APPROVED MINUTES - Port of OaklandApproval of License and Concession Agreement with John J. Vega dba...

COMMISSIONERS

FRANK KIANGPresident

JOHN PROTOPAPPASFirst Vice President

PATRICIA A. SCATESSecond Vice President

DARLENE AYERS-JOHNSONDAVID KRAMER

PHILLIP H. TAGAMIPETER URIBE

BOARD OF PORT COMMISSIONERSOF THE

PORT OF OAKLAND530 Water Street

Oakland, California 94607

TELEPHONE: (510) 627-1100

APPROVED

MINUTES

TAY YOSHITANIExecutive Director

DAVID L. ALEXANDERPort Attorney

JOHN T. BETTERTONSecretary of the Board

Regular Meeting of the Board of Port CommissionersTuesday, January 21, 2003 - 3:00 PM

ROLL CALL

The Secretary called the roll and the following Commissioners where in attendance:

Commissioner Avers -Johnson. Commissioner Kramer Vice-President ScatesCommissioner Tagami, Commissioner Uribe, and Acting-President Protopappas

President Kiang was excused.

Acting President Protopappas called the Board into session at 3:05 p.m.

CLOSED SESSION

Port Attorney David Alexander suggested that the Board enter into Closed Session to discussthe items disclosed in the Executive Committee. They where:

1. Conference With Legal Counsel – Anticipated Litigation. Significant exposure to litigationpursuant to subdivision (b) of Section 54956.9: (5 matters)

2. Conference With Legal Counsel – Existing Litigation. Pursuant to Subdivision (a) of Section54956.9:

Berkeley Jets Over the Bay, et al. v. Port of Oakland, et al., California Court of Appeal CaseNos. A086708/A087959/A089660

Arbitration: Grievance – Building and Construction Trade Council v. McGuire & Hester, et al.,Construction of Asphalt Concrete Overlay of Runway 9L-27R, North Field, OaklandInternational Airport, Oakland, California.

3. Conference With Legal Counsel – Anticipated Litigation. Initiation of Litigation pursuant tosubdivision (a) of Section 54956.9: 2 matters.

OPEN SESSION

Acting President Protopappas called the Board into Open Session at 4:14 p.m.

Port Attorney David Alexander reported that no final action was taken, and that the Board hadnot reviewed all closed session items and would need a second closed session after the OpenForum.

APPROVAL OF MINUTES

A motion to approve the following minutes was made by Commissioner Tagamiand seconded by Commissioner Ayers-Johnson:

Regular Meeting of November 5, 2002; Regular Meeting of November 19, 2002; RegularMeeting of December 3, 2002

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates, Commissioner Tagami,Commissioner Uribe and Acting-President Protopappas; (1) Absent: PresidentKiang

PRESIDENT'S REPORT

Acting-President Protopappas reported:

■ The Association of States Lands Commissions toured the Port.

■ The Port will host a meeting to present information on the Prime Builder Program for theTerminal Expansion. The meeting will provide an opportunity for Prime Buildercandidates to network with the local business community. The meeting will take placeon January 29 th at the Oakland Airport Hilton (1 Hegenberger Road)

■ Vice-President Scates reported on the recent conference of the American Associationof Airline Executives held in Kona Hawaii. Vice-President Scates and President Kiangboth attended the conference, which dealt primarily with the state of the Airline Industry,security, and future challenges.

EXECUTIVE DIRECTOR'S REPORT

Executive Director Yoshitani called on Anne Henny of the Aviation Division to report on thePort's Sustainability Program.

Mr. Yoshitani reported that a PBS camera crew had visited the Port to film footage for a serieson Homeland Security. The program featuring the Port and Maritime Security will air in April.

Aviation Director Steve Grossman announced that Aloha Airlines would increase nonstopservice from Oakland to Kona Hawaii from four to seven days a week. Additionally, they willbegin nonstop service to Kauai four days per week. Sun Trips has announced that it will addadditional international destinations this summer. Director Yoshitani announced that OaklandInternational Airport is the fastest growing International Airport in the Country.

Director Yoshitani congratulated the Finance and Maritime Divisions for receiving the covetedInternational Organization of Standards (ISO 9000) certification. The efforts to receive thecertifications where headed by Fred Rickert of the Finance Division and Jerry Bridges ofMaritime Division.

AIRPORT

Commissioner Tagami reported that the January 13 th meeting of the Aviation Committee hadrecommended for approval, by the full Board, Airport Items 11-19.

A motion to approve the following items was made by Commissioner Tagami andseconded by Commissioner Ayers-Johnson.

11. Approval to Submit an Application to Amend PFC Application Ten to Change theCollection Level from $3.00 to $4.50. (Resolution No. 03001)

12. Approval to Collect and Spend Passenger Facility Charges Passenger Facility Charges(PFC's) Related to the Eleventh PFC Application at Oakland International Airport. (Ordinanceto print)

13. Approval to Submit PFC Application Number 12 to Impose and Use Passenger FacilityCharges at Oakland International Airport. (Resolution No. 03002)

14. Approval of License and Concession Agreement with John J. Vega dba A2Z AircraftServices. (Resolution No. 03003)

15. Authorization to Assign Professional Services Agreement with Roberts, Roach &Associates to Unisys for Specialized Air Service Consulting Services. (Resolution No. 03004)

16. Approval of Agreement to Extend Right-of-Entry and Indemnity Agreement, Approval ofRight-of-entry Agreement with The Boeing Company, and Authorization for Director of Aviationto Execute Both Documents. (Resolution No.03005)

17. Approval of Multi-Year License and Concession Agreement with the RegionalOccupational Program of the Alameda Unified School District (AUSD/ROP) for the Operationof a Food and Beverage Business at Oakland International Airport. (Ordinance to print)

18. Approval of Agreement to Extend Right-of-Entry and Indemnity Agreement with OaklandMuseum of California. (Resolution no. 03006)

19. Authorization to Accept Noise and Navigation Easement from the Chinese ChristianSchool. (Resolution No. 03007)


COMMERCIAL REAL ESTATE

Acting-President Protopappas reported that the January 15th meeting of the Commercial RealEstate Committee had recommended for approval by the full Board Commercial Real EstateItem 22.

A motion to approve the following items was made by Vice-President Scates andseconded by Commissioner Kramer:

22. Approval of License and Concession Agreement with B & R General Roofing, Inc.(Resolution No. 03008)


MARITIME

Commissioner Kramer reported that the previous meeting of the Maritime Committee hadrecommended for approval, by the full Board, Maritime Items 31, 32, 34, 35 & 36

Staff requested that item 33 be pulled and brought back at the next meeting.

33Shoot Piles for the Construction of Berths 32/33 Wharf Rehabilitation P {-Resolution)

A motion to approve the following items was made by Commissioner Kramer andseconded by Commissioner Uribe:

31. Authorization to Enter into an Agreement with JWD Group to Evaluate Truck QueuingTimes at Major Marine Terminals within the Port. (Resolution No. 03009)

32 Approval of Plans and Project Manual and Approval of Initial Study/Negative Declarationof Construe oion of Berths 32/33, Wharf Rehabilitation, Outer Harbor. (Resolution No. 0242003010 Njotr34. Approval of Plans and Project Manual to Construct Railroad Spur and Site Work at JointIntermodal Terminal for Transload Warehouse D-516, Vision 2000. (Resolution No. 03011)

35. Approval of Change Order for Sorting and Processing Port-Furnished Stockpiled SoilMaterial and Approval of Increased Executive Director Change Order Authority to Contract forDemolition of Buildings C-401, C-406, and C-407, Vision 2000. (Resolution No. 03012)

36. Adoption of the Mitigated Negative Declaration/Initial Study and Mitigation Monitoring andReporting Program for the Reconstruction of the Berths 22 Wharf and Reconfiguration ofAdjacent Yards, and Approval of the Reconstruction and Reconfiguration. (Resolution No.03013)


OPERATIONS

Commissioner Ayers-Johnson reported that the January meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Items 41 - 43.

A motion to approve the following items was made by Commissioner Kramer andseconded by Commissioner Uribe:

41. Approval and Authorization to Enter into an Agreement with Oakland Museum ofCalifornia for Management of Public Art at Oakland International Airport. (Resolution No.03014)

Sanjiv Handa spoke on this item

Commissioner Tagami offered an amendment accepted by the makers of the Motion that allvendors comply with the Port's policy specifically the Brown Act and Sunshine Ordinance.

42. Approval and Authorization to Enter into an Agreement with Geoff Dorn for Public ArtConsultant Services. (Resolution No. 03015)

43. Approval to Extend Port of Oakland Surety Bond & Financing Program. (Resolution No.03016)

James Ingram spoke on this item


A motion to approve item 44 was made by Commissioner Ayers-Johnson andseconded by Vice-President Scates:

44. Authorization to Terminate the Month-to-Month Lease with ARTSHIP Foundation.(Resolution No. 03017)

The following individuals spoke in opposition to this item:

Frank Giunta Willie Keys

Thearthur WrightRobin Coomer John Chung Tobey Kaplan

Steve Lowe

Margaret Bertrand

Adam HatchStephen Stout

Carol Pitts Rob March Harper


BUILDING PERMIT APPLICATIONS: ("s")

A motion to approve the following Summary Items was made by CommissionerUribe and seconded by Commissioner Kramer

Building Permit - Continental Airlines, replacement of an existing two-unit self-ticketingcounter in Terminal 1, 01A, with a four-unit self-ticketing counter. Project to include relatedelectrical work and will comply with ADA standards. This project has been determined to beexempt from the requirements of the California Environmental Quality Act pursuant to Class 1,Section 15301(a) and Class 2, Section 15302(c). (Resolution No. 03018)

Final Reading of Port Ordinance No. 3730 Being, "An Ordinance Amending Sections 2 OfPort Ordinance No. 1606 To Provide For Purchase Card Procurement."

Final Reading Port Ordinance No. 3731 Being, "An Ordinance Amending Port Ordinance No.867, Adding New Sections 13.4 And 13.7."


OPEN FORUM

Sanjiv Handa and James Ingram spoke in Open Forum.

CLOSED SESSION

The Board re-entered closed session at 5:40 p.m.

ADJOURNMENT

At the hour of 7:05 p.m., there being no further business the Board Adjourned byconsensus.

John T. BettertonSecretary of the Board

COMMISSIONERS









TELEPHONE: (510) 627-1100

APPROVED

MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, February 4 th , 2003 - 3:00 PM

ROLL CALL

The Secretary called the roll at 3:10 p.m. and the following Commissioners were in attendance:

Commissioner Ayers-Johnson, Vice-President Scates, Commissioner Uribe, and Acting-President Protopappas

President Kiang and Commissioner Kramer were excused.

Acting President Protopappas called the Board into session at 3:12 p.m.

Commissioner Tagami joined the meeting at 3:15 p.m.

CLOSED SESSION

Port Attorney David Alexander suggested that the Board enter into Closed Session to discussthe items disclosed in the Executive Committee. They were:

1. Conference With Legal Counsel – Existing Litigation. Pursuant To Subdivision (A)Of Section 54956.9.:

City of Oakland v. United Public Employees Local 790 AFL-CIO, Alameda CountySuperior Court

City of Oakland, et al., v. Syufy Enterprises, L.P. Oakland Municipal Court Action No.036830

Carolyn Frazier v. Port of Oakland, et al. Court of Appeal Case No. A095843

2. Conference With Legal Counsel - Anticipated Litigation. Significant Exposure ToLitigation Pursuant To Subdivision (B) Of Section 54956.9: 3 Matters

3. Conference With Legal Counsel – Anticipated Litigation. Initiation Of LitigationPursuant To Subdivision (C) Of Section 54956.9: 1 Matter.

OPEN SESSION

Acting President Protopappas called the Board into Open Session at 4:10 p.m.

Commissioner Ayers-Johnson requested that the meeting be adjourned in memory of theColumbia Astronauts.

Port Attorney David Alexander reported that the Board had approved by consensus aSettlement and Release with Praxair Corporation (Resolution 03041)

He also stated that the Board had not completed review of all closed session items and wouldneed a second closed session after the Open Forum.


Executive Director Tay Yoshitani reported the following:

The Port staff along with Commissioners Tagami and Ayers-Johnson hosted a meeting formore than 400 engineers, builders and truckers. The meeting was designed to give potentialparticipants in the Terminal Expansion Project the opportunity to meet with the Prime BuilderCandidates. The meeting was taped by KTOP and will be broadcast February 10th.

The Port has established an employee purchase plan for alternative fuel vehicles. Portemployee, Renee Dowlin, negotiated an agreement with a local Honda dealership to give a$3000.00 discount to Port Employees for purchase of new Honda Civic Gas/Electric HybridVehicles. The Port will also allow employees to use their personal development accountstowards purchase of these vehicles.

On a recommendation from the Director, Port staff will implement a photography contest opento Port employees and judged by the Board. All photographs will feature the Port or itsemployees and will be used in a calendar to be distributed to all Port clients.

President Bush published his Budget request, which contained 7 million dollars for the Port.The amount while substantial was less than requested. The Port looks forward to working withthe Bay Area Congressional delegation to increase the amount during the upcoming Budgetdiscussions.

AUDIT, BUDGET & FINANACE COMMITTEE REPORT

Vice-President Scates reported on the January 23 rd and February 4th meetings of the Audit,Budget & Finance Committee.

AIRPORT

Commissioner Tagami reported that the January 27 th meeting of the Aviation Committee hadrecommended for approval, by the full Board, Airport Items 11-16.

Staff requested that item 15 be pulled and brought back at the next meeting.

15. Authorization to Dispense with Standard Bidding Procedures to Solicit Design Build


11. Approval to New License and Concession Agreement with JetBlue AirwaysCorporation (1 Alan Shepard Way, South Airport). (Resolution 03022)

12. Ratification of Submittal of Application to Federal Aviation Administration (FAA).(Resolution 03023)

13. Award of Contract for Furnishing Service and Maintenance for Passenger LoadingBridges for the Period Commencing January 1, 2003, and Ending December 31, 2003,South Field, OIA. (Resolution 03024)

14. Award of Contract for Removal of Rubber Deposits from Runways for the PeriodCommencina January 1. 2003 and Endina Februar y 28. 2004. 2005 or 2006. OIA.(Resolution 03025)

16. Ratification of Authorization to Dispense with Standard Bidding Procedures forRepair of Taxiway U, OIA. (Resolution 03026)

The motion carried by the following votes: (5) Ayes: Commissioner Ayers-Johnson, Vice-President Scates, Commissioner Tagami, Commissioner Uribe andActing-President Protopappas; (2) Absent: Commissioner Kramer and PresidentKiang

MARITIME

Commissioner Uribe reported that the January 30 th meeting of the Maritime Committee hadrecommended for approval, by the full Board, Maritime Items 31-33.

A motion to approve the following items was made by Commissioner Uirbe andseconded by Vice-President Scates:

31. Authorization to Execute a First Supplemental Agreement between the Port ofOakland and KGO-AM Radio Inc.; AMFM Ohio; and Oro Spanish Broadcasting, Inc., toReduce the Size of Their Leased Premises. (Resolution 03027)

32. Approval of a Professional Services Agreement with Terry Lim to Provide GraphicDesign Services for the Middle Harbor Shoreline Park Interpretive Program.(Resolution 03028)

33. Ratification of Change of Bid Date and Addendum, and Award of ProcurementContract for Sheet Piles for the Construction of Berths 32/33 Wharf RehabilitationProject, Outer Harbor. (Resolution 03029)


OPERATIONS

Commissioner Ayers-Johnson reported that the January 28 th meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Items 41 - 52.

Staff requested that item 5'1 be pulled and brought back at the next meeting.

51. Authorization to Enter into Contracts with Two Additional Non SBE Bidders for Furnishing

December 31, 2003, 200'1 or 2005

A motion to approve the following items was made by Commissioner AyersJohnson and seconded by Commissioner Tagami:

4'1. Recommended Approval of Policy on Unsolicited Proposals. (Resolution 03030)

42. Approval to Enter into an Agreement with Alonza Robertson for ContinuedCommunications Consulting. (Resolution 03031)

43. Approval and Authorization to enter into an Agreement with 2Plus2 Partners for theDevelopment of an Online Permit Program for Hazardous Materials for the MaritimeDivision. (Resolution 03032)

44. Approval of Government Affairs Consultant Services with Fatima Kassam.(Resolution 03033)

45. Resolution in Support of Bay Bridge Toll Increase Funding. (Resolution 03034 &03035)

Thomas Bertken spoke in favor of item 45.

Commissioner Tagami offered an amendment to the Resolution, which was acceptedby the Board, requesting that separate resolutions be adopted for the toll increase andthe funding.

46. Approval to Enter into an Agreement with KTVU Fox 2 to Participate in StrategicMarketing Campaign. (Resolution 03036)

47. Request for Approval of Communications Consulting Services with DEFCommunications. (Resolution 03037)

48. Authorization to Include the Contract for Furnishing Labor, Materials and Equipmentfor Emergency and General Roof Repairs for Port of Oakland Facilities for the PeriodCommencing April 1, 2003, and Ending May 31, 2004, 2005 or 2006, in the Port's SmallBusiness Program. (Resolution 03038)

49. Approval of First Supplemental Agreement with Charles F. Jennings Architects forOn-Call Architectural and Engineering Services. (Resolution 03039)

50. Approval of Professional Services Agreement with Kamer Consulting Group toAssist in Planning and Training of the Port's Emergency Response to Natural or Man-made Disasters. (Resolution 03040)

52. Creation of Salary Schedule in Representation Unit C; Creation ofClassifications/Positions; and Title Changes and Change in Representation Unit.(Ordinance to print)


SUMMARY ITEMS

A motion to approve the following Summary Items was made by CommissionerTagami and seconded by Commissioner Ayers-Johnson

Final Reading of Port Ordinance No. 3732 Being, "An Ordinance Establishing APassenger Facility Charge And Amending Section 28 To Port Ordinance No. 3634Relating To Charges For Use Of Facilities At The Metropolitan Oakland InternationalAirport, And Making Certain Findings And Determinations In Connection Therewith."

Final Reading of Port Ordinance No. 3733 Being, "An Ordinance Approving AndAuthorizing Execution Of A Multi-Year License And Concession Agreement With TheRegional Occupational Program Of The Alameda Unified School District And DirectingRecordation Thereof."


APPROVAL OF MINUTES

A motion to approve the minutes of the Regular Meeting of November 5, 2002;Regular Meeting of November 19, 2002; Regular Meeting of December 3, 2002 wasmade by Commissioner Ayers-Johnson and seconded by Vice-President Scates:

The motion carried by consensus.

OPEN FORUM

Sanjiv Handa spoke in Open Forum.

CLOSED SESSION

The Board re-entered closed session at 5:40 p.m.

ADJOURNMENT

At the hour of 5:50 p.m., there being no further business the Board Adjourned inmemory of the Seven Astronauts lost aboard the Space Shuttle Columbia.


COMMISSIONERS









TELEPHONE: (510) 627-1100

APPROVED

MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, February 18 th , 2003 - 3:00 PM

ROLL CALL

President Kiang called the meeting to order at 3:12 p.m.

The following Commissioners were in attendance:

Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates,Commissioner Uribe, and President Kiang

Vice—President Protopappas was excused.

Commissioner Tagami joined the meeting at 3:25 p.m.

CLOSED SESSION

Port Attorney David Alexander reported that no final decisions where made in closed session.

OPEN SESSION

President Kiang called the Board into Open Session at 4:35 p.m.

PRESIDENT'S REPORT

President Kiang reported that the House and Senate had passed an appropriations billauthorizing 12 million dollars for the Port. This funding is critical for the next phase of the 50 ftdredging project.

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Board Meeting MinutesFebruary 18, 2003



He is serving as the East Bay Chairman of the March of Dimes WalkAmerica Campaign.Mayor Jerry Brown is serving as the honorary chair. The walk will be held on April 26 th and thegoal is to raise $200,000.

City Councilmember, Jean Quan, will tour the Port and its facilities on February 18 th . A similarbriefing and tour was provided in November for Councilmember elect Desley Brooks.

At the recent Pan Pacific Conference hosted by the Port Of Oakland we negotiated with ourSister Port in Melbourne Australia a staff exchange. A staff member will be selected from eachport on the basis of a research proposal. Upon their return to their home port, they willcomplete the research papers, and the results will be shared between the Port of Oakland andthe Melbourne Port Corporation.

AIRPORT

Commissioner Tagami reported that the January 27 th meeting of the Aviation Committee hadrecommended for approval, by the full Board, Airport Item 11.


11. Authorization to Dispense with Standard Bidding Procedures to Solicit Proposalsfor Design-Build for Construction of Neil Armstrong Way Employee Parking Lot, SouthField, 01A. (Resolution 03043)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates, Commissioner Tagami,Commissioner Uribe and President Kiang; (1) Absent: Vice-President Protopappas


Vice-President Scates reported that the February 5th meeting of the Commercial Real EstateCommittee had recommended for approval, by the full Board Items 21 and 22.

A motion to approve the following items was made by Vice-President Scates andseconded by Commissioner Tagami.

21. Metroport: Certification of Final Environmental Impact Report, and Approval ofDevelopment Permit and Related Environmental Documents. (Resolution 03044)

Leslie Gould. Bill Salmon and Sanjiv Handa spoke on this item.

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22. Approval of Ordinance Establishing Valet Rates for Jack London Square.(Ordinance to Print)

Port Employee Joyce Washington gave a brief report on the Valet Rates.


MARITIME

Commissioner Uribe reported that the January 30 th meeting of the Maritime Committee hadrecommended for approval, by the full Board, Maritime Items 31-36.

A motion to approve the following items was made by Commissioner Kramer andseconded by Commissioner Tagami:

31. Approval of New Contract for Consultant to Provide Instruction and RelatedActivities for Maritime Division's Maritime Training Programs. (Resolution 03057)

32. Authorization for the Executive Director to Enter into a Professional ServiceAgreement with SynchroNet Marine, Inc. to Provide a Computerized Truck CongestionManagement and Empty Container Street-Turn System. (Resolution 03045)

Bryan Maney, Paul Larking and Bill Aboudi spoke on item 32.

33. Recommendation Regarding Berths 57-59 Agreement with SSAT: Approval ofDelivery of +/- 18.75 Acre Parcel to SSAT and of Amendments to AgreementRegarding the Parcel, Adjustment to Minimum Annual Guarantee for First Contractyear and Modification of Primary Use Provisions. (Resolution 03046)

34. Authorization to Execute a Supplemental Agreement with Ricondo & Associatesand a Professional Services Agreement with Hartmann & Associates to Study FlightProcedure Modifications at Oakland International Airport to Resolve Potential Conflictswith Inner Harbor Cranes and Make Appropriate Modifications to Flight ProcedureRestrictions at Oakland International Airport. (Resolutions 03047 & 03048)

35. Approval of Professional Services Agreement for the Terminal Planning Consultant,Maritime Development Plan. (Resolution 03049)

36. Approval of Professional Services Agreement for the Roadway Planning and TrafficAnalysis Consultant, Maritime Development Plan. (Resolution 03050)

Commissioner Kramer participated in discussion of the proceeding items was but out of theroom during the recording of the vote.

Page 3 of 5


The motion carried by the following votes: (5) Ayes: Commissioner Ayers-Johnson,Vice-President Scates, Commissioner Tagami, Commissioner Uribe and PresidentKiang; (2) Absent: Commissioner Kramer and Vice-President Protopappas

OPERATIONS

Commissioner Ayers-Johnson reported that the January 28 th meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Items 41 and 42.

A motion to approve the following items was made by Commissioner AyersJohnson and seconded by Vice-President Scates:

41. Authorization to Enter into Contracts with Two Additional Non-SBE Bidders forFurnishing Labor, Materials and Equipment for Paving, Grading and Associated GeneralContractor Services for Port of Oakland Facilities for the Period Commencing December1, 2002, and Ending December 31, 2003, 2004 or 2005. (Resolution 03051)

42. Authorization to Reallocate Budgeted Funds for Materials Testing and ConstructionInspection Services for Port of Oakland Engineering Construction Projects. (Resolution03052)


APPROVAL OF MINUTES

A motion to approve the Minutes of the Regular meeting of February 4, 2003 wasmade by Commissioner Kramer and seconded by Commissioner Uribe:


SUMMARY ITEMS

A motion to approve the following Summary Items was made by Vice-PresidentScates and seconded by Commissioner Kramer:

Building Permit - California Electric Inc. of behalf of SSA Terminals LLC (tenant), 1999Middle Harbor Road, Berths 57, 58 & 59, construction of an additional traffic lane at theoutbound gate, installation of monitoring equipment for refrigerated containers,additional power supply for security equipment, and improvements to the security gate.This project has been determined to be exempt from the requirements of the CaliforniaEnvironmental Quality Act pursuant to Class 1, Section 15301. (Resolution 03053)

Building Permit - AT&T Wireless (sub-tenant of Crown Castle USA), 107 Burma Road,installation of four (4) cellular telephone antennas on the rooftop of an existing AT&T

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equipment shelter. This project has been determined to be exempt from therequirements of the California Environmental Quality Act pursuant to Class 1, Section15301. (Resolution 03054)

Building Permit - TransSystems Corporation on behalf of Federal Express Inc., 1 SallyRide Way (M114), install three (3) pre-fabricated booths on the FED EX ramp area tostore equipment used for aircraft gate support. This project has been determined to beexempt from the requirements of the California Environmental Quality Act pursuant toClass 3, Section 15303 (e). (Resolution 03055)

Building Permit - JetBlue Airways Corporation, 1 Allan Shephard, Air Cargo BuildingM-112, remodel existing space within the Air Cargo building to serve as provisioningarea for airline. Construct new partition walls within space to create separated storageareas, restroom, and office spaces. Repair or replace exterior doors at front and rearand install new stairs and wheelchair lift to landside entrance. Install new ceilings oversome areas, install restroom fixtures, new lighting. This project has been determined tobe exempt from the requirements of the California Environmental Quality Act pursuantto Class 1, Section 15301 (a). (Resolution 03056)

Final Reading - of Port Ordinance No.3734 being "An Ordinance Amending PortOrdinance No. 867 Amending Certain Sections Relating To New Salary Schedule, NewAnd Additional Positions And Title Changes."


OPEN FORUM


ADJOURNMENT

At the hour of 5:20 p.m., there being no further business the Board Adjourned byconsensus.


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COIVIMISSIONERS









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APPROVED

MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, March 4th, 2003 - 3:00 PM

ROLL CALL



Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang

CLOSED SESSION

Port Attorney, David Alexander, reported that the Board had unanimously approved, in ClosedSession, the following Items:

Port of Oakland v. ExxonMobil Oil Corp., U.S. Dist. Court, N.D. Cal., Case No.CO22968 MPH (Resolution 03072)

National Car Rental Systems, Inc., U.S. Bankruptcy Court District of Delaware Case No. 01-11229-MFVV jointly administered in Case No. 01-11200-MFW. (Resolution 03071)

A Resolution authorizing a Tolling Agreement with Phoenix Iron Works_(Resolution 03070)

OPEN SESSION


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Board Meeting MinutesMarch 4, 2003

PRESIDENT'S REPORT

President Kiang thanked Vice-President Protopappas for assuming the duties of Presidentduring his recent leave.



The Port hosted its tenants on February 28th for the Business Advisory Forum. Jim Fa laschiof Jack London Square Partners was the guest speaker. Approximately 80 peopleattended this annual event.

The Asian Employee Association will hold its Annual Lunar New Year's Dinner/Fundraiser onFriday March 7th

The Port sponsored a number of events celebrating Black History Month. The ExecutiveDirector noted the special efforts of Port Employee Frederick Walton.

AIRPORT

Commissioner Tagami reported that the February 24 th meeting of the Aviation Committee hadrecommended for approval, by the full Board, Airport Items 11- 14.

A motion to approve the following items was made by CommissionerTagami and seconded by Commissioner Ayers-Johnson.

11. Approval of Supplemental License Agreement No. 2 with the United States ofAmerica, Development of Commerce, National Oceanic and AtmosphericAdministration (#1 Airport Drive, South Airport). (Resolution 03058)

12. Approval of Agreement to Extend Right-of-Entry and Indemnity Agreement,Approval of Right-of-Entry and Indemnity Agreement with Parsons TransportationGroup, Inc., and Authorization for Director of Aviation to Execute Both Documents (#1Airport Drive, South Airport). (Resolution 03059)

13. Contract with Lloyd W. Aubry Co. for Acquisition and Installation ofBaggage Display System. (Resolution 03060)

14. Approval of Plans and Project Manual for Enhancement of Damon Slough WetlandMitigation Site. (Resolution 03061)

The motion carried by the following votes: (7) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe andPresident Kiang

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15. Acceptance of Boeing 727-100 Aircraft Donated by the FedEx Corporation. (Resolution03062)

The Board Secretary announced that this item became known to staff after the publication ofthe Board Calendar, and required urgent attention. An Agenda Sheet reporting on the itemwas made available to the Commissioners and the assembled public.

A motion to hear Item 15 was made by Commissioner Kramer andseconded by Vice-President Scates.


A motion to approve Item 15 was made by Commissioner Tagami andseconded by Commissioner Kramer.


MARITIME C:OIVIIVIITTFF IRFPnIRT

Commissioner Kramer reported that the February 27th meeting of the Maritime Committeehad recommended for approval, by the full Board Items 31 through 33.

A motion to approve the following items was made by CommissionerKramer and seconded by Commissioner Uribe.

31. Ratification of Change Order to Contract for Demolition of Center Wing and Core ofBuilding D-833, Vision 2000 – Delete Bid Item #8, All Electrical Work, and Modification ofChange Order Authority Limit. (Resolution 03063)

32. Approval of Professional Services Agreement for the Railroad Operations and PlanningConsultant, Maritime Development Plan. (Resolution 03064)

33. Authority to Exercise Option to Purchase One Container Crane from Zhenhua PortMachinery Co., Ltd. (ZPMC), and Approval of Contract Change Order to Purchase OneAdditional Crane, and Authorization to Increase Amounts Payable Under Two RelatedProfessional Services Agreements. (Resolutions 03065, 03066, 03067)


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OPERATIONS

Commissioner Ayers-Johnson reported that the February 25th meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Item 41.

A motion to approve the following items was made by CommissionerAyers Johnson and seconded by Commissioner Kramer:

41. Personnel Items: Title Changes. (Ordinance to print)

The motion carried by the following votes: (7) Ayes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe andPresident Kiang

Vice-President Scates reported on the January 23rd meeting of the Audit, Budget & FinanceCommittee. Additionally she reported that the Board had discussed in Closed Session Item42.

A motion to approve the following items was made by Vice-PresidentScates and seconded by Vice-President Protopappas:

42. Internal Review Protocol. (Resolution 03068)


APPROVAL OF MINUTES

A motion to approve the Minutes of the Regular Meeting of February 18,2003 was made by Commissioner Uribe and seconded by Vice-PresidentScates.


SUMMARY ITEMS

A motion to approve the following Summary Items was made byCommissioner Uribe and seconded by Vice-President Scates:

Building Permit - Arrow Sign Company of behalf of SSA Terminals LLC (tenant), 1999Middle Harbor Road, Berth 57, 58 & 59, installation of six additional directional andinformational signs for the Berth 57, 58 & 59 terminal complex. This project has beendetermined to be exempt from the requirements of the California Environmental QualityAct pursuant to Class 1, Section 13501 of the CEQA Guidelines. (Resolution 03069)

Page 4 of 5


Final Reading - Port Ordinance No. 3735 Being, "An Ordinance Amending PortOrdinance No. 3044, Establishing Valet Parking Rates For Jack London Square."


OPEN FORUM


ADJOURNMENT

At the hour of 5:12 p.m., there being no further business the BoardAdjourned..


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COMMISSIONERS









TELEPHONE (510) 627-1100

APPROVED MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, March 18th, 2003 - 3:00 PM

ROLL CALL



Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President Protopappas, Vice-President Scates, Commissioner Tagami, Commissioner Uribe, and President Kiang

CLOSED SESSION

The Board entered into Closed Session to consider the following items:

1. Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) ofSection 54956.9. Names of case:

Berkeley Jets Over the Bay, et al. v. Port of Oakland, et al., California Court of AppealCase Nos. A086708/A087959/089660*

2. Conference With Legal Counsel - Anticipated Litigation. Significant exposure tolitigation pursuant to subdivision (b) of Section 54956.9: 4 matters

OPEN SESSION


Page 1 of 5


CLOSED SESSION REPORT

Port Attorney, David Alexander, reported that there were no final actions taken in ClosedSession.

PRESIDENT'S REPORT

President Kiang reported that the Port had accepted a decommissioned Boeing 727 fromFederal Express. The plane will be used for training and safety exercises. The engines will bedonated to the College of Alameda's Aviation Technology Program.

President Kiang also reported that four firms had submitted their qualifications for the TerminalExpansion Program. They where: Hensel-Phelps, Turner Construction Company, Parsons-Clark joint venture and Austin-Swinerton joint venture.



The Port hosted a signing ceremony for the administrative transfer of the Middle HarborShoreline Park from the Port of Oakland to the East Bay Regional Park District.

The Executive Office received fourteen research proposals for the staff exchange with theMelbourne Port Corporation.

The Port Of Oakland participated in a job-shadowing program with the Media and BroadcastAcademy at Fremont High School. Fifteen students participated in the program.

In light of the Code Orange warning issued by the Department of Homeland Security, theExecutive Director called on Aviation Director, Steve Grossman and Maritime Director, JerryBridges to give updates on security in their Divisions.

AIRPORT

The Staff pulled item 11 from the Agenda.

11. PULLED First-Rea ■ e e -nanee-Approving-Amenclments to Airport Rulcs &Regulations and-Ameneli oRs-ln • • - erating-ASpace/U-se-Pemilt (Annex A). (Orclinanee-)

Commissioner Tagami reported that the December 3, 2002 meeting of the Aviation Committeehad recommended for approval, by the full Board, Airport Item 12.


12. An Ordinance Authorizing, Approving And Executing A Lease Supplement With TheUnited States of America, Department Of Transportation, Federal Aviation Administration.

Page 2 of 5



COMMERCIAL REAL ESTATE COMMITTEE REPORT

Vice-President Protopappas reported that the March 5th meeting of the Commercial RealEstate Committee had recommended for approval, by the full Board, Item 21.

A motion to approve the following items was made by Vice-PresidentProtopappas and seconded by Vice-President Scates.

21. An Ordinance Approving And Authorizing Execution Of Lease With The City Of OaklandFor The Development And Operation of The Union Point Park.


A motion to approve the following items was made by Vice-PresidentScates and seconded by Commissioner Tagami.

Vice-President Protopappas recused himself from consideration of thisitem.

22. Approving And Authorizing Execution Of Exclusive Negotiating Agreement With FoodSpecialists, Inc. (Resolution No. 03073)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates, CommissionerTagami, Commissioner Uribe and President Kiang (1) Absent: Vice-President Protopappas

MARITIME COMMITTEE REPORT

Commissioner Kramer reported that the previous meeting of the Maritime Committee hadrecommended for approval, by the full Board Item 31.


Page 3 of 5


31. Finding And Determining That A Proposed First Supplemental Agreement WithWorldwide Quality Assurance Ltd. For Consulting Services Constitutes Professional, TechnicalAnd Specialized Services That Are Temporary In Nature, Waiving Competitive Bidding AndAuthorizing Execution Of Said Supplemental Agreement. (Resolution No. 03074)


OPERATIONS

Commissioner Ayers-Johnson reported that the February 25th meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Items 41 - 44.


41. Approving Hans And Specifications For Performing Emergency Spill Response OrEmergency Repairs In A Hazardous Environment For Port Of Oakland Facilities For ThePeriod Commencing July 1, 2003 And Ending June 30, 2004, 2005 Or 2006, Oakland,California, And Calling For Bids Therefore. (Resolution No. 03075)

42. Approving Plans And Specifications For Removal And Disposal Of Hazardous Waste,Designated Waste, Universal Waste, And Other Contaminated Materials For The PeriodCommencing July 1, 2003 And Ending June 30, 2004, 2005 Or 2006, Oakland, California AndCalling For Bids. (Resolution No. 03076)

43. Finding And Determining That A Proposed Agreement With Moffatt & Nichol EngineersFor Consulting Services Constitutes Professional, Technical And Specialized Services ThatAre Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution OfAgreement. (Resolution No. 03077)

44. Approving And Authorizing Execution Of A Polling Agreement Schedule CoordinationProgram Agreement And Related Agreements Thereto Between The Port And The NorthernCalifornia Power Agency ("NCPA") And A Joint Interconnection Agreement With NCPA AndThe Pacific Gas & Electric Co. ("PG&E") To Provide For Electrical Interconnection To ThePort's Electrical System. (Resolution No. 03078)


Page 4 of 5


The Board pulled item 45 from the Agenda.

11. PULLED Arming-A-nd Estabij-shing-A--C-ommunity Oversight--Comrnittoe. (Resolution •No. 03079)

APPROVAL OF MINUTES

A motion to approve the Minutes of the Regular Meeting of March 4, 2003was made by Vice-President Protopappas and seconded by.Commissioner Uribe.


SUMMARY ITEMS

A motion to approve the following Summary Item was made byCommissioner Kramer and seconded by Vice-President Scates:

Final Reading - Port Ordinance No. 3736 - An Ordinance Amending Port OrdinanceNo. 867, Amending Certain Sections Relating To Title Changes


OPEN FORUM

Sanjiv Handa of the East Bay News Service spoke in Open Forum.

ADJOURNMENT

At the hour of 4:30 p.m., there being no further business the BoardAdjourned.


Page 5 of 5

COMMISSIONERS









TELEPHONE: (510) 627-1100

APPROVED

MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, April 1, 2003 - 3:00 PM

ROLL CALL



Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates,Commissioner Tagami, and President Kiang

Vice–President Protopappas and Commissioner Uribe were excused.

CLOSED SESSION



Pacific Coast Building Products v. Lumbermen Mutual Casualty Company, AlamedaCounty Superior Court Case No. 2001-024620

Port of Oakland v. Pacific Insurance Co., et al., Alameda County Superior Court CaseNo. 2002-065270


Page 1 of 7

April 1, 2003Board Meeting Minutes

OPEN SESSION



Port Attorney, David Alexander, reported that there were no final actions taken in ClosedSession.

PRESIDENT'S REPORT

President Kiang reported that he, Vice-President Scates, Executive Director Yoshitani, andMaritime Director Bridges had attended the American Association of Port Authorities AnnualLegislative Conference in Washington D.C.

While in Washington, they also attended with Aviation Director Grossman events inconjunction with the Annual Conference of the American Association of Airport Executives andthe Airport's Council International.

President Kiang reported that the Metropolitan Golf Links (formerly known as Galbraith GolfCourse) would have its grand opening on Monday, April 14th.



Three Port employees have been called to active duty: Matthew Willingham, Carl Nagata andPeter Lee.

The Port of Oakland is a sponsor, and he is the Chairman of this years' March of Dimes WalkAmerica Campaign. The event will take place on April 26 th , 2003.

Port employee, Anne Henny, was selected for the Melbourne Staff exchange program.

CITY/PORT LIAISON COMMITTEE REPORT

President Kiang reported on the March 28 th City/Port Liaison Committee Meeting held at CityHall. In a special three-hour meeting City Staff, Port Staff and Community BasedOrganizations reported on workforce development and utilization in Oakland.

AIRPORT

Commissioner Tagami reported that the March 31 st meeting of the Aviation Committee hadrecommended for approval, by the full Board, Airport Items 11 - 18.

A motion to approve Items 11, 12, 13, 14, 15, 17 and 18 was made byCommissioner Tagami and seconded by Commissioner Ayers-Johnson.

Page 2 of 7


11. Approving And Authorizing Of A Certain License And Concession Agreement With RuiCanha Doing Business As American Building Service. (Resolution No. 03081)

12. Approving And Authorizing Execution Of A License And Concession Agreement WithKeiser And Associates, Inc. (Resolution No. 03082)

13. Approving And Authorizing Execution Of A Certain License And Concession AgreementWith Ross Investments, Inc. (Resolution No. 03083)

14. An Ordinance Establishing A Passenger Facility Charge And Amending Section 21 ToPort Ordinance No. 3634 Relating To Charges For Use Of Facilities At Metropolitan OaklandInternational Airport, And Making Certain Findings And Determinations In ConnectionTherewith.

15. An Ordinance Amending Port Ordinance No. 3634 Relating To Landing And TenantTerminal Space Rental Fees At Metropolitan Oakland International Airport.

17. Finding And Determining That A Proposed Agreement With URS Corporation DoingBusiness In California As URS Corporation Americas For Consulting Services ConstitutesProfessional, Technical And Specialized Services That Are Temporary In Nature, WaivingCompetitive Bidding And Authorizing Execution Of Agreement. (Resolution No, 03085)

18. Finding And Determining That A Proposed Agreement With Jada Consultants, LLC ForConsulting Services Constitutes Professional, Technical And Specialized Services That AreTemporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of Agreement.(Resolution No. 0308)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates, CommissionerTagami and President Kiang (2) Absent: Vice-President Protopappas andCommissioner Uribe

A motion to approve Item 16 was made by Commissioner Tagami andseconded by Commissioner Ayers-Johnson.

16. Approving Hearing Officer's Recommendation To Reject All Bids For Upgrade Of EnergyManagement Control System At Terminals I And II, South Field, Oakland International Airport,Oakland, California; Directing Return Of Bid Bonds To Bidders; And Authorizing A Contract InThe Open Market Without Lowest-Sealed Bid Procedures. (Resolution No. 03084)

Gay Yamigiwa and Jefferey Sprat' of Johnson Controls spoke against approval of theResolution

Page 3 of 7


The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates, CommissionerTagami and President Kiang (2) Absent: Vice-President Protopappas andCommissioner Uribe

COMMERCIAL REAL ESTATE COMMITTEE REPORT

Vice-President Scates reported that the Commercial Real Estate Committee had previouslyrecommended for approval, by the full Board, Item 21.

A motion to approve the following item was made by Vice-PresidentProtopappas and seconded by Vice-President Scates:

21. Rejecting The Two Current Marina Proposals/Bids And Approving The Re-Issuance Of ARevised Request For Proposals For The Lease And Operation Of The Port Of Oakland'sRecreational Marinas. (Resolution No.03087)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates, Commissioner Tagamiand President Kiang (2) Absent: Vice-President Protopappas and CommissionerUribe


Commissioner Kramer announced that Staff had pulled from consideration Item 33.

33,4uthe-rization to Prepare and Execute Agreements with Planning Consultants for PeerRevie pmcnt Plan. (Resol-uti-en-}

Commissioner Kramer reported that the March 27 th meeting of the Maritime Committee hadrecommended for approval, by the full Board Items 31, 32, 34, 35 and 36.

A motion to approve the following items was made by CommissionerKramer and seconded by Commissioner Tagami.

31. Requesting The City Council To Vacate Ferro Street, Oakland, California. (ResolutionNo. 03088)

32. Approving And Ratifying Issuance Of Change Orders For Contract With O.C. Jones &Sons, Inc., For The Realignment Of Langley Street And Widening Of Doolittle Drive, NorthField, Oakland International Airport, Oakland, California. (Resolution No. 03089)

34, Approving And Ratifying Reimbursement To The East Bay Municipal Utility District ForAdditional Costs Associated With Design And Construction For The Relocation Of An ExistingNavy Force Main And Gravity Sanitary Sewer. (Resolution No. 03090)

Page 4 of 7


35. Approving And Authorizing Execution Of Amended Agreement With Bay Ship & Yacht Co.For Relocation Resulting From Inner Harbor Turning Basin –50' Dredging Project Construction.(Resolution No. 03091)

36. Approving And Authorizing Payments To Qualifying Tenants For Relocation Claims AsRequired Y Construction Of The Inner Harbor Turning Basin (-50 Foot Project) And NecessaryInstrument(s) To Effect Said Payments Therefor. (Resolution No. 03092); and

36. Finding And Determining That A Proposed Agreement With Coates Field Service, Inc. ForConsulting Services Constitutes Professional, Technical And Specialized Services That AreTemporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of Agreement.(Resolution No. 03093)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Scates, Commissioner Tagamiand President Kiang (2) Absent: Vice-President Protopappas and CommissionerUribe

OPERATIONS

Commissioner Ayers-Johnson reported that the March 25th meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Items 41 - 43.


41. Extending Certain Pay And Benefits To Port Of Oakland Employee Members Of TheMilitary Reserve Recalled To Active Duty In Response To The Events Of September 11, 2001.(Resolution No. 03094)

42. An Ordinance Amending Port Ordinance No. 867, Amending Section 2.01 And AddingSection 10.052

43. Approving Plans And Specifications For Furnishing Pile Driver Crew For Repairs To PortOf Oakland Docks And Waterfront Facilities For The Period Commencing June 1, 2003 AndEnding May 31, 2004, 2005 Or 2006, Oakland, California, And Calling For Bids Therefor.(Resolution No. 03095)

The motion carried by the following votes: (6) Ayes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Scates,Commissioner Tagami and President Kiang (2) Absent: Vice-PresidentProtopappas and Commissioner Uribe

Commissioner Ayers-Johnson announced that staff had pulled from considerationItem 44.

Page 5 of 7


44. ncoring to Exercise the Third ical g Services. (Resolution)

Commissioner Scates reported that the March 20th meeting of the Audit, Budget & FinanceCommittee had recommended for approval, by the full Board, Operations Items 45 - 48.

45. Finding And Determining That A Proposed First Supplemental Agreement With Becky L.Taylor, An Individual, Doing Business As BLT Associates For Consulting Services ConstitutesProfessional, Technical And Specialized Services That Are Temporary In Nature, WaivingCompetitive Bidding And Authorizing Execution Of Agreement. (Resolution No. 03096)

46. First reading of An Ordinance Amending Section 2 Of Port Ordinance No. 1606 To ProvideFor Purchasing – Card Procurement

47. Finding And Determining That A Proposed Second Supplemental Agreement With DavidJ. Davis, An Individual, Doing Business As D Squared Business Consulting For ConsultingServices Constitutes Professional, Technical And Specialized Services That Are Temporary InNature, Waiving Competitive Bidding And Authorizing Execution Of Said SupplementalAgreement. (Resolution No. 03097)

48. Finding And Determining That A Proposed Agreement With DMG-Maximus, Inc. ForConsulting Services Constitutes Professional, Technical And Specialized Services That AreTemporary In Nature, Waiving Competitive Bidding And Authorizing Execution Of Agreement.(Resolution No. 03098)

The motion carried by the following votes: (6) Ayes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Scates,Commissioner Tagami and President Kiang (2) Absent: Vice-PresidentProtopappas and Commissioner Uribe

APPROVAL OF MINUTES

A motion to approve the Minutes of the Regular Meeting of March 18, 2003was made by Vice-President Scates and seconded by CommissionerAyers-Johnson.


SUMMARY ITEMS

A motion to approve the following Summary Items was made by Vice-President Scates and seconded by Commissioner Kramer:

Final Reading - Port Ordinance No. 3737 being, "An Ordinance Authorizing, ApprovingAnd Executing A Lease Supplement With The United States Of America, Department OfTransportation, Federal Aviation Administration."

Page 6 of 7


Final Reading - Port Ordinance No. 3738 being, "An Ordinance Approving AndAuthorizing Execution Of Lease With The City Of Oakland For The Development AndOperation Of The Union Point Park."


OPEN FORUM

Sanjiv Handa of the East Bay News Service spoke in Open Forum.

ADJOURNMENT


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COMMISSIONERS









TELEPHONE: (510) 627-1100

APPROVED

MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, April 15, 2003 - 3:00 PM

ROLL CALL


Tho fnlinwinn rnmmiccinnore xmoro in attonrianno•

Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President Protopappas, Vice-President Scates, Commissioner Uribe, and President Kiang

Commissioner Tagami was excused.

Executive Director Tay Yoshitani was excused

CLOSED SESSION



Pacific Coast Building Products v. Lumbermen Mutual Casualty Company, AlamedaCounty Superior Court Case No. 2001-024620

Port of Oakland v. Pacific Insurance Co., et al., Alameda County Superior Court CaseNo. 2002-065270


Page 1 of 5


OPEN SESSION



Port Attorney, David Alexander, asked the Secretary to report on final actions taken inClosed Session:

The Board approved unanimously the following Resolutions:

Authorizing And Approving The Executive Director To Execute Agreements, AndApproving Settlement. (Resolution No. 03108)

Approving Appointment Of Special Counsel, Approving And Authorizing ExpenditureAuthority, And Approving Settlement. (Resolution NO. 03109)

Approving Increased Expenditure Authority Of Special Counsel And NecessaryExperts. (Resolution 03110)

PRESIDENT'S REPORT

President Kiang reported that Metrolink Golf Course is scheduled to open on Wednesday,April 16th . The Port owns the property, which it leases to the City. CoursCo developed and willoperate the Course and the Port will participate in the net revenues.

President Kiang reported that he presented, on behalf of the Port, a $3,500 check to theWomen's Initiative for Self Employment, at the opening of their East Bay Office. The groupassists low-income women in becoming successful entrepreneurs.

President Kiang reported on the Grand Opening, on April 29 th ,of Ben & Jerry's new JackLondon Square Location.


Deputy Executive Director, John Glover, reported that the Annual March of Dimes' walk willtake place on Saturday April 24th . Executive Director, Tay Yoshitani, is this year's East BayChair.

AIRPORT

Commissioner Ayers-Johnson reported that the March 31 St meeting of the AviationCommittee had recommended for approval, by the full Board, Airport Items 11, 12, and 13.

A motion to approve Items 11 through 13 was made by CommissionerAyers-Johnson and seconded by Vice-President Protopappas

Page 2 of 5


11. Approving And Authorizing Execution Of Certain License And Concession AgreementsWith American Express Travel Related Services, Bank Of America, Southwest AirlinesEmployees Federal Credit Union And Oakland Municipal Credit Union. (Resolution No.03099)

12. Granting Authorization To Include Furnish And Install Dynamic Roadway Signage ForPublic Parking And Interim Rental Car Facility, Oakland International Airport, Oakland,California, In The Small Business Program, Finding And Determining That It Is In The BestInterest Of The Port To Contract For Such Work Without Lowest-Sealed Bid Procedures; AndAuthorizing Execution Of A Contract For Such Work Based On Receipt Of Informal Proposals.(Resolution No. 03100)

13. Finding And Determining That A Proposed First Supplemental Agreement With CCSPlanning And Engineering For Consulting Services Constitutes Professional, Technical, AndSpecialized Services That Are Temporary In Nature, Waiving Competitive Bidding AndAuthorizing Execution Of Said Supplemental Agreement. (Resolution No. 03101)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Uribe and President Kiang (1) Absent:Commissioner Tagami


Commissioner Kramer reported that the previous meeting of the Maritime Committee hadrecommended for approval, by the full Board Items 31, 32 and 33.


31. Approving Plans And Specifications For Construction Of Berth 22 Wharf Replacement,Outer Harbor, Oakland, California, And Calling For Bids Therefore. (Resolution No. 03102)

32. Ratifying And Approving Addenda To Specifications To Construct Railroad Spur And SiteWork At The Joint Intermodal Terminals For Transload Warehouse D-516, Vision 2000,Oakland, California; Rejecting Bid Protest Of Bay Cities Paving And Grading, Inc.; AndAwarding Contract To O.C. Jones & Sons, Inc., Fixing The Amount Of Bonds, Rejecting AllOther Bids And Directing Return Of Bid Bonds To Bidders. (Resolution No. 03103)

33. Approving And Authorizing Execution Of A Certain License And Concession AgreementWith Oakland Railway Company. (Resolution No. 03104)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Uribe and President Kiang (1) Absent:Commissioner Tagami

Page 3 of 5


OPERATIONS

Commissioner Ayers-Johnson reported that the previous meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Items 41 and 42.

A motion to approve the following items was made by CommissionerAyers Johnson and seconded by Commissioner Uribe:

41. Finding And Determining That A Proposed Agreement With KTVU Partnership For AStrategic Marketing Campaign Constitutes Professional, Technical And Specialized ServicesThat Are Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution OfAgreement. (Resolution No. 03105)

42. Finding And Determining That A Proposed Second Supplemental Agreement With NBAEngineering, Inc. For Consulting Services Constitutes Professional, Technical, AndSpecialized Services That Are Temporary In Nature, Waiving Competitive Bidding AndAuthorizing Execution Of Agreement. (Resolution No. 03106)

The motion carried by the following votes: (6) Ayes: Commissioner Ayers-Johnson, Commissioner Kramer, Vice-President Protopappas, Vice-President Scates, Commissioner Uribe and President Kiang (1) Absent:Commissioner Tanami

APPROVAL OF MINUTES

A motion to approve the Minutes of the Regular Meeting of March 18, 2003was made by Commissioner Ayers-Johnson and seconded byCommissioner Kramer.


SUMMARY ITEMS

A motion to approve the following Summary Items was made byCommissioner Ayers-Johnson and seconded by Vice-President Scates:

Building Permit - Hilton Hotel, installation of a parking control system for the hotel site. Projectwill include installation of a new control booth and concrete pad to replace the existing booth ofsimilar size at the main entrance, installation of a bus shelter in the rear parking lot, installationof electric gate control arms for entry and exit at the main Hegenberger entrance and Doolittleentrance, and related electrical and mechanical work. This project has been determined to beexempt from the requirements of the California Environmental Quality Act pursuant to Class11, Section 15311.

Page 4 of 5


Final Reading - Port Ordinance No. 3739 "An Ordinance Establishing A Passenger FacilityCharge And Amending Section 21 To Port Ordinance No. 3634 Relating To Charges For UseOf Facilities At Metropolitan Oakland International Airport, And Making Certain Findings AndDeterminations In Connection Therewith."

Final Reading - Port Ordinance No. 3740, "An Ordinance Amending Port Ordinance No. 3634Relating To Landing And Tenant Terminal Space Rental Fees At Metropolitan OaklandInternational Airport."

Final Reading - Port Ordinance No. 3741, "An Ordinance Amending Port Ordinance No. 867,Amending Section 2.01 And Adding Section 10.052."

Final Reading - Port Ordinance No. 3742, "An Ordinance Amending Section 2 Of PortOrdinance No. 1606 To Provide For Purchasing — Card Procurement."


ADJOURNMENT



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COMMISSIONERS









TELEPHONE: (510) 627-1100

APPROVED

MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, May 6th, 2003 - 3:00 PM

ROLL CALL

President Kiang called the meeting to order at 3:05 p.m., and the following Commissionerswere in attendance:

Commissioner Ayers-Johnson, Commissioner Kramer, Vice–President ProtopappasVice-President Scates, Commissioner Tagami, Commissioner Uribe, and PresidentKiang

CLOSED SESSION

Port Attorney David Alexander reported that the following items would need to be heard inClosed Session:

1. Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) ofSection 54956.9. Names of cases:

■ Berkeley Jets Over the Bay, et al. v. Port of Oakland, et al., California Court ofAppeal Case Nos. A086708/A087959/A089660

■ Louise Engel v. Port of Oakland, et al., Workers' Compensation Appeals BoardSF 450409, Claim No, 01-0049

2, Conference With Legal Counsel - Anticipated Litigation. Significant exposure tolitigation pursuant to subdivision (b) of Section 54956.9: (9 matters)

Page 1 of 7

Board Meeting MinutesMay 6, 2003

3. Conference With Real Property Negotiator. Government Code Section 54956.8.

Property: Metroport Project, Hegenberger, Oakland, CA.Negotiating Parties: Port of Oakland and Simeon Commercial PropertiesUnder Negotiation: Price and Terms of Agreement

OPEN SESSION



Port Attorney David Alexander called on the Board Secretary to report the items approved inClosed Session. He reported the unanimous approval of the following:

Approving Appointment Of Special Counsel. (Resolution No. 03125)

Finding And Determining That A Proposed Agreement With E-Agency, Inc. ForConsulting Services Constitutes Professional, Technical And Specialized Services ThatAre Temporary In Nature, Waiving Competitive Bidding And Authorizing Execution OfAgreement. (Resolution No. 03126)

Compromising And Settling Claims And Authorizing Execution Of StipulatedSettlement. (Resolution No. 03127)

Confirming, Ratifying And Approving The Retention Of The Law Firm BuchananIngersoll As Special Counsel To The Port Attorney. (Resolution No. 03128)

PRESIDENT'S REPORT

President Kiang reported that the Port held its first Good Neighbor Awards. Police ChiefRichard Word gave the keynote address. The well-attended event honored a Person of theYear, Student of the Year, Non-profit of the Year and Port Tenant of the Year.

Additionally, President Kiang announced the opening of a new Ben & Jerry's ice cream storein Jack London Square.



The March of Dimes Walk America campaign took place on Saturday April 26 th The Port'steam raised more than $12,000.

In April, the Port hosted several visits by elected officials: Congressman George Miller,Congresswoman Barbara Lee, Senator Dianne Feinstein and Congressmen Hobson (R-OH),Berry (D-AR) and Simpson (R-ID).

Page 2 of 7


The Assembly Select Committee on California's Ports will host a Maritime TransportationMonth Celebration on May 14 th and 15th.

The Director called on Commissioner Ayers-Johnson to report on National Association forBlack Public Administrators. She reported her attendance at the National Conference in FortLauderdale, where outgoing president City Manager Robert Bobb was followed by incomingPresident, the Port's own, Cheryl Perry-League.

The Director called on Aviation Division Manager Steve Grossman to report on the closing ofthe United Airlines Maintenance Facility.

The Port will be one of the sponsors of the next meeting of the Oakland Advisors. Jet Blue,CEO Dave Neeleman will address the group.

AIRPORT

Commissioner Tagami reported that the April meeting of the Aviation Committee hadrecommended for approval, by the full Board, Airport Items 11, 12 and 13.


11. An Ordinance Approving And Authorizing Execution Of Agreement To Extend

12. An Ordinance Approving And Authorizing The Execution Of A WirelessTelecommunications Agreement With Nextel Of California, Inc. Doing Business AsNextel Communications.

13. Approving Plans And Specifications For Construction Of Asphalt Concrete OverlayOf Taxiway Uniform Between Taxiways T And W, South Field, Oakland InternationalAirport, Oakland, California, And Calling For Bids Thereof. (Resolution No. 03111)

The motion carried by the following votes: (7) Ayes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Protopappas,Vice-President Scates, Commissioner Tagami, Commissioner Uribe andPresident Kiang

Commissioner Uribe did not participate in the discussion or vote on item 14.

A motion to approve item 14 was made by Commissioner Tagami andseconded by Commissioner Ayers-Johnson.

14. Selecting And Awarding Prime Builder Contract For The Oakland InternationalAirport Terminal Expansion (TEx) Program To Turner Construction Co.; AuthorizingThe Executive Director To Execute An Agreement. (Resolution No. 03112)

Page 3 of 7


The following members of the Public spoke on this item:

Bill Patterson Chuck Wims Dr. L.P. LewisJim Starry Jesse Cabelon Beth AaronGeoffrey Pete Charlie Walker

Bill Love

The motion carried by the following votes: (6) Ayes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Protopappas,Vice-President Scates, Commissioner Tagami, Uribe and PresidentKiang (1) Recused: Commissioner Uribe


Vice-President Protopappas reported that the April 9th meeting of the Commercial RealEstate Committee had recommended for approval, by the full Board Items 21 and 22.

A motion to approve Item 21 was made by Vice-President Protopappasand seconded by Vice-President Scates.

President Kiang recused himself from the discussion or vote on item 21.

21. Approving And Authorizing Execution Of A First Amendment To The Exclusive NegotiatingAgreement With Oakland Harbor Partners LLC. (Resolution No. 03113)

The motion carried by the following votes: (6) Ayes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Protopappas,Vice-President Scates, Commissioner Tagami, Commissioner Uribe and(1) Recused: President Kiang

A motion to approve Item 22 was made by Vice-President Protopappasand seconded by Vice-President Scates.

President Kiang and Commissioner Uribe recused themselves from the discussion or vote onItem 22.

22. Finding And Determining That A Proposed Agreement With Baseline EnvironmentalConsulting For Consulting Services Constitutes Professional, Technical And SpecializedServices That Are Temporary In Nature Waiving Competitive Bidding And AuthorizingExecution Of Agreement. (Resolution No. 03114)

The motion carried by the following votes: (6) Ayes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Protopappas,Vice-President Scates,and Commissioner Tagami (2) Recused:President Kiang and Commissioner Uribe

Page 4 of 7


OPERATIONS

Commissioner Ayers-Johnson reported that the April 22 nd meeting of the AdministrativeCommittee had recommended for approval, by the full Board, Operations Items 41, 42 and 43.

A motion to approve the following items was made by CommissionerAyers-Johnson and seconded by Vice-President Scates:

41. An Ordinance Amending Port Ordinance No. 867, Adding And Amending Sections.

42. Finding And Determining That A Proposed Agreement With Severn TrentLaboratories, Inc. For Consulting Services Constitutes Professional, Technical AndSpecialized Services That Are Temporary In Nature, Waiving Competitive Bidding AndAuthorizing Execution Of Agreement. (Resolution No. 03115)

43. Finding And Determining That A Proposed Agreement With Curtis And Tompkins,Ltd. For Consulting Services Constitutes Professional, Technical And SpecializedServices That Are Temporary In Nature, Waiving Competitive Bidding And AuthorizingExecution Of Agreement. (Resolution No. 03116)

James Ingram spoke on this item.


Staff pulled item 44.

44. Approval of the Audit Contract with the Selected Accounting Firm to Perform AuditServices for FY Ending June 30, 2003 and 200/. (Resolution)

Vice-President Scates reported that the May 1 st meeting of the Audit, Budget & FinanceCommittee had recommended for approval, by the full Board, Operations Items 45 - 48.

A motion to approve the following items was made by Vice-President Scates andseconded by Vice-President Protopappas:

46. Approving, Authorizing And Adopting A Change Of Chair, An Additional VotingMember, And Amendments To The Restated Deferred Compensation Plan.(Resolution No. 03120)

47, Authorizing The Renewal Of Port's Insurance Program Including Coverage ForAutomobile Liability, Automobile Physical Damage, Port Liability, Public Officials Errors& Omissions, CAPA Umbrella Excess Liability, Airport Liability, Excess Workers'Compensation, Crane Physical Damage, Airport Terrorism, Computers, Loss OfAccess, And Fire Insurance Policy. (Resolution No. 03121)

Page 5 of 7


James Ingram spoke on Item 47.

48. Finding And Determining That It Is In The Best Interest Of The Port To PurchaseNew Vehicles And Equipment, Authorizing The Executive Director To Sell SurplusVehicles And Assign And/Or Transfer The Neighborhood Electric Vehicles To PortTenants, Customer And Staff. (Resolution No. 03122)


A motion to approve the following items was made by Vice-PresidentScates and seconded by Commissioner Uribe:

Vice-President Protopappas recused himself from the discussion or vote on Item 45.

45. Finding And Determining That A Proposed First Supplemental Agreement With AON RiskServices, A Division Of AON Corporation, A Delaware Corporation, For Consulting ServicesConstitutes Professional, Technical And Specialized Services That Are Temporary In Nature,Waiving Competitive Bidding And Authorizing Execution Of Agreement. (Resolution No.03118)

The motion carried b y the fcilinwinct votes: (6) A yes: CommissionerAyers-Johnson, Commissioner Kramer, Vice-President Scates,Commissioner Tagami, Commissioner Uribe and President Kiang(1) Recused: Vice-President Protopappas

The Staff pulled item 49.

49.

APPROVAL OF MINUTES

A motion to approve the Minutes of the Regular Meeting of April 15th,2003 was made by Vice-President Protopappas and seconded byCommissioner Tagami.


SUMMARY ITEMS

A motion to approve the following Summary Items was made by Vice-President Scates and seconded by Commissioner Kramer:

Building Permit - Approving Building Permit With Nextel Of California, Inc. (ResolutionNo. 03123)

Page 6 of 7


Building Permit - Approving Building Permit With The Hertz Corporation. (ResolutionNo. 03124)


OPEN FORUM

These individuals spoke in Open Forum:

Lou Miramontes

Tom SnowTiffany Rasmussen Sanjiv HandaEugene Yanov

Ken Macias

ADJOURNMENT

At the hour of 6:27 p.m., there being no further business the BoardAdjourned by consensus.

Joh T. BettertonSecretary of the Board

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COMMISSIONERS









TELEPHONE: (510) 627-1100

APPROVED

MINUTES




Regular Meeting of the Board of Port CommissionersTuesday, May 20, 2003 - 3:00 PM

ROLL CALL

President Kiang called the meeting to order at 3:11 p.m., and the following Commissionerswere in attendance:

UUMIT11551011e1 Myers-Jormson, LACHI1MISSICMUI mramer, vice-rreslueru ocates, VIGU-President Protopappas, Commissioner Tagami, Commissioner Uribe and President Kiang

CLOSED SESSION


1. Conference With Legal Counsel – Existing Litigation. Pursuant to subdivision (a) of Section54956.9. Name of case:

■ United Public Employees' Local 790, SEIU, AFL-CIO and City of Oakland,California Office of Administrative Hearings Public Employees RetirementSystem, OAH Case No. N-9704107

2. Conference With Legal Counsel - Anticipated Litigation. Significant exposure tolitigation pursuant to subdivision (b) of Section 54956.9: (3 matters)

OPEN SESSION


Page 1 of 6

May 20, 2003Board Meeting Minutes


Port Attorney, David Alexander, called on the Board Secretary to read the following itemspassed by consensus in Closed Session:

Compromising And Settling Claims And Authorizing Execution Of SettlementAgreement. (Resolution No. 03141)

Approving And Authorizing Execution Of Endorsement To Policy Issued By LexingtonInsurance Company. (Resolution No. 03142)

PRESIDENT'S REPORT

President Kiang introduced the Captain of the Port, Gary Swanson of the Coast Guard, whopresented the Port's Maritime Division with a certificate of Merit for their efforts to facilitate newsecurity measures

President Kiang introduced Assembly staffers from the office of Assemblywoman Wilma Chanand Senator Don Perata who presented proclamations thanking Commissioner Uribe andCommission

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