BOARD OF PORT COMMISSIONERS
REGULAR MEETING
WEDNESDAY – November 28, 2007
MINUTES
I. CALL TO ORDER
8:00 A.M.: Chairman Miller, presiding
Commissioners Present: Commissioner Richard S. Claire, arrived at 8:04 a.m.; Commissioner Ralph A. Garcia, Jr.; Secretary, Larry Aikins; and, Chairman Lewis D. Miller
Commissioners Absent: Vice Chairman, Richard A. Dodge
Staff Present: Executive Director, Michael J. Giari; Special Counsel to Port, Francois X. Sorba; Director of Finance & Administration, Cynthia D. Hampton; Manager of Economic Development, Steven Wright; Manager of Operations, Donald K. Snaman; Assistant Manager of Operations, Eric Napralla; Executive Assistant, Rita F. Artist.
Commissioner Garcia led the Pledge of Allegiance.
II. APPROVAL OF MINUTES
A Motion to Approve Minutes of Regular Meeting of November 14, 2007 was made by Commissioner Aikins and Seconded by Commissioner Garcia. The motion passed by a unanimous voice vote of all Commissioners present. Commissioners Claire and Dodge were absent.
III. CLAIMS:
Commissioner Garcia inquired about a payment made to Granara's Flowers of San Carlos and commented that the Port should be doing business with local Redwood City businesses.
A Motion to Approve Claims was made by Commissioner Aikins and it was seconded by Commissioner Garcia. The motion passed by a unanimous voice vote of all Commissioners present. Commissioner Dodge was absent.
IV. ORDINANCE
A. ORDINANCE OF THE BOARD OF PORT COMMISSIONERS OF THE CITY OF REDWOOD CITY APPROVING AND AUTHORIZING EXECUTION OF LEASE AGREEMENT WITH DIVERSIFIED COMPUTER CONSULTANTS OF CALIFORNIA (aka Seaport Conference Center) – 2nd Reading
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Chairman Miller opened the Public Hearing and invited comments from the public. No comments were made. A Motion to Close the Public Hearing was made by Commissioner Aikins. Commissioner Garcia seconded the Motion and it passed by a unanimous voice vote of all Commissioner present. Commissioner Dodge was absent.
Executive Director Giari stated that this Ordinance was introduced at the last Port Commission Meeting. Since the Ordinance was introduced, corrections were made in the Ordinance and the Lease Agreement providing that the amount of the rent during the initial and extended terms is that specified in the lease or six percent of the gross sales, whichever is greater. The Ordinance and Notice of Public Hearing on the Ordinance were published in the Redwood City Tribune on November 17, 2007.
A Motion to Adopt the Ordinance and Waive the Reading Thereof was made by Commissioner Aikins. It was seconded by Commissioner Claire. The Motion was passed by a unanimous roll call vote of all Commissioners present. Commissioner Dodge was absent.
V. RESOLUTION
A. RESOLUTION APPROVING SECOND AMENDMENT TO SUBLEASE AGREEMENT – (Portside Investors – Phase I Lease Agreement) – (HOLLOWAY INVESTMENT COMPANY)
A Motion to Adopt was made by Commissioner Garcia. It was seconded by Commissioner Aikins. The motion passed by a unanimous roll call vote of all Commissioners present. Commissioner Dodge was absent.
B. RESOLUTION TERMINATING AGREEMENT WITH ROMIC ENVIRONMENTAL TECHNOLOGIES AND APPROVING AND AUTHORIZING EXECUTION OF TRACK AGREEMENT WITH CLEAN HARBORS ENVIRONMENTAL SERVICES AND UNION PACIFIC RAILROAD
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Executive Director Giari explained that this is a termination of a track agreement with Romic for the truck-rail transfer facility that they used to lease from the Port. In August 2007 the Port Commission approved an assignment of the Romic lease agreement for the truck-rail transfer facility to Clean Harbors Environmental Services, Inc. Clean Harbors must enter into a new Track Agreement with Union Pacific Railroad and the Port for access to the Port’s rail tracks. The Track Agreement allows UP use of the Port’s spur track to access Clean Harbor’s track to switch rail cars ordered by Clean Harbors.
Clean Harbors is currently operating the truck-rail transfer facility under a Consent Order issued by DTSC. Clean Harbors has applied to DTSC for transfer of the Romic permit for the truck-rail transfer facility and for a permit modification to allow shipment of industrial fuel from Clean Harbors’ San Jose facility to the Port facility. The permit is pending with DTSC.
Chairman Miller asked if the Port had heard anything more from an environmental group concerned about the Romic facility in East Palo Alto and Giari replied that we had not.
Commissioner Aikins asked if, in their application for permit with DTSC, Clean Harbors had to overcome any issues relating to Romic’s background. Giari responded that may be the case with regard to this facility, however, Clean Harbor did not acquire Romic’s facility in East Palo Alto so any issues with that facility should not be relevant to Clean Harbors permit application.
Commissioner Claire inquired about the $1 million dollar insurance requirement for toxic clean up and asked who is responsible for clean up of any spill on the spur track. Giari replied that with regards to clean up of any spill, the incident first would be reported by the Port and by tenant to the County, Redwood City Fire Dept. and to DTSC and the tenant would be required to perform the clean up. Giari explained that the insurance amounts for this track agreement are those required by Union Pacific and are not the same as the insurance requirements that are in the lease agreement. In addition to the insurance that is in place in the lease agreement between the Port and Clean Harbors, we also have a letter of credit that can be used by the Port for any clean up that is required on the site.
A Motion to Adopt was made by Commissioner Aikins. It was seconded by Commissioner Garcia. The motion passed by a unanimous roll call vote of all Commissioners present. Commissioner Dodge was absent.
VI. PUBLIC COMMENT:
Executive Director Giari introduced Farris Hix, who is with the City’s Department of Public Works. Hix has been working with the Port and other members of the Aqua Terra II Committee, which is part of the City’s Pride and Beautification Committee. They have met several times over the past several months and Hix is here to report on the clean up of abandoned boats.
Farris Hix, Building and Code Enforcement Division of the City of Redwood City, explained that the Aqua Terra II Committee is trying to clean up the waterways and the sloughs throughout the City. There is quite an accumulation of debris from one specific party and, additionally, there are a few abandoned boats, etc. Hix thanked Port staff for all of their help and cooperation with the clean up. It is a multi-agency effort, with assistance from the Redwood City Police Dept., the Code Enforcement Division, the Port, and the City.
Hix reported that on November 27 five boats and some debris were removed from the waterways. Three of the boats were removed from Westpoint Slough. Granite Rock also has removed a few boats during the past month from “Poop Lagoon”. Aqua Terra II is about at the half way point of this clean up project and now is working with Charles Atkins to remove the remainder of the debris in Westpoint Slough. Atkins has been very cooperative by supplying manpower and giving up his boats without causing the City to go through legal efforts to have them removed. Atkins is making an effort to comply with the Ordinances.
Chairman Miller asked why Atkins had not complied with the Ordinance previously. Hix explained that Atkins has experienced hardships that have created this problem.
Commissioner Garcia commented that it had been brought to his attention that Atkins had been living on his boat in Westpoint Slough for a considerable time and asked how he was overlooked by the first Aqual Terra committee. Don Snaman explained that Atkins was very instrumental in assisting with Aqua Terra I clean up and although the committee knew Atkins was living on his boat, it was their understanding and intention that Atkins would eventually vacate Westpoint Slough. Garcia asked if there was a timeline on Atkins exiting the slough and Snaman replied that he should be out within six months. Atkins is cooperating with the Aqua Terra II committee and they are trying to make the transition for his relocation as smooth as possible.
Chairman Miller asked if there is any problem with live-aboards at the Port’s marina. Giari commented that people occasionally extend their stays on their boats, but, we have a policy that is strictly enforced to not rent a slip at the marina to anyone living on board.
VII. MATTERS OF BOARD INTEREST:
Commissioner Aikins commented on the new Redwood City history book, “A HOMETOWN HISTORY” with a chapter about the Port, and asked where the books could be purchased. Giari said they could be purchased at the Redwood City Public Library and Commissioner Garcia said they also could be purchased at Amazon.com.
VIII. EXECUTIVE DIRECTOR'S REPORT:
At the request of Chairman Miller, Executive Director Giari reported that on Monday, November 27, the City Council approved a recommendation to be made to the City of So. San Francisco that funding for ferry service under the new Measure A be divided 50/50 between Redwood City and So. San Francisco. Council members, Barbara Pierce and Diane Howard, have been actively working on this issue with the City of So. San Francisco because So. San Francisco is ready to go out to bid for final design and construction for their ferry terminal. South San Francisco’s funding plan called for using money from Measure A that would have been different than a 50/50 split. The recommendation also said the City of Redwood City would continue to work with So. San Francisco on developing ferry service both there and in Redwood City and try to find the additional funds that will be needed. The $30 million that has been identified in the new Measure A for ferry service will not be sufficient to fund ferry service either in Redwood City or So. San Francisco. We will be seeking additional sources of funding.
Chairman Miller asked if we would receive any funding to start the EIR/EIS. Giari explained that funding from the new Measure A is not available until 2009. Therefore, we have requested funding for the EIR/EIS for the ferry terminal and ferry service in Redwood City from the WTA. They have included it in their expenditure plan for money that they plan to receive from the Prop 1B bond issue that was passed a year ago. Prop 1B has funds allocated for funding emergency transit preparedness.
IX. ADJOURNMENT
At 8:37a.m. Chairman Miller requested that the Commission adjourn to its next regularly scheduled Meeting of December 12, 2007.
A Motion to Adjourn was made by Commissioner Garcia and the motion was seconded by Commissioner Aikins. The motion passed by a unanimous voice vote of all Commissioners present. Commissioner Dodge was absent.
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