Port Commission Meeting Minutes

BOARD OF PORT COMMISSIONERS

REGULAR MEETING

WEDNESDAY –December 9, 2010

MINUTES

I.          CALL TO ORDER

8:00 A.M.: Chairman Garcia, presiding
Commissioners Present: Commissioner Richard A. Dodge; Commissioner Larry R. Aikins; Secretary Lorianna Kastrop; and, Chairman, Ralph A. Garcia, Jr.

Commissioners Absent: Vice Chairman Richard S. Claire

Staff Present:    Executive Director, Michael J. Giari; Special Counsel to Port, Francois X. Sorba; Director of Finance & Administration, Cynthia D. Hampton; Manager of Operations, Donald K. Snaman; Manager of Development & Compliance, Eric Napralla; Accounting Clerk, Linda Hawkins; Administrative Assistant, Margaret Astesano; and, Executive Assistant, Rita F. Artist

Commissioner Dodge led the Pledge of Allegiance.

II. APPROVAL OF MINUTES:

Approval of the Minutes of Regular Meeting of November 25, 2009 was continued to the next Port Commission Meeting due to a lack of quorum of commissioners who attended the November 25th meeting.

III. CLAIMS:

A Motion to Approve Claims was made by Commissioner Aikins and it was seconded by Commissioner Dodge. The motion passed by a unanimous voice vote of all Commissioners present. Vice Chairman Claire was absent.

IV.  ORDINANCE

            A.   ORDINANCE DELETING THE POSITION OF MANAGER OF ECONOMIC DEVELOPMENT AND CREATING THE POSITION OF MANAGER OF DEVELOPMENT AND COMPLIANCE OF THE PORT OF REDWOOD CITY, AND REPEALING ALL ORDINANCES, OR PORTIONS THEREOF, IN CONFLICT HEREWITH – PUBLIC HEARING

A Motion to Open the Public Hearing was made by Commissioner Aikins, seconded by Commissioner Kastrop and passed by a unanimous voice vote of all Commissioners present. Vice Chairman Claire was absent. There were no comments from the public. A Motion to Close the Public Hearing was made by Commissioner Aikins, seconded by Commissioner Kastrop and passed by a unanimous voice vote of all Commissioners present. Vice Chairman Claire was absent.

Executive Director Giari explained that this Ordinance was introduced at the November 25 Port Commission meeting. A Notice of Public Hearing and the Ordinance were published in the Redwood City Tribune on November 29. There have been no changes made to the ordinance since its introduction.

A Motion to Introduce the Ordinance and Waive the Reading Thereof was made by Commissioner Kastrop. It was seconded by Commissioner Aikins and the motion was passed by a roll call vote of all Commissioners present. Vice Chairman Claire was absent.

V.  RESOLUTION

RESOLUTION APPROVING FIRST AMENDMENT TO SUBLEASE AGREEMENT – (Portside Investors – Phase I Lease Agreement) – (SHOE CARE INNOVATIONS, INC.)

RESOLUTION APPROVING SUBLEASE AGREEMENT – (Portside Investors – Phase I Lease Agreement) – (JAMES WASSERMANN, CPA)

RESOLUTION APPROVING FOURTH AMENDMENT TO SUBLEASE AGREEMENT – (Portside Investors – Phase I Lease Agreement) – (HOLLOWAY INVESTMENT CO.)

RESOLUTION APPROVING THIRD AMENDMENT TO SUBLEASE AGREEMENT – (Portside Investors – Phase I Lease Agreement) – (W. BRADLEY ELECTRIC, INC.)

Items V-A, V-B, V-C, and, V-D were voted on as one item.
A Motion to Adopt was made by Commissioner Dodge. It was seconded by Commissioner Aikins. The motion passed by a unanimous voice vote of all Commissioners present. Vice Chairman Claire was absent.

VI. MOTION

            A. MOTION TO TERMINATE AGREEMENT FOR MAINTENANCE DREDGING OF WHARVES 1, 2, 3, AND 4 AT THE PORT OF REDWOOD CITY – (MANSON-DUTRA, JV)

Executive Director Giari commented that in October 2009 the Board awarded a contract for berth maintenance dredging at Wharves 1, 2, 3, & 4 to Manson-Dutra, JV. Port staff is requesting that the contract be terminated due to the fact that the permitting agencies for this work are requesting further sampling and testing of the material to be dredged. This additional sampling/testing could not be completed before the permitted window for dredging the berths closed on November 30, 2009.

The permitting agencies are requesting additional sampling/testing because there is significantly more material to be dredged than had been originally sampled/tested. The permitting agencies are requesting that the new material be sampled and characterized before dredging. Assuming this will take place in the next several months and the results are satisfactory to the permitting agencies, the contract for berth dredging would go out for bid and the work would be done in the summer of 2010.

Commissioner Aikins asked if Manson-Dutra had completed and invoiced any work. Don Snaman, Manager of Operations, replied, “No.”

Commissioner Kastrop inquired as to when the original testing was done. Giari explained that the berths were surveyed in 2006 and then a sampling plan was submitted to the agencies for approval. The sampling plan was approved by the permitting agencies and the sampling/testing was completed in 2007.

Kastrop asked what had changed between October 2009, when staff thought they had the necessary permits, and now. Snaman explained that the permits are multi-episodal, requiring that we give the agencies notification when we are ready to start each dredging episode. When staff notified the agencies that we were ready to dredge the 35,000-40,000 cubic yards at Berths 1-4, the agencies responded that this was significantly more material than was in the original survey of 18,000-20,000 cubic yards in 2006 and requested additional sampling/testing.

Kastrop commented that it is very frustrating that the agencies are holding up the dredging because more silting occurred in the three years that it takes to get ready to dredge. She suggested discussing this problem with the agencies and other groups and organizations. Snaman said the Port is currently very active in the Bay Planning Coalition and other organizations so these concerns will be heard. Snaman explained that staff has been in contact with the permitting agencies in order to start planning now for the sampling and testing.

Kastrop expressed concern about the loss of business to the Port and its customers because vessels coming in to berth will be light loaded until the Port receives approval by the agencies to perform the needed berth maintenance dredging.

A Motion to Terminate the Agreement with Manson-Dutra JV for Maintenance Dredging at Wharves 1, 2, 3, and 4 was made by Commissioner Dodge. It was seconded by Commissioner Aikins. The motion passed by a unanimous voice vote of all Commissioners present. Vice Chairman Claire was absent.

VII. PRESENTATION:

America’s Water Way Watch Program, By U.S. Coast Guard Auxilliary.

Click here to view the Power Point Presentation for this item

Jerry McAlwee, U.S. Coast Guard Auxilliary, commented that America’s Water Way Watch (AWWW) is the U.S. Coast Guard’s Maritime Homeland Security Outreach Program. He explained that with more than 95,000 miles of shoreline, 300,000 square miles of water, and over 70 million boaters, security is a job the U. S. Coast Guard and local first responders can’t do alone. “America’s Waterway Watch” was established in Feb 2005 to enlist the aid of the maritime and recreational boating industries and the public in order to help prevent acts of terrorism and illegal activity by maintaining a heightened awareness of activity in the maritime domain. The U.S.C.G. is educating the maritime and recreational boating industries and the public to recognize terrorist pre-incident indicators and asking them to report suspicious individuals conducting unusual activities.

The U.S.C.G. works closely with Federal, State, and local Law Enforcement, EMS & Fire services, National Vessel Documentation Center, the Army Corp of Engineers, and many other federal, state, and citizen’s organizations. The U.S.C.G. Auxiliarys’ fundamental role in the program is to act as primary lead in outreach and awareness activities by informing the public and recreational boaters about the program and its goals and maintaining patrols, vessel safety exams, and marina visits.

McAlvee emphasized that prevention and response are primary goals of the AWWW and encouraged everyone to call America’s Waterway Watch Hotline: (877) 24-WATCH to report any unusual or suspicious activities.

Commissioner Kastrop asked McAlvee to provide a list of the suspicious activities that people should be aware of to Port staff in order to distribute that information, along with the AWWW hotline telephone number, to the Port’s Marina tenants and members of the Sequoia Yacht Club.

VIII. PUBLIC COMMENT:

None

IX. MATTERS OF BOARD INTEREST:

None

X. EXECUTIVE DIRECTOR'S REPORT:

Executive Director Giari complimented the Sea Scouts and the Mariner Scouts for presenting the colors at a recent Redwood City Council meeting honoring Council members Howard and Hartnett. Giari received many compliments after the Council meeting about how good the Scouts’ Honor Guard looked and how well they represented the Port.

Giari also thanked the Sea Scouts for donating a live Christmas tree to the Port for its annual Holiday Reception. As one of their major fund raisers, the Sea Scouts sell Christmas trees on a lot on Alma Street in Palo Alto.

Giari also reminded people to RSVP to their invitation to attend the Port’s Annual Holiday Reception in honor of past Port Commissioners on Thursday, December 17, 2009.

XI. ADJOURNMENT

At 8:46 a.m. Chairman Garcia requested that the Commission adjourn to its next regularly scheduled Meeting of December 23, 2009.

A Motion to Adjourn was made by Commissioner Dodge and it was seconded by Commissioner Aikins. The motion passed by a unanimous voice vote of all Commissioners present. Vice Chairman Claire was absent.