preparedness program.tsunamis and dam failure at buildout in2000. These seismic hazards couldresult in temporary closure of MOIA.Under the no project alternative, thenumber of people exposed to thisseismic hazard would also increase.


Cumulative Seismically InducedInundation

Development of the proposed project,in conjunction with related projects atMOIA, would contribute to acumulative increase in the number ofpeople and structures that could beexposed in 2000 and 2010 toseismically induced inundation fromtsunamis and dam failure. Growth inactivity at MOIA under the no projectalternative would also contribute to acumulative increase in the number ofpeople exposed to seismically inducedinundation.

Settlement

Implementation of the seismically inducedinundation mitigation discussed above would alsoaddress this cumulative impact.


Construction and expansion of a.) The Port of Oakland would obtain site-specific Less than significant.proposed ADP buildings, roadways, geotechnical data and employ all feasibleparking areas, and airfield apron and engineering methods to reduce the potential fortaxiways would expose structures to residual damage due to collapse or settlement ofpotential damage resulting from weak foundation soils, fill, and bay muds.settlement or collapse of weak geologicunits and foundation soils. b.) The technical mitigations would be determined

during design-level planning, but could include:

• removal of weak soils and replacement withengineered fill;

• surcharging bay muds with engineered fill;• constructing at grade rather than using

elevated structures;support of buildings and grade-separated bridgestructures on deep-driven or anchored pilings;

• shoring of excavations to prevent collapse;and

• support of at-grade road surfaces on shallowmats designed to distribute bearing pressuresuniformly downwards.

c.) Adherence to airport structural design criteriaspecified by the FAA would be required. The Portwould design the pavements and bridge at TaxiwayB to support aircraft weight loads in excess of100,000 pounds.

Construction Soils

Interception of shallow groundwater Adherence to standard engineering practices iscould result in effects that include proposed as part of the project and would serve aslong-term hydrostatic stress on mitigation for potential construction soils impacts.structures. Breaching of shallowaquifers through subsurface excavation Final project design for all below-grade featuresduring construction of roadways and shall include provisions to reduce the need forbuildings would disrupt normal groundwater pumping that could contribute togroundwater movement and could settlement. Subsurface structures to be placedcreate sumps that result in settlement below the groundwater table would be designed toof the ground surface. Both settlement withstand any estimated buoyancy effects andand buoyancy effects on structures hydrostatic pressures without experiencingplaced below the groundwater table significant damage. The settlement mitigation,may cause damage to these structures. above, also applies to construction soil impacts.Additionally, dewatering to reduce thepotential for damage due to seismicground failure or for constructionpurposes may weaken soils and lead tosettlement.


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4.23 Public Services and Utilities

Fire Protection and EmergencyMedical Aid

Increases in air passenger and air cargo a.) The Port of Oakland would develop andactivity under the proposed ADP and implement mutual aid agreement(s) forthe no project alternative, as well as supplemental fire protection and emergencyexpansion of Airport facilities under medical services with the OFD and AFD tothe ADP, could result in additional coordinate the order of response and access todemand for fire protection and MOIA. Within the mutual aid agreement(s), theemergency medical services. In the Port, OFD, and AFD shall address on-Airportevent of a major catastrophe, the access (including airside areas such as runways),capabilities of the OFD and AFD could perimeter road improvements (i.e., hydrants andbe insufficient to support ARFF staff lighting) for mobile emergency equipment,in responding to prevent property adequate water pressure, development of a radiodamage, personal injury, or loss of life. communication system and/or water rescue

procedures.

b.) Construction of Airport Roadway Project(ARP) Segments 1 and 2 would provide directaccess for the AFD to North Airport and SouthAirport airfield, air cargo, and air passengerfacilities. ARP Segments I and 2 also wouldafford secondary access to the Airport for the OFDand would thus substantially improve overalldelivery of emergency services to MOIA.

Police Protection

Under both the proposed ADP and no Additional security personnel and equipment,project alternative, increases in which can he provided by the Port and the OPD,passenger and air cargo activity at would be required to maintain or improve existingbuildout in 2000 and in 2010 would levels of police protection service. The FAAgenerate increased demand for police requires minimum service levels for airportservices (both Airport Security and the security at MOIA based on the number ofOPD) through increased automobile passengers and terminal configuration, which willand person traffic in the project area. be maintained by the Port and/or the OPD. UnderConsequently, demand for police the proposed project, the Port would have toprotection services would increase and provide additional security and equipment for newcould adversely affect the current level terminal areas to meet FAA security requirementsof service provided by the Port under Part 107.(Airport Security) and the OPD.



Wastewater

Under both the proposed ADP and the To mitigate increased future Airport wastewater Less than significant.no project alternative, base sewage volumes that could contribute to exceedance of theflows to Pump Station G would capacity of the sanitary sewer system, the Portincrease over current levels in 2000 would participate with EBMUD in an assessmentand additionally in 2010. During wet- of capacity and use of facilities used by theweather conditions, base sewage flows Airport, and would proportionally fundincrease by varying amounts due to improvements to existing infrastructure to meetinflow and infiltration of storm water. future base sewage flows, if determined to beAlthough wastewater flows from the necessary.Port amount to approximately 20percent of capacity, currently, PumpStation G occasionally exceedscapacity during wet weather (Shastid,1994). Under both the proposed ADPand the no project alternative,Increased Airport activity wouldincrease the Port's contribution towastewater flows at Pump Station Gthat at times exceed its capacity,resulting in significant impacts towastewater service (Shastid, 1994).The Port and EBMUD will continue tomonitor wet-dry season flows todetermine whether increased Airportactivities, in themselves or togetherwith other sources, cause anexceedance of the pump stationcapacity, at which time the Port wouldparticipate in funding system upgrades,as warranted.

17

Construction Traffic

Project construction during a.) The Port of Oakland, the City of Oaklanddevelopment of ARP Segments 5 and 6 and/or the Port's construction contractor(s) wouldunder the proposed ADP could have a ensure that solid waste collection services were notsignificant impact on waste collection impaired and that traffic flows remained smooth byand disposal operations in the project hiring additional personnel during the constructionarea if disruption of traffic flows on period specifically for traffic control.Interstate 880 (1-880) were to result.Interchanges at Hegenberger Road and b.) In addition, the Port would coordinate with98th Avenue in the City of Oakland Waste Management of Alameda County to provideprovide access to 1-880 from two of the alternate routes during project construction tothree main thoroughfares connecting minimize potential impacts to existing services.the Davis Street Transfer Station,Waste Management of AlamedaCounty's primary operating facility, tothe freeway from its site adjacent toSouth Airport. Construction of ARPSegments 5 and 6 could disrupt trafficflows on 1-880 and consequently resultin service interruptions to the MOIA.

Less than significant

18

B. MITIGATION MEASURES ADOPTED FOR LESS THAN SIGNIFICANTIMPACTS

IMPACT MITICATiON MEASURE


Common Vegetation

Paving of up to 189 acres of currently a.) Identify, flag, and incorporate into projectunpaved land under the proposed ADP design the avoidance of the plants as feasible.would eliminate common vegetation,including non-native grassland andruderal plant species. In particular,several hundred salt marsh gumplantsoccur along Doolittle Drive, on b.) Contact California Native Plant Society orSan Leandro Creek from east of the comparable botanical group to coordinate possible98th Street Bridge to 1-legenberger transplanting efforts.Road. Under the proposed project,approximately 100 individuals of thisspecies (about 0.25 acres) would bedirectly impacted by development ofARP Segment 6.

4.12 Cumulative Flood Hazard

Facilities proposed as part of the ADPand related Airport projects would beexposed to localized overbank andcoastal hazards in storms of greatermagnitude than the 100-year event.

Testing of warning/notification systemsto provide maximum response time;

• Evacuation plans with specificrecommendations and measures toinform all categories of persons presenton MOIA (workers, passengers, andothers), including evacuation routes toareas of least risk; and

Site and facilities evaluation andassessment procedures to determine thenature and magnitude of any damage andto ascertain whether repairs would berequired.

Elevation of certain roadway segments, such asthose portions of Airport Drive contained withinARP Segment 3, would also help reduce potentialdamage and ensure the availability of emergencyescape routes on such roads if an inundation eventoccurred.

To improve warning, evacuation, and emergencyresponse readiness. The Port of Oakland wouldimplement, as part of its emergency preparednessprogram, a contingency plan to respond to thehazards of infrequent flood hazards. Thecontingency plan could include, but would not belimited to, the followin g elements:

4.13 Coastal Zone ManagementProgram and Coastal Barriers

Shoreline Encroachment

The BCDC Bay Plan permits airport Incorporate into the terminal design measures todevelopment in the shoreline zone, ensure public visual and/or physical access to thealthough the Plan constrains additional adjacent shoreline, consistent with Port and FAABay fill. Under the proposed ADP, a security requirements.portion of the Terminal 2 expansioncould be constructed within the 100-foot shoreline zone that is subject toBCDC jurisdiction.

19

4.16 Energ y Supply and NaturalResources

Energy Consumption

Under the proposed project and the no (I) All new buildings shall meet the standards forproject alternative, growth in energy efficiency set forth in Title 24 of theoperations at MOIA would cause California Code of Regulations. Theseincreased consumption of non- standards would reduce the possibility ofrenewable energy resources; under the wasteful energy use with respect to buildingADP, consumption of non-renewable heating, cooling and lighting. Theresources would also be required for effectiveness of Title 24 energy standards isconstruction of project components. dependent upon the diligence of the Port of

Oakland and its tenants in working with theCity of Oakland public works/engineering andplanning departments in reviewing buildingapplications.

(2) To avoid unnecessary consumption of energyduring construction phases of individual ADPprojects, idling construction equipment wouldbe turned off when not in use (unless doing sowould damage the equipment).

(3) The Port will require use of state-of-the-artdesign elements and compliance with all stateand federal requirements (i.e., UBC) to ensureoutdoor safety and conservation of energy.

(4) Mechanical systems (HVAC) that utilizecentral plan equipment for heating or coolingwould be computer-controlled to ensuremaximum efficiency.

Energy Infrastructure

Consumption of natural gas and The Port will contact PG&E as soon as practicableelectricity at MOI'A would increase to coordinate infrastructure improvements relatedsubstantially under the proposed to the ADP, particularly those related to newproject. To meet the increased demand buildings at MOIA and air quality mitigationfor electricity, PG&E would likely measures (e.g., conversion of GSE to alternativeneed to upgrade its distribution system fuels and substitution of terminal-based powerby adding lines and/or upgrading the supply) for some auxiliary power units (API)).local substation. PG&E's existingnatural gas distribution system wouldlikely be able to meet the increaseddemand at MOIA under the ADP.

4.17 Aesthetics/Designs Art andArchitecture

Visual Character/Design

Construction of new facilities presents The project shall incorporate measures toan opportunity to enhance the implement the design, art, and architecturearchitectural usage of Airport facilities recommendations set forth in the FAA's Orderand to increase the Airport's visual 5050.4A (Airport Environmental Handbook) andimportance. the City of Oakland's Policy Plan in the design and

construction of project buildings (see abovediscussion).

4.18 Light Emissions

Light Emissions

Expanded activity under the proposed The Port of Oakland would design the project so asproject would increase the number of to reduce the potential for off-site spillage of lightsurface vehicles and aircraft operating and glare. In order to achieve this objective, theat MOIA in 2000 and 2010 at all times Port will incorporate state-of-the-art technologyof day. The increase in surface into the design of aircraft ground surfaces whichvehicles and aircraft on the project site, will be of a light absorptive material to reduceboth moving and stationary, would glare.generate additional glare during theday and add to existing illuminationlevels during the evening andnighttime. Structures proposed underthe ADP would also introduce newsources of light and glare at buildout in2000.

4.19 Solid Waste

Solid Waste Disposal

Under the proposed ADP, solid waste Compliance with AB 939 can be achieved byvolumes would increase in 2000 and in coordinating waste and recycling collection2010 requiring additional disposal through Waste Management of Alameda County,capacity. which has the largest recycling facility in Alameda

County.

4.20 Hazardous Materials and Waste

Hazardous Waste Generation

Increases in aircraft operations could Hazardous Waste Generation Mitigation Theindirectly promote increased Port shall continue to implement and enforce Portgeneration of hazardous wastes that Ordinance No. 3009 that requires all tenants towould have to be handled and disposed comply with existing laws and regulationsin 2000 and in 2010 under the regarding hazardous materials, including hazardousproposed ADP. waste minimization requirements.

Hazardous Waste Generation Mitigation 2 ThePort shall continue to prepare and update itsI IMI3P, and require its tenants to do the same, toprovide an inventory of hazardous substancesstored on-site and procedures for handling andemergency response.

Hazardous Waste Generation Mitigation 3. ThePort shall require MOIA tenants through leaseprovisions to disclose any hazardous materials usedand to comply with applicable laws and regulationsregarding hazardous materials and hazardous wasteminimization.

Hazardous Waste Generation Mitigation 4. ThePort shall assist tenants in identifying IIMPs toprevent storm water pollution and to provideproduct and vendor information regardingenvironmentally safe and recyclable products thatcan be used to reduce the quantities of hazardouswaste generated.



Doolittle Drive/I legenberger RoadIntersections. Under the proposedproject, volume-to-capacity ratioswould increase at the followingsignalized intersections in 2000, andwould increase further by 2010:

Doolittle Mitigation I. Add a second left-turn laneon southbound Doolittle Drive and a dedicatedright-turn lane on northbound Doolittle Drive at theDoolittle Drive/Airport Access Road intersection.This mitigation measure would likely requireacquisition of additional right-of-way.

• Doolittle Drive/Airport Access Doolittle Mitigation 2. Add a second left-turn laneRoad on southbound Doolittle Drive at the Doolittle

• Doolittle Drive/Hegenberger Drive/Ilegenberger Road intersection. ThisRoad mitigation measure would not require acquisition

of additional right-of-way.• Doolittle Drive/Harbor BayParkway

Doolittle Mitigation 3. Add a second right-turn• Pardee Drive/Hegenbergerlane and an additional through lane on southboundRoad Doolittle Drive, and an additional right-turn laneHegenberger Road/Edgewater on eastbound Harbor Bay Parkway at the Doolittle

Drive Drive/Harbor Bay Parkway intersection. Thismitigation measure would not require acquisition

The above signalized intersections of additional right-of-way.would operate at LOS D or betterunder project conditions in 2000 and liegenberger Mitigation I. Add a second left-turnin. lane on southbound Pardee Drive at the Pardee

Drive/I legenberger Road intersection. Thismitigation measure would not require acquisitionof additional right-of-way.

Hegenberger Afitigation 2. Add an eastbound andwestbound (Ilegenberger) through lane andreconfigure the eastbound and westboundapproaches to allow for a through/right shared laneat the ilegenberger Road/Edgewater Driveintersection. This miti gation measure wouldrequire acquisition of additional right-of-way.

Construction

Construction would displace existingon-Airport public parking spaces.

The Port will ensure that development of all orsome of the identified replacement parking lotsproposed as part of the project would occur prior toADP construction phases that would displaceexisting parking spaces.


Water Supply

Based on projected increases in Airport EBMUD recommends that the Port develop a wateractivity, water consumption in 2000 usage program to reduce consumption. Theand 2010 would increase over the program would employ water conservationcurrent level of 214,400 gpd under measures (assuming fire flow requirements areboth the proposed ADP and the no met) and develop infrastructure for non-potableproject alternative. water usage (reclaimed water). The Port in

consultation with the ARM?, OFD, and AFD couldmonitor the need for additional water to meet fireflow requirements of 3,000 gpm as million annualpassenger (MAP) levels rise to projected levels in2000 and 2010. The Port in conjunction withEBMUD could also investigate potential sources ofreclaimed or recycled water service to MOIA.Appropriate uses of non-potable water includeirrigation and construction water. In addition, thePort may choose to adopt the followingrecommendations of the State Department of WaterResources for reducing water consumption in newdevelopments:

• reducing water pressure greater than 50pounds per square inch (psi) to 50 psi or lessby means of a pressure-reducing valve;

• equipping drinking fountains with self-closingvalves;

• installing 1.5-gallon-per-flush toilets in allnew and renovated construction; and

• submitting all final sanitary sewer designplans to EBMUD for approval beforeimplementation.

Construction Security

Construction of proposed ADP project The Port, OPD and/or the Port's constructioncomponents may increase security contractor(s) would provide additional securityrisks at construction sites. personnel and equipment to patrol construction

sites. The Port's Airport Security Services shallconsult with the OPD concerning the number ofadditional security officers required to maintainpresent security standards. Additional securitywould be provided by the Port, OPD and/or thePort's construction contractor.


Construction Traffic Impacts inAlameda: Construction-relatedimpacts on Harbor Bay Parkway andDoolittle Drive from development ofARP's Segments I and 2 could disrupttraffic flows and result in a need forpolice personnel to control trafficunder the proposed ADP.

The Port of Oakland, the City of Alameda, and/orthe Port's construction contractor(s) would hireadditional personnel during the construction periodspecifically for traffic control.

Construction Utilities

Existing water, wastewater, gas, and The Port of Oakland would plan constructionelectrical utility lines could be activities to minimize disruption of existing utilitydisrupted and/or relocated during lines. Where disruptions could occur, lines wouldconstruction of proposed ADP project be re-routed to maintain service. Construction-components requiring subsurface work. related interruptions to utility service would be

expected to be brief and could be scheduled toinconvenience the fewest number of customerspossible. During construction activities, detourswould be provided to ensure local deliveries wouldnot be impaired.

APPENDIX 2

PORT OF OAKLANDMITIGATION MONITORING AND REPORTING PROGRAM

FOR THE

Metropolitan Oakland International AirportAirport Development Program

INTRODUCTION

This Mitigation Monitoring and Reporting Program (MMRP) has been prepared pursuant to California Public Resources Code Section 21081.6 to ensure compliance with mitigation measuresrecommended in the Final Environmental Impact Report (FEIR) for the Metropolitan Oakland International Airport (MOIA) Airport Development Program (ADP). State law requires theadoption of a monitoring program when mitigation measures are required to avoid significant impacts. Implementation of the mitigation measures will be monitored during construction andoperation of the Airport expansion.

The MMRP identifies mitigation measures recommended in the FEIR to avoid or reduce identified significant impacts, as well as measures to further reduce impacts that are less-than-significant, and specifies the responsible parties for ensuring compliance, the points in time when monitoring shall occur, and a space for a signature verifying that the mitigation measure hasbeen implemented. Mitigation measures may apply to some or all of the component projects of the ADP.

The Port of Oakland's Environmental Planning Department will coordinate the MMRP, will have the final oversight authority over mitigation monitoring, and will maintain an administrativerecord of all mitigation and implementation tasks performed. At the monitoring milestones (before the construction contract is signed, before demolition begins, etc.), the EnvironmentalDepartment must obtain signatures from the responsible parties to verify that the mitigation measures have been adequately implemented before that milestone occurs. The Port of Oakland'sEnvironmental Planning Department will also write an annual report detailing the status of mitigation measures.

1

METROPOLITAN OAKLAND INTERNATIONAL AIRPORT AIRPORT DEVELOPMENT PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM

POTENTIALLY SIGNIFICANT IMPACTS AND ADOPTED MITIGATION MEASURES

IMPACT MITIGATION MEASURE

4.1 Noise

Aircraft Noise and Vibration

IMPLEMENTATION PROCEDURE MONITORING RESPONSIBILITY IMPLEMENTATION SCHEDULE

Aircraft-related noise and vibration levels in the (1) The Port of Oakland would offer noise insulation for all residences la.) Using the annual CNEL Ia.) Legalvicinity of Metropolitan Oakland International (excluding those for which the Port holds avigation easements) located contours prepared for the Port ofAirport (MOIA) in 2000 and 2010 would within the 65 to 70 Community Noise Equivalent Level (CNEL) contour Oakland for the prior year, prepare achange as a result of increases in passenger and to reduce interior noise to acceptable levels. Eligible residences would list of residences that would qualifyair cargo aircraft activity and changes in the be determined based on review of annual noise monitoring reports. for acoustical insulation (by havingaircraft fleet mix and runway utilization Noise insulation would also be offered for school buildings that lie been exposed to 65 CNEL or morepatterns at the Airport. Under the year 2010 within the future 65 CNEL contour in cases where the facades of such in MOIA aircraft noise in the priorADP scenario evaluated in the EIS/E1R, aircraft buildings would not provide sufficient attenuation to ensure an interior year and by not being subject to annoise impacts would be significant by 2010 noise level of 45 CNEL or less in all classrooms. avigation easement). Provide offerunder the proposed ADP on Bay Farm Island notices on an annual basis to eligibleand in San Leandro. residences (property owners and

occupants). Make legalarrangements between propertyowners and Port as appropriate.Verify notice distribution. Includecopy of notice in the administrativerecord. Record accepted offers.lb.) Install noise insulation for lb.) Port - Airport Operations/affected homes. Verify insulation Engineering Constructioninstallation. Manager (ECM)

(2) The Port of Oakland would take actions necessary to accommodate 2a.) Conduct planning and design 2.) Aviation Divisionprojected commercial jet aircraft arrivals on Runway 27L in 2010 rather study to identify the specific actionsthan on Runway 27R for the purpose of shifting the projected 65 CNEL necessary to accommodatecontour from the Interstate 880 corridor, where residential uses are passenger air carrier arrivals onlocated, to the west where land uses are generally industrial. Runway 27L rather than 27R under

all types of weather conditions.Such actions would likely includeinstallation of an instrument landingsystem or equivalent technology forRunway 27L, and coordination withFederal Aviation Administration(FAA) controllers to acknowledgeRunway 27L as the preferredrunway for certain types of arrivals.

I a, b.) If monitoring indicatesthat threshold is triggered.Before project operation.

2.) During operation ofapplicable projects.

2

METROPOLITAN OAKLAND IN '1 ERNATIONAL AIRPORT AIRPORT DEVELOPMENT PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM

IMPACT MITIGATION MEASURE IMPLEMENTATION PROCEDURE MONITORING RESPONSIBILITY IMPLEMENTATION SCHEDULE

Aircraft Noise and Vibration (cont.)

(3) The Port of Oakland shall continue to implement noise abatementpolicies, such as preferential runway use patterns, noise abatement flighttracks, and support for use of the Silent 7 procedure during the hours of10:00 p.m. to 7:00 a.m. to avoid additional impacts to residential uses inthe vicinity of the Airport.

Surface Traffic Noise

Verify that study has beencompleted. Modify aircraftoperations recordkeeping todistinguish between passenger aircarrier operations at North Fieldfrom cargo air carrier operations.2b.) Implement specific actions.Verify that specific actions havebeen implemented.

3.) Port policy. 3.) Aviation Division 3.) During operation ofapplicable projects.

Growth in passenger and air cargo volumes at (1) In consultation and coordination with the City of Oakland, other Airport I a.) Develop preliminary barrier la.) City of Oakland inMOIA under the proposed Airport Roadway Project (ARP) participants, and the affected residents, the Port design concepts. Consult with City, consultation with Port ECMDevelopment Program (ADP) and the no of Oakland (along with other ARP participants) would construct two residents, and ARP participants. Ifproject alternative would contribute to an noise barriers (one on the north side and another parallel to it on the approved, construct the two noiseincrease in surface traffic-related noise along south side) along 98th Avenue to reduce noise impacts on residences if, barriers. Verify consultation hasthe roads serving MOIA. once consulted, the City of Oakland and residents most affected by occurred (such as incorporate

traffic on 98th Avenue favor such construction. Alternatively, if meeting notices and minutes). Addbarriers would not be constructed, then the ARP participants would offer noise barrier design plans toacoustical insulation to residents who would be significantly affected. If administrative record. Verify thethe ARP participants select not to implement this measure, the Port of construction of the noise barriers.Oakland would ensure implementation on its own. lb.) Alternatively, if noise barriers lb.) Port - City of Oakland /

are not included as part of the ARP, Aviation Divisionprovide offer notices for acousticalinsulation to residences that wouldexperience significant noise increasesdue to the ARP component of theADP. With approval of the ownersand occupants, determine the extentof noise level reduction provided bythe existing facades of the affectedresidences and determine the extentthat such reduction would need tobe augmented to ensure that interiornoise levels would be less than 45DNL through 2010 with the ARP.

Ia.) Before constructioncontract goes out to bid.

1b.) During construction.

3

MITIGATION MEASURE IMPLEMENTATION PROCEDURE MONITORING RESPONSIBILITY IMPLEMENTATION SCHEDULE IMPACT

(2) The Port of Oakland would coordinate with the City of Alameda todiscourage MOIA-related truck traffic from using Maitland Drive.

Surface Traffic Noise (cont.)

Construction Noise

Hire contractors to provide thenecessary acoustical insulation.Verify notice distribution. Includecopy of notice in the administrativerecord. Record accepted offers.Verify insulation.

2.) Identify and advocate the use of 2.) Port - Aviation Division, City 2.) During construction andalternative routes for MOIA-related of Oakland, City of Alameda operation of applicabletrucks. projects.


Construction of additional facilities at MOIA or Mitigation measures would include the following specifications in a.) Require in plans and a.) Port - ECM a.) Before constructionin the vicinity would temporarily increase noise construction contracts for ARP Segments 1 and 6: (1) Noise-generating specifications. contract goes out to bid.levels near construction sites. Noise generated construction activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m., b.) Oversee contractor compliance b.) Port - ECM b.) During construction ofoff-site during construction of the ARP would Monday through Friday; (2) Construction equipment shall be equipped and during construction. ARP Segments 1 and 6.be significant due to the proximity of maintained with effective muffling devices; and (3) Construction stagingresidential uses, areas shall not be located closer than 500 feet from residences unless there

are no reasonable alternatives.

4.3 Social Impacts

Home and Business Relocation

Development of ARP Segments 5 and 6 would (1) Fair and reasonable relocation compensation and assistance will be 1.) Required by federal and state I.) Port and City of Oakland I.) Prior to and duringrequire relocation of two to three residential provided pursuant to Title 11 of the Uniform Relocation and Assistance law. Legal Departments relocation.units and one business. The Port would also and Real Property Acquisition Policies Act of 1970 and the State ofallow current commercial leases to expire at California Relocation Assistance Act.North Airport to permit construction of newfacilities included in the ADP. (2) The City of Oakland will develop a Relocation Plan when the right-of- 2a.) Right-of-way identified in 2a.) Port Engineering in 2a.) Prior to completion of

way is determined. The City's Relocation Plan will provide that engineering designs. consultation with City of Oakland final designs.families and individuals to be displaced arc offered comparable or better 2b.) Develop Relocation Plan, 2b.) City of Oakland in 2h.) At least 90 days prior tohousing that is adequate for their needs. including a needs-determination consultation with Port Real Estate businesses and residents being

survey, and a study to determine the Department relocated.availability of comparable or betterhousing within a 25-mile radius ofthe affected properties.

3.) Port and City of Oakland 3.) Implementation scheduleLegal and Real Estate for relocation will beDepartments identified in plan which must

he approved at least 90 daysprior to any relocationactivities,

(3) Provide displaced businesses and residents with at least 90 days notice

3.) Specify in Relocation Plan.for vacating property.

4

MITIGATION MEASURE IMPLEMENTATION PROCEDURE MONITORING RESPONSIBILITY IMPLEMENTATION SCHEDULEIMPACT


Home and Business Relocation (cont.) (4) (a) Businesses on 98th Avenue affected by land acquisition would he 4a.) Engineering Design to identify 4a.) Port Engineering Design; 4a.) Upon completion of finalcompensated for their land. affected businesses; specify in City of Oakland in consultation designs to incorporate into

Relocation Plan. with Port Real Estate Department Relocation Plan,(b) The loss of spaces in any parking facility would be compensated to 4b.) Determine final rights-of-way and affected businesses 4b.) Upon certification ofthe lessor and lessee. to identify the number of parking 4b.) Port Engineering Design, rights-of-way map.

spaces affected and specify in City of Oaklandrelocation Plan.

5.) Port Properties; Port Legal(5) The Port will assist in the relocation of affected tenants at North Airport 5.) Provide assistance, such asif requested and to the extent feasible. contacts.

5.) Upon completion of finalengineering designs thatidentify affected tenants.

4.5 Air Ouality

Criteria Pollutant Emission

Increases in air passenger and air cargo volumes (I) The Port of Oakland would ensure the conversion of (or replacement of) Ia.) Promote the use of I a,lb.) Aviation, Airport I a,b,c.) During constructionwould affect the total amount of criteria air ground support equipment (GSE) used at MOIA to/with alternatively alternatively fueled vehicles to Operations and project operation.pollutant emissions (nitrogen oxides [N0,1, fueled vehicles to reduce ROG and NO, emissions associated with tenants; notify tenants thatreactive organic gases [ROG], and particulate Airport operations. This measure is intended to cover the Port's own alternative-fuel vehicles will need tomatter [PM,„]) generated by activities at MOIA. GSE vehicles at MOIA as well as those used by MOIA tenants. be phased in as a schedule is

developed.lb.) Develop schedule to phase inthe use of alternative-fuel vehiclesby Port and tenants.lc.) Renegotiate tenants lease lc.) Legal in consultation withagreements. Aviation

(2) The Port of Oakland would install ground power and pre-conditioned air 2a.) Require in plans and specs. 2a,b.) Port - ECMat newly constructed and renovated terminal gates and would retrofit 2b.) Oversee contractor complianceexisting gates to provide pre-conditioned air (they arc already equipped during installation.to provide power), thereby reducing the emissions associated with use ofauxiliary power units and certain GSE.

2a.) Prior to construction2b.) Prior to project operation

(3) The Port of Oakland would encourage the van/shuttle fleet regularlyserving MOIA to be converted to alternative fuels (i.e., compressednatural gas (CNG) or electricity) to reduce pollutant emissions.

3.) Consult with van/shuttle service 3.) Airport Operationsproviders to encourage conversion.Evaluate Port ability to includeincentives for fleet conversion infuture contracts with serviceproviders. Verify Port efforts tocontact van/shuttle service providersand encourage fleet conversion.

3.) Annually. As new leaseagreements arise.

5


IMPLEMENTATION PROCEDURE MONITORING RESPONSIBILITY IMPLEMENTATION SCHEDULEIMPACT MITIGATION MEASURE

Criteria Pollutant Emission (cont.)

Criteria Pollutant Concentrations

(9) New or expanded ADP maintenance facilities that would substantially 9a.) Coordination with BAAQMD 9a.) Port Tenantsincrease throughput or stationary-source pollutant emissions shall apply required as Condition of Projectto BAAQMD for a permit or permit modification. The Port shall Approval.ensure that tenants who seek to expand aircraft maintenance operations 9b.) Oversee permit application 9b.) Environmental Health andat MOIA have received the necessary permits from BAAQMD. compliance. Safety Compliance (EH&SC),

Aviation Administration

(7) The Port of Oakland would design the ARP, which is a component of 7a.) Coordinate proposed bikethe proposed ADP, to include bike lanes and would provide bicycle routes with local communities toracks and lockers/showers in designated ADP facilities to encourage ensure consistency with their bikeMOIA employees to bike to work. lane systems and plans.

7b.) Require in plans andspecifications.

(8) Pursuant to the General Conformity Rule, the Port of Oakland would 8.) Coordination with BAAQMDpurchase (and retire) emissions credits from the Bay Area Air Quality required as Condition of ProjectManagement District's (BAAQMD's) emissions bank to the extent Approval.necessary (taking into account the other mitigation measures) to achieve"no net increase" in ROG and NOx emissions relative to the no projectalternative.

7a,b.) Before constructioncontract goes out to bid.

8.) Adhere to scheduledescribed in "GeneralConformity Determination"

9a,b.) Before operationbegins in expanded facility.

7a,b.) Cities of Oakland, SanLeandro, and Alameda incoordination with Port Aviation,ECM

8.) Environmental Planning,Aviation Administration

Changes in activity levels at MOIA would The Port of Oakland would adopt the state one-hour average NO2 standard a.) Adopt the state one-hour average a,b,c.) Airport Administration ( a,b.) Monitor during 2005result in changes in ambient concentrations of as a performance standard for property-line NO2 concentrations from NO2 standard as a performance Environmental Planning and then every third year tocriteria air pollutants in the Airport vicinity MOIA-related activity. Emission and Dispersion Modeling System standard for property-line NO2 Department ensure compliance withunder both the proposed ADP and the no (EDMS) dispersion modeling indicates that significant one-hour-average concentrations from MOIA-related performance standards.project alternative. By 2010 under the ADP, NO2 concentrations would not occur until well after 2000 (but prior to activity. Monitor post-2000 NO2one-hour average nitrogen dioxide (NO2) 2010) under the ADP. Accordingly, this measure would include post-2000 concentrations. If the performanceconcentrations would exceed the applicable monitoring of NO2 concentrations. Monitoring would he carried out at the standard is exceeded, acquirestate ambient air quality standard in the property-line east of the northwestern end of Runway 11/29 over reasonable property or otherwise control accessimmediate vicinity of the northwestern end of periods (e.g., the month of December) and at reasonable intervals (e.g., every to affected area to avoid exposure ofRunway 11/29 on the rare occasions when high third year). Monitoring results would then provide the basis for remedial action people to concentrations in excessaviation activity levels coincided with stagnant (e.g., property acquisition) if the performance standard were exceeded. of the applicable standard. Addwintertime meteorological conditions. post-2000 NO2 concentration

monitoring reports to theadministrative record.h.) Oversee monitoring complianceduring operation.c.) Prepare report with c.) When monitoring resultsrecommended action to Aviation indicate exceedance ofDirector, performance standards,

7



Cumulative Criteria Pollutant Emission

The proposed ADP would contribute Mitigation measures identified in the Final EIS/EIR and discussed above forincrementally to cumulative regional growth in criteria pollutant emissions would reduce cumulative criteria pollutantemployment, housing, surface traffic, and emissions.aviation activity; the ADP would alsocontribute incrementally to cumulative regional Criteria Pollutant Emission Mitigations 1 through 9, above, encompass allindustrial development. Criteria pollutant of the Transportation Control Measures (TCMs) contained in the '94 CAPemissions (nitrogen oxides [NO r ], reactive (Clean Air Plan) that are relevant to the Pores administration of MOIA, withorganic gases [ROG], and particulate matter one exception, TCM #7 (Improve Ferry Service).[PM,„]) generated by continuing growth anddevelopment in the region would impede Cumulative Criteria Pollutant Emission Mitigation 1. The Port of Oakland Specify in contractor's scope of Pori. Strategic Planning / Aviation Ongoing study.attainment of ambient air quality standards for would initiate the study of potential new ferry service for passenger and work. Administration in consultationpollutants currently designated as cargo between MO1A and SFIA. The Port would initiate a study of ferry with BAAQMD, MTC, SFIA"nonattainment." service in consultation with BAAQMD, MTC, and SFIA to determine the

feasibility and cost-effectiveness of the measure in reducing emissions.

Toxic Air Contaminant Emission

Additional ROG combustion products TAC emissions associated with the proposed ADP would be reduced Implementation of Criteria Pollutant Sec the Criteria Pollutant See the Criteria Pollutantgenerated by aircraft, on-road motor vehicles, roughly in proportion to the decrease in ROG emissions that would result Emission Mitigations I through 9 Emission Mitigations 1 through 9, Emission Mitigations 1and ground support equipment would increase from implementation of Criteria Pollutant Emission Mitigations I through (described above) will reduce TAC above. through 9, above.toxic air contaminant (TAC) emissions 9, which are identified in the Final EIS/EIR. emissions in an amount roughlyassociated with MOIA operations in 2000 and proportional to ROG emission2010. reduction.

Construction Criteria Pollutant Emission

Construction activities would temporarily butsignificantly increase PM10 emissions.

(a) Water all active construction areas at least twice daily (using non-potable water where feasible).

(b) Cover all trucks hauling soil, sand, and other loose materials or requireall trucks to maintain at least 2 feet of freeboard (i.e., the minimumrequired space between the top of the load and the top of the trailer).

(c) Pave (e.g., gravel, asphalt), apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, andstaging areas at construction sites.

I a.) Port ECM

I a.) Before constructioncontract goes out to hid.

lb.) Port ECM; EH&SC

lb.) During Construction.

(I) The Port would include the following mitigation measures in la.) Construction plans andconstruction contracts related to the development of the ADP to reduce specifications.emissions from construction. I .b) Oversee compliance during

construction.

8

2b.) Port ECM; EH&SC

3a,b.) Port ECM

2b.) Before demolition of anyfacility with asbestoscontaining material.

3a.) Prior to constructioncontract going out to bid.3b.) During construction.



Construction Criteria Pollutant Emission(cont.)

(d) Sweep daily (preferably with water sweepers) all paved access roads,parking areas, and staging areas at construction sites.

(e) Sweep street daily (preferably with water sweepers) if visible soilmaterial is carried onto adjacent public streets.

(f) Hydroseed or apply (non-toxic) soil stabilizers to inactive constructionareas (previously graded areas inactive for ten days or more).

(g) Enclose, cover, water twice daily, or apply (non-toxic) soil binders toexposed stockpiles (dirt, sand, etc.).

(h) Limit traffic speeds on unpaved roads to 15 miles per hour.

(i) Install sandbags or other erosion control measures to prevent silt runoffto public roadways.

(j) Replant vegetation in disturbed areas as quickly as possible.

(k) Designate a person or persons to oversee the implementation of acomprehensive dust control program and to increase watering, asnecessary.

(I) Maintain and operate construction equipment so as to minimizeparticulates from exhaust emissions. During construction, trucks andequipment should be running only when necessary. Equipment shouldbe kept in good condition and well-tuned, to minimize exhaustemissions.

(2) The Port shall require that construction contractors document 2a.) Construction plans andcompliance with BAAQMD Regulation II, Rule 2, where construction specifications; engineering willactivities might involve the demolition of a building containing asbestos provide EH&SC a list of facilitiesbuilding materials. that this will apply to and

approximate schedule fordemolition.2b.) Verify documentation assubmitted to BAAQMD.

(3) The following measures shall be implemented to reduce significant ROG 3a.) Specify in construction plansand NOx emissions during the construction period: and specifications.

3h.) Oversee compliance by® Require construction contractors to document that their equipment has contractor during construction.

been maintained according to manufacturer's maintenance schedule orthat the equipment has been recently tuned.

2a.) Port ECM

2a.) Before buildingdemolition.

9



Construction Criteria Pollutant Emission(cont.)

4.6 Water Ouality

• Require that this equipment be maintained and kept well-tuned duringthe course of construction.

• Require that trucks and equipment not be allowed to idle withoutpurpose for long periods.

Operational Water Quality

Expansion of impervious surfaces at MOIA The following measures shall be implemented to reduce the potential forunder the ADP, in combination with increased contamination of on-site wetlands, groundwater, and off-site receivingaircraft and ground vehicle operations, would waters:potentially lead to elevated levels ofhydrocarbons and other contaminants in (I) In conjunction with the Port's Regional Storm Water Pollution I.) Incorporation into Port'sstormwater discharges and in groundwater in Prevention Program (SWPPP), continue to implement and evaluate the SWPPP and ongoing evaluation of2000. Contaminant spills and leaks at existing effectiveness of specific Best Management Practices (BMPs), including, BMPs.and proposed project facilities could infiltrate but not limited to, protection of storm drains, response to spills,into groundwater. regulation of aircraft fueling and de-icing, and prevention of solvent and

non-solvent cleaners, aircraft fluids, and aircraft washwater fromentering stormwater; maintain records of training, inspection, spills,hazardous waste disposal, and maintenance on-site; audit SWPPPannually, evaluate, and modify BMPs as warranted, and report to theRegional Water Quality Control Board (RWQCB) as required byregional permit.

1.) Port ECM, EH&SC 1.) During project operation.

(2) Continue to assist Port tenants in implementing site-specific SWPPPs

2.) Implementation of site-specific 2.) Port ECM, EH&SC

2.) During project operation.and associated BMPs, as well as conduct Group Monitoring Program. SWPPPs and BMPs.

(3) Monitoring of specific facilities that have a greater chance to affect

3.) Incorporate into Port's

3.) Port EH&SC 3.) During project operation.stormwater quality or have non-stormwater discharge. stormwater monitoring/auditing

program.

(4) The following BMPs and facilities improvements will he considered as 4a.) Require in plans andpossible back-up measures for future incorporation in the SWPPP if specifications.determined necessary to improve the effectiveness of the SWPPP:

(a) Comparison of the existing configuration, vegetation, and sizing of thedetention ponds and vegetated channels to BMP design criteria (e.g., forwet pond and constructed wetlands); and, as needed, implementation ofinternal modifications to maximize effectiveness of the detention pondsin removing sediment, nutrient, heavy metals, toxins, floatable material,oxygen-demanding substances, and oil and grease.

4a.) Port ECM, EH&SC

4a.) Prior to operation ofapplicable projects.

10

la.) Port Engineering Design

lb.) Port ECM, Operation,Facilities, EH&SC

la.) Prior to construction;update as necessary.lb.) Prior to, during, and postconstruction.

The operational water quality mitigation measures discussed above wouldalso address cumulative water quality impacts.

Cumulative Water Quality

Development of the proposed project, inconjunction with related projects at MOIA,could result in significant cumulative increasesin contaminant levels in stormwater dischargesand groundwater in 2000 and 2010.

See the operational water quality See the operational water quality See the operational watermitigation measures discussed mitigation measures discussed quality mitigation measuresabove. above. discussed above.


IMPLEMENTATION PROCEDURE MONITORING RESPONSIBILITY IMPLEMENTATION SCHEDULE IMPACT MITIGATION MEASURE

Operational Water Quality (cont.) (b) On a project-by-project basis, installation of permanent barriers to 4b-1.) Require in plans andprotect on-site wetlands as necessary (e.g., from long-term exposure to specifications.contaminated runoff from developed upslope surfaces within the project 4b-2.) Oversee contractorarea). compliance during construction.

4b-1 ,2.) Port ECM, 4b-1.) Prior to construction.Environmental Planning

4b-2.) During construction.

Construction Water Quality

Construction of the proposed project would (1) For all construction activities associated with the ADP that involveinclude clearing, grading, excavation, and other disturbance of land, regardless of the acreage, the Port would require itsactivities resulting in surface disturbance of contractors to develop a SWPPP. For all construction projects of fivesoils. These actions would expose soils to acres or more, the contractors would be required to submit a Notice oferosion and sedimentation in on-site drainages, Intent and site map to the RWQCB and prepare a SWPPP to be coveredthereby contributing to sediment and any under the General Construction Storm Water Permit.associated pollutant loading of surface runoff.

I a.) Require in engineering plansand specifications.1 b.) Oversee contractor complianceduring construction.

Construction of proposed ADP facilities (2) Final project design for all below-grade features would include 2a.) Require in engineering design, 2a.) Port Engineering Design 2a.) Prior to construction.requiring subsurface excavations greater than provisions to reduce the need for groundwater pumping that could plans, and specifications.about I foot below the existing surface could contribute to settlement and/or surface water quality degradation. Since 2b.) Oversee contractor compliance 2b.) Port ECM / EH&SC 2b.) Prior to and duringintercept shallow groundwater, affecting water the location of new or expanded facilities is highly constrained by other during construction. construction.quality. factors, and shallow groundwater may exist throughout the project area,

the provisions would emphasize efforts to reduce the amount ofexcavation necessary and the amount and duration of dcwatcring.

(3) Prior to construction, in areas that would require short-term or long-term 3a.) Require groundwater sampling 3a.) Port ECM 3a.) Before constructiongroundwater pumping, groundwater samples would he collected to in construction plans and contract goes out to bid.determine the quality of groundwater and to determine appropriate specifications.methods for discharge of groundwater. Water quality results would be 3h.) Oversee contractor compliance 3b.) Port ECM / EH&SC 3b,c.) During construction.provided to the appropriate agency depending on the method of during construction.discharge. If discharge would be to surface or ground waters, the Port 3c.) Coordinate water discharge 3c.) Port Environmental Planningwould contact the RWQCB and obtain any permits deemed necessary by permits/approvals with RWQCB, Department / EH&SCthe agency. If discharge would be to the sanitary sewer, the Port would EBMUD as needed.contact the East Bay Municipal Utility District (EBMUD) and obtainany required permits. If disposal of groundwater would be to an off-sitelocation, the Port would contact the RWQCB or other regulatoryagency, obtain the necessary permits, and arrange for off-site disposal.

11



4.8 Cultural Resources

Potential Historic/Archaeological

Earthmoving activities associated with In the event that any prehistoric and/or historic archaeological resources are a.) The Port would either hire an a,b.) Port ECM / Environmental a.) Before constructionconstruction of various proposed ADP facilities discovered during construction or earthmoving activities, all work within archaeologist to assign as needed to Planning Department contract goes out to bid.could result in the discovery of previously 100 feet of the resources shall be halted and the significance of the find shall construction jobs, or the Port wouldunknown subsurface prehistoric and/or historic be evaluated immediately by a qualified archaeologist require in construction plans andarchaeological resources. Given the proximity specifications that constructionof known prehistoric archaeological resources If any find were determined to be significant by the qualified archaeologist, contractor have an archaeologist onin the area of potential effect (APE) and the then representatives of the construction contractor, the Port, and the retainer.potential for prehistoric archaeological qualified archaeologist would meet to determine the appropriate course of b.) Oversee compliance during b.) During construction.resources to exist near the Bay margin, the action. If the discovery included human remains, the provisions of construction.potential for buried resources exists, although Section VIII of the Califomia Environmental Quality Act (CEQA)the arca of potential resources would likely be Guidelines Appendix K would be implemented, requiring coordination withlimited to North Airport. the Native American Heritage Commission if the human remains are of

Native American origin. All significant cultural materials recovered as partof the monitoring program would be subject to scientific analysis,professional museum curation, and a report prepared by the qualifiedarchaeologist according to current professional standards.


Burrowing Owl

During construction and operational phases of The Port shall develop an approved plan of action to mitigate constructionproject development, individual burrowing impacts to burrowing owls and their burrows, and to provide for long-termowls may be wounded or killed or burrows maintenance of a stable burrowing owl population. The following measurescould be destroyed. The burrowing owl is a would achieve these goals:state species of special concern, and thereforedoes not enjoy full protection under the federal (1) Maintain Runway Safety Areas. In order to reduce the potential for I.) Require in Burrowing Owl 1.) Airport Facilities / 1.) During construction andand state Endangered Species Acts, However, burrowing owl strikes, the Runway Safety Areas should be maintained Management Plan. Environmental Planning operation.the California Department of Fish and Game free of nesting burrowing owls. Burrows that could be occupied by Department(CDFG) recommends that impacts to this burrowing owls in any Runway Safety Area or on pavement shouldersspecies be considered significant in should be closed and compensated by installing one artificial burrow inenvironmental impact analysis because an adjacent burrowing owl management arca.breeding populations are considered by the stateto face extinction.

12



Burrowing Owl (2) Airport Construction: The Port of Oakland would provide the 2a.) Conduct preconstruction 2a-c.) Environmental Planning 2a.) Prior to groundreplacement of artificial burrows and facilitate a passive relocation of survey. coordinates/ oversight disturbing activity.the owls away from construction zones outside the nesting season 2b.) Conduct preconstruction 2a-d.) Prior to construction.(February 1 to August 31). In order to do so, the Port of Oakland would monitoring.abide by the following specifications: (a) conduct pre-construction 2c.) Manage relocation of owls tosurveys prior to ground-disturbing activity; (b) conduct pre-construction artificial burrows.burrow monitoring for owl occupancy; (c) provide artificial burrows for 2d.) Require in construction plans 2d.) ECM with oversight byburrows that will be impacted by construction; and (d) excavate and and specifications the closure of Environmental Planning andphysically close natural burrows prior to ground-disturbing activities. natural burrows. consultant

(3) Burrowing Owl Management Areas. If the owl nest would be affected, 3a.) Preparation of Burrowing Owl 3a,b.) Environmental Planning in 3a,b.) Prior to projectthe Airport would coordinate with CDFG and FAA to designate infield Management Plan; coordinate consultation with CDFG and construction.areas for the purpose of burrowing owl management. Burrowing owls management and maintenance of USFWSthat have established nests in Runway Safety Areas or construction areas relocated site with CDFG/FAA.would be relocated to designated management areas. Burrowing owl 3b.) Obtain approval of Burrowingmanagement areas shall be mowed according to the regular mowing Owl Management Plan from CDFGregime throughout the Airport infields to maintain the low, open and U.S. Fish and Wildlife Servicevegetation that is an important characteristic of burrowing owl habitat. (USFWS).

3c.) Maintenance of relocation site 3c.) Airport Facilities/ 3c.) During projectwith regular mowing regime Environmental Planning construction and operation.required by Burrowing OwlManagement Plan.

(4) Burrowing Owl Population Monitoring. If the owl nest would be 4a.) Incorporate monitoring 4a.) Environmental Planning inaffected, the following activities would be undertaken to monitor the provisions into Burrowing Owl consultation with CDFGburrowing owl population at MOIA: (a) continue collecting data on the Management Plans; conductdistribution and abundance of burrowing owls throughout the Airport; monitoring as specified.(b) monitor burrowing owl use of designated management areas; (c) 4b.) Oversight for compliance with 4b.) Environmental Planningconduct a breeding season census and a non-breeding season census of provisions of Plan.the population of burrowing owls on the Airport; and (d) prepare anannual survey report on the status of the burrowing owl population atthe Airport including population estimates for the non-breeding (winter)and breeding (summer) seasons, and an estimate of the annualproduction of young.

(5) Obtain Burrowing Owl Management Plan Approval. The measures 5.) Ensure consistency with CDFG 5.) Environmental Planningincluded above would be submitted to CDFG and USFWS for approval. Staff ReportApproval of the measures for consistency with the CDFG's Staff Reporton Burrowing Owl Mitigation (approved October 17, 1995) would alsobe obtained.

4a.) During operation.

4b.) During fieldwork.

5.) Prior to construction.

13



Cumulative Burrowing Owl

The ADP, together with the two airfield The mitigation measures identified in the Final EISIEIR for project impacts See the burrowing owl mitigation See the burrowing owl mitigation See the burrowing owlimprovements (extension of Runway 11/29 and on burrowing owl would also address cumulative impacts on the species. measures discussed above. measures discussed above. mitigation measures discussedconstruction of a high-speed exit taxiway) that above.may be considered for implementation prior to2010, could contribute to cumulative impactson burrowing owl, a state species of specialconcern. This species has been observed at thenorthwest end of Runway 11/29; occupied nestsand/or individuals could be directly destroyedby the related airfield projects, as well as bycomponent projects of the ADP.

4.11 Wetlands

Wetlands

Development of the proposed ADP would Subject to U.S. Army Corps of Engineers (COE) approval of a Section 404 a.) Prepare 404(b)(1) Alternative a.) Environmental Planning a.) Prior to construction.impact habitat values associated with 7.3 acres Permit, mitigation for placing fill in wetlands would be achieved through Analysis, finalize Wetlandof wetlands subject to jurisdiction under avoidance of most existing wetlands, minimization of fill where avoidance Mitigation Plan, and submit withSection 404 of the Clean Water Act by directly is not feasible, and compensatory restoration or creation of 8.3 acres of Section 404 permit application toplacing fill and/or indirectly altering wetland wetland communities on-site. Compensatory mitigation would achieve the COE.habitat conditions. The proposed ADP would minimum overall goal of no net loss of wetland acreage and value and b.) Oversee wetlands construction b,c.) Environmental Planning b,c.) Prior to construction (ofalso impact approximately 63 acres regulated replace filled wetlands to a ratio of 1.14:1. and agency coordination. ADP), and as agreed to withunder Section 10 of the Rivers and Harbors Act. c.) Monitor during construction and COE.Impacts are considered potentially significant periodically as specified in theonly for those Section 10 areas that are also Wetland Mitigation Plan.subject to Section 404.

Cumulative Wetlands

Development of the proposed ADP, in If and when related projects arc proposed that include wetlands that arecombination with related projects at the Airport susceptible to fill and also subject COE approval, such areas would beand in its vicinity, would have a cumulative, identified, and compensatory mitigation would be designed to achieve asignificant impact on habitat values associated minimum goal of no net loss of wetland acreage and value.with wetlands and other waters by placing filland/or altering wetland habitat conditions.

Consult with COE on potential fill

Environmental Planning /

Prior to developing futureand mitigation requirements. Aviation Administration in project plans.

consultation with COE

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4.12 Flooding and Floodplains

Localized On-Site Flooding

Development of the proposed project would The Port would install new drainage infrastructure, prior to occupancy of a.) Required in engineering design a.) City of Oakland inexpand the area of impermeable surfaces at structures and roadways constructed or expanded as part of the ADP to plans, construction plans, and coordination with PortMOIA in 2000, thus increasing stormwater accommodate stormwater flows. Because MOIA is outside of the 100-year specifications. Engineering Design, ECM.runoff volumes and peak flows. Proposed floodplain, ADP drainage infrastructure would be designed to protect from b.) Required in construction plans b.) City of Oakland / Engineeringincreases in impervious area off the Airport lesser flooding events, in general, to accommodate flooding from the 25- and specifications. Designcould also result in significant ponding and year storm event. Inundation of construction areas due to dewatering wouldflooding impacts. Impacts of localized on-site be avoided by discharging groundwater directly to detention ponds at theflooding due to increased runoff from proposed Airport.impervious areas in sub-basins and/or fromproposed project components in areas where As indicated by the map for 100-year floodplain and Flood Hazard Zones,flooding/ponding currently occurs could be most of the operational areas of the Airport are classified under Zone C,significant. "Areas of minimal flooding." Historically, the Port has generally used

25-year storm intensity as the design storm in drainage design of generalfacilities, and 50-year storm intensity as the design storm in drainage designof critical facilities, based on potential flooding impacts on safety andeconomic considerations. In the event of a 100-year storm occurrence, therewould be anticipated localized flooding, but no significant impacts to safety.

a,b.) Before constructioncontract goes out to bid.



Cumulative Localized On-Site Flooding

Development of the proposed project, in Implementation of the localized on-site flooding mitigation discussed above Oversee compliance duringconjunction with related projects at MOIA, would also address this cumulative impact. dewatering process; testwould expand the area of impermeable surfaces groundwater as needed to ensureat MOIA in 2010, thus increasing cumulative regulatory compliance.stormwater runoff volumes and peak flows thatcould result in temporary, localized on-siteflooding.

Floodplain Encroachment

The bridge abutment and/or fill required for Since publication of the Draft EISIEIR in September 1996, the Port's Incorporate the Port's approvedexpanding the bridge crossing over 98th engineering consultant has prepared preliminary studies for the 98th Avenue engineering designs (these haveAvenue as proposed in the ADP (ARP bridge widening. Based on consultation with the Alameda County Flood been approved by the AlamedaSegment 6) would potentially encroach into the Control District that includes submission of preliminary plans for the bridge Flood Control District) intoSan Leandro Creek 100-year floodplain. piers and abutment, significant floodplain encroachment is not expected to construction plans and

result from widening of the 98th Avenue bridge proposed as part of the specifications.ADP. No substantial alterations to local, upstream, or downstream floodhazards or floodplain values arc foreseen as a result of the widening, aspresented in preliminary designs and specifications. Preliminary plans that

Port EH&SC, ECM During dewatering.

Engineering Design

Before construction contractgoes out to bid.

15



Floodplain Encroachment (cont.) have been revised following discussion with County staff to orient pier unitsparallel to the creek flow to minimize hydraulic impacts and to orientabutments parallel to the creek banks to minimize placement of fill. TheFlood Control District has determined that designs submitted for the bridgewould substantially reduce potential impacts to the floodplain.

Loss of Flood Storage Capacity

Construction impacts of the proposed project, The Port of Oakland would develop an erosion and sedimentation control a.) The development of an erosion a,b.) Port Engineering Design a.) Before start ofincluding surface disturbance, excavation, plan at such time that design-level grading plans are prepared to reduce the and sedimentation plan will be construction.stockpiling, and grading, would expose soils to potential for sedimentation due to wind and water erosion of soils and fill required in the construction planserosion and sedimentation in on-site drainage during construction. The plan would include feasible methods to stabilize and specifications.facilities, wetlands, or ponds, leading to a loss soils and fill by covering of surfaces and/or revegetation. The specific b.) Oversee contractor compliance b.) Preconstruction, duringof flood storage capacity. measures to be employed shall include, but are not limited to, the following: with erosion and sedimentation construction, post-

plan. construction activities.• Active grading and excavation would be limited to the dry season to

the greatest extent feasible (May to October), especially for grade-separated structures;

• If grading and/or excavation occurs during the rainy season, measuresto control runoff and prevent erosion and sediment from entering on-site wetlands and detention ponds would be provided, such as barriersaround catch basins and silt fences around adjacent and downslopewetlands, with periodic monitoring and sediment removal as needed;

• Stockpiles and/or barren areas that would be inactive over a rainyseason would be temporarily stabilized by mechanical or vegetativecontrols; and

• Upon completion of construction activities for each project, alldisturbed areas not permanently covered by pavement or structureswould be stabilized by vegetative or other biotechnical and mechanicalmeasures, as needed, to prevent long-term erosion and sedimentationimpacts to adjacent wetlands and/or stormwater detention ponds.


Contaminated Soils

Development of the proposed ADP could pose Contaminated Soils Mitigation 1. The Port would inspect or test, prior to I a.) Conduct Phase II investigation la.) EH&SC I a.) Prior to earth-disturbinga threat to public health or the environment by project construction, each project component involving excavation of soils (field sampling and lab analyses) as activities.exposing existing contaminated soils or or intrusion into groundwater that could potentially he contaminated. This recommended per Phase Igroundwater during excavation and/or mitigation measure would be applied at locations involving excavation or Environmental Site Assessment,construction of specific proposed project disturbance of soils, or intrusions into groundwater, that arc identified in the lb.) Oversee Phase II investigation 1 b.) Port EH&SC in consultation 1 b.) Prior to earth-disturbingcomponents. Phase I Environmental Site Assessment as possessing known or possible and report, health and safety plan; with environmental contractor activities and throughout

environmental conditions warranting additional investigation. coordinate with agencies as needed. investigation.

16



Criteria Pollutant Emission (cont.) (4) The Port of Oakland would develop and implement a trip reduction 4.) The Port would hire a 4.) Port Legal, Aviation 4.) Prior to operation ofprogram in coordination with its tenants at MOIA. transportation coordinator who Division. applicable projects.

would conduct appropriate surveys,act as a clearinghouse to shareinformation among Airport tenants(e.g., rideshare lists and phonecontacts of transportationcoordinators, work shift schedules),and coordinate shuttle scheduleswith respect to timing, frequency,and stopping points (e.g., to BayArea Rapid Transit [BART]) toserve the transportation needs of thevarious tenants. Changes in policiesregarding MOIA and tenantemployee parking, such as increasedparking fees, trade-in programs, andpreferential parking for carpools andvanpools, would also be included inthe program. A reasonable goal forthis program would be to achieve anaverage vehicle ridership for MOIA-related employees of 1.35.

(5) The Port of Oakland would increase the frequency of AirBART shuttle 5a.) Require in lease agreement 5a.) Port Legal, Operations, 5a.) When current leaseoperations and enhance passenger and worker awareness of this service with shuttle service. BART agreement expires.to reduce single-occupant automobile use and thus pollutant emissions. 5b.) Develop a public awareness 5b.) Aviation Division 5b.) Prior to operation of

program. applicable projects.

(6) The Port of Oakland would support and promote the development of the 6a.) Develop a public awareness 6a,b.) Aviation Division, Port 6a,b.) Before construction isBART-Oakland International Airport Intermodal Connector Project to program, and, in conjunction with Public Affairs completed.shift on-road motor vehicle trips from private automobiles to mass BART, secure funding.transit, thus reducing vehicle-miles traveled and associated on-road dust 6b.) Coordinate with Metropolitanentrainment as well as motor vehicle-related ROG and NOx emissions. Transportation Commission (MTC)

to include in RegionalTransportation ImprovementProgram (RTIP).

6



Contaminated Soils (cont.)

Asbestos

Appropriate site investigations would be carried out, such as those samplingand testing provisions mandated during underground storage tank (UST)removal. Samples would be collected and tested, where the presence ofenvironmental impairment is known or suspected, in areas that the projectwould disturb.

The Port would contract to have the inspection or tests conducted based onsite conditions, and a report would be prepared identifying the potentialhazards and recommending site remediation, if necessary, or constructionmitigation. Inspection reports would be on file prior to project excavationor construction.

Contaminated Soils Mitigation 2. In the event that site inspections uncover 2a.) Prepare remedial action plan as 2a.) Engineering / EH&SC 2a,b.) Prior to construction.petroleum contamination, USTs, abandoned drums, asbestos-containing appropriate, addressing public andmaterial, or other hazardous wastes or environmental impairment in the worker health.project area, the Port would have a plan prepared that would: (1) specify 2h.) Oversee coordination of 2b-d.) EH&SCmeasures to protect workers and the public from exposure to potential site remediation with appropriatehazards; and (2) certify that the proposed remediation measures would clean agencies, including reportingup the wastes, dispose of the wastes, and protect public health in accordance requirements.with federal, state, and local requirements. The Port would submit the 2c.) Ensure contractor has adequate 2c.) Prior to construction,results of the site inspections and the proposed remediation plan to the health and safety plan in place per possibly during constructionappropriate regulatory agency for approval prior to initiating construction in OSHA regulations. (i.e., if monitoring wells arcthe affected area. Work in the area of potential hazard would not proceed 2d.) Implement remediation plan required).until the plan is approved by the regulatory agency and on file with the Port. and provide oversight. 2d.) Prior to start of work.The approved remcdiation plan would be implemented to the satisfaction ofthe regulatory agency.

In accordance with Occupational Safety and Health Agency (OSHA)requirements, the Port's contractor performing work at a knowncontaminated site shall have in place a site health and safety plan for theprotection of its workers and the public. All reports, plans, and otherdocumentation related to this mitigation measure shall he added to theproject administrative record. Compliance is self-certified by the contractorwho performs the work.

Development of the proposed ADP could Each structure that has not already been inspected in an asbestos survey a.) Construction plans andexpose construction workers to contaminants would be inspected by a qualified environmental specialist retained by the specifications will identifypresent in hazardous building materials, such as Port. If found, asbestos would be managed as required by law and inspection and removal of asbestos-asbestos in existing buildings to be renovated or according to federal or state guidelines. The mitigation would ensure that containing materials, as required,demolished, or could inadvertently expose the asbestos in buildings would be properly identified and abated or removed from facilities to bepublic or the environment to those prior to demolition. demolished/upgraded.contaminants.

a.) Engineering / EH&SC

a.) Prior to demolitioncontract going out to bid.

17



Asbestos (cont.)

b.) Oversee compliance with b.) EH&SC

b.) Prior to demolition.regulations during asbestos removaland disposal.

Hazardous Materials Use

Project development could potentially increase Hazardous Materials Use Mitigation 1. The Port would provide copies of 1.) As part of the Stormwateruse of hazardous materials at buildout in 2000 Ordinance No. 3009 requiring regulatory compliance with the use of Monitoring Program, Port tenantsand in 2010, potentially threatening the safety hazardous materials to tenants occupying the two passenger terminals are routinely provided with theof Airport occupants, workers, or the public. proposed for expansion under the ADP, the new equipment service center, ordinance during site visits,

the jet-fuel dispensing facility, new FedEx Metroplex, the expanded monitoring, audits, and educationalMaintenance Base, and all other proposed maintenance and rehabilitation forums for tenants on the use offacilities. hazardous materials.

I.) EH&SC

I.) During stormwatermonitoring (2 times over 5-year term of the permit),annual audits for EBMUDcompliance, site visits aswarranted.

Hazardous Materials Use Mitigation 2. 2a.) Port policy/OSHA requirement 2a,b.) EH&SC 2a.) As new personnel area.) In conformance with current Port policy, the Port would provide its to provide training and guidance to added to aviation staff,

Guidelines for Hazardous Materials Management to Port personnel who Port personnel. training provided on as-are involved in the handling of hazardous materials and waste. Port needed basis throughoutpersonnel, including Airport staff involved with utilities, maintenance construction/operation ofand equipment systems, would be required to undergo a hazardous project; refresher courses asmaterials training program to ensure the proper handling, use, and needed.disposal of hazardous materials.

b.) Tenants would be audited for compliance with hazardous materialsregulations, and technical assistance would be provided by the PortEnvironmental Health and Safety Program.

2b.) As part of Group StormwaterMonitoring Program for AirportSubgroup, Port tenants aremonitored for stormwater dischargein compliance with NationalPollution Discharge EliminationSystem (NPDES) requirements; selfaudits are required with submittal ofannual report to RWQCB. Asrequired by the EBMUDWastewater Permit, tenants areaudited annually by the Port andinspected for compliance withhazardous materials; additional sitevisits and assistance by Port aswarranted to ensure compliance.

2b.) Stormwater monitoringof each tenant by Portperformed 2 times over a 5-year term of the permit. Portsite audits for hazardousmaterials compliance arequirement of EBMUD andperformed annually;comprehensive annual selfaudits by tenants as requiredby General Permit forStormwater Discharge.

18

Hazardous Materials Use Mitigation 5. The Port shall continue to perform 5.) EBMUD Wastewater Permithazardous materials inspections of selected tenant facilities, as required by requirement.the Port's wastewater discharge permit. Inspections would be done inaccordance with permit compliance and reporting requirements.

Hazardous Materials Use Mitigation 6. The Port shall require that all Port 6.) Cal-OSHA requirement underemployees who conduct hazardous materials audits or work with hazardous Code of California Regulationschemicals have health and safety training. This is an OSHA requirement (CCR), Title 29, Worker Right-To-under the Worker Right-to-Know regulations found in the Code of Federal Know Regulations; Port policy;Regulations (CFR), Title 29. The training should include the proper use of training records of consultantssafety equipment, hazard identifications, and proper handling and disposal required by Port prior to start of anyof spilled hazardous materials. Training records shall be kept in the Port's Port work.administrative files.

Hazardous Materials Use Mitigation 7. The Port shall continue to prepare 7a.) Regulatory requirement toand update its Hazardous Materials Business Plan (HMBP), and require its prepare HMBP for facilities thattenants to do the same, to provide an inventory of hazardous substances handle hazardous materials.stored on-site and procedures for handling and emergency response.

7h.) Port policy as identified intenant lease agreement requiresadherence to all regulations.7c.) Port EH&SC Departmentrequires a copy of tenant's HMBPupon facility start-up and updatesevery 4 years thereafter.

5.) EH&SC 5.) Annual audits of tenantsby Port; additional site visitsas warranted.

6.) EH&SC / Legal 6.) Copies of training recordsrequired by Port prior to startof work.

7a.) Legal / EH&SC

7a.) Submittal of HMBP tothe City of Oakland FirePrevention Dept. at the startof facility operation (at timeof facility occupancy).

7b.) Legal

7b.) Copy of HMBP requiredby Port by start of operation.

7c.) EH&SC

7c.) Copy of updated HMBPrequired by Port every 4years.



Hazardous Materials Use (cont.) Hazardous Materials Use Mitigation 3. The Port would review its 3.) Port Environmental Health and 3.) EH&SC, Aviation 3.) Prior to and duringGuidelines for Hazardous Materials Management in the context of new Safety Compliance Department Operations, Airport Facilities construction, projectlegislation or revised regulations as they arc promulgated, and update the routinely monitors changes to operation.guidelines (last updated in 1991) in a timely manner. The Port would regulations involving the handlingprovide Port personnel with copies of each guidelines update. of hazardous materials and waste;

changes, as warranted, will beincorporated into Port operationsand tenant lease agreements.

Hazardous Materials Use Mitigation 4. The Port would continue to require 4.) Tenant lease agreements, 4.) EH&SC / Legal 4.) At the time new leases arenew and renewing tenants to list in their leases any hazardous materials they EH&SC auditing and monitoring of signed or renewed.use, store, or plan to use or store on their leasehold. tenant facilities.

19



Hazardous Materials Spill

The increased levels of aviation activity and Hazardous Materials Spill Mitigation 1.other operations would increase the magnitude a.) The Port shall continue its annual audits of tenant facilities that handleof hazardous materials use and handling at the or store hazardous materials or waste. This action is required byAirport, which in tum would increase the risk EBMUD as part of reporting requirements established by the Port'sof hazardous materials spills. An inadvertent or Wastewater Discharge Permit.unauthorized hazardous materials spill couldresult in contaminant loading to either the b.) Noncompliance or other problems found during the audit shall besanitary sewer (i.e., EBMUD wastewater corrected by the tenant and reaudited by the Port.treatment and discharge system) and/or thestorm drain system (i.e., pump stations, holdingponds, and ultimately the Bay).

Ia.) EBMUD Wastewater Permit

I a,b.) EH&SC

la.) Annually or more oftenrequirement expanded by Port to if warranted.incorporate inspection of tenants'hazardous materials handling,storage, and disposal practices.lb.) Noncompliance reports lb.) During annual EBMUDprepared by Port during audits if audits or stormwatertenants fail to comply with monitoring audits.regulatory requirements or Portpolicy/corrective action identified.Tenants' facilities arc re-inspectedby Port for verification thatcorrective action has beenimplemented.

2.) EH&SC, Legal

2.) Following verificationthat corrective action has notbeen implemented or is aconsistent problem.

Hazardous Materials Spill Mitigation 2. Should any corrective action be 2.) Notify EBMUD of tenant'srequired by findings of the annual hazardous waste audit, the Port shall noncompliance; if needed, contactnotify EBMUD and the County authorities, depending on the severity of the Alameda County Dept. ofpotential hazard. The County and EBMUD are empowered to enforce Environmental Health, Division ofhazardous materials storage violations. At the Port's discretion, the Port Hazardous Materials, and othershall request support from the Alameda County Department of regulatory authorities as warranted.Environmental Health, Division of Hazardous Materials, or EBMUD,should corrective action not be completed by the tenant as required.

Hazardous Materials Spill Mitigation 3. The Port shall continue to 3a.) Port Wastewater Dischargeimplement its Regional SWPPP, and shall also continue to assist its tenants Permit audits of tenant facilities.in implementing their site-specific SWPPPs and associated BMPs. The 3b.) Port's monitoring of tenants'SWPPPs require that each tenant meeting the regulatory threshold prepare stormwater discharge under NPDESan HMBP and a Spill Prevention Control and Countermeasure (SPCC) Plan. General Permit.The SWPPP is an ongoing and evolving program that is continually subjectto modification, updating and improvement, and additional BMPs aredeveloped and implemented as determined necessary by the Port.

3a,b.) EH&SC 3a.) Annually.

3b.) Two times over the5-year term of the permit;schedule of monitoring/inspections of each tenantidentified in the Port's GroupStormwatcr MonitoringProgram, 1997 revision.

20



Hazardous Materials Spill (cont.) 3c.) If hazardous materials are 3c.) EH&SC, Legal 3c.) If hazardous materials arehandled or if specific thresholds are handled and stored at themet, regulatory requirements specify tenant's facility for more thanthat HMBP and SPCC Plans be 30 days, an HMBP must beprepared. submitted to the City of

Oakland Fire Prevention Dept.,generally at the time ofbusiness start-up; any changesto HMBP are to be submittedwithin 30 days; SPCC must bedeveloped and implementedwithin one year of reachingthreshold limit.

3d.) N1 DES General Permit for 3d.) EH&SC 3d.) Annually.Industrial Stormwater Dischargerequires Port to submit stormwaterdischarge monitoring results in anannual report to RWQCB.3e.) Modify Port facility BMPs and 3e.) EH&SC in coordination with 3e.) As needed throughassist tenants in improvement BMPs tenants project construction andas warranted. operation.

Hazardous Materials Spill Mitigation 4. The Port shall continue to 4a.) Regulatory requirement and 4a.) EH&SC, Airport Facilitiesimplement Safety Directive 408 (Emergency Response to Hazardous Port policy.Substance Incidents), a Port-wide spill response and emergency plan that 4b.) Port provides adequate training 4b.) Airport Facilitiessets forth procedures and responsibilities in response to spill emergencies or to personnel who are responsible forother hazardous materials incidents. responding to emergencies.

4a.) As needed.

4b.) As needed.

Hazardous Materials Spill Mitigation 5. The Port and its tenants shall 5a.) Port's annual audiUmonitoring 5a) EH&SC 5a.) Annually (possibly morecontinue to develop and implement various SPCC Plans related to above- of tenant facilities. frequently at specificground storage tanks, leak-detection monitoring programs, pipeline testing facilities).programs, and cathodic protection programs. In addition, tenants with 5b.) Regulatory requirement 5b.) EH&SC, Legal 5b.) Must develop andunderground storage installations would be responsible for developing and 40 CFR Parts 110-112 specify implement SPCC Plan withinimplementing spill prevention procedures, monitoring plans, and spill SPCC Plans be prepared if threshold one year of reachingprevention and emergency response plans. limit is met. threshold.

5c.) Regulatory requirements inCCR Title 23, Division 3, Chapter16 apply to Port facilities andtenants with underground tanks andspecify secondary containment-monitoring system.

5c.) EH&SC, Legal

5c.) All USTs within the Portwill be required to be incompliance by 1998.

21



Hazardous Materials Spill (cont.) Hazardous Materials Spill Mitigation 6. The Port shall continue to maintain 6a.) Plan identifies responsibilities 6a-c.) Port facilities, EH&SCand implement its Oil and Hazardous Substance Spill Contingency Plan. and procedures in responding to

emergencies.6b.) Port providing adequatetraining to personnel who areresponsible for responding toemergencies.6c.) Port reviews and updates/modifies plan.

6a-c.) As needed.

Cumulative Hazardous Waste Disposal

Increased generation of hazardous waste (1) By law, larger hazardous waste operations at MOIA are required to (1) Port updates hazardous waste (1) EH&SC (I) Every 4 years, and asresulting from growth in activity at MOIA update their hazardous waste minimization plans every four years. New minimization plans in accordance necessary.would add to cumulative hazardous waste operations at the Airport under the ADP would be required to comply with law.disposal requirements of the region, placing an with the provisions of the Hazardous Waste Source Reduction andadditional load on off-site waste management Management Review Act of 1989 (SB 14), if applicable, to minimizecapabilities. commercial waste generation.

(2) The following mitigation measures for Hazardous Waste Generationwould reduce Cumulative Hazardous Waste Disposal impacts:

Hazardous Waste Generation Mitigation 1. The Port shall continue to 1.) This measure will he 1.) See Hazardous Materials Use 1.) See Hazardous Materialsimplement and enforce Port Ordinance No. 3009 that requires all tenants to implemented by Hazardous Mitigation I, above. Use Mitigation I, above,comply with existing laws and regulations regarding hazardous materials, Materials Use Mitigation I, above.including hazardous waste minimization requirements.

Hazardous Waste Generation Mitigation 2. The Port shall continue to 2.) This measure will he 2.) See Hazardous Materials Use 2.) See Hazardous Materialsprepare and update its Hazardous Materials Business Plan, and require its implemented by Hazardous Mitigation 7, above. Use Mitigation 7, above.tenants to do the same, to provide an inventory of hazardous substances Materials Use Mitigation 7, above.stored on-site and procedures for handling and emergency response.

Hazardous Waste Generation Mitigation 3. The Port shall require MOIA 3.) This measure will be 3.) See Hazardous Materials Use 3.) See Hazardous Materialstenants through lease provisions to disclose any hazardous materials used implemented by Hazardous Mitigation I, 4, and 7, above. Use Mitigation 1, 4, and 7,and to comply with applicable laws and regulations regarding hazardous Materials Use Mitigation 1, 4, above.materials and hazardous waste minimization. and 7, above.

Hazardous Waste Generation Mitigation 4. The Port shall assist tenants in 4a.) This measure will be 4a.) See Hazardous Materialsidentifying BMPs to prevent stormwater pollution and to provide product implemented, in part, by Hazardous Spill Mitigation 4, above.and vendor information regarding environmentally safe and recyclable Materials Spill Mitigation 4, aboveproducts that can be used to reduce the quantities of hazardous waste (the Port assisting tenants ingenerated. identifying effective BMPs) and

with implementation of 4b, below.

4a.) See Hazardous MaterialsSpill Mitigation 4, above.

22

Alternative A: Add a second westbound right-turn lane on Davis Street at Alternative A or Bthe Doolittle Drive / Davis Street intersection. a.) Port would enter into an

agreement with Caltrans and theAlternative B: Provide a minimum 1,000-foot-long northbound right-turn City of San Leandro (if mutuallane on Doolittle Drive, and a free right-turn lane on westbound Davis concurrence of mitigation isStreet at the Doolittle Drive / Davis Street intersection. Install channelized reached).islands that would separate the westbound and northbound right turns from b.) Require in construction plansthrough movements on those legs and that would separate northbound and specifications.through traffic from the westbound-to-northbound right turns.

Alternative A only Alternative A only Alternative A onlyc.) Acquisition of additional right- c.) Port and City of Oakland c.) Before constructionof-way. acquire right-of-way contract goes out to bid.

Alternative A or Ba,b.) Caltrans in coordinationwith Port and City of SanLeandro (measure is notenforceable by Port)

Alternative A or Ba-b.) Before constructioncontract goes out to bid.


IMPACT

MITIGATION MEASURE


Cumulative Hazardous Waste Disposal(cont.)



Under the proposed ADP, impacts would occurto levels of service (LOS) in intersections in thevicinity of MOIA.

Doolittle Drive / Davis Street Intersection.Traffic volumes would increase at thissignalized intersection in 2000, althoughoperating conditions would be LOS C or better.Traffic volumes would increase further by2010, and unacceptable LOS F conditionswould occur during the a.m. peak hour. Theimpact at this intersection would be significantin 2010 under both the ADP (LOS F) and theno project alternative (LOS F). Airportcontributions to cumulative traffic volumeswould be about 5 percent (proposed project)and 3 percent (no project alternative).

4b.) As part of the Stormwater 4b.) EH&SC

4b.) As new informationMonitoring Program and EBMUD

becomes available.

annual inspections and periodiceducational forums for tenants, theEH&SC will continue to providenew information on recycling andreuse of materials and vendors'products as it becomes available.

Doolittle Drive / Langley Street and Maitland Install traffic signals at the intersections of Doolittle Drive / Langley Street a.) Assessment of costs for fair a-c.) Caltrans and City ofDrive / Island Drive Intersections. Operating and Maitland Drive / Island Drive. share contribution toward funding. Alameda in coordination withconditions for critical movements at these b.) Port would enter into an Portunsignalized intersections would degrade to The Joint Exercise of Powers Agreement (JEPA) would provide the agreement with Caltrans and theLOS E or Fin 2000 and would deteriorate mechanism for implementing this mitigation measure, as well as additional City of Alameda (if mutualfurther by 2010. Under the proposed ADP, transportation mitigations set forth in this analysis. concurrence of mitigation isMOIA would contribute less traffic to the reached).intersections than would non-Airport sources. c.) Construction plans and

specifications.

a-c.) Before constructioncontract goes out to bid.

23


IMPACT

MITIGATION MEASURE


Intersection Operations (cont.)

Otis Drive / Fcrnside Boulevard Otis Drive IBayview / High Street, and FernsideBoulevard / Gibbons Drive I High Street Intersections. Traffic volumes would increasein these signalized intersections in 2000 andwould increase further by 2010. UnacceptableLOS E or F conditions would result in 2000 atOtis / Femside and Femside I Gibbons / High,under both the proposed ADP and the noproject alternative. All three of theintersections would experience unacceptableLOS E or F in 2010 under the proposed ADP,although the Airports contribution to traffic inthese intersections would be small.

Otis Mitigation 1. a.) Assessment of costs for fair a,b„d.) Port of Oakland ina.) Year 2000. Add an exclusive right-turn lane and modify the shared share contribution toward funding. coordination with the City of

through / right-turn lane to an exclusive through lane on the northbound b.) Port would enter into an Alameda(Otis) approach, at the Otis Drive / Femside Boulevard intersection. agreement with City of Alameda (if

mutual concurrence on mitigation isreached).c.) Acquisition of additional rights- c.) Port of Oakland and City ofof-way. Alameda (measure is notd.) Construction plans and enforceable by Port)specifications

b.) Year 2010. In 2010, add an additional right-turn lane to the above- a.) Assessment of costs for fair a,b,d.) Port of Oakland inidentified 2000 mitigation measure on the northbound approach. Add an share contribution toward funding. coordination with the City ofadditional left-turn lane to the eastbound (Fernside) approach. b.) Port would enter into an Alameda

agreement with City of Alameda, b,c.) Port of Oakland and City ofEach of the above mitigation measures for 2000 and 2010 would require which has jurisdiction over Alameda (measure is notacquisition of additional right-of-way at this intersection. improvements to City of Alameda enforceable by Port)

intersections (if mutual concurrenceon mitigation is reached).c.) Acquisition of additional rights-of-way.d.) Construction plans andspecifications

Otis Mitigation 2. Modify the Otis Drive / Bayview / High Street a.) Assessment of costs for fair a,b,d.) Port of Oakland inintersection as follows: change the shared through / left-turn lane on the share contribution toward funding. coordination with the City ofsouthbound (Otis) approach into an exclusive through lane and add an b.) Port would enter into an Alamedaexclusive left-turn lane and an exclusive right-turn lane; on the northbound agreement with City of Alameda,approach, add an exclusive left-turn and right-turn lane; add an exclusive which has jurisdiction overleft-turn lane on the westbound (High) approach; and add an exclusive improvements to City of Alamedaright-turn lane on the eastbound (Bayview) approach. intersections (if mutual concurrence

on mitigation is reached).This mitigation measure would require acquisition of additional right-of- c.) Acquisition of additional rights- c.) Port of Oakland and City ofway at this intersection. of-way. Alameda (measure is not

d.) Construction plans and enforceable by Port)specifications.

a-d.) Before constructioncontract goes out to bid.



24




Intersection Operations (cont.) Fernside Mitigation I. Possible mitigation measures at the Fernside a.) Determine feasibility of this a,b,d.) Port of Oakland inBoulevard / Gibbons Drive / High Street intersection, described in detail in measure; assessment of costs for fair coordination with the City ofthe Gibbons Drive/Fernside Boulevard /Nigh Street Neighborhood Study share contribution toward funding. Alamedaprepared for the City of Alameda in 1992, include the partial or complete b.) Port would enter into anclosure of the Gibbons Drive approach. agreement with City of Alameda,

which has jurisdiction overimprovements to City of Alamedaintersections (if mutual concurrenceon mitigation is reached).c.) Acquisition of additional rights- c.) Port of Oakland and City ofof-way. Alameda (measure is notd.) Construction plans and enforceable by Port)specifications.


Airport Drive / Alan Shepard Way Intersection. Install traffic signal at the intersection of Airport Drive / Alan Shepard Way. a.) Assessment of costs for fair a,b,d.) Port of Oakland inOperating conditions for critical movements at share contribution toward funding. coordination with the City ofthis unsignalized intersection would degrade to b.) Port would enter into an AlamedaLOS E in 2000 and 2010. agreement with City of Alameda,

which has jurisdiction overimprovements to City of Alamedaintersections (if mutual concurrenceon mitigation is reached).c.) Acquisition of additional rights- c.) Port of Oakland and City ofof-way. Alameda (measure is notd.) Construction plans and enforceable by Port)specifications.

Additional Intersection Impacts. At five of the See intersection mitigations for Doolittle Drive / Langley Street, Maitland a.) Determine feasibility of this a,b,d.) Port of Oakland inintersections discussed above, where significant Drive / Island Drive, Airport Drive / Alan Shepard Way, Doolittle Drive / measure; assessment of costs for fair coordination with the City ofimpacts would result from cumulative traffic Davis Street, Fernside Boulevard / Gibbons Drive / High Street, above. share contribution toward funding. Alameda or City of Oakland, asincreases including MOIA trips generated under b.) Port would enter into an appropriatethe proposed ADP and the no project agreement with City of Alameda oralternative, the difference between the effects of City of Oakland, which haveprojected ADP traffic and no project alternative jurisdiction over improvements totraffic on intersection operations would also be City of Alameda or City of Oaklandconsidered significant. At two signalized intersections (if mutual concurrenceintersections in 2010, increases in volume-to- on mitigation is reached).capacity (v/c) ratios resulting from the ADP c.) Acquisition of additional rights- c.) Port of Oakland and City ofwould be considered significant as compared to of-way. Alameda or City of Oakland, asincreases in v/c ratios under the no project d.) Construction plans and appropriate (measure is notalternative. At three unsignalized intersections specifications. enforceable by Port)that would experience significant cumulative



25



Intersection Operations (cont.)

effects under both the ADP and the no projectalternative, the impacts of the ADP also wouldbe measurably greater than those of the noproject alternative in 2000 and 2010, andtherefore are considered significant. Theaffected intersections are as follows:

Unsignalized Intersections - 2000 and 2010

• Doolittle Drive / Langley Street - a.m. peak

• Maitland Drive / Island Drive - a.m. peak

• Airport Drive / Alan Shepard Way - p.m.peak

Signalized Intersections - 2000 and/or 2010

• Doolittle Drive / Davis Street - a.m. peak(2010)


• Fernside Boulevard / Gibbons Drive / HighStreet - a.m. (2010) and p.m. (2000) peak

Airport Parking

Under the proposed ADP, the on-Airport Projected demand for public parking could possibly be met with thedemand for public parking would increase in development of additional parking lots on- or off-Airport. However,2000 and would increase further by 2010. The physical as well as financial constraints would make the feasibility ofon-Airport public parking supply in 2000 implementing this mitigation uncertain.would accommodate estimated weekday ratesof parking occupancy. Demand for on-Airportparking would not be met with the proposedADP in 2010.

Assess feasibility, physical and

Port Aviation and Engineering in Ongoingfinancial constraints. consultation with the City of

Oakland, as warranted

26

Seismic Mitigation 1. Ia.) Determine whether any further la-d.) Engineering Design ina.) The Port of Oakland is required by law to conform to the seismic design studies to obtain geotechnical data consultation with ECM

standards of the most current edition of the Uniform Building Code, are needed for engineering designs;recently updated (1994). if needed, proceed with tests/studies.

lb.) Incorporate design standardsb.) The Port would follow the policies of the Safety & Seismic Safety Element of from Uniform Building Code and

the Oakland Comprehensive Plan and consult updated versions of the Seismic and Safety Element ofCaltrans Highway Design Manual for structural design criteria for all Oakland Comprehensive Plan intonew buildings, roadways, and bridges. construction plans and

specifications.c.) Site-specific geotechnical data would also be obtained and used to lc.) Oversee compliance by

determine the most effective engineering design. construction contractor.

4.22 Geology and Seismology

Seismic Ground Shaking/Secondary GroundFailure

Development of the proposed project wouldincrease the number of people and facilitiesexposed to structural and nonstructural hazardsresulting from possible blind faults, seismicground shaking, and secondary ground failuresat buildout in 2000.

d,) The Port would employ all feasible engineering methods to reduce the Id.) Incorporate appropriate

potential for damage due to the various types of seismic ground failure. engineering methods into design.These methods could include anchoring structures with pre-stressedconcrete pilings to bedrock beneath bay muds and fill; densifying all

METROPOLITAN OAKLAND INTERNATIONAL ERNATIONAL AIRPORT AIRPORT DEVELOPMENT PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM


98th Avenue Off-Street Parking

Development of ARP Segments 5 and 6 would Development of all or some of the identified replacement parking lots a-1.) Incorporate into engineeringresult in the loss of off-street parking spaces for would mitigate the impact associated with the loss of 45 parking spaces in designs.several businesses located on 98th Avenue. park-and-ride facilities. Assistance to businesses not related to MOIA a-2.) Construction plans and

would be provided to develop replacement parking on the same or adjacent specifications.parcels so that the business employees and customers do not experience a-3.) Oversee constructionparking problems. contractor.

b-1.) Port will work with businessesto identify parking needs andfeasible locations.b-2.) Assist businesses in locatingand acquiring properties for use.b-3.) Assist businesses inengineering designs andconstruction oversight, as needed.

a-R.) Engineering Design

a-2,3.) ECM

b-11,2.) Aviation, Real Estate

b-3.) Aviation, Engineering,ECM

a-1.) Prior to completion offinal designs.a-2.) Before constructioncontract goes out to bid.a-3.) During construction.

6-1,2,3.) Prior to and duringconstruction, projectoperation.

Ia.) Prior to completion offinal engineering designs.

lb.) Before constructioncontract goes out to bid.

lc.) During construction.

Id.) Prior to completion offinal designs.

27




Seismic Ground Shaking/Secondary GroundFailure (cont.)

loose foundation materials at each construction site; surcharging areasprior to construction with engineered fill; proper placement andcompaction of engineered fill; locally lowering the water table throughpumping; replacing naturally liquefiable materials with engineered fill;using flexible pavement design; and inspection, maintenance, andnecessary shoring of levees.

Seismic Mitigation 2. The Port of Oakland would review and approve final 2a.) Incorporate safety provisions 2a,b.) Engineering and City of 2a.) Before constructionbuilding designs, prior to building occupancy, to ensure incorporation of for recommended guidelines into Oakland contract goes out to bid.appropriate seismic safety provisions that address nonstructural hazards. final designs, construction plans andAppropriate seismic safety provisions would include anchoring, bracing, or specifications, as appropriate.restraining nonstructural elements such as furniture, shelving, or equipment. 2b.) Inspections of new 2b.) Prior to occupancy/use.Safety provisions, such as those in the Bay Area Regional Earthquake construction by properly trainedPreparedness Project (BAREPP) publication Reducing the Risks of personnel to ensure compliance withNonstructural Earthquake Damage: A Practical Guide and ABAG's codes, regulations, constructionHazardous Material Problems in Earthquakes, that are not already in place plans, and specifications.would be implemented for all facilities proposed as component projects ofthe ADP.

3a-d.) A phased approachbetween start of ADPconstruction and 2010.

Seismic Mitigation 3. The Port of Oakland would determine the adequacy 3a.) Re-evaluate structural safety 3a-c.) Engineering Designof existing structures to withstand anticipated ground accelerations. relative to current codes and safetyRetrofitting strategies would be developed and implemented in a phased standards to determine whether anyprogram that would ensure adequate structural safety for proposed uses to studies are warranted.reduce risks associated with increased exposure of people to seismic hazards 3b.) Perform studies as warranted.at MOIA in 2000 and 2010. 3c.) Evaluate recommendations;

incorporate into retrofit designs aswarranted.3d.) Develop construction plans 3d.) ECMand specifications.

Cumulative Seismic Ground Shaking/Secondary Ground Failure

Development of the proposed project, in The seismic ground shaking/secondary ground failure mitigations discussed See the seismic ground See the seismic ground See the seismic ground

conjunction with related projects at MOIA, above would also address this cumulative impact, shaking/secondary ground failure shaking/secondary ground failure shaking/secondary ground

would contribute to a cumulative increase in the mitigations discussed above. mitigations discussed above. failure mitigations discussed

number of people and facilities exposed to above.

hazards from seismic ground shaking andsecondary ground failures in 2000 and 2010.These seismic hazards could result in temporaryclosure of MOIA.

28


MITIGATION MEASURE IMPLEMENTATION PROCEDURE MONITORING RESPONSIBILITY IMPLEMENTATION SCHEDULE IMPACT

Seismically Induced Inundation

Development of the proposed project wouldincrease the number of people and structurespotentially exposed to seismically inducedinundation from tsunamis and dam failure athuildout in 2000. These seismic hazards couldresult in temporary closure of MOIA.

The Port of Oakland would implement a contingency plan to respond to the a.) An Emergency Preparedness a,b.) Airport Operations in a,b.) Plan has been preparedhazards of tsunamis and upstream dam failures as part of its emergency Plan, as required by FAA policy, consultation with FAA, Oakland and is revised as needed.preparedness program. has been prepared and includes Fire Department (OFD), and

emergency response measures to Oakland Police Departmenthandle emergencies associated with (OPD)high tides and flood disasters.b.) Plan identifies responsibilities,training requirements, notificationrequirements for emergencyresponse.

Cumulative Seismically Induced Inundation

Development of the proposed project, in Implementation of the seismically induced inundation mitigation discussed a.) An Emergency Preparedness a,b.) Airport Operations in a,b.) Plan has been preparedconjunction with related projects at MOIA, above would also address this cumulative impact. Plan, as required by FAA policy, consultation with FAA, OFD, and and is revised as needed.would contribute to a cumulative increase in the has been prepared and includes OPDnumber of people and structures that could be emergency response measures toexposed in 2000 and 2010 to seismically handle emergencies associated withinduced inundation from tsunamis and dam high tides and flood disasters.failure. b.) Plan identifies responsibilities,

training requirements, notificationrequirements for emergencyresponse.

Settlement

Construction and expansion of proposed ADP a.) The Port of Oakland would obtain site-specific geotechnical data and a.) Determine whether any furtherbuildings, roadways, parking areas, and airfield employ all feasible engineering methods to reduce the potential for studies arc needed to obtainapron and taxiways would expose structures to residual damage due to collapse or settlement of weak foundation soils, geotechnical data for engineeringpotential damage resulting from settlement or fill, and bay muds. designs; if needed, proceed withcollapse of weak geologic units and foundation tests/studies.soils. b.) The technical mitigations would be determined during design-level b.) Incorporate appropriate

planning, but could include: engineering techniques into projectdesign to minimize/avoid impacts

• removal of weak soils and replacement with engineered fill; due to settlement.

• surcharging bay muds with engineered fill;

a,b.) Engineering Design a,b.) Prior to final projectdesigns.

29

METROPOLITAN OAKLAND IN'I ERNATIONAL AIRPORT AIRPORT DEVELOPMENT PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM


Settlement (cont.) • constructing at grade rather than using elevated structures;

• support of buildings and grade-separated bridge structures on deep-driven or anchored pilings;

• shoring of excavations to prevent collapse; and

• support of at-grade road surfaces on shallow mats designed todistribute bearing pressures uniformly downwards.

c.) Adherence to airport structural design criteria specified by the FAA c.) Construction plans andwould be required. The Port would design the pavements and bridge at specifications will incorporateTaxiway B to support aircraft weight loads in excess of 100,000 pounds. Uniform Building Code

requirements, FAA structural designcriteria, as appropriate, andinformation obtained from anygeotechnical tests/studies conducted,as appropriate.

Construction Soils

Interception of shallow groundwater could Adherence to standard engineering practices is proposed as part of the a.) Require in engineering design.result in effects that include long-term project and would serve as mitigation for potential construction soils b.) Construction plans andhydrostatic stress on structures. Breaching of impacts. specifications.shallow aquifers through subsurface excavation c.) Oversee contractor complianceduring construction of roadways and buildings Final project design for all below-grade features shall include provisions to during construction.would disrupt normal groundwater movement reduce the need for groundwater pumping that could contribute toand could create sumps that result in settlement settlement. Subsurface structures to be placed below the groundwater tableof the ground surface. Both settlement and would be designed to withstand any estimated buoyancy effects andbuoyancy effects on structures placed below the hydrostatic pressures without experiencing significant damage. Thegroundwater table may cause damage to these settlement mitigation, above, also applies to construction soil impacts.structures. Additionally, dewatering to reducethe potential for damage due to seismic groundfailure or for construction purposes mayweaken soils and lead to settlement.

c.) ECM

c.) Before constructioncontract goes out to bid.

a.) Engineering Design a.) Prior to final design.b.) ECM

b.) Before constructioncontract goes out to bid.

c.) ECM, EH&SC

c.) During construction.

30


IMPACT

MITIGATION MEASURE



Fire Protection and Emergency Medical Aid

Increases in air passenger and air cargo activity a.) The Port of Oakland would develop and implement mutual aid a.) Mutual aid agreement has been a.) Aviation Division, OFD, AFD a.) Finalized in 1997.under the proposed ADP and the no project agreement(s) for supplemental fire protection and emergency medical finalized.alternative, as well as expansion of Airport services with the OFD and AFD to coordinate the order of response andfacilities under the ADP, could result in access to MOIA. Within the mutual aid agreement(s), the Port, OFD,additional demand for fire protection and and AFD shall address on-Airport access (including airside areas such asemergency medical services. In the event of a runways), perimeter road improvements (i.e., hydrants and lighting) formajor catastrophe, the capabilities of the OFD mobile emergency equipment, adequate water pressure, development ofand the Alameda Fire Department (AFD) could a radio communication system, and/or water rescue procedures.he insufficient to support Airport Rescue andFirefighting Facility (ARFF) staff in responding b.) Construction of ARP Segments 1 and 2 would provide direct access for b.) Construction plans and b.) ECM b.) Prior to constructionto prevent property damage, personal injury, or the AFD to North Airport and South Airport airfield, air cargo, and air specifications will identify the contract going out to bid.loss of life. passenger facilities. ARP Segments 1 and 2 also would afford secondary required route to be constructed.

access to the Airport for the OFD and would thus substantially improveoverall delivery of emergency services to MOIA.

Police Protection

Increases in passenger and air cargo activity at Additional security personnel and equipment, which can be provided by the a.) Conduct assessment tobuildout in 2000 and in 2010 would generate Port and the OPD, would be required to maintain or improve existing levels determine additional personnel andincreased demand for police services (both of police protection service. The FAA requires minimum service levels for equipment needs.Airport Security and the OPD) through increased airport security at MOIA based on the number of passengers and terminal h.) Comply with FAA securityautomobile and person traffic in the project area. configuration, which will be maintained by the Port and/or the OPD. Under requirements pertaining to minimumConsequently, demand for police protection the proposed project, the Port would have to provide additional security and service level requirements underservices would increase and could adversely equipment for new terminal areas to meet FAA security requirements under Part 107 for new terminal area.affect the current level of service provided by the Part 107.Port (Airport Security) and the OPD,

Wastewater

a.) Aviation, Airport Operations a,b.) Prior to operation ofapplicable projects.

b.) Port Operations and OPD

Base sewage flows to Pump Station G would To mitigate increased future Airport wastewater volumes that could a.) Reassess water use and potential a.) Engineering, Aviation a,b.) Ongoing process priorincrease over current levels in 2000 and contribute to exceedance of the capacity of the sanitary sewer system, the conservation measures for each Administration to construction andadditionally in 2010. During wet-weather Port would participate with EBMUD in an assessment of capacity and use ADP project to identify where it is throughout construction andconditions, base sewage flows increase by of facilities used by the Airport, and would proportionally fund feasible to reduce consumption and operation.varying amounts due to inflow and infiltration of improvements to existing infrastructure to meet future base sewage flows, if wastewater generation.stormwatcr. Although wastewater flows from the determined to be necessary. h.) Incorporate into project b.) Port Engineering, AirportPort amount to approximately 20 percent of operation, as appropriate. Facilitiescapacity, currently Pump Station G occasionallyexceeds capacity during wet weather. Increased

31



Wastewater (cont.)

Airport activity would increase the Port'scontribution to wastewater flows at Pump StationG that at times exceed its capacity, resulting insignificant impacts to wastewater service.


Construction Traffic Impacts in Oakland: Project a.) The Port of Oakland, the City of Oakland, and/or the Port's construction a-1.) Incorporate into construction a-1,2.) Airport Facilities in a-1.) Before constructionconstruction during development of ARP contractor(s) would ensure that solid waste collection services were not plans and specifications. coordination with City of contract goes out to bid.Segments 5 and 6 under the proposed ADP could impaired and that traffic flows remained smooth by hiring additional a-2.) Oversee contractor Oakland a-2.) During construction.have a significant impact on waste collection and personnel during the construction period specifically for traffic control. compliance.disposal operations in the project area ifdisruption of traffic flows On Interstate 880 (I- b.) In addition, the Port would coordinate with Waste Management of b-I .) Incorporate into construction b-I.) Airport Facilities and b-I .) Prior to start of880) were to result. Interchanges at Hegenberger Alameda County to provide altemate routes during project construction plans and specifications. Operations in coordination with construction.Road and 98th Avenue in the City of Oakland to minimize potential impacts to existing services. Waste Management of Alamedaprovide access to 1-880 from two of the three Countymain thoroughfares connecting the Davis Street b-2.) Oversee compliance of b-2.) Airport Facilities and b-2.) During construction.Transfer Station, Waste Management of Alameda contractor during construction. Operations, Port ECMCounty's primary operating facility, to thefreeway from its site adjacent to South Airport.Construction of ARP Segments 5 and 6 coulddisrupt traffic flows on 1-880 and consequentlyresult in service interruptions to the MOIA.

32


MITIGATION MEASURES ADOPTED FOR LESS-THAN-SIGNIFICANT IMPACTS



Common Vegetation

Paving of up to 189 acres of currently unpaved a.) Prior to construction, the potentially affected population of gumplant a-1.) Incorporate into project design a-1.) Environmental Planning, a-1,2.) Prior to start ofland under the proposed ADP would eliminate would be identified, flagged, and avoided, where possible. and construction plans and Engineering Design, ECM construction.common vegetation, including non-native specifications. a-2.) Environmental Planning in a,b.) Prior to and duringgrassland and ruderal plant species (in a-2.) Identify and flag areas of coordination with Airport construction.particular, several hundred salt marsh gumplants gumplant avoidance. Facilities, ECMoccur along Doolittle Drive, on San LeandroCreek from cast of the 98th Street Bridge to b.) An organization such as California Native Plant Society or comparable b.) Contact botanical preservation b.) Facilities; ECM inflegenberger Road). Under the proposed botanical group would be contacted to coordinate possible transplanting organization. coordination with Environmentalproject, approximately 100 individuals of this efforts. a,b.) Oversee compliance Planningspecies (about 0.25 acres) would be directly monitoring for avoidance andimpacted by development of ARP Segment 6. transplants.

To improve warning, evacuation, and emergency response readiness, the a.) An Emergency Preparedness a,b.) Airport Operations in a,b.) Plan has been preparedPort would implement, as part of its emergency preparedness program, a Plan, as required by FAA policy, consultation with FAA, Oakland and is revised as needed.contingency plan to respond to the hazards of infrequent flood hazards. The has been prepared and includes Fire Department (OFD), andcontingency plan could include, but would not be limited to, the following emergency response measures to Oakland Police Departmentelements: handle emergencies associated with (OPD)

high tides and flood disasters.

• Testing of waming/notification systems to provide maximum response b.) Plan identifies responsibilities,

time; training requirements, notificationrequirements for emergency

• Evacuation plans with specific recommendations and measures to response.inform all categories of persons present on MOIA (workers, passengers,and others), including evacuation routes to areas of least risk; and

• Site and facilities evaluation and assessment procedures to determinethe nature and magnitude of any damage and to ascertain whetherrepairs would be required.

4.12 Flooding and Floodplains

Cumulative Flood Hazard

Facilities proposed as part of the ADP andrelated Airport projects would be exposed tolocalized, overbank, and coastal flood hazardsin storms of greater magnitude than the100-year event.

33


a.) Incorporate measures intoengineering designs and plans.b.) Obtain BCDC permit.

c.) Oversee compliance ofcontractor during construction.

a,b.) Engineering Design, Port a.) Prior to completion ofAviation Division, Environmental final designs.Planning in consultation with b.) Prior to construction.BCDCc.) ECM c.) During construction.


Cumulative Flood Hazard (cont.)

4.13 Coastal Zone Mana gement Programand Coastal Barriers

Potential Shoreline Encroachment

Elevation of certain roadway segments, such as those portions of AirportDrive contained within ARP Segment 3, would also help reduce potentialdamage and ensure the availability of emergency escape routes on suchroads if an inundation event occurred.

The Bay Conservation and Development The Port would incorporate into the terminal design measures to ensureCommission (BCDC) Bay Plan permits airport public visual and/or physical access to the adjacent shoreline, consistentdevelopment in the shoreline zone, although the with Port and FAA security requirements.plan constrains additional bay fill. Under theproposed ADP, a portion of the Terminal 2expansion could be constructed within the 100-foot shoreline zone that is subject to BCDCjurisdiction.

4.16 Energy Supply and Natural Resources

Energy Consumption

Growth in operations at MOIA would cause (1) All new buildings shall meet the standards for energy efficiency set forth 1-4.) Check permit applications for 1-4.) Port Permitting 1-4.) Prior to permitincreased consumption of non-renewable in Title 24 of the California Code of Regulations. These standards would incorporation of applicable energy approval.energy resources; under the ADP, consumption reduce the possibility of wasteful energy use with respect to building measures.of non-renewable resources would also be heating, cooling and lighting. The effectiveness of Title 24 energy I.) Require compliance with CCR, 1.) City of Oakland Public 1.) Prior to completion ofrequired for construction of project standards is dependent upon the diligence of the Port of Oakland and its Title 24, standards for energy Works and Port Engineering and engineering designs.components. tenants in working with the City of Oakland public works/engineering and efficiency. Permitting Departments in

planning departments in reviewing building applications. consultation with Port tenants

2a,b.) ECM

3a,b.) Engineering Design

4.) Engineering Design

(2) To avoid unnecessary consumption of energy during construction 2a.) Construction plans andphases of individual ADP projects, idling construction equipment would specifications.be turned off when not in use (unless doing so would damage the 2h.) Oversee contractor'sequipment). compliance during construction.

(3) The Port will require use of state-of-the-art design elements and 3a.) Required by regulations andcompliance with all state and federal requirements (i.e., U13C) to ensure Port policy.outdoor safety and conservation of energy. 3b.) Incorporate into engineering

designs.

(4) Mechanical systems that utilize central plan equipment for heating or 4.) Incorporate into engineeringcooling would be computer-controlled to ensure maximum efficiency. designs.

2a.) Prior to constructioncontract going out to bid.2b.) During construction.

3a,b.) Prior to completion offinal designs.

4.) Prior to completion offinal designs.

34



Energy Infrastructure

Consumption of natural gas and electricity at The Port would contact PG&E as soon as practicable to coordinate Incorporate into engineering designs Port Engineering and ECM in Prior to completion of finalMOIA would increase substantially under the infrastructure improvements related to the ADP, particularly those related to and construction plans and consultation with PG&E designs.proposed project. To meet the increased new buildings at MOIA and air quality mitigation measures (e.g., specifications.demand for electricity, Pacific Gas and Electric conversion of GSE to altemative fuels and substitution of terminal-based(PG&E) would likely need to upgrade its power supply) for some auxiliary power units.distribution system by adding lines and/orupgrading the local substation. PG&E'sexisting natural gas distribution system wouldlikely be able to meet the increased demand atMOIA under the ADP.

4.17 Aesthetics/Design, Art and Architecture

Visual Character/Design, Art and Architecture

Construction of new facilities presents an The project shall incorporate measures to implement the design, art, and Incorporate into engineering designs Port Engineering and ECM Prior to completion of finalopportunity to enhance the architectural usage architecture recommendations set forth in the FAA's Order 5050.4A and construction plans and designs.of Airport facilities and to increase the (Airport Environmental Handbook) and the City of Oakland's Policy Plan in specifications.Airport's visual importance. the design and construction of project buildings.

4.18 Light Emissions

Light Emissions

Expanded activity under the proposed project The Port of Oakland would design the project so as to reduce the potential Incorporate into engineering designs Port Engineering Design and Prior to completion of finalwould increase the number of surface vehicles for off-site spillage of light and glare. In order to achieve this objective, the and construction plans and Construction designs involving runway,and aircraft operating at MOIA in 2000 and Port will incorporate state-of-the-art technology into the design of aircraft specifications. aircraft ground surfaces.2010 at all times of day. The increase in ground surfaces, which will be made of a light absorptive material to reducesurface vehicles and aircraft on the project site, glare.both moving and stationary, would generateadditional glare during the day and add toexisting illumination levels during the eveningand nighttime. Structures proposed under theADP would also introduce new sources of lightand glare at buildout in 2000.

35


IMPACT

MITIGATION MEASURE


4.19 Solid Waste

Solid Waste Disposal

Under the proposed ADP, solid waste volumes Compliance with Assembly Bill 939 can be achieved by coordinating waste a.) Required to comply with a.) Port of Oakland in a.) As Alameda Countywould increase in 2000 and in 2010. and recycling collection through Waste Management of Alameda County, California regulation AB 939. coordination with City of directs.

which has the largest recycling facility in Alameda County. Oakland and Waste Managementof Alameda County

b.) Educate Port facilities personnel b.) Port EH&SC, Operations b.) As new waste reductionand tenants in methods of solid methods are identified,waste reduction as recommended by convey the information toWaste Management of Alameda Port facilities personnel andCounty during EHS site inspections/ tenants.monitoring and provide handouts/literature.


Hazardous Waste Generation

Increases in aircraft operations could indirectlypromote increased generation of hazardouswastes that would have to be handled anddisposed in 2000 and in 2010 under theproposed ADP.

Hazardous Waste Generation Mitigation I. The Port shall continue to 1.) This measure will be 1.) See Hazardous Materials Use I.) See Hazardous Materialsimplement and enforce Port Ordinance No. 3009 that requires all tenants to implemented by Hazardous Mitigation 1, above. Use Mitigation 1, above.comply with existing laws and regulations regarding hazardous materials, Materials Use Mitigation 1, above.including hazardous waste minimization requirements.

Hazardous Waste Generation Mitigation 2. The Port shall continue to 2.) This measure will be 2.) See Hazardous Materials Use 2.) See Hazardous Materialsprepare and update its Hazardous Materials Business Plan, and require its implemented by Hazardous Mitigation 7, above. Use Mitigation 7, above.tenants to do the same, to provide an inventory of hazardous substances Materials Use Mitigation 7, above.stored on-site and procedures for handling and emergency response.

Hazardous Waste Generation Mitigation 3. The Port shall require MOIA 3.) This measure will be 3.) See Hazardous Materials Use 3.) See Hazardous Materialstenants through lease provisions to disclose any hazardous materials used implemented by Hazardous Mitigation 1, 4, and 7, above. Use Mitigation I, 4, and 7,and to comply with applicable laws and regulations regarding hazardous Materials Use Mitigation I, 4, above.materials and hazardous waste minimization. and 7, above.

Hazardous Waste Generation Mitigation 4. The Port shall assist tenants in 4a.) This measure will be 4a.) See Hazardous Materials 4a.) See Hazardous Materialsidentifying BMPs to prevent stormwatcr pollution and to provide product implemented, in part, by Hazardous Spill Mitigation 4, above. Spill Mitigation 4, above.and vendor information regarding environmentally safe and recyclable Materials Spill Mitigation 4, aboveproducts that can be used to reduce the quantities of hazardous waste (the Port assisting tenants ingenerated. identifying effective BMPs) and

with implementation of 4b, below.

36



Hazardous Waste Generation (cont.)

4b.) As part of the Stormwater 4b.) EH&SC

4b.) As new informationMonitoring Program and EBMUD

becomes available.

annual inspections and periodiceducational forums for tenants, theEH&SC will continue to providenew information on recycling andreuse of materials and vendors'products as it becomes available.



Doolittle Drive / Hegenberger Road Doolittle Mitigation I. Add a second left-turn lane on southbound Doolittle a.) Assessment of costs for fairIntersections. Under the proposed project, Drive and a dedicated right-turn lane on northbound Doolittle Drive at the share contribution toward funding.volume-to-capacity ratios would increase at the Doolittle Drive / Airport Access Road intersection. This mitigation measure b.) Port would enter into anfollowing signalized intersections in 2000, and would likely require acquisition of additional right-of-way. agreement with Caltrans and thewould increase further by 2010: City of Alameda (if mutual

Doolittle Mitigation 2. Add a second left-turn lane on southbound Doolittle concurrence of mitigation is• Doolittle Drive / Airport Access Road Drive at the Doolittle Drive / Hegenberger Road intersection. This reached).• Doolittle Drive / Hegenberger R.oad mitigation measure would not require acquisition of additional right-of-way. c.) Construction plans and• Doolittle Drive / Harbor Bay Parkway specifications.• Pardee Drive / Hegenberger Road Doolittle Mitigation 3. Add a second right-turn lane and an additional• Hegenberger Road / Edgewater Drive through lane on southbound Doolittle Drive, and an additional right-turn

lane on eastbound Harbor Bay Parkway at the Doolittle Drive / Harbor BayThe above signalized intersections would Parkway intersection. This mitigation measure would not requireoperate at LOS D or better under project acquisition of additional right-of-way.conditions in 2000 and in.

a-c.) Caltrans and City ofAlameda in coordination withPort

a-c.) Before constructioncontract goes out to bid.

Hegenberger Mitigation I. Add a second left-turn lane on southbound a.) Assessment of costs for fair a,b,d.) Port of Oakland inPardee Drive at the Pardee Drive / Hegenberger Road intersection. This share contribution toward funding. coordination with the City ofmitigation measure would not require acquisition of additional right-of-way. b.) Port would enter into an Alameda

agreement with City of Alameda (ifHegenberger Mitigation 2. Add an eastbound and westbound mutual concurrence on mitigation is(Hegenberger) through lane and reconfigure the eastbound and westbound reached).approaches to allow for a through / right shared lane at the Hegenberger c.) Acquisition of additional rights- c.) Port of Oakland and City ofRoad / Edgewater Drive intersection. This mitigation measure would of-way. Alameda (measure is not

require acquisition of additional right-of-way. d.) Construction plans and enforceable by Port)specifications


37



Construction

Construction would displace existingon-Airport public parking spaces.


a.) Specify in construction plans a.) ECM, Engineering Designand specifications.b.) Oversee construction contractor. b.) ECM

a.) Before constructioncontract goes out to bid.b.) During construction.

The Port would ensure that development of all or some of the identifiedreplacement parking lots proposed as part of the project would occur priorto ADP construction phases that would displace existing parking spaces.

Water Supply

Based on projected increases in Airport activity, EBMUD recommends that the Port develop a water usage program to a.) Port will identify feasible water a.) Aviation Division, a.) Prior to completion ofwater consumption in 2000 and 2010 would reduce consumption. The program would employ water conservation reduction measures in consultation Engineering in consultation with engineering designs.increase over the current level of measures (assuming fire flow requirements arc met) and develop with EBMUD, ARFF, OFD, and EBMUD, ARFF, OFD, and AFD214,400 gallons per day under both the infrastructure for non-potable water usage (reclaimed water). The Port, in AFD.proposed ADP and the no project alternative. consultation with the ARFF, OFD, and AFD, could monitor the need for b.) Incorporate into engineering b.) Port Engineering Design and b.) Prior to construction

additional water to meet fire flow requirements of 3,000 gallons per minute designs, construction plans, and ECM contract going out to bid.as million annual passenger (MAP) levels rise to projected levels in 2000 specifications.and 2010. The Port, in conjunction with EBMUD, could also investigate c.) Implement measures as feasible. c.) ECM, Aviation Division c.) During construction andpotential sources of reclaimed or recycled water service to MOIA. operation, as appropriate.Appropriate uses of non-potable water include irrigation and constructionwater. In addition, the Port may choose to adopt the followingrecommendations of the State Department of Water Resources for reducingwater consumption in new developments:

• reducing water pressure greater than 50 pounds per square inch (psi) to50 psi or less by means of a pressure-reducing valve;

• equipping drinking fountains with self-closing valves;• installing 1.5-gallon-per-flush toilets in all new and renovated

construction; and• submitting all final sanitary sewer design plans to EBMUD for

approval before implementation,

Construction Security

Construction of proposed ADP projectcomponents may increase security risks atconstruction sites.

The Port, OPD, and/or the Port's construction contractor(s) would provide a.) Conduct an assessment to a.) Port Airport Security Services a,b.) Prior to start ofadditional security personnel and equipment to patrol construction sites. determine the number of additional in consultation with construction construction.The Port's Airport Security Services shall consult with the OPD concerning security officers required to contractor and OPD.the number of additional security officers required to maintain present maintain present security standards.security standards. Additional security would be provided by the Port, b.) Retain additional services as b.) Airport Security ServicesOPD, and/or the Port's construction contractor. required during construction.

38

a.) Incorporate into constructionplans and specifications.

b.) Oversee contractor duringconstruction.

a.) ECM, Port Facilities in a.) Prior to construction.consultation with City ofOakland, EBMUD as warranted.b.) ECM b.) During construction.




Construction Traffic Impacts in Alameda: The Port of Oakland, the City of Alameda, and/or the Port's construction a.) Incorporate into construction a,b.) Airport Facilities inConstruction-related impacts on Harbor Bay contractor(s) would hire additional personnel during the construction period plans and specifications. coordination with the City ofParkway and Doolittle Drive from development specifically for traffic control. b.) Oversee contractor compliance. Alamedaof ARP Segments I and 2 could disrupt trafficflows and result in a need for police personnelto control traffic under the proposed ADP.

Construction Utilities

a.) Before constructioncontract goes out to bid.b.) During construction.

Existing water, wastewater, gas, and electrical The Port of Oakland would plan construction activities to minimizeutility lines could be disrupted and/or relocated disruption of existing utility lines. Where disruptions could occur, linesduring construction of proposed ADP project would be routed to maintain service. Construction-related interruptions tocomponents requiring subsurface work. utility service would be expected to be brief and could be scheduled to

inconvenience the fewest number of customers possible, Duringconstruction activities, detours would be provided to ensure local deliverieswould not be impaired.

39

/WPM

REBUTAM044

DEC 1 6 1997

BOARD CT N TAKEN DATE


Agenda SheetSUBJECT: Relocation of DSR-Senator/Cho Yang from

Howard Terminal to Seventh Street MarineContainer Terminal

suBmii i ED BY: Raymond A. Boyle

EXECUTIVE OFFICE RECOMMENDATION: .

Date: Qecember 16, 1997

Item No 21

PROGRAM AREA

Airport Operations

r7 Commercial Real Estate


eAB



DSR-Senator Lines and Cho Yang Shipping Company conduct joint operations, currently referredto as the Tricontinental Service, at Charles P. Howard Terminal under a Terminal Use Agreement(TUA) which expires December 31, 2000. Terminal services at Howard Terminal are provided byStevedoring Services of America (SSA).

Hanjin Shipping Company calls at Seventh Street Marine Container Terminal under a TUA whereterminal services are provided by Marine Terminals Corporation (MTC). Hanjin assumed amajority share of DSR-Senator Lines earlier this year. This new arrangement prompted a re-evaluation of terminal operations by DSR-Senator/Cho Yang and Hanjin in order to save onoperational expenses. DSR-Senator/Cho Yang has also agreed to have MTC provide it withterminal services.

In accordance with their TUA, DSR-Senator/Cho Yang has requested their operations betransferred to Seventh Street with a scheduled target date after January 1, 1998. This transfer willallow them to consolidate their operations with Hanjin so that terminal services can be provided byMTC.

We propose to transfer the DSR-Senator/Cho Yang TUA to the Seventh Street Terminal for aninitial period of one year and this shall be handled under the Port's relocation procedure through aresolution. Beyond this one year period, the transfer of the TUA to Seventh Street shall be for thebalance of the existing term expiring December 31, 2000 under a Port ordinance procedureauthorizing such transfer.

The proposed transfer of the Agreement was reviewed pursuant to the requirements of theCalifornia Environmental Quality Act (CEQA) and Port CEQA Guidelines and was determinedCategorically Exempt per Section 15301 (p) which exempts such Agreements where the premises orlicensed activity was previously leased or licensed to the same or another person, and where theAgreement involves negligible or no expansion of use beyond that previously existing.

RECOMMENDATION: Authorization of a resolution to transfer DSR-Senator/Cho Yangoperations to Seventh Street Marine Container Terminal for a period on one year; and approval ofan ordinance extending such transfer of the Terminal Use Agreement for the balance of the termbeyond and initial year. The Supplemental Agreement will be filed with the Federal MaritimeCommission in accordance with the Shipping Act of 1984.


[-I MOTION

Xi RESOLUTION

iiici ORDINANCE

El INFORMATION ONLY



Agenda SheetSUBJECT: Extension of Term for Maersk Pacific, Ltd.

Non-Exclusive Preferential AssignmentAgreement at Berth 24

SUBMITTED BY: Raymond A. Boyle


Date• December 16, 1997

Item No. 22

PROGRAM AREA


Commercial Real Estate)x) Maritime Operations


Maersk Pacific, Ltd. (Maersk) conducts operations at Outer Harbor Berth 24 under a ten (10) yearNon-Exclusive Preferential Assignment Agreement. The base term of this Agreement is scheduledto expire December 31, 1997.

Negotiations with Maersk regarding a new Agreement have been ongoing for several months.Concurrently, Maersk has been evaluating its terminal requirements which may eventually lead toexpanded operations in Oakland. Their review includes a vessel deployment study with thepossibility of additional Oakland calls. However, their review is not yet completed.

In order to provide Maersk sufficient time to review their future terminal requirements andconclude ongoing negotiations, we propose to extend the base term of the current Agreement for aperiod of ninety (90) days beyond its current expiration.

RECOMMENDATIONS:

Approval to extend Maersk's Non-Exclusive Preferential Assignment Agreement for ninety (90)days as outlined above. Following Board action, documents will be filed with the Federal MaritimeCommission in accordance with the Shipping Act of 1984.


MOTION

RESOLUTION

ORDINANCE

1 1 INFORMATION ONLY

a


0 MOTION

El RESOLUTION

ORDINANCE

El INFORMATION ONLY

'; p• BESIThierttoo

O.. / 97-... -- ,626 DEC 1 6 1997




-- Rescission of Appointments- Creation of Additional Position

SUBMITTED BY.'Gilbert C. Apodaca



Item No. 31

PROGRAM AREA




13 Overall Operations CI

FACTUAL BACKGROUND:

APPOINTIVI FNTS–Resolution (1 Reading).

It is requested that the Board approve the following appointments at the salaries and on the datesindicated:

AVIATION

Mi h I ns Senior E _ f.! en S stem E e Un" IBEW .n$5.5676nonth, rate "c"--The appointment of Michael D. Collins to the Civil Service position of SeniorEquipment Systems Engineer at Salary rate "c," $5,567/month, effective Monday, December 22, 1997,fills a position vacated by the resignation of the incumbent. Mr. Collins will be re-employed under CivilService Rule Section 5.10.

John M. Arthur Pierre. Port Equipment Driver (Rep. Unit 13, 1790). Aviation Division. $4.052/month. rate"b"--The appointment of John M. Arthur Pierre to the Civil Service position of Port Equipment Driver atSalary rate "b," $4,052/month, effective Monday, December 22, 1997, promotes an individual from aSemiskilled Laborer position that was approved in the FY 97-98 budget. (no backfill). Mr. Pierre wasselected from the current eligible list for Port Equipment Driver. The current salary for Mr. Pierre is$3,623/month. The proposed salary is $4,052/month, a $429/month (11.8%) increase.


a k T r o E ui Dr-v r Re U i B 9 RE Di i i n 4 0 hThe appointment of Jack R. Trollinger to the Civil Service position of Port Equipment Driver at Salaryrate "b," $4,052/month, effective Monday, December 22, 1997, fills a position vacated by theresignation of the incumbent. Mr. Trollinger was selected from the current Civil Service eligible list forPort Equipment Driver. The current salary for Mr. Trollinger is $3,623/month. The proposed salary is$4,052/month, a $429/month (11.8%) increase.

Full-Time Employees 612.00 FTE 547.00 FTE 539.00 FTE 537.00 FTEPart-Time Employees 2.13 FTE 3.00 FTE 2.40 FTE 2.40 FTERelief Telephone Operators 2.98 FTE 3.00 FTE 3.00 FTERelief Airport Custodians (P/T) 11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTE

0 29MEDICAL BACKFILL 3 1 0 2 0WORKER'S COMPBACKFILL* CIP 0 0 10 8* SPECIAL PROJECT 1 3 0 6

0 180 0 10

08 8 0 13BACKFILL

1

UNIT UNIT UNIT UNIT UNIT UNIT TOTALA

CATEGORY

TOTALS 13 12 10 29 0 0 64

CATEGORY

10/1/97 10/21/97 11/7/97 11/20/97 12/4/97

MEDICAL BACKFILL 4 5 4 5 6

*CB" 18 18 18 18 18* SPECIAL PROJECTS 11 9 11 11 10

TOTALS

63 63 62 59 64

27

3

29 27 23 29BACKFILL

* WORKER'S COMPBACKFILL

2 2 2 1

• AGENDA SHEET, PERSONNEL ITEMS–DECEMBER 161997

RESCISSION OF APPOINTMENTS–Resolution (1 Reading)

It is requested that the Board approve the rescission of the appointments of Sam Li who was appointedto the position of Port Senior Programmer/Analyst effective December 8, 1997, and Keith Saunders whowas appointed to the position of Port Equipment Service Worker effective December 1, 1997.

CREAT F ADDITIONIY–Orci_ng_Ili a e2 ai s

One Addi lona, Position of Port Equipment Driver {Rep. Unit B, L7901–Creation of an additional positionwill accommodate the proposed promotion of an individual from a Semiskilled Laborer position in theAviation Division.


FY 97-98 BUDGETED FTE: 583.80 FTE

EMPLOYEES AS OF AS OF 'AS OF AS OF2/1/91 12/17/96 12/2/97 12/16/97

Relief Airport Custodians 0.00 FTE n.On FTE 0.00 FTE

(Intermittent, P/T)TOTAL 625.35 FTE 562.98 FTE 552.40 FTE 550.40 FTE

Statistical breakdown of various Reliefs was not available durina this period.

** Count decrease due to one new appointment, one rescission of appointment, and two separations.

TEMPORARY AGENCY WORKER COUNT AS OF 12/4/97

* Temps supporting CIP or special projects--not replacement of current FTE

COMPARISON OF TEMPORARY AGENCY WORKER COUNT WITH PREVIOUS COUNTS

RECOMMENDATION

It is recommended that the Board of Port Commissionersapprove tha preceding appointments,rescission of appointments, and creation of additional position.

Page 2


PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations


Agenda SheetSUBJECT: CLOSED SESSION Date: December 16, 1997

40Item No.

FACTUAL BACKGROUND:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:two cases.


iVIOTIOINI

RESOLUTION


ORDINANCE

INFORMATION ONLY r“= 7! 7 CZ




DAVID L. ALEXANDERTELEPHONE (510) 272-1100

Port Attorney


COMMISSIONERSCELSO D. ORTIZ

President






Tuesday, December 2, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of September 16, 1997.

Regular meeting of October 7, 1997; regularmeeting of October 21, 1997; adjourned regularmeeting of October 31, 1997; and regular meetingof November 18, 1997 to be deferred.


See Item 40



COMMITTEE REPORTS:

Aviation


Maritime

•






TELEPHONE (510) 272-1100

CHRISTOPHER C. MARSHALLSecretary ot the Board

COMMISSIONERS







Tuesday, December 2, 1997, 3:00 p.m.

ROLL CALL:



Regular meeting of September 16, 1997.

Regular meeting of October 7, 1997; regularmeeting of October 21, 1997; adjourned regularmeeting of October 31, 1997; and regular meetingof November 18, 1997 to be deferred.


See Item 40



COMMITTEE REPORTS:

Aviation


Maritime



7 Items.



AIRPORT

1 Amendment of Funding and Implementation Agreementswith Alameda County Transportation Authority(ACTA) for Airport Roadway Project, MOIA,(Resolution)

2

Authorization to Prepare and Execute an Agreementwith Airport & Aviation Professionals, Inc. asAirline Liaison on the Airport Terminal ExpansionProgram. (Resolution)

3S Approval of an Agreement to Extend Right-of-Entryand Indemnity Agreement with United ParcelService, Inc. (Air Cargo Road - public/non-publicroadway, South Airport). (Resolution)

4S Approval of New License and Concession Agreementwith Bay Avionics, Inc. (8991 Earhart Road, NorthAirport) (Resolution)

5S Award of Contract to Replacement of Fuel StorageTank MF-11 at Building M-104, South Airport, MOIA.(Resolution)

6S This item not used.


11 HELD OVER Snoodles Four LLC Lease Termination. (Resolution)

12 Application to the State of California, Departmentof Transportation, Environmental EnhancementMitigation, for Grant to Fund Acquisition ofPrivate Land at Dennison Street. (Resolution)

2


MARITIME


22 Approval of Supplemental Agreement with HarzaEngineering Company of California for theGalbraith Dredged Material Facility Groundwaterand Air Quality. (Resolution)


OPERATIONS

31 Personnel Items: Appointments; and Creation ofAdditional Positions. (Resolutions and Ordinance)

32 Execution of Memorandum of Understanding with theCity of Oakland Regarding Traffic-Related Impacts.(Resolution)

33 Supplemental Agreement with DuDell & Associates,Inc. (Resolution)

34 Amendment to Contract for Executive SearchServices. (Resolution)

35S Approval of Consultant Agreement with Anderson &Associates to Provide for Salary Surveys forCertain Unrepresented Groups. (Resolution)

36S Approval of Second Supplemental Agreement withIEDA. (Resolution)

CLOSED SESSION


Vote on the following Resolutions:Ayes: Commissioners Cole, Harris, Kramer, Lockhart,

Loh, Taylor and President Ortiz - 7Noes: NoneAbsent: None

RESOLUTIONS:

97359 1 APPROVING AND AUTHORIZING EXECUTION OF AMENDMENTTO FUNDING AGREEMENT AND IMPLEMENTATION AGREEMENTWITH THE ALAMEDA COUNTY TRANSPORTATION AUTHORITYFOR THE AIRPORT ROADWAY PROJECT. (Airport - 1)

3


97360 2 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH AIRPORT & AVIATION PROFESSIONALS, INC.CONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Airport - 2)

97361 3 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO EXTEND RIGHT-OF-ENTRY AND INDEMNITYAGREEMENT WITH UNITED PARCEL SERVICE, INC.(Airport - 3S)

97362 4 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH BAYAVIONICS, INC. (Airport - 4S)

97363 5 AWARDING CONTRACT TO CAL INC., FOR REPLACEMENT OFFUEL STORAGE TANK MF-11 AT BUILDING M-104, SOUTHFIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS. (Airport - 5S)

97364 6 AUTHORIZING SUBMISSION OF A GRANT APPLICATION TOTHE STATE OF CALIFORNIA, DEPARTMENT OFTRANSPORTATION FOR FUNDS FOR THE ENVIRONMENTALENHANCEMENT AND MITIGATION PROGRAM TO FUND THEACQUISITION OF PRIVATE LAND ON DENNISON STREET.(Commercial Real Estate - 12)

97365 7 FINDING AND DETERMINING THAT A PROPOSED SECONDSUPPLEMENTAL AGREEMENT WITH HARZA CONSULTINGENGINEERS AND SCIENTISTS FOR ENVIRONMENTALCONSULTING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID SUPPLEMENTALAGREEMENT. (Maritime - 22)



97368 10 AMENDING PORT RESOLUTION NO. 97336 CONCERNINGCERTAIN APPOINTMENTS. (Operations - 31)

97369 11 APPROVING JOB SPECIFICATIONS FOR THE POSITIONS OFaqqnri-73.T7 PORT ENVIRONMENTAL SCIENTI ST, ASSISTANTPORT ENVIRONMENTAL SCIENTIST, PORT ENVIRONMENTALASSESSMENT SUPERVISOR AND PROPERTIES ASSISTANT.(Operations - 31)

97370 12 APPROVING AND AUTHORIZING EXECUTION OF AMEMORANDUM OF UNDERSTANDING REGARDING TRAFFICRELATED IMPACTS. (Operations - 32)

4


97371 13 FINDING AND DETERMINING THAT A PROPOSED FIRSTSUPPLEMENTAL AGREEMENT WITH DUDELL & ASSOCIATES,INC. FOR CONSULTING SERVICES CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAIDSUPPLEMENTAL AGREEMENT. (Operations - 33)

97372 14 FINDING AND DETERMINING THAT A PROPOSED FIRSTSUPPLEMENTAL AGREEMENT WITH MANAGEMENT SOLUTIONS,INC. FOR EXECUTIVE SEARCH SERVICES CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAIDSUPPLEMENTAL AGREEMENT. (Operations - 34)

97373 15 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH RALPH ANDERSON AND ASSOCIATES FOR CONSULTINGSERVICES CONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Operations - 35S)

97374 16 FINDING AND DETERMINING THAT A PROPOSED SECONDSUPPLEMENTAL AGREEMENT WITH INDUSTRIAL EMPLOYERSAND DISTRIBUTORS ASSOCIATION CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF SAIDSUPPLEMENTAL AGREEMENT. (Operations - 36S)

97375 17 APPOINTING RAYMOND BOYLE TO THE POSITION OFDIRECTOR OF MARITIME. (Resolution Only)

Vote on the following Ordinances:Ayes: Commissioners Cole, Harris, Kramer, Lockhart,

Loh, Taylor and President Ortiz - 7Noes: NoneAbsent: None

ORDINANCES:


APPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH PACIFIC FM, INC."

Final.


AMENDING PORT ORDINANCE NO. 867 AMENDING SECTIONS5.0199 AND 7.023 ADDING ADDITIONAL POSITIONSWITHIN EXISTING PORT CLASSIFICATIONS AND ADDINGSECTION 10.008 AND 10.0285 CREATING NEWPOSITIONS."

Final.

5


3

Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 11.0064 OF PORT ORDINANCE NO. 867ADDING AN ADDITIONAL POSITION OF SENIOR MANAGEMENTASSISTANT - MARINE COMMERCIAL REPRESENTATIVE V-A."


APPEARANCES:

ADJOURNMENT: Next regular meeting, TnpriAy ; npr-prohy. 1 6 , 1997;at 2:00 p.m., City Council Chambers.

6

I

)ARD ACTION REQUIRED:

MOTION

RESOLUTION

ORDINANCE

INFORMATION ONI Y



Amendment of Funding and Implementation AgreementsWith Alameda County Transportation Authority(ACTA) for Airport Roadway Project, MOIA

L.113MITTED BY: Joseph K. Wong 6\")

XECUTIVE OFFICE RECOMMENDATIO .

December 2, 1997Date•

Item No 1

PROGRAM AREA



Maritime Operations

Overall Operations

ACTUAL BACKGROUND:-

The Airport Roadway Project is a County Measure B tax funded project to build anarterial roadway from 1-880 at 98th Avenue to the Metropolitan Oakland International Airportand through the Airport to Bay Farm Island, Alameda. On May 7, 1996, the Board passedResolution No. 96137, approving and authorizing execution of three related agreements for theAirport Roadway Project: (1) A "Measure B Funding Agreement" with the Alameda CountyTransportation Authority ("ACTA"), the City of Oakland and the City of Alameda; (2) A"Measure B Implementation Agreement" with ACTA; and (3) an agreement with ACTA that theagreed-upon appraised value of the Port's Contributed Property for the Airport Roadway Projectis $9.5 million, subject to adjustment to account for substantial design changes.

Subsequent to all parties executing these agreements, the Port and the Federal AviationAdministration ("FAA") released a Draft EIS/EIR for the Airport Development Program. TheAirport Roadway Project is included in the Draft EIS/EIR. Also, Phase I and Phase IIenvironmental contamination investigation of property to be acquired for the Airport RoadwayProject and substantial design work on the project has been completed. The Funding Agreementand Implementation Agreement currently provide that they terminate if all DevelopmentApprovals are not obtained by December 31, 1997, including approvals by the Port, ACTA,Oakland, Alameda and the FAA.

The Board is scheduled to consider approval of the Airport Roadway Project at itsDecember 16, 1997, meeting, after the Board considers certification of the Airport DevelopmentProgram EIR. ACTA, Oakland and Alameda are expected to consider approval of the AirportRoadway Project thereafter. FAA's action on the Airport Roadway Project is not expected untilthe summer or fall of 1998, after the final EIS on the Airport Development Program iscompleted.

As a result of events since the Measure B Funding Agreement and ImplementationAgreement were executed by the parties, the following major amendments have been proposed tothe agreements:

1. The project cost estimate increased from $81.71 million to $107 million, due tocost escalation and safety, engineering concerns and mitigation measures identified in theenvironmental review process. After intensive value engineering efforts, design revisions havereduced the cost estimate to $97.5 million, a $15.79 million increase over the 1996 cost estimate.Under the original Funding Agreement, each party's respective share of eligible project costs is:

ACTA 79.1%, Port 13.11%, Alameda 7.39% and Oakland 0.31%. Under the proposedamendment to the Funding Agreement, the parties would share the first $11.225 million ofincreased cost according to the same percentage allocation, but the next three levels of increasedcosts would be shared as follows:


December 2, 1997

Next Port Oakland Alameda ACTA

-$1,327,000 63% 1.5% 35.5% 0%

•$1,938,000 97.6% 2.38% 0% 0%

•$1,300,000 100% 0% 0% 0%

Under the new project cost estimate of $97.5 million, the Port's total dollar share would beincreased by $5.59 million from $10.72 million to $16.21 million. Originally, the Port's $10.72million share was to be provided by contributing $9.5 million in property and $1.22 million inservices or cash. Under the new proposal the Port's increased $16.21 million share would beprovided by contributing $11.5 million in property and $4.71 million in services or cash.

2. The Hazardous Materials Budget, for remediation of property to be acquired fromthird parties and for remediation of existing dedicated roadways, is proposed to be reduced from$7.7 million to $3 million based on the results of the Phase I and Phase II investigations. Eachparty is responsible by itself for any remediation that may be required on land, other thanexisting dedicated roadways, the party already owns and would contribute for the project. ThePort would also be responsible for any post-project completion treatment of contaminatedgroundwater required to be pumped to operate the new Airport Roadway underpass at DoolittleDrive.

3. By executing the proposed amendment to the Funding Agreement, the partieswould commit to their respective shares of costs after January 1, 1998, for completing the designwork for the project and preacquisition work for acquiring third party property (collectivelycalled "Pre-Construction Soft Costs"), at a total project cost not to exceed $3 million. Under theexisting Funding Agreement, ACTA has advanced all design work costs, and the Port, Alamedaand Oakland are not required to share in those costs unless all Development Approvals areobtained for the project. Under the proposed amendment to the Funding Agreement, whileACTA would advance the Pre-Construction Soft Costs prior to obtaining all DevelopmentApprovals for the project, if the Funding Agreement terminates, each party would still beresponsible to reimburse ACTA its share of the these Pre-Construction Soft Costs. The Port'sshare of the $3 million of Pre-Construction Soft Costs would be approximately $400,000.

4. Under the proposed amendment, the Funding Agreement and ImplementationAgreement will automatically terminate if all Development Approvals are not obtained by March1, 1999. That date is tailored to the requirement under state law that the approximately $12million of ACTA's share of costs, which is funded under the State Local TransportationPartnership Program, cannot be funded unless all project contracts are awarded by June 30, 1999.

5. Under the proposed amendment to the Funding Agreement, ACTA, Alameda andOakland each are required to act on approving the Airport Roadway Project, and the Port,Alameda and Oakland each are required to act on committing to its respective share of total

2

14569


December 2, 1997

project costs, within 60 days after the Port certifies the EIR and files a Notice of Determinationon the Project. Alameda's approval would be in the form of a determination by the AlamedaCity Council that the project will have "net benefits" to Alameda. The 60 days would be tolledduring any period of time that a legal proceeding is pending that attacks the adequacy of the EIRwith respect to the Airport Roadway Project. Any such tolling would not relieve any party of itscommitment to or obligation to pay its share of Pre-Construction Soft Costs. Also, even if the60-day period should be tolled, if for any reason a party fails to approve the project or commit toits full share of all Project costs during the 60 days after the Port's Notice of Determination isfiled, then any party may elect, before all other parties have approved the project, to terminate theagreement on 45-days notice.

RECOMMENDATION:

It is recommended that the Board approve and authorize the execution of an amendmentto the Measure B Funding Agreement and the Measure B Implementation Agreement, togetherwith related agreements with the various parties, consistent with the proposals described above.

3

14569


Agenda SheetSUBJECT: Authorization to Prepare and Execute an Agreement

With Airport & Aviation Professionals, Inc. as AirlineLiaison on the Airport Terminal Expansion Program

SUBMITTED BY: Steven Grossman Sa

EXECUTIVE OFFICE RECOrMEPATION:

Date: December 2, 1997

Item No. 2

PROGRAM AREA





FACTUAL BACKGROUND:

The program to develop an expanded two-level terminal, six-level garage, and twelve new boarding gates at theMetropolitan Oakland International Airport will require extensive coordination with the airlines. Airline operations will beeffected from curb to gate. The rates and charges they will pay to operate from the new facility will be adjusted upwards tohelp pay for portions of the project. Needless to say, they have a strong interest in the facilities to be constructed as well asthe cost and phasing of the project.

On projects of this size, coordination with the airlines is an extraordinary challenge. The project is incredibly complicated;there are too many airlines to give equal time to each and every one; airlines frequently do not get along amongstthemselves; and representatives with the authority to agree and approve are generally out of town, very busy, and hard toreach. Inevitably, one or more of the airlines is left out and consensus and cooperation is next to impossible to achieve.

The airlines, having recognized this situation, have requested that the Port set up an airlines liaison office to facilitate theAirport Terminal Expansion Program. An office with similar functions exists at SFO. This office is staffed by a consultantselected by the airlines, acceptable to the airport, and paid for as a project cost. This system of facilitating liaisonservices is proving to be both operationally and cost effective on the SFO project.

The consultant's function is to coordinate and facilitate criteria setting, reviews of submittals, and consensus among theairlines throughout the project. Much of the coordination will be to minimize ongoing construction impacts and to assurethat no airline is left out in the communications. The role is labor intensive as the consultant will be doing much of theairlines' reviews of drawings and submittals. The consultant will be the port's one point of contact with the airlines onexpansion issues.

In order for the Port to control the costs of the airline liaison consultant, the consultant's contract is with the Port. Theconsultant has been selected by the airlines as someone the airlines trust, and their ability to fulfill the liaison functionshave been verified by the Port. The firm which the airlines have selected is Airport & Aviation Professionals, Inc.(AvAirPros).

AvAirPros is also the liaison consultant on the SFO project. This is important as the airlines representatives are thesame for both projects and thus, AvAirPros has already established communications and a format for the liaisonrelationship. AvAirPros's proposal was reviewed by a committee of Port personnel from the Engineering and Aviationdivisions and the airlines' technical committee. Their proposed scope of work was found to be appropriate and their feereasonable for the services required. AvAirPros has committed to hire an intern(s) from Oakland. In addition, it ispossible that the airlines may ask the airlines liaison office to perform additional functions such as detailed reviews ofdesign documents or cost estimates. As these services are needed, AvAirPros will hire LIA firms as available to performsaid functions. They will have full time staff at Oakland starting in January, 1998, and will be able to add an intern at thattime.


• MOTION

RESOLUTION

El ORDINANCE

U FOR INFORMATION ONLY .9‘2''-1"'" [ANT SECRETARY OF THE BOARD

Authorization to Prepare and Execute an AgreementWith Airport & Aviation Professionals, Inc. as AirlineLiaison on the airport Terminal Expansion ProgramPage 2December 2, 1997

AvAirPros is not an Oakland firm. They have had a San Francisco office for four years, and an Oakland office here atthe airport which we provide. Port staff have met with AvAirPros and have developed an agreed upon scope of work forthe first phase of the program and a cost estimate for these services. AvAirPros's services will be required for theduration of the terminal expansion program. However, it is proposed that the scope of services be limited to the firstphase of the terminal expansion program in order to verify that the scope of work and cost estimate are appropriate.AvAirPros will be paid at their standard billing rates and actual expenses with a maximum compensation of threehundred seventy-five thousand dollars ($375,000.00). It is also proposed that the Executive Director be authorized toapprove up to an additional ninety-five thousand dollars ($95,000.00) for potential changes in scope. The initial durationof the contract will be from July 1, 1997 until December 31, 1998.

The work is covered by CIP Element A2.00800.01.

RECOMMENDATION:



2. Authorize the preparation of an agreement with Airport & Aviation Professionals, Inc., to provide the abovedescribed services for the Airline Liaison on the Airport Terminal Expansion Program up to an amount not to exceedthree hundred seventy-five thousand dollars ($375,000.00); and,

3. Authorize the Executive Director to approve additional work in an amount not to exceed ninety-five thousand dollars($95,000.00) for potential changes in scope.

DEC - 2 7997BOARD ACTION REQUIRED:

El MOTION

RESOLUTION

ORDINANCE

D INFORMATION ONLY Assn-ANT SECRETARY OF THE BOARD


Agenda SheetSUBJECT: Application to the State of California, Department of

Transportation, Environmental EnhancementMitigation, for Grant to Fund Acquisition of PrivateLand at Dennison Street.

SUBMITTED BY: Joyce WashingtonEXECUTIVE OFFICE RECOMMENDATION:

Date: December 2, 1997Item No. 12

PROGRAM AREA

Airport Operations


1:1 Maritime Operations


FACTUAL BACKGROUND:

The Trust for Public Land (TPL) and the Spanish Speaking Unity Council, have asked that the Port takea lead role in a joint application with the City of Oakland for a grant for $300,000. The grant funding forthe program would be provided by Caltrans through its Environmental Enhancement Mitigation Program(EEMP) under the Roadside Recreation category. The grant funds would be used to acquire someprivate property which is part of the former Cryer Boatyard on Dennison Street; the Port already owns theportion of the property which fronts on the water (as shown on the attached plan). Acquisition of theprivate portion of the site would simplify some of the issues associated with the property, including andthe issue of the leasing of the property since the building on the site encroaches on Port land. If theproperty could be acquired, the remediation funding justification would be that the site be developed asan open space which Caltrans could use to offset some mitigation requirements for some of theearthquake work the agency is doing on the 1-880 Corridor,

TPL has agreed to do all the administrative tasks necessary to apply for this funding source. The City ofOakland's Office of Parks, Recreation and Cultural Service (PRCS) will also be a cosigner on the grantapplication. As part of this process, the City Council would pass similar resolution supporting the grantapplication in early December. While the Port and the City, with TPL's assistance, will make applicationfor the funding, there is no guarantee that the funding is assured and no requirement that the funds beaccepted.

Recommendation

It is proposed that a resolution be passed authorizing the application to Caltrans for an EnvironmentalEnhancement Mitigation Program grant for funding for the purpose of acquiring property as indicatedabove.

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El Commercial Real EstateSUBMITTED BY: Joseph K. Wong •6-v...)EXECUTIVE OFFICE RECOMMENDATION:


-971' :MEST3V4e'l..:4‘

-2 6 DEC - 2 1997BOARD ACTION REQUIRED: APP13


Agenda SheetSUBJECT: Approval of Supplemental Agreement with Harza Engineering

Company of California for the Galbraith Dredged MaterialFacility Groundwater and Air Quality

PROGRAM AREA

Date: Per:Pmher 7 , '199722 Item No.

FACTUAL BACKGROUND:

The San Francisco Regional Water Quality Control Board (RWQCB) issued Order 94-131 to the Port ofOakland on September 30, 1994. This order authorized the placement of dredged material from theOakland Harbor -42' Deepening into the Galbraith Dredged Material Facility constructed at the formerGalbraith Golf Course. The RWQCB authorization includes conditions for submitting preliminary plansand baseline data, monitoring the facility's operations and ambient environment, and contingencyplanning for any damage to the facility or other unforeseen incidents.

Based on the terms of the RWQCB's Order, on October 17, 1995, the Port executed an Agreement withHarza Engineering Company of California (Harza) to assist in the development of plans and baselinedata, to monitor the operations at the facility, and to report the monitoring results during the delivery,decant, and drying phases of the project. Under this agreement. Harza also performed environmentaland geotechnical monitoring of the site, such as ground water quality testing and air quality monitoring.The maximum contract amount with Harza was $350,156 with an additional $90,000 in contingency fundsapprovable by the Executive Director. To date, $46,500 of the $90,000 contingency funds availableunder the original agreement have been authorized by the Executive Director.

After the agreement was executed, the RWQCB expanded its interpretation of the conditions of Order 94-131 and required the Port to perform a Tidal Influence Study, Groundwater Electrical Conductivity Study,development and monitoring of piezometer wells, and additional ground water sampling. This work wasnot scoped as part of the original contract between the Port and Harza. On January 23, 1996, the Boardof Port Commissioners approved a First Supplemental Agreement with Harza for this additional workrequested by the RWQCB. The First Supplemental Agreement maximum authorized payment is$149,100 with $30,000 in contingency funds approvable by the Executive Director. None of the $30,000contingency funds available under the first supplemental agreement have been used.

Under the original schedule for the Galbraith portion of the Oakland Harbor -42' Deepening, the deliveryof dredge material to the Galbraith site, and therefore the monitoring of the site, should be complete bynow. However, Dutra Dredging Company has delayed the delivery of dredge material to Galbraith, andnegotiations between Dutra and the Corps of Engineers regarding completion of the work have delayedthe project schedule. The Port now anticipates that the delivery of dredge material to Galbraith will becomplete in early 1998. The Port has paid Harza $491,522 for professional consultant services to date.

El MOTION

RESOLUTION

0 ORDINANCE

0 INFORMATION ONLY

DescriptionOriginal AgreementContingency Funds approvable by ExecutiveDirector

Date Authorized ($) Proposed ($) 10/17/95 350,156

90,000

1st Supplemental Agreement 1/23/96 149,100Contingency Funds approvable by Executive 30,000Director

'Total ciatrently:Aptliorized: 619,256:

2nd Supplemental Agreement 160,000

Approval of Supplemental Agreement with Page 2Harza Engineering Company of California for the December 2, 1997Galbraith Dredged Material Facility Groundwater and Air Quality

A Second Supplemental Agreement with Harza is required to increase the compensation under thecontract so that Harza can continue the environmental and geotechnical monitoring required by theRWQCB from now through the anticipated closure of the Galbraith site in September of 1998. Thissupplemental agreement would be for a maximum amount of $160,000. This will increase the totalmaximum authorized amount to $779,256.

SUMMARY OF COSTS

RECOMMENDATION:

It is recommended that the Board authorize the preparation and execution of a Second SupplementalAgreement with Harza in accordance with the provisions described above.

I 1Airport Operations


Maritime Operations

Overall OperationsSUBMITTED BY: Frederick R. Ferrin

EXECUTIVE OFFICE RECOMMENDATIO •

DEC - 2 1997

BOARD T ON TAKENj

Assiarkar SECRETARY OF THE BOARD

Board o ..)rt Commissiol.ers - PORT OF .KLAND

Agenda SheetSUBJECT: Approval of Supplemental Agreement

with Harza Engineering Company of Californiafor the Galbraith Dredged MaterialFacility Groundwater and Air Quality

Date' January 33,1S95

Item No 23

PROGRAM AREA

FACTUAL BACKGROUND:

The San Francisco Regional Water Quality Control Board (RWQCB) issued Order 94-131 to the Port onSeptember 30, 1994. This Order authorized the placement of dredged material from the Oakland Harbordeepening into the Galbraith Dredged Material Facility constructed at the former Galbraith Golf Course. TheRVVQCB authorization includes conditions for submitting preliminary plans and baseline data, monitoring thefacility's operations, including groundwater quality testing, and contingency planning for any damage to thefacility or other incidents.

Based on terms of RVVQCB's Order, the Port executed an Agreement with Harza Engineering Company ofCalifornia (Harza) to assist with developing plans and baseline data, to monitor the operations, and to reportthe monitoring results during the delivery, decant, and d rying phases of the project. The Order containsadditional requirements to perform monitoring of the site for environmental and geotechnical quality. Themaximum contract amount with Harza is $350,156, with an additional $90,000 for additional work that can beapproved by the Executive Director.

Recently, RVVQCB staff expanded its interpretation of the conditions contained in Order 94-131. As a result,the Port must perform additional work such as a Tidal Influence Study, Groundwater Electrical ConductivityStudy, development of piezometer wells, and a whole array of environmental data collection. Port staff hasnegotiated a time and materials cost with Harza not to exceed $149,100 to accomplish the additional workrequired by the RWQCB not previously scoped as part of the original contract between the Port and Harza.It is also desirable to increase the Executive Director's authorization to approve additional work from $90,000to $120.000. With these changes, the authorized maximum payment would be $499,256, and the ExecutiveDirector would be authorized to increase the maximum possible payment to $619,256.

The capital budget for Fiscal Year 1996 provides for this work under CIP No. MA.02870.01.

RECOMMENDATION

It is recommended that the Board approve the preparation and execution of a supplemental agreement withHarza Engineering Company of California to include additional environmental monitoring and reporting for theGalbraith Dredged Material Facility, including $90,000 contingency for and to increase the Executive Director'sabthority to approve additional work from $90,000 to $120,000, thereby allowing a maximum possible paymentof $619,256.


MOTIONX I RESOLUTION

I I ORDINANCE

1 INFORMATION ONLY

Board of Port Commissioners-PORT OF OAKLAND


- Appointments- Amendment of Appointment Date- Creation of Additional Positions- Revision of Job Specifi ions

SUBMITTED BY: ilbe Apodac.

EXECUTIVE OFFI E RECOMMENDA I . Charles W. Foster


Item No. 31

PROGRAM AREA

Airport Operations

D Commercial Real Estate

D Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

APPOINTMENTS—Resolution (1 Reading)

It is requested that the Board approve/ratify the following appointments at the salaries and on the datesindicated:

AVIATION

Conrad() NI. Perdiouerra, Aviation Public Works S pecialist (Rea. Unit F. IBEW). Aviation Division.$5,071/month, rate "b"--The appointment of Conrado M. Perdiguerra to' the Civil Service position ofAviation Public Works Specialist at Salary rate "b," $4,947/month, effective Monday. December 8,1997, accommodates the recommendation of a desk audit to reclassify a Senior Engineering Assistantposition and redesignate the incumbent. Mr. Perdiguerra's current salary is $4,629/month. Theproposed salary is $5,017/month, a $388/month (8.4%) increase.

Thora Tan, Airport Terminal Maintenance Coordinator (Rep. Unit B. L790), Aviation Division,$4.328/month, rate "b"--The appointment of Thora Tan to the Civil Service position of Airport TerminalMaintenance Coordinator at Salary rate "b," $4,328/month, effective Monday, December 8, 1997,accommodates the recommendation of a desk audit to reclassify an Engineering Assistant position andredesignate the incumbent. Mr. Tan's current salary is $4,000/month. The proposed salary is$$4,328/month, a $328/month (8.2%) increase.


GayIa J. Hays-Sanchez. Commercial Representative III-B (Rep, Unit D. Unrepresented). CRE Division.$4.840/month. rate "b"--The appointment of Gayle J. Hays-Sanchez to the position of CommercialRepresentative III (Exempt from Civil Service) at Salary rate "b," $4,840/month, effective Monday,December 8, 1997, accommodates the promotion of an individual from a Commercial Representative II-A position that was approved in the FY 97-98 budget. Ms. Hays-Sanchez's current salary is$4,484/month. The proposed salary is $4,840/month, a $356/month (7.9%) increase.

PORT ATTORNEY'S OFFICE

Ro_bert C. Martinez. Deputy Port Attorne y III (Reo. Unit E. Management), Port Attorney's Office.$7882/month within Salary Grade 13—The appointment of Robert C. Martinez to the position of DeputyPort Attorney Ill (Exempt from Civil Service) at the salary rate of $7,882/month within Salary Grade 13effective Monday, December 8, 1997, accommodates the promotion of an individual from a DeputyPort Attorney II position that was approved in the FY 97-98 budget. Mr. Martinez's current salary is$7,231/month. The proposed salary is $7,882/month, a $651/month (9%) increase.

itE,P , m6,g')/. ? DEC 2 1997



MOTION

I=1 RESOLUTION

El ORDINANCE

INFORMATION ONLY


CATEGORY

5 5 0 13 0 23BACKFILLMEDICAL BACKFILL 2 1 0 2 0 0 5WORKER'S COMP 1 1 0 0 0 0 2BACKFILL* CIP 0 0 10 8 0 0 18* SPECIAL PROJECT 2 3 0 6 0 0 11

TOTALS 10 10 10 29 0 0 59

AGENDA SHEET, PERSONNEL ITEMS--DECEMBER 2 1997

OFFICE OF STRATEGIC AND POLICY PLANNING

Steven M. Gregory, Senior Port Strategic Planner (Reo. Unit D., Unrepresented). Office of S&PP.$5.817/month. rate "c"--The appointment of Steven M. Gregory to the Civil Service position of SeniorPort Strategic Planner at Salary rate "c," $5,817/month, effective Monday, December 8, 1997,accommodates the promotion of an individual from an Associate Port Strategic Planner position thatwas approved in the FY 97-98 budget. Mr. Gregory's current salary is $5,491/month. The proposedsalary is $5,817/month, a $326/month (5.9%) increase.

AMENDMENT OF APPOINTMENT DATE--Resolution (1 Reading)

It is requested that the Board approve the amendment of appointment date for Sam Li, Port SeniorProgrammer/Analyst, from November 24, 1997, to December 8, 1997.

CREATION OF ADDITIONAL POSITION–Ordinance (2 Readings)

One Additional Position of Senior !Management Assistant–Marine Commercial Representative V-A (Rep. Unit D. Unrepresented)–Creation of an additional position will accommodate the proposedreclassification and of a Strategic Marketing Supervisor--Marine Commercial Representative V positionand redesignation of the incumbent.

REVISION OF JOB SPECIFICATIONS--Resolution (1 Reading)

It is requested that the Board approve the revision of job specifications for the classifications ofAssociate Port Environmental Scientist, Assistant Port Environmental Scientist, Port EnvironmentalAssessment Supervisor, and Properties Assistant.




Full-Time Employees 612.00 FTE 545.00 FTE

534.00 FTE 540.00 FTEPart-Time Employees 2.13 FTE 3.00 FTE

2.50 FTE 2.40 FTE

Relief Telephone Operators 2.98 FTE

3.00 FTE 3.00 FTERelief Airport Custodians (PIT) 11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTERelief Airport Custodians 0.00 FTE

0.00 FTE 0.00 FTE

(Intermittent, P/T)TOTAL 625.35 FTE 560.98 FTE 547.50 FTE 553.40 FTE


*" Count increase due to six new appointments.



Page 2

CATEGORY

10/1/97 10/21/97 11/7/97 11/20/97BACKFILL

27 29 27 23MEDICAL BACKFILL 4 5 4 5WORKER'S COMP 3 2 2 2BACKFILL

18 18 18 18* CIP

TOTALS 63 63 62 59* SPECIAL PROJECTS

AGENDA SHEET, PERSONNEL ITEMS–DECEMBER 2 1997

COMPARISON OF TEMPORARY AGENCY WORKER COUNT WITH PREVIOUS COUNTS

RECOMMENDATION

it is recommended that the Board of Port - Commissioners approve the preceding appointments,amendment of appointment date, creation of additional position, and revision of job specifications.

Page 3

-417

90DEC - 2 1997BOARD ACTION REQUIRED: C9F.F.,074

qMOTION

z RESOLUTION

q ORDINANCE

0 INFORMATION ONLY



SUBJECT: Execution of Memorandum of Understanding Date:with the City of Oakland Regarding Item No.Traffic-Related Impacts

December 2, 199732

PROGRAM AREAn Airport Operations

Commercial Real EstateSUBMITTED BY: Joseph K. Wong n Maritime OperationsEXECUTIVE OFFICE RECOMMENDATION: [21 Overall Operations

FACTUAL BACKGROUND:

On December 2, 1996, the Board of Port Commissioners passed Resolution No. 96406, and on January 14, 1997, the cityCouncil adopted Resolution 73206; these resolutions directed Port staff and City staff to work together to develop aMemorandum of Understanding (MOU) or other appropriate form of agreement to provide consistent criteria for theanalysis and evaluation of traffic-related impacts on traffic infrastructure resulting from either Port-approved or City-approved projects. Recognizing that both Port and City development projects depend upon the same network of streetsand highways, the Board and the City Council directed staff to establish mutually agreeable and equitable methodologiesto address potential traffic-related impacts of development projects; identify mitigation measures that could reduce or avoidsuch impacts; and allocate responsibilities for implementing mitigation measures.

In February 1997, the City and Port established a working group of City and Port staff which produced the proposedMemorandum of Understanding. In summary, the proposed MOU calls on Port and City staff to take the following actions.

1. Communication and Coordination: Staff shall jointly establish a communication forum that meets on an "asneeded" basis to:

• discuss proposed development projects that could generate traffic-related impacts of mutual concern, and explorepotential associated mitigation measures;

• exchange current lists of development projects proposed within each agency's jurisdiction;• exchange current lists of each agency's Capital Improvement Projects, and identify opportunities for cooperation

on transportation infrastructure improvements and grant applications.

2. Traffic Analysis Scope of Work: Before proceeding with a project-related traffic analysis under CEQA, Lead Agencystaff (City or Port) shall notify appropriate staff of the other agency and forward a draft of the proposed traffic analysisscope of work for review and comment. If there are any substantive concerns, staff of both agencies shallcooperatively strive to reach agreement on the scope of work (including study area boundaries, focus areas such asresidential neighborhoods, methodology, and time horizon for analyzing traffic-related impacts).

3. Identification of Potential Traffic-Related Impacts and Definition of Preliminary Mitigation Measures: LeadAgency staff shall present traffic analysis findings and proposed mitigation measures to staff of the other agency, andboth parties shall seek to resolve issues before the reviewing agency provides comments that will be incorporated intothe Lead Agency's environmental documentation.

4. CMA Deficiency Plan Cost Sharing: In the event that the Alameda Congestion Management Agency requires theCity of Oakland to prepare a deficiency plan, the Port shall provide a fair share financial contribution, to be determinedon the basis of a variety of factors, and shall have an opportunity to participate in preparation of the plan.

The execution of the MOU will have no apparent direct fiscal impact. However, staff resources may need to be redirectedor increased to proceed with the proposed actions included in the MOU.

RECOMMENDATION:

It is recommended that the Board of Port Commissioners pass a resolution authorizin he Executive Director to executethe Memorandum of Understanaing.

SUBJECT: Supplemental Agreement withDuDell and Associates, Inc.

Date: December 2, 1996Item No. 33


°MOTIONRESOLUTION

°ORDINANCE°INFORMATION ONLY

APPZMWP 7NrY

..„..77/

BOA ACTION TA N DATE

DEC - 2 1997

SECRETARY OF THE BO -


Agenda Sheet

PROGRAM AREA

SUBMITTED BY: Harold Jone „ mental Affairs SpecialistDAirport OperationsOCommercial Real Estate

EXECUTIVE OFFICE RECOMME sATION .

OMaritime OperationsZOverall Operations

FACTUAL BACKGROUND:

It was determined at the October 7, 1997 Board meeting that DuDell & Associates, Inc. along withCommunity Assessment Research & Evaluation, Inc. would, on behalf of the Port, develop andimplement a proactive communications and community relations strategy to educate and influencethe public, opinion leaders, elected officials, community groups. Port tenants, and local businessesrelative to the then proposed Pan Pacific Expo 2002, reuse of the Oakland Army Base, maritimeexpansion, and the BART-Oakland Airport Connector project.

The original recommendation was that the Board authorize a six-month contract with DuDell &Associates, Inc. for an amount of $233,000. In an effort to address the immediacy of these efforts,the Board approved an amount of $100,000 to begin the initial phase of these efforts. The initialactivities proposed are well underway and have proven beneficial and useful. In order to achieve theobjectives, however, it is imperative that these activities continue to insure ongoing focus andresults.

It is requested that staff be given authority to now approve payment of the remaining portion of theoriginally proposed contract amount ($133,000) with the same terms and conditions as originallyapproved.

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to enter into a First SupplementalAgreement with DuDell & Associates, Inc. for the balance of the amount originally requested($133,000).


Agenda SheetSUBJECT: AMENDMENT TO CONTRACT FOR Date• December 2, 1997

EXECUTIVE SEARCH SERVICESItem No. 34

PROGRAM AREA

Airport OperationsSUBMITTED BY: CHARLES FOSTER Commercial Real EstateEXECUTIVE OFFICE RECC7IMENDAT ON: Maritime Operations


On August 5, 1997, the Board authorized staff to execute a contract withMontgomery West to conduct an executive search for the Director of CorporateCommunications. This search is nearing completion, and Montgomery West didan outstanding job of identifying an excellent pool of candidates for theCorporate Communications position.

Montgomery West is a San Francisco based company that specializes inrecruitment and placement of director/vice president level professionals for boththe corporate and public sector. Agencies employing the services ofMontgomery West include the Clorox Company, Levi Strauss & Co.,Transamerica, Merck Pharmaceuticals, BART, San Jose State University andUnited Way. Montgomery West brings to its clients indepth experience as anexecutive search firm and has at its disposal direct access to several data basesfor candidates.

It is recommended that the Board authorize the preparation and execution of theagreement with Montgomery West, also known as Management Solutions, toprovide services for the search for the position of Chief Financial Officer with afee schedule not to exceed $27,000, inlcuding incidental expenses.


n MOTION

RESOLUTION

n ORDINANCE

n INFORMATION ONLY

2BV 47

""/?----DEC 2 1997X4, 0

BOARD AC ON TAKEN DATE1 j

'TSECRETARY OF THE BOARD

Date: December 1997

Item No.

PROGRAM AREA

;UE3MITTED BY: Christopher C_ Marshall

CCXECUTIVE OFFICE RECOMMENDATION:

Airport Operations



Overall Operations


UBJECT:

Agenda SheetCLOSED SESSION

ACTUAL BACKGROUND:


City of Oakland v. Pacific Gas & Electric Company, U.S. District Court CaseNo. C-97-00894-SBA

CONFERENCE WITH I FC,AI COUNSEL - ANTIcAPAT Fn I !Tr-ATIni\i.

Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:One case.

PUBLIC EMPLOYEE DISCIPLINEJDISMISSAURELEASE.

DARD ACTION REQUIRED:

MOT1ON

BOARD ACTION TAKEN

DATE

RESOLUTION

ORDINANCE

INFORMATInri r)t./1_Y

c-;.-flflFTP.F)\-' nr -T1- 7 nr-,/..t:;)

SUMMARY AGENDA OF BOARD CALENDARDecember 2, 1997

AIRPORT

3S Approval of an Agreement to Extend Right-of-Entryand Indemnity Agreement with United ParcelService, Inc. (Air Cargo Road - public/non-publicroadway, South Airport). (Resolution)

Recommends approval of the agreement to covertheir use of the site during the peak season.

4S Approval of New License and Concession Agreementwith Bay Avionics, Inc. (8991 Earhart Road, NorthAirport). (Resolution)

Recommends approval to renew their agreement forspace on the North Airport.

5S Award of Contract to Replacement of Fuel StorageTank MF-11 at Building M-104, South Airport, MOIA.(Resolution)



MARITIME



OPERATIONS

35S Approval of Consultant Agreement with Anderson &Associates to Provide for Salary Surveys forCertain Unrepresented Groups. (Resolution)

Recommends approval to enter into an agreementwith the firm for salary surveys.

36S Approval of Second Supplemental Agareement withIEDA. (Resolution)

Recommends approval of the supplemental agreementto cover the remaining work through 1997.

Summary Agenda of Board CalendarDecember 2, 1997Page 2

ORDINANCES:

Port Ordinance No. 3402 being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH PACIFIC FM, INC."

Provides for approving a lease with Pacific FM,Inc.

Port Ordinance No. 3403 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867 AMENDING SECTIONS5.0199 AND 7.023 ADDING ADDITIONAL POSITIONSWITHIN EXISTING PORT CLASSIFICATIONS AND ADDINGSECTION 10.008 AND 10.0285 CREATING NEWPOSITIONS."

Provides for adding additional psotions withinPort classifications and creating new positions.

I MOTION

RESOLUTION

X| ORDINANCE

1 INFORMATION ONLY SECRETARY OF THE BOARD



Agenda SheetSUBJECT: Ten Year Lease Agreement with

Pacific FM, Inc. for Radio Station KDIA

p4f-g vg

F.)

SUBMITTED BY: Raymond A. Boyle eiz fyr-s r‘t FOtt

111

aa,EXECUTIVE OFFICE RECOMMENDATION•

Date- November 18, 1997


Airport Operations


Maritime Operations

Overall Operations

I I


Pacific FM, Inc. purchased Oakland Radio Station KDIA in 1995. The presentLease Agreement with the Port, which was assigned to Pacific FM by ResolutionNo. 95279, is scheduled to expire January 31, 2001. KDIA occupiesapproximately 6.9 acres of land and water area including radio towers andtransmitter building near the Bay Bridge toll plaza. Current monthly rental is$1,959.00 with annual adjustments based upon changes in the Consumer PriceIndex.

The owners of Pacific FM recently decided to divest themselves of all broadcastholdings, including Radio Station KDIA. Indications are that negotiations areprogressing for ABC Radio to acquire Radio Station KDIA from Pacific FM. ABCRadio also plans to make construction improvements to the transmitter buildingand facility at their own expense, including cost of any required permits. As aproject proponent, ABC Radio will support any required permit processes,including attendance at public meetings and hearings, environmental review andother Port permit procedures. However, with slightly more than 3 years remainingon the current Port Lease Agreement, it has become difficult for Pacific FM tofinalize its sale of Radio Station KDIA because any new owner would want toamortize its Oasts associated with ownership over a longer period of time. PacificFM has therefore requested a new contract which would immediately supersedethe current Lease Agreement. We are therefore proposing a new 10 year LeaseAgreement with Pacific FM, as follows:

1. The Port shall not terminate the Agreement during the first 5 years of theterm. Commencing with the sixth year of the term and in the event future Portrequirements necessitate changes in use to the leased area and adjacentarea in the vicinity precluding continuance of radio broadcasting, then the Portshall have the right to terminate upon one year's written notice. In such eventof said required change in land use, the Port shall also terminate the leaseagreements of transmitter sites in the adjacent areas to the Radio KDIA site.

2_ The new rental will be $3,750.00 per month. This amount is similar to what thePort recently negotiated with radio station KIQI-AM. At the end of every 12months, the monthly rental will be increased in accordance with thepercentage change in the Consumer Price Index for the 12 month periodimmediately preceding the annual adjustment date. In no case will thisadjustment result in the lowering of the then existing monthly rental.


3. The present performance deposit of $3,706.00 will be increased to$11,206.00. Commencing with the new Lease Agreement, KDIA will make tenmonthly payments of $750.00 to the Port so that the deposit will equate to theincreased amount. Thereafter, the performance deposit will be adjusted bythe same percentage increase as the annual rental adjustment.

4. KDIA will continue to be responsible for all maintenance.

5. Insurance requirements will conform to current Port requirements.

All other terms and conditions of the existing agreement will remain the same.

The proposed agreement was reviewed pursuant to the requirements of theCalifornia Environmental Quality Act (CEQA) and Port CEQA Guidelines andwas determined to be Categorically Exempt per Section 15301 which applies tothe operation, repair, maintenance, or minor alteration of existing public orprivate structures , facilities, mechanical equipment, or topographical features,involving negligible or no expansion of use beyond that previously existing; perSection 15301 (p) which applies to renewals, extensions or amendments toleases or license and concession agreements or the execution of leases orlicenses and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involvingnegligible or no expansion of use beyond that previously existing; per Section15302 which applies to the replacement or reconstruction of existing structuresand facilities where the new structure will be located on the same site as thestructure replaced and will have substantially the same purpose and capacity asthe structure replaced; and, per Section 15303 which applies to the constructionand location of limited numbers of new, small facilities or structures; installationof small new equipment and facilities in small structures; and the conversion ofexisting small structures from one use to another where only minor modificationsare made in the exterior of the structure.

RECOMMENDATION:

It is recommended the Board of Port Commissioners give first reading as anordinance approving a new 10 year Lease Agreement, as outlined above withPacific FM, and that the Executive Director be authorized to consent of anassignment of the Lease Agreement to such other entity as the ExecutiveDirector deems appropriate following sale of Radio Station KDIA.

SUBJECT: Date: November 18. 1997

Item No. 31

PROGRAM AREA

3

- Appointments- Rescission of Appointment- Leave of Absence- Creation of Classifications/Positions- Examination Annou cements

•SUBMITTED BY: Gilbert C. Apo a aEXECUTIVE OFFICE RECOM ATION: Charles W. Foster

r irpA : 7 El Aort ratiOpeons

O Commercial Real Estate

• Maritime Operations

El Overall Operations ci

Board of Pori Commissioners - PORT OF OAKLAND

Agenda Sheet

FACTUAL BACKGROUND:

oktionM Reading)



D 'o' • •1111 - • - • - • - II -1 It 9 i • a •

$3 530/month. rate "a"--The appointment of Darlene F. Rounds to the position of CommercialRepresentative U (Exempt from Civil Service) at Salary rate "a," $3,530/month, effective Monday,November 24, 1997, accommodates the recommendation of a desk audit to reclassify a SeniorTypist Clerk position and redesignate the incumbent. Ms. Rounds current salary is$3,018/month. The proposed salary is $3,530/month, a $512/month (17%) increase.

FINANCE

Michael Chinn and Betsy Kwok. Port Staff Accountant I (Rep. Unit D.. Unrepresented).$3.720/month. rate "b"--The appointments (ratification) of Michael Chinn and Betsy Kwok to theCivil Service positions of Port Staff Accountant I at Salary rate "b," $3,720/month, effectiveMonday, November 3, 1997, accommodates the recommendations of desk audits to reclassifytwo Senior Account Clerk positions and redesignate the incumbents. The incumbents' currentsalary is $3,482/month. The proposed salary is $3,720/month, a $238/month (6.8%) increase.

Saw May Khoo. Port Staff Accountant (Rep. Unit D.. Unrepresented). $4.142/month. rate "a"--The appointment (ratification) of Saw May Khoo to the Civil Service position of Port StaffAccountant II at Salary rate "a," $4,142/month, effective Monday November 3, 1997,accommodates the recommendation of a desk audits to reclassify a Senior Account Clerk positionand redesignate the incumbent. Ms. Khoo's current salary is $3,482/month. The proposedsalary is $4,142/month, a $660/month (19%) increase.

111ABIDNIE

Jim_IY1cDonnell. Port Electrician (Rep. Unit B. L790). Maritime Division. $4.534/month. rate "a"–The appointment of Jim McDonnell to the Civil Service position of Port Electrician at Salary rate'a," $4,534/month, effective Monday, January 5, 1998, fills a new position in the MaritimeDivision that was approved in the FY 97-98 budget. Mr. McDonnell is a former employee whowill be rehired.



El RESOLUTION

ED ORDINANCE


AGENDA SHEET, PERSONNEL ITEMS–NOVEMBER 18, 1997

Elizabeth D Franco Cornel I. Hammons. and Mary Ann Shaffer. Documentation and Statistics Analyst.Traffic Representative U (Rep. Unit D. Unre presented). Maritime Division. $4.359/month rate "c"--Theappointment of Elizabeth D. Franco, Cornel I. Hammons, and Mary Ann Shaffer to the positions ofDocumentation and Statistics Analyst, Traffic Representative II (Exempt from Civil Service) at Salaryrate "c," $4,349/month, effective Monday, November 24, 1997, accommodates the promotions of thethree individuals from their Documentation and Statistics Analyst, Traffic Representative I positions thatwas approved in the FY 97-98 budget. Ms. Franco's current salary is $4,267/month; Mr. Hammons andMs. Shaffer's current salary is $4,025/month. The proposed salary is $4,359/month, a $92/month(2.2%) increase for Ms. Franco and a $334/month (8.3%) increase for Mr. Hammons and Ms. Shaffer.

Eva _W. Kong. Trade Research Analyst–Marine Commercial Representative II (R_ep. Unit D. Unrepresented). Maritime Division. $4.359/month, rate "c"--The appointment of Eva W. Kong to theposition of Trade Research Analyst–Marine Commercial Representative II (Exempt from Civil Service) atSalary rate "c," $4,359/month, effective Monday, November 24, 1997, accommodates the promotionof an individual from a Trade Research Analyst--Marine Commercial Representative I position that wasapproved in the FY 97-98 budget. Ms. Kong's current salary is $4,267/month. The proposed salary is$4,369Imonth, a $921month (2.2%) increase.

Madonna M. Medeiros. Senior Pricing and Insurance Analvst--Traffic Re presentative IV (Rep. Unit D. Unrepresented). Maritime Division $5.619/month. rate "c"--The appointment of Madonna M. Medeirosto the position of Senior Pricing and Insurance Analyst--Traffic Representative IV (Exempt from CivilService) at Salary rate "c," $5,619/month, effective Monday, November 24, 1997, accommodates thepromotion of an individual from a Pricing Analyst–Traffic Representative III position that was approvedin the FY 97-98 budget. Ms. Medeiros' current salary is $5,259/month. The proposed salar y is$5,619/month, a $360/month (6.8%) increase.

FNGINFERINn

. - . I .1 - • B L •• E •n-- • 10 i• 4 t "a"--Theappointment of Charles Drane to the Civil Service position of Port Electrician at Salary rate "a,"$4534/month, effective Monday, December 8, 1997, fills a budgeted position vacated by the rescission(requested later in this Board agenda) of appointment of the incumbent. Mr. Drane will be a newemployee.

Keith Saunders. Port Equipment Service Worker (Rep. Unit B. L790). Engineering Division.$3.009/month. rate "a"--The appointment of Keith Saunders to the Civil Service position of PortEquipment Service Worker at Salary rate "a," $3,009/month, effective Monday, December 1, 1987 ' fillsa budgeted position vacated by the incumbent's resignation. Mr. Saunders is a City employee.

AMENDMENT OF APPOINTMENT–RESOLUTION (1 Reading)

It is requested that the Board amend the appointment date of Sterling Luke, Port Senior FinancialAnalyst, from November 24, 1997, to December 1, 1997.

LEAVE OF ABSENCE

Ms. Julie Green, Airport Serviceman, requests the Board to ratify her leave of absence, without pay, forpersonal reasons beginning November 1, 1997, through and including April 30, 1998 (181 calendardays; 129 working days). Ms. Green is currently on maternity leave which will end at the end ofOctober.

RESCISSION OF APPOINTMENT

It is requested that the Board approve the rescission of the appointment of Frank A. Hicks who wasappointed to a position of Port Electrician effective September 22, 1997.

Page 2

Full-Time Employees 612.00 FTE 544.00 FTE 533.00 FTE 534.00 FTEPart-Time Employees 2.13 FTE 3.00 FTE 2.50 FTE 2.50 FTERelief Telephone Operators 2.98 FTE 3.00 FTE 3.00 FTERelief Airport Custodians (P/T) 11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTERelief Airport Custodians(Intermittent, P/T)

0.00 FTE 0.00 FTE 0.00 FTE

AGENDA SHEET, PERSONNEL ITEMS--NOVEMBER 18, 1997

CREATION OF CLASSIFICATIONS/ POSITIONS-Ordinance (2 Readings)

It is requested that the Board approve the creation of the following classifications and/or positions asindicated:

AVIATION

Airport Terminal Maintenance Coordinator (Reo. Unit B. L790), One Position--Creation of this CivilService classification and position at the same monthly compensation fixed in Section 8.072 of PortOrdinance 867 (a–$4120; b–$4328; c–$4542; d–$4804; e--$5078) accommodates therecommendation of a desk audit to reclassify an Engineering Assistant iposition and redesignate theincumbent.

Aviation Public Works Specialist (Rep. Unit F. IBEW), One Position--Creation of this Civil Serviceclassification and position at the same monthly compensation fixed in Section 8.075 of Port Ordinance867 (a–$4834; b–$5071; c–$5334; d–$5643; e–$5967) accommodates the recommendation of adesk audit to reclassify a Senior Engineering Assistant position and redesignate the incumbent.

FINANCE

Two Addition_al Positions of Port Staff Accountant I (Rep. Unit 0. Unrepresented)--Creation (ratification)of two additional positions effective November 3, 1997, of Port Staff Accountant I accommodates theratification of two appointments to this classification earlier in this agenda.

STRATEGIC 8E POLICY PLANNING

One Additional Position of Senior Port Strategic Planner (Rep. Unit D. Unrepresented)–Creation of anadditional position to accommodate the proposed reclassification of an Associate Port Strategic Plannerposition and redesignation of its incumbent that was approved in the FY 97-98 budget.

EXAMINATION ANNOUNCEMENT–Resolution (1 Reading)

It is requested that the Board approve the following Civil Service examinatiOn announcements:

Assistant Port Environmental Scientist (Rep. Unit D, Open)Associate Port Environmental Scientist (CUPA) (Rep. Unit D, Open)Supervising Diver (Rep. Unit F, Open)Port Principal Engineer (Rep. Unit E, Management, Promotional)




TOTAL 625.35 FTE 559.98 FTE 546.50 FTE 547.50 FTE


** Count increase due to one separation and two new appointments.

Page 3



CATEGORY

UNIT UNIT UNIT UNIT UNIT UNIT TOTALA B C D E F

BACKFILL

8 4 0 14 1 0 27MEDICAL BACKFILL 1 1 0 2 0 0 4WORKER'S COMP

1

1 0 0 0 0 2BACKFILL* CIP

0 0 10 8 0 0 18* SPECIAL PROJECT 2 3 0 6 0 0 11

TOTALS 12 9 10 30 1 0 62

* Temps supporting CIP or special projects—not replacement of current FTE

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve/ratify the preceding appointments,amendment of appointment, leave of absence, rescission of appointment; creation ofclassifications/positions, and examination announcements.

Page 4

SUBMITTED BY: Steven J. Grossman,


Maritime Operations

Overall Operations

EXECUTIVE OFFICE RECOMMEN • TION:

FACTUAL BACKGROUND:

DCAPPRET7my zigataitatirBOARD ACTION REQUIRED:

DATE


Agenda SheetDate: December 2, 1997

SUBJECT: Approval of an Agreement To Extend Right-of-Entryand Indemnity Agreement With United Parcel Service,Inc. (Air Cargo Road - public/non-public roadway, PROGRAM AREASouth Airport)

Airport Operations

Item No, 3S

This is a proposed Agreement to Extend Right-of-Entry and Indemnity Agreement ("extension agreement") for up to anadditional 120 days. United Parcel Service, Inc. ("UPS") entered into a 45-day Right-of-Entry and Indemnity Agreement("ROE") with the Port of Oakland effective November 1, 1997. The ROE provides for approximately 94,000 square feetof unimproved land in the vicinity of Air Cargo Road (a public and non-public roadway), South Airport, MetropolitanOakland International Airport. The rent under this temporary agreement is $9,635 per month.

The premises are used by UPS for temporary storage of air containers and truck trailers during UPS' annual "peakperiod" holiday operations. The premises are located in an isolated area accessible to off-Airport vehicles, as well asUPS' airfield operations on the South Airport (see accompanying map).

Under this proposed extension agreement, UPS is seeking continued occupancy of these same premises, for the samepurposes, through April 15, 1998. The proposed extension agreement includes a mutual seven (7) day cancellationclause, should UPS wish to vacate the premises earlier than April 15, 1998.


RECOMMENDATION:

It is recommended that the Board adopt a resolution approving the above described Agreement to Extend Right-of-Entry and Indemnity Agreement with United Parcel Service, Inc.

C:ITOYDOCS1BOARDWPSBD.DOC

0 MOTION

RESOLUTION

0 ORDINANCE

Ej INFORMATION ONLY

Board . of Port CommissionersCalendar Item

Approval of an Agreement To Extend Right-of-Entryand Indemnity Agreement with United Parcel Service , Inc.(Air Cargo Road -public/non-public, South Airport)

OaklandInternational AirportPort of

South AirportMap Not to Scale

ci

-I's, 4.,

Ft DEC -2 1997 -BOAR A T AKEN DATE

Allr Age-,


Agenda SheetSUBJECT: Approval of New License and Concession Agreement With


Bay Avionics, Inc. (8991 Earhart Road, North Airport)



Item No, 4S

PROGRAM AREA



Maritime Operations

Overall Operations

FACTUAL BACKGROUND:



LOCATION RATE DATE

"B" Bay Avionics, Inc. 3,162sf of hangar space, $2,200.00/mo2,058sf of shop space $.36-psf - hangarand 5,200sf of apron space $.308+psf - shopin and adjacent to Bldg. $.082+psf - apronL-310 East

10/1/97



RECOMMENDATION:


CANYDOMBOARMAVIONICS.DOC


O MOTION

0 RESOLUTION

O ORDINANCE

O INFORMATION ONLY AbstamaSECRETARY OF THE BOARD

SUBJECT PROPERTY - BLDG. L-310 EASTBAY AVIONICS, INC.

RUNWAY 9L-27R (5,452' X 150')

RUNWAY 9R-271. (6,212 X 150')

Date. nprpmhar 2 , 1 qq7

Item No 5S

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

Ix1

I I

TOTAL BID PRICEBIDDERS LOCATION

CAL INC Vacaville, CA $96,167.54

Tank Protect Engineering ofNorthern California, Inc. Union City, CA $119,785.00

EAI International Fairfield, CA si7s,7m.on

Accutite Environmental So. San Francisco, CA $137,586.00

SUBCONTRACTOR DOLLAR AMT. OF EACHSUBCONTRACTING ETHNICITY SUBCONTRACTOR'S BID

AREA LOCATION (IF MBE) MBE WBE LBAE TO PRIME

Centerline Const.Excavation Alamo, CA No Yes Yes $24,041.88


MOTION

I XI RESOLUTION

ORDINANCE

I INFORMATION ONLY

I II 1

efietteutin SECRETARY OF THE BOARD„-evt/ip&


Agenda SheetSu JECT: Award of Contract for Replacement of

Fuel Storage Tank MF-11 at Building M-104,South Field, MOIA

SUBMITTED BY: Joseph K. Wong ■O-v`"EXECUTIVE OFFICE RECOMMENDATIONK%

FACTUAL BACKGROUND:

Four bids were received and opened on November 5, 1997, for REPLACEMENT OF FUEL STORAGE TANK MF-11 AT BUILDING AA-104, SOUTH FIFI D, METROPO I !TAN nAK I ANn INTPRN ATI^N-Al A IRP^RT, OAKLAND,CALIFORNIA. The following bids were received:

A copy of the bid canvass is on file. The engineer's estimate for the Total Bid Price is $112,000.00.

CAL INC is a Minority Business Enterprise (MBE: Hispanic) and will perform 75% of the work; they listed onesubcontractor with their bid, which is a Local Business Area Enterprise (LBAE) contractor which will perform 25%of the work. Accordingly, it is recommended that CAL INC be considered to be a responsible bidder for thepurposes of this contract. The Port's Office of Equal Opportunity concurs in this recommendation.

The funding source for the tank removal portion of the project is Port cash. The cost will be charged againstLiability Account No. 7342, which was created for removal of underground tanks. The Capital Budget for FiscalYear 1998 provides for the installation of the new tank under CIP Item No. A2.00474.01. The funding source isPort bonds. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that CAL INC be found to be a responsible bidder, that the contract for the above project beawarded to CAL INC for the amount of their low bid, that the other bids be rejected, and the bid securities bereturned to the respective bidders.

Award of Contract for December 2, 1997Replacement of Fuel Storage Tank MF-11 atBuilding M-104, South Field, MOIA

SUBJECT: Approval of Plans and Specifications forDemolition of Building 0-421,Harbor Transportation Center

SUBMITTED BY: Joseph K. Wong eyv,EXECUTIVE OFFICE RECOMMEND


Item No. 23S

PROGRAM AREA

Airport Operations


Maritime Operations



El MOTION

RESOLUTION

ORDINANCE


44,

AERNEETird,cr


Agenda Sheet

FACTUAL BACKGROUND:

Plans and Specifications have been prepared for DEMOLITION OF BUILDING D-421, HARBORTRANSPORTATION CENTER. OAKLAND, CALIFORNIA, and are hereby submitted for approval andauthorization to advertise for bids.

The work consists, in general, of demolition and removal of Building D-421, a 5-,story, 360,000 square-footwarehouse. This work is necessary in order to clear the site for construction of the Joint intermodai Terminal,(J1T) beginning in mid-1998.

CEQA and NEPA requirements were completed, respectively, with Board certification of the Final EIR/EIS onSeptember 2, 1997, and the signing of the Record of Decision by the Navy on August 27, 1997. A FirstSupplemental Memorandum of Agreement with the State Historic Preservation Officer was fully executed onApril 11, 1997, and with the Advisory Council on Historic Preservation on April 30, 1997.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. M6.00543.01. Thefunding source is Port Bonds.

RECOMMENDATION

is recommended that the plans and specifications be approved and authorization be granted to advertise foraids to be received on January 14, 1998.

'C?ilb .0 ‘

*I.0 11/171r ° ill-.4 1 I

11It ; 1,-"- 'I

tu-Z'--'T

.Z"0

PORT OF OAKLAND HARBOR TRANSPORTATION CENTER

AREA D

DEMOLISHBLDG. D-421

Approval of Plans and Specificationsfor Demolition of Building D-421,Harbor Tronsportotion Center

DEC. 2, 1997

SUBMITTED BY: Apodaca

EXECUTIVE OFFICE RECOMMENDATION:.

DEC - a 1997

DATE

r„)


Agenda SheetDate: December 2, 1997

35SSUBJECT: APPROVAL OF CONSULTANT AGREEMENT WITH

ANDERSEN & ASSOCIATES TO PROVIDE FORSALARY SURVEYS FOR CERTAIN UNREPRESENTEDGROUPS

Item No.

PROGRAM AREA



Maritime Operations

X I Overall Operations


Approval is requested to hire Ralph Andersen and Associates to conduct salarysurveys, perform desk audits and update classification specifications for theexempt and unrepresented employees in Rep. Units D and E. Andersen andAssociates representatives, Doug Johnson and Sheila Foresberg, will serve asprincipal consultants to the Port.

Ralph Andersen and Associates is a Sacramento based management consultingfirm that was established in 1972. They represent private and public sectorclients and offer services in personnel management, resource utilization,organization and management and executive recruitment.

The cost of the contract is not to exceed $50,000. The appropriate resolutionhas been prepared and placed on the October 7, 1997, calendar and yourapproval is recommended.


j MOTION

x- I RESOLUTiON

ORDINANCE

INFORMATION ONLY

Date. December 2, 1997

Item No 368

PROGRAM AREA



Maritime OperationsI X I Overall Operations

SUBJECT: APPROVAL OF SECOND SUPPLEMENTALAGREEMENT WITH IEDA


EXECUTIVE OFFICE RECOMME ATION:

DEC - 2 1997

DATE

CRETARY OF THE BOARD

:30ARD ACTION REQUIRED:

MOTION7-1X i RESOLUTION

ORDINANCE

j INFORMATION ONLY


Agenda Sheet

FACTUAL BACKGROUND:

Approval is requested to enter into a second and final supplemental agreementwith IEDA, Industrial Employers and Distribution Association, in the amo unt of$25,000. This amount will cover contract costs through and including December1997. The purpose of this contract is to provide assistance to the ChiefAdministrative Officer, Gilbert C. Apodaca, in the areas of employer-employeerelations, contract negotiations and preparation of draft memoranda ofunderstanding.

IEDA is a non profit organization that is based in Emeryville, CA. The firmrepresents approximately 150 private sector and 50 public sector employers.The following agencies are represented' y IEDA: Association of Bay AreaGovernments, the Counties of Alameda and Contra Costa, the Alameda CountyColiseum Complex and the Cities of Alameda, Albany and Emeryville.

The appropriate resolution has been prepared and placed on the October 7,1997, calendar and your approval is recommended.





Port Attorney


COMMISSIONERS







Tuesday, November 18, 1997, -3-:00 p.m.

ROLL CALL:



Special meeting of September 2, 1997.

Deferred regular meeting of September 16; regularmeeting of October 7; regular meeting of October21,1997; and adjourned regular meeting of October31, 1997.


See Item 40



REPORT FROM THE ACTING CHIEF FINANCIAL OFFICER:

COMMITTEE REPORTS:

Administration


Adjourned Regular MeetingOctober 31, 1997


6 Items.



AIRPORT


2 Report on No Bids Received and Authorization toDispense with Formal Bids for FurnishingMaintenance and Service for Parking Lot RevenueControl Systems for Period Commencing January 1,1998 and Ending December 31, 1998, 1999 or 2000,South Airport, MOIA. (Resolution)

3 Approval of Consultant Agreement with John T.Warren & Associates, Inc. for Engineering DesignServices for Reconstruction of Apron SE ofBuilding L-812 and Portion of Taxiway "D", NorthAirport, MOIA. (Resolution)

4S Authorization to Sign Agreement with San JoseInternational Airport to Share Equipment at FAATracon. (Resolution)

5S Approval of an Agreement to Extend Right-of-Entryand Indemnity Agreement with National Car RentalSystem, Inc. (Neil Armstrong Way, South Airport).(Resolution)

6S Award of Contract for Installation of Water Mainfor ARFF Facility and Connection of Earhart RoadWater Main, MOIA. (Resolution)


1 1S Approval of Change Order for Martin Luther KingJr. Regional Shoreline Wetlands Project, IncludingAdditive Alternates B3 and B6. (Resolution)

2


MARITIME

21 Authorize Professional Services Agreement toDevelop Business Plan for the Joint IntermodalTerminal. (Resolution)

22 Approval of Consultant Agreement for EngineeringDesign Services for Construction of a ContainerYard and Gate for Berths 55/56, Inner HarborChannel. (Resolution)

23 Ten Year Lease Agreement with Pacific FM, Inc. forRadio Station KDIA. (Ordinance)



OPERATIONS

31 Personnel Items: Appointments; Creation ofAdditional Position; and ExaminationAnnouncements. (Resolutions and Ordinance)

CLOSED SESSION



Southwest Airlines, installation of an open canopyroof over the baggage handling area on the rampside of Terminal 2.

Valet Parking Service, installation of threecanvas awnings over the three doors to the officetrailer occupied by the Valet Service.

Hahn's Hibachi, installation of two identificationsigns for the new tenant.

3


Vote on the following Resolutions:Ayes: Commissioners Cole, Harris, Kramer, Lockhart, Loh,


RESOLUTIONS:

97342 1 FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO CONTRACT FOR FURNISHINGMAINTENANCE AND SERVICE FOR PARKING LOT REVENUECONTROL SYSTEMS FOR THE PERIOD COMMENCING JANUARY1, 1998 AND ENDING DECEMBER 31, 1998, 1999 OR2000, SOUTH FIELD, METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA,WITHOUT COMPETITIVE BIDDING AND AUTHORIZINGNEGOTIATION AND EXECUTION OF A CONTRACT WITH ASCOMTRINDEL CORPORATION FOR SUCH WORK. (Airport - 2)

97343 2 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH JOHN T. WARREN & ASSOCIATES, INC. FORENGINEERING DESIGN CONSULTING SERVICE CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF AGREEMENT.(Airport - 3)

97344 3 AUTHORIZING AND APPROVING EXECUTION OF ANAGREEMENT WITH SAN JOSE INTERNATIONAL AIRPORT.(Airport - 4S)

97345 4 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAGREEMENT TO EXTEND RIGHT-OF-ENTRY AND INDEMNITYAGREEMENT WITH NATIONAL CAR RENTAL SYSTEM, INC.(Airport - 5S)

97346 5 AWARDING CONTRACT TO MCGUIRE AND HESTER, FORINSTALLATION OF WATER MAIN FOR AIRCRAFT RESCUE ANDFIRE FIGHTING FACILITY AND CONNECTION OF EARHARTROAD WATER MAIN, METROPOLITAN OAKLAND INTER-NATIONAL AIRPORT, OAKLAND, CALIFORNIA, A.I.P.3-06-0170-12, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS. (Airport - 6S)

97347 6 APPROVING ISSUANCE OF CHANGE ORDER FOR CONTRACTWITH FANFA INC., FOR MARTIN LUTHER KING, JR.REGIONAL SHORELINE WETLANDS PROJECT, OAKLAND,CALIFORNIA INCLUDING ADDITIVE ALTERNATES B3 ANDB6. (Commercial Real Estate - 11S)

97348 7 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH THE KINGSLEY GROUP FOR MARITIME CONSULTINGSERVICES CONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Maritime - 21)

4


97349 8 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH JORDAN WOODMAN DOBSON FOR ENGINEERING DESIGNCONSULTING SERVICES CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF AGREEMENT.(Maritime - 22)

97350 9 AWARDING CONTRACT TO R & B EQUIPMENT, INC., FORDEMOLITION OF BUILDING D-413, HARBORTRANSPORTATION CENTER, OAKLAND, CALIFORNIA, FIXINGTHE AMOUNT OF BONDS, REJECTING ALL OTHER BIDS ANDDIRECTING RETURN OF BID BONDS TO BIDDERS.(Maritime - 25S)


97352 11 AMENDING PORT RESOLUTION NO. 97301 AND PORTRESOLUTION NO. 97336 CONCERNING CERTAINAPPOINTMENTS. (Operations - 31)

97353 12 RATIFYING LEAVE OF ABSENCE TO JULIE GREEN, AIRPORTSERVICEMAN. (Operations - 31)

97354 13 APPROVING EXAMINATION ANNOUNCEMENTS FOR THEPOSITIONS OF ASSISTANT PORT ENVIRONMENTALSCIENTIST, ASSOCIATE PORT ENVIRONMENTAL SCIENTIST,SUPERVISING DIVER AND PORT PRINCIPAL ENGINEER.(Operations - 31)

97355 14 GRANTING SOUTHWEST AIRLINES CO., PERMISSION TOPERFORM CERTAIN WORK. (Blanket Authority)

97356 15 GRANTING VALET PARKING SERVICE, PERMISSION TOPERFORM CERTAIN WORK. (Blanket Authority)

97357 16 GRANTING MI HIU BASS, HYANG HUI KIM AND KAP KIM,DOING BUSINESS AS HAHN'S HIBACHI, PERMISSION TOPERFORM CERTAIN WORK. (Blanket Authority)

97358 17 AUTHORIZING CERTAIN INDIVIDUALS TO EXECUTEDOCUMENTS RELATING TO THE OFFICE OF EMERGENCYSERVICES. (Resolution Only)

Vote on the following ordinances:Ayes: Commissioners Cole, Harris, Kramer, Lockhart, Loh,

Taylor and President Ortiz - 7Noes: NoneAbsent: NoneORDINANCES:

Port Ordinance No. 3398 being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH GTE MOBILNET OF CALIFORNIA AND DIRECTINGRECORDATION THEREOF."

Final.

5


2

Port Ordinance No. 3399 being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OFTERMINAL USE AGREEMENT WITH OCEAN MANAGEMENT, INC.(FESCO)."

Final.

3

Port Ordinance No. 3400 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867 TO ESTABLISHCERTAIN NEW SALARY SCHEDULES, TO CREATE CERTAINNEW POSITIONS WITHIN EXISTING PORT CLASSIFICATIONSAND TO REVISE SALARY SCHEDULE FOR A CERTAINPOSITION."

Final.


AMENDING SECTION 2 OF PORT ORDINANCE NO. 1660PROVIDING FOR CONTRIBUTIONS TOWARD THE COST OFGROUP DENTAL INSURANCE FOR EMPLOYEES OF THE PORTOF OAKLAND."

Final.

5

Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH PACIFIC FM, INC."


6

Port Ordinance No. being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867 AMENDING SECTIONS5.0199 AND 7.023 ADDING ADDITIONAL POSITIONSWITHIN EXISTING PORT CLASSIFICATIONS AND ADDINGSECTION 10.008 AND 10.0285 CREATING NEWPOSITIONS."


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, December 2, 1997,at 3:00 p.m.

6


Agenda Sheet.44/19

SUBJECT: Report on No Bids Received andAuthorization to Dispense with FormalBids for Furnishing Maintenance and Servicefor Parking Lot Revenue Control Systemsfor the Period Commencing January 1, 1998and Ending December 31, 1998, 1999 or 2000,South Field, MOIA

Date: Nnvember 1R, 1997

Item No. 2 PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

I I1 I

1 Ixl

HI I

BOARD A TION TAKEN DATEMOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

SUBMITTED BY: Joseph K. Wong e5V--.

EXECUTIVE OFFICE RECOMMENDATION4*---..

FACTUAL BACKGROUND:

On September 16, 1997 the Board approved plans and specifications for FURNISHINGMAINTENANCE AND SERVICE FOR PARKING LOT REVENUE CONTROL SYSTEMS FORTHE PERIOD COMMENCING JANUARY 1, 1998 AND ENDING DECEMBER 31, 1998, 1999OR 2000, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT and gaveauthorization to receive bids on October 15, 1997. No bids were received for this project onthat date.

Due to a delivery problem experienced by Federal Express, the Port received a bid packagethe day after bids were due. The bid was submitted by Ascom Trindel Corporation, formerlyElsydel. Inc., the company that is currently providing maintenance and service for the airportparking lot revenue control system.

Other prospective bidders were contacted in order to determine why they did not bid. Due tothe highly specialized nature of the work, few contractors picked up the contract documents.Contractors who picked up the documents determined that they may not be able to obtain theproprietary equipment in time to perform the work as required in the contract specifications.Consequently, they did not submit a bid.

RECOMMENDATION:

Because the current contractor, Ascom Trindel Corporation, is familiar with the parking lotrevenue control systems, it is recommended that it be found to be in the best interests of thePort to dispense with formal bidding procedures to accomplish the work and that the ExecutiveDirector be authorized to negotiate and execute a contract with Ascom Trindel Corporation.

,4goov.0.1 "414r.


19ZZ,N

NOV 1 8 1997

F3

• MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

DATE


Agenda Sheet.0.4QSUBJECT: Approval of Consultant Agreement with

John T. Warren & Associates, Inc. forEngineering Design Services for Reconstructionof Apron SE of Building L-812 and Portion ofTaxiway "D", North Field, MOIA

SUBMITTED BY: Joseph K. WongEXECUTIVE OFFICE RECOMMENDATION4

Date: November 18, 1997Item No. 3PROGRAM AREA

Airport Operations CI


U Maritime Operations


FACTUAL. mArwrIonman. 1-0/WIW.1%%.0WINLO.

The North Airport pavements, which were originally constructed in the early nineteen thirties and forties for theaircraft of those times, are showing deterioration, especially on the existing concrete aprons, because of age andusage by modern-day heavier aircraft. This project is part of a program to reconstruct existing aprons and taxiways atthe North Field to enhance the safety and extend the life of the facilities.

The consultant is to provide engineering design services for the reconstruction of existing concrete apron southeastof Building L-812 and a portion of Taxiway "D". The work includes: 1) reconstruction of approximately 140,000square feet of concrete apron and taxiway; 2) installation of a new 8-inch waterline, ground rods, storm drainagesystem; and 3) pavement striping and markings, in conformance with all applicable City, State, and FAA codes andstandards. In addition, the consultant will design a master grading and drainage plan for the entire North Field.

BASIS OF SELECTION:

Approximately 100 Requests for Proposal (RFP) were sent out on June 23, 1997. The RFPs were sent to civilengineering design firms with offices in the Local Business Area (Alameda and Contra Costa Counties) which haveshown interest in doing related work for the Port. The Port also advertised the RFP in the Oakland Tribune. Of therequests sent out, eleven proposals were received.

The Port Review Panel reviewed the eleven proposals and the six top-ranked teams were invited for interviews. Theywere: 1) Holmes & Narver Inc.; 2) John T. Warren & Associates, Inc. (JWA); 3) Parsons & Brinckerhoff; 4) P & DConsultants, Inc.; 5) URS Greiner, Inc.; and 6) Kimley-Horn & Associates, Inc..

JWA was recommended for selection to perform the required design services for this project. The selection of JWAwas based on their project team's oral presentation, team members' qualifications, design experience on similarprojects, and evidence of compliance with the affirmative action requirements of the Federal Aviation Administration(FAA).

The following table lists the Design Team Members, along with Roles, and their Planned Share of the work.

/15% 65%John T. Warren & Associates. Inc LIA/MBE

Prime Consultant15% 10%ICF Kaiser Engineers, Inc. LIA

Utilities

15% 11%Geotopo, Inc. LIA/MBE/DBE SurveyHammon, Jensen, Wallen & Associates LIA Aerial Photo 2044 go/

Harza Engineering Company of California LIA Geotechnical 5% 9%

BOARD ACTION REQUIRED: NOV J 8 1997

Approval of Consultant Agreement withJohn T. Warren & Associates, Inc. forEngineering Design Services for Reconstructionof Apron SE of Building L-812 and Portion ofTaxiway "D", North Field, MOIANovember 18, 1997Page 2

The Port's Office of Equal Opportunity (OEO) was involved in the review of the RFPs and participated in theconsultant interview process. OEO concurs in the selection.

The EEO-1 Work Force Reports/Professional Services Questionnaires are on file for each firm on the team.

The amount of the agreement will not exceed $500,000 based on the agreed upon scope of work and terms . of thecontract. In addition, it is requested that the Executive Director be authorized to approve up to an additional $100,000for potential changes in scope. This project is partially funded by the FAA, which has already approved the selectionand the execution of the agreement with JWA.

The work is included in the FY 1998 Capital Budget under CIP Element No. A1.00626.01. The funding source is AIPNo. 3-06-0170-20 and Port Cash.

RECOMMENDATION:


1) Determine that the engineering services as described above are professional services; and

2) Authorize the preparation and execution of an agreement with John T. Warren & Associates, Inc., in accordancewith the provisions above.

PORT OF OAKLANDFILE FAATLAS \ AREAHAPS \L2-AREA

NORTH AIRPORTAREA L-2 DATE

SCALE

VVVVIT'littlinewAJIal.114 11, ".t.444"

NORTHFIELD

PROJECTLOCATIONDi

4

***

;

Approval of Consultant Agreement withJohn T. Warren Associates, Inc. forEngineering Design Services for Reconstructionof Apron SE of Building L-812 and Portion ofToxiwoy "0",North Field, M.O.I.A.

Nov. 3, 1997

P,A8Airport Operations


Maritime Operations

Overall Operations




SUBJECT:

Agenda SheetAuthorize Professional Services Agreementto Develop Business Plan for the JointIntermodal Terminal

Date. November 18, 1997

Item No 21

PROGRAM AREA

FACTUAL BACKGROUND:

The Maritime Division has been developing plans for theconstruction of the Joint Intermodal Terminal (JIT) as an elementof the Vision 2000 Program. To date, an operating plan for theJIT has been developed and a programmatic environmental review hasbeen completed under the Vision 2000 EIR/EIS certified by theBoard on September 2, 1997. A Request for Proposal has beenreleased for the design and preparation of plans andspecifications for the initial phase of the JIT. The JIT projectcontinues to receive Intermodal Surface Transportation EfficiencyAct (ISTEA) funding for preliminary engineering and planning andthe Metropolitan Transportation Commission has recently obligatedan additional $7.9 million in ISTEA funding for initialconstruction.

The Maritime Division is opening negotiations with the BurlingtonNorthern Santa Fe for a use agreement to cover their operations atthe facility. Additional negotiations with the Union PacificRailroad will also occur to provide for trackage rights to servethe JIT and for eventual use of the facility by Union Pacific.

The negotiation of these agreements requires a clear understandingof the economic and operational forces which shape the railroadindustry. The Port staff has limited knowledge in these areasand requires assistance in performing an underlying financialanalysis and in developing a business strategy that will supportthe Port's negotiation of the agreements. Therefore, the divisionis requesting an agreement for professional services to providethis expertise. The consultant selected must have specificknowledge of both railroad economics and operating practices. Theconsultant must also have direct experience in the negotiation ofintermodal service and terminal contracts. Port staff hasidentified several firms that possess these attributes andqualifications. Most of these firms are headquartered outside ofCalifornia and none are located in the Port Local Business Area.However, the Kingsley Group, a nationally-recognized railroadconsulting firm, which is headquartered in San Francisco, is 509,-;owned by a minority resident of Oakland. The Kingsley Group isuniquely qualified to perform these services due to theirexperience in railroad economic and marketing analysis, theirinvolvement in negotiating and managing operating contracts formaritime-related clients and their knowledge of the local railroadsystem. We have reviewed our selection with the Port EqualOpportunity Office and have their concurrence.


MOTION

xi RESOLUTION

ORDINANCE

I INFORMATION ONLY

APPERRIAD4ST jiy..p. •DO, NOV 1 8 1997

BOARD ACTI N TAKEN DATE

"maw SECRETARY OF THE BOARD

BOARD LETTER - Authorize Professional Services Agreement toDevelop Business Plan for the Joint Intermodal TerminalNovember 18, 1997Page Two.

The Port proposes to enter into a contract with the Kingsley Groupfor services up to $80,000. The Port will be reimbursed throughISTEA funding for up to 88%; of all expenditures. The capitalbudget for fiscal year 1998 provides for this work under C.I.P.item No. M6-0561-01.

RECOMMENDATION:

It is recommended that a resolution be passed finding anddetermining that the proposed agreement with the Kingsley Groupto assist the Port with a business plan for the JIT constitutesprofessional services or specialized services; and authorizingexecution of the agreement.

BOARD LETTER - Authorize Professional Services Agreement toDevelop Business Plan for the Joint Intermodal TerminalNovember 18, 1997Page Two.

The Port proposes to enter into a contract with the Kingsley Groupfor services up to $80,000. The Port will be reimbursed throughISTEA funding for up to 88% of all expenditures. The capitalbudget for fiscal year 1998 provides for this work under C.I.P.item No. M6-0561-01.

RECOMMENDATION:

It is recommended that a resolution be passed finding anddetermining that the proposed agreement with the KIngsley Groupto assist the Port with a business plan for the JIT constitutesprofessional services or specialized services; and authorizingexecution of the agreement.

LIA/MBE

Prime Firm /Lead Planning/Lead Architecture

Moffatt & Nichol Engineers LIA

Lead Civil/Lead Yard Electrical 19%

0Jordan Woodman Dobson 29%James A. Vann LIA/MBE Architect 1%

Ackland International, Inc. LIA/MBE Civil 19%YEI Engineers, Inc. LIA/MBE Yard Electrical 9%Silverman & Light LI ANVBE Building Electrical 5%Liftech Consultants, Inc. LIA Lead Structural 7%Bello Vennari LIA/MBE/VVBE Structural 1%Harza Engineering LIA Lead Geotechnical 3%Uribe & Associates LIA/MBE Geotechnical 1%McCracken & Woodman LIA Mechanical 5%Pattillo & Garrett LIA/MBE Landscape Architect 1%

BOARD ACTION REQUIRED: APPROVIUMY1■997101/ 1 8 1/

DATEO MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

BOARD ACTION TAKEN

Asetau SECRETARY OF THE BOARD


,7,41x9 Agenda Sheet

SUBJECT: Approval of Consultant Agreement forEngineering Design Services for Constructionof a Container Yard and Gate for Berths 65/56,Inner Harbor Channel

SUBMITTED BY: Joseph K. Wong b\".0


Date: November 18, 1997

Item No. 22

PROGRAM AREA

O Airport Operations




FACTUAL BACKGROUND

The Port's Vision 2000 Program consists of a Joint Intermodal Terminal and up to five container terminals along the northside of Oakland's Inner Harbor Channel at the former FISCO facilities. Construction of a container yard and gate atBerths 55/56 is one of the first phases of this program. The proposed consultant is to provide professional engineeringdesign services for this project.

BASIS OF SELECTION:

Approximately 100 Requests for Proposal (RFP) were sent out on September 12, 1997. The RFPs were sent to Civil,Structural, Transportation and Traffic Engineering firms with offices in the Local Impact Area (LIA), which have showninterest in doing work for the Port. Of the requests sent out, six proposals were received.

The Port Review Panel reviewed the six proposals and the three top-ranked teams were invited for interviews. They wereHolmes & Narver, Inc. (H&N); Jordan Woodman Dobson (JWD); and Vickerman-Zachary-Miller/ Ackland International,Inc. (VZM/Ackland), a Joint Venture.

JWD was unanimously recommended for selection to perform the required professional design services for this project.The selection of JWD was based on their project team's presentation, team members, and extensive design experienceon container terminals.

The following table lists the Design Team Members, along with their Roles, and Planned Share of the work.

Approval of Consultant Agreement forEngineering Design Services for Constructionof a Container Yard and Gate for Berths 55/56,Inner Harbor ChannelNovember 18, 1997Page 2

The Port's Office of Equal Opportunity (OEO) was involved in the review of the RFPs and participated in the consultantinterview process. All three firms did an outstanding job in meeting the Port's outreach goals. Although the RFP wasissued prior to the Board's adoption of our new Non-Discrimination and Small/Local Business Utilization Policy, 100% ofthe team's firms are located within the LIA, and 66% are MBEs/WBEs. OEO concurs in the selection.

The EEO-1 Work Force Reports/Professional Services Questionnaires are on file.

Port staff is currently negotiating with JWD on scope and terms of the contract. It is anticipated that the amount of theagreement will not exceed $4,000,000, and it is requested that the Executive Director be authorized to approve up to anadditional $750,000 for potential chang.. t.,%.1.1e. it is necessary to begin design work immediately after the final scopeand cost are agreed upon in order to meet the project's first phase with a required completion date of October 1999.Therefore, it is proposed that the Executive Director be authorized to prepare and execute a professional servicesagreement based on these negotiations.

The work is budgeted in CIP Element No. M6.00583.02. The funding source will be Port bonds.

RECOMMENDATION:


1) Determine that the engineering services as described above are professional services, and

2) Authorize the preparation and execution of an agreement with JWD in accordance with the provisions above.

SUBMITTED BY: Raymond A. Boyle eifiz• •EXECUTIVE OFFICE RECOMMENDATION . #


—1 MOTION

I RESOLUTION

X I ORDINANCE

j INFORMATION ONLY

ily314

BOARD ACTION TAKENV 1 8 1997DATE


Agenda SheetSUBJECT: Ten Year Lease Agreement with

Pacific FM, Inc. for Radio Station KDIADate: November 18, 1997

Item No 23

PROGRAM AREA


I I Commercial Real Estate

Maritime Operations

Overall OperationsFACTUAL BACKGROUND:-

Pacific FM, Inc. purchased Oakland Radio Station KDIA in 1995. The presentLease Agreement with the Port, which was assigned to Pacific FM by ResolutionNo. 95279, is scheduled to expire January 31, 2001. KDIA occupiesapproximately 6.9 acres of land and water area including radio towers andtransmitter building near the Bay Bridge toll plaza. Current monthly rental is$1,959.00 with annual adjustments based upon changes in the Consumer Priceindex.

The owners of Pacific FM recently decided to divest themselves of all broadcastholdings, including Radio Station KDIA. Indications are that negotiations areprogressing for ABC Radio to acquire Radio Station KDIA from Pacific FM. ABCRadio also plans to make construction improvements to the transmitter buildingand facility at their own expense, including cost of any required permits. As aproject proponent, ABC Radio will support any required permit processes,including attendance at public meetings and hearings, environmental review andother Port permit procedures. However, with slightly more than 3 years remainingon the current Port Lease Agreement, it has become difficult for Pacific FM tofinalize its sale of Radio Station KDIA because any new owner would want toamortize its costs associated with ownership over a longer period of time. PacificFM has therefore requested a new contract which would immediately supersedethe current Lease Agreement. We are therefore proposing a new 10 year LeaseAgreement with Pacific FM, as follows:

1. The Port shall not terminate the Agreement during the first 5 years of theterm. Commencing with the sixth year of the term and in the event future Portrequirements necessitate changes in use to the leased area and adjacentarea in the vicinity precluding continuance of radio broadcasting, then the Portshall have the right to terminate upon one year's written notice. In such eventof said required change in land use, the Port shall also terminate the leaseagreements of transmitter sites in the adjacent areas to the Radio KDIA site.

2. The new rental will be $3,750.00 per month. This amount is similar to what thePort recently negotiated with radio station KIQI-AM. At the end of every 12months, the monthly rental will be increased in accordance with thepercentage change in the Consumer Price Index for the 12 month periodimmediately preceding the annual adjustment date. In no case will thisadjustment result in the lowering of the then existing monthly rental.

3. The present performance deposit of $3,706.00 will be increased to$11,206.00. Commencing with the new Lease Agreement, KDIA will make tenmonthly payments of $750.00 to the Port so that the deposit will equate to theincreased amount. Thereafter, the performance deposit will be adjusted bythe same percentage increase as the annual rental adjustment.

4. KDIA will continue to be responsible for all maintenance.

5. Insurance requirements will conform to current Port requirements.

All other terms and conditions of the existing agreement will remain the same.

The proposed agreement was reviewed pursuant to the requirements of theCalifornia Environmental Quality Act (CEQA) and Port CEQA Guidelines andwas determined to be Categorically Exempt per Section 15301 which applies tothe operation, repair, maintenance, or minor alteration of existing public orprivate structures , facilities, mechanical equipment, or topographical features,involving negligible or no expansion of use beyond that previously existing; perSection 15301 (p) which applies to renewals, extensions or amendments toleases or license and concession agreements or the execution of leases orlicenses and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involvingnegligible or no expansion of use beyond that previously existing; per Section15302 which applies to the replacement or reconstruction of existing structuresand facilities where the new structure will be located on the same site as thestructure replaced and will have substantially the same purpose and capacity asthe structure replaced; and, per Section 15303 which applies to the constructionand location of limited numbers of new, small facilities or structures; installationof small new equipment and facilities in small structures; and the conversion ofexisting small structures from one use to another where only minor modificationsare made in the exterior of the structure.

RECOMMENDATION:

It is recommended the Board of Port Commissioners give first reading as anordinance approving a new 10 year Lease Agreement, as outlined above withPacific FM, and that the Executive Director be authorized to consent of anassignment of the Lease Agreement to such other entity as the ExecutiveDirector deems appropriate following sale of Radio Station KDIA.

U.• ►o•• • •11 • " ' • II • 1 I



- Appointments- Rescission of Appointment- Leave of Absence- Creation of Classifications/Positions- Examination Announcements

SUBMITTED BY: Gilbert C. ApodacaEXECUTIVE OFFICE RECOMyoors ATION: Charles W. Foster

".74to

Date: November 18 1997Item No. 31 PROGRAM AREA

D Airport Operations



Overall Operations ci

FACTUAL BACKGROUND:

APPOINTMENTS—Resolution (1 Reading)



Darlene—F. Rounds. Commercial Representative II (Rep. Unit D.. Unrepresented). CRE Division.$3.530/month. rate "a"--The appointment of Darlene F. Rounds to the position of CommercialRepresentative II (Exempt from Civil Service) at Salary rate "a," $3,530/month, effective Monday,November 24, 1997, accommodates the recommendation of a desk audit to reclassify a SeniorTypist Clerk position and redesignate the incumbent. Ms. Rounds current salary is$3,018/month. The proposed salary is $3,530/month, a $ 512/month (17%) increase.

FINANCE

Michael Chinn and Betsy Kwok. Extra Position #1 and Extra Position #2 for Port Staff Accountant1 (Rep Ja_Lintapiumiteclant3,ate '--The appointments (ratification) ofMichael Chinn and Betsy Kwok to the Civil Service positions of Extra Position #1 and ExtraPosition #2, respectively, for Port Staff Accountant I at Salary rate "b," $3,720/month, effectiveMonday, November 3, 1997, accommodates the recommendations of desk audits to reclassifytwo Senior Account Clerk positions and redesignate the incumbents. The incumbents' currentsalary is $3,482/month. The proposed salary is $3,720/month, a $238/month (6.8%) increase.

The appointment (ratification) of Saw May Khoo to the Civil Service position of Port StaffAccountant II at Salary rate "a," $4,142/month, effective Monday November 3, 1997,accommodates the recommendation of a desk audits to reclassify a Senior Account Clerk positionand redesignate the incumbent. Ms. Khoo's current salary is $3,482/month. The proposedsalary is $4,142/month, a $660/month (19%) increase.

MARITIME

Jim McDonnell. Port Electrician (Rep. Unit B. 1790). Maritime Division. $4,534/month raterj7_P"--The appointment of Jim McDonnell to the Civil Service position of Port Electrician at Salary rate"a," $4,534/month, effective Monday, January 5, 1998, fills a new position in the MaritimeDivision that was approved in the FY 97-98 budget. Mr. McDonnell is a former employee whowill be rehired.

^." '

:0: 18 199797,55)) 9 7-852

b , _

ikuzmi geki

_9v ATBOARD AC ON TARN


El MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


Elizabeth D. Franco, Cornet I. Hammons. and Mary Ann Shaffer, Documentation and Statistics Analyst Traffic Representative II (Re p . Unit D, Unrepresented), Maritime Division. $4.359/month, rate "c"--Theappointment of Elizabeth D. Franco, Cornel I. Hammons, and Mary Ann Shaffer to the positions ofDocumentation and Statistics Analyst, Traffic Representative II (Exempt from Civil Service) at Salaryrate "c," $4,349/month, effective Monday, November 24, 1997, accommodates the promotions of thethree individuals from their Documentation and Statistics Analyst, Traffic Representative I positions thatwas approved in the FY 97-98 budget. Ms. Franco's current salary is $4,267/month; Mr. Hammons andMs. Shaffer's current salary is $4,025/month. The proposed salary is $4,359/month, a $92/month(2.2%) increase for Ms. Franco and a $334/month (8.3%) increase for Mr. Hammons and Ms. Shaffer.

Eva W Kong Trade Research Analyst--Marine Commercial Representative II (Rep Unit DUnrepresented), Maritime Division, $4.359/month, rate "c"—The appointment of Eva W. Kong to theposition of Trade Research Analyst--Marine Commercial Representative II (Exempt from Civil Service) atSalary rate "c," $4,359/month, effective Monday, November 24, 1997, accommodates the promotionof an individual from a Trade Research Analyst--Marine Commercial Representative I position that wasapproved in the FY 97-98 budget. Ms. Kong's current salary is $4,267/month. The proposed salary is$4,359/month, a t92/month (2.2%) increase.

Madonna M. Medeiros. Senior Pricing and Insurance Analyst--Traffic Representative IV (Rep. Unit D.Unrepresented). Maritime Division $5.619/month, rate "c"--The appointment of Madonna M. Medeirosto the position of Senior Pricing and Insurance Analyst--Traffic Representative IV (Exempt from CivilService) at Salary rate "c," $5,619/month, effective Monday, November 24, 1997, accommodates thepromotion of an individual from a Pricing Analyst--Traffic Representative lii position that was approvedin the FY 97-98 budget. Ms. Medeiros' current salary is $5,259/month. The proposed salary is$5,619/month, a $360/month (6.8%) increase.

ENGINEERING

h D . P• El c' B 7 • I n - - • D -visi • n• I Le--Theappointment of Charles Drane to the Civil Service position of Port Electrician at Salary rate "a,"$4534/month, effective Monday, December 8, 1997, fills a budgeted position vacated by the rescission(requested later in this Board agenda) of appointment of the incumbent. Mr. Drane will be a newemployee.

Keith Saunders, Port Eauipment Service Worker (Rep. Unit B. 1790), Engineering Division.$3.009/month. rate "a"--The appointment of Keith Saunders to the Civil Service position of PortEquipment Service Worker at Salary rate "a," $3,009/month, effective Monday, December 1, 1997, fillsa budgeted position vacated by the incumbent's resignation. Mr. Saunderq is a City employee.

AMENDMENT OF APPOINTMENT--RESOLUTION (1 Reading)

It is requested that the Board amend the appointment date of Sterling Luke, Port Senior FinancialAnalyst, from November 24, 1997, to December 1, 1997.

LEAVE OF ABSENCE

Ms. Julie Green, Airport Serviceman, requests the Board to ratify her leave of absence, without pay, forpersonal reasons beginning November 1, 1997, through and including April 30, 1998 (181 calendardays; 129 working days). Ms. Green is currently on maternity leave which will end at the end ofOctober.

RESCISSION OF APPOINTMENT

It is requested that the Board approve the rescission of the appointment of Frank A. Hicks who wasappointed to a position of Port Electrician effective September 22, 1997.

Page 2

Full-Time Employees 612.00 FTE 544.00 FTE 533.00 FTE 534.00 FTEPart-Time Employees 2.13 FTE 3.00 FTE 2.50 FTE 2.50 FTERelief Telephone Operators 2.98 FTE 3.00 FTE 3.00 FTERelief Airport Custodians (PIT) 11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTERelief Airport Custodians(Intermittent, PIT)

0.00 FTE 0.00 FTE 0.00 FTE


CREATION OF CLASSIFICATIONS/ POSITIONS-Ordinance (2 Readings)

It is requested ,that the Board approve the creation of the following classifications and/or positions asindicated:

AVIATION

• • a - lit a • • - *in r Re • • et- P. i. l--Creation of this CivilService classification and position at the same monthly compensation fixed in Section 8.072 of PortOrdinance 867 (a--$4120; b--$4328; c--$4542; d--$4804; e--$5078) accommodates therecommendation of a desk audit to reclassify an Engineering Assistant position and redesignate theincumbent.

Aviation Public Works Specialist (R-p. Unit F. IBEW), One Position--Creation of this Civil Serviceclassification and position at the same monthly compensation fixed in Section 8.075 of Port Ordinance867 (a--$4834; b--$5071; c--$5334; d--$5643; e--$5967) accommodates the recommendation of adesk audit to reclassify a Senior Engineering Assistant position and redesignate the incumbent.

FINANCE

Two Additional Positions of Port Staff Accountant I (Rep. Unit D. Unrepresented)--Creation of twoadditional positions of Port Staff Accountant I accommodates the ratification of two appointments tothis classification earlier in this agenda.

STRATEGIC & POLICY PLANNING

One Additional Position of Senior Port Strategic Planner (Rep. Unit D. Unrepresented)--Creation of anadditional position to accommodate the proposed reclassification of an Associate Port Strategic Plannerposition and redesignation of its incumbent that was approved in the FY 97-98 budget.

EXAMINATION ANNOUNCEMENT--Resolution (1 Reading)

It is requested that the Board approve the following Civil Service examination announcements:

Assistant Port Environmental Scientist (Rep. Unit D, Open)Associate Port Environmental Scientist (CUPA) (Rep. Unit D, Open)Supervising Diver (Rep. Unit F, Open)Port Principal Engineer (Rep. Unit E, Management, Promotional)






** Count increase due to one separation and two new appointments.

Page 3


CATEGORY

8 4 0 14 1 0 27BACKFILLMEDICAL BACKFILL 1 1 2 0 0 4WORKER'S COMP 1 0 0 0 0 2BACKFILL

0 0 10 8 0 0 18*SPECIAL PROJECT 2 3 0 6 0 0 11

TOTALS 12 9 10 30 1 0 62

* C1P

AGENDA SHEET, PERSONNEL 1TEMS—NOVEMBER 18, 1997



RECOMMENDATION

It is recommended that the Board of Port Commissioners approve/ratify the preceding appointments,amendment of appointment, leave of absence, rescission of appointment; creation ofclassifications/positions, and examination announcements.

Page 4


Agenda SheetSUBJECT: CLOSED SESSION Date: November 18, 1997

Item No. 40

PROGRAM AREA

Airport Operations

SUBMITTED BY: Christopher C. Marshal


EXECUTIVE OFFICE RECOMMENDATION: Maritime Operations

Overall Operations

=ACTUAL BACKGROUND:-

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c)of Section 54956.9: Three cases.



I RESOLUTION

ORDINANCE

—1 INFORMATION ONLY CFCPIFTfiGIV rtp TI-1= cannon

SUMMARY AGENDA OF BOARD CALENDARNovember 18, 1997

AIRPORT

4S Authorization to Sign Agreement with San JoseInternational Airport to Share Equipment at FAATracon. (Resolution)

Recommends approval of the agreement which allowsfor the sharing of Port generated data from theTracon facility.

5S Approval of an Agreement to Extend Right-of-Entryand Indemnity Agreement with National Car RentalSystem, Inc. (Neil Armstrong Way, South Airport).(Resolution)

Recommends approval to extend the ROE to providefor ground monitoring wells.

6S Award of Contract for Installation of Water Mainfor ARFF Facility and Connection of Earhart RoadWater Main, MOIA. (Resolution



11S

Approval of Change Order for Martin Luther KingJr. Regional Shoreline Wetlands Project, IncludingAdditive Alternates B3 and B6. (Resolution)

Recommends approval to issue the change order toprovide for soil additives to accelerate theestablishment of vegetation. Notes that allparties in the consent agreement must review theproposed change.

MARITIME




ORDINANCES:

Port Ordinance No. 3398 being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH GTE MOBILNET OF CALIFORNIA AND DIRECTINGRECORDATION THEREOF."

Provides for approving a lease with GTE.

Summary Agenda of Board CalendarNovember 18, 1997Page 2

Port Ordinance No. 3399 being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OFTERMINAL USE AGREEMENT WITH OCEAN MANAGEMENT, INC.(FESCO)."

Provides for approving a TeLlinal Use Agreementwith Ocean Management, Inc.

Port Ordinance No. 3400 being, "AN ORDINANCEAMENDING PORT ORDINANCE NO. 867 TO ESTABLISH ACERTAIN NEW SALARY SCHEDULES, TO CREATE CERTAINNEW POSITIONS WITHIN EXISTING PORT CLASSIFICATIONSAND TO REVISE SALARY SCHEDULE FOR A CERTAINPOSITION."

Provides for establishing new salary schedules,creating new positions and revising salaryschedule.

Port Ordinance No. 3401 being, "AN ORDINANCEAMENDING SECTION 2 OF PORT ORDINANCE NO. 1660PROVIDING FOR CONTRIBUTIONS TOWARD THE COST OFGROUP DENTAL INSURANCE FOR EMPLOYEES OF THE PORTOF OAKLAND."

Provides for Dental Group insurance for Portemployees.

Airport Operations ci


Maritime Operations

Overall Operations

SUBMITTED BY: Steven J. Grossman 1



Agenda SheetSUBJECT: Recommend Approval of a New Lease with GTE Mobilnet

of California for 144 square feet of Terminal Space andfive (5) antennas.

Date: October 31, 1997

Item No. 3S

PROGRAM AREA

FACTUAL BACKGROUND

GTE Mobilnet of California operates, installs, and maintains wireless telecommunication sites comprising wirelesstelephone, radio and telecommunications services to the public.

GTE Mobilnet of California ("GTE") entered into a Right-of-Entry and Indemnity Agreement (ROE Agreement) withthe Port of Oakland effective February 3, 1997 providing for approximately 200 square feet of Type II terminal spacebetween Column lines 35 and 36 and match lines x and y (including necessary cable, utility runs and utility accessas approved by the Director of Aviation) in lower level of Building M-103, Terminal 1, South Field of the MetropolitanOakland International Airport. Five (5) radio antenna (GPS module/operational test antenna) will be located invarious locations throughout Terminals I and II. This 45 day ROE agreement and two (2) 120 days extension wereapproved until a proposed multi-year Lease could be reviewed by the Port Legal Department, executed andprocessed for approval by the Board of Port Commissioners.

The proposed lease will be for five (5) years. The Lease may be terminated by the Port OF by on a 6 months' noticeand by GTE or on 3 months' notice, subject to certain conditions. The lease allows for a one time option to GTE toextend the term of the Lease, for an additional five (5) year period.

Monthly Rent shall be a total of $2,190 per month, based on $10.00 per square foot for 144 square feet of space and$150.00 per month for five (5) antennas to be placed on the property. The Monthly Rent will be adjusted annually byno less than three percent (3%) based on CPI.

In addition to the Monthly Rent, GTE shall pay to the Port a one-time nonrefundable, administrative fee of TwoThousand Dollars ($2,000) to partially reimburse the Port for administrative costs incurred in connection with thisLease. Prior to commencement of the term of the Lease, GTE shall pay the Port the sum of Seven Thousand FiveHundred Dollars ($7,500) as a security deposit.

The proposed Lease is categorically exempt under the CEQA Guidelines adopted by the Port of Oakland, forimplementation of CEQA, pursuant to Section 15301(b) which exempts minor alteration of existing public utilityfacilities.

Recommendation

It is recommended that the Board give first reading to an ordinance approving the Lease with GTE Mobilnet ofCalifornia as outlined above and authorizing the Executive Director to execute the Lease document on behalf of thePort.


• MOTION BOARD ACTION TAKEN DATE

O RESOLUTION

ORDINANCE





Agenda SheetSUBJECT: New Terminal Use Agreement with

FESCO at Charles P. Howard TerminalDate: October 31, 1997

Item No 22

PROGRAM AREA


I Commercial Real Estatex 1 Maritime Operations


ACTUAL BACKGROUND:-

Russia's Far East Shipping Co. ("FESCO") runs an independent liner service in the Australia - U.S.West Coast trade. FESCO Australia North America Line ("FANAL") presently calls Terminal 3 atthe Port of Richmond. The shipping line offers nine-day frequency service with direct calls atAuckland, Sydney and Melbourne. FANAL has been looking for a more modern marine terminalwhich will provide faster operational turnaround as well as greater flexibility, especially in the areaof access to rail service and has been reviewing facilities at the Port of San Francisco and Oakland.terminal operations.

We have been successful in attracting FANAL to Oakland. Under the proposed Terminal UseAgreement (TUA) FANAL will use the Charles P. Howard Terminal where terminal services willbe provided by Stevedoring Services of America (SSA).

The term of the TUA will be for five years. The Agreement will provide FANAL the option tocancel the TUA at the conclusion of and up until 45 days after each contract year during the term ofthe Agreement. If FANAL elects to exercise this option to cancel the TUA, then it must givewritten notice to the Port no later than 45 days following conclusion of the prior contract year. Ifsuch written- notification of the exercise of the said option is not so given and received, then theoption shall automatically expire for that contract year. All other conditions of the TUA areconsistent with previously approved Terminal Use Agreements with other lines, as follows:

I. Dockage.

The Port will provide FANAL an initial discount of 20% from the prevailing Port Tariff ratesfor dockage at the time vessels activity occurs.

i At the end of the contract year, if FANAL does

not elect to exercise its option to cancel the TUA as outlined above, then FANAL shall receivefrom the Port an additional refund of 10% of the full Port Tariff dockage.

2. Wharfage

Fanal will be subject to a Minimum Annual Guarantee (MAG)/Breakpoint of 4,500 loaded TEUsduring each contract year. FANAL's wharfage presently equates to an estimated Port Tariffamount of $90.00 per loaded TEU. In lieu of this estimated Port Tariff amount, all cargo up tothe MAG/Breakpoint, except containerized autos, will be assessed the fixed wharfage amount of$70.00 per loaded TEU. All cargo which exceeds the MAG/Breakpoint level during the contractyear will be assessed the fixed wharfage amount of $62.00 per loaded TEU. All containerizedautos shall be charged the fixed wharfage amount of $40.00 per container and will count towards

.RD ACTION REQUIRED:

MOTION

RESOLD'

ORDINANCE

INFORMATION ONLY


the MAG/Breakpoint level. The estimated Port Tariff amount and the fixed wharfage amountsshall be subject to future increases at the same percentage and at the same time the wharfage ratesin the Port of Oakland Tariff increase. Additionally, non-containerized cargo will be assessedwharfage at 80% of the prevailing Port Tariff rates as the activity occurs. Each twenty (20)revenue tons of breakbulk cargo will continue to be counted as one (1) TEU and/or fractionthereof.

At the end of each contract year, if FANAL does not elect to exercise its option to cancel theTUA as outlined above, then FANAL shall receive from the Port an additional refund of 10%from the estimated Port Tariff wharfage amount for containerized cargo as well as from the fullPort Tariff amount for containerized automobiles and breakbulk cargo.

We believe the new TUA provides enough incentives for FANAL's cargo volume to increasethrough Oakland.

RECOMMENDATION:

Approval of the Terminal Use Agreement as outlined above. Following the ordinance process,documents will be filed with the Federal Maritime Commission in accordance with the ShippingAct of 1984.

Date: October 31. 1997

Item No. 31

PROGRAM AREA

Airport Operations





- Appointments- Creation of Classifications/Positions- Creation of Salary Schedules- Amendment of Salary Schedule Assignment- Examination Announc ments

SUBMITTED BY: bert C. podaca

EXECUTIVE OFFICE RECOMMEND 10 • harles W. FosterOverall Operations CI

FACTUAL BACKGROUND:

APPOINTMENTS–Resolutinn (1 Reading)


AVIATION

George Turner. Aviation Marketing Manager (Rep. Unit E. Manageme nt). n (includes 4%increase) within Salary Grade 13–The appointment of George Turner to the position of AviationMarketing Manager (exempt from Civil Service) at the salary of $7,462/month, effective Monday,December 1, 1997, fills a budgeted vacant position in the Aviation Division. Mr. Turner will be a newemployee

Leandro U. Denoga, Port Staff Accountant I (Rep. Unit D. Unrepresented). Aviation Division.$3.543/month, rate "a"--The appointment of Leandro U. Denoga to the Civil Service position of PortStaff Accountant I at salary rate "a," $3,543/month, effective Monday, November 24, 1997, fills abudgeted vacant position in the Aviation Division. Mr. Denoga will be a new employee.

Mary McKinley. Airport Security Systems Technician (Rep. Unit A, 1790). Aviation Division.$3,273/month. rate "a"–The appointment of Mary McKinley to the Civil Service position of Airportsecurity Systems Technician at Salary rate "a," $3,273/month, effective Monday, November 10, 1997,accommodates the recommendation of a desk audit to reclassify a Reception Dispatch Clerk positionand redesignate the incumbent. Ms. Mckinley's current salary is $2,653/month. The proposed salary is$3,273/month, a $620/month (23.4%) increase.

David Henning and Nicole D Vaughn. Relief Telephone Operator (Rep. Unit A. 1790), 15.09/hour. Late"a"–The appointments of David Henning and Nicole D. Vaughn to positions of Relief Telephone Operator(exempt from Civil Service) at the hourly wage of $15.09, effective Monday, November 10, 1997, fillstwo budgeted vacant positions in the Aviation Division. Mr. Henning and Ms. Vaughn will be newemployees.


1 . Unit A. 1790). CRE Division. $3.385/month rate "c"–Theappointment of Shirley Stanforth to the Civil Service position of Senior Secretary at Salary rate "c,"$3,385/month, effective November 24, 1997, fills a budgeted position vacated by the incumbent'sresignation. Ms. Stanforth will be transferring from the City.



RESOLUTION

XJ O•UINANCE

0 INFORMATION ONLY SECRETARY OF THE BOARD

Sam Li P ni r • ro r mmer A I Re Unre C iIP oA A :II

cring A3aist=, i.”." • I a rid rcdc:-..igr—t- thz'

AGENDA SHEE1 , PERSONNEL ITEMS--OCTOBER 31, 1997

- CORPORATE ADMINISTRATIVE SERVICES

rate "a"--The appointment of Sam Li to the Civil Service position of Port Senior Programmer/Analyst atsalary rate "a," $4,480/month, effective Monday, November 24, 1997, fills a budgeted vacant positionin the MIS Department of the Corporate Administrative Services Division. Mr. Li will be a newemployee.

Fa' -T sm•kins P n Bn s A s Re U D nre• - - -" avi n$4.134/month, rate "a"--The appointment of Faith Fuller-Tompkins to the Civil Service position ofPayroll and Benefits Analyst at Salary rate "a," $4,134/month, effective Monday, Novenber 10, 1997,accommodates the recommendation of a desk audit to reclassify a Personnel Technician position andredesignate the incumbent. Ms. Fuller-Tompkin's current salary is $3,857/month. The proposed salaryis $4,134/month, a $277/month (7.2%) increase.

ENGINEERING

George W Alston Jr.. Diver (Rep. Unit A. L790). Engineering Division. $5.105/month rate "c"--Theappointment of George W. Alston, Jr., to the position of Diver at salary rate "c," $5,105/month,effective Monday. November 10, 1997, accommodates the reclassification of an Engineering Assistantposition and the redesignation of the incumbent in the negotiated agreement between Local 790 and thePort.

Delphine Prevost Junior Environmental Planner (Re p . Unit D. Unrepresented). Engineering Division $3.543/month. rate "a"--The appointment of Delphine Prevost to the Civil Service position of JuniorEnvironmental Planner at salary rate "a," $3,543/rnonth, effective Monda, November 10, 1997, fills abudgeted vacant position in he Environmental Department of the Engineering Division. This position wasdowngraded from an Associate Port Environmental Planner position. Ms. Prevost will be a newemployee.

FINANCE

Sterlin L k Po lOr Fi a 1 An R- • U D re " r eu ed Fin. ' e Divi n$4 841/month. rate "a"--The appointment of Sterling Luke to the Civil Service position of Port SeniorFinancial Analyst at salary rate "a.," $4,841/month, effective Monday, November 24, 1997, fills abudgeted vacant position in the Finance Division. Mr. Luke will be a new employee.

Ysm I S ma a P S aff un an • - • U D re °r - Fin . 1 - ViSi n$3 543/month. rate "a"--The appointment of Ysmael G. Sumabat to the Civil Service position of PortStaff Accountant I at salary rate "a," $3,543/month, effective Monday, November 10, 1997, fills abudgeted vacant position in the Finance Division and promotes Mr. Sumabat from a Senior AccountClerk position. Mr. Sumabat's current salary is $3,416/month. The proposed salary is $3,543/month, a$127/month (3.7%) increase.

Bobbie Hall Johnson Intermediate Typist Clerk (Rep. Unit A L790) Finance Division $2 658/month rate "c"--The appointment of Bobbie Hall Johnson to the Civil Service position of Intermediate TypistClerk at salary rate "c," $2,658/month, effective Wednesday, November q 2, 1997, fills a new positionin the Finance Division that was approved in the FY 97-98 budget. Ms. Johnson will be transferringfrom the City of Oakland.

CREATION OF CLASSIFICATIONS/POSITIONS--Ordinance (2 Readings)


AVIATION

ineuiRatvaRt.

Page 2

- - - - - • • - • • • • • • -.F.11""UM•12=1:1:r.':=1;iiii=

AGENDA SHEET, PERSONNEL ITEMS–OCTOBER 31, 1997

BG7 (d *471G, 4'4047; c $5201; d 15505; t 15821) r• n m m n ri ~Pc thP rprnmmpnriatinn nf a- •

One Additional Position of Commercial Representative V (Rep. Unit D. tAnrepresented)–Creation of anadditional position accommodates an employee promoted in the Board meeting of September 16, 1997.

ENGINEERING

Diving Supervisor (Rep. Unit F. IBEW). One Position--Creation of this Civil Service classification andposition at Salary Schedule 105.80 (a–$494O; b--$5189; c--$5452; d--$5765; e--$6097)accommodates the negotiated agreement between IBEW and the Port.

One Additional Position of Assistant Port Environmental Scientist (Rep. Unit D. Unrepresentedl–Creationof an additional position accommodates a future appointment to the new position approved in the FY97-93 budget.

Two Additional Positions of Associate Port Environmental Scientist (Rep. Unit D. Unrepresented)--Creation of two additional positions accommodates future appointments to two new positions approvedin the FY 97-98 budget.

One Additional Position of Port Electrician JLnal–Creation of an additional positionaccommodates an employee appointed in the Board meeting of September 16, 1997.

EXECUTIVE OFFICE

One Additional Position of Port Field Re presentative I (Rep. Unit D. Unrepresented)--Creation of anadditional position in the Governmental Affairs Department accommodates a future appointment to thenew position approved in the FY 97-98 budget.

MARITIME

D c n n S a isf ^n~( --Traff R re e ' a "v- I Re Uni nre ThrPositions--Creation of this classification (exempt from Civil Service) and three positions at SalarySchedule 237 (a--$3953; b--$4152; c--$4359; d--$4620; e--$4897) accommodates the proposedpromotions of three employees approved in the FY 97-98 budget.

Trade Research Analyst–Marine Commercial Representative II (Rep. Unit D. Unrepresented). One Position–Creation of this classification (exempt from Civil Service) and position at Salary Schedule 237(a--$3950; b--$4152; c--$4359; d--$4620; e--$4897) accommodates the proposed promotion of anemployee approved in the FY 97-98 budget.

S ni -no - n -T f' n nr r - - • OnPosition--Creation of this classification (exempt from Civil Service) and position at Salary Schedule262.5 (a--$5096; b--$5350; c–$5619; d--$5956; e--$6312) accommodates the proposed promotion ofan employee approved in the FY 97-98 budget.

One Additional Position of Port Electrician (Rep. Unit B. L7901–Creation of an additional positionaccommodates a future appointment to a new position approved in the FY 97-98 budget.

CREATION OF SALARY SCHEDULE--Ordinance (2 Readings)

It is requested that the Board ratify the creation of Salary Schedule 101.60 (a-44448; h--$4673; c--$4909; d--$5191; e--$5490) effective retroactively to May 20, 1997, to coincide with the assignmentof this Salary Schedule to the classification of Diver (Rep. Unit B) created at that time.

It is requested that the Board approve the creation of Salary Schedule 105.80 (a–V1-940; b–$5189; c-$5452; d--$5765; e--$6097) to accommodate the assignment of this Salary Schedule to DivingSupervisor (requested its creation earlier in this agenda).

Page 3

AS OF AS OF2/1/91 11/5/96

AS OF AS OF10/21/97 10/31/97

EMPLOYEES

Full-Time Employees 619.00 FTE 543.00 FTE 534.00 FTE 533 00 FTEr cPart-Time Employees 2.13 FTE 3.00 FTE 2.50 FTE 2.50 FTERelief Telephone Operators 2.98 FTE 3.00 FTE 3.00 FTERelief Airport Custodians (PIT) 11.00 FTE*

10.00 FTE

Relief Airport Custodians 0.00 FTE(Intermittent, P/T)

0.00 FTE8.00 FTE 8.00 FTE

0.00 FTE


AGENDA SHEci, PERSONNEL ITEMS–OCTOBER 31, 19V7

AMENDMENT OF SALARY SCHEDULE ASSIGNMENT--Ordinance (2 Readings).

It is requested that the Board approve the amendment of salary schedule assignment for theclassification of Wharfinger (Rep. Unit A, L790) from the current monthly compensation (a--$4377; b--$4594; c--$4824; d--$5100; e-45397) to the same monthly compensation fixed in Section 9.01 of PortOrdinance 867 (a--$5089; b--$5299; c--$5567; d--$5865; e-46173) to accommodate therecommendation of a desk audit.



Properties Assistant (Rep. Unit D, Unrepresented, Open)Port Maintenance Foreman (Rep. Unit F, IBEW, Promotional)Airport Operations Supervisor, Airside (Rep. Unit F, IBEW, Open)Associate Port Environmental Planner (Rep. Unit D, Unrepresented, Open)Port Environmental Assessment Supervisor (Rep. Unit D., Unrep., Restricted)

CURRENT EMPLOYEE COUNT FY 97-98 BUDGETED FTE: 585.80 FTE

* Statistical breakdown of various Reliefs was not available during this pgriod.

** Count decrease due to the retirement of a Port Senior Equipment Mechanic.


CATEGORY UNIT UNIT UNIT UNIT UNIT UNIT TOTALA B C D E F

BACKFILL 9 5 0 14 1 0 29

MEDICAL BACKFILL 2 1 0 2 0 0 5WORKER'S COMP

1 1 0 0 0 0 2BACKFILL* CIP 0 0 10 8 0 0 18* SPECIAL PROJECT 1 3 0 5 0 0 9

TOTALS 13 10 10 29 1 0 63


RECOMMENDATION

It is recommended that the Board of Port Commissioners approve/ratify the preceding appointments,creation of classification/positions, creation of salary schedule, amendment of salary scheduleassignment, and examination announcements.

Page 4



U


MOTION

ntw../LU

ORDINANCE

INFORMATION ONLY


SECRETARY OF THE Rneran


Agenda SheetSUBJECT: APPROVAL TO ENTER INTO CONTRACTS WITH

DELTA DENTAL AND CONSUMER DENTAL ANDTO TERMINATE MET LIFE, EFFECTIVEJANUARY 1, 1998

FACTUAL BACKGROUND:

Date. October 31, 1997

Item No. 34

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

Prior to 1995, the Port provided dental benefits to Port employees through a self-fundedarrangement between the City of Oakland and Travelers Insurance Company. In 1995,Metropolitan Life Insurance Company ("Met Life") purchased Travelers. Thereafter, Portemployees received dental benefits under the terms of a self-funded arrangement establishedpursuant to Administrative Services Agreement between the City of Oakland and Met Life.Although under the Met Life contract, employees were to receive benefits identical with thosepreviously provided by Travelers, the experience with Met Life has been swamped withadministrative difficulties. As a result, the Port with employee and Union input, began a processof reviewing alternate providers for the Port's dental benefits program who would providebenefits equal to those established under the Travelers plan.

Below is a summary of Plan providers and their respective costs:

Although First Health and Guardian would provide services at a lower overall cost to the Portthan Met Life, their network of dentists was not deemed sufficiently extensive to justify furtherconsideration. The provider with the next highest cost is Delta Dental. Delta Dental has themost extensive network of participating dentists of those considered. In addition, Delta agreed torevise their contract by providing a no-loss no-gain clause. This clause states that eligibleemployees will not be penalized or lose benefits attained under the dental plan previouslyprovided by Travelers. In addition, eligible employees will not gain benefits as a result ofenrollment under Delta Dental's plan.

Consumer Dental ("Golden West"), which operates on the same principle as an HMO and hasprimary care facilities locally in Oakland and eleven other Bay Area cities, has submitted aproposal to provide dental and orthodontia care at their facilities. These services would beprovided with no deductible costs to employees for preventive care at a monthly premium costsof $53.25 per participating employee, including dependents. Services by Consumer Dentalwould not be under a self-funded arrangement. The maximum benefits to employees would bethe same as was provided under the Travelers Plan. This plan is attractive financially, butbecause services may only be provided by the dentists at Consumer Dental's primary carefacilities, it is limited in its utility to the majority of employees. Nevertheless, Consumer Dentalhas offered to provide their services at the optional election of employees.

The contracts with these providers include brokerage commissions to Saylor and Hill at 2% ofadministrative fees under Delta Dental's plan and 2% of premiums under Consumer Dental'splan. Saylor and Hill provides consulting/brokerage services in support of the Port's ongoingmanagement of insurance contracts in force, including: strategic planning, marketing, marketmonitoring and access, renewals, ongoing plan monitoring, and government compliance.

It is recommended that the Board approve execution of the forgoing contracts with Delta Dentaland Consumer Dental at the rates indicated above, and terminate Met Life, effective January 1,1998.




MOTION

A RESOLUTION

0ORDINANCE

LI INFORMATION ONLY p,6,3ar-htil SECRETARY OF THE BOARD

Nov 1 8 1997

DATE


Agenda SheetSUBJECT: Authorization to Sign Agreement with San Jose Date: November 18, 1997 International Airport to Share Equipment at FAA TRACON 4 SItem No.

PROGRAM AREA

[X] Airport Operations




FACTUAL BACKGROUND:

One component of the Airport Noise and Operations Monitoring System is computer equipment installed atthe FAA Bay TRACON facility which allows the Airport to receive flight operations data directly from theFAA. (Our equipment is connected to the FAA's Flight Data Input/Output (FDIO) equipment.) San JoseInternational Airport received permission from the FAA to obtain the same data from the FDIO that we arecurrently receiving and asked us to allow them to share the use and costs of the equipment we have installedat the TRACON. We have agreed to their request, and in exchange San Jose has agreed to pay the Port one-half of the original cost of the equipment plus half of any future maintenance or repair fees. The purchaseprice of our equipment, including installation, was $50,000; therefore, San Jose would pay the Port $25,000.

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to enter into an Agreement with SanJose International Airport that allows them to share the computer equipment we have installed at FAA BayTRACON in exchange for their sharing the cost of the purchase and maintenance of the equipment.

0 MOTION

0 RESOLUTION

p ORDINANCE

0 INFORMATION ONLY



Agenda SheetSUBJECT: Approval of an Agreement To Extend Right-of-Entry

and Indemnity Agreement With National Car RentalSystem, Inc. (Neil Armstrong Way, South Airport)

SUBMITTED BY: Steven J. Grossman 4EXECUTIVE OFFICE RECOMMENDATION • P*

Date: November 18. 1997

Item No. 5S

PROGRAM AREA

Airport Operations


Maritime Operations


FACTUAL BACKGROUND:

National Car Rental System, Inc. ("National") entered into a one-year Right-of-Entry and Indemnity Agreement ("ROE")with the Port of Oakland effective September 9, 1996 providing for the installation and operation of three ground watermonitoring wells on its service facility site located on Neil Armstrong Way, South Airport, Metropolitan OaklandInternational Airport. No monetary consideration is imposed under this agreement.

In order to continue to meet Alameda County's regulatory requirements for evaluation of the concentrations ofdissolved petroleum in the ground water and the assessment of the ground water gradient at the site, National isrequesting an extension of its ROE agreement through September 8, 1998.

This project has been categorically exempt from requirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals, extensions oramendments to leases or license and concession agreements where the premises or licensed activity was previouslyleased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

RECOMMENDATION:

It is recommended that the Board pass a resolution approving the above-described Agreement to Extend Right-of-Entry and Indemnity Agreement with National Car Rental System, Inc.

c:Vnydocs\boarchnatxro.doc

Akriicrww -Aof wizeureeBOARD ACTION REQUIRED: NOV 1 8 1997

BOUNDARY OFASSIGNED AREA

SERVICE FACILITY SITE(NEIL ARMSTRONG WAY, SOUTH AIRPORT)

FEDERALEXPRESS '

irrn: BLDG.

OaklandInternational Airport

South AirportMap Not to Scale

Board of Port CommissionersCalendar item

Approval of an Agreement To Extend Right-of-Entryand Indemnity Agreement With National Car RentalSystem, Inc. (Neil Armstrong Way, South Airport)

NATIONAL CAR RENTAL SYSTEM, INC.MONITORING WELLS

SUBJECT:

BIDDERS LOCATION TOTAL BID PRICE

McGuire and Hester Oakland, CA $404,404.00

Shaw Pipeline, Inc. San Francisco, CA

Fee Construction, Inc. Livermore, CA

C. Overaa & Co. Richmond, CA $522,011.20

D. R. Lemings Construction $539,815.00Concord, CA

Diablo Contractors, Inc. $541,175.00San Ramon, CA

EA! International $569,658.00Fairfield, CA

Bay Pacific Pipelines, Inc.

M.J.B. Pipeline Mt. Eden, CA

Novato, CA

$423,945.00

$448,350.00

d68 41 5,

$489,840.00

Pacific Boring, Inc. Boring and Jacking

Caruthers, CA $ 15,000

ETHNICITY DBE. DOLLAR AMOUNT OF(if DBE) EACH SUBCONTRACTOR'S

BID TO PRIMECONTRACTOR

SUBCONTRACTORS SUBCONTRACTING AREA

LOCATION

Bay Line ConstructionSaw Cutting

Oakland, CA Hispanic X $ 1,500

M. C. Construction Welding

El Sobrante, CA Hispanic X $ 6,500

xjBOARD AC ON TAKEN DATE

4--47,-/--- --9---1-.-

Alc ra? SECRETARY OF THE BOARD


n MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

AEM,V'Pl 714';5r XagE4IN -z.;-

7NOV j- 8 1997


Agenda SheetAward of Contract for Installation of WaterMain for ARFF Facility and Connection ofEarhart Road Water Main, MOIA


Item No 6S

PROGRAM AREASUBMITTED BY: Joseph K. Wong er^-,


FACTUAL BACKGROUND:

I x Airport Operations


Maritime Operations

Overall Operations

Nine bids were received and opened on October 31, 1997, for INSTALLATION OF WATER MAIN FOR AIRCRAFT RESCUE AND FIREFIGHTING FACILITY AND CONNECTION OF EARHART ROAD WATER MAIN, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA, A.I.P. 3-06-0170-12. The following bids were received:


Since the funding for this project includes Federal money, the Federal Disadvantaged Business Enterprise (DBE) regulations apply.

McGuire and Hester listed three subcontractors with their bid. Two of the subcontractors are DBEs performing a total of 2% of the work.McGuire and Hester did not achieve the 18% DBE participation goal for this contract. The Port's Office of Equal Opportunity hasreviewed the "good faith effort" documents submitted by McGuire and Hester, and has determined that McGuire and Hester has metthe "good faith effort" guidelines established. Accordingly, it is recommended that they be considered to be a responsible bidder forthe purposes of this contract.

Award of Contract ror Installation of WaterMain for ARFF Facility and Connection ofEarhart Road Water Main, MOIA

November 18, 1997Page 2

The Capital Budget for Fiscal Year 1997-98 provides for this work under CIP Item No. A2.00374.03 (ARFF Facility) and CIP Item No.A1.00378.01 (Earhart Reconstruction Project). Both projects will be funded by a combination of Passenger Facility Charges (PFC) andAirport Improvement Program Grants. Award of the contract is contingent upon FAA approval. The location of the work is shown onthe attached map.

RECOMMENDATION:

It is recommended that McGuire and Hester be found to be a responsible bidder, that the contract for the above project be awardedto McGuire and Hester for the amount of its low bid, that the other bids be rejected, and the bid securities be returned to the respectivebidders.

METROPOLITAN OAKLANDINTERNATIONAL AIRPORT

ARFA I Akin AREA lA

PORT OF OAKLAND1470.1:44.■.4-14:7" 530 WATER STREET OAKLAND, CALIFORNIA

Awarc f Contract for Installation of ..dterMain for ARFF Facility and Connection ofEarhart Road Water Main, MOIA

November .8, 1997

SUBMITTED BY: Joseph K. Wong owEXECUTIVE OFFICE RECOMMENDATION•


pi MOTION

RESOLUTION

ORDINANCE


ac' BOARD ACTION TAKEN


--a/9SUBJECT: Approval of Change Order

for Martin Luther King Jr.Regional Shoreline Wetlands Project,Including Additive Alternates B3 and B6

Date:

November 18, 1997

Item No. 11S

PROGRAM AREA Airport Operations

Commercial Real Estate Maritime Operationsn Overall Operations

FACTUAL BACKGROUND:

The Port has a contract with Fanfa, Inc. to construct the MARTIN LUTHER KING JR. REGIONAL SHORELINEWETLANDS PROJECT, OAKLAND, CALIFORNIA, INCLUDING ADDITIVE ALTERNATES B3 AND B6, whichbecame effective on August 4, 1997. The project is to create an approximately 71.5-acre wetland complex at theDistribution Center. The work involves excavating and grading existing fill; breaching the outboard levee; andconstructing a pedestrian bridge and various improvements . The location of the work is shown on the attached map.

The project is part of a litigation settlement regarding the Distribution Center and the Airport. The settlement wasapproved on August 9, 1994, when the Board approved two Consent Decrees setting forth the terms of the settlement.Under the Consent Decrees, the Port committed to spend $2.1 million (partially subject to inflation) to plan, design, andconstruct the wetland mitigation project. Since the costs anticipated to perform that work, including the constructioncontract, are below that amount, the other parties to the Consent Decrees have requested that the remaining funds beused to perform additional work at the site. The request is consistent with the intent of the decrees.

Following is the list of the Consent Decree parties:

1) Golden Gate Audubon 5) Regional Water Quality Control

2) Sierra Club

6) Army Corps of Engineers3) Save SF Bay Association

7) East Bay Regional Park District

4) Citizens for Alameda's Last Marshlands

The Consent Decree parties have requested that the site be treated with soil amendment to accelerate theestablishment of vegetation.

The Contractor has submitted a proposal and a price not to exceed $165,000 to perform all the work and hasrequested twenty (20) calendar days additional contract time. All change orders to the construction contract aresubject to concurrence by the parties to the Consent Decrees. The Consent Decree parties are now reviewing theproposal and price. It is possible that the scope and cost of the work may be reduced. This change order is beingsubmitted now to save time in subsequently issuing the change order, since it is critical that the work commencebefore the expected heavy rainy season. If the Consent Decree parties approve a reduced scope and price, thechange order will be issued for the reduced amount.

RECOMMENDATION:

It is recommended that the Board authorize the Chief Engineer to negotiate a change order with Fanfa, Inc. for anamount not to exceed $165,000.

Approval of Change Order forMartin Luther King, Jr. Regional Shoreline Wetlands Project,Oakland, California

Nov. 18, 1997

PORT OF OAKLANDFILE Fe■ATLAS \AREAMAPS \LI-AREA

NORTH AIRPORTAREA Lk DATE

SCALE

SUBJECT: Award of Contract for Demolition ofBuilding D-413, Harbor TransportationCenter


25 S Item No.

PROGRAM AREA

I I

x I



Airport Operations


Maritime Operations

Overall Operations

Phillip Environmental ServicesCorporation

Seattle, WA $779,536.40

Clauss Construction

R&B Equipment, Inc. Hayward, CA

Evans Brothers, Inc. Livermore, CA

BIDDERS

LOCATION

La Mesa, CA

TOTAL BID PRICE

$335,710.00

$346,625.00

$382,700.00

Oakland, CA

LVI Environmental Services, Inc. Oakland, CA

Randazzo Ent., Inc. Castroville, CA

Ferma Corporation Mountain View, CA

Oakland, CA

Vacaville, CA

Oakland, CA

$418,290.00

$427,981.75

$435,612.00

$448,935.00

$502,162.00

$548,321.00

$695,000.00

Covey Trucking, Co.

nrIn rn, Inc.

San Mateo, CA $396,392.00

Aman Environmental Construction

Cal Inc.

Willie Electric Co., Inc.

NOV 1 8 1997

rosolewarr SECRETARY OF THE BOARD


MOTION

RESOLUTION

ri ORDINANCE

INFORMATION ONLY

atypS,771r3r 101:1411:412,


Agenda Sheet

FACTUAL BACKGROUND:

Twelve bids were received and opened on October 22, 1997, for DEMOLITION OF BUILDING13-413, HARBOR TRANSPORTATIONCENTER, OAKLAND, CALIFORNIA. The followina bids were received:


The second low bidder, Evans Brothers, Inc. (Evans), protested the bid submitted by R&B Equipment, Inc. (R&B). Evans claimed thatthe electrical subcontracting work for this project would cost in excess of 1/2 of 1% of R&B's bid; and therefor, in accordance withSection 4106 of the Public Contract Code, R&B would be required to list the electrical subcontractor on the List of Subcontractorssubmitted with their bid. R&B did not list an electrical subcontractor. R&B was contacted and asked to respond to the Evans' claim.R&B stated that they interpreted the contract documents, such that, most of the electrical disconnection work would be done by the Portof Oakland. The remaining electrical work was relatively minor and the electrical subcontractor's work equated to less than 1/2 of 1%of R&B's bid. As a result, R&B was satisfied with their bid documents and see no error. Port staff concurs.

The Port's new Non-Discrimination and Small/Local Business Utilization Policy was incorporated into the contract documents after thisproject went to the Board for approval to advertise for bids. Consequently, the Port's past Affirmative Action Provisions apply for thiscontract. Prospective bidders prepared their bid packages and supporting documentation in accordance with these provisions; and,accordingly, the Office of Equal Opportunity's analysis below is based upon these provisions.

Asian $24,300.00Paki TruckingTrucking

San Pablo, CA

SUBCONTRACTORS LOCATION ETHNICITY MBE WBE LBAE DOLLAR AMOUNTSUBCONTRACTINGAREA (if MBE) OF EACH SUBCON-

TRACTOR'S BID TOPRIMECONTRACTOR

Coastwide Environ. Tech Watsonville, CA HispanicAsbestos & Lead PaintAbatement

X $58,170.00

Mark Harrison Grading, Inc.Grading

Los Altos, CA African-American X $ 5,700.00

Brooks Trucking Co.Dust Palliative

Brentwood, CA X $ 2,100.00

Award of Contra ir Demolition ofBuilding D-413, Harbor TransportationCenter, Oakland, California

November 18, 1997Page 2

R&B listed four subcontractors with their bid, two of which are Minority Business Enterprise (MBE) contractors performing 19.0% of thework. Additionally, R&B listed a minority-owned trucking company which will perform approximately 7.3% of the work for a total MBEparticipation of 26.3%. Accordingly, it is recommended that R&B Equipment, Inc. be considered to be a responsible bidder for thepurposes of this Contract. The Port's Office of Equal Opportunity concurs in this recommendation.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. M6.00543.01. The funding source is Port bonds.The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that R&B Equipment, Inc. be found to be a responsible bidder, that the contract for the above project be awardedto R&B Equipment, Inc. for the amount of its low bid, and that the other bids be rejected and the bid securities returned to the respectivebidders.

Award of Contractfor Demolition of Building D-413,Harbor Transportation Center

Nov. 18, 1997

PORT OF OAKLAND I HARBOR TRANSPORTATION CENTER

AREA D

COMMISSIONERS









TELEPHONE (510) 272-1100




CALENDARAdjourned Regular Meeting of the Board of Port Commissioners

Friday, October 31, 1997, 2:30 p.m.

ROLL CALL:


READING OF THE MINUTES: (Deferred)

Special meeting of September 2, 1997 to bedeferred; regular meeting of September 16; regularmeeting of October 7; and regular meeting ofOctober 21, 1997.


See Item 40





9 Items.



AIRPORT



3S Recommend Approval of a New Lease with GTEMobilnet of California for 144 Square Feet ofTerminal Space and Five (5) Antennas. (Ordinance)

4S Approval of Lease Modification/Supplement with theUnited States of America, Department ofTransportation, Federal Aviation Administration(#1 Airport Drive, South Airport). (Resolution)

5S Approval of First Supplemental Agreement withExisting Tenant Trans-Box Systems, Inc. (8250Boeing, 1080 Beachy and 1090 Beachy, NorthAirport). (Resolution)

6S Approval of New License and concession Agreementwith I.S.B.A., Inc. dba Oakland Flyers (8053Earhart Road, North Airport). (Resolution)

7S Approval of Lease Supplement with the UnitedStates of America, Department of Transportation,Federal Aviation Administration (Building L-904,North Airport). (Resolution)


11 Adoption of a Mitigated Negative Declaration andApproval of Plans and Specifications for theDemolition of Buildings G-301, G-302, G-303 and G-305, Inner Harbor. (Resolution)

2


MARITIME

21 Approval to Dispense with Formal Bids forConstruction and Installation of Container Cranesat Berths 55 and 56. (Resolution)

22 New Terminal Use Agreement with FESCO at CharlesP. Howard Terminal. (Ordinance)

23 Resolution Supporting Port's Expression ofInterest in Public Benefit Conveyance for Port Useof Oakland Army Base. (Resolution)

24 Amendment of Compensation Provisions for Wharfagethrough Supplemental Agreements with APL, TraPacand Hyundai Merchant Marine. (Resolution)



27S Approval of Right of Entry, Indemnity andExtension Agreement with Caltrans for Landscapingon Radio Road. (Resolution)

OPERATIONS

31 Personnel Items: Appointments; Creation ofClassifications/Positions; Creation of SalarySchedules; Amendment of Salary ScheduleAssignment; and Examination Announcement.(Resolutions and Ordinance)

32 Purchase of New Vehicles and Equipment and Sale ofSurplus Vehicle. (Resolution)

33 Authorization to Purchase Network Servers,Backbone and Routing Equipment, Port-Wide ClientSoftware and to Upgrade the HP-3000 BusinessComputer. (Resolution)

34 Approval to Enter into Contracts with Delta Dentaland Consumer Dental and to Terminate Met-Lifeeffective January 1, 1998. (Resolution andOrdinance)

35S Approval of Specifications for Annual Contract forPerforming Emergency Spill Response or EmergencyRepairs in a Hazardous Environment for Port ofOakland Facilities. (Resolution)

3


CLOSED SESSION


Vote on the following Resolutions except Numbers 9 through 17:Ayes: Commissioners Cole, Harris, Lockhart, Loh

and Vice President Kramer - 5Noes: NoneAbsent: Commissioner Taylor and President Ortiz - 2

Vote on Resolutions Numbered 9 through 17:Ayes: Commissioners Cole, Harris, Kramer, Lockhart,

Loh and President Ortiz - 6Noes: NoneAbsent: Commissioner Taylor - 1

RESOLUTIONS:

1 97325

2 97326

3 97327

AUTHORIZING, APPROVING AND EXECUTING A LEASEMODIFICATION/SUPPLEMENTAL WITH THE UNITED STATESOF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERALAVIATION ADMINISTRATION. (Airport - 4S)

APPROVING AND AUTHORIZING EXECUTION OF FIRSTSUPPLEMENTAL AGREEMENT TO LICENSE AND CONCESSIONAGREEMENT WITH TRANS-BOX SYSTEMS, INC. LOCATED AT8260 BOEING STREET, 1080 AND 1090 BEACHY STREET,NORTH AIRPORT, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA. (Airport - 5S)

APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH I.S.B.A.,INC., DOING BUSINESS AS OAKLAND FLYERS.(Airport - 6S)

97328 AUTHORIZING, APPROVING AND EXECUTING A LEASESUPPLEMENT WITH THE UNITED STATES OF AMERICA,DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATIONADMINISTRATION. (Airport - 7S)

5 97329

6 97330

CERTIFYING CONSIDERATION OF INITIAL STUDY ANDMITIGATED NEGATIVE DECLARATION FOR DEMOLITION OFBUILDINGS G-301, G-302, G-303 AND G-305, 321EMBARCADERO, OAKLAND, CALIFORNIA, FINDING NOSUBSTANTIAL EVIDENCE OF SIGNIFICANT EFFECT ON THEENVIRONMENT, APPROVING THE MITIGATED NEGATIVEDECLARATION, APPROVING PLANS AND SPECIFICATIONSFOR DEMOLITION OF BUILDINGS G-301, G-302, G-303AND G305, INNER HARBOR, AND CALLING FOR BIDSTHEREFOR. (Commercial Real Estate - 11)

APPROVING PLANS AND SPECIFICATIONS FOR DEMOLITIONOF BUILDING D-513, HARBOR TRANSPORTATION CENTER,OAKLAND, CALIFORNIA, AND CALLING FOR BIDSTHEREFOR. (Maritime - 25S)

4


7 97331

8 97332

9 97333

10 97334

11 97335

APPROVING AND AUTHORIZING EXECUTION OF A RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT WITH THE STATE OFCALIFORNIA (EXTENSION OF TERM OF TEMPORARYCONSTRUCTION EASEMENT AND RIGHT OF ENTRY FORLANDSCAPING PURPOSES IN VICINITY OF BAY BRIDGETOLL PLAZA). (Maritime - 27S)

APPROVING SPECIFICATIONS FOR ANNUAL CONTRACT FORPERFORMING EMERGENCY SPILL RESPONSE OR EMERGENCYREPAIRS IN A HAZARDOUS ENVIRONMENT FOR PORT OFOAKLAND FACILITIES FOR THE PERIOD COMMENCINGJANUARY 1, 1998 AND ENDING DECEMBER 31, 1998, 1999OR 2000, OAKLAND, CALIFORNIA, AND CALLING BIDSTHEREFOR. (Operations - 35S)

FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO CONTRACT FOR CONSTRUCTIONAND INSTALLATION OF CONTAINER CRANES AT BERTHS 55-56, WITHOUT COMPETITIVE BIDDING AND AUTHORIZINGSOLICITATION OF PROPOSALS FROM PREQUALIFIEDMANUFACTURERS. (Maritime - 21)

SUPPORTING PORT'S EXPRESSION OF INTEREST IN PUBLICBENEFIT CONVEYANCE FOR PORT USE OF OAKLAND ARMYBASE. (Maritime - 23)

APPROVING AND AUTHORIZING EXECUTION OF AMENDMENTSTO TERMINAL ASSIGNMENT AGREEMENTS WITH AMERICANPRESIDENT LINES, LTD. AND TRANS PACIFIC CONTAINERSERVICE CORPORATION AND AMENDMENT TO TERMINAL USEAGREEMENT WITH HYUNDAI MARINE CO., LTD.(Maritime - 24)


13 97337

14 97338

15 97339

APPROVING EXAMINATION ANNOUNCEMENTS FOR THEPOSITIONS OF PRQPERTIES ASSISTANT, PORTMAINTENANCE FOREMAN, AIRPORT OPERATIONSSUPERVISOR, AIRSIDE, ASSOCIATE PORT ENVIRONMENTALPLANNER AND PORT ENVIRONMENTAL ASSESSMENTSUPERVISOR. (Operations - 31)

FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO PURCHASE NEW VEHICLES ANDEQUIPMENT AND AUTHORIZING THE EXECUTIVE DIRECTORTO SELL SURPLUS VEHICLES AND EQUIPMENT.(Operations - 32)

FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO PURCHASE AND INSTALLCOMPUTER EQUIPMENT AND SOFTWARE WITHOUTCOMPETITIVE BIDDING. (Operations - 33)

5


16 97340 FINDING AND DETERMINING THAT PROPOSED CONTRACTSWITH DELTA DENTAL PLAN OF CALIFORNIA AND WITHGOLDEN WEST HEALTH PLAN FOR DENTAL COVERAGE FORELIGIBLE PORT EMPLOYEES THAT SUBSCRIBE FOR DENTALCOVERAGE UNDER EITHER PLAN, AND FOR THEIRDEPENDENTS CONSTITUTE CONTRACTS FOR PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF SAID AGREEMENTS FORSAME. (Operations - 34)

17 97341 COMPROMISING AND SETTLING CLAIM OF YU MEI MA; LAIYING ZENG YAU; LI KUAN ZENG; MEI LAND ZENG; FANQUING ZENG; FAN RONG ZENG; AND THE ESTATE OF GUOFU LIANG. (Closed Session - 40)

Vote on the following ordinances except Numbers 1 and 7:Ayes: Commissioners Cole, Harris, Kramer, Lockhart,

Loh and President Ortiz - 6Noes: NoneAbsent: Commissioner Taylor - I

Vote on Ordinance No. 1:Ayes: Commissioners Cole, Harris, Lockhart, Loh

and President Ortiz - 5Noes: Commissioner Kramer - 1Absent: Commissioner Taylor - 1

Vote on Ordinance No. 7:Ayes: Commissioners Cole, Harris, Lockhart, Loh

and Vice President Kramer - 5Noes: NoneAbsent: Commissioner Taylor and President Ortiz - 2

ORDINANCES:

1

Port Ordinance No. 3390 being, "AN ORDINANCEADDING SECTION 1.3399 TO PORT ORDINANCE NO. 867FIXING THE COMPENSATION OF CERTAIN EMPLOYEES OFTHE PORT DEPARTMENT."

Final.

2

Port Ordinance No. 3393 being, "AN ORDINANCEAMENDING SECTIONS 2, 9, 10.1, 10.2, 10.3 PND 10.12OF PORT ORDINANCE NO. 1149 RELATING TO CHARGES FORUSE OF FACILITIES AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT."

Final.

3

Port Ordinance No. 3394 being, "AN ORDINANCEGRANTING AND AUTHORIZING EXECUTION OF AN EASEMENTTO EAST BAY MUNICIPAL UTILITY DISTRICT."

Final.

6


4 Port Ordinance No. 3395 being, "AN ORDINANCEFORMULATING AND ESTABLISHING CONDITIONS ANDPROCEDURES FOR THE CONDUCT AND REGULATION OFEVENTS HELD IN JACK LONDON SQUARE PORTION OF THEPORT AREA."

Final.


APPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH AM-PM SERVICE CO. AND DIRECTING RECORDATIONTHEREOF."

Final.


APPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH ORO SPANISH BROADCASTING, INC. AND DIRECTINGRECORDATION THEREOF."

Final.

Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH GTE MOBILNET OF CALIFORNIA AND DIRECTINGRECORDATION THEREOF."



APPROVING AND AUTHORIZING THE EXECUTION OFTERMINAL USE AGREEMENT WITH OCEAN MANAGEMENT, INC.(FESCO)."



AMENDING PORT ORDINANCE NO. 867 TO ESTABLISHCERTAIN NEW SALARY SCHEDULES, TO CREATE CERTAINNEW POSITIONS WITHIN EXISTING PORT CLASSIFICATIONSAND TO REVISE SALARY SCHEDULE FOR A CERTAINPOSITION."


10. Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 2 OF PORT ORDINANCE NO. 1660PROVIDING FOR CONTRIBUTIONS TOWARD THE COST OFGROUP DENTAL INSURANCE FOR EMPLOYEES OF THE PORTOF OAKLAND."


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, November 18, 1997,at 3:00 p.m.

7

Sik-PPP.07.r_Tng110,BOARD ACTION REQUIRED:

29 OCT 3 1 1997

0 MOTION

RESOLUTION

j ORDINANCE

El INFORMATION ONLY


SECRETARY OF THE BOARD.


Agenda Sheet

SUBJECT: Adoption of a Mitigated NegativeDeclaration and Approval of Plansand Specifications for the Demolitionof Buildings G-301, G-302, G-303 andG-305, Inner Harbor

SUBMITTED BY: Joseph K. Wong ?AA-)EXECUTIVE OFFICE RE MEND TION:

Date: October 31, 1997Item No. 11PROGRAM AREA





FACTUAL BACKGROUND:

Plans and specifications have been prepared for the DEMOLITION OF BUILDINGS G-301, G-302, G-303 AND G-305,INNER HARBOR, and are hereby submitted for approval and authorization to advertise for bids.

The work consists of demolishing four buildings and removing two underground fuel tanks. The building demolitionincludes removal of asbestos and other hazardous materials. The concrete building slabs on grade, footings and piles willremain in place. All site utilities are to be cut and capped.

Buildings G-301, G-302 and G-303 are vacant and in unsafe condition. Even though the three buildings are fenced off,homeless citizens are taking refuge inside them. The fourth building, G-305, is listed in the City's potential hazardousunreinforced masonry (URM) buildings list. The Port has informed the City that Building G-305 has been posted and willbe demolished in the near future. For these reasons, the project calls for the removal of all four buildings down to theirfloor slabs. The demolition of the floor slabs and other in-ground structures, other than the fuel tanks, is postponedpending legal settlement with the tenant regarding contaminants in the ground.

The four buildings were originally leased to Crowley Maritime Corporation (Crowley). Crowley's subtenant, OaklandStrokes, currently occupies Building G-305. Oakland Strokes is a non-profit organization that provides teenage boys andgirls with the opportunity to learn competitive rowing skills and life skills. Because Oakland Strokes cannot relocate at thistime, the demolition of Building G-305 will be bid as an Additive Bid Alternate pending Oakland Strokes vacating thebuilding prior to award of the contract. If the contract must be awarded without including G-305, and Oakland Strokessubsequently vacates during the life of the contract, staff will request permission to demolish G-305 by Change Order.

Port staff has completed the environmental review of the proposed project under the California Environmental Quality Act(CEQA) and the Port's CEQA Guidelines. The work was subject to an Initial Study. The Port's Environmental PlanningDepartment recommends approval of a Mitigated Negative Declaration. The document has been circulated and a copyhas been provided to the Board under separate cover. The public comment period ended September 25, 1997.Comments were received from Oakland Strokes. Their comments have been incorporated into the Final MitigatedNegative Declaration. The Port has obtained necessary permits from the U. S. Army Corps of Engineers and the BayConservation and Development Commission. The Port will receive Certification from the Regional Water Quality ControlBoard following adoption of this Mitigated Negative Declaration.

The capital budget for fiscal year 1998 provides for the demolition of the buildings under CIP Item No. P2.00628.01. Thefunding source is Port cash.

The cost for the tank removal portion of the project will be charged against Liability Account No. 7342 which was createdfor removal of underground tanks. The funding source is Port cash.

RECOMMENDATION:

It is recommended that the Mitigated Negative Declaration be adopted and the plans and specifications be approved andauthorization be granted to advertise for bids to be received on December 10, 1997.

Approval of Plans and Specificationsfor Demolition of Building C-301, G-302, G-303 and G-305,Inner Harbor

Nov. 3, 1997

DEMOLISHBLDG. G-301,G-302, G-303AND G-305

r--

F-DnPT OF vnAi. Ar\in I INNER HARBOR

rkr rAATLAs\AREAmapsNG-AREA OAKLAND N Li I AREA G DATE

SEALE

SUBMTTIED BY: Joseph K. Wong 6\4


FACTUAL BACKGROUND:


Agenda Sheet

SUBJECT: Approval to Dispense with Formal Bids Date:for Construction and Installation of Item No.Container Cranes at Berths 55- 56

October 31, 1997

21

PROGRAM AREAEl Airport OperationsEl Commercial Real EstateEg Maritime Operations cin Overall Operations

A Request for Proposals has been prepared for CONSTRUCTION ANDINSTALLATION OF CONTAINER CRANES AT BERTHS 55-56. This will be the firstVision 2000 berth construction. Port staff is making the recommendation to dispensewith formal bid procedures and to invite proposals from prequalified manufacturers.The plans and specifications are for four cranes, with an option that may be exercisedwithin 24 months for three additional cranes,

The new terminals will have the cranes set back from the face of the wharf 25 feet.This will require the four cranes to be larger than any other container cranes inOakland. The outreach will be 175 feet instead of the present 167 feet, with a 200-footlong boom. The lift height will be 115 feet above the dock. The height of this crane willbe too tall to fit under the Bay Bridge. This will require providing partial on-site erection.The size of the crane will permit handling containers stacked six high on the decks ofthe new "beyond Panamax" ships.

These new cranes will be the largest cranes of this type ever built, and designing themto have the desired lift height and outreach without exceeding the overall wheel loadlimit will present difficult design problems. In order to assure that only qualifiedmanufacturers submit proposals to design and build these cranes, it is desired to solicitproposals only from prequalified firms that have extensive in-house engineeringcapability, recent experience in the design and construction of large modern cranes,and have at least one container crane in operation in the United States. TheEngineering Division has screened the manufacturers and has prequalified sixcompanies. These companies were the bidders on the Seventh Street Crane. The sixcompanies are:

1. Paceco, Inc. San Mateo, California2. IMPSA International, Argentina3. SAMSUNG Heavy Industry Co. Ltd., Korea4. ZPMC, Shanghai, China5. Sunkyong Limited, Hanjin Heavy Ind., Korea6. NoeII GMBH, Germany

fiPPROVZD Wir AES014:.g=V4

Ito* 97_0OCT 3 1 7997BOARD ACTION REQUIRED:

ri MOTION BOARD ACTION TAKEN DATE

„s., J.A.,,,,„)N-7-A RFS01 ,LITIQN!

n ORDINANCE

I I INFORMATION ONLY iz--Hlvo SECRETARY OF THE BOARD

Approval to Dispense with Formal Bidsfor Construction and Installation ofContainer Cranes at Berths 55-56October 31, 1997Page 2

The specifications include provisions for liquidated damages in the amount of $8,000per crane per calendar day in the event the contractor does not complete the work inthe specified time. This amount is based on loss of crane rental, increased inspectioncosts, loss of goodwill, loss of increased earnings, increased administrative costs, andan allowance for intangible costs due to delay of project completion.

This work is budgeted under CIP No. M6.00584.01 and funded by Port bonds.

RECOMMENDATION:

It is recommended that it be found to be in the best interest of the Port to dispense withformal bids for this work, and that the Executive Director be authorized to solicitproposals from a list of prequalified manufacturers, to report back to the Board theproposals received and a recommendation for award of contract or other action by theBoard.



I X Maritime Operations

1 1 Overall Operations



OCT 3 1 1991

DATE ,


Agenda SheetSUBJECT: New Terminal 11se Agreement with

FESCO at Charles P. Howard TerminalDate: October 31, 1997

Item No 22

PROGRAM AREA


Russia's Far East Shipping Co. ("FESCO") runs an independent liner service in the Australia - U.S.West Coast trade. FESCO Australia North America Line ("FANAL") presently calls Terminal 3 atthe Port of Richmond. The shipping line offers nine-day frequency service with direct calls atAuckland, Sydney and Melbourne. FANAL has been looking for a more modern marine terminalwhich will provide faster operational turnaround as well as greater flexibility, especially in the areaof access to rail service and has been reviewing facilities at the Port of San Francisco and Oakland.terminal operations.

We have been successful in attracting FANAL to Oakland. Under the proposed Terminal UseAgreement (TUA) FANAL will use the Charles P. Howard Terminal where terminal services willbe provided by Stevedoring Services of America (SSA).

The term of the TUA will be for five years. The Agreement will provide FANAL the option tocancel the TUA at the conclusion of and up until 45 days after each contract year during the term ofthe Agreement. If FANAL elects to exercise this option to cancel the TUA, then it must givewritten notice to the Port no later than 45 days following conclusion of the prior contract year. Ifsuch written- notification of the exercise of the said option is not so given and received, then theoption shall automatically expire for that contract year. All other conditions of the TUA areconsistent with previously approved Terminal Use Agreements with other lines, as follows:

1. Dockage

The Port will provide FANAL an initial discount of 20% from the prevailing Port Tariff ratesfor dockage at the time vessels activity occurs. At the end of the contract year, if FANAL doesnot elect to exercise its option to cancel the TUA as outlined above, then FANAL shall receivefrom the Port an additional refund of 10% of the full Port Tariff dockage.

2. Wharfage

Fanal will be subject to a Minimum Annual Guarantee (MAG)/Breakpoint of 4,500 loaded TEUsduring each contract year. FANAL's wharfage presently equates to an estimated Port Tariffamount of $90.00 per loaded TEU. In lieu of this estimated Port Tariff amount, all cargo up tothe MAG/Breakpoint, except containerized autos, will be assessed the fixed wharfage amount of$70.00 per loaded TEU. All cargo which exceeds the MAG/Breakpoint level during the contractyear will be assessed the fixed wharfage amount of $62.00 per loaded TEU. All containerizedautos shall be charged the fixed wharfage amount of $40.00 per container and will count towards


—1 MOTION

wit-sOLu TJuni

X I ORDINANCE

INFORMATION ONLY

the MAG/Breakpoint level. The estimated Port Tariff amount and the fixed wharfage amountsshall be subject to future increases at the same percentage and at the same time the wharfage ratesin the Port of Oakland Tariff increase. Additionally, non-containerized cargo will be assessedwharfage at 80% of the prevailing Port Tariff rates as the activity occurs. Each twenty (20)revenue tons of breakbulk cargo will continue to be counted as one (1) TEU and/or fractionthereof.

At the end of each contract year, if FANAL does not elect to exercise its option to cancel theTUA as outlined above, then FANAL shall receive from the Port an additional refund of 10%from the estimated Port Tariff wharfage amount for containerized cargo as well as from the fullPort Tariff amount for containerized automobiles and breakbulk cargo.

We believe the new TUA provides enough incentives for FANAL's cargo volume to increasethrough Oakland.

RECOMMENDATION:

Approval of the Terminal Use Agreement as outlined above. Following the ordinance process,documents will be filed with the Federal Maritime Commission in accordance with the ShippingAct of 1984.

SUBMITTED BY: Raymond A. Boyl

EXECUTIVE OFFICE RECOMMEN

Xifilatror SECRETARY OF THE BOARD


Agenda SheetSUBJECT: Resolution Supporting Port's Expression of Interest in PublicBenefit Conveyance for Port Use of Oakland Army Base


Item No. 23

PROGRAM AREA


• Commercial Real Estate

el Maritime Operations


FACTUAL BACKGROUND:The Oakland Base Reuse Authority (OBRA), as part of its preparation of a reuse plan for theOakland Army Base, is in the process of considering notices of interest from qualified non-profitgroups for the conveyance of surplus real estate at the Base through a Public Benefit Conveyance(PBC). Ultimately, after appropriate environmental documentation has been completed and a reuseplan adopted, the OBRA will make recommendations to the Defense Department and sponsoringfederal agencies concerning applications for conveyance. The Maritime Administration would bethe federal sponsor and disposal agency for any PBC for port facility uses.

The OBRA is using a two part process to review non-profit expressions of interest in order todevelop a reuse plan. Port staff has provided to Board members the Port development concept thatstaff submitted to OBRA on August 15, 1997 as a Notice of Interest/Pre-Application for PublicBenefit Conveyance. The Port's August 15 submittal fulfilled the requirements of Phase I of theOBRA's PBC process. On September 11, 1997, the OBRA informed the Port that its Notice ofInterest had been reviewed and is complete.

Additional information and material is now requested by OBRA for Phase II of OBRA's PBCplanning process, which OBRA has requested be submitted by November 3, 1997. In addition tomore detailed plans for site development, OBRA has requested a formal resolution fromapplicants' governing boards "stating that the respective boards have been presented withinformation outlining plans for property conveyance at the Oakland Army Base, new constructionand rehabilitation costs, maintenance of property, and future operation of such programs for notless than 30 years. This resolution should include a statement that it is the intent of the boards tosupport such action by appropriating or raising the necessary funds." The Port's OBRA Phase Idevelopment concept, submitted to OBRA on August 15, together with the Port's Phase IISupplemental Information, which has also been provided to the Board members, supplies thisinformation.

Any formal application by the Port for a Public Benefit Conveyance of Oakland Army Base propertywould be submitted in the future, to the federal disposal agency, after the Port's receipt of a formalnotice from that agency.

The Board's adoption of the resolution sought by OBRA is an expression of interest and intentionand will assist OBRA in preparation of a reuse plan. Any PBC conveyance will require asubsequent application by the Board to the federal disposal agency. Under federal base closureregulations and procedure, and state law, such an application would be made after OBRAcompletes a reuse plan and certifies an Environmental Impact Report. Also, the Board's resolutionis without prejudice to the Port's existing rights in the Oakland Army Base.

Recommendation:It is recommended that the Board pass a resolution in accordance with the foregoing.BOARD ACTION REQUIRED: NrgsP. Y

BOARD ACTION TAKEN0 MOTION

MC RESOI IMONI

O ORDINANCE

O INFORMATION ONLY

OCT 3 1 1997

DATE

Airport Operations


Maritime Operations


I II II XI



I MOTION

A HESOLUTION

1 ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Amendment of Compensation Provisions for

Wharfage Through Supplemental Agreementswith APL, TraPac and Hyundai Merchant Marine


Item No 24

PROGRAM AREA

SUBMITTED BY: Raymond A . Boyl e



Hyundai Merchant Marine ("HMM") conducts operations at the Seventh Street Marine ContainerTerminal. HMM has entered into a Reciprocal Slot Exchange Agreement with the Global Alliancegroup of shipping lines comprised of Orient Overseas Container Line ("OOCL"), AmericanPresident Lines ("APL") and Mitsui O.S.K. Lines ("MOL"). In Oakland, APL's operations aredomiciled at its Middle Harbor Terminal where OOCL is a secondary user; and, MOL calls atBerth 30 where terminal services are provided by its terminal operating subsidiary, TransPacificContainer Service Corporation ("Trapac").

The present. Agreements with APL and TraPac provide that APL's containers handled at TraPacBerth 30 are treated as APL's activity under the Middle Harbor Terminal compensation terms withAPL; and, MOL's containers handled at APL's Middle Harbor Terminal are treated as MOL'sactivity under the compensation terms of the Berth 30 Agreement with TraPac. Additionally,OOCL's containers handled at TraPac Berth 30 are treated as secondary use activity under theMiddle Harbor Terminal compensation terms with APL.

With HMM's recent entry into the Global Alliance, on October 21, 1997 the Board of PortCommissioners approved an interim modification to the HMM and TraPac Agreements so thatMOL containers handled at the Seventh Street Terminal are treated as MOL activity under theBerth 30 compensation terms with TraPac; and, HMM containers handled at Berth 30 are treated asHMM activity under the Seventh Street Terminal compensation terms with HMM. The guidingprinciple underlying these arrangements is that the Port remain financially whole despite the vesselslot exchanges among the shipping lines. The interim modifications approved on October 21st willremain in effect through December 31, 1997 in order to allow Port staff and all interested GlobalAlliance parties ample time to review and discuss how these rationalization programs will impactthe Port and appropriate future actions will be recommended to the Board at a later date.

In the meantime, Global Alliance cargo activity has now changed again and in order to maintain thePort's revenue stream whole it is necessary to expand the action taken by the Board on October 21,1997 by making the following proposed modifications to the APL and HMM Agreements:

1) FIMM cargo activity from APL or OOCL vessels at the Middle Harbor Terminal will be subjectto the same compensation terms and economic benefits presently received at the Seventh StreetTerminal.

2) APL cargo activity from HMM vessels at the Seventh Street Terminal will be subject to the samecompensation terms and economic benefits presently received at the Middle Harbor Terminal;i.e., no charge will accrue to the benefit of the Port in addition to the existing fixedcompensation.

3) OOCL cargo activity from HMM vessels at the Seventh Street Terminal will be subject to thesame compensation terms and economic benefits presently received at the Middle HarborTerminal i.e, in accordance with the secondary use provisions tariff charges will be split 60%APL/40% Port.

The above proposed modifications will also be established on an interim basis and remain in effectthrough December 31, 1997. Both the above proposed modifications and the related modificationsto the HMM and TraPac Agreements approved on October 21, 1997 will relate back to October 1,1997.

RECOMMENDATION: It is recommended that the Board pass a resolution approving theproposed modifications to the APL and HMM Agreements as outlined above and such otherprovisions deemed appropriate by the Executive Director which are Port revenue neutral, consistentwith existing provisions of the Port's APL and TraPac Agreements and will accommodate theGlobal Alliance, and authorizing execution of appropriate agreements. Following execution ofthese modified agreements they will be filed with the Federal Maritime Commission in accordancewith the Shipping Act of 1984.



- Appointments- Creation of Classifications/Positions- Creation of Salary Schedules- Amendment of Salary Schedule Assignment- Examination Announc ments

SUBMITTED BY: bed C. podecaEXECUTIVE OFFICE RECOMMEND 10 • harles W. Foster


Item No. 31

PROGRAM AREA



Maritime Operations

Overall Operations CI

FACTUAL BACKGROUND:

APPOINTMENTS- -Resolution (1 Reading)


AVIATION

George Turner, Aviation Marketing Manager (Re p . Unit E. Management), $7,462/month (includes 4% increase) within Salary Grade 13--The appointment of George Turner to the position of AviationMarketing Manager (exempt from Civil Service) at the salary of $7,462/month, effective Monday,December 1, 1997, fills a budgeted vacant position in the Aviation Division. Mr. Turner will be a newemployee

Leandro U. Denoga. Port Staff Accountant I (Rep. Unit D. Unrepresented), Aviation Division.$3.543/month. rate "a"--The appointment of Leandro U. Denoga to the Civil Service position of PortStaff Accountant I at salary rate "a," $3,543/month, effective Monday, November 24, 1997, fills abudgeted vacant position in the Aviation Division. Mr. Denoga will be a new employee.

Mary McKinley. Airport Security Systems Technician (Rep. Unit A L790) Aviation Division$3 273/month. rate „a„–The appointment of Mary McKinley to the Civil Service position of Airportsecurity Systems Technician at Salary rate "a," $3,273/month, effective Monday, November 10, 1997,accommodates the recommendation of a desk audit to reclassify a Reception Dispatch Clerk positionand redesignate the incumbent. Ms. Mckinley's current salary is $2,653/month. The proposed salary is$3,273/month, a $620/month (23.4%) increase.

David Henning and Nicole D. Vaughn. Relief Telephone Operator (Rep. Unit A. 1790). $15.09/hour rate"a"--The appointments of David Henning and Nicole D. Vaughn to positions of Relief Telephone Operator(exempt from Civil Service) at the hourly wage of $15.09, effective Monday, November 10, 1997, fillstwo budgeted vacant positions in the Aviation Division. Mr. Henning and Ms. Vaughn will be newemployees.


Shirley Stanforth. Senior Secretary (Rep. Unit A, 1790). CRE Division $3.385/month rate "c"–Theappointment of Shirley Stanforth to the Civil Service position of Senior Secretary at Salary rate "c,"$3,385/month, effective November 24, 1997, fills a budgeted position vacated by the incumbent'sresignation. Ms. Stanforth will be transferring from the City.

amcycnia, :TAT saw,6-,77,/,/9.7OCT 3 1 1997


AS:-1=';;",,Wqr SECRETARY OF THE BOARD


q MOTION

RESOLUTION

LLIC ORDINANCE

O INFORMATION ONLY

AGENDA SHEET, 11-ERSONNEL ITEMS–OCTOBER 31, 1997

CORPORATE ADMINISTRATIVE SERVICES

Sam Li o S ni ro•ram ue Alai e D U e. sent CAS Divi . , 4 4: • 11. • . •rate "a"--The appointment of Sam Li to the Civil Service position of Port Senior Programmer/Analyst atsalary rate "a," $4,480/month, effective Monday, November 24, 1997, fills a budgeted vacant positionin the MIS Department of the Corporate Administrative Services Division. Mr. Li will be a newemployee.

aith F II -T m enefits Ana Re it D - . r - s$4,134/month, rate "a"--The appointment of Faith Fuller-Tompkins to the Civil Service position ofPayroll and Benefits Analyst at Salary rate "a," $4,134/month, effective Monday, Novenber 10, 1997,accommodates the recommendation of a desk audit to reclassify a Personnel Technician position andredesignate the incumbent. Ms. Fuller-Tompkin's current salary is $3,857/month. The proposed salaryis $4,134/month, a $277/month (7.2%) increase.

I.E_VGINEERINe

George W. Alston. Jr., Diver (Rep . Unit A, L790), Engineering Division. $5.105/month. rate "c"--Theappointment of George W. Alston, Jr., to the position of Diver at salary rate "c," $5,105/month,effective Monday, November 10, 1997, accommodates the reclassification of an Engineering Assistantposition and the redesignation of the incumbent in the negotiated agreement between Local 790 and thePort.

D I hi e Pr t Ju o Enviro. •• -n al Planner • Lin' Unre r nt d En neerin• Divi i n3 543 • • ra "e--The appointment of Delphine Prevost to the Civil Service position of Junior

Environmental Planner at salary rate "a," $3,543/month, effective Monday, November 10, 1997, fills abudgeted vacant position in he Environmental Department of the Engineering Division. This position wasdowngraded from an Associate Port Environmental Planner position. Ms. Prevost will be a newemployee.

FINANCE

Sterling Luke, Port Senior Financial Analyst (Req. Unit D. Unrepresented). Finance Division, $4,841/month, rate "a"--The appointment of Sterling Luke to the Civil Service position of Port SeniorFinancial Analyst at salary rate "a.," $4,841/month, effective Monday, November 24, 1997, fills abudgeted vacant position in the Finance Division. Mr. Luke will be a new employee.

Ismael G. Sumabat, Port Staff Accountant I (Rep. Unit D. Unrepresented). Finance Division. $3,543/month, rate "a"--The appointment of Ysmael G. Sumabat to the Civil. Service position of PortStaff Accountant I at salary rate "a," $3,543/month, effective Monday, November 10, 1997, fills abudgeted vacant position in the Finance Division and promotes Mr. Sumabat from a Senior AccountClerk position. Mr. Sumabat's current salary is $3,416/month. The proposed salary is $3,543/month, a$127/month (3.7%) increase.

B bbi H n .n I me Clerk R Uni A L790 i a Div" '• 2 • 8

rate "c"--The appointment of Bobbie Hall Johnson to the Civil Service position of Intermediate TypistClerk at salary rate "c," $2,658/month, effective Wednesday, November 12, 1997, fills a new positionin the Finance Division that was approved in the FY 97-98 budget. Ms. Johnson will be transferringfrom the City of Oakland.

CREATION OF CLASSIFICATIONS/POSITIONS--Ordinance (2 Readings)


AVIATION

a •

- - -

01 dinan•-= 087 (a-44120; b $4328; c *4542; d *4804; c *5070) accommodates thedco!: c-udit to roc.:o.zoif‘ . -Engir,ccring

Page 2

AGENDA SHEE-1 1, ,-ERSONNEL ITEMS–OCTOBER 31, 1997

-.-,Aution•••111LiAllt FAO." • Ilt•—À41•MI-1111L1_'- T/- • ■Armisa-.."""r.''""""."11-.J.""ItrTJaVIIII..1' 4,111•11-

•I • in AL • • 1. •• IL • • • • • • • • • • •

867 (4--471G, 6–$41347, c $6201; d 15505; 0--158/14_aernmoinriatrm thp roaprImmpnrlatirin of A,

II •

• - . • •

ne • • ion I Po of C m I Re. -se a ve V Re --Creation of an

2

additional position accommodates an employee promoted in the Board meeting of Sep ember 16, 1997.

ENGINEERING

Diving Supervisor (Rep. Unit F. IBEW), One Position--Creation of this Civil Service classification andposition at Salary Schedule 105.80 (a--$4940; b--$5189; c--$5452; d--$5765; e--$6097)accommodates the negotiated agreement between IBEW and the Port.

One Additional Position of Assistant Port Environmental Scientist (Rep, Unit D. Unrepresented)–Creationof an additional position accommodates a future appointment to the new position approved in the FY97-98 budget.

Two Additional Positions of Associate Port Environmental Scientist (Rep. Unit D. Unrepresented)--Creation of two additional positions accommodates future appointments to two new positions approvedin the FY 97-98 budget.

One Additional Position of Port Electrician (Rep. Unit B. QM–Creation of an additional positionaccommodates an employee appointed in the Board meeting of September 16, 1997.

EXECUTIVE OFFICE

One Additional Position of Port Field Representative I (Rep. Unit D. Unrepresentedl–Creation of anadditional position in the Governmental Affairs Department accommodates a future appointment to thenew position approved in the FY 97-98 budget.

MARITIME

Documentation and Statistics Analyst--Traffic Representative ll (Rep. Unit D. Unrepresented), ThreePositions--Creation of this classification (exempt from Civil Service) and three positions at SalarySchedule 237 (a--$3953; b--$4152; c--$4359; d--$4620; e--$4897) accommodates the proposedpromotions of three employees approved in the FY 97-98 budget.

Trade Research Analyst--Marine Commercial Re presentative II (Rep. Unit D. Unrepresented). OnePosition--Creation of this classification (exempt from Civil Service) and position at Salary Schedule 237(a--$3950; b--$4152; c--$4359; d--$4620; e--$4897) accommodates the proposed promotion of anemployee approved in the FY 97-98 budget.

Senior Pricing and Insurance Analyst–Traffic Representative IV (Rep. Unit D Unrepresented) OnePosition--Creation of this classification (exempt from Civil Service) and position at Salary Schedule262.5 (a--$5096; b--$5350; c--$5619; d--$5956; e--$6312) accommodates the proposed promotion ofan employee approved in the FY 97-98 budget.

One Additional Position of Port Electrician (Rep. Unit B. L790)--Creation of an additional positionaccommodates a future appointment to a new position approved in the FY 97-98 budget.

CREATION OF SALARY SCHEDULE--Ordinance (2 Readings)

It is requested that the Board ratify the creation of Salary Schedule 101.60 (a--$4448; b--$4673; c--$4909; d--$5191; e--$5490) effective retroactively to May 20, 1997, to coincide with the assignmentof this Salary Schedule to the classification of Diver (Rep. Unit B) created at that time.

It is requested that the Board approve the creation of Salary Schedule 105.80 (a--$4940; b--$5189; c--$5452; d--$5765; e--$6097) to accommodate the assignment of this Salary Schedule to DivingSupervisor (requested its creation earlier in this agenda).

Page 3

EMPLOYEES

Full-Time Employees

AS OF AS OF AS OF AS OF2/1/91 11/5/96 10/21/97 10/31/97

612.00 FTE 543.00 FTE 534.00 FTE 533.00 FTE

Relief Telephone OperatorsPart-Time Employees 2.13 FTE 3.00 FTE

2.98 FTE2.50 FTE

2.50 FTE3.00 FTE

3.00 FTERelief Airport Custodians (P/T) 11.00 FTE* 10.00 FTE 8.00 FTE 8.00 FTERelief Airport Custodians(Intermittent, P/T)

0.00 FTE 0.00 FTE 0.00 FTE


AGENDA SHEET, 1-ERSONNEL ITEMS–OCTOBER 31, 1997

AMENDMENT OF SALARY SCHEDULE ASSIGNMENT--Ordinance (2 Readings)

It is requested that the Board approve the amendment of salary schedule assignment for theclassification of Wharfinger (Rep. Unit A, L790) from the current monthly compensation (a--$4377; b--$4594; c--$4824; d--$5100; e--$5397) to the same monthly compensation fixed in Section 9.01 of PortOrdinance 867 (a--$5089; b--$5299; c--$5567; d--$5865; e--$6173) to accommodate therecommendation of a desk audit.



Properties Assistant (Rep. Unit D, Unrepresented, Open)Port Maintenance Foreman (Rep. Unit F, IBEW, Promotional)Airport Operations Supervisor, Airside (Rep. Unit F, IBEW, Open)Associate Port Environmental Planner (Rep. Unit D, Unrepresented, Open)Port Environmental Assessment Supervisor (Rep. Unit D., Unrep., Restricted)



* Statistical breakdown of various Reliefs was not available during this pqriod.

** Count decrease due to the retirement of a Port Senior Equipment Mechanic.


CATEGORY

UNIT UNIT UNIT UNIT UNIT UNIT TOTALA B C D E F

BACKFILL

9 5 0 14

0 29MEDICAL BACKFILL 2 1 0 2 0 0 5WORKER'S COMP

1 1 0 0 0 0 2BACKFILL* CIP

0 0 10 8 0 0

18* SPECIAL PROJECT 1 3 0 5 0 0

TOTALS 13 10 10 29 1 0 63


RECOMMENDATION

It is recommended that the Board of Port Commissioners approve/ratify the preceding appointments,creation of classification/positions, creation of salary schedule, amendment of salary scheduleassignment, and examination announcements.

Page 4

SUBJECT: Purchase of New Vehicles and Equipmentand Sale of Surplus Vehicles

SUBMITTED BY: Fred Rickert, Acting Chief Financial 0111


DATEMOTION

E RESOLUTION

BOARD ACTION TAKEN


Agenda SheetA


Item No. 32

PROGRAM AREAq Airport Operationsq Commercial Real Estateq Maritime OperationsEl Overall Operations

FACTUAL BACKGROUND:

The Central Facilities Department has identified twenty-one (21) vehicles and special purpose equipment forpurchase, of which seventeen (17) are replacements and four (4) are additions to the fleet

The replacement vehicles and equipment consist of two (2) 4x4 full size Broncos; one (1) air compressor; one (1)roller compactor with trailer; five (5) one ton dump trucks; one (1) 4x4 tractor; three (3) small King cab pickuptrucks; one (1) used liquid propane gas power fork lift; two (2) one-ton cargo vans; and one (1) spray tank unit_Age, mileage, and condition are the criteria used to determine which vehicles and equipment need to be replaced.The average age being ten years and their present condition makes them uneconomical to operate and maintain.

The additions to the fleet are one (1) each of truck mounted vacuum sweeper, one-ton dump truck, 3/4-ton pickupwith 8' full bed, and 3/4-ton pickup with utility body. The vacuum sweeper will be used by the Commercial RealEstate Division to maintain the Jack London Square area. The other additions are for the Maritime Divisionmaintenance activities in the Harbor area and will be assigned to new hires related to the Navy Base takeover. Acomplete summary of the vehicles including estimated costs and user departments is attached.

In order to meet Port requirement regarding delivery schedules and to optimize Port options related to purchaseprice and cash flow, every effort will be made to purchase the vehicles and equipment through State of Californiacontracts. Those vehicles and equipment unavailable through the State will be purchased through open marketprocurement

Surplus vehicles and equipment will be sold to the highest bidder and we anticipate proceed of $40,000 and$70,000.

RECOMMENDATION:

It is recommended that the Board suspend formal bidding and authorize the acquisition of twenty-one (21) vehiclesand equipment through the State of California contracts as available and by open market procurement for vehiclesand equipment not available through the State at a cost estimate of $589,000, plus taxes and fees. It is furtherrecommended that the Board find and determine under section 5.13(a) of the Port's Master Indenture a total ofseventeen (17) vehicles and equipment scheduled for replacement as inadequate, obsolete, and/or worn out andauthorize their sale through open market by the Executive Director.

3OARD ACTION REQUIRED: 1 OCT 3 I 1997

QUANTITY DESCRIPTION ESTIMATED COST/ USER REPLACESBUDGETED DEPARTMENT

2 4x4 Full Size Bronco 350.000 Aviation X195 & X196 4x4 Bronco 1984

1 Air Compressor 180CFM 320.000 Aviation X474 Air Compressor 100CFM 1980

1 Roller Compactor & Trailer 560.000 Aviation X362 Roller Vibns lng-Rand 198.4

2 1-Ton Dump Truck 350.000 Aviation X708 & X709 1-Ton Dump Truck Ford F350 1986

1 4x4 Tractor 275,000 Aviation X499 Tractor John Deere 1988

1 Truck Mounted Vacuum Sweeper 543,000 Commercial Facilities New Addition

1 100. Gallon Spray Tank Unit $20,000 Commercial Fealties X219 100 Gal. Spray Tank 1983

1 1-Ton Dump Truck 524.000 Commercial Facilities X710 1- Ton Dump Truck Ford F350 1986

1 Used LPG Power Fork Lift $12,000 Engineering Central Facilities X309 Fork Lilt Weight Mate 1981

2 1-Ton Cargo Van 550.000 Engineering Central Facilities X629 & X830 Cargo Van Ford E250 1986

2 Small King Cab Pickup Truck $30,000 Engineering Construction X725 & X726 Pickup Truck Ford 1/2T 1988

1 1-Ton Dump Truck 528,000 Maritime Facilities New Addition (for new semi-skilled laborer)

1 3/4 Ton Pickup with Full 8' Bed $20,000 Maritime Facilities New Addition (for new equipment systems engineer)

1 3/4 Ton Pickup with Uality Body 326.000 Maritime Facilities New Addition (for new electrician)

1 Asphalt Paver 540,000 Maritime Facilities X473 Paver Layton 4-5008 1980

1 Small King Cab Pick Up Truck $17,000 Maritime Facilities X575 Pickup Ford Ranger 1985

1-Ton Dump Truck $24,000 Maritime Facilities X713 1-Ton Dump Truck Ford F350 1986

TOTAL $589,000

VPRov. -,g7 zr7=:..7",

pia. 1 rjr§i

BOARD A ION TAK N DATE


1 MOTION

X I PESOLIMON

ORDINANCE

INFORMATION ONLY7/1 rSECRETARY OF THE BOARD



Authorization to purchase network servers,backbone and routing equipment, Port-wideclient software and to upgrade the HP-3000business computer


SUBMITTED BY: Gilbert C. Apodaca >*---) Commercial Real Estate

EXECUTIVE OFFICE RECOMMENDATION: Maritime Operations

X Overall Operations

FACTUAL BACKGROUND:

The Port's network environment has been in a continuous state of growth and modification sinceit's inception. Over that time it has grown from a single processor Hewlett-Packard mini-computer(HP 3000) to a wide area network spanning all areas of the Port. This growth has not comewithout cost. While workstation hardware has generally kept pace with this growth, much of ournetwork backbone equipment is over nine years old. Recent provisions for Internet access, multi-user databases and shared graphics applications have put additional stress on these systemsresulting in many network slowdowns and failures during periods of heavy load.

To further exacerbate this problem, the existing HP 3000 is also in need of upgrade. The currentmodel of the series, Series 948, was installed in 1991. As with all computers made at that time,the technology in this model is obsolete, and HP no longer manufactures the 948 Series. Thereare indications that our present system will experience problems with internal file record keeping inthe year 2000, and HP will be discontinuing support for our Series 948 in the near future.

Finally, to complete our migration from DOS based platforms to client-server capable graphicbased platforms (i.e. Windows) we need to implement the next phase of software upgradesthroughout the Port. This would include establishing Windows 95 or Windows NT as the baseplatform and upgrading or replacing the associated office/work-group software, Microsoft Office,and other network related software.

Purchase cost of these equipment and software is estimated at $665,000. This amount wasincluded in the MIS FY 1997-99 Capital Budget which was adopted by the Board on June 3, 1997(CIP project # SQ.00008.02.)

This Portwide systems infrastructure upgrade project is scheduled to begin in November, 1997.

Recommendation:

For the reason that these equipment and software are proprietary and Port specific, it isrecommended the Board find it in the best interests of the Port to proceed with informal quotationsfor the purchase of new networking equipment, HP computer system upgrades, and related port-wide software through open market procurement, GSA or other cooperative arrangement, and thatthe Executive Director be authorized to make this purchase.

Date- October 31,1997

Item No. 33

PROGRAM AREA

I IMOTION BOARD CT ON TAKEN DATE

t i a-IC.7616-U I ION

ORDINANCE

INFORMATION ONLY

x l 1


Agenda SheetSUBJECT: APPROVAL TO ENTER INTO CONTRACTS WITH

DELTA DENTAL AND CONSUMER DENTAL ANDTO TERMINATE MET LIFE, EFFECTIVEJANUARY 1, 1998




Item No 34

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

Prior to 1995, the Port provided dental benefits to Port employees through a self-fundedarrangement between the City of Oakland and Travelers Insurance Company. In 1995,Metropolitan Life Insurance Company ("Met Life") purchased Travelers. Thereafter, Portemployees received dental benefits under the terms of a self-funded arrangement establishedpursuant to Administrative Services Agreement between the City of Oakland and Met Life.Although under the Met Life contract, employees were to receive benefits identical with thosepreviously provided by Travelers, the experience with Met Life has been swamped withadministrative difficulties. As a result, the Port with employee and Union input, began a processof reviewing alternate providers for the Port's dental benefits program who would providebenefits equal to those established under the Travelers plan.

Below is a summary of Plan providers and their respective costs:

Although First Health and Guardian would provide services at a lower overall cost to the Portthan Met Life, their network of dentists was not deemed sufficiently extensive to justify furtherconsideration. The provider with the next highest cost is Delta Dental. Delta Dental has themost extensive network of participating dentists of those considered. In addition, Delta agreed torevise their contract by providing a no-loss no-gain clause. This clause states that eligibleemployees will not be penalized or lose benefits attained under the dental plan previouslyprovided by Travelers. In addition, eligible employees will not gain benefits as a result ofenrollment under Delta Dental's plan.

OCT 3 1 1997Arrkdown>NY Ii5V$012.4IQ,BOARD ACTION REQUIRED:

Consumer Dental ("Golden West"), which operates on the same principle as an HMO and hasprimary care facilities locally in Oakland and eleven other Bay Area cities, has submitted aproposal to provide dental and orthodontia care at their facilities. These services would beprovided with no deductible costs to employees for preventive care at a monthly premium costsof $53.25 per participating employee, including dependents. Services by Consumer Dentalwould not be under a self-funded arrangement. The maximum benefits to employees would bethe same as was provided under the Travelers Plan. This plan is attractive financially, butbecause services may only be provided by the dentists at Consumer Dental's primary carefacilities, it is limited in its utility to the majority of employees. Nevertheless, Consumer Dentalhas offered to provide their services at the optional election of employees.

The contracts with these providers include brokerage commissions to Saylor and Hill at 2% ofadministrative fees under Delta Dental's plan and 2% of premiums under Consumer Dental'splan. Saylor and Hill provides consulting/brokerage services in support of the Port's ongoingmanagement of insurance contracts in force, including: strategic planning, marketing, marketmonitoring and access, renewals, ongoing plan monitoring, and government compliance.

It is recommended that the Board approve execution of the forgoing contracts with Delta Dentaland Consumer Dental at the rates indicated above, and terminate Met Life, effective January 1,1998.

SUBJECT*' CLOSED SESSION Date: October 31, 1997

Item No 40




MOTION

H1 SOLUTION

ORDINANCE

INFORMATION ONLY


Agenda Sheet

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations

=ACTUAL BACKGROUND:

CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Property:


Under Negotiation:

2 acre site at 50 Martin Luther KingWay, Oakland, California

Port of Oakland andCal-Pine Corporation

Price and Terms of Payment

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATIONSubdivision (a) of Government Code Section 54956.9. Name of Case:

Claim of Estate of Guo-Fu Liang

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c)of Section 54956.9: Three cases.

SUMMARY AGENDA OF BOARD CALENDAROctober 31, 1997

AIRPORT

3S Recommend Approval of a New Lease with GTEMobilnet of California for 144 Square Feet ofTerminal Space and Five (5) Antennas. (Ordinance)

Recommends approval of a five-year lease toinstall telecommunications equipment at theAirport.

4S Approval of Lease Modification/Supplement with theUnited States of America, Department ofTransportation, Federal Aviation Administration(#1 Airport Drive, South Airport). (Resolution)

Recommends approval to extend the agreement withthe FAA for the control tower.

5S Approval of First Supplemental Agreement withExisting Tenant Trans-Box Systems, Inc. (8250Boeing, 1080 Beachy and 1090 Beachy, NorthAirport). (Resolution)

Recommends approval to bring their agreementscurrent providing for past agreements and a newone for 1998.

6S Approval of New License and concession Agreementwith I.S.B.A., Inc. dba Oakland Flyers (8053Earhart Road, North Airport). (Resolution)


7S Approval of Lease Supplement with the UnitedStates of America, Department of Transportation,Federal Aviation Administration (Building L-904,North Airport). (Resolution)


MARITIME




27S Approval of Right of Entry, Indemnity andExtension Agreement with Caltrans for Landscapingon Radio Road. (Resolution)

Recommends approval of the ROA and notes the areawill be used for control of exotic plant species.

Summary Agenda of the Board CalendarOctober 31, 1997Page 2

OPERATIONS

35S Approval of Specifications for Annual Contract forPerforming Emergency Spill Response or EmergencyRepairs in a Hazardous Environment for Port ofOakland Facilities. (Resolution)

Recommends their approval and authority toadvertise for bids for the annual contract.

ORDINANCES:


Provides for adding and fixing the compensation ofcertain employees of the Port.

Port Ordinance No. 3393 being, "AN ORDINANCEAMENDING SECTIONS 2, 9, 10-1, 10.2, 10.3 AND 10.12OF PORT ORDINANCE NO. 1149 RELATING TO CHARGES FORUSE OF FACILITIES AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT."

Provides for amending charges for the use offacilities at the Airport.

Port Ordinance No. 3394 being, "AN ORDINANCEGRANTING AND AUTHORIZING EXECUTION OF AN EASEMENTTO EAST BAY MUNICIPAL UTILITY DISTRICT."

Provides for granting and authorizing execution ofan easement to EBMUD.

Port Ordinance No. 3395 being, "AN ORDINANCEFORMULATING AND ESTABLISHING CONDITIONS ANDPROCEDURES FOR THE CONDUCT AND REGULATION OFEVENTS HELD IN JACK LONDON SQUARE PORTION OF THEPORT AREA."

Provides for formulating and establishingconditions and procedures for the conduct andregulation of events in Jack London Square.

Port Ordinance No. 3396 being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH AM-PM SERVICE CO. AND DIRECTING RECORDATIONTHEREOF."

Provides for approving and authorizing a leasewith AM-PM Service Co.

Port Ordinance No. 3397 being, "AN ORDINANCEAPPROVING AND AUTHORIZING THE EXECUTION OF LEASEWITH ORO SPANISH BROADCASTING, INC. AND DIRECTINGRECORDATION THEREOF."

Provides for approving and authorizing a lea sewith Oro Spanish Broadcasting, Inc.

CATE

r A -




Agenda SheetSUBJECT: An Ordinance Amending Sections 2.c

and 9.a(2) of Port. Ordinance 1149Relating to changes for use of Facilitiesat Metropolitan Oakland International Airport


Item No. 2S

PROGRAM AREA

Airport Operations



1 q Overall Operations

FACTUAL BACKGROUND:

Currently, the Port Ordinance 1149 provides that only Airport Operators who lease or license space from thePort in the airline terminal complex benefit from the lower of two landing fee rates. The following expandeddefinition is required to include those Airline Operators who lease, license or otherwise rent land, ramp or cargobuilding space from the Port on the South Airport:

Section 2.c. For aircraft operated by Airline Operators who lease or license space from the Port in the airlineterminal complex; or are listed as a scheduled carrier in the Official Airline Guide; or lease or rent a minimum of20,000 square feet of land or ramp area on the South Airport on at least a month-to-month basis; or lease or renta minimum of 2,200 square feet of air cargo building space on the South Airport on at least a month-to-monthbasis; the rate shall be $0.94 per 1,000 pounds.

Fees governing commercial operations, aircraft parking, assigned ramp spaces, T-hangars, Port-a-Ports andtiedowns are charged at an hourly or monthly increment. To be in compliance, the following change should bemade:

Section 9.a(2), on pages 5 and 6, the words "Hours or" should be deleted from the column heading "Hours orMonthly Rate" so they read "Monthly Rate" only.

In addition, over the past several years, changes to Ordinance 1149 have been made that in some instancesshould now be reorganized and made consistent. These changes are not substantive and have been reviewedwith the Port Attorney's Office.

The Board of Port Commissioners hereby finds and determines that the and imposition of the above changespursuant to Section 1 of this ordinance is exempt from the requirements of the California Environmental QualityAct under California Public Resources Code Section 21080(b)(8) and Sections 15273 and 15061(a)(3) of Title 14of the California Code of Regulations. The basis for the exemption under Sections 21080(b)(8) and 15273 is thatthe rates are established and imposed for the purpose of obtaining funds for capital projects necessary tomaintain service within existing service areas. In addition, in view of the minor amount of the rate increaseunder Section 15061(a)(3) it can be seen with certainty that there is no possibility that imposition of the ratesreferenced herein will have a significant affect on the environment.

RECOMMENDATION:

It is recommended that the Board adopt an ordinance reflecting the proposed changes with an effective date ofNovember 5, 1997 and that the ordinance contain the above described findings with respect to CEQAcompliance.


MOTION


Ei RESOLUTION

ORDINANCE

ii\ii--ORMAIlUN ONLY •

SECRETARY 0l THE BOARD

SUBJECT: First Reading of an Ordinance GrantingEasement to East Bay Municipal UtilityDistrict (EBMUD) for Installation of WaterMain Serving the ARFF Facility,MOJA





Agenda Sheet

DUPLICATE

OF Pa:OREXECUTIVE OFFICE RECOMMENDATION: 0 Overall OperationsCALEN'AR ME 0FACTUAL BACKGROUND:

On November 7, 1995, the Board authorized the execution of the agreement with EBMUD to designthe water line extension for the Aircraft Rescue and Fire Fighting (ARFF) Facility, performconstruction inspection, furnish materials, and connect to their existing water main in Air CargoRoad. Under the terms of the agreement, the Port will have the water main constructed andEBMUD will own and maintain the new water system up to the meter.

Another provision in the agreement with EBMUD requires the Port to grant EBMUD an easement forthe water main extension. The easement shall be revocable by the Port in the event that EBMUDceases to use the pipeline for the transmission and distribution of water. The proposed water mainextension is about 2,600 feet long and is under Air Cargo Road and the perimeter of the ARFFFacility parking area. The easement covers approximately 1.2 acres with 62% in the Air CargoRoad and 38% under the perimeter of the parking area.

Under the terms of the agreement, there is no separate fee for the property rights. This water mainextension is only to provide water service to the ARFF Facility and the Port is paying for theextension.

On November 15, 1994, the Board approved the Initial Study and Mitigated Negative Declaration forthe ARFF Facility Relocation and Improvement of the ARFF Facility. The ARFF water mainconnection is part of the ARFF Facility relocation project and is therefore covered under the MitigatedNegative Declaration.

RECOMMENDATION:

It is recommended that the Board approve an ordinance granting the aforementioned easement toEBMUD for the water main extension. It is further recommended that the Executive Director beauthorized to execute the easement document on behalf of the Port.


O MOTION BOARD ACTION TAKEN DATE

O RESOLUTION

SUBMITTED BY: Joseph K. Wong Me•-'

1../1ORDINANC:t




Agenda SheetSUBJECT: Jack London Square Events Policy Date: October 21, 1997

Item No.

PROGRAM AREA


DUB`LICATESUBMITTED BY: Joyce Washington 7,41,

OFEXECUTIVE OFFICE RECOMMENDATION:



Overall Operations

FACTUAL BACKGROUND:

Over the past nine years, through intensive marketing and leasing efforts, Jack London Square hasbecome a major community events center in the Bay Area. With events ranging from the FarmersMarket on Sundays throughout the year to the traditional Lighted Yacht Parade and Fourth of Julyfireworks, we have positioned ourselves as an attractive venue for both large and small events. Wehave received numerous requests to host events, and have found it necessary to develop an eventspolicy to clarify the Port's goals and objectives for events at the Square.

The policy, which is enclosed, outlines the primary objectives of events at the Square: to encourageactivities for the benefit of the Port of Oakland's tenants and subtenants, and to enhance access of thecitizens of Oakland and the region to the waterfront area. In addition, it establishes policies andprocedures to encourage self-supporting events by providing for the recovery of the incremental costsincurred by the Port in connection with the events. The policy also establishes procedures for obtainingevent permits and vendor permits and authorizes the Director of Commercial Real Estate to establishfees for events and vendor permits.

Recommendation:

It is recommended that the Board give first reading to an ordinance covering the Jack London Squareevents' policies and procedures.



U RESOLUTION

III ORDINANCE

r1 INFORMATION ONLY rl="T PI RV t1 • 4t t r.• t1 e, a r, Ira

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JLS Merchants/Tenants

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tx.IftAl 1/51

,,r.1,11

01,

SI


Agenda SheetSUBJECT: Lease Agreement with AMPM Service Co., Inc.

at the Harbor Transportation Center

DUPL1CATe46;UBMITTED BY: Raymond A. Boyl e OF:XECUTIVE OFFICE RECOMMENDATION. CALENDAR h

Date• October 21, 1997


Airport Operations


I x I Maritime Operations


ACTUAL BACKGROUND:AMPM Service Co. ("AMPM") conducts maritime equipment maintenance/repair and containerstorage operations on land area located near the corner of 5th Avenue and Embarcadero whichincludes a 14,916 square foot warehouse building. The current License and Concession Agreementwith the Port is in holdover status and AMPM pays monthly rental of $5,022.83 for the facility.

Representatives from AMPM are now interested in relocating operations to the HarborTransportation Center (HTC) Building 833 Maintenance Facility.

We have negotiated a 5 year Lease Agreement with AMPM for the HTC Building 833 MaintenanceFacility where they will occupy approximately 43,052 square feet, including 21,780 square feet of openarea. Rental will be $7,977.00 per month at commencement of the Agreement. Beginning eachsubsequent year the rental will automatically be increased by no less than 3% nor more than 5% basedupon the percentage change in the Consumer Price Index (CPT) for the 12 month period immediatelypreceding the annual adjustment date. In consideration of this rental level, AMPM will hire andprovide two year training internships for up to 5 West Oakland residents during each 2 year trainingperiod. Consequently, the potential is for up to 15 West Oakland residents being trained over the termof the Agreement. If operations change to where AMPM utilizes additional outside open area beyondthat specified in the Lease Agreement then AMPM will pay rental for such area based upon theprevailing Port tariff rate for such land. In the event AMPM discontinues the training program therent will automatically increase from $7,977.00 to $11,965.00 per month.

AMPM will pay for all utilities and be responsible for all maintenance and repair to the property,including surface, utilities and fencing as well as any utility improvements which may be requiredduring the term of the Agreement. The Lease Agreement may be canceled by either party upon 180days written notice. •

Beyond the base 5 year term, the Agreement will be subject to renegotiation of term andcompensation.

The Lease Agreement provides for a mutually beneficial commercial arrangement and provides aunique opportunity to fulfill the desires of the local community.

The proposal was reviewed pursuant to the requirements of the California Quality Act (CEQA) andthe Port CEQA Guidelines and was determined to be Categorically Exempt per Section 15301 (p). Nofurther environmental review is necessary.

RECOMMENDATION: Approval of a Lease Agreement with AMPM Service Co., Inc. as outlinedAbove.

I ARD ACTION REQUIRED:

MOTION

J nESOLUTION

ORDINANCE

] INFORMATION ONLY


q PrRPTAmv -ruc orlArm


Agenda SheetSUBJECT: Oro Spanish Broadcasting - Date. October 21, 1997

10 Year Lease AgreementItem No. -

PROGRAM AREA

(5■Ss DUPLICATE Airport OperationsSUBMITTED BY: Raymond A. Boyle Commercial Real Estate

OF PRIOR I Maritime OperationsEXECUTIVE OFFICE RECOMMEND TION:

CALENDAR MEMO I I Overall Operations

'ACTUAL BACKGROUND:-

Oro Spanish Broadcasting, Inc. occupies 12.75 acres of water and land on the north side of the BayBridge toll plaza as a radio transmitter site for radio station KIQI-AM under a ten year LeaseAgreement with the Port. This lease Agreement will expire on December 31, 1997.

Oro Spanish Broadcasting's current Agreement provides for monthly rental of $3,383.00 per monthwith yearly rental adjustments based on changes in the Consumer Price Index. The two other radiotransmitter sites in the area are paying comparable rents with yearly rental adjustments. KDIA has 4years remaining on its lease, and KABL has 1 year remaining.

Oro Spanish Broadcasting has requested a new 10-year lease Agreement. The proposed key elementsare as follows:

Although the new Lease Agreement term will be for 10 years, the Port may terminate the LeaseAgreement upon one year's written notice if the Assigned Area is required for other Port uses.

In the event there is a change of ownership in the radio station the Port reserves its right to assign thepremises to the new ownership.

The new rental will be $3,750.00 per month.

At the end of every 12 months the monthly rental will be increased in accordance with the percentagechange in the Consumer Price Index for the 12 month period immediately preceding the annualadjustment date. In no case will this adjustment result in the lowering of the then existing monthlyrental.

The present performance deposit of $7,405.00 will be increased to $12,405.00. Commencing with thenew Lease Agreement, Oro Spanish Broadcasting will make 10 monthly payments of $500.00 to thePort so that the deposit will equate to the increased amount. Thereafter, the performance deposit willbe adjusted by the same percentage increase as the annual rental adjustment.

Oro Spanish Broadcasting will continue to be responsible for all maintenance, including road access..

Insurance requirements would conform with current Port requirements.

All other terms and conditions of the existing Agreement will remain the same.

)ARD ACTION REQUIRED:

MOTION

J RESOLUTION

0 ORDINANCE

INFORMATION ONLY


C7 V r, rr• r ti

The Proposed Agreement was reviewed pursuant to the requirements of the California EnvironmentalQuality Act (CEQA) and Port Guidelines and was determined to be Categorically Exempt per Section15301 (p) which applies to renewals, extensions or amendments to leases or license and concessionagreements or the execution of leases or licenses and concession agreements where the premises orlicensed activity was previously leased or licensed to the same or another person, and involvingnegligible or no expansion of use beyond that previously existing.

RECOMMENDATION:.

It is recommended that the Board of Port Commissioners approve the preparation of a new 10-yearLease Agreement, as outlined above, with Oro Spanish Broadcasting, Inc.

BOARD ACTION REQUIRED:47provad

.P571*-6. 4 P.4) OCT 3 1 1997


Agenda SheetSUBJECT: Recommend Approval of a New Lease with GTE Mobilnet

of California for 144 square feet of Terminal Space andfive (5) antennas.


• EXECUTIVE OFFICE RECOMMENDATION:

•


Item No. 3S

PROGRAM AREA

Airport Operations CI



1:3 Overall Operations

FACTUAL BACKGROUND

GTE Mobilnet of California operates, installs, and maintains wireless telecommunication sites comprising wirelesstelephone, radio and telecommunications services to the public.

GTE Mobilnet of California ("GTE") entered into a Right-of-Entry and Indemnity Agreement (ROE Agreement) withthe Port of Oakland effective February 3, 1997 providing for approximately 200 square feet of Type II terminal spacebetween Column lines 35 and 36 and match lines x and y (including necessary cable, utility runs and utility accessas approved by the Director of Aviation) in lower level of Building M-103, Terminal 1, South Field of the MetropolitanOakland International Airport. Five (5) radio antenna (GPS module/operational test antenna) will be located invarious locations throughout Terminals I and 11. This 45 day ROE agreement and two (2) 120 days extension wereapproved until a proposed multi-year Lease could be reviewed by the Port Legal Department, executed andprocessed for approval by the Board of Port Commissioners.

The proposed lease will be for five (5) years. The Lease may be terminated by the Port OF by on a 6 months' noticeand by GTE GT on 3 months' notice, subject to certain conditions. The lease allows for a one time option to GTE toextend the term of the Lease, for an additional five (5) year period.

Monthly Rent shall be a total of $2,190 per month, based on $10.00 per square foot for 144 square feet of space and$150.00 per month for five (5) antennas to be placed on the property. The Monthly Rent will be adjusted annually byno less than three percent (3%) based on CPI.

In addition to the Monthly Rent, GTE shall pay to the Port a one-time nonrefundable, administrative fee of TwoThousand Dollars ($2,000) to partially reimburse the Port for administrative costs incurred in connection with thisLease. Prior to commencement of the term of the Lease, GTE shall pay the Port the sum of Seven Thousand FiveHundred Dollars ($7,500) as a security deposit.

The proposed Lease is categorically exempt under the CEQA Guidelines adopted by the Port of Oakland, forimplementation of CEQA, pursuant to Section 15301(b) which exempts minor alteration of existing public utilityfacilities.

Recommendation

It is recommended that the Board give first reading to an ordinance approving the Lease with GTE Mobilnet ofCalifornia as outlined above and authorizing the Executive Director to execute the Lease document on behalf of thePort.

ci MOTION

• RESOLUTION

ORDINANCE

O INFORMATION ONLY

O MOTION

r71' • •

O ORDINANCE

O INFORMATION ONLY

OCT 3 1 1997


Agenda SheetSUBJECT: Approval of Lease Modification/Supplement

with the United States of America, Departmentof Transportation, Federal Aviation Administration(#1 Airport Drive, South Airport)

SUBMITTED BY: Steven J. Grossman Ale



Item No. 4S

PROGRAM AREA

Airport Operations


Maritime Operations


FACTUAL BACKGROUND:

The Federal Aviation Administration ("FAA") currently occupies a total of 3,622sf of space in Terminal I(Building M-102) and Building M-104 for its operation of the South Airport's Air Traffic Control Tower ("ATCT")under Lease No. DTFA08-92-L-14049 dated September 15, 1991, currently in its final option period endingSeptember 30, 1997.

The premises under this lease are comprised of 3,309sf in Terminal I (Building M-102) for office space,equipment, storage, control tower cab, training room and the fire escape landing (between 9th & 10th floors)and 313sf in Building M-104, housing the FAA's engine generator. The present rent is $2,143.64 per month.

FAA proposes to amend this Lease via a Lease Modification/Supplement which would extend the term of theLease for one (1) year from September 30, 1997 through September 30, 1998. The FAA presently is conductingsoils analyses on a proposed new ATCT site near Fed Ex Metroplex. If such analyses prove to be positive, theFAA would lease the new ATCT site and consolidate the activities of both the North and South ATCTs onto onesite under a long-term Lease.

This project has been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exemptsrenewals, extensions or amendments to leases or license and concession agreements where the premises orlicensed activity was previously leased or licensed to the same or another person, and involving negligible orno expansion of use beyond that previously existing.

RECOMMENDATION:

It is recommended that the Board pass a Resolution approving the above Lease Modification/Supplement withthe United States of America, Department of Transportation, Federal Aviation Administration and authorize theExecutive Director to execute it.

C:WIYDOCS BOARD TAANOV.DOC


Board of Port CommissionersCalendar Item

Approval of Lease Modification/Supplementfor United States of America, Departmentof Transportation, Federal Aviation Administration(#1 Airport Drive, South Airport)

ca

0,

South AirportAir Traffic

Control Tower(Terminal rzfrig. 11.1-1021

FAA Engine'

IGenerator

i 1 I

(Building M-104

Ar,

OaklandInternational Airport

eolith AirportMap Not to Scale

vo/

FEDERALEXPRESSBLDG.

OCT 3 1 1997

DATE


El MOTION

RESOLUTION

rl ORDINANCE

El INFORMATION ONLY

BY

BOARD ACT ON TAKEN

eseverm7 SECRETARY OF THE BOARD

Board of Port Commissoners - PORT OF OAKLAND

Agenda SheetSUBJECT: Approval of First Supplemental Agreement with

Existing Tenant Trans-Box Systems, Inc.(8260 Boeing, 1080 & 1090 Beachy, North Airport)

SUBMITTED BY: Steven J. Grossmankg-EXECUTIVE OFFICE RECOMMENDATION:

444


Item No. 5S

PROGRAM AREA





FACTUAL BACKGROUND:

Trans-Box Systems, Inc. ("TBS"), a courier service, occupied several former Navy barracks buildings on theNorth Field (i.e. L-621, L-633, L-635, L-643 and L-870 Annex) pursuant to a License and Concession Agreement("Original Agreement"), dated October 1, 1993 at a monthly rental of $10,789.17. The agreement expired onSeptember 30, 1994, and TBS has continued to occupy the premises pursuant to the agreement's holdoverprovisions.

The Port and TBS each desire to enter into a First Supplemental Agreement dated October 1, 1997 to extend theterm of the Original Agreement, adjust the rent for changes in the Consumer Price Index and to reflect deletionsof space due to flooding-related relocations, TBS' operational needs and Port contractual obligations to othertenants.

The Original Agreement would be modified by deletion of the following:

a. 2,088sf of shop and 1,152sf of paved parking in and adjacent to Bldg. L-621, effectiveSeptember 30, 1994;

b. 4,175sf of storage, 726sf of dock, 880sf of paved land and 1,000sf of unpaved parking in and adjacent toBldg. L-870 Annex, effective January 31, 1995;

c. 1,940sf of office/shop, 3,107sf of shop, 433sf of dock, 1,965sf of paved parking and 2,520sf of unpavedland in and adjacent to Bldg. L-643, effective July 17, 1995; and

d. 671sf of office/shop in Bldg. L-643, effective June 23, 1997.

The remaining premises TBS occupies as of June 24, 1997 consists of 2,327sf of shop in Bldg. L-621, 17,517sf ofoffice, shop, storage and unpaved land in and adjacent to Bldg. L-633, and 17,642sf of office, shop and unpavedland in and adjacent to Bldg. L-635.

Monthly rental would be modified as follows:

October 01, 1994 through January 31, 1995:February 01, 1995 through July 17, 1995:July 18, 1995 through September 30, 1995:October 01, 1995 through September 30, 1996:October 01, 1996 through June 23, 1997:June 24, 1997 through September 30, 1997:October 01, 1997 through September 30, 1998:

$10,295.27$ 9,265.86$ 7,802.64$ 7,919.68$ 8,117.67$ 7,938.34$ 8,152.67

Approval of First Supplemental Agreement withExisting Tenant Trans-Box Systems, Inc.(8260 Boeing, 1080 & 1090 Beachy, North Airport)November 3, 1997Page Two

This project has been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exemptsrenewals, extensions or amendments to leases or license and concession agreements where the premises orlicensed activity was previously leased or licensed to the same or another person, and involving negligible orno expansion of use beyond that previously existing.

RECOMMENDATION:


c:Irnydocs‘boardltbs2doc

SUBJECT PROPERTIES - BLDGS. L-621, L-633 & L-635TRANS-BOX SYSTEMS, INC.

RUNWAY 9R-27L (

DATEMOTION

RESOLUTION

O ORDINANCE

1 mrr-ID ft 1-linni r1R11

13


Agenda SheetSUBJECT: Approval of New License and Concession Agreement with

I.S.B.A., Inc. dba Oakland Flyers (8053 Earhart Road,North Airport)


EXECUTIVE OFFICE RECOMMENDATION:,


Item No. 6S

PROGRAM AREA

la Airport Operations


D Maritime Operations


FACTUAL BACKGROUND:



LOCATION RATE DATE

1,180sf of office spaceand 2,130sf of apron

space in and adjacent toBldg. L-712

$1,056.69/rno$.749+psf - office$.08+psf - apron

"B" I.S.B.A., Inc.dba Oakland Flyers*

10/1/97

*New ownership



RECOMMENDATION:


CAMYDOCSIBOARDMIDLTRWA.DOC

BOARD ACTION REQUIRED: OCT 3 1 1997

SUBJECT PROPERTY - BLDG. L-712INC. DBA OAKLAND FLYERS

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BOARD ACTION REQUIRED: 7,,EF-103 0 C T 3 1 19977 El MOTION

12-1( RESOLUTION

EI ORDINANCE

intrnszonnivrtnnt CAMP V



Agenda SheetSUBJECT: Approval of Lease Supplement with the United States

of America, Department of Transportation, FederalAviation Administration (Building L-904, North Airport)

SUBMITTED BY: Steven J. GrossmanibL


Date: October 31, 1997Item No. 7S

PROGRAM AREA

Airport Operations

• Commercial Real Estate


Overall Operations

FACTUAL BACKGROUND:

The following Lease Supplement is submitted for approval:

PROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLESSEE


"B" United States of 2,000sf of office and $14,064.96/yr $52,715.04/yrAmerica, storage space in $7.03+psf/yr $26.36-psf/yrDepartment of Bldg. L-904*Transportation,Federal AviationAdministration

10/1/97

*Premises include 150sf of unpaved land for an underground fuel storage tank.

The letter "B" indicates that the Agreement was not previously considered by the Board in establishing a target sate fornegotiation.


RECOMMENDATION:

It is recommended that the Board pass a resolution approving and authorizing execution of a Lease Supplement withthe United States of America, Department of Transportation, Federal Aviation Administration, as described above.

C:\MYDOCS\BOARD\USAFAA.DOC

SUBJECT PROPERTY - BLDG. L-904UNITED STATES OF AMERICA, DEPARTNENT OFTRANSPORTATION, FEDERAL AVIATION ADMIN.





Maritime Operations

Ei Overall Operations

SUBJECT: Approval of Plans and Specifications forDemolition of Building D-513,Harbor Transportation Center

SUBMITTED BY: Joseph K. Wong ?fv.1EXECUTIVE OFFICE RECOMMEyATI

El MOTION

RESOLUTIONEl

BOARD ACTION TAKEN


DATE

El ORDINANCE

El INFORMATION ONLY


Agenda Sheet

FACTUAL BACKGROUND:

Plans and Specifications have been prepared for DEMOLITION OF BUILDING D-513, HARBORTRANSPORTATION CENTER, OAKLAND, CALIFORNIA, and are hereby submitted for approval andauthorization to advertise for bids.

The work consists, in general, of demolition and removal of Building D-513, a 74,000 square-footwarehouse. This work is necessary in order to clear the site for construction of the Joint IntermodalTerminal (JIT) beginning in mid-1998.

CEQA and NEPA requirements were completed, respectively, with Board certification of the FinalEIR/EIS on September 2, 1997, and the signing of the Record of Decision by the Navy on August 27,1997. A First Supplemental Memorandum of Agreement with the State Historic Preservation Officerwas fully executed on April 11, 1997, and with the Advisory Council on Historic Preservation on April30, 1997.


RECOMMENDATION

It is recommended that the plans and specifications be approved and authorization be granted toadvertise for bids to be received on December 10, 1997.

BOARD ACTION REQUIRED: ACACIIma 1 1997

Approval of Plans and Specificationsfor Demolition of Building D-513,Harbor Transportation Center

Nov. 3, 1997

PO RT OF OAKLAND""ILA..p.BoR TRANspeRTATIaN CENTER

AREA D

SUBMITTED BY: Raymond A. BoyEXECUTIVE OFFICE RECOMMENDATION:

BOARD ACTION TAKEN


Agenda SheetSUBJECT: Approval of Right of Entry, Indemnity and Extension Agreementwith Caltrans for Landscaping on Radio Road


Item No. 27S

PROGRAM AREA

Airport Operations


Maritime Operations


On July 29, 1994, under Port Ordinance 3215, the Port sold to the State of California Department ofTransportation (Ca!trans) two parcels of Port land for the purposes of widening 1-80 next to the BayBridge Toll Plaza. Parcel 51701- 1 consists of 23,500 square feet and Parcel 51701-2 contains 3,672square feet. The deed also included a temporary construction easement for a strip of Port ownedproperty designated as Parcel 51701-3 comprising 62,194 square feet, approximately 33 feet wideand 2000 feet long on the north side of Radio Road. This Temporary Easement expires on January1, 1998.

Caltrans has requested an extension of this easement until January 1, 2003. Caltrans also wishesto enter into a new Right-of-Entry and indemnity Agreement on an additional parcel of Port propertylocated adjacent to and north of this strip. This parcel is approximately fifteen feet wide and +/-2000 feet long and is identified as Parcel 56318-1. Caltrans wishes to control exotic plant species inthis area and protect the native species landscaping required by the Bay Conservation andDevelopment Commission.

The subject one year extension for easement on Parcel 51701-3 along with the new one year Right-of-Entry and Indemnity Agreement for Parcel 56318-1 is required so that Caltrans and Port staff canappraise these parcels. When this has been completed, Caltrans will prepare and submit an offerof fair market value of a right of entry/temporary easement for the period January 1, 1998 to January1, 2003, together with interest from January 1, 1998 until payment of the fair market value. Onceagreement is reached on compensation, the Port will be requested to grant rights to January 1,2003 in both Parcel 51701-8 and Parcel 56318-1.

Caltran's project on this property is part of the mitigation measures adopted by Caltrans as part ofthe Environmental Impact Statement/Report on the 1-880 Cypress Freeway replacement and,therefore, no review pursuant to the requirements of the California Environmental Quality Act(CEQA) is required. All mitigation measures associated with the Cypress Freeway project are theresponsibility of the State of California.

Recommendation:

It is recommended that the Board approve the one year Right-of-Entry, Indemnity and ExtensionAgreement for Parcels 51701-3 and 56318-1 to the California Department of Transportation.


q MOTION

RESOLUTION

q ORDINANCE

INFORMATION ONLY

OCT 3 1 1997

I x 1

I Airport Operationsri Commercial Real EstateMaritime OperationsOverall Operations

SUBMITTED BY: Joseph K. Wong Ov--1

EXECUTIVE OFFICE RECOMME ION:

OCT 3 1 1997DATE


MOTIONR=Qe-11 1-n11N

ORDINANCE

INFORMATION ONLY

Board of Port Commissioh-rs - PORT OF OAKLAND

Agenda SheetApproval of Specifications for AnnualContract for Performing Emergency SpillResponse or Emergency Repairs in aHazardous Environment for Port of OaklandFacilities


Item No 35S

PROGRAM AREA

FACTUAL BACKGROUND:

The specifications for an annual contract for the following listed services are before the Board for approval:

"PERFORMING EMERGENCY SPILL RESPONSE OR EMERGENCYREPAIRS IN A HAZARDOUS ENVIRONMENT FOR

PORT OF OAKLAND FACILITIES FOR THE PERIODCOMMENCING JANUARY 1, 1998 AND ENDING

DECEMBER 31, 1998, 1999 OR 2000"

The specifications for this contract include a provision allowing the Port to renew the contract in one yearincrements through December 31, 2000. Renewal of the contract shall only occur if agreed to in writingby both the Port and the Contractor. Should the contract be renewed, all provisions of the contract shallapply, including the bid amount for percentage mark-up for direct labor costs.

This Contract will be used for work requiring quick response, such as emergency spill response,environmental clean-up work, and emergency utility repairs in a hazardous environment; or for smallprojects of abatement and/or removal of hazardous materials where it is uneconomical to follow the normalcontracting process.

Spill response, abatement, environmental clean-up and emergency utility repair work is usually done asdirected in the field and these types of work are difficult to define precisely for bid. The chief variable forsuch work becomes the efficiency with which the effort is managed, and this is best expressed as asurcharge on the labor. Equipment costs are specified at Caltrans rates. Since individual tasks are difficultto define for bid and usually must be field directed, it is appropriate to bid an annual contract based ona labor surcharge and to provide for two one-year renewals in order to realize available savings in timeand contract preparation costs.

The cost of spill response, abatement, environmental clean-up and emergency utility repair work isincluded in the Operating Budget for Fiscal Year 1997-98. The funding source is Port cash. Other workwhich may be performed under this contract will be covered by either the operating or capital budget.

RECOMMENDATION

It is recommended that the specifications be approved and authorization be granted to advertise for bidsto be received on November 26, 1997.





Port Attorney


COMMISSIONERSCELSO D. ORTLZ

President






Tuesday, October 21, 1997 - 3:00 P.M.

ROLL CALL

Commissioners Cole, Harris, Kramer, Lockhart, Loh, Taylorand President Ortiz

READING OF THE MINUTE (Deferred)

Special Meeting of September 2, 1997, Regular Meeting ofSeptember 16 and October 7, 1997

ITEMS REQUIRING CLOSED SESSION

See Item 40

REPORT OF PRESIDENT

REPORT OF EXECUTIVE DIRECTOR

REPORT OF ACTING CHIEF FINANCIAL OFFICER

READING OF SUMMARY ITEMS (Marked "S")

7 Items.

Action by the Board under "Reading of Summary Items" meansthat all of the matters listed have been summarized and areconsidered to be perfunctory in nature and will be adopted by onemotion and appropriate vote. Summary items may be removedfrom the summary for discussion at the pleasure of the Board.

ITEMS FOR DISCUSSION AND POSSIBLE ACTION

AIRPORT

1 Approval of Third Supplemental Agreement to Lease ConcessionAgreement (Newsstand and Gift Shop) with Air Terminal Services,Inc. (#1 Airport Drive, South Airport). (Resolution)

2S An Ordinance Amending Sections 2.c and 9.a(2) of PortOrdinance 1149 Relating to Changes for Use of Facilities atMetropolitan Oakland International Airport. (Ordinance)

3S First Reading of an Ordinance Granting Easement to East BayMunicipal Utility District (EBMUD) for Installation of Water MainServing the ARFF Facility, MOIA. (Ordinance)


11 Jack London Square Events Policy. (Ordinance)

12S Approval of New License and Concession Agreement withHarrison's Boat Center, Inc. (Resolution)


MARITIME

21 Lease Agreement with AMPM Service Co., Inc. at the HarborTransportation Center. (Ordinance)

22 Oro Spanish Broadcasting - 10-Year Lease Agreement.(Ordinance)


24 Ratification of Change Order to Current Dredging Contract to DoCritical Shoal Removal Work. (Resolution)

25 Approval of Increased Funding Under the Agreement withHartman Consulting Corporation. (Resolution)

26S Secondary Use Request of American President Lines for SouthSeas Steamship Co. Ltd. to Use the APL Terminal. (Resolution)

27 Supplemental Agreements with Hyundai Merchant Marine Co. Ltd.and Tra Pac Amending Compensation Provisions for Wharfage.(Resolution)

Regular Meeting - October 21, 1997 Page 2

OPERATIONS


32S This number is not used.


CLOSED SESSION


Vote on the Following Resolutions except #1:

Ayes: Commissioners Harris, Kramer, Loh, Taylor and Presiden t Ortiz - 5Noes: NoneAbsent: Commissioners Cole and Lockhart - 2

Vote on the Resolution #1:Ayes: Commissioners Harris, Kramer, Taylor and President Ortiz - 4Noes: Commissioner Loh - 1Absent: Commissioners Cole and Lockhart - 2

RESOLUTIONS

1 97317

2 97318

3 97319

4 97320

5 97321

6 97322

AUTHORIZING THE EXECUTION OF A THIRD SUPPLEMENTALAGREEMENT TO LEASE AND CONCESSION AGREEMENT (NEWSSTANDAND GIFT SHOP) WITH AIR TERMINAL SERVICES, INCORPORATED.(Airport - 1)

APPROVING AND AUTHORIZING THE EXECUTION OF A CERTAIN LICENSEAND CONCESSION AGREEMENT WITH HARRISON'S BOAT CENTER, INC.(Commercial Real Estate - 12S)

APPROVING AND RATIFYING ISSUANCE OF CHANGE ORDER FORCONTRACT WITH MANSON CONSTRUCTION & ENGINEERING CO., FORDEEPENING OF BERTHS 23, 24, 25, 26, TO -44' AND DREDGING OFBERTHS 20, 21, 30, 32, 33, 67, 68, PORT OF OAKLAND, OAKLAND,CALIFORNIA. (Maritime - 24)

FINDING AND DETERMINING THAT A PROPOSED SECONDSUPPLEMENTAL AGREEMENT WITH HARTMAN CONSULTING GROUP FORENVIRONMENTAL CONSULTING SERVICES CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDING ANDAUTHORIZING EXECUTION OF SAID SECOND SUPPLEMENTALAGREEMENT. (Maritime - 25)

CONSENTING TO DESIGNATION OF SECONDARY USE BY AMERICANPRESIDENT LINES, LTD. TO SOUTH SEAS STEAMSHIP CO. ANDAPPROVING AMERICAN PRESIDENT LINES, LTD. USE AGREEMENT WITHSOUTH SEAS STEAMSHIP, CO. (Maritime - 26S)

AUTHORIZING EXECUTION OF SUPPLEMENTAL AGREEMENTS WITHTRANS PACIFIC CONTAINER SERVICE CORPORATION AND HYUNDAIMERCHANT MARINE CO. LTD. (Maritime - 27)

RESOLUTION CONCERNING CERTAIN TRAVEL. (Operations - 33S)

APPROVING AND AUTHORIZING EXECUTION OF SETTLEMENTAGREEMENTS WITH 1) WILLIAM CHARLES GROENIGER, JR., WILLIAMCHARLES GROENIGER, JR. TRUST, MICHAEL H. GROENIGER,GROENIGER & COMPANY, AND 2) ROYAL INSURANCE COMPANY.(Resolution Only)

7 97323

8 97324


Vote on the following Ordinances except Number 3:Ayes: Commissioners Harris, Kramer, Loh, Taylor and President Ortiz - 5Noes: NoneAbsent: Commissioners Cole and Lockhart - 2

Vote on Ordinance Number 3:Ayes: Commissioners Harris, Loh, Taylor and President Ortiz - 4Noes: Commissioner KramerAbsent: Commissioners Cole and Lockhart - 2

ORDINANCESPort Ordinance No. 3388 being, "AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A MASTER LEASE AND SITEMANAGEMENT AGREEMENT WITH DIABLO COMMUNICATIONS INC."

Final.

Port Ordinance No. 3389 being, "AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A LEASE WITH PARK TILDENCORPORATION."

Final.

Port Ordinance No. 3390 being, "AN ORDINANCE ADDING SECTION 1.3399TO PORT ORDINANCE NO. 867 FIXING THE COMPENSATION OF ---CERTAIN EMPLOYEES OF THE PORT DEPARTMENT."

Final.

Port Ordinance No. 3391 being, "AN ORDINANCE AMENDING PORTORDINANCE NO. 1166, RELATING TO EMPLOYEE PARTICIPATION IN THEPUBLIC EMPLOYEES' RETIREMENT SYSTEM, HEALTH BENEFITSPROGRAM, ADDING SECTION 7, AUTHORIZING PAYMENT OF CASH INLIEU OF BENEFITS UPON PROOF OF ALTERNATE MEDICALCOVERAGE."Final.

Port Ordinance No. 3392 being, "AN ORDINANCE AMENDING ANDCORRECTING SECTION 1.3397 OF PORT ORDINANCE NO. 867 FIXINGTHE COMPENSATION OF CERTAIN EMPLOYEES OF THE PORTDEPARTMENT."Final.

Port Ordinance No. being, "AN ORDINANCE AMENDING SECTIONS 2, 9,10.1, 10.2, 10.3 AND 10.12 OF PORT ORDINANCE 1149 RELATING TOCHARGES FOR USE OF FACILITIES AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT."

Airport - 2s to Print.

Port Ordinance No. being, "AN ORDINANCE GRANTING ANDAUTHORIZING EXECUTION OF AN EASEMENT TO EAST BAY MUNICIPALUTILITY DISTRICT."

Airport - 3S to Print.

Port Ordinance No. being, "AN ORDINANCE FORMULATING ANDESTABLISHING CONDITIONS AND PROCEDURES FOR THE CONDUCTAND REGUALTION OF EVENTS HELD IN THE JACK LONDON SQUAREPORTION OF THE PORT AREA. "

Commercial Real Estate - 11 to Print.

Port Ordinance No. being, "AN ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION OF LEASE WITH AM-PM SERVICE CO.AND DIRECTING RECORDATION THEREOF. "

Maritime - 21 to Print.


2

3

4

5

7

8

8

9

10 Port Ordinance No. being, "AN ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION OF LEASE WITH ORO SPANISHBROADCASTING, INC. AND DIRECTING RECORDATION THEREOF."

Maritme - 22 to Print.

APPEARANCES

ADJOURNMENT: To Friday, October 31, 1997, 2:30 p.m.




El MOTION

Md RESOLUTION

ORDINANCE

OCT 2 1997

DATE

r


Agenda SheetSUBJECT: Approval of Third Supplemental Agreement to Lease Concession

Agreement (Newsstand and Gift Shop) with Air Terminal Services,Inc. (#1 Airport Drive, South Airport)







FACTUAL BACKGROUND:

Air Terminal Services, Inc. (ATS) requests approval of a modification to the rent due from disadvantaged businessenterprise (DBE) Ready For Take Off merchandise cart operators.

ATS is the Airport's newsstand and gift shop concessionaire. ATS generates approximately $4 million in newsstandand gift shop gross receipts and pays the Port $60,414 minimum monthly guaranteed rent PLUS 20% of gross receiptsexceeding $333,333 per month ($725,952 minimum annual rent plus 20% of gross receipts exceeding $4,000,000 peryear). In FY96/97, ATS paid the Port $800,000 in newsstand/gift shop rent.

As part of its DBE participation program, ATS initiated sublicenses with Ready for Take Off merchandise cartoperators. The carts started operation in the Summer of 1996. The current rent due from the cart operators is:

5% of monthly gross receipts the first 12 months of operation10% of monthly gross receipts the second 12 months of operation15% of monthly gross receipts the third 12 months of operation andAt the start of the 4th year of operation, the rent is:15% of monthly gross receipts less than or equal to $10,00018% of monthly gross receipts exceeding $10,000 but less than $20,00020% of monthly gross receipts equal to or exceeding $20,000.

The proposed Third Supplemental Agreement to the Lease would:

A. retroactively change the cart rent as follows:

1) For the period commencing June 1, 1996 through June 30, 1999, rent due the Port from the Ready ForTake Off cart operators would be:2% of monthly gross receipts < $3,0003% of monthly gross receipts > $3,000 but < $5,0004% of monthly gross receipts > $5,000 but < $6,0005% of monthly gross receipts > $6,000

2) For the period commencing July 1, 1999 through June 30, 2000, rent due the Port from the Ready ForTake Off cart operators would be 7% of all monthly gross receipts

3) For the period commencing July 1, 2000 and thereafter, rent due the Port from the Ready for Take Offcart operators would be 10% of all monthly gross receipts.

Approval of Third Supplemental Agreement to Lease ConcessionAgreement (Newsstand and Gift Shop) with Air Terminal Services,Inc. (#1 Airport Drive, South Airport)October 21, 1997Page two

B. The difference in the original 5% rent due the Port and the retroactively reduced rent would be available to thecart operators currently in business at the Airport in the form of a rent credit. If any operator's occupancy atthe airport terminates, then any remaining rent credit would be forfeited and not returned to the operator. TheReady For Take Off cart operators generated approximately $600,000 in gross receipts over the first 13 monthson which 5% rent ($30,000) is due the Port. The retroactive rent credit would total approximately $10,000reducing the amount of rent due the Port to $20,000.

C. The Ready For Take Off cart operators would not be subject to ATS' Lease requirement to pay nonmanagementpersonnel not less than the generally prevailing rate of per diem wages for work of a similar character in thelocality.

D. The Ready For Take Off cart operators would not be subject to ATS' Lease requirement to employ anindependent certified public accountant, but instead, the Ready For Take Off cart owner or the operator's chieffinancial officer would be required to furnish each April 1 st the required written statement to ATS and the Portcertifying that the rental payments made during the prior year were made pursuant to the terms of the Leaseand Concession Agreement between the Port and ATS and the License Agreement between ATS and the cartoperator.

This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or licenses and concession agreements where the premises or licensed activitywas previously leased or licensed to the same or another person, and involving negligible or no expansion of usebeyond that previously existing.

Recommendation:

It is recommended that the Board pass a resolution approving and authorizing the Executive Director to sign the ThirdSupplemental Agreement with Air Terminal Services, Inc. as described above.

cAmydocslboard\ats3bit.doc

SUBJECT: Jack London Square Events Policy Date: October 21, 1997Item No. 11PROGRAM AREA

Airport Operations

Commercial Real Estate(SUBMITTED BY: Joyce Washington /72Z: ://.47

EXECUTIVE OFFICE RECOMMENDATION:Maritime Operations

Overall Operations

0

MOTION

RESOLUTION

El ORDINANCE

D INFORMATION ONLY AR.C.TA N T SECRETARY OF THE BOARD



Agenda Sheet

FACTUAL BACKGROUND:

Over the past nine years, through intensive marketing and leasing efforts, jack London Square hasbecome a major community events center in the Bay Area. With events ranging from the FarmersMarket on Sundays throughout the year to the traditional Lighted Yacht Parade and Fourth of Julyfireworks, we have positioned ourselves as an attractive venue for both large and small events. Wehave received numerous requests to host events, and have found it necessary to develop an eventspolicy to clarify the Port's goals and objectives for events at the Square.

The policy, which is enclosed, outlines the primary objectives of events at the Square: to encourageactivities for the benefit of the Port of Oakland's tenants and subtenants, and to enhance access of thecitizens of Oakland and the region to the waterfront area. In addition, it establishes policies andprocedures to encourage self-supporting events by providing for the recovery of the incremental costsincurred by the Port in connection with the events. The policy also establishes procedures for obtainingevent permits and vendor permits and authorizes the Director of Commercial Real Estate to establishfees for events and vendor permits.

Recommendation:

It is recommended that the Board give first reading to an ordinance covering the Jack London Squareevents' policies and procedures.

BOARD ACTION REQUIRED:t,Ay

astw-d gywOCT 2 .1997

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El MOTION

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ORDINANCE

I 1 INFORMATION ONLY


/k5;,P3T-ANT SECRETARY OF THE BOARD

Roctatc. lwrCh'e

avattad Ica WOOCT 2 1 1997


Agenda SheetSUBJECT: Lease Agreement with AMPM Service Co., Inc. Date: October 21, 1997

at the Harbor Transportation Center Item No. 21.

PROGRAM AREA

FACTUAL BACKGROUND:.AMPM Service Co. ("AMPM") conducts maritime equipment maintenance/repair and containerstorage operations on land area located near the corner of 5th Avenue and Embarcadero whichincludes a 14,916 square foot warehouse building. The current License and Concession Agreementwith the Port is in holdover status and AMPM pays monthly rental of $5,022.83 for the facility.

Representatives from AMPM are now interested in relocating operations to the HarborTransportation Center (HTC) Building 833 Maintenance Facility.

We have negotiated a 5 year Lease Agreement with AMPM for the HTC Building 833 MaintenanceFacility where they will occupy approximately 43,052 square feet, including 21,780 square feet of openarea. Rental will be $7,977.00 per month at commencement of the Agreement. Beginning eachsubsequent year the rental •will automatically be int., e.ed by no less than 3% nor more than 5% basedupon the percentage change in the Consumer Price Index (CPI) for the 12 month period immediatelypreceding the annual adjustment date. In consideration of this rental level, AMPM will hire andprovide two year training internships for up to 5 West Oakland residents during each 2 year trainingperiod. Consequently, the potential is for up to 15 West Oakland residents being trained over the termof the Agreement. If operations change to where AMPM utilizes additional outside open area beyondthat specified in the Lease Agreement then AMPM will pay rental for such area based upon theprevailing Port tariff rate for such land. In the event AMPM discontinues the training program therent will automatically increase from $7,977.00 to $11,965.00 per month.

AMPM will pay for all utilities and be responsible for all maintenance and repair to the property,including surface, utilities and fencing as well as any utility improvements which may be requiredduring the term of the Agreement. The Lease Agreement may be canceled by either party upon 180days written notice.

Beyond the base 5 year term, the Agreement will be subject to renegotiation of term andcompensation.

The Lease Agreement provides for a mutually beneficial commercial arrangement and provides aunique opportunity to fulfill the desires of the local community.

The proposal was reviewed pursuant to the requirements of the California Quality Act (CEQA) andthe Port CEQA Guidelines and was determined to be Categorically Exempt per Section 15301 (p). Nofurther environmental review is necessary.

RECOMMENDATION: Approval of a Lease Agreement with AMPM Service Co., Inc. as outlinedAbove.

SUBJECT: Oro Spanish Broadcasting -10 Year Lease Agreement


Item No 22

EXECUTIVE OFFICE RECOMMEND TION:

)1&e)SUBMITTED BY: Raymond A. Boyle

PROGRAM AREA


I J Commercial Real EstateI X 1 Maritime Operations


BOARD ACTION TAKEN

OCT 2 1 1997


Agenda Sheet


Oro Spanish Broadcasting, Inc. occupies 12.75 acres of water and land on the north side of the BayBridge toll plaza as a radio transmitter site for radio station KIQI-AM under a ten year LeaseAgreement with the Port. This lease Agreement will expire on December 31, 1997.

Oro Spanish Broadcasting's current Agreement provides for monthly rental of $3,383.00 per monthwith yearly rental adjustments based on changes in the Consumer Price Index. The two other radiotransmitter sites in the area are paying comparable rents with yearly rental adjustments. KDIA has 4years remaining on its lease, and KABL has 1 year remaining.

Oro Spanish Broadcasting has requested a new 10-year lease Agreement. The proposed key elementsare as follows:

Although the new Lease Agreement term will be for 10 years, the Port may terminate the LeaseAgreement upon one year's written notice if the Assigned Area is required for other Port uses.

In the event there is a change of ownership in the radio station the Port reserves its right to assign thepremises to the new ownership.

The new rental will be $3,750.00 per month.

At the end of every 12 months the monthly rental will be increased in accordance with the percentagechange in the Consumer Price Index for the 12 month period immediately preceding the annualadjustment date. In no case will this adjustment result in the lowering of the then existing monthlyrental.

The present performance deposit of $7,405.00 will be increased to $12,405.00. Commencing with thenew Lease Agreement, Oro Spanish Broadcasting will make 10 monthly payments of $500.00 to thePort so that the deposit will equate to the increased amount. Thereafter, the performance deposit willbe adjusted by the same percentage increase as the annual rental adjustment.

Oro Spanish Broadcasting will continue to be responsible for all maintenance, including road access.

Insurance requirements would conform with current Port requirements.

All other terms and conditions of the existing Agreement will remain the same.


MOTION

RESOLUTION

X1 ORDINANCE

1 1 INFORMATION ONLY

The Proposed Agreement was reviewed pursuant to the requirements of the California EnvironmentalQuality Act (CEQA) and Port Guidelines and was determined to be Categorically Exempt per Section15301 (p) which applies to renewals, extensions or amendments to leases or license and concessionagreements or the execution of leases or licenses and concession agreements where the premises orlicensed activity was previously leased or licensed to the same or another person, and involvingnegligible or no expansion of use beyond that previously existing.

RECQIIMENDATlahli

It is recommended that the Board of Port Commissioners approve the preparation of a new 10-yearLease Agreement, as outlined above, with Oro Spanish Broadcasting, Inc.

Board of Port Cornmissionis - PORT OF OAKLANDAgenda Sheet

SUBJECT: Ratification of Change Order Date:to Current Dredging Contract to Item No.Do Critical Shoal Removal Work

October 21, 1997

211

PROGRAM AREAn Airport Operationsri Commercial Real EstateE Maritime Operationsn Overall Operations



FACTUAL BACKGROUND:

The Port has a contract with Manson Construction & Engineering Co. (Manson) to performDEEPENING OF BERTHS 23, 24, 25, 26, TO -44' AND DREDGING OF BERTHS 20, 21, 30,32, 33, 67, 68, PORT OF OAKLAND, OAKLAND, CALIFORNIA, which became effective onNovember 22, 1996. The work consisted of dredging the berths to the depths indicated anddisposing of suitable material at the Alcatraz disposal site, and removal and placement ofcontaminated dredge spoils at the Berth 10 rehandling site. The work was suspended under theterms of the Corps of Engineers and BCDC permits from January 1, 1997 to March 1, 1997,during the herring spawning season.

During the months of December, January, and February, the flooding in the Sacramento RiverDelta greatly increased the siltation rate and shoaling throughout the Port, adding to the volumeof materials to be removed under the contract. Berths 35 and 37, while not scheduled to bedredged under this contract, also showed shoaling which affected ship traffic. It was critical totenant operations to dredge the shoaled portions of these berths as quickly as possible. Thenecessary permit amendments were obtained from the Corps of Engineers and the Contractorwas directed to dredge Berths 35 and 37 to contract elevations.

The dredging of additional material at the contract berths was paid for under the unit priceprovisions of the contract. To accomplish the dredging at Berths 35 and 37, a change order wasnegotiated with Manson to accomplish the work at the bid unit price of $3.50 per cubic yard formaintenance dredging. The Contractor removed 22,013 cubic yards of material at the unit priceof $3.50 per cubic yard, for a contract change order total of $77,045.50.

RECOMMENDATION:

It is recommended that the Board ratify the Change Order in the amount of $77,045.50 toManson Construction & Engineering Co., for emergency maintenance dredging of Berths 35 and37.

APPROITRID WW zEsumerstr:

12'1" 91,./qOCT 2 11997BOARD ACTION REQUIRED:

ci MOTION BOARD CT ?N TAKEN DATEE RESOLUTIONEl ORDINANCE

INFORMATION ONLY SECRETARY OF THE BOAR

D MOTION

RESOLUTION

O ORDINANCE

El INFORMATION ONLY

BOARD CT ON TAKEN DATE


Agenda SheetSUBJECT: Approval of increased funding under the Agreement with

Hartman Consulting Corporation

SUBMITTED BY: Joseph K. Wong OV°1EXECUTIVE OFFICE RECOMMENDATION:

Date: October 21, 1997Item No.

PROGRAM AREA

O Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

The Port currently has an agreement with the Hartman Consulting Corporation to conduct Habitatand Hydrodynamic investigations in support of the -50 ft Deepening Project. Since preparation ofthe original agreement, the scope of work needed to complete the studies to the satisfaction of theresource and regulatory agencies has continued to evolve. In order to expedite the project and tobuild a broad base of support for the various dredged material reuse options, the Port invited severalregulatory agencies and environmental groups to form a Technical Advisory Committee (TAC) andto participate in the planning of the studies required to develop the proposed Middle Harbor HabitatEnhancement Area as a disposal site for the -50 ft. channel deepening project. These agenciesand groups include California Department of Fish and Game, National Marine Fisheries Service, USFish and Wildlife Service, Save San Francisco Bay Association, Bay Conservation and DevelopmentCommission, Audubon Society, East Bay Regional Parks, Sierra Club and the West OaklandCommunity.

The recommendations made by the TAC will help to ensure that the data generated by ourconsultants will be acceptable to those parties and therefore adequate to support project permitting.The TAC input will also help the Port prepare a more complete and defensible environmentaldocument and should help expedite the permit process which will be critical to the timely completionof both the -50 ft. Deepening and the Berth 55-58 Development. However, the additional work hasincreased the total scope and cost of the consultant work beyond that currently authorized. Theadditional work requested by the TAC has been reviewed and negotiated by Port Staff and has beendetermined to be reasonable and an appropriate use of Port funds. Failure to cooperate with theTAC may cause delays in the Port's extremely ambitious project schedule. Any delays in theschedule may result in the Port failing to make the deadlines required for the -50 ft. Deepeningproject to be funded in WRDA 98.

The original Board approval authorized a maximum compensation of $996,040. That maximumwas increased in September 1997 when the Executive Director authorized a change in scope andthe use of the $250,000 contingency allowance which increased the maximum allowablecompensation to $1,246,040. The change in Scope of Work included initiation of:

• expansion of the biological sampling program,• preparation of documentation required under the Endangered Species Act• preparation of sections of the EIR/S for the 50-ft. project, and• support for the Port's public outreach efforts.

BOARD ACTION REQUIRED: OCT 2 1 1997

Additional work approved by ExecutiveDirectorTotal Currently Authorized Total Proposed New AuthorizedMaximum

9/5/97 $ 250,000

$1,246,040$1,421,040

Proposed change in scope allowancewith Executive Director Approval

$ 150,000

Approval of increased funding under the Agreement Page 2with Hartman Consulting Corporation October 21, 1997

Since the authorization for use of the contingency allowance, we have identified the need for oneadditional task, coordination with the Port's team designing the public access improvements aroundthe new habitat, to ensure that the habitat and public access are compatible.

The cost to complete all of these additional tasks will exceed the current maximum allowablecompensation of $1,246,040 by $175,000. Therefore, a Supplemental Agreement with theHartman Consulting Corporation is required to increase the compensation under the contract andto fully define the changes in the Scope of Work. The new maximum compensation would then beincreased to $1,421,040. In addition, it is recommended that the Supplemental Agreement providethat the Executive Director may authorize an additional $150,000 if further changes in the Scope ofWork are required. The prime consultant under this contract, Hartman Consulting Corporation, hasrecently moved its local office to Oakland. Most of the work to be authorized under the contractsupplement would be performed by the prime and subconsultants located within the LocalBusiness Area.

The additional funding is covered under CIP item number MA.02871.01. The funding source isPort cash.

SUMMARY OF COSTS

RECOMMENDATION:


1. Authorize the preparation and execution of a First Supplemental Agreement with theHartman Consulting Corporation to provide the additional services described above as wellas the work as defined in the Original Agreement fora total compensation not to exceed$1,421,040; and

2. Authorize the Executive Director to approve additional work in an amount not to exceed$150,000.

Date: June 17, 1997

Item No. 21

PROGRAM AREAAirport OperationsCommercial Real EstateMaritime Operations


I II I

$996,040

$250,000


Total Additional Workwith Executive Director

SUMMARY OF COSTS

DESCRIPTION DATE Aurn-toiump PROPOSED

Original Agreement


2/4/97 $996,040

$150,000

Board of Port Commission-.s - PORT OF OAKLANDAgenda Sheet

SUBJECT: Approval of Increased Contingency FundingAnd Authorization For The ExecutiveDirector To Rescope Tasks Under The

-.Agreement With Hartman Consulting Group



FACTUAL BACKGROUND:

The Port currently has an agreement with the Hartman Consulting Corporation to conduct Habitatand Hydrodynamic investigations in support of the 50-ft. Deepening Project. The existing agreementprovides for compensation on a cost plus fixed fee basis up to a total maximum of $996,040 with anadditional $150,000 available upon approval of the Executive Director. Since preparation of the originalagreement, the scope of the deepening project has continued to evolve. Some of the work originallycalled for under the agreement is no longer required, and the need for the following additional work taskshas been identified:

• Prepare the documentation necessary to consult with the U.S. Fish and Wildlife Service regardingimpacts upon threatened and endangered species.

• Prepare sections of the EIR/S for the 50-ft. project for direct incorporation into that document, and• Prepare graphics and assist with public outreach.

In order to respond to the changing project requirements in a timely manner, it is proposed that:the amount of funding available upon approval of the Executive Director be increased to $250,000, and

the Executive Director be granted the authority to redistribute the allocated funds among new andexisting tasks as needed to support the environmental analysis of the 50-ft. Deepening Project.

The proportion of work performed by each of the subconsultants in the Local Business Area,especially Oakland based firms, will remain the same or will increase due to the task modifications.

The additional funding is covered under CIP item number MA.02871.01. The funding source is Portcash.

RECOMMENDATION:


1. Increase the amount of additional funding available upon approval of the Executive Director underthe existing agreement to $250.000, and

2. Authorize the Executive Director to approve rescoping of the agreement tasks as needed tosupport the environmental analysis of the 50-ft. Deepening Project.


ri MOTIONXI RESOLUTION




MOTION13: RESOLUTION

0 INFORMATION ONLY




SUBJECT: Approval to Hire Hartman Consulting Groupto Conduct Habitat and HydrodynamicInvestigations Associated with the50' Channel Deepening Project

SUBMITTED BY: Frederick R. Ferrin "\j)(:)`--Z-Z

EXECUTIVE OFFICE RECOMMENDATION*•

Date: February 4, 1997 Item No. 21

PROGRAM AREA

• Airport Operations• Commercial Real EstateOQ Maritime Operations• Overall Operations

FACTUAL BACKGROUND:

In order to accommodate the newest generation of deep draft container ships, the Portmust deepen the shipping channels and Port-maintained berths to a maximum depth of 50 feetbelow MLLW (exc(uding overdredge). Approximately 20 million cubic yards of sediment couldbe dredged in this effort. Port staff has begun the process of evaluating disposal options forthis sediment, including ocean disposal, in-Bay, upland and nearshore reuse construction fill,and reuse as capping material for contaminated sediment sites in San Francisco Bay. One ofthe more promising options is to use the material for habitat creation in the Middle Harbor. This teoption could save money compared to some the other options, as well as provide marine habitatbenefits for the Oakland shoreline.

The Port issued a request for proposals in November to previously experienced firmsto assist the Port in the habitat and hydrodynamic investigations needed to pursue the habitatand fill disposal options. Of the three consultant teams competing, the selection committeecomprised of staff from the Environmental Department, Engineering Project Management, Officeof Equal Opportunity, and a Representative of the U.S. Army Corps of Engineers determined thatthe Hartman Consulting Group rated highest. Approximately 15% of the work will be performedby Oakland-based M/WBE subconsultants, and another 18% of the work will be performed bya non-Oakland WBE. The Port's Office of Equal Opportunity concurs in this selection.

COST OF SERVICE

It is proposed that Hartman Consulting Group be paid up to $996,040 on a cost plusfixed lee basis for performing the scope of work, plus, if needed, an additional $150,000 whichmay be approved by the Executive Director.

RECOMMENDATIONS



2. Authorize the preparation and execution of an agreement with Hartman Consulting Groupto provide the above-described professional services for the 50-foot deepening project, upto a total of $996,040.

3. Authorize the Executive Director to approve additional work in an amount up to $150,000,if needed.



7 MOTION

MON

ri ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Supplemental Agreements with

Hyundai Merchant Marine Co. Ltd.-and Tra Pac Amending CompensationProvisions for Wharfage

ABSUBMITTED BY: Raymond A. Boyle




Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

Hyundai Merchant Marine Co. Ltd. ("HMM") has a five year Terminal Use Agreement(TUA) at the Seventh Street Marine Container Terminal where terminal services areprovided by Marine Terminals Corporation (MTC).

HMM recently entered into an interim Federal Maritime Commission approvedReciprocal Slot Exchange Agreement with the Global Alliance group of shipping linescomprised of Orient Overseas Container Line, American President Lines and MitsuiO.S.K. Lines ("MOL"). Under this temporary arrangement Hyundai cargo in Oaklandwill also be handled from and to MOL ships which call at Berth 30 where terminalservices are provided by MOL's tenuinal subsidiary, Trans Pacific Container ServiceCorporation ("TraPac"). Concurrently, MOL cargo will also be handled from and toHMM ships at the Seventh Street Terminal. As a result of these interim arrangements,HMM and TraPac have asked the Port to temporarily modify their terminal Agreements.The proposed modifications are as follows:

- MOL cargo from and to HMM vessels at the Seventh Street Terminal will be subjectto the same compensation terms and economic benefits presently received at Berth 30;

- HMM cargo on MOL vessels at Berth 30 will be subject to the same compensationterms and economic benefits presently received at the Seventh Street Terminal.

These interim Supplemental Agreements will remain in effect through December 31,1997. Beginning early next year, HMM plans to contribute its fleet of line-haul vessels tothe existing pool of shipping lines which participate in the Global Alliance. We arepresently reviewing and discussing with all concerned parties how these rationalizationprograms will impact the Port and will recommend future Port actions as appropriate.

RECOMMENDATION: Approval of the proposed modifications to the Agreementsbetween Hyundai and the Port; and, TraPac and the Port, as outlined above. TheSupplemental Agreements will be filed with the Federal Maritime Commission inaccordance with the Shipping Act of 1984.


: October 21, 1997Date:

Item No. 40 PROGRAM AREA


BOARD ACTION TAKENnAWX4,C",,14.7134.1tigs

OCT 2 1 7997

DATEMOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY-vo-7

AtstaAtIT SECRETARY OF THE BOARD


Agenda Sheet



Airport Operations


FACTUAL BACKGROUND:


City of Oakland v. Keep on Trucking Company, Inc., et al, U. S.District Court Case No. C-95-0372-0.A/

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section54956.9: Three Cases.


Property:


9. i acre site located on the westerly side ofMiddle Harbor Road, southerly of 7th Street inOuter Harbor, Oakland, California

Port of Oakland and Dongavy Investments, Ltd.(2225 - 7th Street, Oakland, California)



AIRPORT

2S An Ordinance Amending Sections 2.c and 9.a(2) of Port Ordinance1149 Relating to Changes for Use of Facilities at MetropolitanOakland International Airport. (Ordinance)

Recommends approval to provide more clarity in the rates andcharges ordinance at the Airport.

3S First Reading of an Ordinance Granting Easement to East BayMunicipal Utility District (EBMUD) for Installation of Water MainServing the ARFF Facility, MOIA. (Ordinance)

Recommends approval of the easement for the installation of thenew water line.


12S Approval of New License and Concession Agreement with Harrison'sBoat Center; Inc. (Resolution)

Recommends approval of a new agreement for space onEmbarcadero for the sale of boats.

Award of Contract for Construction _of Enhancements to FerryiTerminal, Jack London Square. (Resolution) I,Notifies of the bids received and recommends award of the contractto the low bidder. - -- '

MARINE TERMINALS

26S Secondary Use Request of American President Lines for South SeasSteamship Co. Ltd. to Use the APL Terminal. (Resolution)

Recommends approval of APL's request for South Seas SteamshipCompany's use of their terminal.

OPERATIONS

32S Approval of Specifications,--fail Annual Contract for PerformingEmergency /Spill Response or /Emergency Repairs in a az'ai:dOusEnvironment for Port of Oakland Facilities. (Resolusiori

Recommends approval and authority to advertise for bids for theannual contract.


Recommends approval of the travel of the Port's delegation to-certzth cities*:r. _ _ • - -

DATE• MOTION

O RESOLUTION

ORDINANCE

BOARD A TION TAKEN

/ /


Agenda SheetSUBJECT: An Ordinance Amending Sections 2.c

and 9.a(2) of Port Ordinance 1149Relating to changes for use of Facilitiesat Metropolitan Oakland International Airport



Item No. 2s PROGRAM AREA





FACTUAL BACKGROUND:

Currently, the Port Ordinance 1149 provides that only Airport Operators who lease or license space from thePort in the airline terminal complex benefit from the lower of two landing fee rates. The following expandeddefinition is required to include those Airline Operators who lease, license or otherwise rent land, ramp or cargobuilding space from the Port on the South Airport:

Section 2.c. For aircraft operated by Airline Operators who lease or license space from the Port in the airlineterminal complex; or are listed as a scheduled carrier in the Official Airline Guide; or lease or rent a minimum of20,000 square feet of land or ramp area on the South Airport on at least a month-to-month basis; or lease or renta minimum of 2,200 square feet of air cargo building space on the South Airport on at least a month-to-monthbasis; the rate shall be S0.94 per 1,000 pounds.

Fees governing commercial operations, aircraft parking, assigned ramp spaces, T-hangars, Port-a-Ports andtiedowns are charged at an hourly or monthly increment. To be in compliance, the following change should bemade:

Section 9.a(2), on pages 5 and 6, the words "Hours or" should be deleted from the column heading "Hours orMonthly Rate" so they read "Monthly Rate" only.

In addition, over the past several years, changes to Ordinance 1149 have been made that in some instancesshould now be reorganized and made consistent. These changes are not substantive and have been reviewedwith the Port Attorney's Office.

The Board of Port Commissioners hereby finds and determines that the and imposition of the above changespursuant to Section 1 of this ordinance is exempt from the requirements of the California Environmental QualityAct under California Public Resources Code Section 21080(b)(8) and Sections 15273 and 15061(a)(3) of Title 14of the California Code of Regulations. The basis for the exemption under Sections 21080(b)(8) and 15273 is thatthe rates are established and imposed for the purpose of obtaining funds for capital projects necessary tomaintain service within existing service areas. In addition, in view of the minor amount of the rate increaseunder Section 15061(a)(3) it can be seen with certainty that there is no possibility that imposition of the ratesreferenced herein will have a significant affect on the environment.

RECOMMENDATION:

It is recommended that the Board adopt an ordinance reflecting the proposed changes with an effective date ofNovember 5, 1997 and that the ordinance contain the above described findings with respect to CEQAcompliance.

BOARD ACTION REQUIRED: A.A.s.,C,Ar.aki

otaad fgm-OCT 9 -

- 1997

O iNFORiviAi Km ONLYANIfgannia


SUBJECT: First Reading of an Ordinance GrantingEasement to East Bay Municipal UtilityDistrict (EBMUD) for Installation of WaterMain Serving the ARFF Facility,MOIA

SUBMITTED BY: Joseph K. Wong eNe■-'EXECUTIVE OFFICE RECOMMENDATION:

Date: October 21, 1997Item No. 3SPROGRAM AREA





BOARD ACTION TAKEN DATEMOTION

RESOLUTION

hij ORDINANCEACCUTANT


Agenda Sheet

FACTUAL BACKGROUND:

On November 7, 1995, the Board authorized the execution of the agreement with EBMUD to designthe water line extension for the Aircraft Rescue and Fire Fighting (ARFF) Facility, performconstruction inspection, furnish materials, and connect to their existing water main in Air CargoRoad. Under the terms of the agreement, the Port will have the water main constructed andEBIVIUD will own and maintain the new water system up to the meter.

Another provision in the agreement with EBMUD requires the Port to grant EBMUD an easement forthe water main extension. The easement shall be revocable by the Port in the event that EBMUDceases to use the pipeline for the transmission and distribution of water. The proposed water mainextension is about 2,600 feet long and is under Air Cargo Road and the perimeter of the ARFFFacility parking area. The easement covers approximately 1.2 acres with 62% in the Air CargoRoad and 38% under the perimeter of the parking area.

Under the terms of the agreement, there is no separate fee for the property rights. This water mainextension is only to provide water service to the ARFF Facility and the Port is payina for theextension.

On November 15, 1994, the Board approved the Initial Study and Mitigated Negative Declaration forthe ARFF Facility Relocation and Improvement of the ARFF Facility. The ARFF water mainconnection is part of the ARFF Facility relocation project and is therefore covered under the MitigatedNegative Declaration.

RECOMMENDATION:

It is recommended that the Board approve an ordinance granting the aforementioned easement toEBMUD for the water main extension. It is further recommended that the Executive Director beauthorized to execute the easement document on behalf of the Port.

BOARD ACTION REQUIRED:APtwbay,t4

amued tizp**()Ur 2 1997

OCT 2 1 1997


Agenda SheetSUBJECT: Approval of New License and Concession Agreement with

Harrison's Boat Center, Inc.

SUBMITTED BY: Joyce Washington

EXECUTIVE OFFICE RECOMMEND A TION

/


Item No. 12 SPROGRAM AREA




Overall Operations

FACTUAL BACKGROUND:


PROPERTY AGREEMENTLICENSEE LOCATION DESCRIPTION RATE DATE

Harrison's lot 1701 Embarcadero

4A nn sf (If

$1,792/mo. 11/1/97Center, Inc. adjacent to vacant land

EmbarcaderoExecutive Inn

The Agreement was not previously considered by the Board in establishing a target rate for negotiation.


RECOMMENDATION:

It is recommended that the Board approve the above listed Agreement.


0 MOTION

El RESOLUTION

ID ORDINANCE

El INFORMATION ONLY


EXECUTIVE OFFICE RECOMMEND TIO


MOTION

x I RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Secondary Use Request of

American President Lines forSouth Seas Steamship Co. Ltd.to Use the APL Terminal


Item No 26S PROGRAM AREA

Airport Operations


Maritime Operations



South Seas Steamship Co. ("South Seas") provides shipping service between the WestCoast and the South Pacific Island and New Zealand. Two vessels serve the PacificBasin Trade providing dry, breakbulk, heavy lift and refrigerated container service to theSouth Pacific market. Locally, marine terminal operations had been domiciled at the Portof Richmond. However, over the past few months, South Seas sought other terminalfacilities for their Northern California operations and reviewed facilities at both the portsof San Francisco and Oakland. After several discussions with Port staff and terminaloperators, South Seas decided upon relocating terminal operations to Oakland.

South Seas has committed to use the American President Lines ("APL") facility as itsregularly published Northern California port of call for a five year period. APL is nowrequesting the Port approve South Seas as a secondary user of APL's facility under therequirements of the Preferential Assignment Agreements between the Port and APL.This request requires Board approval.

Under the terms of the Preferential Assignment Agreements with APL, where there is afive-year terra commitment to use the APL facility as a regularly published NorthernCalifornia port of call, the Port will receive 40% of the dockage, wharfage, wharfdemurrage and storage rates published in the Port's marine terminal tariff.

The proposed revenue sharing was determined to be Categorically Exempt per Section15301 (p) of the California Environmental Quality Act (CEQA) and the Port CEQAGuidelines.

RECOMMENDATION:

Consent to the request of American President Lines as outlined above.

Airport Operations


Awl -35r IVISEMOttZOe

BOARD1A' ION TAKEN

OCT 2 1 1997

DATE


SUBJECT: TRAVEL AUTHORIZATION


Item No. 33S


PROGRAM AREA

FACTUAL BACKGROUND:

As provided for in the Port's Administrative Manual, it is recommended that theBoard authorize the travel of the Acting Director of Maritime, Ray Boyle, and theManager of Strategic Marketing to Taipei, Taiwan, Hong Kong .and Beijing, China;Seoul, Korea and Tokyo, Japan on or abut the period November 3 to 16, 1997, tocall on shipping lines.

Also recommended is authorization for members of the Board and the ExecutiveDirector to travel to Taipei, Taiwan; Manila, Philippines; Beijing and certain othercities in China on or about the period November 3 to 15, 1997, for calls on shippinglines and trade purposes.

RECOMMENDATION:

It is recommended that the Board pass a resolution authorizing the above travel andreimbursement of appropriate expenses associated with the travel.


[1] MOTION

RESOLUTION

El ORDINANCE

El INFORMATION ONLY




TELEPHONE (510) 272-1100

COMMISSIONERS









Tuesday, October 7, 1997 - 3:00 P.M.


ROLL CALL

Commissioners Cole, Harris, Kramer, Lockhart, Loh, Taylorand President Ortiz

READING OF THE MINUTES

Special Meeting of September 2, 1997 and Regular Meeting ofSeptember 16, 1997

INFORMAL PORTION

Report on Request for Qualifications for Airport Development Program

ITEMS REQUIRING CLOSED SESSION

See Item 40

REPORT OF PRESIDENT

REPORT OF EXECUTIVE DIRECTOR

REPORT OF ACTING CHIEF FINANCIAL OFFICER

READING OF SUMMARY ITEMS (Marked "V)

6 Items.

Action by the Board under "Reading of Summary Items" means thatall of the matters listed have been summarized and are considered tobe perfunctory in nature and will be adopted by one motion andappropriate vote. Summary items may be removed from thesummary for discussion at the pleasure of the Board.

ITEMS FOR DISCUSSION AND POSSIBLE ACTION

AIRPORT

1

Diablo Communications Master Lease and Site ManagementAgreement. (Ordinance)

2S Approval of Lease Modification/Supplement with the United Statesof America, Department of Transportation, Federal AviationAdministration (#1 Airport Drive, South Airport). (Resolution)

3S Approval of Plans and Specifications for Replacement of Fuel StorageTank MF-1 1, Building M-104, South Field, MOIA (Resolution)

4S Approval of Plans and Specifications for Installation of Water Mainfor ARFF Facility and Connection of Earhart Road Water Main,MOIA (Resolution)


11 Recommended Approval of a New Lease Agreement with ParkTilden Corporation for 5,782 Square Feet of Warehouse Space at2400 Embarcadero. (Ordinance)

12 Assignment of Lease with Larry P. Chao and Julie C. Chao toTheodore A. Eden and Dorothy Bergamaschi, as Tenants inCommon, for the Property Located at 1900 and 2000Embarcadero. (Resolution)

13S Award of Contract for Construction of Electrical Panel Enclosure,Jack London Square. (Resolution)

14S Award of Contract for Construction of Estuary Park Improvements,Inner Harbor. (Resolution)

MARINE TERMINALS

21 Authorization to Dispense with Formal Bids for Asbestos Removaland Deconstruction of Buildings D-724 and D-831 at HarborTransportation Center. (Resolution)


11 II I39S

CLOSED SESSION

LEDA:- (Resolution)

OPERATIONS


32 Approval for Executive Director to Amend Memorandum ofUnderstanding with BCDC and City of Oakland to Develop an OaklandWaterfront Public Access Plan and to Expend an Additional $20,000 toBCDC Staff. (Resolution)

33 Port Participation in Pan Pacific Exposition Feasibility Review andSelection of Preferred Site. (Resolution)

34 Recommended Approval of an Agreement with DuDell and Associates.(Resolution)

35 Approv. Cons Agree t with ersen : sociaProvidefor SJa vey for erta n d(Reso tio -6-0


37 Approval of 4% Salary increase and Certain Benefits for UnrepresentedEmployees. (Ordinance)


40

Under Separate Cover by Secretary of the Board.

LEGAL

41

Non-Discrimination Policy. (Resolution)

BUILDING PERMIT APPLICATION

Dollar Rental Car Agency - Construction of New Kiosk

Vote on the Following Resolutions:

Ayes: Commissioners Cole, Harris, Kramer, Loh, Taylor and President Ortiz - 6Noes: NoneAbsent: Commissioner Lockhart - 1

RESOLUTIONS

97305 1 AUTHORIZING, APPROVING AND EXECUTING A LEASEMODIFICATION/SUPPLEMENT WITH THE UNITED STATES OF AMERICA,DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATIONADMINISTRATION. (AIRPORT - 2S)

97306 2 APPROVING PLANS AND SPECIFICATIONS FOR REPLACEMENT OF FUELSTORAGE TANK MF-1 1 AT BUILDING M-104, SOUTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, ANDCALLING FOR BIDS THEREFOR. (Airport - 3S)


97307 3 APPROVING PLANS AND SPECIFICATIONS FOR INSTALLATION OF WATERMAIN FOR AIRCRAFT RESCUE AND FIREFIGHTING FACILITY ANDCONNECTION OF EARHART ROAD WATER MAIN, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, A.I.P. 3-06-0170-12, AND CALLING FOR BIDS THEREFOR. (Airport - 4S)

97308 4 CONSENTING TO ASSIGNMENT OF LEASE FROM LARRY P. CHAO ANDJULIE C. CHAO TO THEODORE A. EDEN AND DOROTHY A. EDEN.(Commercial Real Estate - 12)

97309 5 AWARDING CONTRACT TO GRUENDL INC., DBA RAY'S ELECTRIC, FORCONSTRUCTION OF ELECTRICAL PANEL ENCLOSURE, JACK LONDONSQUARE, OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS TOBE PROVIDED IN CONNECTION THEREWITH. (Commercial Real Estate - 13S)

97310 6 RELIEVING GOODLAND LANDSCAPE CONSTRUCTION, OF ITS BID FORCONSTRUCTION OF ESTUARY PARK IMPROVEMENTS, INNER HARBOR,OAKLAND, CALIFORNIA; AWARDING CONTRACT TO CONSOLIDATEDLANDSCAPE SERVICES, INC., FIXING THE AMOUNT OF BONDS, REJECTINGALL OTHER BIDS AND DIRECTING RETURN OF BID BONDS TO BIDDERS.(Commercial Real Estate - 14S)

97311 7 FINDING AND DETERMINING THAT IT IS IN THE BEST INTEREST OF THEPORT TO CONTRACT WITH THE YOUTH EMPLOYMENT PARTNERSHIP,INC., FOR DECONSTRUCTION OF BUILDINGS D-724 AND D-821, HARBORTRANSPORTATION CENTER, OAKLAND, CALIFORNIA, WITHOUTCOMPETITIVE BIDDING AND AUTHORIZING EXECUTION OF A CONTRACTFOR SUCH WORK, AND TO CONTRACT FOR ASBESTOS REMOVAL ATBUILDINGS D-724 AND D-821, HARBOR TRANSPORTATION CENTER,OAKLAND, CALIFORNIA, WITHOUT COMPETITIVE BIDDING ANDAUTHORIZING EXECUTION OF A CONTRACT FOR SUCH WORK BASED ONRECEIPT OF INFORMAL PROPOSALS. (Maritime - 21)

97312 8 APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TOAGREEMENT WITH THE CITY OF OAKLAND AND THE SAN FRANCISCOBAY CONSERVATION AND DEVELOPMENT COMMISSION TO DEVELOP ANOAKLAND WATERFRONT PUBLIC ACCESS PLAN. (Operations - 32)

97313 9 REQUESTING THE CITY COUNCIL TO HOLD JOINT PUBLIC HEARINGS WITHTHE BOARD OF PORT COMMISSIONERS ON THE PROPOSED PAN PACIFICEXPOSITION AND TO MAKE ANY SITE SELECTION WITH THE CONSENTAND APPROVAL OF THE BOARD OF PORT COMMISSIONERS . (Operations -33)

97314 10 RESOLUTION FINDING AND DETERMINING THAT A PROPOSEDAGREEMENT WITH DUDELL AND ASSOCIATES FOR CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF AGREEMENT. (Operations - 34)

97315 11

97316 12

RESOLUTION APPROVING AND ADOPTING A POLICY ON NON-DISCRIMINATION AND SMALL LOCAL BUSINESS UTILIZATION IN PORTPROFESSIONAL SERVICE CONSULTANT CONTRACTS AND CoEsT4rAiL=TANTCONTRACTS. (Legal - 41) dO7-7

GRANTING DOLLAR SYSTEMS, INC., PERMISSION TO PERFORM CERTAINWORK. (Blanket Authority)


ORDINANCES

1 Port Ordinance No. 3386 being, "AN ORDINANCE AMENDING SECTION 9 OFPORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OFFACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT."

Final.

2 Port Ordinance No. 3387 being, "AN ORDINANCE AMENDING SECTION 2.01OF PORT ORDINANCE NO. 867 TO ADOPT A NEW SALARY SCHEDULE FORAIRPORT OPERATIONS SUPERVISOR, AIRSIDE."

Final.

3 Port Ordinance No. being, "AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A MASTER LEASE AND SITE MANAGEMENTAGREEMENT WITH DIABLO COMMUNICATIONS INC."

To Print.

Port Ordinance No. being, "AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A LEASE WITH PARK TILDENCORPORATION."

To Print.

5 Port Ordinance No. being, "AN ORDINANCE ADDING SECTION 1.3399 TOPORT ORDINANCE NO. 867 AXING THE COMPENSATION OF CERTAINEMPLOYEES OF THE PORT DEPARTMENT."

To Print.

6 Port Ordinance No. being, "AN ORDINANCE AMENDING PORTORDINANCE NO. 1166, RELATING TO EMPLOYEE PARTICIPATION IN THEPUBLIC EMPLOYEES' RETIREMENT SYSTEM, HEALTH BENEFITS PROGRAM,ADDING SECTION 7, AUTHORIZING PAYMENT OF CASH IN LIEU OFBENEFITS UPON PROOF OF ALTERNATE MEDICAL COVERAGE."

To Print.

7 Port Ordinance No. being, "AN ORDINANCE AMENDING ANDCORRECTING SECTION 1.3397 OF PORT ORDINANCE NO. 867 FIXING THECOMPENSATION OF CERTAIN EMPLOYEES OF THE PORT DEPARTMENT."

Ordinance Only. To Print.

APPEARANCES

ADJOURNMENT: Next regular meeting, Tuesday, October 21, 1997 - 3:00 P.M.


BOARD ACTION REQUIRED: OCT - 7 -1997

El MOTION

RFCrll iTirIN

ORDINANCE

INFORMATION ONLY

BOARD A TION TAKEN DATE


Agenda SheetSUBJECT: Diablo Communications Master Leaseand Site Management Agreement


Airport Operations



Overall Operations

SUBMITTED BY: Steven J. GrossmanEXECUTIVE OFFICE RECOMME ATION:

FACTUAL BACKGROUND:

The proposal from Diablo Communications Incorporated ("Diablo"), is for a Wireless Telecommunications MasterLease and Site Management Agreement ("Agreement"). The agreement would authorize Diablo to master lease astorage facility located in Terminal One for an unmanned telecommunications facility, be responsible for building thenecessary infrastructure and then securing and administering agreements with individual carriers to operatetelecommunications facilities serving the Oakland Municipal International Airport ("Airport"). Diablo will use theproperty as one of a series of collocated Carrier wireless telecommunications sites comprising a portion of thoseCarriers' system for furnishing wireless telephone, radio and telecommunications services to the public.

Diablo will be responsible for resolving collocation issues and for compliance with electromagnetic fields ("EMFs") orradio fields (RFs") laws and regulations, including without limitation, standards established by American NationalStandards Institute.

The Agreement will have a five-year (5) term, with a 6 month termination provision for the Port and a 3 monthtermination provision for Diablo. The Agreement allows for three (3) consecutive option terrns, each for a five (5) yearperiod.

Monthly Rent will be based on the number of Major Carriers outlined below:

Number of Major Carriers Monthly Rent

1 of 5 $ 500.002 of 5 $1,000.003 of 5 $1,000.004 of 5 $2,000.005 of 5 $2,000.00

The Monthly Rent will be adjusted annually by no less than three (3%) nor more than five percent (5%) based on CPI.

The Agreement also provides for a percentage rent. The Port will receive the greater of the Monthly Rent describedabove, or percentage rent based on the following:

(a) During the initial eighteen (18) calendar months of the term of the Agreement Diablo will pay the Portforty percent (40%) of the Gross Revenues from the Property.

Diablo Communications Master Leaseand Site Management AgreementPage 2

(b) During the remainder of the term of the Agreement and any extensions, Diablo willpay the Port: (i) sixty percent (60%) of the Gross Revenues from any Carriers listed below e.,Carriers with which the Port had discussions or negotiations regarding wirelesstelecommunications facilities prior to the date of this Agreement and (ii) forty percent (40%) of allother nrelcc Revenues rIPrivPd from thP PropPrty.

1. GTE Mobilnet, or its successor entity2. NEXTEL, or its successor entity3. PacBell Mobile Services, or its successor entity4. Bay Area Cellular Telephone ("CellularOne"), or its successor entity6. Sprint Spectrum L.P., or its successor entity

The Port reserves the right to inspect and audit all revenues and expenses derived from theProperty.

Diablo will collect and pay the percentage rent to the Port on a monthly basis.

Prior to the commencement of the term of the Agreement, Diablo shall pay the Port thesum of Ten Thousand Dollars ($10,000.00) as a security deposit. If Diablo has a net worth of atleast Five Million Dollars ($5,000,000) or Diablo provides a guaranty of this Agreement to Port, ina form acceptable to the Port duly executed by Diablo's parent entity then Diablo shall not berequired to make a Security Deposit.

Diablo will provide the Port the estimated cost of removing Diablo's and the Carrier'sImprovements from the Property. The Port shall have the right to review and approve Diablo'sestimated removal cost. Diablo will be required to post a Supplemental Security Deposit to coverthe cost of removing its equipment upon termination of the Agreement, unless Diablo's net worthexceeds Ten Million Dollars ($10,000,000). This net worth requirement will be subject to annualconfirmation.

This proposed Agreement was discussed at the Aviation Committee Meeting on October 6, 1997.

The proposed Agreement is categorically exempt under the CEQA Guidelines adopted by thePort of Oakland, for implementation of CEQA, pursuant to Section 15301(p) which exemptsrenewals, extensions or amendments to Leases or Licenses and Concession Agreements wherethe premises or licensed activity was previously leased or licensed to the same person oranother person, and involving negligible or no expansion of use beyond that previously existing.

Recommendation:

It is recommended that the Board give first reading to an ordinance approving the Agreementwith Diablo Communications, Incorporated as outline above, and authorizing the ExecutiveDirector to execute the Agreement document on behalf of the Port.


El MOTION

fer-..wkal-LI Ivey

El ORDINANCE

Ei INFORMATION ONLY ASSISTANT SECRETARY OF THE BOARD


Agenda SheetSUBJECT: Recommended Approval of a New Lease Agreement

with Park-Tilden Corporation for 5,782 square feet ofwarehouse space at 2400 Embarcadero

SUBMITTED BY: Joyce WashingtoEXECUTIVE OFFICE RECOMMEND TION:



F21 Commercial Real Estate



FACTUAL BACKGROUND:

The Port currently has a license and concession agreement with Park-Tilden Corporation for 5,782 square feet ofwarehouse space in Building J-321 located at 2400 Embarcadero pending finalization of lease negotiations. Thewarehouse operations include administrative offices, furniture delivery service, storage, repair, refinishing andthe wholesale and retail sale of antiques.

The following is a summary of the principal terms and conditions of the proposed lease:

1. The lease term is for three years with no option to extend.

2. The monthly rent shall be $1,700 per month based on $.29 per square foot for 5,782 square feet of warehousespace.

3. The monthly rent shall be adjusted every 12 months based on the percentage change in the Consumer PriceIndex for the 12 month period immediately preceding the adjustment date. In no event shall the rental ratedecrease.

4. A security deposit equal to three times the monthly rent shall be required. The deposit shall be adjusted bythe same percentage and on the same date as any adjustments to the monthly rent.

5. The premises shall be used for the storage, refinishing, sale and delivery of antiques.

6. The premises shall be taken "as is."

7. The lessee shall carry insurance in the amounts and type coverages required by the Port's Risk ManagementDepartment.

8. The lessee shall be responsible for all maintenance and repair to the premises, excluding the roof, skylightsand exterior walls which the Port shall maintain.

9. The lessee shall pay for all utilities.

10. The lessee shall pay for taxes and assessments including possessory interest taxes.

11. The lessee shall obtain all licenses and permits.

12. The lease contains the Port's standard provisions regarding equal employment, nondiscrimination and theemployment resources development and affirmative action programs.

The proposed lease was discussed at the Commercial Real Estate Committee meeting on October 7, 1997.

This project has been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301 (p) which exemptsrenewals, extensions or amendments to leases or license and concession agreements where the premises orlicensed activity was previously leased or licensed to the same or another person, and involving negligible or noexpansion of use beyond that previously existing.

RECOMMENDATION:

It is recommended that the Board give first reading to an ordinance approving the lease with Park-TildenCorporation as outlined above and authorize the Executive Director to execute the Lease document on behalf ofthe Port.

El MOTION

RESOLUTION

0 ORDINANCE

frorric,nnni-Inni (WI V

BOAR' ION TAKEN DATE


SUBJECT: Assignment of Lease with Larry P. Chao and Julie C. Chaoto Theodore A. Eden and Dorothy Bergamaschi, as tenants incommon, for the property located at 1900 and 2000 Embarcadero






El Overall Operations044.SUBMITTED BY: Joyce Washington

EXECUTIVE OFFICE RECOMMENDATiO

6

FACTUAL BACKGROUND:

Larry P. Chao and Julie C. Chao are the lessee by assignment, as per Port consent on July 26, 1994, of the two groundleases for the Cove II and Cove IV offices buildings in the Embarcadero Cove area. The improvements consist of 'approximately 140,000 square feet of office space and a small deli on 5.77 acres of land. The leases are to expire in2042. The Port receives a total of approximately $214,674 a year in minimum rent against 8% of the gross receipts fromoffice rents and 3 1/2 % from the restaurant and retail gross receipts. There has not been any excess rent paid above theminimum rent in the last twelve months.

The Port has received a request from the lessees, to consent to the assignment of the leases to Theodore A. Eden andDorothy A. Eden, as tenants in common. The managing partner will be Theodore Eden. Mr. Eden is not planning anysignificant changes in the operation or leasing strategy. The office buildings are currently 100% leased.

As part of the assignment, the assignees will secure a loan in the amount of $9,400,000 from Trans Atlantic CapitalCompany L.L.C.. The initial release amount of the loan amount would be $5,400,000 and subsequent funding to occurwithin 9 months after the initial release amount to equal $4,000,000. The-loan amount of $9,400,000 would not exceed75% of the appraised value based on an appraisal of the property to be performed by CB Commercial. The purchaseprice of the property is $11,050,000. The purchase price includes reimbursement to the lessee for tenant improvements inthe amount of $550,000.

Recommendation:

It is recommended that the Board adopt a resolution consenting to the assignment of the leases from Larry P. Chao andJulie C. Chao to Theodore A. Eden and Dorothy A. Eden, as tenants in common, consent to the encumbrance of theleasehold interest, as outlined above, and authorize the Executive Director to execute the Assignment and Assumption ofGround Lease documents and the Ground Lessor Estoppel Certificates after the documents have been reviewed as toform and legality by the Port Attorney.

BOARD ACTION REQUIRED:APPRirvai> -gy

9 OCT - 7 1997

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.41 BOARD ACTION TAKEN


Agenda SheetSUBJECT: Authorization to Dispense with Faunal bids

for Asbestos Removal and Deconstructionof Buildings D-724 and D-82 1 at HarborTransportation Center



g'.

Date. October 7 , 1997


Airport Operations


X I Maritime Operations

Overall Operations


On September, 24, 1996, the Board granted approval for Youth Employment Partnerships (YEP),a non-profit organization to deconstruct Building D-733 (120,000 square feet) and to recycle thelumber as part of YEP's construction training program. The Port's experience with YEP wasvery positive. YEP has proven to be a highly professional and responsible contractor. The sidebenefits of this project were substantial. Fifteen youths and four adults participated in thetraining and all subsequently found employment. Over 300,000 board feet of lumber wassalvaged, 88,000 board feet of which will be used to build low income, single family housing inthe Bayport Development of Acorn II. Additionally, 426 tons of material was diverted fromlandfills.

YEP recently received funding to continue their successful program. However, in order toqualify for this money, they need to begin their on-site operations by November 1,1997.Buildings D-724 (98,000 SF) and D-821 (40,800 SF) have been identified as suitable fordeconstruction by YEP. Because much of the lumber in these buildings has been painted withlead paint, YEP has developed a curriculum whereby their apprentices will receive StateCertification for Lead Abatement. The Department of Labor has identified lead abatement as a"demand field".

The Port, the community and the regional environment have clearly benefited from YEP'sprogram. Therefore, for the foregoing reasons, it is recommended that the Board find anddetermine that it is in the best interests of the Port to dispense with competitive bidding and

-- authorize an agreement with YEP to deconstruct Bldgs. D-724 and D-821 at a cost not to exceed$90,000.

Prior to the deconstruction work, the Port needs to remove and dispose of asbestos siding fromthe buildings. Because the YEP program must begin in November, this abatement work needsto be performed by change order to another contract or by purchase order based on receipt ofinformal bids and, accordingly, it is also recommended that the Board find and determine that itis in the best interest of the Port to dispense with formal competitive bidding for the asbestosabatement work.

RECOMMENDATION:

It is recommended that the Board make the recommended findings and determinations andapprove the preparation and execution of an agreement with Youth Employment Partnership, Inc.for deconstruction of Buildings D-724 and D-821, Harbor Transportation Center and grantapproval to enter into contracts for asbestos removal as described above.


in MOTION

Fric j RESOLUTION

ri ORDINANCE


q MOTIONRESOLUTION

q ORDINANCEq INFORMATION ONLY

BOARD ACTION REQUIRED: ice; Y41 I€01-70 /1_2_ uur 7 199710.

BOARDON TAKEN DAIg


SUBJECT: Approval for Executive Director to AmendMemorandum of Understanding with BCDC andCity of Oakland to Develop an Oakland WaterfrontPublic Access Plan and to Expend an Additional$20,000 to BCDC Staff







Overall Operations


FACTUAL BACKGROUND:

On June 18, 1996, the Board authorized the Executive .Director to enter into a Memorandum ofUnderstanding with the City of Oakland and the Bay Conservation and Development Commission(BCDC) to establish a planning process to develop an Oakland Waterfront Public Access Plan, andauthorized the Executive Director to expend up to $20,000 to support BCDC staff participation in thiseffort. BCDC, the Port and the City of Oakland entered into an MOU on March 4, 1997.

The major elements of the MOU include:

® To establish a partnership among the City, Port and BCDC;To establish a planning process for development of an Oakland Waterfront Public Access plan;To establish a public participation forum to provide input to the Public Access Plan; andTo establish an implementation strategy for public access to occur along the Oakland waterfront,Including a "public access credit system" or "mitigation bank" concept and possible fundingmechanisms.

The Public Access Plan is integrated very closely with the Oakland Waterfront Estuary Plan, and publicaccess recommendations will be an outgrowth of the Estuary Plan framework. The Estuary Plan isscheduled for completion in late Fall, 1997. The Public Access Plan effort, originally scheduled for 12months, will need an extension to incorporate the Estuary Plan findings. Furthermore, BCDC hasrequested an extension to develop a public access credit system that conforms with the San FranciscoBay Plan .

Because state funding for BCDC programs is limited, BCDC staff has requested that the Port assistBCDC by providing funding for their participation in this additional effort. The Port authorized $20,000 tosupport BCDC staff in the original MOU. In order to complete this effort, and completely fund theimplementation of the 'public access credit system", BCDC staff requests an additional $20,000. Staffbelieves that BCDC's involvement in completing this Plan and credit system is essential and requests anextension of funding to BCDC. The funding will support an existing BCDC contract person to remaindedicated to this effort, although the contract will be managed by the Bay Planning Coalition.

These funds are provided in the Environmental Planning Department FY 97-98 budget .

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to enter into an amendedMemorandum of Understanding with the City of Oakland and BCDC and to authorize the ExecutiveDirector to expend an additional $20,000 to support BCDC staff participation in this effort.

APPEAnifiD

Velk.OCT -7 1991

BOARD ACTI N IAKEN DATE


SUBJECT: Port Participation in Pan Pacific ExpositionFeasibility Study Review and Selection ofPreferred Site

SUBMITTED BY: John Glover'—

EXECUTIVE OFFICE RECOMMENDATION:.



Item No. 33

PROGRAM AREA

FACTUAL BACKGROUND:

On May 20, 1997 the Board authorized the Executive Director to provide one-half of thefunding for the Pan Pacific Exposition Feasibility Study. This study was recommended to the CityCouncil by the City Manager, and the Council requested the Port's participation. The final reporthas been completed by the consultant, Bay Area Pan Pacific Expo, Inc. It was made available tothe public by the City on September 19, 1997, and was scheduled for presentation to the CityCouncil's Committee on Community and Economic Development on September 30, 1997.

The City staff report recommends that the City Council:

1. Accept the report.

2. Hold one or more public hearings to explain and receive comments on theproposed Exposition.

3. Select a single site among those identified as the preferred location.

4. Direct staff to resolve any outstanding site issues and report back to Council within60 days.

5. Direct staff to enter into exclusive negotiations with Bay Area Pan Pacific Expo,Inc. for the use of the site to mount the Exposition, and report back to Councilwithin 30 days.

The Port is an equal contributor with the City in funding this study, and a portion of each of thepotential sites is within the Port Area. Therefore, it is appropriate that the Board have an activerole in the evaluation of the study and, if the decision is made to proceed with the Exposition, inthe selection of the preferred site.

RECOMMENDATION:

It is recommended that the Board formally request of the City Council that:

1. The public hearings on the Exposition be joint hearings of the City Council and theBoard of Port Commissioners.

2. The site selection be made by the City Council with the consent of the Board ofPort Commissioners.


MOTION

" ^-MC. LIs^Lu—o-',LI i•

j ORDINANCE

j INFORMATION ONLY

SUBMITTED BY: Harold JonesEXECUTIVE OFFICE RECOMMEND •


SUBJECT: Recommended approval of an agreement with DuDelland Associates

Date: October 7, 1996Item No. 34

PROGRAM AREA

DAirport Operations]Commercial Real Estate

DMaritime OperationsZOverall Operations

FACTUAL BACKGROUND:

The Port of Oakland is faced with a number of critical issues that have generated strong publicinterest. The outcome of each will have significant and long-term effects on future growth andactivities at the Port. Reuse of the Oakland Army Base, the proposed Pan Pacific Expo, maritimeexpansion, our plan for the estuary, and the BART-Oakland Airport Connector are all projects andissues that involve the Port of Oakland and each is being discussed in a number of public forums byvarious legislative bodies. As the debate and deliberation begin, public opinion and perceptionbecome crucial considerations and have major impact on the final decisions that are made.

The success of Port operations have for many years been key to economic growth in this region.However, the Port has begun to lose market share and revenues have declined as competition fromother West Coast ports threaten our continued success. These concerns affect not only the Port butthe region as a whole. The Port must convey to a large and diverse audience that just as its successhas had a positive impact on Oakland's economy, inability to maintain our competitive position willhave an equally negative impact. It is important that this be factored into decisions now beingdebated in public forum.

A proactive communications strategy must be developed and implemented to educate and influencethe public, opinion leaders, elected officials, community groups. Port tenants, and local businessesas these decisions are made. Many have a false perception of the Port, its role, and importance. Atthe same time, there are equally positive assets and contributions made by the Port about whichmany are unaware. Areal sense of urgency exists relative to communicating this kind of information.

Decisions relative to reuse of the Oakland Army Base, the proposed Pan Pacific Expo, and theBART-Oakland Airport Connector project as a part of the Measure B process are prime examples ofsituations and projects that need to be addressed with such a plan.

DuDell & Associates, Inc. is a public relations firm that has worked with both public and privatesector organizations in developing key messages, media campaigns, and positioning strategies.They focus on the management of critical public relations campaigns for infrastructure projects withan emphasis on transportation, the environment and land use.


['NOTIONri RESOLUTIONDORDINANCEDINFORMATION ONLY

Recommended approval of an agreement with DuDell and AssociatesPage Two

It is proposed that DuDell & Associates, Inc. develop and integrate a number of communicationsstrategies to assist the Port in achieving its objectives as they relate to reuse of the Oakland ArmyBase, the proposed Pan Pacific Expo, and the BART-Oakland Airport Connector project. The totalcost estimate for six months is $198,150.

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to enter into a six-month contractwith DuDell & Associates, Inc. to address all immediate communications needs as they relate to thePort's application and request for reuse of the Oakland Army Base, the proposed Pan Pacific Expo,and the BART-Oakland Airport Connector project.


OCT - 7 1997Aff)ta'P'' 47 Of tiffigiVA:

BOARD ATIQN TAKEN DATE


MOTION

I J RESOLUTION

I X I ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: APPROVAL OF 4% .SALARY INCREASE

FOR UNREPRESENTED EMPLOYEES

EXECUTIVE OFFICE RECOMMENDATION:x.,_

Date • October 7, 1997

Item No 37

PROGRAM AREA

Airport Operations


Maritime Operations

[xl Overall Operations

FACTUAL BACKGROUND:

Following approval by the Board of the compensation package for SEIU Local790, a comprehensive compensation and benefit proposal has been undermanagement review for unrepresented and management employees (employeesin Representation Units D and E, respectively). While the full scope of acompensation package has yet to be finalized, it is my opinion that there shouldbe no delay in providing these employees with two parts of a compensationpackage equal to the package approved for SE1U employees. With the approvalof the Executive Director, I recommend that unrepresented and managementemployees be provided the following:

1. A cost of living increase of 4%, effective July 1, 1997 through andincluding June 30, 1998; and

2. "Cash in lieu" of medical coverage in which employees with medicalcoverage through a family member would be permitted to withdraw from the Portmedical program, and receive 50% of the Kaiser North premium at theappropriate rate (single, double or family). To receive this benefit, an employeewould be required to provide proof of medical coverage.

Appropriate ordinances have been placed on the October 7, 1997, Boardcalendar and the Board's approval is recommended.




PROGRAM AREA


FACTUAL BACKGROUND:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATIONSubdivision (a) of Government Code Section 54956.9. Names of Cases:

Claim of Estate of Guo-Fu Liang

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Si gnificant exposure to liti gation pursuant to subdivision (c) of Section54956.9: Four Cases

CONFERENCE WITH LABOR NEGOTIATOR, as provided under GovernmentCode Section 54957.0



I I SECRETARY OF THE BOARDINFORMATION ONLY


AIRPORT:

2S Approval of Lease Modification/Supplement with the United Statesof America, Department of Transportation, Federal AviationAdministration (#1 Airport Drive, South Airport). (Resolution)

Recommends approval of the agreement which provides for use ofthe site for a proposed new Control Tower

3S Approval of Plans and Specifications for Replacement of Fuel StorageTank MF-11, Building M-104, South Field, MOIA (Resolution)

Recommends their approval and authority to advertise for bids forthe tank replacement.

4S Approval of Plans and Specifications for Installation of Water Mainfor ARFF Facility and Connection of Earhart Road Water Main,MOJA (Resolution)

Recommends their approval and authority to advertise for bids forthe new water line to serve the ARFF facility.

COMMERCIAL REAL ESTATE:

13S Award of Contract for Construction of Electrical Panel Enclosure,lack London Square. (Resolution)

Notifies of the bids received and recommends award of the contractto the low bidder.

14S Award of Contract for Construction of Estuary Park Improvements,Inner Harbor. (Resolution)

Notifies of the bids received and recommends award of the contractto the low bidder.

OPERATIONS:

39S Approval of Second Supplemental Agreement with IEDA:(Resolution)

Recommends approval to extend their agreement through thecalendar year.

ORDINANCES:

Port Ordinance No. being, "AN ORDINANCE AMENDINGAND CORRECTING SECTION 1.3397 OF PORT ORDINANCENO. 867 FIXING THE COMPENSATION OF CERTAINOFFICERS AND EMPLOYEES OF THE PORT DEPARTMENT."

SUBMITTED BY: Steven J. Grossma


OCT - 7 1997BOARD ACTION REQUIRED:

MOTION

I X] RESOLUTION

Ill ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Approval of Lease Modification/Supplement

with the United States of America, Departmentof Transportation, Federal Aviation Administration(#1 Airport Drive, South Airport)



X

Airport Operations


Maritime Operations


FACTUAL BACKGROUND:

The Federal Aviation Administration ("FAA") currently occupies approximately 500,000sf of land on Air Cargo Road inthe vicinity of Sally Ride Way on the South Airport under Lease No. DTFA08-96-C-15970. This is a possible site for anew Air Traffic Control Tower ("ATCT") for both North and South Airports. The FAA is conducting soils investigationsand other studies to ascertain the suitability of the premises for the construction, maintenance and operation of anATCT, which if built, would replace both of the Port's existing control towers.

The current Lease term is for three months, from July 1, 1996 through September 30, 1996, and includes a one-yearrenewal option expiring on September 30, 1997. [Federal agencies often elect to conclude agreements on September30th, concurrent with the federal fiscal year.) No monetary consideration is being charged.

FAA proposes to exercise this option and amend this Lease via a Lease Modification/Supplement which would extend theterm of the Lease from September 30, 1997 through September 30, 1998.


RECOMMENDATION:

It is recommended that the Board pass a Resolution approving the above Lease Modification/Supplement with the UnitedStates of America, Department of Transportation, Federal Aviation Administration and authorizing the Executive Directorto execute it.

EI:1FAA.107

PROPOSED COMBINEDAir Traffic Control Tower Site:

Federal Aviation Administration1-Year Lease Extension - thru 9/30/98

THIS PLAN MAYBE REDUCED

DO NOT SCALE

ORICINAL SCALE

]CL

APPAOYI■JAIC =ALL IN !UT

DRAWN R. GRAY

GMECKE0 a. won&

REVIEWED 1111,73Y

PORT OF OAKLAND530 WATER STREET OAKLAND. CALIFORNIA

CHIEF ENGINEER

.PORED

MCAUTION

SUBJECT: Approval of Plans and Specifications forReplacement of Fuel Storage Tank MF-11,Building M-104, South Field, MOIA

SUBMITTED BY: Joseph K. Wong b,iEXECUTIVE OFFICE RECOMMENDATIO,



E; Airport Operations


Maritime Operations



FACTUAL BACKGROUND:

Plans and specifications have been prepared for REPLACEMENT OF FUEL STORAGE TANK MF-11, BUILDING M-104, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CA, and are hereby submitted for approval and authorization to advertise for bids.Building M-104 is the central utility plant for the South Field Terminal Complex.

The work consists of removing the existing 8,000-gallon underground fuel storage tank and installingone new above-ground 8,000-gallon fuel tank for the three emergency back-up generators whichserve the South Field Runway lights, the South Field terminal complex, and the airport roadway lights.

This project has been evaluated in accordance with the Port's guidelines for the implementation of theCalifornia Environmental Quality Act (CEQA). This project has been determined to be categoricallyexempt under Section 15301 of the Port's CEQA guidelines.

The funding source for the tank removal portion of the project is Port cash. The cost will be chargedagainst Liability Account No. 7342 which was created for removal of underground tanks.

The capital budget for fiscal year 1998 provides for the installation of the new tank under CIP Item No.A2.00474.01.

RECOMMENDATION:

It is recommended that the plans and specifications be approved and authorization be granted toadvertise for bids to be received on November 5, 1997.

BOARD ACTION REQUIRED:OCT - 7 1997

O MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

SOUTH AIRPORTAREA M

Approval of Plans and Specifications for October 7, 1997Replacement of Fuel Storage Tank MF-11,Building M-104, South Field, MOIA


SUBJECT: Approval of Plans and Specificationsfor Installation of Water Main for ARFF Facilityand Connection of Earhart Road Water Main, MOIA

SUBMITTED BY: Joseph K. Wong 6.6 CA-0-EXECUTIVE OFFICE RECOMMENDATION:


Item No. 14S

PROGRAM AREA

Airport Operations



Overall Operations

CAr,r1110,1 IMA/". r-2 min.11 AV II VAL U AV, 11,0.1, vs.., vs It

Plans and specifications have been prepared for INSTALLATION OF WATER MAIN FOR AIRCRAFT RESCUE ANDFIRE FIGHTING FACILITY AND CONNECTION OF EARHART ROAD WATER MAIN, METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA (A.1.P. NO. 3-06-0170-12) and are submitted for approval andauthorization to advertise for bids.

The project consists of two phases. The first phase is to install 2,600 feet (approximate) of piping from theexisting water main on Air Cargo Road to the ARFF Facility currently under construction. This water main willprovide domestic and fire water protection service for the new facility. The second phase is to connect the watermain on Earhart Road to the existing water main in Airport Drive. The Earhart Road water main piping connectionis approximately 1,400 feet. The piping will improve the water flow in the North Airport for fire water protectionservice.

On November 7, 1995, the Board authorized the execution of the agreement with EBMUD to design the water lineextension for the ARFF Facility, perform construction inspection, furnish materials and make the connection totheir existing main in Air Cargo Road. Under the terms of the agreement, EBMUD will own and maintain the newwater system up to the meter after installation.

On October 7, 1994, the Board authorized the execution of the agreement with EBMUD to design the water lineconnection for Earhart Road, perform construction inspection, furnish materials and make the connection to theirexisting main in Airport Drive. Under the terms of the agreement, EBMUD will own and maintain the new watersystem up to the Airport Water Meter Station after installation.

On November 15, 1994, the Board approved the Initial Study and Mitigated Negative Declaration for the ARFFFacility Relocation and Improvement of the ARFF Facility. The ARFF water main connection is part of the ARFFFacility relocation project and is therefore covered under the Mitigated Negative Declaration.

On September 21, 1993, the Board approved the Mitigated Negative Declaration for the Earhart RoadReconstruction. This piping connection is part of the Earhart Road Reconstruction project and is thereforecovered under the Mitigated Negative Declaration.

The capital budget for Fiscal Year 1997-98 provides for this work under CIP Item No. A2.00374.03 (ARFF Facility)and CIP Item No. A1.00378.01 (Earhart Reconstruction Project). Both projects will be funded by a combination ofPassenger Facility Charges (PFC) and Airport Improvement Program Grants.

RECOMMENDATION:

It is recommended that the specifications, including provisions for liquidated damages in the amount of $1,000per calendar day, be approved and authorization be given to advertise for bids to be received on October 31,1997.

. 7BOARD ACTION REQUIRED:

• MOTION

RESOLUTION

I—I ORDINANCE

O INFORMATION ONLY

BOARD ACTION TAKEN7 1997

DATE

Date. Ontnher 7, 1997

Item No 13S PROGRAM AREA

fl Airport Operations

PIC Commercial Real Estate


Overall Operations

SUBJECT: Award of Contract for Construction ofElectrical Panel Enclosure,Jack London Square




FACTUAL BACKGROUND:

One bid was received and opened on September 10, 1997, for CONSTRUCTION OF ELECTRICAL PANELENCLOSURE, JACK LONDON SQUARE, OAKLAND, CALIFORNIA. The following bid was received:

BIDDERS


Gruendl Inc. DBA/Ray's Electric Oakland, CA $69,000.00


Two other prospective bidders picked up bidding documents but did not turn in bids, one because it preferred notto undertake the Port's affirmative action requirements, and the other because it could not meet the insurancerequirements in time for bid submittal. The bid price of Ray's Electric, the sole bidder, exceeded the engineer'sestimate because of high overhead/administrative costs for a small project.

Ray's Electric listed two subcontractors with its bid, neither of which is a Minority Business Enterprise (MBE) or aWomen's Business Enterprise (WBE); however, both subcontractors are Local Business Area Enterprise (LBAE)contractors performing 69.6% of the work. Accordingly, it is recommended that Ray's Electric be considered to bea responsible bidder for the purposes of this contract. The Port's Office of Equal Opportunity concurs in thisrecommendation.

SUBCONTRACTOR DOLLAR AMT. OF EACHSUBCONTRACTING LOCATION ETHNICITY SUBCONTRACTOR'S BID

AREA (if MBE) MBE WBE LBAE TO PRIME

Genesis Contracting Oakland, No No Yes $24,000.00General Construction CA

Calif. Contract Co. Emeryville, No No Yes $24,000.00Metal Fab. CA

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. PM.00733.01. The fundingsource is Port cash. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Ray's Electric be found to be a responsible bidder and that the contract for the aboveproject be awarded to Ray's Electric for the amount of its low bid.

BOARD ACTION REQUIRED: APPRoVAD779 tier 7 1997so.

n MOTION BOARD /. v ON TA DATE

I X I RESOLUTION

I I ORDINANCE

1 1 INFORMATION ONLY &lama SECRETARY OF THE BO RD

Award of Contract for Constructionof Electrical Panel EnclosureJock London Square

October 7. 1997

HARRISON STREET

_LW

CLAY STREET

JEFFERSON STREET

WILUI0g111111

Alum • • • •

J.ILIALLL

11111111111

WEBSTER STREET

FRANKLIN STREET I. I

PROJECTLOCATION

WASHINGTON SWEET

P

PORT OF OAKLAND IFILE \ ATLAS \ARCAMAPS \F—AREA

INNER HARBORAREA F

DATE SCALE

SUBJECT: Award of Contract for Constructionof Estuary Park Improvements,Inner Harbor


Item No. 114s

PROGRAM AREA


EXECUTIVE OFFICE RECOMMENDA27

I I Airport OperationsI I Commercial Real Estate

M Maritime OperationsOverall Operations


GoodLanD LandscapeConstruction, Inc.

San Ramon, CA $51,400.00*

Consolidated Landscape Services,Inc.

Benicia, CA $89,995.00

RMT Landscape Contractors, Inc. San Leandro, CA I $115,925.00

Board of Port Commission..s - PORT OF OAKLAND

Agenda Sheet

FACTUAL BACKGROUND:

Three bids were received and opened on September 10, 1997, for CONSTRUCTION OF ESTUARY PARKIMPROVEMENTS, INN FR HARBOR, OAKLAND, IF^RNIA. The following bids were received:

*Total Bid Price corrected in accordance with Rule 2 of the Rules for Bidding.


GoodLanD Landscape Construction, Inc. (GoodLanD), the apparent low bidder, has submitted written notice claimingthat a mathematical error of $22,600 was made in tabulating its bid and, pursuant to Public contract code Sections5101 and 5103, requests that it be allowed to withdraw its bid without penalty. A subsequent review of GoodLanDConstruction, Inc.'s bid by Port staff confirms the error. GoodLanD inserted in Bid Item 1 the amount of $25,700, thetotal for Bid Items 2, 3 and 4, instead of the intended amount of $48,300. It is therefore recommended thatGoodLanD be allowed to withdraw its bid without penalty.

The second low bidder, Consolidated Landscape Services, Inc. (Consolidated) is a Minority Business Enterprise(MBE) contractor. They did not list any subcontractors and intend to perform all work by their own forces. Accordingly,it is recommended that Consolidated be considered to be a responsible bidder for the purposes of this Contract. ThePort's Office of Equal Opportunity concurs in this recommendation.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. M4.00372.08. The funding sourceis Port bonds. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that GoodLanD Landscape Construction, Inc. be allowed to withdraw its bid without penalty, thatConsolidated Landscape Services, Inc. be found to be a responsible bidder, that the Contract for the above projectbe awarded to Consolidated Landscape Services Inc. for the amount of its bid, and that the other bids be rejectedand the bid securities returned to the respective bidders.

BOARD ACTION REQUIRED:fl MOTION

I X I RESOLUTIONn ORDINANCEfl INFORMATION ONLY

7 /

OCT - 7 L997

!fir SECRETARY OF THE BOARD

BOAR A • ION TAKEN DATE

POI, I OAKLANDP n INNER HARBORAREA G DATE

Award of Contract for Construction October 7, 1997of Estuary Pork ImprovementsInner Harbor






TELEPHONE (510) 272-1100


COMMISSIONERS







Tuesday, September 16, 1997, 3:00 p.m.

ROLL CALL:



Special meeting of September 2, 1997 to bedeferred.


See Item 40

INFORMAL PORTION:

Report on Airport Concession Program byUnison Consulting Group

Report on Non-Discrimination Policyby the Port Attorney

Report on Ferry Service and Marina Development



Regular MeetingSeptember 16, 1997


10 Items.



AIRPORT

1 Authorization to Obtain Easements in Exchange forSound Insulation. (Resolution)

2 Approval to Assess Penalty to Fred RisardConstruction for Adding Subcontractor.(Resolution)



5S Approval of New Lease with Existing Tenant UnitedStates of America, Department of Transportation,Federal Aviation Administration (8250 EarhartRoad, North Airport). (Resolution)

6S Approval of New License and Concession Agreementwith Sky Trek International Airlines, Inc. (#1Airport Drive, South Airport). (Resolution)

7S An Ordinance Amending Section 9 of Port Ordinance1149 Relating to Charges for Use of StorageFacilities by Non-Based Airlines at North andSouth Airport. (Ordinance)

8S Approval of Specifications for FurnishingMaintenance and Service for Parking Lot RevenueControl Systems for the Period Commencing January1, 1998, and Ending December 31, 1999 or 2000,South Airport, MOIA. (Resolution)

9S Approval to Negotiate Change Order to ReroofBuilding M-101, Terminal 1, MOIA. (Resolution)

10S Substitution of Drywall and Janitorial CleanupSubcontractors for "Remodeling Restrooms inBuildings M-103 and M-130, South Airport, M.O.I.A.(Resolution)

2



11 HELD OVER Jack London Square Events Policy. (Ordinance)

12 Approval to Assess Penalty to Fanfa, Inc. forAdding Subcontractor. (Resolution)

13S Substitution of Landscape and Janitorial CleanupSubcontractors for "Alterations to Barnes andNoble Building, Jack London Square." (Resolution)

MARITIME

21 Approval of Consultant Agreement with CH2MHi11/John T. Warren & Associates, a Joint Venture, forEngineering Design Services for Construction ofWharf at Berths 55/56, Inner Harbor Channel.(Resolution)


OPERATIONS

31 Personnel Items: Appointments; and Creation ofClassification. (Resolutions and Ordinance)

32 Action on Integrated Financial Management Study.(Resolution)

CLOSED SESSION


BUILDING PERMIT APPLICATIONS: ("5")

Budget Rent a Car Corp., installation of a keybooth in stall G1 measuring 4' x 6', and incompliance with the Airport's Car Rental KioskDesign Standards.

Vote on the following resolutions:Ayes: Commissioners Cole, Harris, Lockhart, Loh,

Taylor and President Ortiz - 6Noes: NoneAbsent: Commissioner Kramer - 1

RESOLUTIONS:

97289 1 AUTHORIZING EXECUTION OF EASEMENT AND RELEASEAGREEMENTS WITH ALL HOMEOWNERS PARTICIPATING INTHE METROPOLITAN OAKLAND INTERNATIONAL AIRPORTSOUND INSULATION PROGRAM. (Airport - 1)

3


97290 2 ASSESSING FRED RISARD CONSTRUCTION, CONTRACTOR FORREMODELING RESTROOMS IN BUILDINGS M-103 AND M-130,SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA, A PENALTY FORSUBCONTRACTING WORK FOR WHICH ORIGINAL BID DID NOTDESIGNATE A SUBCONTRACTOR. (Airport - 2)

97291 3 APPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION ADMINISTRATION.(Airport - 5S)

97292 4 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH SKY TREKINTERNATIONAL AIRLINES, INC. (Airport - 6S)

97293 5 APPROVING SPECIFICATIONS FOR FURNISHINGMAINTENANCE AND SERVICE FOR PARKING LOT REVENUECONTROL SYSTEMS FOR THE PERIOD COMMENCING JANUARY1, 1998 AND ENDING DECEMBER 31, 1998, 1999 OR2000, SOUTH FIELD, METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA, ANDCALLING FOR BIDS THEREFOR. (Airport - 8S)

97294 FINDING AND DETERMINING THAT IT IS IN THE BESTINTEREST OF THE PORT TO APPROVE ISSUANCE OF ANEGOTIATED CHANGE ORDER, WITHOUT COMPETITIVEBIDDING, FOR REROOFING BUILDING M-101, TERMINAL 1,METROPOLITAN OAKLAND INTERNATIONAL, OAKLAND,CALIFORNIA. (Airport - 9S)

97295 7 THIS NUMBER NOT USED.

97296 8 AUTHORIZING SUBSTITUTION OF DRYWALL AND JANITORIALCLEANUP FOR REMODELING RESTROOMS IN BUILDINGS M-103 AND M-130, SOUTH FIELD, METROPOLITAN OAKLANDINTENTIONAL AIRPORT, OAKLAND, CALIFORNIA.(Airport - 10S)

97297 9 ASSESSING FANFA, INC., CONTRACTOR FOR MARTINLUTHER KING, JR. REGIONAL SHORELINE WETLANDSPROJECT, OAKLAND, CALIFORNIA, INCLUDING ADDITIVEALTERNATES B3 AND B6, A PENALTY FOR SUBCONTRACTINGWORK FOR WHICH ORIGINAL BID DID NOT DESIGNATE ASUBCONTRACTOR. (Commercial Real Estate - 12)

97298 10 AUTHORIZING SUBSTITUTION OF LANDSCAPE ANDJANITORIAL CLEANUP FOR ALTERATIONS TO BARNES ANDNOBLE BUILDING, JACK LONDON SQUARE, OAKLAND,CALIFORNIA. (Commercial Real Estate - 13S)

97299 11 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH CH2MHILL AND JOHN T. WARREN & ASSOCIATES,JOINTLY, FOR ENGINEERING DESIGN CONSULTINGSERVICES CONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Maritime - 21)


4


97301 13 CONCERNING CERTAIN APPOINTMENTS.(Operations - 31)

97302 14 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH SOFTRESOURCES FOR CONSULTING SERVICESCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Operations - 32)

97303 15 GRANTING BUDGET RENT A CAR SYSTEMS, INC.,PERMISSION TO PERFORM CERTAIN WORK.(Blanket Authority)

97304 APPROVING APPRAISAL OF THE FAIR MARKET VALUE OFTHAT CERTAIN OCTOBER 7, 1997, LEASE BETWEEN THEPORT AND RINGSBY PACIFIC LTD. (AS AMENDED),ESTABLISHING JUST COMPENSATION THEREFOR ANDDIRECTING THE EXECUTIVE DIRECTOR TO MAKE AN OFFERTO ACQUIRE LESSEE'S INTEREST IN SAID LEASE.(Closed Session - 40)

Vote on the following ordinances:Ayes: Commissioners Cole, Harris, Lockhart, Loh,

Taylor and President Ortiz - 6Noes: NoneAbsent: Commissioner Kramer - 1

ORDINANCES:

1 Port Ordinance No. 3378 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES POSTAL SERVICE ANDDIRECTING RECORDATION THEREOF."

Final.

2 Port Ordinance No. 3379 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH OAKLAND FUEL FACILITIES CORPORATION."

Final.

Port Ordinance No. 3380 being, "AN ORDINANCEREVISING AND RESTATING THE RULES AND REGULATIONSFOR THE PORT OF OAKLAND'S MARINAS AND FOR FIXINGTHE RATES AND CHARGES IN CONNECTION THEREWITH."

Final.

4 Port Ordinance No. 3381 being, "AN ORDINANCEADDING SECTION 1.3398 TO PORT ORDINANCE NO. 867FIXING THE COMPENSATION OF CERTAIN EMPLOYEES OFTHE PORT DEPARTMENT."

Final.

5 Port Ordinance No. 3382 being, "AN ORDINANCEADDING SECTION 1.3397 TO PORT ORDINANCE NO. 867FIXING THE COMPENSATION OF CERTAIN EMPLOYEES OFTHE PORT DEPARTMENT."

Final.

5


6 Port Ordinance No. 3383 being, "AN ORDINANCEAMENDING SECTION 1.03 OF PORT ORDINANCE NO. 867."

Final.


Final.


Final.

9 Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 9 OF PORT ORDINANCE 1149 RELATINGTO CHARGES FOR USE OF FACILITIES AT METROPOLITANOAKLAND INTERNATIONAL AIRPORT."


10 HELD OVER Port Ordinance No. being, "AN ORDINANCEFORMULATING AND ESTABLISHING CONDITIONS ANDPROCEDURES FOR THE CONDUCT AND REGULATION OFEVENTS HELD IN THE JACK LONDON SQUARE PORTION OFTHE PORT AREA."


11 Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 2.01 OF PORT ORDINANCE NO. 867 TOADOPT A NEW SALARY SCHEDULE FOR AIRPORT OPERATIONSSUPERVISOR, AIRSIDE."


APPEARANCES:

ADJOURNMENT: Next regular meeting, Tuesday, October 7, 1997, at3:00 p.m.

6



SEP 1 6 1997

DATE


Agenda SheetSUBJECT: Authorization to Obtain Easements in Exchange

for Sound Insulation

FACTUAL BACKGROUND:

Date: September 16, 1997

Item No. 1

PROGRAM AREA

IZ Airport Operations




Pursuant to Board approval, the Airport is implementing a Pilot Program for Sound Insulation for fourhomes located within the Airport's "noise impact area" on Bay Farm Island in Alameda. The Pilot Programincludes replacing the existing windows in the homes with acoustical windows, and installingweatherstripping and other soundproofing materials to decrease the interior noise levels of the homes byapproximately 5 decibels.

In exchange for the insulation, the Airport is requiring homeowners to sign an Easement and Release,prepared by the Port Attorney's Office, wherein they agree to release the Port, City of Oakland and Airportoperators from claims or damages arising from Airport operations. This is a perpetual easement so long asthe noise levels do not increase substantially in the future and so long as the interior noise levels of theinsulated homes meet the requirements of the State of California Noise Standards. Participation in thecurrent Pilot Program and future extensive Sound Insulation Program is voluntary. If eligible homeownerschoose not to participate in the program, the State will consider their homes in compliance with state lawsince the Airport has offered to provide insulation.

The "noise impact area" is defined as an area within an airport's 65 decibel (dB) CNEL contour, which issubmitted to the State of California on a quarterly basis. The Airport's 65 dB contour includes a smallportion of Bay Farm Island close to the bay. Airport staff worked with the FAA to determine the eligibilityboundaries for the sound insulation program. The eligibility area includes approximately 600 townhomesand 37 single family homes. The attached map identifies the location of the entire eligibility area and thefour homes included in the Pilot Program.

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to enter into Easement and Releaseagreements with all homeowners who participate in the Airport Sound Insulation Program. This includesboth the current Pilot Program and the larger future program made available to all homeowners within theelibility area on Bay Farm Island.


j , :MOTI ON

ESRES OLUTI ON

[1] ORDINANCE

q INFORMATION ONLY

• % ■ ■4fill, i

m

iilln IV 111611111. 14 I :L-Q:L--.11-}/,, U 1 110

■■■••: •/ a11% mato - HMI Oil

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.

alalla 244111'• A ' Inn' • ' III al : X IIII

17 IWO III illa .. asi

NB u p mi,. I■1,AOPILOT NOISE INSULATION PROJECT

FIGURE 1. , 4aupds:

• I r yule-- ■ T.

Bay Farm Island

A (;CO

C

L( COURSE

;

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,./// ik*_ tSAW % * ,44 4• V■ 4

ti. WASiii 44r 440 Als.,,,, i

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I 4.4%., ii*, /it to * * 4* • •• , Area Eligible For4.43P,„, .6 • S• Sound Insulation4a. ,4*./ 34 yi: k 4, V/ Off • VV041/4, 1* 0: 14 4 % 111 Tested Homes.A

\ \ \AO. IV NkN.* •* 44

'''''Si 44* 494441:4C":1;49,.. / 444•I1 40

0#0

01# **:.:::.,,,.Graphic Scale in Feet

OAKLANDINTERNATIONALAIRPORT

This map illustrates theproximity of the Airportrunways to Bay Farm Island

in Alameda. The cross-hatched area is theneighborhood eligible for

the Sound InsulationProgram. A close up viewof this area is shown onthe accompanying map.

The newest residentialdevelopments, that arelocated close to the waterand over which we haveeasements, are not shown

on this map.

Board of Port Commissioh....s - PORT OF OAKLAND

Agenda SheetDate- Reptpmhpr 1R, 1997

Item No 2

c›,7,41,49SUBJECT: Approval to Assess Penalty

to Fred Risard Constructionfor Adding Subcontractor


11 MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

PROGRAM AREA

X

Airport Operations


SUBMITTED BY: Joseph K. Wong Maritime Operations

EXECUTIVE OFFICE RECOMMENDATIOIJja Overall Operations

FACTUAL BACKGROUND:

The contract with Fred Risard Construction (Risard), Contractor for REMODELING RESTROOMSIN BUILDINGS M-103 AND M-130, SOUTH FIELD, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA, became effective on April 24, 1997, with a contract completiondate of September 8, 1997. The contract is based on lump sum price items totalling $236,780.00.The work consists of remodeling the existing restrooms on the second floor of Building M-103 tomatch the existing restrooms on the first floor of Building M-102, so that all restrooms in Terminal 1will be similar in appearance. The women's restrooms in Building M-130 will be modified to improvetheir appearance and functional adequacy. All the restrooms will comply with ADA and Title 24Building code requirements after they are remodeled.

The General Provisions (Paragraph 34) of the Contract Specifications state the following:

"Subletting or subcontracting of any portion of the work in excess of one-half of onepercent (1/2 of 1%) of the Contractor's total bid as to which no subcontractor wasdesignated in the original bid shall only be permitted in cases of public emergency ornecessity, and then only after a finding reduced to writing as a public record of the Boardsetting forth the facts constituting the emergency or necessity.

A contractor violating any of the provisions of this Paragraph 34 violates this contract andthe Board may exercise the option, in its own discretion, of (1) canceling this contract or(2) assessing the Contractor a penalty in an amount of not more than ten percent (10%)of the amount of the subcontract involved, which amount the Contractor agrees to pay tothe Port."

On August 25, 1997, Risard requested permission to add Cobel Glass (Cobel) as a subcontractorto perform the installation of the mirrors. The value of the subcontract is $3,000.00. Risard did notlist Cobel at the time bids were submitted due to an error in interpreting the construction drawings.The Contractor was informed that, as stated above, an addition is permitted only in cases of publicemergency or necessity and that such is not the case with their request. They were informed of thepenalties involved as stated in the General Provisions.

After careful review of Risard's situation, it is felt that there was no apparent intent by Risard tosubvert the subcontract requirements. Itiis therefore recommended that a penalty of ten percent ofthe subcontract amount (10% = $300.00) be assessed. Risard was informed of our recommendationand was also informed that they were entitled to a public hearing under Section 4110 of the StatePublic Contract Code before assessment of the penalty. They have declined such a hearing.

RECOMMENDATION:

It is recommended that the Board assess„ Fred Risard Construction a penalty of $300,00 for violatingParagraph 34 of the General Provisions.

Item No 12

PROGRAM AREA

SU JECT: Approval to Assess Penaltyto Fanfa. Inc.for Adding Subcontractor

Date: Septpmhpr 16. 1997

1 IIx!I 1H

Airport Operations


SUBMITTED BY: Joseph K. Wong 614-4,%0EXECUTIVE OFFICE RECOMMEND

DATE1

I I ---e-z-p/2ee-z-K------

Asvc,mvr SECRETARY OF THE BOARD

ZBOARD ION TAKENMOTION

I X I RESOLUTIONORDINANCEINFORMATION ONLY

Board of Port Commissiolidrs - PORT OF OAKLANDAgenda Sheet

FACTUAL BACKGROUND:

The contract with Fanfa, Inc. (Fanfa), Contractor for MARTIN LUTHER KING JR. REGIONALSHORELINE WETLANDS PROJECT, OAKLAND, CALIFORNIA, INCLUDING ADDITIVEALTERNATES B3 AND B6, became effective on August 4, 1997, with a contract completion dateof February 27, 1998. The contract is based on lump sum and unit price items totalling$1,232,664.61. The project is to create an approximately 71.5-acre wetland complex at theDistribution Center. The work involves excavating and grading existing fill; breaching the outboardlevee; and constructing a pedestrian bridge and various improvements. Excess dirt excavated duringthe wetland creation will be placed on an adjacent 35-acre undeveloped site called the "RetainedSite."

The General Provisions (Paragraph 34) of the Contract Specifications state the following:

"Subletting or subcontracting of any portion of the work in excess of one-half of onepercent (1/2 of 1%) of the Contractor's total bid as to which no subcontractor wasdesignated in the original bid shall only be permitted in cases of public emergency ornecessity, and then only after a finding reduced to writing as a public record of the Boardsetting forth the facts constituting the emergency or necessity.

A Contractor violating any of the provisions of this Paragraph 34 violates this contract andthe Board may exercise the option, in its own discretion, of (1) canceling this contract or(2) assessing the Contractor a penalty in an amount of not more than ten percent (10%)of the amount of the subcontract involved, which amount the Contractor agrees to payto the Port."

On August 20, 1997, Fanfa requested permission to add Central Fence Company as a subcontractorto perform the fencing work. The value of the subcontract is $48,870. Due to a clerical error, Fanfainadvertently did not list a subcontractor to perform the fencing work. The Contractor was informedthat, as stated above, an addition is permitted only in cases of pubic emergency or necessity and thatsuch is not the case with their request. They were informed of the penalties involved as stated in theGeneral Provisions.

After careful review of Fanfa's situation, it was felt that there was no apparent intent by Fanfa tosubvert the subcontract requirements. It is therefore recommended that a penalty of ten percent ofthe subcontract amount (10% = $4,887.00) be assessed. Fanfa was informed of our recommendationand was also informed that they were entitled to a public hearing under Section 4110 of the StatePublic Contract Code before assessment of the penalty. They have declined such a hearing.

RECOMMENDATION:

It is recommended that the Board assess Fanfa. Inc. a penalty of S.4 , RsTnn for vin I nting Paragraph34 of the General Provisions.

BOARD ACTION REQUIRED: irPRO itilMoLeMaor7 2q SEP 1 6 1997

OAKLAND

.110001D OD

SAN LEANDRO

DAY

A RROWHEAD MARSH

-----7-----,_WI ! Fr)

PW;J:E TliSITE

ili:! RETAINED

N , Ilii11 1 , SITEAIRPOR T CHANNEL'Illd

il 1 ' ' ' IIARDEE 0 0

ALAMEDA

71! ri

FIGURE 1: VICINITY MAP

PORT OF 0A<LA 3 7/9/96520 VAI(R 310(Cr OAKUM. CALlIORMA

(OIS -JZ67 Dvc r

Team Member Role Target %CH2MHILL LBA/LIA Prime Contractor 39%John T. Warren LBA/LIA/MBE Joint Venture Partner 26%Subsurface Consultants, Inc. LBA/LIA Geotechnical 19%YEI Engineers, Inc. LBA/LIA/MBE Electrical/Mechanical

5%

ConsultantGAIA Consulting LBPJLIANVBE Environmental/Permit Support 3%Gahagan & Bryant Associates, Inc. Bathymetric Survey 4%Han-Padron Associates Pile Interaction/Design 4%

BOARD ACTION REQUIRED:*.°4 C77 ZW

SEP 1 6 1997

El MOTION

E RESOLUTION

El ORDINANCE

INFORMATION ONLY

14/

(IV


Agenda SheetsuBJEcT: Approval of Consultant Agreement with

CH2MHILUJohn T. Warren & Associates,a Joint Venture, for Engineering DesignServices for Construction of Wharf atBerths 55/56, Inner Harbor Channel

SUBMITTED BY: Joseph K. WongEXECUTIVE OFFICE RECOMMENDATION:

F,A,CTUAL BACKGROUND:

Date: September 16, 1997Item No. 21PROGRAM AREA



Maritime Operations

EI Overall Operations

The Port's Vision 2000 Program consists of a Joint Intermodal Terminal and up to 5 container berths along the northside of Oakland's Inner Harbor Channel. Construction of a container wharf at Berths 55/56 is the first phase of thisprogram. The proposed consultant is to provide professional engineering design services for this project.

BASIS OF SELECTION:

Approximately 145 Requests for Proposal (RFP) were sent out on July 8, 1997. The RFP's were sent to Civil andStructural Engineers with offices in the Local Business Area (LBA), Alameda and Contra Costa Counties, whichhave shown interest in doing work for the Port. Of the requests sent out, seven proposals were received.

The Port Review Panel reviewed the seven proposals and the three top-ranked teams were invited for interviews.They were CH2MHILL/John T. Warren & Associates(HILUJTVV), a Joint Venture; Liftech Consultants Inc.; andMoffatt & Nichol Engineers.

HILUJTW was unanimously recommended for selection to perform the required professional design services for thisproject. The selection of HILLLITIN was based on their project team's presentation, joint venture status, teammembers, and extensive design experience on container wharves.

The following table is the Design Team, Role, and Target %.

The Port's Office of Equal Opportunity (0E0) was involved in the review of the RFP's and participated in theconsultant interview process. 0E0 concurs in the selection.

Approval of Consultant Agreement withCH2MHILUJohn T. Warren & Associates,a Joint Venture, for Engineering Servicesfor Construction of Wharf at Berth 55/56,Inner Harbor Channel

The EEO-1 Work Force Reports/Professional. Services Questionnaires are on file.

Port staff is currently negotiating with HILL/JTW on scope and terms of the contract. It is anticipated that theamount of the agreement will not exceed $3,000,000, and it is requested that the Executive Director be authorizedto approve up to an additional $600,000 for potential changes in scope. It is necessary to begin design workimmediately after the final scope and terms are agreed upon in order to make the project's required completion dateof October 1999. Therefore, it is proposed that the Executive Director be authorized to prepare and execute aprofessional service agreement based on these negotiations.

The work is budgeted in CIP Element No. M6.00583.01. The funding source will be Port bonds.

RECOMMENDATION:


1) Determine that the engineering services as described above are professional services, and

2) Authorize the preparation and execution of an agreement with CH2MHILL/john T. Warren & Associates, ajoint venture, in accordance with the provisions above.

Sept. 16, 1997Approval of Consultant Agreement withCH2MHILL/John T. Warren & Associates, a Joint Venture,for Engineering Design Services for Constructionof Wharf at Berths • 55/56,Inner Harbor Channel

PORT OF OAKLANDHARBOR TRANSPORTATION CENTER

AREA D

I I

n MOTION

x ( RESOLUTION

ORDINANCE

INFORMATION ONLY

BOARD ACTION REQUIRED: SEP 1 6 79974?-4,311:MS Rag


SUBJECT: Personnel Items Date: September 16, 1997

- Appointments- Creation of ClassificationsiPesitiens-4- Examination Announcements



Item No. 31

PROGRAM AREA

ri Airport Operations


Maritime Operations

PC1 Overall Operations (CI )

FACTUAL BACKGROUND:




Regnier, Emily Commercial Representative V Exempt from I 9/22/97 $5,931/month- CIP Position to Support Airport Expansion Project Civil Service rate "c"

Airport Expansion Project Aviation Division- Promotion of Port

Employee from CommercialRepresentative IV

Hess, Rachel Associate Port Environmental Civil Service 9/22/97 $4,516/month- Budgeted Vacant Position Scientist rate "a"- New Employee EH&SC Department- Previously Filled by Engineering Division

Temporary Agency Worker

Dirksen, Lawrence- Promotion of Port

Employee fromEngineering AssistantPosition

Senior Engineering AssistantCentral Facilities Department


Civil Service 9/22/97 $4,162/monthrate "b"


EMPLOYEES AS OF AS OF AS OF AS OF211/91 9/24/96 9/2/97 9/16/97




10.00 FTE 8.00 FTE11.00 FTE* 8.00 FTE


0.00 FTE 0.00 FTE 0.00 FTE

TOTAL FTE 625.35 HE 565.98 FTE 545.00 FTE 544.00 FTE**

AGENDA SHEET, PERSONNEL ITEMS--SEPTEMBER 16, 1997


Hicks, Frank A. Port Electrician Civil Service 9/22/97 $4,360/month- Budgeted Vacant Position Central Facilities Department rate "a"- New Employee Engineering Division- Previously Filled byTemporary Agency Worker

Russell, Donald J. Port Electrician Civil Service 10/6/97 $4,360/month- Budgeted New Position Central Facilities Department rate "a"- New Employee Engineering Division

Taylor, Benny L. Semiskilled Laborer Civil Service 8/25/97 $3,623/month- Reinstatement of Former

Maritime Division rate "c"Employee

CREATION OF CLASSIFICATIONS/POSITIONS–Ordinance (2 Readings)

It is re • uested that the Board approve the creation of the classification of Ai rt 0 • rations Supervisor, Airside andseven positions at t e same monthly compensation fixed in Section 10.06 for Airport Operations Supervise PortOrdinance 867 (a–.$5010; b–.$5261; c–$5524; d–$5800; e–.$6091) in the Aviation Division to accommodate thereclassification of seven employees in accordance with the Oakland Fire Department consolidation.

It is requested that the Board approve the creation of one additional position of Port Field Representative I in theGovernmental Affairs Department to meet current staffing needs. Work is currently being performed by a temporaryagency worker.

It is requested that the Board approve the creation of one additional position of Senior Port Strategic Planner in theOffice of Strategic and Policy Planning to accommodate the reclassification of an employee in accordance with CivilService Rule 3.06.

EXAMINATION ANNOUNCEMENTS–Resolution (1 Reading)


Page 2

Properties Assistant (Open)Port Maintenance Foreman (Promotional)



** Count decrease due to one separation.

RECOMMENDATION

It is recommended that the Board of Port Commissioners approve the preceding appointments, creation ofclassifications/positions, and examination announcements.

SUBMITTED BY: Fred Rickert, Acting Chi -f Financial OfficerEXECUTIVE OFFICE RECOMMENDATION:

O MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY


Board of Port Commissio. ors - PORT OF OAKLAND

Agenda SheetSUBJECT: Action on Integrated Financial Management Study Date: September 16, 1997

Item No. 32

PROGRAM AREA



O Maritime Operations

Overall Operations

=ACTUAL BACKGROUND

'he revenue departments, along with Finance, Engineering and Administration jointly developed the requirementsJr an integrated financial system (software) to replace the current software which is not in compliance with Year000 requirements and is technically obsolete. The objectives are to identify software that will:

* Meet the business needs of the revenue departments;Promote efficiency and improved work flow in the delivery of services to tenants, customers and internalusers;Provide greater flexibility to MIS staff related to maintenance, upgrades and modification of software;

* Reduce operating costs.in accordance with Port Ordinance 1606, proposals were solicited from professional firms specializing in softwareselection and work flow analysis. A total of 11 proposals were received and six firms were interviewed and evaluated by acommittee comprised of representatives from Aviation, Commercial Real Estate, Maritime, EOE, Engineering, MIS andFinance Departments.The committee evaluated each firm's proposal on the basis of experience, demonstrated expertise, project management,understanding of the Port's lines of business, aria cost/benefit. The top ranked firm is SoftResources of Seattle,Washington. Grant &Smith, an Oakland-based, accounting and consulting firm, is a subcontractor on the project for 20-25% of the work.The combination of SoftResources and Grant & Smith, represents a high level of expertise and excellent value. Grant &Smith are familiar with Port operations and SoftResources has performed similar assignments for public agencies andcorporations such as East Bay Municipal Utility District, Stone Container Corporation and Qualcomm. At approximately$190,000, the cost for their services to complete phase one, work flow analysis and software selection, is verycompetitive. Fees from all interviewees ranged from $190,000 to $ 347,000, as follows:

INTERVIEWEES' NAME FEE

Soft Resources 190,000Deloitte & Touche 230,000The Warner Group 260,000KPMG Peat Marwick 323,000Coopers & Lybrand 347,000

The goal is to complete the entire project, including implementation by June 1999. The first phase of the project whichincludes work flow analysis and software selection ip scheduled to commence in early October 1997 with completion byMay 1998. The second phase, implementation and staff training, will commence immediately thereafter. Staff will reportback to the Board in May, 1998 at the completion of phase one to review the implementation and training plan.

Funds for this project are included in the capital budget.

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to contract with SoftResources, in an amountnot to exceed $190,000, for professional services related to the selection of Integrated Financial System software.

BOARD ACTION REQUIRED: itinalmytrykD yews*a_ .77677.___ SEP 1 6 1997

XECUTIVE OFFICE RECOMMENDATION:


lameda County Superior Court Case' No.

City of OakCourt Case

I ucking Company, Inc., et al, U.S. District

SEP 1 6 1997

DATE

ittarosnrprp SECRETARY OF THE BOARD


1 1 MOTIONRESOLUTIONORDINANCE

INFORMATION ONLY

APPROV AVATI.MTP.10.

BOARD ACTI e N TAKEN


Agenda SheetUBJECT: CLOSED SESSION

UBMITTED BY: Christopher C. Marshall

Date • September 1997

Item No 40



Maritime Operations

Overall OperationsACTUAL BACKGROUND:•

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:Three cases.

CONFERENCE WITH LABOR NEGOTIATOR. PORT OF OAKLAND ANDLOCAL 790, as provided for under Government Code Section 54957.6.


Property:


9.1 acre site located on thewesterly side of Middle HarborRoad, southerly of 7th Streetin Outer HarborOakland, California

Port of Oakland andDongavy Investments, Ltd.(2225 7th Street, Oakland, CA)


SUMMARY AGENDA OF BOARD CALENDARSeptember 16, 1997

AIRPORT



5S Approval of New Lease with Existing Tenant UnitedStates of America, Department of Transportation,Federal Aviation Administration (8250 EarhartRoad, North Airport). (Resolution)

Recommends approval to renew their agreement foroffice space on the North Airport.

6S Approval of New License and Concession Agreementwith Sky Trek International Airlines, Inc. (#1Airport Drive, South Airport). (Resolution)

Recommends approval of a new agreement providingfor use of the Airport for two flights a week.

7S An Ordinance Amending Section 9 of Port Ordinance1149 Relating to Charges for Use of StorageFacilities by Non-Based Airlines at North andSouth Airport. (Ordinance)

Recommends approval to establish the storagerates.

8S Approval of Specifications for FurnishingMaintenance and Service for Parking Lot RevenueControl Systems for the Period Commencing January1, 1998, and Ending December 31, 1999 or 2000,South Airport, MOIA. (Resolution)

Recommends their approval and authority toadvertise for bids for the maintenance of theparking contract systems.

9S Approval to Negotiate Change Order to ReroofBuilding M-101, Terminal 1, MOIA. (Resolution)

Notifies of the repairs to the building and thatthe roof needs to be repaired. Recommendsapproval of a change order to provide for thework.

Summary Agenda of Board CalendarSeptember 16, 1997Page 2

10S Substitution of Drywall and Janitorial CleanupSubcontractors for "Remodeling Restrooms inBuildings M-103 and M-130, South Airport, M.O.I.A.(Resolution)

Notifies that the two subcontractors will notenter into subcontracts and recommends approval ofthe two new substitute subcontractors.


13S Substitution of Landscape and Janitorial CleanupSubcontractors for "Alterations to Barnes andNoble Building, Jack London Square." (Resolution)

Notifies that the two subcontractors will notenter into subcontracts and recommends approval ofthe two new substitute subcontractors.

MARITIME



ORDINANCES:

Port Ordinance No. 3378 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES POSTAL SERVICE ANDDIRECTING RECORDATION THEREOF."

Provides for a lease with the Postal Service.

Port Ordinance No. 3379 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH OAKLAND FUEL FACILITIES CORPORATION."

Provides for a lease with Oakland Fuel FacilitiesCorporation.

Port Ordinance No. 3380 being, "AN ORDINANCEREVISING AND RESTATING THE RULES AND REGULATIONSFOR THE PORT OF OAKLAND'S MARINAS AND FOR FIXINGTHE RATES AND CHARGES IN CONNECTION THEREWITH."

Provides for revising and restating the rules andregulations for the Port's Marinas and fixing therates and charges.


Provides for adding the compensation of certainemployees of the Port.



Provides for adding the compensation for certainemployees of the Port.

Port Ordinance No. 3383 being, "AN ORDINANCEAMENDING SECTION 1.03 OF PORT ORDINANCE NO. 867."

Provides for amending Port Ordinance No. 867.


Provides amending Port Ordinance No. 867.


Provides for amending Port Ordinance No. 867.



I IMOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

BOARD ACTIONTAKEN DATE


Agenda SheetSUBJECT: First Reading of Ordinance Approving a Lease with

an Existing Tenant United States Postal Service(Alan Shepard Way, South Airport)

Date: Septembe- 2, 1997

Item No. 4S

DU 1.17:1T:

• OF

0

CALLitzi MEMO

PROGRAM AREA

1)(1

Airport Operations



H Overall Operations

FACTUAL BACKGROUND:

The United States Postal Service ("Postal Service") has been a tenant on the South Airport since 1992 and currentlyoccupies approximately 4,400sf of warehouse space in Building M-106 under an Agreement to Extend Right-of-Entry andIndemnity Agreement, effective July 1, 1997. The current monthly rent is $3,300.

It is proposed that the Port enter into a three-year Lease with the Postal Service for the same space and at the samemonthly rent. The commencement date of the Lease (presumably November 1, 1997) would be determined by the dateof the passage of the Ordinance. The current monthly rent would remain unchanged; however, future rental adjustmentswould be made pursuant to Port Ordinance No. 1149 for rates and charges prescribed for Monthly Aviation SpaceRental.


RECOMMENDATION:

It is recommended that the Board give first reading to an ordinance approving and authorizing execution of the Leasewith the United States Postal Service as described above.

C:1WP5 1 FILESNBOARDWSPS2.LSE

BOARD ACTION REQUIRED:Appmv.ani lay

-aa'f3r.4. 1m Ram SE? 2 1997



FACTUAL BACKGROUND:

1)( 1

1 I

I 1

tO

MOTION

RESOLUTION

I X I ORDINANCE

INFORMATION ONLY

BOARD ACTION TAKEN

DATE

Aittanaecrr SECRETARY OF THE BOARD

Board of Port Commission_ - - PORT OF OAKLAND

Agenda SheetSUBJECT: First Reading of Ordinance Approving a Lease

with Oakland Fuel Facilities Corporation, aNon-profit Entity, for Construction and Operationof a Motor Gas ("MOGAS") Fueling Facility(#1 Airport Drive, South Airport)


Item No. 5S

PROGRAM AREA

DUPLKATEOF PRIOR

CA DZ.'

Airport Operations


Oakland Fuel Facilities Corporation ("OFFC") is a non-profit entity comprised of a consortium of the major airline operators(FedEx, UPS, Southwest, United, American, Delta, American West, Alaska Airlines, etc.) and was formed to operate andmaintain low cost fueling operations for air carriers serving Oakland International Airport. OFFC currently leases the Airport'saircraft fuel farm and operates the Airport's hydrant fuel system. This recommendation seeks approval of the construction,operation, and maintenance of a motor gas ("MOGAS") fueling facility at the Airport.

The proposed MOGAS facility would be operated on the Airport's South Field (to be located between Taxiways B, S, andTI, providing a self-service fueling operation for airline, Port, and other Airport vehicles using the airfield operations area.Many of these vehicles (e.g., aircraft tugs, heavy machinery) are not licensed to operate on California public roadways andthus are unable to obtain fuel from any commercial gas stations.

The proposed MOGAS facility would replace the one currently operated by the Port. That facility, which includesunderground storage tanks, must he replaced with another facility by December 1998, the deadline established under Stateand Federal law for removal of existing underground fuel storage tanks.

As OFFC is a non-profit entity, the sale price of the fuel to the Airport's consumers would be at the wholesale cost of thefuel, plus operational expenses associated with the MOGAS system. DynAir Fueling, Inc., OFFC's present third-party operatorof the Airport's fuel farm and hydrant fueling facilities, would be the MOGAS manager. OFFC would purchase and installstate-of-the-art MOGAS equipment, principally comprised of the following:

• one, 20,000 gallon, multiple compartment, double wall steel fuel storage tank, to be located above ground;

one Petro Vend fuel management system to control up to four (4) hoses with an encoding machine; and,

• an inventory control keyed system permitting accurate tracking and recordation of individual and corporate use ofthe system. -

The principal terms of the recommended lease with OFFC follow:

• Premises: Two separate parcels totaling 2,877 square feet of existing aircraft and vehicle apron area, locatedbetween Taxiways B, S, and T.

• Term: Approximately seven (7) years, through September 30, 2004. No options to extend the term.

• Uses: To construct, equip, maintain, and operate a self-service, ground vehicle fueling facility, permitting individualand corporate use of the system. The sale price of the fuel to the Airport consumers would be at the wholesalecost of the fuel, plus the MOGAS operational expenses, which is converted to a pro-rated annual "OFFC Fee"applied to each gallon delivered which fee is to be first approved by the Director of Aviation.

Kpfolova4 6-y. OuhnBOARD ACTION REQUIRED: wood to odd

SEP 2 1997

First Reading of Ordinance Approving a Leasewith Oakland Fuel Facilities Corporation, aNon-profit Entity, for Construction and Operationof a Motor Gas ("MOGAS") Fueling Facility(#1 Airport Drive, South Airport)September 2, 1997Page two

• Rent: Monthly rent of $0.41 per square foot (2,8770 x $0.41 = $1,179), or approximately $14,154 per year.Rental adjusted every thirty (30) months by the percentage increase in the Consumer Price Index. Security depositequal to three (3) months rent.

Improvements: State-of-the-art fueling system containing: one, 20,000 gallon, multiple compartment, double wallsteel fuel storage tank, to be located above ground; one Petro Vend fuel management system to control up to four(4) hoses with an encoding machine; and, an inventory control keyed system permitting accurate tracking andrecordation of individual and corporate use of the system. All improvements to be at OFFC's sole cost andexpense.

• Liability Insurance: OFFC to maintain through the life of the lease $100 million in general liability insurance and$10 million in comprehensive auto liability. Other insurance provisions standard to other Port leases.

• Third Party Service Provider: OFFC's initial third party service provider (contractor/manager) would be DynAirFueling, Inc.

• Toxic Materials: OFFC to indemnify and be responsible for all contamination of the Airport caused by its MOGASfueling operations. However, OFFC is not to be responsible for any toxic materials or condition that was on theproperty prior to its occupation of the premises. [It is anticipated that OFFC will not disturb the ground conditionsof the apron area, but instead will "drop" a concrete slab onto the tarmac, and install the fuel tank thereon. Fuelingpumps will be installed onto existing fueling islands.]

• Other terms and conditions: The 58 page lease with attachments contains numerous other terms and conditionsstandard to Port of Oakland leases at the Airport.

This project is categorically exempt from requirements of the California Environmental Quality Act and the Port CEQAGuidelines pursuant to Class 1 of Guidelines: Section 15301(p) which exempts renewals, extensions, or amendments toleases or license and concession agreements where the premises or licensed activity was previously leased or licensed tothe same or another person, and involving negligible or no expansion of use beyond that previously existing and Section15301(d) which exempts restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanicalequipment to meet current standards of public health and safety.

RECOMMENDATION:

It is recommended that the Board give a first reading to an ordinance approving and authorizing execution of the lease withthe Oakland Fuel Facilities Corporation (OFFC), as described above.

e:1wp61%filelilboardlofic.bd

q MOTION

q RESOLUTION

q ORDINANCE

q INFORMATION ONLY



Agenda SheetSUBJECT: Revision of Port Ordinance No. 2161 Establishing the Rules and

Regulations for the Port of Oakland's Marinas and for Fixing theRates and Charges in Connection Therewith

Date: September 2. 1997

Item No. 11

PROGRAM AREA

SUBMITTED BY: yce WashingtonEXECUTIVE OFFICE RECOMMENDATIO

DUPLICATEOF PRIOR

C LEIN:DAR f.qi

Airport Operations



0 q Overall Operations

FACTUAL BACKGROUND:

Port Ordinance No. 2161 contains rules and regulations for the Port Marinas, as well as the marina rates and charges. Itis proposed that Ordinance No. 2161 be amended to grant a 7% overall increase in marina rental rates, excludingSeabreeze, and that these new rates become effective as of October 1, 1997. It is further proposed that certainprovisions be revised and new provisions be incorporated in the ordinance in order to make it consistent with other nonPort Marina standard rules and regulations.

In August 1993, the marina rates were increased an average of 5%. Rates were not increased in subsequent yearsbecause the average vacancy rate in the marinas was about 25% and staff believed that a rental increase would nothave been productive. Since the current vacancy averages about 10% and the more desirable Port. Marinas are fullyoccupied, staff believes that the rate increase will make the Port Marinas more competitive in today's market.

Staff used a published survey of rates for both public and private marinas in San Francisco and the Bay Area to supportthe 7% increase. Coyote Point Marina, the public marina benchmark, has an average rate of $5.25. The new PortMarina rates will average $5.50 with utilities merged in with the rates. Private marinas average about $6.50 but can notbe used as a benchmark because they offer more amenities.

Attached is a schedule outlining the existing and proposed marina rates and map.

The following are other proposed revisions to Ordinance No. 2161:

Jack London Square and North Basin Marina guest and charter docks will be included in the definition of "Port MarinaAreas' in the Definitions Section.

Tenant occupancy stay will be increased to 14 consecutive nights from the existing 7 consecutive nights found in theVessels as Abodes provision. BCDC confirmed that this change is permitted.

A noise restriction for the hours from 10:00p.m. to 9:00a.m. will be added to Section 16 Hours of Operation.

A new provision Pets in the Marinas, will be added to institutionalize the rules and restrictions governing berthershaving their pets in marinas and in other Port areas.

Grounds for eviction for failure to comply will be added to Sanitation; Discharge of Refuse, Sewage, or Waste Matter inthe Port Area or Port Marinas. Staff believes that this new language clearly defines the Port's position and is necessaryto protect the Port from the potential of an environmental hazard occurring in the Estuary.

In Section 7, Mooring or Berthing, language will be added stating that vessels cited for trespassing shall be towed at theowners expense, including administrative costs incurred by the Port.

. v Ordintncto

Afirea.vi w SEP 2 1997BOARD ACTION REQUIRED:

Revision of Port Ordinance No. 2161 Establishing the Rulesand Regulations for the Port of Oakland's Marinas and forFixing the Rates and Charges in Connection Therewith

Page 2

Various proposed changes to Section 8:

• addition of language allowing same berth occupancy of dinghies, rafts, and small boats without additional charge• clarification of the method used to measure boat lengths• a monthly fee for dinghies, rafts and small boats stored outside of the berth shall be $1.00 per linear foot• a monthly fee for floats, row boats and small craft shall be between $15.00 and $18.00 per float• application fee of $100.00 will replace one-half of one month's rental fee• a $10.00 key/card deposit charge will replace the existing $5.00 charge• a new subsection (8), Credits, will allow the use of unoccupied berths by visitors, with prior permission from berther,

for overnight stays with berther receiving a credit in the amount of one-half of the rental collected from the visitor

A new subsection (6) in Section 9, will restrict the boarding and removal of goods from a vessel vi+hout prior writtenapproval from the Port. Lien costs shall be no less then $300.00 with all subsequent liens assessed at a higher ratewhich shall be determined by the Commercial Real Estate Director or a designee.

Language will be added to Section 12 requiring prior written approval from the Harbormaster for construction or structuralalterations to vessels and prior notification of party, parties, or contractor(s) hired.

In addition, Section 13 will restrict vehicle storage in parking lots without prior written approval from the Harbormaster.Without prior approval, inactive or stored vehicles are subject to impound and the owner shall be responsible for —impound charges and for all costs incurred by the Port.

Proposed changes to Section 17 include provisions for prior approval from the Commercial Real Estate Director beforeany signs are posted on the vessel and for permitted size and wording.

Proposed Section 18 revisions:

• a new provision requiring an owner of a transient vessel to remove the vessel within 24 hours of notice from the Port• revised rates for day and overnight guests in specific marinas from $10.00 per day to $10.00 per night for boats

under 49 feet, $20.00 per night for boats up to 60 feet, $0.50 per linear foot per night for boats larger than 60 feet• no charge for visitors who stay less than 4 hours in designated areas• a new provision requirement that prepaid overnight visitors submit any request for credit for unused nights in writing

to the Harbormaster. Credit must be used within six months from the original requested date.

Section 19 language will state that the Port shall have the right to revoke any berthing agreement if the "stray currentproblem" is not corrected in what is deemed a reasonable time by the Port.

RECOMMENDATION:

It is recommended that the Board amend Port Ordinance No. 2161 providing for the increase in rates and charges for thePort Marinas and granting the above listed modifications and revisions to the rules and regulations provisions.

MARINA BERT ATESRATES EFFECTIVE Ot...LOBER 1 , 1997

Central, North & Union Point Basins

Berth Water New Monthly MonthlyDimensions Rent Rent

20' x 17'22" x 11'24' x 11'25' x 11'25' x 12'25' x 13'25' x 13.5'28' x 11.5'28' x 12'28' x 12.5'28' x 13'28' x 13.5'29' x 12'29' x 14'30' x 12'30' x 13'30' x 13.5'30' x 14'30' x 14.5'30' x 15'32' x 12.5'32' x 13'32' x 13.5'32' x 14'32' x 15.5'34' x 12'34' x 12.5'34' x 13'34' x 13.5'34' x 14'34' x 14.5'34' x 15'34' x 15.5'34' x 16'36' x 13'36' x 14'36' x 15'36' x 15.5'36' x 16'36' x 17'38' x 12'38' x 15'38' x 15.5'38' x 16'40' x 15'40' x 16'40' x 16.5'40' x 17'42' x 14'42' x 14.5'42' x 15'42' x 16'42' x 16.5'45' x 16'45' x 16.5'45' x 17'45' x 17.5'47' x 16'47' x 17'47' x 17.5'47' x 21'52' x 16'52' x 17'52' x 18'52' x 20'

$135.00$108.00$119.005123.005127.005131.005134.00$144.00$146.00$148.00$150.00S 152.00S150.00$160.00$159.00$166.00S167.00S 169.00$172.00$174.00$172.00$174.00$177.00$179.00$187.00$182.00S 186.00S188.005190.00$194.005196.00$199.005202.005204.00$199.00$204.00$210.00$212.00$215.00$221.00$225.00$228.00$229.00$231.00$236.00$242.00$246.00$248.005245.00$248.00$252.00$258.005262.00$280.00$284.00$286.005290.00$291.00$298.005302.00$325.00$324.00$332.00$340.00$354.00

S124.00S. 97.00$106.00$110.00$114.00$118.00S 120.00$126.00$128.00$130.00$132.00$134.00$132.00$142.00$137.00S144.00$145.00$147.00$149.00S151.00S 149.00$151.00$154.00$156.00$163.00$155.00$159.00$161.00$163.00S167.00$169.00$171.005174.00$176.005171.00-$176.00$182.00$184.00$186.005192.00S195.00$194.00$192.00$197.00$202.00$207.00$211.00$213.00$205.00$208.00$212.00$218.00$221.00$234.00$237.00$239.005243.00$244.00$250.00$254.00$276.00S270.00$277.00$285.00$298.00

of 2

RATES EFFECTIVE OCTOBER L 1997

ALL BELOW RATES PER LINEAR FOOT. ("p1P)

NORTH BASIN I AND II, CENTRAL BASIN AND UNION POINT BASLN OVERHANG CHARGE

OLD:

$5.12 plf NEW: $5.94 plf

NORTH BASIN I AND II, CENTRAL BASIN AND UNION POINT BASIN SIDE-TIE CHARGE

OLD: 30' & 'UNDER

$4.85 pif

NEW: 30' & UNDER $5.34 plfOVER 30'

$5.12 plf

OVER 30' $6.00 pif

RAFTS, DINGHIES OR OTHER SMALL BOATS

OLD:

N/A NEW: $1.00 plf

FLOATS FOR ROW BOATS OR OTHER SMALL WATER CRAFT

OLD: N/A

NEW: $15.00 or $18.00 per

monthJACK LONDON MARINAS AS FOLLOWS:

OLD: NEW:EAST & WEST BASINS $4.46 pif $4.86 pif

OLD: NEW:CENTER BASIN NON-RECONSTRUCTED $4.46 plf $4.86 plf

OLD: NEW:CENTER RECONSTRUCTED $5.25 plf $6.00 plf

SEABREEZE MARINA :

OLD: $4.25 plf NEW: No Change

12th St.Oakland. StationConvention

%Center t .0411111111

sx- zoo r"

1 - Jack London Marina,West Basin

2 .- Port of Oaklandguest docks. Ferryto San Francisco

3 - Jack London Marinagas dock. Harbor Master.

4 - Public boat ramp5 - Embarcadero Cove

Marina, North Basin.Guest docks andpump out station.

6 - Embarcadero CoveMarina, Central Basin

7 - Metropolitan Yacht Club8 - Union Point Basin

II

JBJECT: Authorization to Execute MOU withSE/U Local 790; and Proposed First Readingof a Salary Ordinance(s) Providing for theirImplementation

ilbert C. Apodacad7DUPLICATE

SUBMITTED BY.


OF PRIOR


MOTION

X RESOLUTION

ORDINANCE

INFORMATION ONLY

ve • aor•dr i41111111111•7■ JiW Lir. vArs.LAND

Agenda Sheet. August 4, 1997

Date

Item No. 32

PROGRAM AREA

Airport Operations


Maritime Operations

Overall OperationsX

FACTUAL BACKGROUND:

CALENDAR MEMO

On Monday, July 28, 1997, the membership of the Port of Oakland Chapter,Service Employees International Union, Local 790, voted to accept the terms ofa five year Memorandum of Understanding, effective July 1, 1997 through andincluding June 30, 2002.

The following is a summary of the major contract language changes:

Salary Increase: A five year wage package with all employees moving throughsalary rates from Rate A to Rate E with the following additional across the boardincreases: 4% effective July 15, 1997; 3.5% effective July 1, 1998; 3.5% effec-tive July 1, 1999; a minimum of 2.5% to a maximum of 5% COLA effective July1, 2000, and a minimum of 2.5% to a maximum of 5% COLA effective July 1,2001.

Contracting Out: The Port will notify the Union sixty (60) days in advance of itsintention to contract out work $ newly acquired or constructed Port facilities ifthat work is performed by Port employees at existing facilities.

Welfare Reform: In the event the Port becomes involved in a Workfare Pro-gram, it will meet and confer with the Union.

Union Negotiating Team: The Port will only pay for eight (8) members of theUnion's negotiating team during negotiations in the year 2002.

It is recommended that the Board ratify and confirm the five year Memorandumof Understanding between the Port and SEIU Local 790, effective July 1, 1997through and including June 30, 2002, offered by the Port's Meet and ConferCommittee and accepted by the membership of SEIU.

It is also recommended that the Board authorize the contract's execution by theExecutive Director. The appropriate resolution has been prepared for your ap-proval ratifying the Memorandum of Understanding and authorizing its execution.

It is also requested that at the meeting of the Board on September 2, 1997, theBoard give first reading to the Ordinances necessary to implement the provisionsof the Memorandum of Understanding.

El

0 MOTION

RESOLUTION

0 ORDINANCE

ntill V



Agenda SheetSUBJECT: Approval of New Lease With Existing Tenant

United States of America, Department ofTransportation, Federal Aviation Administration(8250 Earhart Road, North Airport)

SUBMITTED BY: Steven J. Grossman Li7/:;),EXECUTIVE OFFICE RECOMMENDATION

Date: September 163 1997Item No. 5S -PROGRAM AREA

la Airport Operations


Maritime Operations


FACTUAL BACKGROUND:

The following Lease is submitted for approval:

PROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLESSEE LOCATION RATE RATE DATE

"B" United States 2,825sf of office, $3,616.25/mo $3,714.00/mo 10/1/97of America, 120sf of lobby/restrooms $1.187+psf $1.219+psf - officeDepartment of and 2,000sf of unpaved $1.187+psf $1.219+psf lobby/restroomsTransportation, parking in and adjacent $0.06-psf $0.062-psf - unpaved parkingFederal Aviation to Bldg. L-619Administration



RECOMMENDATION:


C:\MYDOCS\BOARD1SEPEID.DOC

BOARD ACTION REQUIRED: -5- rmatize... SEP 1 6 1997


SEP 1997



with Sky Trek International Airlines, Inc.(#1 Airport Drive, South Airport)

Date:

Item No. 6S

PROGRAM AREA

September 16, 1997

Airport Operations


Maritime Operations


FACTUAL BACKGROUND:

Sky Trek International Airlines, Inc. ("Sky Trek"), requests approval of a License and Concession Agreement("Agreement"). The Agreement would authorize airline operations under the name of Sun West International two timesper week.

The Agreement would have a one-year term commencing on August 28, 1997, with a 30-day termination provision. Nopremises would be granted by this Agreement; Sky Trek has an agreement with Delta Airlines to utilize their ticketcounter, office and bag make-up space in Terminal I (Building M-101). There are no space rental fees charged to SkyTrek. Aviation Finance will collect landing fees; a $22,000 performance deposit is provided for in the Agreement.


RECOMMENDATION:

It is recommended that the Board approve the License and Concession Agreement with Sky Trek International Airlines,Inc. as described above.

c:\mydocs\skytrek.doc


El MOTION

RESOLUTION

ID ORDINANCE

ri l rocronan A 1-1,11,1 eNnig


Agenda SheetSUBJECT: An Ordinance Amending Section 9 of Port

Ordinance 1149 Relating to Charges for Useof Storage Facilities by Non-Based Airlinesat North and South Airport




Airport Operations




FACTUAL BACKGROUND:

Storage rate tables for both passenger and cargo aircraft are contained in Port Ordinance 1149 and includeNorth and South airport operations. Currently, these rate tables do not distinguish between those airlines thatare based at Oakland and non-based airlines who use airport facilities from time to time and do not have spacerental agreements. However, throughout other sections of the ordinance, provision is made to access non-based airlines at a higher rate (approximately 18%) for airport services such as landing fees, baggage fees,security fees, terminal use fees and holdroom use fees.

A table of new storage rates has been developed for North and South airport passenger and cargo aircraft fornon-based airlines. These rates are 18% more than the rates charged for based airlines. As storage revenuesare shared with the airlines in the airline rates and charges' calculations, the additional revenues generated bythese increases will have the effect of reducing landing fees for our based airlines.

A new rate at 50% of standard storage rates has been developed for cargo aircraft disabled for more than three(3) days.

The Board of Port Commissioners hereby finds and determines that the establishment and imposition of theabove rates pursuant to Section 1 of this ordinance is exempt from the requirements of the CaliforniaEnvironmental Quality Act under California Public Resources Code Section 21080(b)(8) and Sections 15273 and15061(a)(3) of Title 14 of the California Code of Regulations. The basis for the exemption under Sections21080(b)(8) and 15273 is that the rates are established and imposed for the purpose of obtaining funds forcapital projects necessary to maintain service within existing service areas. In addition, in view of the minoramount of the rate increase under Section 15061(a)(3) it can be seen with certainty that there is no possibilitythat imposition of the rates referenced herein will have a significant affect on the environment.

RECOMMENDATION:

It is recommended that the Board adopt an ordinance reflecting the attached fee schedule and reduced fee fordisabled aircraft with an effective date of October 1, 1997, and that the ordinance contain the above describedfindings with respect to CEQA compliance.

BOARD ACTION REQUIRED: creitrng rrail S EP 1 6 1997

O MOTION BOARD ACTIO TAKEN DATE

O RESOLUTION

ORDINANCE

O INFORMATION ONLY ASM7Prirr SECRETARY OF THE BOARD

An Ordinances Amending Section 9 of PortOrdinance 1149 Relating to Charges for Useof Storage Facilities by Non-Based Airlinesat North and South AirportPaue 2

South Airport

Each Addi-First 8 tional 8 MaximumHours or Hours or Total

Monthly Fraction Fraction DailyRate Thereof Thereof Rate

AIRBUSA300-600 6,499 435 215 865A320-200 6,499 435 . 215 865

ANTONOVAN124 10,705 717 353 1423AN225 17,332 1161 572 2306

BOEING727-100 4,078 274 135 543727-200 4,078 274 135 543707-320 6,499 435 215 865747-100/200 10,705 717 353 1423747-400 10,705 717 353 1423757-200 4,078 274 135 543767-300 6,499 435 215 865777-200 10,705 717 353 1423

DE HAVILANDDHC-4/CARIBOU 1,274 85 42 170

FAIRCHILDF-27 1,274 85 42 170

ILYUSHIN11-76 6,499 435 215 865

LOCKHEEDL1011-500 6,499 435 215 865L382 4,078 274 135 543

DOUGLASDC8-61F 6,499 435 215 865DC8-62F 6,499 435 215 865DC8-63F 6,499 435 215 865DC8-70 SERIES 6,499 435 215 865DC9-15F 1,912 129 63 254DC9-33F 2,237 150 63 299

DC9-40F 2,237 150 63 299DC9-51F 2,549 171 84 339DC10-10 6,499 435 215 865DC10-30 6,499 435 215 865

MITSUBISHIYS-11 1,657 111 54 219

(2) In the event any aircraft for a cargo operation is not referenced above, the monthly rate shall be determined bymultiplying the aircraft working area (as determined by Airport Management) by the monthly rate of $0.127 per square foot or anyfraction thereof.

An Ordinance Amending Section 9 of PortOrdinance 1149 Relating to Charges for Useof Storage Facilities by Non-Based Airlinesat North and South AirportPate 2

North Airport

Each Addi-First 8 tional 8 MaximumHours or Hours or Total

Monthly Fraction Fraction DailyRate Thereof Thereof Rate

AIRBUSA300-600 4,754 319 157 632A320-200 4,754 319 157 632

ANTONOVAN124 7,830 525 258 1042AN225 12,678 850 419 1687

BOEING727-100 2,983 199 98 395727-200 2,983 199 98 395707-320 4,754 319 157 632747-100/200 7,830 525 258 1042747-400 7,830 525 258 1042757-200 2,983 199 98 395767-300 4,754 319 157 632777-200 7,830 525 258 1042

DE HAVILANDDHC-4/CARIBOU 932 63 31 124

FAIRCHILDF-27 932 63 31 124

ILYUSHINIL76 4,754 319 157 632

LOCKHEEDL1011-500 4,754 319 157 632L382 2,983 199 98 395

DOUGLASDC8-61F 4,754 319 157 632DC8-62F 4,754 319 157 632DC8-63F 4,754 319 157 632DC8-70 SERIES 4,754 319 157 632DC9-15F 1,398 93 46 185DC9-33F 1,585 106 52 210DC9-40F 1,585 106 52 210DC9-51F 1,864 125 61 248DC10-10 4,754 319 157 632DC10-30 4,754 319 157 632

MITSUBISHIYS-11 1,294 86 42 171

(2) In the event any aircraft for a cargo operation is not referenced above, the monthly rate shall be determined bymultiplying the aircraft working area (as determined by Airport Management) by the monthly rate of $0.093 per square foot or anyfraction thereof.


Agenda SheetSUBJECT: Approval of Specifications for

Furnishing Maintenance and Service forParking Lot Revenue Control Systemsfor the Period Commencing January 1, 1998and Ending December 31, 1998, 1999, or 2000,South Field, MOIA


Item No. 8S

PROGRAM AREA

• Airport OperationsSUBMITTED BY: Joseph K. Wong al4A, ․) q Commercial Real Estate

q Maritime OperationsEXECUTIVE OFFICE RECOMMENDATION" • Overall Operations

FACTUAL BACKGROUND:

The specifications for an annual contract for the following listed services are before the Board for approval:

"FURNISHING MAINTENANCE AND SERVICE FOR PARKING LOT REVENUE CONTROL SYSTEMS FOR THE PERIODCOMMENCING JANUARY 1, 1998, AND ENDING DECEMBER 31, 1998, 1999 OR 2000, SOUTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA"

The specifications for this contract include a provision allowing the Port to renew the contract in one-year increments throughDecember 31, 2000. Renewal of the contract shall only occur if agreed to in writing by both the Port and the Contractor. Shouldthe contract be renewed, all provisions of the contract shall apply, except that the unit price bid amounts will be increased inproportion to the Construction Cost Index of the Engineering News Record (U.S. City Average).

The cost of such maintenance and service work for the parking lot revenue control systems at South Field, M.O.I.A. is included inthe Operating Budget for Fiscal Year 1997-98. The funding source is Port cash.

RECOMMENDATION

It is recommended that the specifications be approved and authorization be granted to advertise for bids to be received onOctober 15, 1997.

AppRovaD wir rxr-scam=wao.


q MOTION BOARD/ACTION TAKEN DATEO RESOLUTIONq ORDINANCE

q INFORMATION ONLY A' SECRETARY OF THE BOARD

SEP 1 6 1957

lx1

SUBJECT: Approval to Negotiate Change Orderto Reroof Building MI01, Terminal 1,MOIA

SUBMITTED BY: Joseph K. Wong 614-4^)EXECUTIVE OFFICE RECOMMENDAT

Date. Septemher 16, 1997

Item No.' 9S


Board of Port Commission-.a - PORT OF OAKLANDAgenda Sheet

FACTUAL BACKGROUND:

The Port has a contract with South Bay Maintenance Company, Inc. (South Bay) to perform SEISMICIMPROVEMENTS TO BUILDING M101, TERMINAL 1, SOUTH FIELD, METROPOLITANOAKLAND INTERNATIONAL AIRPORT, OAKLAND CALIFORNIA. The work consists, in general,of furnishing and installing structural steel bracing; bolting of concrete roof slabs; relocation ofelectrical conduits and equipment; rerouting plumbing; and abating asbestos.

During the work, South Bay had to open portions of the roof in order to connect the steel bracingframes and bolt the concrete roof slabs. The contractor was responsible for repairing allconsequential damage to the roof and has done so. Due to the extent of the work that occurred onthe roof, the adequacy of the roofing membrane as it currently exists was questionable. At thecompletion of the contract work, the Port had the contractor perform a water test on the roof to checkfor leaks and the condition of the roof. All current leaks were repaired and the roof was made watertight. Unfortunately, as a result of the water test, the overall condition of the roof membrane hasbeen found to be suspect. There is a major concern that it will not adequately serve its purpose thiscoming winter nor last the next 5 to 7 years until the new Terminal is constructed as part of theAirport Development Program.

The Aviation Division has requested that the roof membrane be replaced immediately to betterensure water tightness this coming year and during the time frame until the building is replaced. Inorder to meet this requirement, it is necessary to accomplish the work by change order to the existingcontract or to one of the other major building or roofing contracts currently in progress at the airportthat are being done by Vitton Construction Co., Inc., C. Overaa & Co., or Pioneer RoofingOrganization.

South Bay has been requested to obtain a minimum of three quotes for the roofing work from localroofing contractors capable of installing the desired membrane system. If we are unsuccessful ataccomplishing the work through South Bay, we will request a minimum of three quotes from eachof the other contractors. It is estimated that the work will cost less than $200,000.

RECOMMENDATION:

It is recommended that the Chief Engineer be authorized to negotiate a change order with South BayMaintenance Company, Inc., Vitton Construction Co., Inc., C. Overaa & Co., or Pioneer RoofingOrganization to reroof Building M101.

BOARD ACTION REQUIRED: 72- 7 SEP 1 6 1997


SEP6 1997BOARD ACTION REQUIRED:

MOTION

X RESOLUTION

ORDINANCE




SUBJECT: Substitution of Drywall and Janitorial CleanupSubcontractors for "Remodeling Restrooms inBuildings M-103 and M-130, South Field, M.O.I.A."

SUBMITTED BY: Joseph K. Wong ONA-va

EXECUTIVE OFFICE RECOMMENDATION;

Date: Septemhpr 16, 1997

Item No 1 OS

PROGRAM AREA

X

Airport Operations



Overall Operations

FACTUAL BACKGROUND:

The Port presently has a contract with Fred Risard Construction (Risard) for REMODELINGRESTROOMS IN BUILDINGS, M-103 AND M-130, SOUTH FIELD, METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA. Risard has requested Board approval tosubstitute for the subcontractors listed for performing the drywall and janitorial cleanup work on thesubject contract. The Contractor has stated that its listed subcontractors, L & S Construction (L &S) and Rainbow Enterprises (Rainbow), respectively, are unwilling to enter into contracts to performthe work as bid. Under Section 4107 of the California Public Contract Code, this is considered avalid basis for substitution of subcontractor.

The Port has given written notice to L & S and Rainbow that Risard has requested the substitutionof their firm. The statutory time in which the subcontractors have to object has passed, and we havereceived no reply from L & S or Rainbow.

Risard has requested that Pace Drywall be listed as their new drywall subcontractor. The Port'sOffice of Equal Opportunity was notified of the above substitution and they have indicated that theyhave no objections since the Contractor did make a good-faith effort to find a subcontractor from thePort's MBE/WBE directory and was unable to find one.

Risard has also requested that Riley's Janitorial Service and-Supply be listed as their new janitorialcleanup subcontractor. The Port's Office of Equal Opportunity was notified of the above substitutionand they have indicated that they have no objections since Risard did obtain a minority-owned firmfrom the Port's MBE/WBE directory.

RECOMMENDATION:

It is recommended that L & S Construction be deleted as the listed subcontractor to perform thedrywall work and that Pace Drywall be added to the list as the subcontractor to perform this work.It is further recommended that Rainbow Enterprises be deleted as the listed subcontractor to performthe janitorial cleanup work and that Riley's Janitorial Service and Supply be added to the list as thesubcontractor to perform this work.

Board of Port Commissior._ - PORT OF OAKLANDAgenda Sheet

SUBJECT: Substitution of Landscape and Janitorial CleanupSubcontractors for "Alterations to Barnes andNoble Building, Jack London Square"

Date. Septpmher 19, 1997

Item No. 13S

PROGRAM AREA

SUBMITTED BY: Joseph K. Wong 6v-0. 3

EXECUTIVE OFFICE RECOMMENO4TION7

II Airport Operations

x

Commercial Real EstateII Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

The Port presently has a contract with Fred Risard Construction (Risard) for the ALTERATIONS TOBARNES AND NOBLE BUILDING, JACK LONDON SQUARE, OAKLAND, CALIFORNIA. Risardhas requested Board approval to substitute for the subcontractors listed for performing the landscapeand janitorial cleanup work on the subject contract. The Contractor has stated that its listedsubcontractors, C&C Landscape, Inc. (C&C) and Rainbow Enterprises (Rainbow), respectively, areunwilling to enter into contracts to perform the work as bid. Under Section 4107 of the CaliforniaPublic Contract Code, this is considered a valid basis for substitution of subcontractor.

The Port has given written notice to C&C and Rainbow that Risard has requested the substitutionof their firm. The statutory time in which the subcontractors have to object has passed, and we havereceived no reply from C&C or Rainbow.

Risard has requested that Consolidated Landscape be listed as their new landscape subcontractor.The Port's Office of Equal Opportunity was notified of the above substitution and they have indicatedthat they have no objection.

Risard has has also requested that Riley's Janitorial Service and Supply be listed as their new janitorialcleanup subcontractor. The Port's Office of Equal Opportunity was notified of the above substitutionand they have indicated that they have no objections since Risard did obtain a minority-owned firmfrom the Port's MBE/WBE directory.

RECOMMENDATION:

It is recommended that C&C Landscape, Inc. be deleted as the listed subcontractor to perform thelandscape work and that Consolidated Landscape be added to the list as the subcontractor toperform this work. It is further recommended that Rainbow Enterprises be deleted as the listedsubcontractor to perform the janitorial cleanup work and that Riley's Janitorial Service and Supplybe added to the list as the subcontractor to perform this work.


2°. C?-72-grSEP 1 6 1997

MOTION BOAR! TION TAKEN DATE

IX 1 RESOLUTION

ORDINANCE

Air SECRETARY OF THE BOARDINFORMATION ONLYI I

I

SUBJECT: Approval of Plans and Specifications forDemolition of Building D-413Harbor Transportation Center

Date: September 16, 1997 Item No. 22S PROGRAM AREA

SUBMITTED BY: Joseph K. Wong (i'd-4")






•

DATEEl MOTION

RESOLUTION

0 ORDINANCE

El INFORMATION ONLY

1.3


FACTUAL BACKGROUND:

Plans and Specifications have been prepared for DEMOLITION OF BUILDING D-413, HARBORTRANSPORTATION CENTER, OAKLAND, CALIFORNIA, and are hereby submitted for approval andauthorization to advertise for bids.

The work consists in general of demolition and removal of Building D-413, a 74,000 square footwarehouse. This work is necessary in order to provide a site for stockpiling and processing concreterubble generated by future demolition projects.

CEQA and NEPA requirements were completed, respectively, with Board certification of the FinalEIRIEIS on September 2, 1997, and the signing of the Record of Decision by the Navy on August 27,1997. A First Supplemental Memorandum of Agreement with the State Historic Preservation Officerwas fully executed on April 11, 1997, and with the Advisory Council on Historic Preservation on April30, 1997.


RECOMMENDATION

It is recommended that the plans and specifications be approved and authorization be granted toadvertise for bids to be received on October 22, 1997.


HARBOR TRANSPORTATION CENTER

AREA D

Approval of Plans ond Specificationsfor Demolition of Building D-413,Harbor Transportation Center

Sept. 16, 1997




TELEPHONE (510) 272-1100


COMMISSIONERS








CALENDARSpecial Meeting of the Board of Port Commissioners

Tuesday, September 2, 1997, 2:00 p.m.

ROLL CALL:



Special meeting of August 4, 1997.


See Item 40

INFORMAL SESSION:

ROMA - Status Report on Waterfront Study



Special MeetingSeptember 2, 1997


12 Items.



AIRPORTra.u_x%rv.L

1S

Approval of Lease Amendments with Existing TenantUnited States Postal Service (7201 Earhart Road,North Airport). (Resolution)

2S Approval of New License and Concession Agreementwith Ogden Aviation Terminal Services, Inc. (#1Airport Drive, South Airport). (Resolution)

3S Approval of New License and Concession Agreementwith Aero Nova, Inc. (#1 Airport Drive, SouthAirport). (Resolution)

4S First Reading of Ordinance Approving a Lease withan Existing Tenant United States Postal Service(Alan Shepard Way, South Airport). (Ordinance)

5S First Reading of Ordinance Approving a Lease withOakland Fuel Facilities Corporation, a Non-ProfitEntity, for Construction and Operation of a MotorGas (MOGAS") Fueling Facility (#1 Airport Drive,South Airport). (Ordinance)

6S Ratification for Submittal of Application toFederal Aviation Administration (FAA) andAcceptance of FAA Grant Offer for AIP-20.(Resolution)

7S Award of Contract for Demolition of Buildings L-727 and L-729, North Field, MOIA. (Resolution)

8S Award of Contract for Demolition of Buildings L-870, L-870A and L-874, North Field, MOIA.(Resolution)


11 Revision of Port Ordinance No. 2161 Establishingthe Rules and Regulations for the Port ofOakland's Marinas and for Fixing the Rates andCharges in Connection Therewith. (Ordinance)

12S

Execution of Fund Transfer Agreement - Enhancementof Ferry Terminal at Jack London Square.(Resolution)

2


MARITIME

21 Certification of the Final EIS/EIR for theDisposal and Reuse of the FISCO/Vision 2000Maritime Development, Findings ConcerningSignificant Effects of the Project, Adoption ofMitigation Measures of the Project, Adoption ofMonitoring and Reporting Program, Statement ofOverriding Considerations for the UnavoidableAdverse Air Quality Impacts, Authorization of theExecutive Director to Enter into a LocalCooperative Agreement with MTC to Accept ISTEAFunds for Phase I of the JIT. (Resolution)

22 Approval of Consulting Services for HydrographicSurveying to Support the Routine Soundings andMaintenance Dredging Programs, and for On-CallMiscellaneous Specialized Surveys, As Required.(Resolutions)

23 Approval to (1) Hire Ackland International, Inc.to Design Modifications to Crane Rail Pile SupportSystem at Berth 24, Outer Harbor and (2) Dispensewith Formal Bids for that Construction Work.(Resolution)

24S Award of Contract for Construction of 115/12KVSubstation and 12KV Distribution System - PhaseIII, Outer Harbor and Seventh Street Terminals.(Resolution)

25S Award of Contract for Demolition of MaintenanceShed at Galbraith Golf Course, Oakland,California. (Resolution)

OPERATIONS


32 Approval of Agreement with Geraghty & Miller, Inc.for Professional Expert Review of ContaminatedPort Properties. (Resolution)

33 Approval of Contract with Levine-Fricke-Recon forConsultant Services for Hazardous Material MappingProject. (Resolution)

34S Contract with ARC Limited to Update PortAdministrative Policies and Procedures.(Resolution)

CLOSED SESSION


3



JBN Lodging, LLC, demolition of existingstructures to allow site preparation for futurehotel development.

Vote on the following Resolutions:Ayes: Commissioners Harris, Loh, Taylor

and President Ortiz - 4Noes: NoneAbsent: Commissioners Cole, Kramer and Lockhart - 3

RESOLUTIONS:

97265 1 APPROVING AND AUTHORIZING EXECUTION OF CERTAINAMENDMENTS TO LEASE WITH THE UNITED STATES POSTALSERVICE. (Airport - 1S)

97266 2 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH OGDENAVIATION TERMINAL SERVICES, INC. (Airport - 2S)

97267 3 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION AGREEMENT WITH AERO NOVA,INC. (Airport - 3S)

97268 4 RATIFYING AND APPROVING SUBMITTAL OF APPLICATIONTO FEDERAL AVIATION ADMINISTRATION UNDER THEAIRPORT IMPROVEMENT PROGRAM AND ACCEPTING GRANTOFFER FOR AIRPORT IMPROVEMENT PROGRAM, PROJECT NO.20. (Airport - 6S)

97269 5 AWARDING CONTRACT TO CLAUSS CONSTRUCTION, FORDEMOLITION OF BUILDINGS L-727 AND L-729, NORTHFIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS. (Airport - 7S)

97270 6 AWARDING CONTRACT TO CLAUSS CONSTRUCTION, FORDEMOLITION OF BUILDINGS L-870, L-870A AND L-874,NORTH FIELD, METROPOLITAN OAKLAND INTERNATIONALAIRPORT, OAKLAND, CALIFORNIA, FIXING THE AMOUNT OFBONDS, REJECTING ALL OTHER BIDS AND DIRECTINGRETURN OF BID BONDS TO BIDDERS. (Airport - 8S)

97271 7 APPROVING AND AUTHORIZING EXECUTION OF FUNDTRANSFER AGREEMENT WITH THE STATE OF CALIFORNIAFOR ENHANCEMENT OF JACK LONDON SQUARE TERMINALS.(Commercial Real Estate - 12S)

4


97272 8 CERTIFYING REVIEW AND CONSIDERATION OF FINALENVIRONMENTAL IMPACT STATEMENT/FINAL ENVIRONMENTALIMPACT REPORT ON DISPOSAL AND REUSE OF FLEET ANDINDUSTRIAL SUPPLY CENTER, OAKLAND/VISION 2000MARITIME DEVELOPMENT, MAKING CERTAIN FINDINGS ANDDETERMINATIONS REGARDING SAID STATEMENT/REPORT ANDPROJECT, ADOPTING AND INCORPORATING INTO THEPROJECT CERTAIN MITIGATION MEASURES AND ADOPTING AMITIGATION REPORTING AND MONITORING PROGRAM FORSUCH MITIGATION MEASURES, ADOPTING A STATEMENT OFOVERRIDING CONSIDERATIONS FOR THE SIGNIFICANTIMPACTS REGARDING AIR QUALITY, TRAFFIC,CIRCULATION AND NOISE, APPROVING AND PREFERREDALTERNATIVE (REDUCED HARBOR FILL), AND APPROVINGAND AUTHORIZING AN AGREEMENT WITH THE METROPOLITANTRANSPORTATION COMMISSION FOR ISTEA GRANT FUNDINGFOR PHASE I OF THE PROPOSED JOINT INTERMODALTERMINAL. (Maritime - 21)

97273 9 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH G. B. STAR FOR HYDROGRAPHIC SURVEYINGCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Maritime - 22)

97274 10 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH PLS SURVEYS, INC. FOR HYDROGRAPHIC SURVEYINGCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Maritime - 22)

97275 11 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH ACKLAND INTERNATIONAL, INC., FOR ENGINEERINGDESIGN SERVICES CONSTITUTES PROFESSIONAL ORSPECIALIZED SERVICES; AUTHORIZING EXECUTION OFSAID AGREEMENT; FINDING AND DETERMINING THAT IT ISIN THE BEST INTEREST OF THE PORT TO CONTRACT FORSTRENGTHENING CRANE RAIL FILE SUPPORT SYSTEM ATBERTH 24, OUTER HARBOR WITHOUT COMPETITIVE BIDDINGAND AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTERINTO A CONTRACT FOR SUCH WORK BASED ON RECEIPT OFINFORMAL PROPOSALS. (Maritime - 23)

97276 12 AWARDING CONTRACT TO CLYDE G. STEAGALL, INC., DBAMID VALLEY ELECTRIC, FOR CONSTRUCTION OF 115/12KVSUBSTATION AND 12KV DISTRIBUTION SYSTEM - PHASEIII, OUTER HARBOR AND SEVENTH STREET TERMINALS,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN OFBID BONDS TO BIDDERS.(Maritime - 24S)

97277 13 AWARDING CONTRACT TO PACIFIC WESTERN AIRMOTIVE,INC., DBA COVEY TRUCKING COMPANY, FOR DEMOLITIONOF MAINTENANCE SHED AT GALBRAITH GOLF COURSE,OAKLAND, CALIFORNIA, FIXING THE AMOUNT OF BONDS,REJECTING ALL OTHER BIDS AND DIRECTING RETURN ofBID BONDS TO BIDDERS. (Maritime - 25S)

5


97278 14 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH GERAGHTY & MILLER, INC. CONSTITUTESPROFESSIONAL, TECHNICAL AND SPECIALIZED SERVICESTHAT ARE TEMPORARY IN NATURE, WAIVING COMPETITIVEBIDDING AND AUTHORIZING EXECUTION OF AGREEMENT.(Operations - 32)

97279 15 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH LEVINE-FRICKE-RECON CONSTITUTES PROFESSIONAL,TECHNICAL AND SPECIALIZED SERVICES THAT ARETEMPORARY IN NATURE, WAIVING COMPETITIVE BIDDINGAND AUTHORIZING EXECUTION OF AGREEMENT.(Operations - 33)

97280 16 FINDING AND DETERMINING THAT A PROPOSED AGREEMENTWITH ALANA ROSS COLEMAN DBA ARC LIMITED TO UPDATEPORT ADMINISTRATIVE POLICIES AND PROCEDURES MANUALCONSTITUTES PROFESSIONAL, TECHNICAL ANDSPECIALIZED SERVICES THAT ARE TEMPORARY IN NATURE,WAIVING COMPETITIVE BIDDING AND AUTHORIZINGEXECUTION OF AGREEMENT. (Operations - 34S)

97281 17 GRANTING JBN LODGING, LLC, PERMISSION TO PERFORMCERTAIN WORK. (Blanket Authority)

97282 18 APPROVING AND RATIFYING EXECUTION OF OAKLANDPORTSIDE ASSOCIATES SETTLEMENT AGREEMENT WITHMORIMOTO ARCHITECTS AND FROST/TSUJI ARCHITECTS.(Closed Session - 40)


97284 20 RATIFYING AND APPROVING EXECUTION OF SETTLEMENTAGREEMENT WITH AUGUSTUS COLLINS, ROBERT CAPURROAND TERRY TAYLOR. (Closed Session - 40)


97286 22 APPROVING AND AUTHORIZING EXECUTION OF ASETTLEMENT AGREEMENT WITH BRITZ, INC., ANDAMENDING PORT RESOLUTION NO. 97161.(Closed Session - 40)

97287 23 APPROVING AND AUTHORIZING EXECUTION OF A CERTAINLICENSE AND CONCESSION WITH THE UNITED STATESGOVERNMENT. (Closed Session - 40)

97288 24 DECLARING ELECTION OF OFFICERS TO BE EFFECTIVESEPTEMBER 3, 1997. (Resolution Only)

Vote on the following Ordinances:Ayes: Commissioners Harris, Loh, Taylor

and President Ortiz - 4Noes: NoneAbsent: Commissioners Cole, Kramer and Lockhart - 3ORDINANCES:

1 Port Ordinance No. 3376 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION ADMINISTRATION."

Final.

6


2 Port Ordinance No. 3377 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF LEASE WITHNATIONAL FURNITURE LIQUIDATORS, INC., AND GRANTINGRENT CONCESSION."

Final.

3 Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES POSTAL SERVICE ANDDIRECTING RECORDATION THEREOF."


4 Port Ordinance No. being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH OAKLAND FUEL FACILITIES CORPORATION."


5 Port Ordinance No. being, "AN ORDINANCEREVISING AND RESTARTING THE RULES AND REGULATIONSFOR THE PORT OF OAKLAND'S MARINAS AND FOR FIXINGTHE RATES AND CHARGES IN CONNECTION THEREWITH."


6 Port Ordinance No. being, "AN ORDINANCEADDING SECTION 1.3398 TO PORT ORDINANCE NO. 867FIXING THE COMPENSATION OF CERTAIN EMPLOYEES OFTHE PORT DEPARTMENT."

Operations - 32 (August 4, 1997) to print.

7 Port Ordinance No. being, "AN ORDINANCEADDING SECTION 1.3397 TO PORT ORDINANCE NO. 867FIXING THE COMPENSATION OF CERTAIN EMPLOYEES OFTHE PORT DEPARTMENT."


8 Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 1.03 OF PORT ORDINANCE NO. 867."


Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 1.30 OF PORT ORDINANCE NO. 867."


10 Port Ordinance No. being, "AN ORDINANCEAMENDING SECTION 1.32 OF PORT ORDINANCE NO. 867."


7


APPEARANCES:

ELECTION OF OFFICERS: President: Celso D. OrtizSecond Vice President: David KramerFirst Vice President: John LohSecretary of the Board: Chris MarshallAssistant Secretary: Sheri KrippeneAssistant Secretary: Pat Saito

ADJOURNMENT: Next regular meeting, Tuesday, September 16, 1997,at 3:00 D.M.

8

TSECRETARY OF THE BOARD


Agenda SheetSUBJECT: Revision of Port Ordinance No. 2161 Establishing the Rules and

Regulations for the Port of Oakland's Marinas and for Fixing theRates and Charges in Connection Therewith

SUBMITTED BY: yce Washington

EXECUTIVE OFFICE RECOMMENDATION?/


Item No 1 1

PROGRAM AREA

Airport Operations


Maritime Operations


FACTUAL BACKGROUND:

Port Ordinance No. 2161 contains rules and regulations for the Port Marinas, as well as the marina rates and charges. Itis proposed that Ordinance No. 2161 be amended to grant a 7% overall increase in marina rental rates, excludingSeabreeze, and that these new rates become effective as of October 1, 1997. It is further proposed that certainprovisions be revised and new provisions be incorporated in the ordinance in order to make it consistent with other nonPort Marina standard rules and regulations.

In August 1993, the marina rates were increased an average of 5%. Rates were not increased in subsequent yearsbecause the average vacancy rate in the marinas was about 25% and staff believed that a rental increase would nothave been productive. Since the current vacancy averages about 10% and the more desirable Port . Marinas are fullyoccupied, staff believes that the rate increase will make the Port Marinas more competitive in today's market.

Staff used a published survey of rates for both public and private marinas in San Francisco and the Bay Area to supportthe 7% increase. Coyote Point Marina, the public marina benchmark, has an average rate of $5.25. The new PortMarina rates will average $5.50 with utilities merged in with the rates. Private marinas average about $6.50 but can notbe used as a benchmark because they offer more amenities.

Attached is a schedule outlining the existing and proposed marina rates and map.

The following are other proposed revisions to Ordinance No. 2161:

Jack London Square and North Basin Marina guest and charter docks will be included in the definition of "Port MarinaAreas" in the Definitions Section.

Tenant occupancy stay will be increased to 14 consecutive nights from the existing 7 consecutive nights found in theVessels as Abodes provision. BCDC confirmed that this change is permitted.

A noise restriction for the hours from 10:00p.m. to 9:00a.m. will be added to Section 16 Hours of Operation.

A new provision, Pets in the Marinas, will be added to institutionalize the rules and restrictions governing berthershaving their pets in marinas and in other Port areas.

Grounds for eviction for failure to comply will be added to Sanitation' Discharge of Refuse, Sewage, or Waste Matter in the Port Area or Port Marinas. Staff believes that this new language clearly defines the Port's position and is necessaryto protect the Port from the potential of an environmental hazard occurring in the Estuary.

In Section 7, Mooring or Berthing, language will be added stating that vessels cited for trespassing shall be towed at theowners expense, including administrative costs incurred by the Port.


MOTION

q RESOLUTION

q ORDINANCE

q INFORMATION ONLY

Revision of Port Ordinance No. 2161 Establishing the Rulesand Regulations for the Port of Oakland's Marinas and forFixing the Rates and Charges in Connection Therewith

Page 2

Various proposed changes to Section 8:

• addition of language allowing same berth occupancy of dinghies, rafts, and small boats without additional charge• clarification of the method used to measure boat lengths• a monthly fee for dinghies, rafts and small boats stored outside of the berth shall be $1.00 per linear foot• a monthly fee for floats, row boats and small craft shall be between $15.00 and $18.00 per float• application fee of $100.00 will replace one-half of one month's rental fee• a $10.00 key/card deposit charge will replace the existing $5.00 charge• a new subsection (8), Credits, will allow the use of unoccupied berths by visitors, with prior permission from berther,

for overnight stays with berther receiving a credit in the amount of one-half of the rental collected from the visitor

A new subsection (6) in Section 9, will restrict the boarding and removal of goods from a vessel without prior writtenapproval from the Port. Lien costs shall be no less then $300.00 with all subsequent liens assessed at a higher ratewhich shall be determined by the Commercial Real Estate Director or a designee.

Language will be added to Section 12 requiring prior written approval from the Harbormaster for construction or structuralalterations to vessels and prior notification of party, parties, or contractor(s) hired.

In addition, Section 13 will restrict vehicle storage in parking lots without prior written approval from the Harbormaster.Without prior approval, inactive or stored vehicles are subject to impound and the owner shall be responsible forimpound charges and for all costs incurred by the Port.

Proposed y tu Section 17 include provisions for prior approval from the Commerciai Real Estate Director beforeany signs are posted on the vessel and for permitted size and wording.

Proposed Section 18 revisions:

• a new provision requiring an owner of a transient vessel to remove the vessel within 24 hours of notice from the Port• revised rates for day and overnight guests in specific marinas from $10.00 per day to $10.00 per night for boats

under 49 feet, $20.00 per night for boats up to 60 feet, $0.50 per linear foot per night for boats larger than 60 feetno charge for visitors who stay less than 4 hours in designated areas

• a new provision requirement that prepaid overnight visitors submit any request for credit for unused nights in writingto the Harbormaster. Credit must be used within six months from the original requested date.

Section 19 language will state that the Port shall have the right to revoke any berthing agreement if the "stray currentproblem" is not corrected in what is deemed a reasonable time by the Port.

RECOMMENDATION:

It is recommended that the Board amend Port Ordinance No. 2161 providing for the increase in rates and charges for thePort Marinas and granting the above listed modifications and revisions to the rules and regulations provisions.

Pacr 1 of 2 PORT OF 0 LANDMARINA BER RATES

RATES EFFECTIVE OCTOBER 1, 1997Central, North & Union Point Basins

Berth Water New Monthly MonthlyDimensions Rent Rent

20' x 17'22" x 11'24' x 11'25' x 11'25' x 12'25' x 13'25' x 13.5'28' x 11.5°28' x 12'28' x 12.5'28' x 13'28' x 13.5'29' x 12'29' x 14'30' X 12'30' x 13'30' x 13.5'30' x 14'30' x 14.5'30' x 15'32' x 12.5'32' x 13'32' x 13.5'32' x 14'32' x 15.5'34' x 12'34' x 12.5'34' x 13'34' x 13.5'34' x 14'34' x 14.5'34' x 15'34' x 15.5'34' x 16'36' x 13'36' x 14'36' x 15'36' x 15.5'36' x 16'36' x 17'38' x 12'38' x 15'38' x 15.5'38' x 16'40' x 15'40' x 16'40' x 16.5'40' x 17'42' x 14'42' x 14.5'42' x 15'42' x 16'42' x 16.5'45' x 16'45' x 16.5'45' x 17'45' x 17.5'47' x 16'47' x 17'47' x 17.5'47' x 21'52' x 16'52' x 17'52' x 18'52' x 20'

$135.00$108.00$119.00$123.00$127.00$131.00$134.00$144.00$146.00$148.00$150.00$152.00$150.00$160.00S159.00$166.00$167.00$169.00$172.00$174.00$172.00$174.00$177.00$179.00$187.00$182.00$186.00$188.00$190.00$194.00$196.00$199.00$202.00$204.00$199.00$204.00$210.00$212.00$215.00$221.00$225.00$228.00$229.00$231.00$236.00$242.00$246.00$248.00$245.00$248.00$252.00$258.00$262.00$280.00$284.00$286.00$290.00$291.00$298.00$302.00$325.00$324.00$332.00$340.00$354.00

$124.00$ 97.00$106.00$110.00$114.00$118.00$120.00$126.00$128.00$130.00$132.00$134.00$132.00$142.00$137.00$144.00$145.00$147.00$149.00$151.00$149.00S151.00$154.00$156.00$163.00$155.00$159.00$161.00$163.00$167.00$169.00$171.00$174.00$176.00$171.00$176.00$182.00$184.00$186.00S192.00$195.00$194.00$192.00$197.00$202.00$207.00$211.00$213.00$205.00$208.00$212.00$218.00$221.00$234.00$237.00$239.00$243.00$244.00$250.00$254.00$276.00$270.00$277.00$285.00$298.00

of 2

RATES EFFECTIVE OCTOBER 1,1997

ALL BELOW RATES PER LINEAR FOOT. ("p11")

NORTH BASIN I AND II, CENTRAL BASIN AND UNION POINT BASIN OVERHANG CHARGE

OLD:

$5.12 plf NEW: $5.94 plf

NORTH BASIN I AND II, CENTRAL BASIN AND UNION POINT BASIN SIDE-TIE CHARGE

OLD: 30' & UNDER

$4.85 plf

NEW: 30' & UNDER $5.34 plfOVER 30'

$5.12 plf

OVER 30' $6.00 plf

RAFTS, DINGHIES OR OTHER SMALL BOATS

OLD:

N/A NEW: $1.00 plf

FLOATS FOR ROW BOATS OR OTHER SMALL WATER CRAFT

OLD: N/A

NEW: $15.00 or $18.00 permonth

JACK LONDON MARINAS AS FOLLOWS:

OLD: NEW:EAST & WEST BASINS $4.46 plf $4.86 plf

OLD: NEW:CENTER BASIN NON-RECONSTRUCTED $4.46 plf $4.86 plf

OLD: NEW:CENTER RECONSTRUCTED $5.25 plf $6.00 plf

SEABREEZE MARINA :

OLD: $4.25 plf NEW: No Change

Oakland 12th St.Convention Station

Center ■ -ANN

=/

= Q.)I Post

Office

111111 –....

i Oakland/ Museum y

›. erritt -.Km /c)s. /

City■ Hall

1-980

/ 1 - Jack London Marina,West Basin

1 —2 Port of OaklandI 03 guest docks. FerryI 2:24 to San FranciscoIrl 3 - Jack London Marina

gas dock. Harbor Master.4 - Public boat ramp5 - Embarcadero Cove

Marina, North Basin.Guest docks andpump out station.

6 - Embarcadero CoveMarina, Central Basin

7 - Metropolitan Yacht Club8 - Union Point Basin

DATE

PAPPEOVIAD BaTi80.fiff4W SEP 2 199710, q1272- BOARD ACTION TAKEN



2 MOTION

E RESOLUTION

I ORDINANCE

INFORMATION ONLY


Agenda SheetSUBJECT: Certification of the Final EIS/EIR for the Disposal and Reuse of the Date: September 2, 1997

FISCONision 2000 Maritime Development, Findings Concerning Item No. 21 Significant Effects of the Project, Adoption of Mitigation Measures ofthe Project, Adoption of Monitoring and Reporting Program, PROGRAM AREAStatement of Overriding Considerations for the Unavoidable AdverseAir Quality Impacts, Authorization of the Executive Director to Enter ri Airport Operationsinto a Local Cooperative Agreement with MTC to Accept ISTEAfunds for Phase I of the JIT 0 Commercial Real Estate

Maritime Operations (CI )

n Overall OperationsSUBMITTED BY: Joseph K. Wong aer

EXECUTIVE OFFICE RECOMMENDATION: ego_-_,_

FACTUAL BACKGROUND:

Pursuant to the Defense Base Closure and Realignment Act of 1990, and implemented by the baseclosure process of 1995, the Fleet and Industrial Supply Center, Oakland (FISCO) is scheduled forclosure in September, 1998. To support the disposal of FISCO via special legislation (Public Law 104-106, Section 2867) to the Port of Oakland, a joint Environmental Impact Statement/Environmental ImpactReport (EIS/EIR) was prepared in accordance with the National Environmental Policy Act (NEPA) andthe California Environmental Quality Act (CEQA). A copy of the Final EIS/EIR has been provided to eachmember of the Board under separate cover. This EIS/EIR analyzes the potential environmentalconsequences from the proposed Navy disposal and 'Port of Oakland reuse of FISCO. The NEPAFederal actions evaluated in this EIS/EIR are the disposal of 136 acres of non-reversionary Navyproperty and Federal Highway Administration funding approval for the first phase of the Port's JointIntermodal Terminal (JIT) through the Intermodal Surface and Transportation Efficiency Act (ISTEA) of1991. Approximately 392 acres of the 528-acre FISCO site will revert to the Port's ownership when theNavy has no further use of the site. The local CEQA project evaluated is the proposed reuse of the 528-acre FISCO site, as well as some 290 acres of additional non-Navy property outside the FISCOboundary, in accordance with the Port's Vision 2000 Program.

Tne Port's reuse plan, or the Vision 2000 Program, proposes developing ship, rail and truck cargohandling facilities to meet the anticipated demand for transportation services in the San Francisco BayArea and Northern California and to serve markets in the Midwest and beyond. The program alsoincludes developing public waterfront access and a marine habitat enhancement area in the OaklandMiddle Harbor. The Vision 2000 Program is consistent with the FISCO site's Port Priority Usedesignation in the Bay Conservation and Development Commission (BCDC) and MetropolitanTransportation Commission (MTC) 1996 Seaport Plan, and will allow expansion of Port marine and rail

-facilities to meet competitive demands in the West Coast market.

The EIS/EIR evaluates four reuse alternatives: Alternative A-Maximum Marine Terminal/Maximum RailTerminal, Alternative B-Minimum Marine Terminal/Minimum Rail Terminal, Alternative C-MaximumMarine Terminal/Minimum Rail Terminal, and Alternative D-Reduced Harbor Fill (the PreferredAlternative). Also evaluated is the No Action alternative, which is the closure of FISCO with the non-reversionary property remaining in Federal ownership. The EIS/EIR analyzes potential environmentalimpacts relating to land use, public services, socioeconomics, cultural resources, visual resources,biological resources, water resources, geology and soils, traffic and circulation, air quality, noise, utilities,and hazardous materials and waste. The Board is requested to approve the Reduced Harbor Fill

Certification of the Final EIS/EIR for the Disposal and Reuseof the FISCONision 2000 Maritime Development,Findings Concerning Significant Effects of the Project,Adoption of Mitigation Measures of the Project,Adoption of Monitoring and Reporting Program,Statement of Overriding Considerations for the Unavoidable Adverse Air Quality Impacts,Authorization of the Executive Director to Enter into a Local Cooperative Agreement with MTCto Accept ISTEA Funds for Phase I of the JIT

Page 2September 2, 1997

alternative as part of this Board Agenda Sheet. The Reduced Harbor Fill Alternative will provide a Vision2000 Program consisting of the phased development of (1) approximately 320 acres for a JIT serving theUnion Pacific, Southern Pacific, and Burlington Northern-Santa Fe Railroads; (2) approximately 275acres of marine terminal space including five new berths along the Oakland Inner Harbor and therelocation of the Harbor Transportation Center and Middle Harbor Road; and (3) approximately 31 acresof public waterfront access and 196 acres of marine habitat enhancement in the Oakland Middle Harbor.The JIT will provide ship, rail, and truck cargo handling facilities for the transfer of container shipments

between these transportation modes.

ENVIRONMENTAL EVALUATION:

As detailed in the EIS/EIR and this Agenda Sheet the following environmental consequences will resultfrom the implementation of the Reduced Harbor Fill Alternative of the Vision 2000 program:

1. A significant and mitigable to less than significance impact to land use from the removal of existingMiddle Harbor Park.

2. A significant and mitigable to less than significance impact to public services from the removal ofSpectrum Medical Care Clinic, located on Seventh Street.

3. A significant and mitigable to less than significance impact to cultural resources from thedemolition of historic buildings and structures in the Naval Supply Center, Oakland HistoricDistrict and the demolition of the north training wall on Port property.

4. A significant and mitigable to less than significance impact to visual resources from the loss ofviewing opportunities to the Estuary at Middle Harbor Park.

5. A potentially significant and mitigable to less than significance impact to biological resources fromthe loss of least tern foraging habitat and the sedimentation of eelgrass beds.

6. A potentially significant and mitigable to less than significance impact to water resources frompollutants in runoff to the Bay, from dredging contaminated material, and from reducing the depthof submerged areas of the Oakland Middle Harbor.

7. A potentially significant and mitigable to less than significance impact to geology and soils frompublic exposure to earthquakes; from damage to structures and utilities from ground shaking;from damage to slopes, foundations, structures and utilities from liquefaction; from settlement andfrom differential settlement.

8. A potentially significant and mitigable to less than significance impact to hazardous materials andwaste from exposure to polychlorinated biphenyl hazardous waste; hazardous waste storagetanks; oil/water separators and hazardous waste impoundments; and hazardous wasteassociated with historic land use activities on non-Navy properties. A potentially significant andmitigable impact from surface and subsurface contamination could result from constructionactivities. For FISCO property, remediation of contaminated areas will continue to be aresponsibility of the Navy.

9. A significant impact from the Project alone to air quality from automobile, truck, rail and ship-related ozone precursor emissions (ROG, NO N, PM10, SON) which may not be mitigable to lessthan significance and a significant but mitigable to less than significance impact to air quality fromair emissions associated with demolition and construction activities.

10. Significant cumulative and mitigable to less than significance impacts to cultural resources, waterresources , utilities and hazardous materials.

Certification of the Final EIS/EIR for the Disposal and Reuseof the F1SCONision 2000 Maritime Development,Findings Concerning Significant Effects of the Project,Adoption of Mitigation Measures of the Project,Adoption of Monitoring and Reporting Program,Statement of Overriding Considerations for the Unavoidable Adverse Air Quality Impacts,Authorization of the Executive Director to Enter into a Local Cooperative Agreement with MTCto Accept 1STEA Funds for Phase I of the JIT


11. Significant cumulative impacts to traffic and circulation, air quality and noise which may not bemitigable to less than significance.

Attachment A to the Board letter lists the mitigation measures for each impact and the Mitigation MonitoringProgram contained in Appendix M to the Final EIS/EIR. Additional mitigation measures for the significant effectsof the Project on air quality and traffic and circulation, which are recommended to be added to the MitigationMonitoring Program, are set forth below in this Agenda Sheet.

PUBLIC COMMENT:

The Port and the Navy published a Notice of Preparation and a Notice of Intent in the Federal Register.The two agencies held a joint scoping meeting on June 13, 1996, which was announced in three localnewspapers. Scoping letters were sent to approximately 690 interested parties. During the scopingperiod, the Port/Navy received 19 letters and 7 comments at the scoping meeting. All concerns wereaddressed in the Draft EIS/EIR. In addition, the Port held five public meetings in the West Oaklandcommunity to solicit feedback and views on the Vision 2000 program and public access objectives.

The Draft EIS/EIR was circulated for a 45-day public review period on March 7, 1997, and a Notice ofAvailability was published in the Federal Register and in three local newspapers. Notices and/or the DraftEIS/EIR were mailed to 690 interested parties. A public hearing was held on April 8, 1997, to receiveverbal and written comments on the document. During this review period, 21 letters were received frominterested agencies, organizations and individuals; and nine submitted comments at the public hearing. Acopy of the April 8 hearing transcript is contained in the Final EIS/EIR, Volume II. Letters and Port/Navyresponses to oral and written comments are contained in Volume I. All issues raised by the publicthrough the 45-day public review period are addressed in the Final EIS/EIR. No new or additionalenvironmental impacts were raised during the public comment period. Where appropriate, changes weremade in the Final EIS/EIR text.

FINDINGS UNDER PUBLIC RESOURCES CODE SECTION 21081:

CEQA requires in Public Resources Code Section 21081 that no public agency shall approve or carry outa project for which an environmental impact report has been certified which identifies one or moresignificant effects on the environment that would occur if the project is carried out unless the publicagency makes one or more of three findings which are discussed below:

-e--) Changes or alterations have been required in, or incorporated into the project which mitigate or avoidthe significant effects on the environment.

Changes, alterations, or other mitigation measures have been incorporated into the project that mitigateor avoid all but one project-related impact (air quality) and three cumulative-related impacts (air quality,traffic and circulation and train noise), to levels that are insignificant. The potentially significant effect ofeach impact, together with the measures to mitigate or avoid the significant effects are indicated inAttachment A and in this Agenda Sheet.

b) Those changes or alterations that are within the responsibility and jurisdiction of another public agencyhave been, or can and should be, adopted by that other agency.

All mitigation measures contained in the Final EIS/EIR that reduce significant impacts that result fromimplementation of the Reduced Harbor Fill Alternative of the Vision 2000 Program are within theresponsibility and jurisdiction of the Port except for some of the mitigation measures for impacts to airquality, which are within the responsibility and jurisdiction of the California Air Resources Board ("GARB"),the Bay Area Air Quality Management District ("BAAQMD") and the U.S. EPA as discussed below in thisAgenda Sheet.



c) Specific economic, legal, social, technological, or other considerations, including considerations for theprovision for employment opportunities for highly trained workers, make infeasible the mitigationmeasures or alternatives identified in the environmental impact report.

All the potentially significant adverse impacts listed above can feasibly be mitigated to levels that are lessthan significant through implementation of mitigation measures included in the Mitigation and MonitoringProgram (Attachment A), with the exception of the significant and unmitigable impact to air quality.associated with automobile, truck, rail and ship-related air pollutant emissions and the significant andunmitigabie cumulative impacts to traffic and circulation, noise and air quality. The air quality impacts arepossibly mitigable to less than significance by actions of other agencies.

Automobile, truck, rail and ship traffic-related ozone precursor emissions (i.e., reactive organiccompounds), nitrogen oxides (N0 x), PM io precursor emissions (sulfur oxide [SOX]), and direct PM10emissions resulting from all of the reuse alternatives create significant air quality impacts. In addition,however, as a result of cumulative growth in the Bay Area, ozone precursors, PM10 precursors and directPM10 are also projected to be significant by the year 2010 without implementing the Vision 2000 prograrn.No feasible mitigation measures that are within the jurisdiction and authority of the Port and that wouldreduce this impact to less than significance have been identified.

During the Draft EIS/EIR public review period, the Port received comments from U.S. EPA, Golden GateUniversity Environmental Law and Justice Clinic, West Oakland Neighbors, Oak Knoll Neighbors, andseveral West Oakland residents. Many of these comment letters suggested air quality mitigationmeasures that had been investigated in preparing the Draft EIS/EIR and that were further discussed inthe Final EIS/EIR (responses to comments). These mitigation measures include:

1) Redesign project to reduce emissions2) Limit number of trucks3) Use nondiesel alternatives4) Enforce local truck emission standards5) Develop system of fines for trucks not complying with emissions standards6) Compulsory training for truck drivers on dangers of emissions7) Vehicle inspection programs8) Trees and park buffers as air pollution mitigation9) Ban trucks from local residential streets

10) Install air monitors

With the exception of #10 (Install air monitors), these mitigation measures are outside the control of thePort, are infeasible, and/or do not provide any reduction in the impact on air quality that could result fromthe Vision 2000 program. For example, mitigation measures 2, 3, 4, 5, 7, and 9 are measures outside thePort's control and jurisdiction. Most of these measures require state, federal or City of Oakland (9)implementation. Mitigation measures 2, 3, 6 and 8 are infeasible to implement by the Port and, moreimportant, would not materially reduce air emissions from the project. Measure 1 is not feasible since theproject is presently designed for maximum operation efficiency and truck circulation purposes. A redesignwould not support the project purpose and would not clearly lessen air emissions. The Port installed twoPM 10 and PM 2.5 air monitors in West Oakland in April, 1997. Air monitors do not, by themselves, lessenair emissions, but can assist in determining if an air quality problem exists and to what degree air qualityhas deteriorated. The results of monitoring data to date indicate that there have been no violations ofeither the federal or state PM1 0 standards or the proposed federal PM 2.5 standards at the Port monitoringstations. These ten mitigation measures are examined in more detail in response to EPA lettercomment D-11, Response to Comments, Volume I of the FEIS/EIR. Port staff recommends that theBoard find that the above listed mitigation measures are not feasible for the reasons stated in theresponse in the FEIS/EIR to comment D-11 and the reasons stated above.

Certification of the Final EIS/EIR for the Disposal and Reuse ,of the FISCONision 2000 Maritime Development,Findings Concerning Significant Effects of the Project,Adoption of Mitigation Measures of the Project,Adoption of Monitoring and Reporting Program,Statement of Overriding Considerations for the Unavoidable Adverse Air Quality Impacts,Authorization of the Executive. Director to Enter into a Local Cooperative Agreement with MTCto Accept ISTEA Funds for Phase I of the JIT


AIR QUALITY MITIGATION

During preparation of the Final EIR/EIS, the Port was aware that the project would result in significant airquality impacts, and that no mitigation measures subject to the Port's jurisdiction could reduce those impactsto a level of insignificance. From the air emission analysis contained in Appendix N, Volume II of theFEIS/EIR, it is clear that nearly all of projected air quality impacts would occur , from the addition of 5 newberths in the new terminal area. Without construction of new terminals, the Port will reach terminal capacity inabout 2003. Absent the provision of increased terminal capacity at the Port of Oakland, further throughput ofcargo generated by local population growth and economic activity in the Bay Area would occur at other BayArea ports, or more likely, by transshipment through the Ports of Los Angeles and Long Beach.Transshipment of cargo through South Coast Ports would increase truck trip lengths of deliveries through theBay Area market (for local cargo) and would increase air quality emissions compared to those shorter triplengths that would be generated by an increase in Port of Oakland terminal capacity.

The Port did not receive comments from the BAAQMD during the 45 day review period. The Port solicited aletter from BAAQMD after the close of public review and the BAAQMD opted to meet and confer with the Portin lieu of a letter. Thus, the Port scheduled two different meetings with the District (one meeting included theNavy and U.S. EPA) , after close of the formal comment period, to solicit their guidance and advice as tomitigation measures that should be evaluated further. In addition, the Golden Gate University EnvironmentalLaw and Justice Clinic ("Golden Gate Clinic") subsequent to the close of the comment period has suggestedadditional mitigation measures to reduce air quality impacts. The Port has evaluated all of the District's andGolden Gate Clinic's suggestions, and Port staff now recommends that the Port commit to continuing toexplore air quality mitigation measures as the Port pursues project-specific environmental documents. Ifadopted mitigation measures are too burdensome financially or pose operational constraints that are tooonerous, shippers may decide to transfer operations to other West Coast ports. This could result insignificant loss of business for the Port and jeopardize the financial feasibility of the project. It might alsoactually increase environmental impacts, since containers destined for the Bay Area will need to be trans-shipped here by truck, thus creating significant air pollution and traffic impacts.

There are four different categories of mitigation measures that could potentially reduce the impacts of. Seaportexpansion. The first category are those measures that Port staff recommends that the Board find to beinfeasible at this time. BAAQMD and EPA concur with the Port that these measures are not feasible. Thosemeasures include:

1) Introduction of Cold Ironing at the proposed new terminals:"Cold ironing", which involves shutting down the vessel power plant to use land-based power, has beendetermined to be infeasible. This mitigation measure was investigated in previous Port Harbor terminalexpansion EIR's and rejected due to the U.S. Coast Guard stating that this mitigation measure is notacceptable . The practice of cold ironing forces vessels to shut down their engines while in Port. The vesselrequires two hours or more to restart the engine and return to full power. The U.S. Coast Guard maintainsthat this practice would not allow the Captain of the Port to comply with Federal law in the event of anemergency which would necessitate the rapid evacuation of the Port. Port tenants are on record opposingthe cold-ironing proposal. Tenant opposition is based on the fact that the air quality benefits of cold-ironingmay be negative, the costs of experimentation may be exorbitant, and that cold-ironing may result in anunsafe situation in a Port. as stated by the U.S. Coast Guard. In 1986, the South Coast Air QualityManagement District (SCAQMD) began consideration of a rule which would have required cold-ironing inSouthern California Ports. Much public input was received on the proposed rule, and in October, 1990, theSCAQMD decided not to adopt the cold-ironing rule, but instead to concentrate on the issue of low sulfur fuelsin vessels.

2) Emission-based berthing fees:The Port consulted with the EPA and the SCAQMD with respect to the feasibility of this measure. In the early1990's the CAKI3 considered this as a proposed rule which would require Ports to regulate emissions from



vessels used by its tenants while in transit to/from or while berthed in harbor. After much public input anddebate, the CARB decided not to adopt this rule due to fierce opposition by the shipping lines and anti-competitive pressures it would place on smaller, less profitable Ports and due to Interstate Commercerestrictions on regulation of foreign flag vessels. Another major factor was the concern that shippers' vesselswould relocate to Pacific Northwest Ports if California adopted this rule.

3) Provide on-site compressed Natural Gas Fueling facility for Port and tenant facilities or provide for otheralternative power source:This measure was discussed in the Final EiS/EIR in response to EPA comment D-11. No such facility existsthat converts diesel-powered equipment to electric or compressed natural gas , or other alternative fuels. Thenecessary torque for container handling equipment cannot be provided by natural gas or electric poweredequipment. The only equipment that can utilize electric based power in ports today are forklifts that areprimarily used in the distribution warehouses. Warehouses are not a component of the project; the projectconsists of open terminal areas for maximum operation efficiencies. Port and tenant vehicles may beconverted to natural gas, but they represent such a small portion of the project emissions that this measurewould have negligible air quality benefits compared to the costs related to research and implementation.

4) Development of a Program to require ship vessels to lower speeds as they approach the berths: Thismeasure was under consideration by SCAQMD but was rejected for Interstate Commerce restrictions citedabove under 2.

The second category of air quality impact mitigation measures are those measures that the Port staff believesare feasible at this, the programmatic stage and that Port staff recommends the Board adopt as a part of theMitigation and Monitoring Program. Those measures include:

1) Development of a trip reduction program for maritime employees/tenants2) Institute parking fees at new marine terminals3) Institute employee parking cash out policy at marine terminals4) Restrict the supply of parking of tenant employees5) Provide transit subsidies to tenant employees

The above measures can be adopted conceptually at this time but will need to be defined specifically insubsequent project-specific EIRs for the Vision 2000 program when the measures can be tailored to thespecific project elements. These measures will have only marginal benefits on air quality and will not reduceemissions enough to eliminate the significant air quality impacts of the project.

The third category of air quality impact mitigation measures are those measures that the Port cannot yet findto be feasible. Feasibility depends on specific design, market, economic, operational, contractual and otherissues which cannot be resolved at a programmatic conceptual level, and the results of on-goinginvestigations by other agencies. These measures include the following:

1) Purchasing emissions offsets: Currently, emissions offsets cost would be expected to be in the range of$10,000 to $20,000 per ton, although this range is subject to significant variation. Given the extremelycompetitive maritime port business, and the lack of detailed economic information at this programmatic state,the feasibility of purchasing emissions offsets cannot be determined at this time but will need to bedetermined when the details of specific project elements are available.

2) Establishing a program for reducing tug speeds/emissions while in harbor: The SCAQMD has decided toinvestigate further the feasibly of a program to require tug boats to reduce speeds/emissions while in theharbor. The Port will follow SCAQMD's program and determine the feasibility of this measure beforesubsequent specific project elements are approved.



Port staff recommends that the Board find that the Board cannot find the measures in the third category to befeasible at this time and that the Port will evaluate these measures further before approval or Construction ofspecific elements of the project.

The fourth category of mitigation measures are those measures over which the Port has no authority andwhich are subject to the contra of other agencies. EPA and the CARB have authority to establish emissioncontrols for motor vehicles and power plants. The BAAQMD has authority and responsibility to prepare aState Implementation Plan (SIP) that accounts for emission increases associated with general economicgrowth, and prepare cost-effective strategies for emission reduction. Both EPA and the CARB haveevaluated additional emission controls for both trucks and ships. It is apparent that such controls couldreduce the overall emissions from Port activity to below the levels associated with the no project alternative.For example, the EIS/EIR reports that the project would increase emissions of reactive organic gasses

- (ROG) from trucks by 38 tons/year by the year 2010. Increased regulatory controls of emissions from trucksthat achieved a 12% decrease in ROG emissions from all port-related trucking activities would directly offsetthe increase associated with growth in truck traffic. The Port will monitor regulatory actions by these agenciesand determine for each subsequent project specific stage the affect of any new regulations they adopt on airquality impacts of the project and how these regulations influence the nature and extent of the Port's specificmitigation measures.

MITIGATION OF OTHER SIGNIFICANT IMPACTS

The FEIS/EIR includes a discussion of significant and unmitigable cumulative impacts involving trafficimpacts to the region's freeway system, traffic-related air quality impacts and rail-related noise impactsfrom the combination of other non-project but closely related past, present, and reasonably foreseeablefuture projects in the East Bay (vicinity of the Project). Mitigation of air quality impacts, includingcumulative impacts, is covered by the discussion above. The second category of mitigation measuresthat are feasible to adopt now to mitigate air quality impacts will also mitigate cumulative traffic andcirculation impacts, but only to a minor extent and not to a level of insignificance. The Port investigatedpotential mitigation measures for traffic and circulation, and train noise as set forth on pages 6-13, 6-14and 6-15 of the Draft and Final EIS/EIR but except for the measures discussed above that mitigate bothair quality and traffic and circulation impacts, Port staff recommends that the Board find that none ofsuch potential mitigation measures is feasible for the specific economic, legal, social, technological andother reasons as set forth more fully on pages 6-13 through 6-15 of the Final EIS/EIR.

Since the Vision 2000 Program Final EIS/EIR is a programmatic document, further environmental reviewIS- required before any of the specific elements (marine terminal development, JIT, dredging and filling,public access development, etc.) can be constructed. These tiered documents will continue to explorethe feasibility of the above mitigation measures and any other identified mitigation measures forimplementation.

STATEMENT OF OVERRIDING CONSIDERATION:

Section 15093 of the State CEQA Guidelines provides that where the decision of a public agency allowsthe occurrence of significant effects which are identified in the Final EIR, but are not at least substantiallymitigated, the agency shall state in writing the specific reasons to support its action based . on the FinalEIR and/or other information in the record. This statement is referred to as a "statement of overridingconsiderations." •

Although the Port is unable at this time to find that the project-related air quality significant impact andsignificant cumulative noise, air quality and traffic impacts identified above can feasibly be reduced tolevels of insignificance, the project will generate economic and transportation benefits of regionalsignificance that will override these impacts. The project will allow the Port to remain a competitive WestCoast point of entry for cargo movement to the Bay Area, Northern Calitornia and the Midwest and



beyond. Since the Port of Oakland is the major container port for the S.F. Bay Area, expanded marineterminal facilities will enable Oakland and the region to accommodate the forecasted demand for cargomovements through the year 2010 as indicated in the BCDC/MTC Seaport Plan. The Final EIS/EIR (p.5-126) reports a broad array of economic benefits, including the creation of 10,000 additional new jobsabove the no project alternative by 2010, an additional $257 million in direct wages and salaries and, ingeneral, employment and personal income increases of 59% compared to the No Project case. Workerspending of this payroll would create additional economic benefits throughout the Bay Area economy. Itis recommended that the Board find that the benefits of the project outweigh the significant effects of theproject for the following specific reasons, i.e., the project will:

1) Make productive utilization of un-utilized or underutilized lands;

2) Expand the area immediately behind the maritime waterfront available for maritime cargo-relateduses;

3) Enable better and more appropriate use of scarce Bay Area resources -- water frontage on amaintained, deepwater shipping channel;

4) Provide for new, expanded and improved intermodal maritime cargo transfer and rail facilities;

5) Provide the facilities needed by the Port to remain competitive with other West Coast ports and toaccommodate the forecasted demand for cargo movements throughout the year 2010 as indicatedin the BCDC/MTC Seaport Plan;

6) Improve the operating efficiency of the existing, crowded intermodal rail yard and improve its abilityto provide quick, satisfactory service to maritime cargo customers;

7) Develop modem intermodal rail facilities that would be available to the Navy in the event of anational emergency;

8) Help offset the adverse socioeconomic effects of recent military base closures by using FISCOlands to provide local and regional economic revitalization jobs, revenue generation, needed railyard expansion;

Create job opportunities where those formerly existing on FISCO will be lost because of Basedownsizing;

10) Result in creation of an estimated 10,000 additional new jobs above conditions in 2010 without theProject;

11) Result in total direct annual wages and salaries of approximately $690,000,000, or an estimated$257,000,000 more than without the Project. Worker spending of this payroll will create additionaleconomic benefits throughout the Bay Area economy;

12) Result in total employment and personal income 59% higher compared to the No-ProjectAlternative;

13) Remove and dispose of hazardous building materials, e.g. asbestos siding, lead painted wood; and

14) Demolish and remove structures which are fire and seismic safety hazardous without economicallyimpractical amounts of retrofitting;

15) Add 31 acres of park, open space and continuous public access around Middle Harbor;



16) Develop new wildlife habitat enhancement of approximately 196 acres in the Middle Harbor area.

Based on the foregoing, the Vision 2000 Program's contribution to the Bay Area economy, competitively-priced transportation of cargo, employment and public park, public access and habitat enhancementsignificantly outweighs the air quality, traffic and circulation and train noise impacts that cannot bemitigated. As mentioned above, further evaluation to select additional feasible mitigation measures toreduce significant impacts will be explored in future environmental documents prior to approval orconstruction of elements of the program.

The capital budget in addition to ISTEA grants have provided funds for the development of the Vision2000 Program under CIP Item Number M6.00543.01.

RECOMMENDATION:

It is recommended that the Board adopt a resolution containing:

1. With respect to the Vision 2000 Program EIS/EIR:

(a) Certify that it has reviewed and considered the information contained in the Final EIS/EIRfor the Disposal and Reuse of FISCO and the Vision 2000 Program, and that it has beenprepared in compliance with CEQA, the State CEQA Guidelines and the Port CEQAGuidelines.

(b) Approve the Reduced Harbor Fill Alternative of the Vision 2000 Program, subject tothe adopted mitigation measures.

(c) Find that the mitigation measures as listed in Attachment A will avoid or substantiallylessen the significant environmental effects identified in the Final EIS/EIR except forproject-related air quality impacts, and cumulative traffic, noise and air quality impacts.

(d) Adopt the Mitigation and Monitoring Program as listed in Attachment A as said program isrevised by addition of the mitigation measures for air quality and traffic and circulationcontained in this Agenda Sheet. The Port will be the responsible agency to implement thisprogram.

(e) Make the findings described above regarding the feasibility of mitigation measures for airquality, traffic and circulation and train noise significant impacts.

(f) Adopt a statement of overriding considerations that the benefits of the proposed projectoutweigh the unavoidable project listed above and cumulative impacts.

(g) Find that the Final EIS/EIR reflects the independent judgment of the Board.

2. Authorize the Executive Director to enter into a Local Cooperative Agreement with MTC to accept $7million in ISTEA funds for implementation. of Phase I of the JIT, an element of the Vision 2000Program.

ATTACHMENT A

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Appendix MMitigation Monitoring Program

M.1. INTRODUCTION

Assembly Bill 3180 became law in California on January 1, 1989. This bill requiresall public agencies to adopt monitoring or reporting programs when they approveprojects subject to environmental impact reports or negative declarations thatidentify significant impacts. The reporting or monitoring program must beadopted when a public agency makes its findings under the CaliforniaEnvironmental .Quality Act (CEQA) so that the program can be made a conditionof project approval in order to mitigate significant effects on the environment. Theprogram must be designed to ensure compliance during project implementation tomitigate or avoid significant environmental effects.

M.1.1. PurposeThis Mitigation Monitoring Program is designed to serve as a tool for theevaluation of project compliance with mitigation measures identified in the jointenvironmental impact statement/environmental impact report (EIS/EIR) for thePort of Oakland reuse of FISCO pursuant co its Vision 2000 Program. As requiredby CEQA Guidelines for the preparation of EfiRs, the Port of Oakland will usethe Mitigation Monitoring Program to verify inclusion of required project designfeatures and ongoing mitigation measures. The document is not applicable to anEIS, which is the NEPA portion of the environment documentation. TheMitigation Monitoring Program Checklist serves as a summary so that appropriateagencies and the public can easily determine responsibility for implementingmeasures and the responsible party for verification.

M.1.2. ContentThe Mitigation Monitoring Program lists all of the mitigation measuresrecommended in the Final EIS/EIR for each of the alternatives. The designationsfor each of the mitigation measures in the checklist are consistent with the FinalEIS/EIR. Upon the selection of the alternative to be developed, the MitigationMonitoring Program will be implemented as part of the project.

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M-1 FISCO/Vision 2000 Disposal and Reuse Final EIS/E1R

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• Appendix M: Mitigation Monitorir :ogram

M.2. MITIGATION MONITORING PROGRAM CHECKLIST

The Mitigation Monitoring Program Checklist is proposed for monitoring theimplementation of the mitigation measures contained in the EIS/EIR. The Portshould implement the monitoring program as follows:

• - The Port Environmental Department Manager or his designee shall beresponsible for coordination of the monitoring program including themonitoring checklist (Attachment 1).

• Each responsible individual or agency shall be accountable fordetermining whether the mitigation measures contained within thechecklist have been complied with. Once all mitigation measures havebeen complied with, the responsible individual or agency shall submit aVerification Report Form (Attachment 2), or similar form, and acompleted checklist to the Port Environmental Department Manager.

• if a responsible individual or agency determines that a noncompliance hasoccurred, a written notice should be delivered to the Port EnvironmentalDepartment Manager describing the noncompliance and requiringcompliance within a specified period of time. If noncompliance still exists

at the expiration of die specified period of time, construction may behalted and fines may be imposed, as appropriate and at the discretion ofthe Port upon the party responsible for implementation.

• Prior to final sign-off of the building permits, the Director of the PortEngineering Division or his designee shall review the checklist to ensurethat all mitigation measures included in the monitoring checklist havebeen Complied with.

Quarterly, a summary of the status of mitigation measures shall be filedwith the Director of the Port Engineering Division.

M.3. IMPLEMENTATION

M.3.1. ManagementThe Port of Oakland Environmental Department shall be responsible for overallimplementation and administration of the Mitigation Monitoring ProgramChecklist for implementation of the Port of Oakland Vision 2000 Program. Asappropriate and applicable, other departments and staff are responsible formonitoring and verification of certain mitigation measures.

If current staffing within the Port Environmental Department cannot absorb thework demand to implement the program, a Compliance Officer shall be hired tomanage and coordinate the mitigation monitoring and reporting program. TheCompliance Officer would serve under the direction of the EnvironmentalDepartment Manager.

M-2 F1SCONision 2000 Disposal and Reuse Final EISIEIR July 1997

I

.Appendix M: Miti don Monitoring

OfficerDuties of the Environmental Department Staff

or the Cotztplience ----cer shallinclude the following:

• Routine inspections and reporting activities.

• Plan checks.

• Coordination of activities of consultants hired by the Port when suchexpertise and qualifications are necessary.

• Coordination with applicable agencies that have mitigation monitoringand reporting responsibilities.

• Assure follow-up and response to citizens' complaints.

• Develop forms and checklists for reporting. A sample Verification ReportForm is included (Attachment 2).

• Develop a work plan and schedule for monitoring activities.

• Maintain the Mitigation Monitoring Checklist or other suitable mitigationcompliance summary.

• Coordinate and assure implementation of corrective actions orenforcement measures, as needed.

M.3.2. Funding MechanismAB 3180 does not provide a specific funding mechanism for implementationmonitoring and reporting programs. However, public agencies have the authorityto levy charges, fees or assessments to pay for the program, just as they currentlydo for the preparation of Ems and permit documents.

M.3.3. ApprovalThe initial Mitigation Monitoring Program and later changes will be reviewed andrevised by Port Environmental Department staff under the direction of theDepartment Manager. The initial program, and substantive changes to theprogram, will then be submitted to the Director of the Engineering Division forreview and approval. The Board of Port Commissioners will submit thisMitigation Monitoring Program for approval and adoption as a condition ofproject approval.

M-3 FISCO/Vision 2000 Disposal and Reuse Final EIS/E1R

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Appendix M: Mitigation Monitoring Program

ATTACHMENT 1:Port of Oakland Vision 2000 Program Final EIR. Mitigation Monitoring Program Checklist

Mitigation Measure

Alternatives Implementation Monitoring Confirmation/Comment

A, C, D

Land Use

Create the public access component of the Vision 2000 Program tomitigate the loss of Middle Harbor Park and one section of the SanFrancisco Bay Trail.

Responsibility: Port

Timing: As a component ofthe Vision 2000 Program

None required

Socioeconomics

No impacts, no mitigation measures required. N/A N/A N/A N/A

Public Services

Explore methods to allow the Spectrum Medical Care clinic to lease A, D

Responsibility: Port None requirednearby property to mitigate tbe loss of its current location. Timing: As a component of

the Vision 2000 Program

Cultural Resources

Amend the existing 1994 MOA among the ACHP, SHPO, Port, andNavy to incorporate specific measures developed in consultation withthe Oakland Landmarks Preservation Advisory Board proposed tomitigate'impacts from the destruction of historic buildings in the NavalSupply Center Oakland Historic District.

Coordinate among ACHP, SHPO, and the Southern Pacific Railyard todevelop measures to mitigate impacts from the loss of the SouthernPacific West Oakland Shops Historic District. Specific mitigationmeasures will be identified as part of future, project-level environmentaldocumentation.

Coordinate among ACHP, SHPO, and the Army Corps of Engineers todevelop measures to mitigate impacts from the loss ache north trainingwall. Specific mitigation measures will be identified as part of future,project-level environmental documentation.

Create a memorandum of agreement among the ACHP, SHPO, Port,and Army that incorporate specific measures to mitigate impacts fromthe destruction of historic buildings at the Oakland Army Base.

A, B, C, D Responsibility: Port, EFA None requiredWest, SHPO, ACHP,Oakland LandmarksPreservation Advisory Board

Timing: As a component ofthe Final EIS/Eilk

A Responsibility: Port, SHPO, None requiredACHP, Southern Pacific


A, C, D Responsibility: Port, SHPO, None requiredACHP, USAGE


Responsibility: Port, SHPO, None requiredACHP, Artily


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F1SCO/Vision 2000 Disposal and Reuse Final EIS/EIR July 1997


ATTACHMENT I (coned):

Port of Oakland Vision 2000 Program Final EIR Mitigation Monitoring Program Checklist

Mitigation Measure

Alternatives

Implementation

Monitoring Confirmation/Conunent

A, C

A,C,D

Visual Resources

Setback the marine terminals from the northern shore of the OaklandInner Harbor to mitigate impacts from the visual obstruction of YerbaBuena Island and Mount Tamalpais.

Create the public access component of the Vision 2000 Program tomitigate the loss of views from Middle Harbor Park

Responsibility: Port None required




Biological Resources

Consult with USFWS and USACE and conduct studies to assessconstruction and dredging impacts to least tern foraging areas, minimizeturbidity in least tent foraging habitats, and create least tern foraginghabitats in the marine habitat enhancement area to mitigate potential lossof foraging habitats.

Create new eelgrass beds in the marine habitat enhancement area tomitigate the loss of eelgrass beds in the Oakland Inner Harbor.

A,C,D

Responsibility: Port, USFWS, None requiredUSACE

Timing: Asa component ofthe Vision 2000 Program

A, B, C, D


None required

Timing: Asa component ofthe Vision 2000 Program

Water Resources

Expand the stormwater pollution prevention program to include theentire site to mitigate impacts to adjacent waters from polluted runoff.

Desist all washwater from industrial operations to the sanitary sewersystem to mitigate impacts to adjacent waters from polluted runoff.

Require tenants to develop spill response plans to mitigate the potentialimpacts of spills on water quality.

Require tenants to properly train and equip employees to respond tospills that could enter the storm drain system.

Require tenants to store all drums indoors or in properly contained areasto mitigate the impact of leaking churns on water quality.

A, B, C, D Responsibility: Port Responsibility: Port

Timing: As a component of Timing: As determined bythe Vision 2000 Program the implemented SWPP

A, B, C, D Roporuibility:Pon Responsibility: Port


A, B, C, D Responsibility: Port, Lessee Responsibility: Port



Timing: Ass component of Timing: As determined bythe Vision 2000 Program . the implemented SWPP



M-5 FISCOIVision 2000 Disposal and Reuse Final EIS/EIR July 1997


ATTACHMENT 1 (cont'd):


Mitigation Measure Alternatives Implementation Monitoring Confirmation/Comment

Water Resources (coned)

Evaluate the availability. of land for grassy :wales or other vegetative-typecontrols to allow stormwater to infiltrate into the ground to mitigateimpacts to adjacent waters from polluted runoff.

Use special equipment and evaluate and adopt special precautions andmeasures to mitigate impacts from releasing contaminated materials intothe water column during dredging.

Prioritize material not suited for unconfined aquatic disposal so thatconstruction reuse would be the first priority, followed by landfilldisposal, and then confined aquatic disposal to mitigate impacts to waterquality from disposal or reuse of contaminated dredged material.

Evaluate and adopt special precautions and measures prior to filling theOakland Middle Harbor and select and implement the appropriatemethods and technologies for filling suitable to site-specific conditionsand in accordance with future permit requirements to mitigate impactsto water quality from filling.

A,B,C,D

Responsibility: Port Responsibility: PortTiming: As a component of Timing: As determined bythe Vision 2000 Program • the implemented SWPP

A, B, C, D

Responsibility: Port Responsibility: PortTinting: As a component of Timing: Throughout thethe Vision 2000 Program dredging process

A,B,C,D

Responsibility: Port Responsibility: PortTiming: As a component of Timing: Throughout thethe Vision 2000 Program dredging process

A, B, C, D

Responsibility: Pon Responsibility: PortTiming: As a component of Timing: Throughout thethe Vision 2000 Program filling process

Geology and Soils

Use design features for dikes and fills that reduce the potential for slopeor ground failure to mitigate damage to new structures, roads, andutilities from earthquakes. Specific mitigation measures will be identifiedas part of future, project-level environmental documentation.

Design new structures and facilities using the results of geotechnicalstudies to prevent injuries and loss of life, prevent environmentaldamage, maintain emergency servicet, and minimize construction andreplacement cost to mitigate impacts from earthquakes. Specificmitigation measures will be identified as part of future, project-levelenvironmental documentation.

A, B, C, D Responsibility: Pon None requiredTiming: As a component ofthe Vision 2000 Program

A, B, C, D

Responsibility: Port None requiredTiming: As a component ofthe Vision 2000 Program

Design and locate facilities used for storing or handling hazardousmaterials to minimize impacts from releases during an earthquake.Specific mitigation measures will be identified as part of future, project-level environmental documentation.

Incorporate the recommendations of a geotechnical engineer whendesigning and locating facilities to mitigate impacts to shoreline slopes,foundations, structures, and utilities from liquefaction. Specificmitigation measures will be identified as part of future, project-level .environmental documentation.

A, B, C, D


A, B, C, D


Tinting: Asa component ofthe Vision 2000 Program

rl

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F1SCOIVision 2000 Disposal and Reuse Final EIS/EIR July 1997

Geology and Soils (cont'd)

Evaluate in geotechnical studies of the site the potential for settlement offills to mitigate any impacts from settlement. Specific mitigationmeasures will be identified as part of future, project-level environmentaldocumentation.

Maintain original elevations of the filled habitat area despite anysettlement to mitigate impacts to habitat changes from settlement.Periodically evaluate the habitat to determine whether settlementchanges are adverse, beneficial, or neutral with respect to the long-termobjectives of the habitat and take corrective action as needed.

Incorporate the recommendations of a geotechnical engineer whendesigning and locating facilities to mitigate impacts to foundations,structural supports, and horizontal features from differential settlement.Specific mitigation measures will be identified as part of future, project-level environmental documentation.

Traffic

Restripe the east and westbound 3 4 Street approaches to Middle HarborRoad, convening the combination left/through lanes to left turn only tomitigate impacts to traffic congestion at the intersection of 3' d Street andAdeline.

Responsibility: City ofOakland

As a component ofthe Vision 2000 Program

A, B, C, D None required

Air Quality

There is no feasible measure to mitigate impacts to air quality fromincreased transportation activity.

Implement dust control measures to mitigate impact to air quality fromdust and PM,,, emissions during construction and demolition activity.

N/A

N/A N/A

Responsibility: Pon Responsibility: PortTiming: As a component of Timing: Throughoutthe Vision 2000 Program construction phase

A,B,C,D

A, B, C, D

A, B, C, I)

A, B, C, D

Responsibility: PortTiming: As a component ofthe Vision 2000 Program

None required

Responsibility: Port Responsibility: PortTiming: As a component of Timing: As determined bythe Vision 2000 Program geotechnical engineer

A, B, C, Et



ATTACHMENT I (cont'd):Port of Oakland Vision 2000 Program Final EIR Mitigation Monitoring Program Checklist


Noise


Utilities


M-7

FISCO/Vision 2000 Disposal and Reuse Final EIS/EIR July 1997

ae

Hazardous Materials and Waste

Investigate and identify the extent of PCB-containing equipment atunsurveyed portions of the project site. Ensure compliance withapplicable local, state, and federal regulations regarding the managementand proper disposal of any identified PCB-containing equipment or PCBcontamination. Specific mitigation measures will be identified as part offuture, project-level environmental documentation.

Investigate and identify the location of USTs and ASTs at unsurveyedportions of the project site. Ensure compliance with applicable local,state, and federal regulations regarding the removal and management ofany identified tanks. Specific mitigation measures will be identified aspart of future, project-level environmental documentation.

Investigate and identify the location of OWSs and waste impoundmentsat unsurveyed portions of the project site. Ensure compliance withapplicable local, state, and federal regulations regarding OWS and waste

impoundment management. Specific mitigation measures will beidentified as part of future, project-level environmental documentation.

Investigate and identify the location of all historic industrial operationsand structures at the project site. Ensure compliance with applicablelocal, state, and federal regulations regarding the management ofhazardous materials and waste caused by historic land use. Specificmitigation measures will be identified as part of future, project-levelenvironmental documentation.

A, B, C, D


None required


A, B, C, Responsibility: Port

None required


A, B, C, 0


None required


A, B, C, D


None required -



ATTACHMENT 1 (coned):



Alternatives:

A: Maximum Marine Terminal,/ Maximum Rail Terminal AlternativeB: Minimum Marine Terminal/Minimum Rail Terminal AlternativeC: Maximum Marine Terminal/Minimum Rail Terminal AlternativeD: Reduced Harbor Fill Alternative

M-8

FISCO/Vision 2000 Disposal and Reuse Final ElS/E1R July 1997

rinfi rialN 1111I rap rot rim F1-1 omit 11-1 ow imp gm mai aim


I ATTACHMENT 2: VERIFICATION REPORT

Date: Arrival Time: Departure Time:

Location: Discipline:

q History q Transportation Planning

q Civil Engineering q Environmental Planning

q Environmental Science

Construction Sheet Number.

Condition:

Compliance:

q Acceptable q Unacceptable q Delay Activityq Remedial Action Implementedq Work Stopq Follow-up Conference Required

Activity:

Observations:

Recommendations:

By: Report Approval:

Receipt by Project Supervisor:

I

I

I

Date: Time: Signature:

Comments/Actions:

Copies to:

I

IDate Entered to Environmental Monitoring File•

By.

I

M-9

FISCO/Vision 2000 Disposal and Reuse Final EWER

July 1997

Board of Port Commissi .ers - PORT OF OAKLAND

c4#^9

Agenda SheetSUBJECT: Approval of Consulting Services for

Hydrographic Surveying to Support the RoutineSoundings and Maintenance DredgingPrograms, and for On-Call MiscellaneousSpecialized Surveys, As Required

SUBMITTED BY: Joseph K. Wong--e.g -4,00

EXECUTIVE OFFICE RECOMMENDATION:80

Date° SPptPmh pr 1997

Item No. 22

PROGRAM AREA



El Maritime Operationsq Overall Operations

FACTUAL BACKGROUND:

The Port contracts with outside consulting firms to provide all hydrographic (underwater survey) services in support of the Maritimeand Commercial Real Estate Divisions. Hydrographic soundings are required to determine and monitor the available depth of waterand the siltation rate for all of the Port's deepwater berths. Other related services which are required are pre- and post-dredgesoundings (used to determine pay quantities), emergency soundings, soundings of marinas, and other specialized marine surveyservices, such as side scan sonar and sub-bottom profiling.

The firms which have the capacity of providing the range of services that we need, in the time frames that are crucial to our projectscheduling, utilize sophisticated electronic instrument systems which provide very accurate results. The high productivity associatedwith these systems makes obtaining the soundings very economical.

Staff solicited proposals for this work before the contract for hydrographic surveying expired on June 30, 1997. The EngineeringDivision received proposals from four firms and, after initial review, staff ranked the four firms irrthe following order of preference:

1. G.B. Star (Novato, Ca. - Boat is permanently berthed in Emeryville)2. PLS Surveys, Inc. (Embarcadero Cove, Oakland, Ca.)3. Sea Surveyor, Inc. (Benicia, Ca.)4. Towill, Inc. (Concord, Ca.)

After further review, the following facts were revealed:

G.B. Star (GBS) is considered the most experienced consultant, with the highest capacity to provide all of therequired services within the time frames most advantageous to the Port. GBS has held the Port's hydrographiccontract every year since 1992. GBS is approximately 50% more economical for the Port to use than the third andfourth ranked consultants.

PLS Surveys, Inc. (PLS) is a local DBE/WBE firm. PLS agreed that they could not meet the time-sensitiverequirements of the Port's maintenance dredging program. However, the firm did demonstrate the ability to performthe biannual soundings of the deepwater berths.

As a result of informal negotiations with both firms, Port staff proposes the following contractual arrangements:

That GBS be awarded a separate contract that includes pre- and post-dredge soundings (including quantitycalculations) for the maintenance dredging, all emergency soundings, and specialized surveys such as side scansonar, multibeam, sub-bottom profiling, and magnetometer surveys. In addition, GBS will act as Mentor and qualityassurance advisor to PLS; will review all deliverables prior to submittal; and will supply personnel who will inspectfield procedures, equipment, and methodology, and make suggestions for any modifications necessary to meetClass I Survey standards. Since the total staff of PLS consists of four personnel, the GBS contract scope will alsoinclude biannual soundings, as a backup to PLS, should PLS be unable to timely perform the work.

That GBS be compensated for their services in accordance with their submitted rate schedule. To provide continuityfor the Port's hydrographic program and to recognize the experience and efficiency with which GBS has performedin previous work for the Port, the proposed contract is for three years, commencing on October 1, 1997 and endingSeptember 30 , 2000. The proposed maximum payment that can be made under the proposed agreement is$400,000 for the three years, and that up to $50,000 of additional work may be authorized by the Executive Director.


q MOTION

EL RESOLUTION

q ORDINANCE

q INFORMATION ONLY

Approval of Consulting Services for HydrographicSurveying to Support the Routine Soundings andMaintenance Dredging Programs, and On-Call forMiscellaneous Specialized Surveys, As RequiredSeptember 2, 1997Page 2

That PLS be awarded a separate contract for the biannual soundings of all of the Port's deepwater berths. PLSreadily accepts and embraces the mentorship of GBS in their capacity as quality assurance managers who, as aCertified Inshore Hydrographer, will ensure that the quality of our existing program is homogeneous and that there isa seamless transition from data providers. As mentor, GBS will provide a transparent on-board inspection programand teaching process with the ultimate goal of assuring that the Port will have a local firm that will be able tocompete in this highly specialized industry. GBS will report to Port staff on a regular basis on the status of theprogram.

That PLS be compensated for their services in accordance with their submitted rate schedule. To allow for aprobationary period, and yet provide continuity for the Port's hydrographic functions, the proposed contract will be fora period of one year, commencing on October 1, 1997, through and including August 31, 1998, with the provision torenew the contract in one-year increments through September 30, 2000. It is proposed that the maximum paymentthat can be made under the proposed agreement is $200,000 for the three years, and that up to $50,000 ofadditional work may be authorized by the Executive Director.

Both firms have furnished a current EEO-1 Workforce Report/Professional Services Questionnaire for review and the Ports Office ofEqual Opportunity concurs in the selections and proposed contractual arrangements.

Both of these proposed contracts are for work which is included in the Operating Budget (Major Maintenance) for Fiscal Year 1997-98, and will be proposed for the Operating Budgets for Fiscal Years 1998-99 and 1999-2000 in the normal course of events.

RECOMMENDATION

It is recommended that the Board determine that the services, as described above, are professional services and approve thepreparation and execution of two separate agreements, one with PLS Surveys, Inc. and one with G.B. Star, for providing professionalhydrographic services in accordance with the above provisions.

DATED MOTION

RESOLUTION

O ORDINANCE

O INFORMATION ONLY

BOARD ACTION TAKEN


SUBJECT: Approval to:1) Hire Ackland International, Inc.to Design Modifications to Crane Rail PileSupport System at Berth 24, Outer Harbor;and 2) Dispense with Formal Bids for thatConstruction Work

SUBMITTED BY: Joseph K. Wong....7),wEXECUTIVE OFFICE RECOMMENDIV11101\1:7,W


Item No. 23

PROGRAM AREA



Maritime Operations


FACTUAL BACKGROUND:

It is necessary to expedite urgently needed strengthening of the crane rail pile support system at Berth24, Outer Harbor. As a result of a recent wharf capacity study, it has been determined that the existingpile support system must be strengthened to support the new heavier cranes at this wharf. In order tominimize delay in use of these cranes by the tenant, the pile system must be strengthened promptly. Theurgency is such that the Acting Director of Maritime has asked Engineering to seek approval to dispensewith formal bidding procedures.

Accordingly, in order to expedite the completion of this work, it is proposed to: 1) Hire AcklandInternational, Inc. an Oakland based minority firm, to perform the design using Liftech Consultant, Inc.and Geomatrix (which jointly conducted the wharf capacity study) as their subconsultants; and 2)Dispense with formal bids and authorize the Executive Director to obtain informal quotations and executea contract to strengthen the crane rail pile support system.

It is estimated that the design cost will be approximately $100,000 and the construction cost will beapproximately $1,000,000. The work is budgeted under C1P NO. MM.00732.00 and the funding source isPort cash.

RECOMMENDATION:

It is recommended that the Board: 1) Determine that the engineering design services as described aboveare professional services, and approve the preparation and execution of an agreement with AcklandInternational, Inc. for those engineering design services; and 2) Find it to be in the best interest of the Portto dispense with formal bidding procedures for this project and authorize the Executive Director toexecute a contract based on the receipt of informal quotations.

-gY zal,sw;Arrz.2-.-

BOARD ACTION REQUIRED: sEP 2 1997

I I

I I

SUBJECT: Approval of Agreement withGeraghty & Miller, Inc. forProfessional Expert Review ofContaminated Port Properties


EXECUTIVE OFFICE RECOMMENDAIION:

Date' Septemhp r 2, 1997

Item No. 32


X

I I />"

I Imatarara SECRETARY OF THE BOA


BO -RD ACTION TAKEN DATE

Board of Port Commissiouers - PORT OF OAKLANDAgenda Sheet

FACTUAL BACKGROUND:

The soils beneath some Port properties are contaminated with petroleum hydrocarbons caused by releases fromspills, underground tanks, former bulk fueling facilities, etc. Many studies, performed by various professionalconsultants over the years, have generated a great wealth of data. However, depending on site specifics,interpreting the meaning of this information can be cause for considerable professional debate. Properinterpretation is essential if Port staff is to properly advise the Board on the best course of action for cleanup orfor seeking financial recovery from responsible parties such as former tenants.

Recently, the Executive Director and the Port Attorney requested that the Environmental Health and SafetyCompliance (EH&SC) Department determine whose professional opinion would be most credible in explaining thenature of the environmental condition beneath one of the Port's marine terminal facilities. Through an existingconsultant contract, EH&SC engaged the subcontracted services of Dr. Lorne G. Everett, PhD., Sc.D., to explainthe chemical and physical processes occurring in the vadose zone, i.e., the shallow zone of unsaturated soilsbeneath the surface of the container yard but above the water table. Dr. Everett is chairman of the AmericanSociety for Testing and Materials (ASTM) standard 18.21.02, "Vadose Zone and Groundwater Monitoring." He haswritten 14 ASTM Standards, none of which has been overturned in a court of law. Dr. Everett is an internationallyrecognized expert who has conducted extensive research on subsurface characterization and remediation. In short,he is reputed to be the consummate expert on fuel contamination in the vadose zone and saturated zone of soils.Importantly, Dr. Everett is a primary author of the October, 1995 "Recommendations To Improve the CleanupProcess for California's Leaking Underground Fuel Tanks" report published by Lawrence Livermore NationalLaboratory and submitted to the California State Water Resources Control board and the Senate Bill 1764 LeakingUnderground Fuel Tank Advisory Committee. The Lawrence Livermore report has been widely reported in themedia and is responsible for many regulatory actions that require less cleanup than previously required in similarsituations.

Dr. Everett is the Director of the Vadose Zone Monitoring Laboratory at the University of California at Santa Barbara(UCSB). Dr. Everett is a Level VI professor at UCSB. the University of California describes full professor LevelVI as "reserved for scholars of great distinction." In addition, he is Vice President and Chief Research Hydrologistfor Geraghty and Miller, Inc., with offices in Santa Barbara, California.

Dr. Everett's work at the above-mentioned marine terminal site has been highly satisfactory because it hasdefinitively answered perplexing scientific questions that staff raised regarding movement of vapor in subsurfacesoils. In order to efficiently obtain the services of Dr. Everett to explain complex subsurface conditions at other Portproperties known to be contaminated, it is desired to retain his firm, Geraghty and Miller, Inc. on an "on call" basis.Therefore, it is proposed to enter into a professional services agreement with Geraghty and Miller, Inc. for anamount not to exceed $60,000.00. Services would be billed on a time-and-materials basis at mutually agreed-uponrates. The Port's Office of Equal Opportunity concurs in this proposal.

RECOMMENDATION:

It is recommended that the Board determine that the consultant services described above are professional services,and it is further recommended that the Board approve the preparation and execution of an agreement withGeraghty and Miller, Inc. in accordance with the 'provisions above.

SRPBOV= 5Y E8

la* -72_:77 SEP 2 1997BOARD ACTION REQUIRED:

Levine-Fricke-Recon Emeryville

Pacific Meridian Oakland

Theresa Hughes 8t Associates Oakland

No 70%

Yes 15%

Yes 15%

VP DVMD WY Nalitniet°571/1020. SEP 2 7997


SUBJECT: Approval of Contract withLevine-Fricke-Recon forConsultant Services for

,Hazardous Material M. Project

SUBMITTED BY: Fred Rickert



Item No. 33

PROGRAM AREA

Airport OperationsCommercial Real EstateMaritime Operations7 Overall Operations

FACTUAL BACKGROUND:

The Executive Director, Port Attorney and Port staff believe it is necessary to develop acomprehensive environmental record of all Port property. The purpose of this effort is to develop atool to manage environmental concerns of Port property associated with former, current and futuretenant activity; to evaluate potential development; and to limit environmental liability. This tool willallow the Port to map the Port Area where hazardous releases are known to have occurred or wherepast land uses would cause concern that releases may have occurred.

The consultant will define objectives (particularly the use of database/GIS system), review currenttechnology, define the universe of data that will be required to meet those objectives, provide to thePort a range of options and related costs to meet immediate and incremental long-term needs, andprovide a schedule that meets the Port's objectives.

The benefits of this mapping will be to: (1) Assist Engineering in planning and constructingimprovement projects, (2) Provide environmental support to field personnel, (3) Support any currentor future litigation, and (4) Support any hazardous material disclosure.

The following consultants were invited by the Port Attorney to submit a proposal: BaselineEnvironmental Consulting of Emeryville; Aeko Consulting of Oakland, and Levine-Fricke-Recon ofEmeryville. Staff recommends, with the concurrence of the Port's Office of Equal Opportunity, thatLevine-Fricke-Recon be chosen to perform this work based on their participation in similar recentprojects and their alliance with two firms who have expertise in technology solutions, as follows:

The funds for this project are budgeted within the operating budget of EHeiSC Depat tinent, OtherProfessional Services (CPI 2). The project is not capitalizable.

RECOMMENDATION:

It is recommended that the Board: (1) Determine that the consultant services described above areprofessional services, and (2) Authorize the preparation and execution of an agreement with Levine-Fricke-Recon to provide professional services described above for a cost not to exceed $31,500.


MOTION

Z RESOLUTION

ORDINANCE

INFORMATION ONLY

/72BOARD AC ION TAKEN DATE

ARY OF THE BOAR

;UBJECT: CLOSED SESSION

PROGRAM AREA

Airport Operations


Maritime Operations

Overall Operations


Yoshi's/Frost/Tsuji v. Morimoto Architects, Alameda County Superior CourtCase No. 766528-8.

Edward Schmucker v. Port of Oakland, Alameda County Superior CourtCase No. 750602-2.

United States of America and State of California, etc. v. Information Systemsand Networks Corporation, U.S. District Court Case No. 96-0956' DLJ

Augustus Collins, et al v. Port of Oakland, Alameda County Superior CourtCase No. 764840-1

City of Oakland v. Cheng, et al, Alameda County Superior Court Case No.722704-0

City of Oakland v. Keep On Trucking Company, Inc et al, U.S.DistrictCourt Case No. C-95-03721-CW

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.Significant exposure to litigation pursuant to subdivision (c) of Section 54956.9:Two cases.

CONFERENCE REGARDING PUBLIC SECURITY, FACILITIES, EMPLOYEES,as provided for under Government Code Section 54957.

CONFERENCE WITH LABOR NEGOTIATOR. PORT OF OAKLAND ANDLOCAL 790, as provided for under Government Code Section 54957.6.

Vig1723-I-


J MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY


Agenda Sheet

SUMMARY AGENDA OF BOARD CALENDARSeptember 2, 1997

AIRPORT

ls Approval of Lease Amendments with Existing TenantUnited States Postal Service (7201 Earhart Road,North Airport). (Resolution)

Recommends approval to renew their agreements forspace on the North Airport.

2S Approval of New License and Concession Agreementwith Ogden Aviation Terminal Services, Inc. (#1Airport Drive, South Airport)

Recommends approval of a new agreement to covertheir ground handling operation at the Airport.

3S Approval of New License and Concession Agreementwith Aero Nova, Inc. (#1 Airport Drive, SouthAirport). (Resolution)

Recommends approval of a new agreement to covertheir ground handling operation at the Airport._

4S First Reading of Ordinance Approving a Lease withan Existing Tenant United States Postal Service(Alan Shepard Way, South Airport). (Ordinance)

Recommends approval of the lease to cover space inthe air cargo building.

5S First Reading of Ordinance Approving a Lease withOakland Fuel Facilities Corporation, a Non-ProfitEntity, for Construction and Operation of a MotorGas (MOGAS") Fueling Facility (#1 Airport Drive,South Airport). (Ordinance)

Recommends approval of a lease to provide for theinstallation and operation of a motor gas facilityto service their vehicles.

6S Ratification for Submittal of Application toFederal Aviation Administration (FAA) andAcceptance of FAA Grant Offer for AIP-20.(Resolution)

Recommends approval of the application andacceptance of the grant which will be used forthe reconstruction of a concrete apron.

7S Award of Contract for Demolition of Buildings L-727 and L-729, North Field, MOIA. (Resolution)


8S Award of Contract for Demolition of Buildings L-870, L-870A and L-874, North Field, MOIA.(Resolution)




12S Execution of Fund Transfer Agreement - Enhancementof Ferry Terminal at Jack London Square.(Resolution)

Notifies of the grant from CaliforniaTransportation Commission for improvements to theferry facility and recommends approval of theagreement associated with the grant.

MARITIME

24S Award of Contract for Construction of 115/12KVSubstation and 12KV Distribution System - PhaseIII, Outer Harbor and Seventh Street Terminals.(Resolution)


25S Award of Contract for Demolition of MaintenanceShed at Galbraith Golf Course, Oakland,California. (Resolution)


OPERATIONS

34S Contract with ARC Limited to Update PortAdministrative Policies and Procedures.(Resolution)

Recommends approval of the contract to review thePort's policies and procedures.

ORDINANCES

Port Ordinance No. 3376 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF A LEASEWITH THE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION ADMINISTRATION."

Provides for approval of a new lease foravigational aid location on the South Airport.

Port Ordinance No. 3377 being, "AN ORDINANCEAPPROVING AND AUTHORIZING EXECUTION OF LEASE WITHNATIONAL FURNITURE LIQUIDATORS, INC., AND GRANTINGRENT CONCESSION."

Provides for approval of a lease with NationalFurniture Liquidators, Inc., and granting themrent concession.

MOTION

RESOLUTION

X ORDINANCE

INFORMATION ONLY

11

I Iifabiorcerr SECRETARY OF THE BOARD

BOARD ACTION REQUIRED: AUG 4 1997

Board of Port Commissiwiers - PORT OF OAKLAND

Agenda SheetSUBJECT: First Reading of Ordinance Approving Airport Land Lease with

United States of America, Department of Transportation,Federal Aviation Administration (#1 Airport Drive, South Airport)

KATESUBMITTED BY: Steven J. s jpo

EXECUTIVE OFFICE RECOMMENDATI N:

rti


Item No. 3S

PROGRAM AREA

11( Airport Operations


Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

CALENDAR ME I0The following Airport Land Lease agreement is submitted for approval:

PROPERTY DESCR/ EXISTING PROPOSED TERMLOCATION RATE RATE DATELESSEE

"B" United States of Approx. 1.41 acres*America, Department of land at the Southeastof Transportation, end of Runway 11-29Federal AviationAdministration

t 0.00/yr"

No Change 11/01197"`

100% of premises to be used for avigational aid (Instrument Landing System Localizer- Runway 11)

No monetary consideration may be charged under Federal Law.

"* Lease automatically renews annually, but not beyond September 30, 2016.


---This project has been determined to be categorically exempt from requirements of the California Environmental QualityAct and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or license and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

RECOMMENDATION:

It is -recommended that the Board give first reading to an ordinance approving and authorizing execution of Airport LandLease with United States of America, Department of Transportation, Federal Aviation Administration as described above.

C AWP51711.15111 0 ARIABOLTRFA A.JUL


MOTION

RESOLUTION

ORDINANCE

INFORMATION ONLY

iftwoofot;.4 tiv bidirmemeAvtoott

BOARD ACTION TAKEN

AUG 4 1997

DATE


Agenda SheetSUBJECT:An Ordinance approving and authorizing execution- Date:. Ang»st. 5. 1997

of a Lease Between Port of Oakland ("Port") Item"No. 11 and National Furniture Liquidators, Inc.("NFL") for Premises Located at 845 Embarcadero PROGRAM AREA

and Granting Two Months Rent Concession

SUBMITTED BY:Joyce Washingto


FACTUAL BACKGROUND:

CALFDk!,DAR MEI, !,(-7)Pursuant to Resolution No. 93371,-adopted on August 10, 1993, thisBoard consented to M & N Trucking's ("M&N") sublease of thesubject premises to NFL. M&N's Lease term expired on March 4,1997. NFL wishes to enter into a lease with the Port for thesubject premises which NFL continues to occupy.

The premises consists of 44,792 . square. feet of warehouse spacewhich includes 4,000 square feet of office space. Use of the --premises includes storage, distribution, and sale of new and usedfurniture.

NFL rental history payments, NFL financials, and a Dunn andBradstreet report appear to indicate that NFL is an acceptablePort tenant. Staff believes that NFL is financially able tocontinue timely rental payments and maintain the premises in goodcondition.

The following lease terms are proposed:

Term 5 years

Option None

Effective Date - March 5, 1997 •

Monthly Rent - $13,069 ($0.29 per square foot)4/1/97 to 3/31/98

- $13,438 ($0.30 per square foot)4/1/98 to 3/31/99

- $13,886 ($0.31 per square foot)4/1/99 to 3/31/2000$14,333 ($0.32 per square foot)4/1/2000 to 3/31/2002

Maintenance &

Repairs - Lessee is responsible for allmaintenance and repairs required tosustain the condition of the premisesincluding the roof.

Airport Operations


Maritime Operations

I i Overall Operations

An Ordinance approving and authorizing executionof a Lease Between Port of Oakland ("Port")and National Furniture Liquidators, Inc.("NFL") for Premises Located at 845 Embarcaderoand Granting Two Months Rent Concession

Page 2

Termination - Should the Port decide to develop theproperty at anytime during the teim or anyextended term of the Lease Agreement, thePort may, at its sole discretion, terminatethe Lease Agreement provided that the Porthas given six months written notice toLessee and pays Lessee $52,276 (four monthsrent) during the first year of the Lease,$40,314 (three months rent) during thesecond year, $27,772 (two months rent)during the third year, $13,886 (one month)during the fourth year of the Lease teinz.

- $15,000.00

- In consideration of NFL's replacement ofthe HVAC system and for business operationinterruptions caused by installationof a new monitoring well and readings ofexisting well, Lessee shall be given aconcession equal to two months rentcredit to cover Lessee's actual costsresulting from such interruptions.

Securi tyDeposit

Rent Concession

The Port is not liable for real estate commission related to thistransaction.

The Lease was reviewed pursuant to the requirements of theCalifornia Environmental Quality Act (CEQA) and the Port CEQAGuidelines. This action is Categorically Exempt under Class 1 ofGuidelines Section 15301(p), which exempts renewals, extensions oramendments to leases or License and Concession Agreements wherethe premises or licensee's activity was previously leased orlicensed to the same person or another person, and involvingnegligible or no expansion of use beyond that previously existing.No further environmental review is required.

This item was reviewed by the Commercial Real Estate Committee onSeptember 5, 1996 and was resubmitted to the Committee on July 31,1997.

Recommendation z.

It is recommended that the Board give first reading to anordinance approving a lease with National Furniture Liquidators,Inc. and authorizing the Acting Director of Commercial Real Estateto execute the lease agreement and approving a rent concessionequal to two months rent. The lease shall not be effective untiland unless it is approved by the Port Attorney as to form andlegality.


EXECUTIVE OFFICE RECOMMENDATION: 0

MOTION

x l RESOLUTION

ORDINANCE

INFORMATION ONLY

HI I

DATE


Agenda Sheet

SUBJECT: Approval of Lease Amendments With Existing TenantUnited States Postal Service (7201 Earhart Road,North Airport)



Airport Operations

I 1 Commercial Real Estate

Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

The following Lease Amendments are submitted for approval:

LESSEEPROPERTY DESCR/ EXISTING PROPOSED AGREEMENTLOCATION RATE RATE DATE

"B" United States 8,000sf of warehouse, $4,158.63/mo $4,283.33/mo 1/1/98 (1)Postal Service 12,800sf of apron and $.35psf $.361-psf - warehouse.._

4,800sf of paved parking $.082+psf $.085-psf - apronin and adjacent to Bldg. $.064psf $.066-psf - paved parkingL-812, Space #2

United States 10,000sf of warehouse and $5,791.66/mo $5,958.33/mo 1/1/98 (2)Postal Service office, 16,000sf of apron 5.43+psf $.443-psf warehouse/office

and 2,700sf of paved parking $.082 +psf $.085-psf apronin and adjacent to Bldg. $.064psf $.066-psf paved parkingL-812, Space #3

(1) Amendment #2(2) Amendment #3

The letter "13" indicates that the Agreement was not previously considered by the Board in establishing a target rate tornegotiation.

These projects have been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p) which exempts renewals,extensions or amendments to leases or license and concession agreements where the premises or licensed activity waspreviously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond thatpreviously existing.

RECOMMENDATION:

It is recommended that the Board approve the above-listed Lease Amendments.

C:\WP511Files\board\usps.sept2

1,P3?_ROVIAD a4p• y,Es WV.Aks,1

972---6- SEP 2 1997BOARD ACTION REQUIRED:


MOTION(xi RESOLUTION


H

I III

SEP 2 1997

DATE



with Ogden Aviation Terminal Services, Inc.(#1 Airport Drive, South Airport)


EXECUTIVE OFFICE RECOMMENDATIONdO


Item No. 2S

PROGRAM AREAX Airport Operations

II Commercial Real EstateMaritime OperationsOverall Operations

FACTUAL BACKGROUND:

Ogden Aviation Terminal Services, Inc. ("Ogden") requests approval of a License and Concession Agreement("Agreement"). The Agreement would authorize access to the South Airport for the purpose of servicing its contract(ground handling and airframe/power plant maintenance) with Tower Air, Inc. only.

The Agreement would have a one-year term commencing on June 27, 1997, with a 30-day termination provision. Nopremises would be granted by this Agreement; Ogden would perform its work at the Terminal gate(s) between flighttimes. The rental is a minimum of $250 per month; effective January 1, 1998 the rental will be $250 per month or 10%of gross revenues, whichever is greater.


RECOMMENDATION:

It is recommended that the Board approve the License and Concession Agreement with Ogden Aviation TerminalServices, Inc. as described above.

C PE 1 \ FILES \ BO ARDNO GDEN 2 If LT


Agenda SheetSUBJECT: Approval of New License and Concession Agreement Date: September 2, 1997

with Aero Nova, Inc. (#1 Airport Drive, South Airport)

Item No. 3S

PROGRAM AREA

SUBMITTED BY: Steven J. Grossman Ixt Airport Operations

EXECUTIVE OFFICE RECOMMENDATION:Id


1 I


FACTUAL BACKGROUND:

Aero Nova, inc. requests approval of a License and Concession Agreement ("Agreement"). The Agreement would authorizeaccess to the South Airport for the purpose of servicing its contracts with Federal Express, United Parcel Service, Evergreenand Empire to provide ground handling, aircraft washing and other related services.

The Agreement would have a one-year term commencing on July 1, 1997, with a 30-day termination provision. No premiseswould be granted by this Agreement; Aero Nova would perform its work on the airlines' premises between flight times. Therental is a minimum of $250 per month or 10% of gross revenues, whichever is greater.


RECOMMENDATION:

It is recommended that the Board approve the License and Concession Agreement with Aero Nova, Inc, as described above.

cAwp51 \filealboardlaero.blt

wilitio=N;riw zamsealetrwft,0AO. 9 -7.22 7 SEP 2 1997BOARD ACTION REQUIRED:

MOTION BOARD Ac ION TAKEN DATE

X RESOLUTION

ORDINANCE

INFORMATION ONLY ginecm. SECRETARY OF THE BOARD

lx1H

ISUBMITTED BY: Steven J. Grossman 442EXECUTIVE OFFICE RECOMMENDATION1

IIII

MOTION

RESOLUTION

X I ORDINANCE

[ I INFORMATION ONLY


Agenda SheetSUBJECT: First Reading of Ordinance Approving a Lease with

an Existing Tenant United States Postal Service(Alan Shepard Way, South Airport)


Item No. 4S



FACTUAL BACKGROUND:

The United States Postal Service ("Postal Service") has been a tenant on the South Airport since 1992 and currentlyoccupies approximately 4,400sf of warehouse space in Building M-106 under an Agreement to Extend Right-of-Entry andIndemnity Agreement, effective July 1, 1997. The current monthly rent is $3,300.

It is proposed that the Port enter into a three-year Lease with the Postal Service for the same space and at the samemonthly rent. The commencement date of the Lease (presumably November 1, 1997) would be determined by the dateof the passage of the Ordinance. The current monthly rent would remain unchanged; however, future rental adjustmentswould be made pursuant to Port Ordinance No. 1149 for rates and charges prescribed for Monthly Aviation SpaceRental.


RECOMMENDATION:

It is recommended that the Board give first reading to an ordinance approving and authorizing execution of the Leasewith the United States Postal Service as described above.

C: \WP511FILESIBOARD \ USPS2.LSE

BOARD ACTION REQUIRED: 1997

IISUBMITTED BY: Steven J. GrossmanEXECUTIVE OFFICE RECOMMENDATION:

FACTUAL BACKGROUND:


DATEMOTION

I RESOLUTION

I XI ORDINANCE

I I INFORMATION ONLY 41.44% SECRETARY OF THE BOARD


Agenda SheetSUBJECT: First Reading of Ordinance Approving a Lease

with Oakland Fuel Facilities Corporation, aNon-profit Entity, for Construction and Operationof a Motor Gas ("MOGAS") Fueling Facility(#1 Airport Drive, South Airport)


Item No. 5S

PROGRAM AREA

Oakland Fuel Facilities Corporation ("OFFC") is a non-profit entity comprised of a consortium of the major airline operators(FedEx, UPS, Southwest, United, American, Delta, American West, Alaska Airlines, etc.) and was formed to operate andmaintain low cost fueling operations for air carriers serving Oakland International Airport. OFFC currently leases the Airport'saircraft fuel farm and operates the Airport's hydrant fuel system. This recommendation seeks approval of the construction,operation, and maintenance of a motor gas ("MOGAS") fueling facility at the Airport.

The proposed MOGAS facility would be operated on the Airport's South Field (to be located between Taxiways B, S, andT), providing a self-service fueling operation for airline, Port, and other Airport vehicles using the airfield operations area.Many of these vehicles (e.g., aircraft tugs, heavy machinery) are not licensed to operate on California public roadways andthus are unable to obtain fuel from any commercial gas stations.

The proposed MOGAS facility would replace the one currently operated by the Port. That facility, which includesunderground storage tanks, must be replaced with another facility by December 1998, the deadline established under Stateand Federal law for removal of existing underground fuel storage tanks.

As OFFC is a non-profit entity, the sale price of the fuel to the Airport's consumers would be at the wholesale cost of thefuel, plus operational expenses associated with the MOGAS system. DynAir Fueling, Inc., OFFC's present third-party operatorof the Airport's fuel farm and hydrant fueling facilities, would be the MOGAS manager. OFFC would purchase and installstate-of-the-art MOGAS equipment, principally comprised of the following:

+ one, 20,000 gallon, multiple compartment, double wall steel fuel storage tank, to be located above ground;

♦ one Petro Vend fuel management system to control up to four (4) hoses with an encoding machine; and,

• an inventory control keyed system permitting accurate tracking and recordation of individual and corporate use ofthe system.

The principal terms of the recommended lease with OFFC follow:

• Premises: Two separate parcels totaling 2,877 square feet of existing aircraft and vehicle apron area, locatedbetween Taxiways B, S, and T.

♦ Term: Approximately seven (7) years, through September 30, 2004. No options to extend the term.

♦ Uses: To construct, equip, maintain, and operate a self-service, ground vehicle fueling facility, permitting individualand corporate use of the system. The sale price of the fuel to the Airport consumers would be at the wholesalecost of the fuel, plus the MOGAS operational expenses, which is converted to a pro-rated annual "OFFC Fee"applied to each gallon delivered which fee is to be first approved by the Director of Aviation.

BOARD ACTION REQUIRED: SEP 2 1997

First Reading of Ordinance Approving a Leasewith Oakland Fuel Facilities Corporation, aNon-profit Entity, for Construction and Operationof a Motor Gas ("MOGAS") Fueling Facility(#1 Airport Drive, South Airport)September 2, 1997Page two

♦ Rent: Monthly rent of $0.41 per square foot (2,877sf x $0.41 = $1,179), or approximately $14,154 per year.Rental adjusted every thirty (30) months by the percentage increase in the Consumer Price Index. Security depositequal to three (3) months rent.

♦ Improvements: State-of-the-art fueling system containing: one, 20,000 gallon, multiple compartment, double wallsteel fuel storage tank, to be located above ground; one Petro Vend fuel management system to control up to four(4) hoses with an encoding machine; and, an inventory control keyed system permitting accurate tracking andrecordation of individual and corporate use of the system. All improvements to be at OFFC's sole cost andexpense.

♦ Liability Insurance: OFFC to maintain through the life of the lease $100 million in general liability insurance and$10 million in comprehensive auto liability. Other insurance provisions standard to other Port leases.

♦ Third Party Service Provider: OFFC's initial third party service provider (contractor/manager) would be DynAirFueling, Inc.

♦ Toxic Materials: OFFC to indemnify and be responsible for all contamination of the Airport caused by its MOGASfueling operations. However, OFFC is not to be responsible for any toxic materials or condition that was on theproperty prior to its occupation of the premises. [It is anticipated that OFFC will not disturb the ground conditionsof the apron area, but instead will "drop" a concrete slab onto the tarmac, and install the fuel tank thereon. Fuelingpumps will be installed onto existing fueling islands.]

♦ Other terms and conditions: The 58 page lease with attachments contains numerous other terms and conditionsstandard to Port of Oakland leases at the Airport.

This project is categorically exempt from requirements of the California Environmental Quality Act and the Port CEOAGuidelines pursuant to Class 1 of Guidelines: Section 15301(p) which exempts renewals, extensions, or amendments toleases or license and concession agreements where the premises or licensed activity was previously leased or licensed tothe same or another person, and involving negligible or no expansion of use beyond that previously existing and Section15301(d) which exempts restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanicalequipment to meet current standards of public health and safety.

RECOMMENDATION:

It is recommended that the Board give a first reading to an ordinance approving and authorizing execution of the lease withthe Oakland Fuel Facilities Corporation (OFFC), as described above.

cAwp51 Wes \board\offc.bdi



I11x111II

Board of Port Commissic...ers - PORT OF OAKLANDAgenda Sheet

SUBJECT: Ratification for Submittalof Application to FederalAviation Administration (FAA)and Acceptance of FAA GrantOffer for AIP-20

SUBMITTED BY: Joseph K. Wong_7940EXECUTIVE OFFICE RECOMMENDAfION

Date- September 2, 1997

Item No 6S

PROGRAM AREAIx! Airport Operations

11 Commercial Real EstateMaritime OperationsOverall Operations

FACTUAL BACKGROUND:

On January 7, 1997, the Board approved the submittal of an Airport Improvement Program (AIP) GrantPreapplication to the Federal Aviation Administration (FAA) to fund the Reconstruction of Concrete ApronSoutheasterly of Building L-812 and a Portion of Taxiway D project on the North Field.

The total estimated cost of the project is $3,650,000. The FAA share under this grant for the Federalfiscal year 1997 is $2,779,045. The Port share is proposed to be funded by the Passenger FacilityCharges (PFC) Program. The following shows the funding proposed under this grant:

Project Estimated Cost Port Shale FAA Share

Reconstruction of ConcreteApron Southeasterly of

$3,650,000

$870,955 $2,779,045Building L-812 and aPortion of Taxiway D

In order to ensure that a grant offer can be processed prior to the end of the Federal fiscal year(9/30/97), the grant application had to be submitted by July 31, 1997. Therefore, an application wassubmitted by Port staff to the FAA on July 25, 1997.

The FAA has now indicated that it intends to make to the Port of Oakland a Grant Offer of $2,779,045under AIP-20 entitlement funds for Federal fiscal year 1997. A basic condition of the Grant Agreementrequires that the Board has knowledge of its content.

The FAA has provided a draft copy of the Offer for AIP-20 and has stated that the terms and conditionsare identical to AIP-19, accepted by the Board on September 24, 1996, subject to any modifications inthe Grant Assurances attached to such offer reflecting FAA's currently proposed amendments to suchAssurances. The Federal law permits acceptance of fiscal year 1997 grants only through September30, 1997. It is anticipated that the final offer will be released by the FAA prior to September 30, 1997.The Manager of the FAA's Airports District Office has indicated to Port staff that it would be acceptableto the FAA if the Port was to accept the Offer based upon the draft provided.

This project is identified as CIP Item No. A1.00626.01.

RECOMMENDATION:


1) Ratify the submittal of the grant application to the FAA for the above project; and2) Authorize the President of the. Board or the Executive Director to accept the Grant Offer for AIP-20

when finally released, based upon the terms and conditions contained in the draft offer.

Agenda SheetBoard of Port Commissioners - PORT OF OAKLAND

Oakland, CA $ 149,350.00ICONCO, Inc.

BIDDERSClauss Construction

LOCATION TOTAL BID PRICELa Mesa, CA $ 118,680.00

Thomas D. Eychner Co., Inc. Oakland, CA $ 130,545.50

Covey Trucking Co. San Mateo, CA $ 138,130.00

Kemen & Son Engineering Contractors Paradise, CA $ 147,897.00

Ferma Corporation Mountain View, CA $ 153,609.00Evans Brothers, Inc. Livermore, CA $ 157,708.50Aman Environmental Construction, Inc. Covina, CA $ 192.660.00

BOARD C ION TAKEN


q MOTION

2 RESOLUTION

q ORDINANCE

O INFORMATION ONLY

L.PPV,C*-Q•RX:

10. q7,26q

1997

SUBJECT: Award of Contract for Demolitionof Buildings L-727 and L-729,North Field, MOIA


Item No. 7S

PROGRAM AREA

• Airport OperationsSUBMITTED BY: Joseph K. Wong q Commercial Real Estate


EXECUTIVE OFFICE RECOMMENDATION q Overall Operations

FACTUAL BACKGROUND:

Eight bids were received and opened on August 13, 1997, for DEMOLITION OF BUILDINGS L-727 AND L-729, NORTH FIELD,METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA. The following bids were received:


Clauss Construction did not list any subcontractors with its bid and intends to perform all work of the contract with its own forces,except for trucking operations. The trucking firm is both a minority business enterprise (MBE) and a local business areaenterprise (LBAE) company performing a total of 16.9% of the work. Accordingly, it is recommended that Clauss Construction beconsidered to be a responsible bidder for the purpose of this contract. The Port's Office of Equal Opportunity concurs in thisrecommendation.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. A1.00640.01. The funding source is Port4041421-6. cash. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Clauss Construction be found to be a responsible bidder, that the contract for the above project beawarded to Clauss Construction for the amount of its low bid, and that the other bids be rejected and the bid securities returnedto the respective bidders.

Award of Contractfor Demolition of Buildings L-727 and L-729,North Field, M.O.I.A.

Sept. 2, 1997


EXECUTIVE OFFICE RECOMMENDATION?A)

• Airport Operationsq Commercial Real Estateq Maritime Operationsq Overall Operations

BOARD T N TAKEN DATE


Agenda SheetSUBJECT: Award of Contract for Demolition

of Buildings L-870, L-870A and L-874,North Field, MOIA


Item No. 8S

PROGRAM AREA

FACTUAL BACKGROUND:

Eight bids were received and opened on August 13, 1997, for DEMOLITION OF BUILDINGS L-870, L-870A, AND L-874,NORTH FIELD, METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA. The following bids werereceived:

BIDDERS LOCATION TOTAL BID PRICEClauss Construction La Mesa, CA $ 104,000.00Covey Trucking Co. San Mateo, CA $ 108,800.00Ferma Corporation Mountain View, CA $ 134,039.00ICONCO, Inc. Oakland, CA $ 137,400.00Evans Brothers, Inc. Livermore, CA $ 156,120.00Kemen & Son Engineering Contractors Paradise, CA $ 162,250.00Aman Environmental Construction, Inc. Covina, CA $ 165,350.00Thomas D. Eychner Co., Inc. Oakland, CA $ 198,699.00


Clauss Construction did not list any subcontractors with its bid and intends to perform all work of the contract with its own forces,except for trucking operations. The trucking firm is both a minority business enterprise (MBE) and a local business areaenterprise (LBAE) company performing a total of 24.0% of the work. Accordingly, it is recommended that Clauss Construction beconsidered to be a responsible bidder for the purpose of this contract. The Port's Office of Equal Opportunity concurs in thisrecommendation.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. A1.00640.02. The funding source is PortWis. cash. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Clauss Construction be found to be a responsible bidder, that the contract for the above project beawarded to Clauss Contruction for the amount of its low bid, and that the other bids be rejected and the bid securities returned tothe respective bidders.

SEP 2 1997BOARD ACTION REQUIRED:

O MOTION• RESOLUTIONq ORDINANCE

q INFORMATION ONLY

PORT OF OAKLAND I NORTH AIRPORTAREA L-2 DATE FILE FAATLAS \ AREAMAPS N.L2-AREA

SCALE

Award of Contractfor Demolition of Buildings L-870, L870A and L-874,North Field, M.O.I.A.

Sept. 2, 1997

1118.11.411r411.1%.1%

!=4

04,

X

SUBJECT: Execution of Fund TransferAgreement - Enhancement ofFerry Terminal at JLS

SUBMITTED BY: Joseph K. Wongd, „q4/4)EXECUTIVE OFFICE RECOMMENDAON.

Date: Septpmhpr 2, 1997Item No 12S


I 1

X

BOARD N TAKEN DATEMOTIONRESOLUTIONORDINANCEINFORMATION ONLY


Agenda Sheet

FACTUAL BACKGROUND:

On July 8, 1997, the California Transportation Commission (CTC) approved the Clean Air andTransportation Improvement Act (Proposition 116) grant in the amount of $406,127 to constructenhancements at the existing Oakland/Alameda Ferry Terminal Facility at the foot of Clay Street in JackLondon Square.

This project will improve the public access and use of the ferry system serving the Oakland/Alamedaarea and San Francisco. Enhancements include, but are not limited to, a new public promenadeadjacent to the existing Franklin D. Roosevelt (FDR) pier, a sheltered waiting area and signage, stormsystem, lighting, landscaping and furnishing.

As a condition of the Fund Transfer Agreement, the State requires that the Port shall conform to any andall environmental obligations established in CTC Resolution G-91-2 regarding hazardous wasteindemnification. The CTC Resolution G-91-2 requires the Port to indemnify the State of California fromany hazardous materials remediation costs that the Port might incur on this project. The Port acceptsfull responsibility to exercise due diligence and to pay for and remove any hazardous waste remains inconformance with applicable State and Federal law.

The capital budget for fiscal year 97/98 provides for this work under CIP Item No. P1.00366.02.

RECOMMENDATION:

It is recommended that the Board authorize the Executive Director to execute the Fund TransferAgreement.

TPPRiONno> IMEiciTieirtevw,

°11 9727/BOARD ACTION REQUIRED: SEP 2 1997


Oakland, CA $613,506.00*Willie Electric Company, Inc.

St. Francis Electric

Clyde G. Steagall, Inc., dba Mid ValleyElectric

Loomis, CA $391,236.00

Barri Electric Company, Inc. San Francisco, CA $569,554.00

$880,870.00Hayward, CA

Board of Port Commiss,_.lers - PORT OF OAKLAND

Agenda SheetSUBJECT: Award of Contract for Construction

of 115/12KV Substation and 12KVDistribution System - Phase III,Outer Harbor and Seventh StreetTerminals

SUBMITTED BY: Joseph K. Wong efb-e-A,-Dis--6--


Date: September 2. 1997

Item No. 74R

PROGRAM AREA

ri Airport OperationsCommercial Real Estate

131 Maritime Operationsn Overall Operations

FACTUAL BACKGROUND:

Four bids were received and opened on August 6, 1997, for CONSTRUCTION OF 115/12KV SUBSTATION AND12KV DISTRIBUTION SYSTEM - PHASE III, OUTER HARBOR AND SEVENTH STREET TERMINALS, OAKLAND,CALIFORNIA. The following bids were received:

* Bid Bond not includcd with Bid. Dollar amount on Bid Bond was left blank.

A copy of the bid canvass is on file. The engineer's estimate for the'Total Bid Price is $722,000. Mid Valley Electricwas contacted to find out why their bid was significantly lower than the other contractors. Mid Valley Electric'sresponse was that their markup and mobilization/demobilization costs were estimated below industry standards, dueto their familiarity with the work site as the general contractor performing Phases I and II of this project.

Mid Valley Electric did not list any subcontractors with their bid and intends to perform all of the work themselves.Accordingly, it is recommended that Mid Valley Electric be considered to be a responsible bidder for the purposesof this contract. The Port's Office of Equal Opportunity concurs in this recommendation.

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. MA.03040.01. The funding sourceis Port bonds.

RECOMMENDATION:

It is recommended that Mid Valley Electric be found to be a responsible bidder, that the contract for the above projectbe awarded to Mid Valley Electric for the amount of its low bid, that the other bids be rejected, and the bid securitiesbe returned to the respective bidders.

EDGARD ACTION REQUIRED:it '


P.P140741,14' meormtvw/O. SEP 2 1997

BOARD

/

/ABC ON TAKEN DATE

SECRETARY OF THE BOARD /

San Mateo, CA $24,815.00Covey Trucking Co.

Oakland, CA $33,000.00ICONCO, Inc.

Livermore, CA $37,100.00Evans Brothers, Inc.

Mountain View, CA $45,000.00Ferma Corporation

Thomas D. Eychner Co., Inc. Oakland, CA $67,756.00

Vallejo. CA $84,900.00NG & N Construction GeneralEngineering Contractors


SEP 2 1997

BOARD T a N TAKEN DATE

I x 1

BOARD ACTION REQUIRED:MOTION


IPPRov-eiD -117 ANSOrietZkui

all 97

• v.; • • •■■• II So SO m 717 %...11A. I VI- ■amna.../-kimu

Agenda SheetSUBJECT: Award of Contract for Demolition Date: September 2. 1997

of Maintenance Shed at GalbraithGolf Course, Oakland, California

Item No 25S

PROGRAM AREA

SUBMITTED BY: Joseph K. Wong Airport Operations


EXECUTIVE OFFICE RECOMMENDATION: X Maritime Operations

Overall Operations

FACTUAL BACKGROUND:

Six bids were received and opened on August 6, 1997, for DEMOLITION OF MAINTENANCE SHED AT GALBRAITHGOLF COURSE, OAKLAND, CALIFORNIA. The following bids were received:


Covey Trucking Company listed one subcontractor with their bid. This subcontractor is both a minority businessenterprise (MBE) and a local business area enterprise (LBAE) contractor performing a total of 20.1% of the work.The remainder of the work will be performed by Covey Trucking Co. Accordingly, it is recommended that CoveyTrucking Company be considered to be a responsible bidder for the purposes of this contract. The Port's Office ofEqual Opportunity concurs in this recommendation.

SUBCONTRACTORS LOCATION ETHNICITY MBE WBE LBAE DOLLAR AMOUNT OFEACH SUBCON-TRACTOR'S BID TOPRIME CONTRACTOR

FARC, Inc. Oakland, CA African-American Yes No Yes $5,000.00

The Capital Budget for Fiscal Year 1998 provides for this work under CIP Item No. MA.02870.19. The funding sourceis Port bonds. The location of the work is shown on the attached map.

RECOMMENDATION:

It is recommended that Covey Trucking Company be found to be a responsible bidder, that the contract for the aboveproject be awarded to Covey Trucking Company for the amount of its low bid, and that the other bids be rejected andthe bid securities returned to the respective bidders.

GALBRAITH GOLF COURSE

.\ . PROJECT\ LOCATION

Award of Contractfor Demolition of Maintenance Shed at Galbraith Golf Course,Oakland, California

September 2, 1997

I

I MOTION51c RESOLUTION




Agenda SheetSUBJECT: Contract with ARC Limited to Update Date: September 2, 1997

Port Administrative Policies and Item No. 34SProcedures

PROGRAM AREA

'I€"(-11aA4'z'eoe..ee,-3SUBMITTED BY: filbert C. Apodaca


1) Airport OperationsCommercial Real Estate

11 Maritime OperationsIx( Overall Operations

FACTUAL BACKGROUND:

The Port of Oakland's Administrative Manual has not undergone a comprehensive revision in severalyears. Revisions of selected, existing policies and procedures have been carried out on a quarterly,semi-annual or as needed basis, but such revisions have been restricted to the structure and format ofthe present manual.

ARC Limited has presented a proposal to respond to the Port's need to update its existing policies andprocedures in a format that clearly delineates policies from procedures; to develop new policies andprocedures; and to create a separate Policy Reference Guide.

Alana Coleman Ross is president of ARC Limited, an Oakland-based, MBE/WBE management consultingfirm that specializes in the development of policies and procedures. ARC Limited has worked onprevious projects with the City of Oakland, Alameda County, AC Transit, EBMUD, Oakland PublicLibrary, the City and County of San Francisco, to name a few.

RECOMMENDATION:

It is recommended that the Board approve the hiring of ARC Limited to update the Port's policies andprocedures; to develop new policies and procedures; and to create a separate Policy Reference Guidefor a fee not to exceed $37,000. It is further recommended that the Executive Director be authorized toincrease the total compensation by $6,000 for additional related services in policy and procedureresearch and documentation.

It is also recommended that the Board approve waiving competitive bidding based on the following:ARC Limited's Oakland-based, MBE/WBE status; its extensive experience in public sectordocumentation, especially with the City of Oakland; and its excellent reputation in the Bay Areacommunity.

UsTIBUWAD1nriMgaiterlas0

@O. 61 72 SO SEP 2 1997BOARD ACTION REQUIRED: