Board of Port Commissioners City of Oakland

BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE No. 3619

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE AN ADDITIONAL POSITION OF PORT JOB RESEARCHER.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 5.165 of Port Ordinance No. 867 is hereby amended to read as follows:

Section No. of Grade or No. Positions Title Schedule No.

5.165 3 Port Job Researcher 230.4

In Board of Port Commissioners, Oakland, California, December 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami and Vice President Uribe - 6. Noes: None. Absent: President Kramer - 1.

Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held December 19, 2000

By the following Vote: Ayes: Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6 Noes: None

Absent: Commissioner Kiang - 1

President.

Attest Secretary. Approv asio firm The Oaband Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 9) 208-6340

Legal No. 1964207

PROOF OF PUBLICATION

PUBLIC NOTICE PORT ORDINANCE NO. 3619 AN ORDINANCE AMENDING PORT In the matter of: ORDINANCE NO. 867 TO CRATEE AN ADDITIONAL POSITION OF PORT JOB RESEARCHER. ORDAINED by the Board of Port CommissionersBE IT of the City of Oakland as follows: • Section 5.165 of Port Ordinance No. 867 is PORT ORDINANCE NO. 3619 hereby amended to read as follows: 5.165 Section No. 3 No. of Position Port Job Researcher Tate 230.4 Grade or Schedule No. In Board of Port Commissioners, Oakland, California, December 5, 2000. Passed to print for one day by the following vote: Ayes: yers-Johnson, IGang, Pro- CommisScats, psio Tagami and Vice Presi- topadent Uribepas, - 6. Noes: None. Absent Presi- The undersigned below, deposes and says that he/she was the public rnar rl-rk k ANr% TRI P MP Christopher C. Marshall general circulation as defined by Government Code Section Secretary of the Board 6000 adjucated as such by the Superior Court of the State of The Oakland Tribune, 1964207 California, County of Alameda (Order Nos. 237798, December 4, December 13, 2000 1951) which is published and circulated in Oakland Township in said county and state seven days a week. • PUBLIC NOTICE That the

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

DECEMBER 13, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Public Notice Advertising Clerk DECEMBER 13, 2000 The 0a,__and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 3) 208-6340

Legal No. 1964207

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3619

The undersigned below, deposes and says that he/she was the public Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation as defined by Government Code Section 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

DECEMBER 13, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Public Notice Advertising Clerk DECEMBER 13, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3618

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF MULTI-YEAR LICENSE AND CONCESSION AGREEMENT WITH MARINE TERMINAL CORPORATION FOR BURMA ROAD TERMINAL.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a License and Concession Agreement between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and MARINE TERMINALS CORPORATION, a corporation ("MTC"), covering the approximately 25-acre parcel of the Oakland Army Base, and adjacent vessel berthing area, located westerly of Maritime Street, and known as the Port of Oakland Burma Road Terminal, which the OAKLAND BASE REUSE AUTHORITY ("OBRA") leases from the United States Army and the Port subleases from OBRA, for a term commencing the later of the date of the filing and effectiveness of said Agreement pursuant to Sections 5 and 6 of the Shipping Act of 1984 and the expiration of thirty (30) days from and after the final adoption of this ordinance and expiring midnight November 30, 2002, subject to automatic extensions of the term thereof on a year-to-year basis and subject to the right of each party during the initial term or any year-to-year extension to terminate the term on not less than 60 days written notice to the other, at a compensation payable by MTC equal to 55% of prevailing tariff charges for dockage, wharfage, wharf demurrage and wharf storage for all activity on the premises (with certain exceptions) until compensation in a contract year reaches $1,700,000, at which time said percentage shall be reduced to 45% for activity during the remainder of the contract year, but said compensation for the initial term shall not be less than $1,200,000 (subject to adjustment), said compensation provisions to be applied so that they cover MTCs activities on the premises commencing December 1, 2000, and otherwise upon the terms and conditions specified in the Boards Agenda Sheet Item No. 21 dated December 5, 2000, and such standard terms and conditions as specified in the Agreement and approved by the Executive Director.

30694 Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Agreement.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, or any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the Management Agreement in accordance with the terms of this ordinance. Unless and until a separate written Management Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to User, there shall be no valid or effective Management Agreement or other obligation or liability on the part of the Board.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held December 19 , 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6

Noes: None

Absent: Commissioner Kiang - 1

Apprived as to ‘m a egality:

30694 The Oa :and Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising "s 10) 208-6340

Legal No. 1964323 PUBLIC NOTICE PORT ORDINANCE NO 3618 AN ORDINANCE APPROVING AND AU- THORIZING THE EXECUTION OF MULTI- YEAR LICENSE AND CONCESSION AGREE- MENT WITH MARINE TERMINAL CORPORA- TION FOR BURMA ROAD TERMINAL. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commis- sioners (Board) hereby approves a License and Concession Agreement between the PROOF OF PUBLICATION CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and mARINE TERMINALS CORPORTAtON, a corporation (MTC), covering the appr oxi- mately 25-acre parcel of the Oakland Army Base, and adjacent vessel berthing area, located westerly of Maritime Street, and known as the Port of Oakland Burma Road Terminal, which the OAKLAND BASE REUSE AU- THORITY COBRA) leases from the United In the matter of: States Army and the Pori subleases from OBRA,leases from rthe United States Army and the Port subleases from OBFIA, for a term commencing the later of the date of the filing and effectiveness of said Agreement pursuant to Sections 5 and 6 of the Shippin Act of 1984 and the expiration of thirty (3 days from and after the final adoption of this ordinance and expiring midnight November PORT ORDINANCE NO. 3618 30, 2002, subject to automatic extensions of the term thereof on a year-to-year basis and subject to the right of each party during the initial term or any year-to-year extension to terminate the term on not fess than 60 days written notice to the other, at a compensation payable by MTC equal to 55% of prevailing tariff charges for dockage, wharfage, wharf demurrage and wharf storage for all activity on the premises (with certain exceptions) until compensation in a contract year reaches 51 700,000, at which time said percentage shall be reduced to 45% for activity The undersigned below, deposes and says that he/she was the public during the remainder of the contract year, but said compensation for the initial term shall Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of not be less than $1,200,000 (subject to ad- general circulation as defined by Government Code Section justment), said compensation provisions to be applied so that they cover MTCs activities 6000 adjucated as such by the Superior Court of the State of on the premises commmencing December 1, 2000, and otherwise upon the terms and California, County of Alameda (Order Nos. 237798, December 4, conditions specified in the Boards Agenda 1951) which is published and circulated in Oakland Township in said Sheet Item No. 21 dated December 5, 2000, and such standard terms and conditions as county and state seven days a week. specified in the Agreement and approved by the Executive Director. That the Section 2. The Executive Director is hereby authorized to execute and the Secre- tary to attest said Agreement. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, or any right, entitlement or property interest, or (b) any obligation or ti- PUBLIC NOTICE ability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the Management Agreement in accordance with the terms of this ordinance. Unless and until a separate written Management Agreement.is duly. executed on behalf of the Board as authorized by this ordinance, is signed as proved as to form and legality by the Port At- torney, and is delivered to User, there shall of which the annexed is a printed copy, was published in every issue of be no valid or effective Management Agree- ment or other obligation or liability on the the OAKLAND TRIBUNE, on the following dates: part of the Board. Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oakland, California, December 5, 2000. Passed to print DECEMBER 13, 2000 for one day .by the following vote: Ayes: Commissioner Ayers-Johnson, Kiang, Proto- ppas, Scares, Tagami and Vice President bribe - 6. Noes: None. Absent: President Kramer - 1. Christopher C. Marshall I certify (or declare) under the penalty of perjury that the foregoing is Secretary of the Board true and correct. The Oakland Tribune, #1964323 December 13, 2000

Public Notice Advertising Clerk DECEMBER 13, 2000 The Oa :and Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising " 5 10) 208-6340

Legal No. 1964323

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3618

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

DECEMBER 13, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct. OrdnceoC -01We

Public Notice Advertising Clerk DECEMBER 13, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3617

AN ORDINANCE AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH STEPHEN J. COWLEY, D.B.A. STEAM VALVE FOR PURCHASE OF 1899 DENNISON STREET FOR UNION POINT PARK PURPOSES.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The Board hereby approves and authorizes the Executive Director to execute a Purchase and Sale Agreement between the Port and STEPHEN J. COWLEY, AN INDIVIDUAL DOING BUSINESS AS STEAM VALVE ("Seller") (the "Agreement") for the purchase of the Property located at 1899 Dennison Street in Oakland, California consisting of approximately 28,740 square

$800,000 plus closing costs ("Purchase Price"), and as otherwise described in Agenda Sheet Item No. 18, dated November 21, 2000. The sources of the Purchase Price shall be a $250,000 Environmental Enhancement and Mitigation Grant from the State of California, a $500,000 grant from the Coastal Conservancy, and Port funds of $50,000 plus closing costs, which contribution is hereby approved and authorized.

Section 2. The Executive Director is authorized to execute and deliver such other documents as shall be required to carry out the intent of this ordinance, provided that such documents are approved as to form and legality by the Port Attorney.

Section 3. At its May 25, 2000 meeting, the Board certified the Initial Study and Mitigated Negative Declaration for the Union Point Park Project ("Project"), which includes acquisition of the Property for inclusion in the Project, found no substantial evidence of significant effect on the environment and approved the mitigated negative declaration and mitigation monitoring and reporting program for the Project.

Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any

28580 obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance does not obligate the Port to execute or deliver the Agreement to Seller. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Buyer, there shall be no valid or effective Agreement.

In Board of Port Commissioners, Oakland, California, November 21, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None.

Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held December 5, 2 000 By the following Vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami and Vice President Uribe - 6

Noes: None

Absent: President Kramer - 1

President.

Attest Secretary. Approved as to/fox= and legality :

Port Attorney ORIGINAL The OaLind Tribune do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 1) 208-6340

Legal No. 1957823

PUBLIC NOTICE PORT ORDINANCE NO 3617 AN ORDINANCE AUTHORIZING EXE- PROOF OF PUBLICATION CUTION OF A PURCHASE. AND SALE AGREEMENT WITH STEPHEN J. COWLEY, D.B.A. STEAM VALVE FOR PURCHASE OF 1899 DENNISON STREET FOR UNION POINT PARK PURPOSE. BE IT ORDAINED by the Board of port commissioners (Board) of the City of Oak- land as follows: In the matter of: Section 1. The Board hereby approves and authorizes the Executive Director to execute a Purchase and Sale Agreement between the port and STEPHEN J.COWLEY, AN INDIVIDUAL DOING BUSINESS AS STEAM VALVE (Seller). (the Agreement) for the purchase of the Property located at 1899 Dennison street in Oakland, California consisting of approximately 28, 740 square PORT ORDINANCE NO. 3617 feet of improved land (Property) at a purchase price of $800,000 plus closing costs (purchase Price) and as otherwise described in Agenda Sheet item No. 18, dated November 21, 2000. The sources of the Pur- chase Price shall be a 5250.000 Environ- mental Enhancement and Mitigation Grant from the State of California, a 5500.000 grant from the Coastal Conservancy, and Port of $50.300 plus closing costs, which contribution is hereby approved an authorized. The undersigned below, deposes and says that he/she was the public Section 2. The Executive Director is authorized to execute and deliver such other Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of documents as shall be required to carry out the intent of this ordinance, provided that general circulation as defined by Government Code Section such documents are approved as to form and legality by the Port Attorney. 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, Section 3. At its May 25, 2000 meeting, the Board certified the Initial Study and Miti- 1951) which is published and circulated in Oakland Township in said gated Negative Declaration for the Union Point Park Project (`Project), which includes county and state seven days a week. acquisition of the Property for inclusion in the project, found no substantial evidence of sig- That the nificant effect on the environment and ap -proved the mitigated negative declaration and mitigation monitoring and reporting program for the Project. Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, PUBLIC NOTICE entitlement or property interest, or (b) any obligation or liability on the part of the Board Or any officer or employee of the Board. This ordinance does not obligate the Port to execute or deliver the Agreement to Seller. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as of which the annexed is a printed copy, was published in every issue of to form and legality by ft e Port Attorney, and is delivered to Buyer. there shall be no valid the OAKLAND TRIBUNE, on the following dates: or effective Agreement. In Board of Port Commissioners, Oakland, California, November 21, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Pro- topappas, Scales, Tagami, Uribe and Presi- DECEMBER 4, 2000 dent Kramer- 7, Noes: None. Absent: None. Christopher C.Marshall Secretary of the Board The Oakland Tribune, 1957823 December 4, 2000 I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

CHERYL POO Public Notice Advertising Clerk DECEMBER 4, 2000 The OaLind Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 1) 208-6340

Legal No. 1957823

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3617

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

DECEMBER 4, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

wz CHERYL POON- Public Notice Advertising Clerk DECEMBER 4, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3616

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A NINTH SUPPLEMENTAL AGREEMENT TO LEASE WITH CLYDE R. GIBB, DOING BUSINESS AS WATERFRONT PLAZA HOTEL.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The Board hereby approves and authorizes execution of that certain Ninth Supplemental Agreement to that certain Lease dated April 9, 1987, between the City of Oakland, a municipal corporation, acting by and through this Board, as Lessor, and CLYDE R. GIBB, doing business as WATERFRONT PLAZA HOTEL, as Lessee, containing the terms and conditions as more fully set forth in Agenda Sheet Item No. 11, dated November 21, 2000.

Section 2. The Executive Director is hereby authorized to execute said Ninth Supplemental Agreement.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of a lease or agreement in accordance with the terms of this ordinance. Unless and until a written lease is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to the Lessee, there shall be no valid or effective lease or agreement.

30643 Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, November 21, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers- Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None.

Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held December 5, 2 000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami and Vice President Uribe - 6

Noes: None

Absent: President Kramer - 1

President.

Attest Secretary. The 0a6..and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 1) 208-6340

Legal No. 1957816

PUBLIC NOTICE PORT ORDINANCE NO. 3616 PROOF OF PUBLICATION AN ORDINANCE APPROVING AND AU- THORIZING EXECUTION OF A NINTH SUPPLEMENTAL AGREEMENT TO LEASE WITH CLYDE R. GIBB, DOING BUSINESS AS WATERFRONT PLAZA HOTEL BE IT ORDAINED by the Board of Port Commissioners ("Board) of the City of Oak- land as follows: In the matter of: Section 1. The Board hereby approves and authorizes execution of that certain Ninth Supplemental Agreement to that certain Lease dated April 9, 1987, between the City of Oakland, a municipal corporation, acting by and through this Board, as Lessor, and CLYDE R. GIBB, doing business as WA- TERFFIONTPLAZA HOTEL, as Lessee, containing the terms and conditions as more ORDINANCE NO. 3616 fully set forth in Agenda Sheet Item No. 11, dated November 21, 2000. Section 2. The Executive Director is herby authorized to execute said Ninth Supple- mental Agreement. Section 3. The ordinance is not evidence of and does not create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation of liability on the part of the Board or any officer or employee of the Board. this or- The undersigned below, deposes and says that he/she was the public dinance approves and authorizes the execu- Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of tion of a lease or agreement in accordance with the terms of this behalf of the Board as general circulation as defined by Government Code Section authorized by this ordinance, is signed as delivered to the Lessee, there shall be no valid 6000 adjucated as such by the Superior Court of the State of or effective lease or agreement. California, County of Alameda (Order Nos. 237798, December 4, Section 4. this ordinance shall take effect 1951) which is published and circulated in Oakland Township in said thirty (30) days from and after its final adop- ff-^, county and state seven days a week. Commissioners, Oakland, That the California, November 21, 2000. Passed to print for one day by the following vote: Ayes. Commissioners Ayers-Johnson, Kiang, Pro topappas, Scates, Tagami, Uribe and Presi- dent Kramer - 7, Noes: None. Absent: None. Christopher C. Marshall Secretary of the Board. The Oakland Tribune, #1957816 PUBLIC NOTICE December 4, 2000

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

DECEMBER 4, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

CHERYL POON Public Notice Advertising Clerk DECEMBER 4, 2000 The 0a6_,Aand Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 1) 208-6340

Legal No. 1957816

PROOF OF PUBLICATION

In the matter of:

ORDINANCE NO. 3616

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

DECEMBER 4, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct. 7).yrital C RL POON Public Notice Advertising Clerk DECEMBER 4, 2000 A) BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3615

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDING SECTIONS 2.01, 10.019, 10.013, 8.147, 5.026 AND 6.012.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Section 2.01 of Port Ordinance No. 867 is hereby amended to add new salary schedule which section shall read as follows:

SCHEDULE Rate Rate Rate Rate Rate No. a. b. c. d. e

93.8 3660 3845 4039 4271 4517

30449

Section 2. The following sections of Port Ordinance No. 867 are hereby amended to read as follows: Section No. of Salary or No. Positions Title Schedule No.

10.019 1 Airport Ground Transportation Parking 212 Operations Specialist 1

10.013 1 Airport Noise Abatement/Environmental 972.3 Affairs Supervisor

8.147 1 Permit Technician 93.8

5.026 12 Executive Assistant 227.85

Deputy Port Attorney IV 6.012 4 608.4

In Board of Port Commissioners, Oakland, California, November 7, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6. Noes: None. Absent: Commissioner Kiang - 1.

Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held November 21, 2 000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

President.

Attes Secretary. Approved as to fo nd legality :

Port Attorney ORIGINAL The 11....Aland Tribune c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1946074

PUBLIC NOTICE PUBLIC NOTICE PROOF OF PUBLICATION PORT ORDINANCE NO. 3615 AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDING SECTIONS 2.01, 10.019, 10.013, 8.147, 5.026 AND 6.012. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Section 2.01 of Port Ordinance No. 867 is hereby amended to add new salary In the matter of: schedule which section shall read as follows: SCHEDULE Rate Rate Rate Rate Rate NO. a. b. c. d. e. 93.8 3660 3845 4039 4271 4517 Section 2. The following sections of Port Ordinance No. 867 are hereby amended to read as follows: Port Ordinance No. 3615 Section No of Salary or No. Positions Title Schedule No. 10.019 1 Airport Ground Transportation Parking Operations Specialist 1 212. 10.013 1 Airport Noise Abatement/Environmental Affairs Supervisor 972.3 8.147 1 Permit Technician 93.8 5.026 12 Executive Assistant 227.85 6.012 4 Deputy Port Attorney IV 608.4 In Board of Port Commissioners, Oakland, California, November 7, 2000. Passed to print to; one day by the following vote: Ayes: Commissioners Ayes-Johnson, Protopappas, Scales, Tagami, Uribe and President Kramer -6. Noes: None. Absent: Commissioner Kiang - 1. Christopher C. Marshall The undersigned below, deposes and says that he/she was the public Secretary of the Board Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Oakland Tribune, Legal No. 1946074 general circulation as defined by Government Code Section November 15, 2000 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week.

That the

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

November 15, 2000

I certify (or declare) under the penalty of perjury that the foregoing is d co The IL Aland Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1946074

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3615

That the

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

November 15, 2000

I certify (or declare) under the penalty of perjury that the foregoing is t u d cor BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3614

AN ORDINANCE FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF THE PROPERTY INTERESTS OF KAISERAIR, INC. AND EARHART ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, FOR PUBLIC USE IN CONNECTION WITH PORT DEVELOPMENT PURPOSES, MAKING OTHER FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH, AND AUTHORIZING THE FILING OF PROCEEDINGS IN CONDEMNATION FOR THE ACQUISITION THEREOF.

WHEREAS it is necessary to acquire the leasehold interests (the "Property") of KAISERAIR, INC. and EARHART ASSOCIATES, in and incorporated herein by reference, and identified as APN: 042- 4404-005 and located within the Port Area, which interests are necessary in connection with Port of Oakland development purposes; and

WHEREAS KAISERAIR, INC. AND EARHART ASSOCIATES were given written notice and an opportunity . to appear and be heard by the Board of Port Commissioners ("Board") on the matters referred to in and as otherwise described in the Notice of Intention and Agenda Sheet Item No. 1, dated November 7, 2000 (herein the "Agenda Sheet"); now, therefore,

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The public use for which the property is to be taken is for use as an entrance roadway, parking and utility infrastructure for the Aviation Facilities Complex. The legal authority and statutes that authorize the Board of Port Commissioners to acquire the property by eminent domain include Sections 106, 706(6), 706(15), 706(19), 706(2) and 706(30) of the Charter of the City of Oakland and the following California Code provisions: Government Code Sections 39901, 39961 and 40404; and Title 7, Part 3 of the California Code of Civil Procedure.

30419 Section 2. The description of the general location and extent of the property interests to be taken is all of the leasehold interests of KaiserAir, Inc. and Earhart Associates in and to a portion of the real property as described herein on Exhibit "A" and in the Agenda Sheet attached hereto as Exhibit "B" and incorporated herein by reference.

Section 3. The Board hereby finds and determines as follows:

a. The public interest and necessity require the proposed project;

b. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;

c. The property described in the ordinance is necessary for the proposed project; and

d. The offer required by Section 7267.2 of the California Government Code has been made to the owners(s) lessee(s) of record.

Section 4. Authorization to the Port Attorney to file and prosecute to final judgment a proceeding in eminent domain to acquire the interests of KaiserAir, Inc. and Earhart Associates in and to the portion of the real property described on the attached Exhibit "A", to deposit in court the amount of compensation established by the Board as just compensation and to apply to the court for an order permitting the Port to take immediate possession and use of the leasehold interests for the above described public uses and purposes.

Christopher C. Marshall, Secretary of the Board

Adopted at a regular meeting held February 6, 2 0 01 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

President.

Attest Secretary. Approved as to form and legality:

Port A mey 415-685-1799 p.10 Oct 09 0 2:38p

EXHIBIT B-1"

KAISERAIR, INC. TAKE AREA LEGAL DESCRIPTION

All that real property in the City Of Oakland, County of Alameda, State of California, within the area of the Oakland International Airport, being more particularly described as follows:

Commencing at "EAR-KAIS EC", a standard Port of Oakland monument as shown on Record of Survey 1546, recorded November 2, 1998, book 22, Pages 71-75, Alameda County Records; thanca North 354549" East MOO feet to the northeasterly street plan line of Earhart Road as shown on said Record of Survey 1546 (22M71); thence along said street plan line South 54°1411 East 86.56 feet; thence leaving said street plan line North 35?5135° East 6.00 feet to the Point of Be-ginning;

thence parallel with said street plan North 54°1411° West 45.10 feet thence North 35°4549- East 141.88 feet; thence South 54°1411 East 116.84; thence South 35°4549" West 76.00 feet; thence North 54°1411" West 71.53 feet; thence South 35°5135" West 85.88 feet to the Point of Beginning;

Containing 11,855 square feet 0.272 acres, more or less, measured at ground level.

End of Depoription

Bearings and distances used in this description and its accompanying plat are based on the California Coordinate System, Zone Ill, North American Datum of 1983. All distances in this description ace grid distances. To convert grid distances to ground distances multiply by 1 ,0000707,

Surveyors Statement This description was prepared pursuant to section 8726 of the Business and Professions Code of the State of California by or under the supervision 01: Board of Port Commissioners - PORT OF OAKLAND

Agenda Sheet DATE: November 7, 2000 SUBJECT: Recommendation to Adopt Resolution of Necessity (Ordinance) to Initiate ITEM NO: 1 nent Domain Proceedings by Port of Oakland; Property Owner/lessor: Port of PROGRAM AREA: L,dkland to Acquire Certain Property Interests of Lessee(s): KaiserAir/Earhart Z Airport Operations Associates; Alameda County Assessor Parcel No. 042-4404-005 for Port Use q Commercial Real Estate q Maritime Operations q Overall Operations SUBMITTED BY: STEVEN GROSSMAN EXECUTIVE OFFICE RECOMMENDATIO :

FACTUAL BACKGROUND:

It is recommended that the City of Oakland, by and through its Board of Port Commissioners ("Board"), initiate eminent domain proceedings to acquire the leasehold interests of KaiserAir, Inc. and Earhart Associates in and to a portion of real property owned by the Port of Oakland and designated APN 042-4404-005, by adopting the attached Ordinance of Necessity. The portion of the real property is identified on the exhibits attached hereto as Exhibit A and to the Ordinance Necessity. The Ordinance of Necessity requires a two-thirds vote of the Board for passage.

The entire parcel consists of approximately 35,999 square feet/0.827_acre from which approximately 11,855 square feet/0.272 acre is to be acquired for the project. The property is located within the Port Area on Earhart Road, Oakland International Airport, North Field Area, and the record owner is the Port of Oakland. The Port entered into an original lease of the real property with Western Automotive Facilities (dated June 9, 1981 and recorded August 6, 1981 as Document # 81- 133256 of the official records of the County of Alameda; "Master Lease") and the current lessee of the Port by assignment is KaiserAir, Inc., a corporation (pursuant to the Eighth Supplemental Agreement dated January 1, 1996 and recorded June 6, 96). The Master Lease has been subject to various subsequent assignments and/or conveyances of the leasehold interests portions thereof to subtenants/lessees including the sub-leasehold interest of Earhart Associates, a California Limited Partnership, created by the Second Supplemental Agreement to the Master Lease (dated June 18, 1985 and recorded July 19, 1985 as Document # 85-14228 of the official records of the County of Alameda). In addition, KaiserAir and Earhart are also parties to another sublease agreement entitled Industrial Net Lease, Hangar 5, Oakland Airport, entered into on June 18, 1985. The remaining term of Master Lease is to July 31, 2011; the present use of the portion of the property required by the Port is an auto parking area in connection with KaiserAir operations.

It is necessary that the leasehold interests in and to the portion of the real property be acquired by the Port for the entrance roadway, parking and utility infrastructure for the Aviation Facilities Maintenance Project. (the "Aviation Facilities Complex'). The Aviation Facilities Complex consists of reconstructing and consolidating existing structures for Airport Maintenance Facilities. The entire Airport Facilities Complex will occupy approximately 5.45 acres on the North Field of the Oakland Airport. Except for the approximately 11,855 square feet to be acquired from the KaiserAir leasehold, the Airport Facilities Complex will be on vacant, airport land located between Doolittle Drive and Earhart Road in the North Field portion of the Airport. The maintenance facilities directly support Airport activities for passengers, cargo, general aviation, parking and other ancillary activities that are necessary to the Airport operation. The purpose of the Aviation Facilities Complex project is to consolidate Airport maintenance facilities. The consolidation will intensify the use of existing Airport land. The newly constructed Aviation Facilities Complex will upgrade the structures and facilities that house Airport maintenance activities. The existing facility structures are located between Doolittle Drive and Earhart Road. The existing structures were built about 60 years ago and are outdated. The existing facilities include over 55,000 square feet of space located within several structures. Consolidated facilities will enable improved and efficient maintenance operations of this 24-hour Airport activity.

The proposed Aviation Facilities Complex includes the following: a warehouse, shop complex, office building, service building, fueling station, hazardous materials storage area, equipment storage, drive ways, parking for 60

q MOTION q RESOLUTION Z ORDINANCE 7 INFORMATION ONLY BOARD ACTION TAKEN SECRETARY OF THE BOARD DATE SUBJECT: Recommendation to Adopt Resolution of Necessity (Ordinance) to Initiate Eminent Domain Proceedings by Port of Oakland; Property Owner/lessor: Port of Oakland to Acquire Certain Property Interests of Lessee(s): KaiserAir/Earhart Associates; Alameda County Assessor Parcel No. 042-4404-005 for Port Use Page 2 of 3

existing employees, parking for service vehicles, vehicle wash rack, ancillary maintenance facilities, fencing and landscaping. The structures would be one or two stories in height. The Doolittle Drive right of way, California State Route 61, is adjacent to the easterly length of the site. The fence would include slats to visually buffer the industrial site activity from Doolittle Drive and the San Leandro Shoreline. Access to the site will be from Earhart Road and from Cooke Street. Utilities for the project will connect with existing services.

ENVIRONMENTAL REVIEW

Port of Oakland filed Notice of Exemption with Alameda County Recorder on 12/22/98. San Francisco Bay Conservation and Development Commission (BCDC) issued Permit M98-71 issued on 2/8/99 and Amendment One to Permit issued 2/25/00 to Port of Oakland for the Aviation Facilities Complex project. (Copies of the Environmental Reports are available for review at the office of the Secretary to the Board of Port Commissioners ("Board Secretary") and are incorporated into the administrative record herein.) Therefore, the Port has complied with the environmental review process under the California Environmental Quality Act ("CEQA"), found in Public Resources Code Sections 21000, et. seq. and the State CEQA Guidelines adopted by the Secretary of Resources.

The public use and necessity for the project has been established by a number of reports and studies and the use is an established public use under the law. (Copies of all reports and studies are available for review at the office of the Board Secretary and are incorporated into the administrative record herein.)

Airport Properties staff has attempted to reach an agreement with the leaseholders on the terms and conditions for voluntary purchase of the leasehold interests for $37,000, which is the appraisal amount; however, a voluntary agreement between the parties has not been reached at this time.

It is now appropriate to institute eminent domain proceedings since the Port is at an impasse with the leaseholders. Under state law procedure, a hearing is held by the Board of Port Commissioners prior to initiating eminent domain proceedings. The hearing is for the limited purpose of whether to adopt the Resolution (Ordinance) of Necessity which entails a consideration of the following four items:

a) Whether the public interest and necessity require this project;

b) That the project is planned or located in a manner that will be most compatible with the most public good and least private injury;

c) That this property sought to be acquired is necessary for this project; and

d) Whether the offer to purchase the property required by Government Code Section 7267.2 has been given to the owner lessee of record.

State law makes clear that this hearing is not for the purpose of hearing testimony as to what the leasehold interest is worth, or whether the appraisal is valid, or whether the Port has made a fair offer to the leaseholders. As such, the amount of compensation to be paid for the acquisition of the interest is not a matter or issue being heard by the Board at this time. Adopting the Ordinance will not preclude the leaseholders from claiming greater compensation as determined by a court of w in accordance with the laws of the State of California. Nor will the adoption of the Ordinance foreclose further and/or future negotiations on the amount of compensation to be paid for the interest. SUBJECT: Recommendation to Adopt Resolution of Necessity (Ordinance) to Initiate Eminent Domain Proceedings by Port of Oakland; Property Owner/lessor: Port of Oakland to Acquire Certain Property Interests of Lessee(s): KaiserAir/Earhart Associates; Alameda County Assessor Parcel No. 042-4404-005 for Port Use Page 3 of 3

NOTIFICATION:

The leaseholders KaiserAir and Earhart Associates have been given notice of this hearing by letter notice dated October 20,2000 from the office of Special Eminent Domain Counsel Gary R. Rinehart.

OPTIONS:

1) Adopt Resolution (Ordinance) of Necessity. 2) Do not adopt Ordinaiice of Necessity. 3) Request additional information.

RECOMMENDATION:

Adopt Resolution (Ordinance) of Necessity initiating eminent domain proceedings, establish the amount of probable compensation of $37,000, and authorizing deposit in court or with the State Treasurer the amount of compensation established by the Board as the probable amount of compensation to be awarded in the eminent domain and to apply to the court for an order permitting the Port to take immediate possession and use of the interests in the property for the above described public uses and purposes. EXHIBIT "8-1° •KAISERAIR, INC. TAKE AREA LEGAL DESCRIPTION

All that real property in the City.of Oak land, County of Alameda, State of California, within the area of the Oakland International Airport, being more i !. particularly described as follows: 1 ii • !1 Commencing at EAR-KAIS EC", a standard Port of Oakland monument as shown on Record of Survey 1548, recorded November 2, 1998, Book 22, Pages 71-75, Alameda County Records; thence North 35°4649" East 26.00 feet to the northeasterly street plan line of Earhart Road as shown on said Record of Survey 1546 (22M71); thence along said street plan line South 54°1411 East 86.56 feet; thence leaving said street plan line North 35°5135 East 6.00 feet to the Point of Beginning; thence parallel with said street plan North 54°1411 West 45.10 feet; thence North 35°4549 East 141.88 feet; thence South 54°1411 East 116.84; thence South 35°4549- West 76.00 feet; thence North 64°1411" West 71.63 feet; thence South 35°5135 West 85.88 feet to the Point of Beginning;

Containing 11,855 square feet 0.272 acres, more or Less, measured at ground level. End of Description Bearings and distances used in this description and its a=mpanying plat are based on the California Coordinate System, Zone III, North American Datum of 1983. Ali distances in this description are grid distances. To convert grid distances to ground distances multiply by 1.0000707. Surveyors Statement This description was prepared pursuant to section 8726 of the Business and Professions Code of the State of California by or under the supervision of: S541411 `E 116.84

0 11855± S.F. 0.272t Ac. co Airport (ct ground level) Facilities Boundary

■IN N541411 `W 71.63

6.00 N35511351T EARHART ROAD P.O.C. (52.R/w)

"EAR—KAIS EC" N 2093268.805 E 6066585.938

NOTE: BEARINGS AND DISTANCES ARE BASED UPON THE CALIFORNIA COORDINATE srs-n54 OF 1983, ZONE III. U. DISTANCES ARE GRID DISTANCES. 11UL1IPLY HEREON SHOWN DISTANCES BY-1.0000707 TO OBTAIN GROUND DISTANCES, DRAWN BY: crn 1 CHECKED BY: for ATTACHMENTS: tocR000 FILE LOC.) \106201\ka—Ocwity SCALE, r- JRT OF OAKLAND EXHIBIT "B-1" Wrk. Ord: 106201 LAND SURVEYS AND ?LAPPING KAISERAIR PARKING — TAKE AREA Field ac REV BY: an 530 Water Street Plot to Oakland, California accompany Legal Description OA • 3116/960 SHEET 1 OF 1. The OLJand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340 PUBLIC NOTICE Legal No. 1935168 PORT ORDINANCE NO. 3613 AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OF, AND AUTHORIZING EXE- CUTION OF A PURCHASE AND SALE AGREEMENT WITH WAREHOUSE PROP- ERTIES, INC., FOR THE PORT OF OAK- LANDS SALE OF AN APPROXIMATELY 14.43 ACRE PARCEL OF LAND LOCATED AT HEGENBERGER AND PARDEE ROADS. BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oak- land as follows: Section 1. The land referred to in this ordinance as the "Property" is owned by the City PROOF OF PUBLICATION of Oakland, is located within the "Port Area of the City of Oakland and consists of approximately 14.43 acre irregularly-shaped site with dual frontage on Hegenberger and Pardee Roads. Section 2. The Board hereby finds and determines as follows: In the matter of: (a) That the Property has become unnecessary for port purposes or harbor development; and (b) That the proposed sale of the Property complies with the provisions of Section 5. 13(b) of the Ports Master Trust Indenture, dated as of April 1, 1989, as amended (the "Indenturel, and does not, together with other transfers referred to therein, constitute Sale of approximately 14.43 acre parcel of land a Significant Portion of the Port (as defined in the indenture). The Board hereby directs that the proceeds of such sale shall be deposited in the Port Revenue Fund and shall be used in accordance with the provisions of Section 5.13 of the Indenture. Section 3. Based upon the findings and determinations made in Section 2 hereof, the Board hereby approves and authorizes the Executive Director to execute a Purchase The undersigned below, deposes and says that he/she was the public and Sale Agreement between the Port and Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of WAREHOUSE PROPERTIES, INC., (Buyer") (the "Agreement") tot the sale of the Prop- general circulation as defined by Government Code Section erty at a purchase price of $5,657,137, and as otherwise described in Agenda Sheet Item 6000 adjucated as such by the Superior Court of the State of California, No. 11, dated October 24, 2000. County of Alameda (Order Nos. 237798, December 4, 1951) which is Section 4. The Executive Director is au- published and circulated in Oakland Township in said county and state thorized to execute and deliver a Grant Deed conveying the Property to Buyer and such seven days a week, other documents as shall be required to That the carry out the intent of this ordinance, provided that such documents are approved as to form and legality by the Port Attorney. Section 5. The Board hereby finds and determines that the proposed sale of the Property, is exempt from the provisions of the California Environmental Quality Act (CEQA") pursuant to Guidelines S ion PORT ORDINANCE NO. 3613 15312. Section 6. The Board hereby finds and determines that the proposed sale of the Property, is exempt from the provisions of the California Environmental Quality Act "CEQA") pursuant to Guidelines Section 154312. Section 6. This ordinance is.not evidence of and does not create or constitute (a) a of which the annexed is a printed copy, was published in every issue of contract, agreement or the grant or any right, the OAKLAND TRIBUNE, on the following dates. entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance does not obligate the Port to execute or deliver the Agreement or the Grant Deed to Buyer. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance NOVEMBER 1, 2000 and delivery of a Grant Deed. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Buyer, there shall be no valid or effective Agreement. I certify (or declare) under the penalty of perjury that the foregoing is true and Section 7. This ordinance shall take effect 30 days from and after its final adoption. In Board of Port Commissioners, Oakland, California, October 24, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Pro- topappas, Scates, Tagami, Uribe and Presi- dent Kramer - 7. Noes: None. Absent: None. C aryl Poon Christopher C. Marshall, Public Notice sink Clerk Secretary of the Board NOVEMBER 1, 2000 The Oakland Tribune, #1935168 November 1, 2000 The Oa...And Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising - 10) 208-6340

Legal No. 1935168

PROOF OF PUBLICATION

In the matter of:

Sale of approximately 14.43 acre parcel of land

PORT ORDINANCE NO. 3613

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

NOVEMBER 1, 2000

I certify (or declare) under the penalty of perjury that the foregoing is

C aryl Poon Public Notice Advertisi Clerk NOVEMBER 1, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3613

AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH WAREHOUSE PROPERTIES, INC., FOR THE PORT OF OAKLANDS SALE OF AN APPROXIMATELY 14.43 ACRE PARCEL OF LAND LOCATED AT HEGENBERGER AND PARDEE ROADS.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The land referred to in this ordinance as the "Property" is owned by the City of Oakland, is located within the "Port Area" of the City of Oakland and consists of approximately 14.43 acre irregularly-shaped site with dual frontage on Hegenberger and Pardee Roads.

Section 2. The Board hereby finds and determines as follows:

(a) That the Property has become unnecessary for port purposes or harbor development; and

(b) That the proposed sale of the Property complies with the provisions of Section 5.13(b) of the Ports Master Trust Indenture, dated as of April 1, 1989, as amended (the "Indenture"), and does not, together with other transfers referred to therein, constitute a Significant Portion of the Port (as defined in the Indenture). The Board hereby directs that the proceeds of such sale shall be deposited in the Port Revenue Fund and shall be used in accordance with the provisions of Section 5.13 of the Indenture.

Section 3. Based upon the findings and determinations made in Section 2 hereof, the Board hereby approves and authorizes the Executive Director to execute a Purchase and Sale Agreement between the Port and WAREHOUSE PROPERTIES, INC., ("Buyer") (the "Agreement") for the sale of the Property at a purchase price of $5,657,137, and as otherwise described in Agenda Sheet Item No. 11, dated October 24, 2000.

30261 Section 4. The Executive Director is authorized to execute and deliver a Grant Deed conveying the Property to Buyer and such other documents as shall be required to carry out the intent of this ordinance, provided that such documents are approved as to form and legality by the Port Attorney.

Section 5. The Board hereby finds and determines that the proposed sale of the Property, is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Guidelines Section 15312.

Section 6. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance does not obligate the Port to execute or deliver the Agreement or the Grant Deed to Buyer. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance and delivery of a Grant Deed. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Buyer, there shall be no valid or effective Agreement.

Section 7. This ordinance shall take effect 30 days from and after its final adoption. In Board of Port Commissioners, Oakland, California, October 24, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer- 7. Absent: None. Noes: None. Christopher C. Marshall, Secretary of the Board Adopted at a regular meeting held November 7 , 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6

Noes: None

Absent: Commissioner Kiang - 1

President. BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3612

ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASEMENT DOCUMENTS TO PACIFIC GAS AND ELECTRIC (PGE) FOR RELOCATION OF POWER POLE AND INSTALLATION OF NEW STUB POLE AND ANCHOR FACILITIES FOR AN ADJACENT POWER POLE ALONG DOOLITTLE DRIVE, OAKLAND INTERNATIONAL AIRPORT.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section I. The Board of Port Commissioners ("Board") hereby approves and authorizes the Executive Director to execute for and on behalf of the Board and deliver to PACIFIC GAS AND ELECTRIC COMPANY ("PGE"), a California corporation, an Easement Relocation Agreement, providing for the relocation of a power pole, which relocation shall be along Doolittle Drive, Oakland, California, to allow a path for vehicle traffic with the new Aviation Maintenance Facilities Complex located at North Field, Oakland International Airport, and to install a stub pole and anchor on an adjacent pole, as more fully set forth in Agenda Sheet Item No. 7S dated October 24, 2000. Said agreement and easements shall contain such terms and conditions as the Executive Director or Port Attorney may determine necessary in order to protect the interests of the Port.

Section 2. This ordinance is not evidence of and does not create or constitute (a) a contract or the grant of any right, entitlement or property interest or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said agreement and easements in accordance with the terms of this ordinance. Unless and until a separate written agreement and easements are duly executed on behalf of the Board as authorized by this ordinance, are signed as approved as to form and legality by the Port Attorney and are delivered to PGE, there shall be no valid or effective agreement or easements.

1 30248 Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, October 24, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None.

Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held November 7, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6

Noes: None

Absent: Commissioner Kiang - 1

President.

Attest Secretary.

2 30248 The OLJand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1935169

PUBLIC NOTICE PORT ORDINANCE NO. 3612 ORDINANCE APPROVING AND AUTHO- RIZING EXECUTION AND DELIVERY OF EASEMENT DOCUMENTS TO PACIFIC GAS AND ELECTRIC (PGE) FOR RELO- CATION OF POWER POLE AND INSTAL- PROOF OF PUBLICATION LATION OF NEW STUB POLE AND AN- CHOR FACILITIES AND AN ADJACENT POWER POLE ALONG DOOLITTLE DRIVE, OAKLAND INTERNATIONAL AIRPORT.

BE IT ORDAINED by the Board of Port Commissioners ("Board ) of the City of Oak- land as follows: Section 1. The Board of Port Commis- In the matter of: sioners (Board") hereby approves and authorizes the Executive Director to execute for and on behalf of the Board and deliver to PA- CIFIC GAS AND ELECTRIC COMPANY ("PGE), a California corporation, an Ease- ment Relocation Agreement, providing for the relocation of a power pole, which relocation shall be along Doolittle Drive, Oakland, Easement documents to PGE for relocation of California, to allow a path for vehicle traffic with the new Aviation Maintenance Facilities power pole Complex located at North Field, Oakland In- ternational Airport, and to install a stub pole and anchor on an adjacent pole, as more fully set forth in Agenda Sheet Item No. 7S dated October 24, 2000. Said agreement and easements shall contain such terms and conditions as the Executive Director or Port At- torney may determine necessary in order to protect the interests of the Port. The undersigned below, deposes and says that he/she was the public Section 2. This ordinance is not evidence Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of of and does not create or constitute (a) a contract or the grant of any right, entitlement general circulation as defined by Government Code Section or property interest of (b) any obligation or liability on the part of the Board or any officer 6000 adjucated as such by the Superior Court of the State of California, or employee of the Board. This ordinance ap- County of Alameda (Order Nos. 237798, December 4, 1951) which is proves and authorizes the execution of said agreement and easements in accordance published and circulated in Oakland Township in said county and state with the terms of this ordinance. Unless and until a separate written agreement and ease- seven days a week. ments, are duly executed on behalf of the That the Board as authorized by this ordinance, are signed as approved as to form and legality by the Port Attorney and are delivered to PGE, there shall be no valid or effective agreement or easements. Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption. PORT ORDINANCE NO. 3612 In Board of Port Commissioners, Oakland, California, October 24, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Pro- ropappas, Scates, Tagami, Uribe and Presi- dent Kramer - 7. Noes: None. Absent: None. Christopher C. Marshall Secretary of the Board of which the annexed is a printed copy, was published in every issue of The Oakland Tribune, #1935169 the OAKLAND TRIBUNE, on the following dates: November 1, 2000

NOVEMBER 1, 2000

dare) under the penalty of perjury that the foregoing is

dry! Poon Public Notice Advertising Eferk NOVEMBER 1, 2000 ORIGINAL IHO UL Amu innune do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1935169

PROOF OF PUBLICATION

In the matter of:

Easement documents to PGE for relocation of power pole

PORT ORDINANCE NO. 3612

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

NOVEMBER 1, 2000

I certify (or declare) under the penalty of perjury that the foregoing is tru a )d co r ct

C eryl Poon Public Notice Advertising-e.e k NOVEMBER 1, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3611

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A TENTH SUPPLEMENTAL AGREEMENT TO LEASE WITH SKY CHEFS, INC.

WHEREAS SKY CHEFS, INC., operates an in-flight kitchen in Building M-111 and adjacent land at 50 Neil Armstrong Way, Oakland, California, under a Lease dated September 3, 1968, as amended (the "Lease"); and

WHEREAS said Lease between SKY CHEFS, INC. and the Port of Oakland expires October 31, 2000; and be it

RESOLVED, that SKY CHEFS, INC. has requested an amendment to the Lease to extend the term through December 31, 2002; now, therefore,

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The Board hereby approves and authorizes execution of that certain Tenth Supplemental Agreement to that certain Lease dated September 3, 1968, between the City of Oakland, a municipal corporation, acting by and through this Board, as Lessor, and SKY CHEFS, INC., a Delaware corporation, as Lessee, containing the terms and conditions as more fully set forth in Agenda Sheet Item No. 5S, dated October 24, 2000.

Section 2. The Board hereby finds and determines that this project has been determined to be categorically exempt from requirements of the California Environmental Quality Act and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p).

Section 3. The Executive Director is hereby authorized to execute said Tenth Supplemental Agreement.

3 025 7 Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of a lease or agreement in accordance with the terms of this ordinance. Unless and until a written lease is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to the Tenant, there shall be no valid or effective lease or agreement.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

Adopted at a regular meeting held November 7, 2000 By the following Vote:

Ayes : Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe and President Kramer - 6

Noes : None

Absent: Commissioner Kiang - 1

President.

Attest Secretary. Approve nd legality : The OL.Jand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1935118

PUBLIC NOTICE PORT ORDINANCE NO. 3611 AN ORDINANCE APPROVING AND AU- THORIZING EXECUTION OF A TENTH SUPPLEMENTAL AGREEMENT TO LEASE PROOF OF PUBLICATION WITH SKY CHEFS, INC. WHEREAS SKY CHEFS, INC., operates an in-flight kitchen in Building M-111 and adjacent land at 50 Neil Armstrong Way, Oak- land, California, under a Lease dated Sep- tember 3, 1968, as amended (the "Lease ); and WHEREAS said Lease between SKY In the matter of: CHEFS, INC. and the Port of Oakland expires October 31, 2000; and be it RESOLVED, that SKY CHEFS, INC. has requested an amendment to the Lease to extend the term through December 31, 2002; now, therefore, Ordinance approving and authorizing execution BE IT ORDAINED by the Board of Port of a tenth supplemental agreement to lease with Commissioners ("Board ) of the City of Oak- land as follows: Sky Chefs, Inc. Section 1. The Board hereby approves and authorizes execution of that certain Tenth Supplemental Agreement to that certain Lease dated September 3, 1968, between the City of Oakland, a municipal corporation, acting by and through this Board, as Lessor, and SKY CHEFS, INC., a Dela- ware corporation, as Lessee, containing the The undersigned below, deposes and says that he/she was the public terms and conditions as more fully set forth in Agenda Sheet Item No. 5S, dated October Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of 24, 2000. general circulation as defined by Government Code Section Section 2. The Board hereby finds and 6000 adjucated as such by the Superior Court of the State of California, determines that this project has been determined to be categorically exempt from re- County of Alameda (Order Nos. 237798, December 4, 1951) which is quirements of the California Environmental published and circulated in Oakland Township in said county and state Quality Act and the Port CEQA pursuant to Class 1 of Guidelines pursuant to Class 1 of seven days a week. Guidelines Section 15301(p). That the Section 3. The Executive Director is hereby authorized to execute said Tenth Supplemental Agreement.- Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This or- PORT ORDINANCE NO. 3611 dinance approves and authorizes the execution of a lease or agreement in accordance with the terms of this ordinance. Unless and until a written lease is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to the Tenant, there shall be no valid or effective lease or agreement. of which the annexed is a printed copy, was published in every issue of Section 4. This ordinance shall take effect the OAKLAND TRIBUNE, on the following dates: thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oakland, California, October 24, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, (Gang, Pro- topappas, Scates, Tagami, Uribe and Presi- NOVEMBER 1, 2000 dent Kramer - 7. Noes: None. Absent: None. Christopher C. Marshall Secretary of the Board The Oakland Tribune, #1935118 November I, 2000 I certify (orldeclare) under the penalty of perjury that the foregoing is tit, ddrrect.

Cheryl Poon Public Notice Advertising Clerk NOVEMBER 1, 2000 The Kiand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1935118

PROOF OF PUBLICATION

In the matter of:

Ordinance approving and authorizing execution of a tenth supplemental agreement to lease with Sky Chefs, Inc.

The undersigned below, deposes and says that helshe was the public Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation as defined by Government Code Section 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the

PORT ORDINANCE NO. 3611

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

NOVEMBER 1, 2000

I certify (o declare) under the penalty of perjury that the foregoing is

Cheryl Poon Public Notice Adve}t g Clerk NOVEMBER 1, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3610

AN ORDINANCE AMENDING SECTION 9.153 OF PORT ORDINANCE NO. 867.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 9.153 of Port Ordinance No. 867 is hereby amended to read as follows:

Section No. of Grade or No. Positions Title Schedule No.

9.153 1 Assistant Port Construction Administrator 231

In Board of Port Commissioners, Oakland, California, October 10, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Tagami, Uribe and President Kramer - 6. Noes: None. Absent: Commissioner Scates - 1.

Christopher C. Marshall Secretary of the Board

Adopted at an adjourned regular meeting held October 24, 20 00

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7 Noes: None

Absent: None

President. The Oa: ,and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1924432

PROOF OF PUBLICATION

PUBLIC NOTICE PORT ORDINANCE NO. 3610 AN RDINANCE AMENDING SECION In the matter of: 9.1 53 OF PORT ORDINANCE NO. T867 BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as fnl- Iows:Section 9.153 of Port Ordinance No. 867 is hereby amended to read as follows: 9,153 Ordinance Amending Section 9.153 of Port Section No 1 No. of Positions Assistant Port Ordinance NO. 867 T tie Construction Administrator grade or Gchedule No. 231 In Board of Port Commissioner, Oakland, California, October 10, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang Pro- tupappas, l ,game. Uribe and President Kramer - Noes None. Absent: Commis- The undersigned below, deposes and says that he/she was the public Scales- 1. sioner Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Christopher C. Marshall general circulation as defined by Government Code Section Secretary to the Board 6000 adjucated as such by the Superior Court of the State of The Oakland Tribune, #1924432 October 18, 2000 California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the

PORT ORDINANCE NO. 3610

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

OCTOBER 18, 2000

I certify (or declare) under the penalty of perjury that the foregoing is \and orrect.

C eryl Poon Public Notice Advertising Clerk OCTOBER 18, 2000 The 0a; And Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1924432

PROOF OF PUBLICATION

In the matter of:

Ordinance Amending Section 9.153 of Port Ordinance NO. 867

PORT ORDINANCE NO. 3610

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

OCTOBER 18, 2000

I certify (or declare) under the penalty of perjury that the foregoing is tr and orrect.

C eryl Poon Public Notice Advertising Clerk OCTOBER 18, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3609

AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833 PERTAINING TO HANDLING, STORAGE AND USE OF TOXIC MATERIALS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Item No. 02210 of Port Ordinance No. 2833 is hereby amended as follows:

HANDLING, STORAGE AND USE OF TOXIC MATERIALS

(a) Definitions:

Definition of terms used in this Item are contained in this Paragraph (a) and elsewhere in this Tariff. Those definitions shall apply unless otherwise provided in this Item or otherwise reasonably required given the context in which a term is used in this Item. In the event of any inconsistency between the definition given in this Item for a term, and the definition given elsewhere in this Tariff for that term, the definition given in this Item shall control.

"Assignee": Any Person occupying or using Port property under an Agreement or under circumstances where an Agreement is () required for such occupancy or use. 02210

"Agreement": Any agreement between a Person and the Port for occupying or using any Port property, including any assignment under Items 10105 through 10160 of this Tariff, or any other assignment, lease, license, license and concession agreement, lease or right of entry agreement, whether or not otherwise specifically referred to or provided for in this Tariff. References in this Item to "the Agreement" with regard to an Assignee means the Agreement between the Assignee and the Port.

"Assignee Representative": Assignees subtenants, sub- assignees, agents, employees, licensees, contractors and invitees, including all of Assignee Representatives invitees and all Assignee-designated secondary users. All conduct of each Assignee Representative shall be considered to be Assignees conduct for purposes of this Item, and Assignee shall be fully responsible for all conduct of each Assignee Representative the same as if the conduct of the Assignee

29961 Representative were the conduct of Assignee.

"Clean-up": Investigation, testing, feasibility studies, removal, remediation and monitoring of Toxic Materials.

"Laws": All federal, state and local laws, statutes, ordinances, codes, regulations and orders, including this Tariff, and the Uniform Fire Code as adopted by the City of Oakland, relating to the handling, use, storage, .accumulation, transportation, generation, spillage, migration, discharge, release, treatment, and disposal of any Toxic Materials.

"Permitted Toxic Materials": Toxic Materials consisting of ordinary office and janitorial supplies in amounts reasonably necessary for their intended purpose, substances in cooling systems (e.g., refrigerators and air conditioning units), automobiles and cargo handling equipment and the standard contents therein, used in the ordinary course of a Persons permitted uses under this Tariff or Agreement, and cargo handled at a Terminal, so long as said items are stored, used, 02210 handled and disposed of in accordance with all Laws; provided, however, that with respect to cooling systems, automobiles and cargo handling equipment and the standard contents therein, the foregoing Permitted Toxic Materials shall not include the storage or use of any Toxic Materials outside of a cooling system, and automobile or cargo handling equipment unless such storage or use otherwise qualifies as Permitted Toxic Materials under this definition. Permitted Toxic Materials shall also include Toxic Materials used by Assignee for a purpose included within the general uses authorized in use provisions of the Agreement with the Port, provided that the Toxic Materials are disclosed in the chemical inventory that accompanies a hazardous materials business plan (HMBP) that Assignee has filed with the appropriate regulatory agencies.

"Person": In addition to Item No. 01240, "Person" includes any entity, any Port assignee or lessee, and any Person, to whom this Tariff applies by its terms or by contract with the Port.

"Premises": The Port property occupied or used by any Assignee.

"Toxic Materials": (i) Substances that are toxic, corrosive, flammable or ignitable; (ii) petroleum products, crude oil (or any fraction thereof) and their derivatives; (iii) explosives, asbestos, radioactive materials, hazardous wastes, toxic substances or related hazardous materials; (iv) noxious fumes, vapors, soot or smoke; and (v) substances which now or in the future are defined by applicable Laws, including local, State or federal law as "hazardous substances," "hazardous materials," "hazardous wastes," "reproductive toxins," or "toxic substances," or regulated under applicable Laws, including local, state or federal law, and including those so defined in or regulated under any of the following: 15 U.S. Code Section 2601, et seq. (the Toxic Substances Control Act); 33 U.S. Code Section 1251, et seq. (the Federal Water Pollution Control Act); 42 U.S. Code Section 6901, et seq. (the Resource Conservation and Recovery Act); 42 U.S. Code Section 7401, et seq. (the Clean Air Act); 42 U.S. Code

2 29961 Section 9601, et seq. (the Comprehensive Environmental Response, Compensation and Liability Act; 49 U.S. Code Section 1801, et seq. (the Hazardous Materials Transportation Act); California Health Safety Code ("HS Code") Section 25100, et seq. (Hazardous Waste Control); HS Code Section 25300, et seq. (the Hazardous Substance Account Act); HS Code Section 25404 et seq. (Unified Hazardous Waste and Hazardous Materials Management Regulatory Program); HS Code Section 25531 et seq. (Hazardous Materials Management); HS Code Section 18901 et seq. (California Building Standards); California Water Code Section 13000, et seq. (the Porter- Cologne Water Quality Control Act); local fire codes; the regulations adopted and promulgated pursuant to such statutes, and any regulations adopted pursuant to such statutes after the effective date of this Item, as well as any subsequently enacted Laws, including federal or California statute relating to the use, release or disposal of toxic or hazardous substances, or to the remediation of air, surface waters, groundwater, soil or other media contaminated with such substances; and any other substance designated by the Port as 02210 a Toxic Material, upon a finding by the Executive Director and notice to the Assignee, that the substance poses a hazard to human health, safety, or the environment.

(b) General Prohibitions:

(1) No Toxic Materials; Exceptions: Assignee shall not cause or permit any Toxic Materials to be brought upon, remain, kept or used in or about the Premises or other Port property by Assignee or any Assignee Representative, except for Permitted Toxic Materials.

(2) Storage Tanks: Assignee shall not install, operate or remove any underground storage tank, above ground storage tank or other similar storage facility whatsoever containing Toxic Materials (including Permitted Toxic Materials) without the Ports prior written approval, which approval may be given, conditioned, or withheld in the Ports sole discretion. Any such installation, operation or removal of such tanks or other storage facilities shall be subject to all of the other applicable provisions of this Tariff.

(3) Wells and Groundwater: Assignee shall not install, operate or remove any well, or use any groundwater, on the Premises without the Ports prior written approval which approval may be given, conditioned, or withheld in the Ports sole discretion. Any such installation, operation, removal or use shall be subject to all of the other applicable provisions of this Tariff.

Assignee shall comply, at its sole cost, with all Laws relating to Toxic Materials that Assignee or any Assignee Representative brings upon the Premises. It shall be the sole obligation of Assignee to obtain and maintain any permits and approvals required pursuant to such Laws.

3 29961 (d) Disposal of Toxic Materials:

Assignee shall not dispose of any Toxic Materials, regardless of quantity or concentration, within the storm and/or sanitary sewer drains and plumbing facilities within the Premises, or other property of the Port. All disposal of Toxic Materials shall be in approved and labeled containers and removed from the Premises only by duly licensed and insured carriers and in compliance with all Laws.

(e) Material Safety Data Sheets:

Assignee shall maintain Material Safety Data Sheets, as required under the Hazard Communication Standard in 29 CFR §1910.1200, and any other Law. Such information shall be kept current at all times and shall be kept in a place accessible to the Port and other regulatory agencies including the 02210 Oakland Fire Department at any time for inspection and in the event of emergency.

(f) Clean Water Act; NPDES Permits and SWPPPs:

Assignee shall comply with all applicable Laws regarding discharges to water, including without limitation obtaining and complying with any required individual National Pollutant Discharge Elimination System ("NPDES") permit, requesting coverage under and complying with any applicable General Permit and preparation and complying with any required site-specific Storm Water Pollution Prevention Plan ("SWPPP") or any revisions to an SWPPP, with respect to Assignees operations or activities on the Premises.

(g) Entry and Inspection:

(1) Ports Entry and Inspection Rights: The Port and its authorized representatives and consultants shall have the right, but not the obligation, to enter the Premises at any reasonable time (i) to confirm Assignees compliance with the provisions of this Item, including the right to physically investigate the condition of the Premises and review all permits, reports, plans, and other documents regarding the use, handling, storage or disposal of Toxic Materials, and (ii) to perform the Ports obligations under this Item. The Ports said right shall include the right to inspect, investigate, sample and/or monitor the Premises, including any air, soil, surface water, groundwater or other sampling or any other testing, digging, drilling or analysis to determine whether Assignee is complying with the terms of this Item. Assignee shall pay the costs of Ports consultants fees and all other costs incurred by Port if said fees and costs result from Assignees failure to carry out its obligations under this Item or the Agreement, or result from Assignees occupancy or use of Premises during any time the term of the Agreement has expired or there is no Agreement in effect. The Port shall use reasonable efforts to minimize any interference with Assignees business carried on pursuant to the Agreement, which is caused by Ports entry onto the Premises, but for these purposes the Port shall not be responsible for any interference caused thereby.

4 29961 (2) Environmental Audit: The Port shall have the right, but not the obligation, to require, annually during the term of the Agreement and again within thirty (30) business days after the termination or expiration of the Agreement, or at any reasonable time if Assignee occupies or uses Premises after the term of the Agreement expires or there is no effective Agreement between the Port and Assignee, that a detailed review ("Environmental Audit") be undertaken to determine whether the Premises and Assignees and Assignees Representatives use, handling, storage or disposal of all Toxic Materials comply with this Item. The Environmental Audit shall be conducted by independent, qualified, licensed environmental consultant(s) selected by Assignee and pre- approved by the Port, or if a pre-approved Port consultant is not selected by Assignee within 30 days after request by the Port to Assignee, then by such consultant(s) selected by the Port. The Environmental Audit shall include an inspection of 02210 the Premises, interviews with the occupants of the Premises and any other matters which the consultants believe, in the exercise of their professional judgment, are reasonably necessary to ascertain whether the Premises are in compliance with this Item, including the installation of monitoring wells, and the sampling and analysis of soil, surface water and groundwater. Assignee shall fully cooperate with the consultants and comply with all information requests. After the completion of the Environmental Audit, a written report shall be prepared and copies shall be distributed to both Assignee and the Port. The cost of the Environmental Audit shall be at the Ports cost and expense, except that the cost related to matters involving Assignees non-compliance with this Item shall be borne solely by Assignee and (2) the cost of an Environmental Audit if Assignee occupies or uses premises after the term of the Agreement expires or if there is no effective Agreement between the Port and Assignee and shall be borne solely by Assignee.

(3) Required Compliance: If Assignee has failed to maintain the Premises in compliance with Assignees obligations in this Item, Assignee shall, at its cost, promptly take all reasonable action necessary to cure such non-compliance, including all Clean-Up.

(h) Indemnity:

(1) Basic Obligation: Assignee shall be solely responsible for and shall indemnify, protect, defend (with counsel acceptable to the Port) and hold harmless the Port and the Ports Commissioners, agents, employees, representatives, contractors, Port-designated secondary users of the Premises, directors and officers (collectively hereinafter referred to as the "Indemnitees") from and against any and all claims, costs, penalties, fines, liabilities or losses which arise out of Assignees failure to comply with this Item, including without limitation: (i) diminution in value of the Premises and of any other Port property; (ii) damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises (including, without limitation deed restrictions), or any other Port property; (iii) damages arising from any adverse impact on marketing of space in the

5 29961 Premises or other Port property; (iv) increased costs of maintenance, construction, repairs or major improvements to the Premises, or any other Port property; (v) Clean-up costs; and (vi) sums paid in settlement of claims, attorneys fees, consultant fees and expert fees), attorneys fees, damages, injuries, causes of action, judgments, taxes and expenses.

(2) Notice and Opportunity: The Port shall give to Assignee occupying or using Premises under Agreement with the Port reasonable notice of the Ports knowledge of Toxic Materials affecting the Premises, and the Ports knowledge of any third partys claim in relation thereto, for which Assignee may be responsible hereunder. In addition, subject to the limitations and conditions set forth in Paragraph (h)(5) below, the Port shall allow Assignee a reasonable opportunity to promptly and diligently indemnify, protect, and defend the Port, and to undertake appropriate Clean-up for which Assignee is responsible hereunder; provided, however, that all Clean-up 02210 activities by Assignee or any Assignee Representatives shall be with the Ports prior written approval, which shall not unreasonably be withheld.

(3) Action: Assignees indemnification obligation under this Paragraph (h) shall commence in no event later than any notice of any claim whether by regulatory notice (which shall be deemed to include without limitation notice by a governmental agency of an informational request, or to take investigative, remedial, removal or other action), threatened legal action, arbitration, mediation, administrative proceeding or lawsuit ("Action").

(4) Notice; Defense of Action: The Port, within a reasonable time after receipt of notice of an Action against the Port or after the Port otherwise has discovered an event or condition which would give rise to Assignees indemnification obligation hereunder, shall give written notice thereof to Assignee. The failure to so notify Assignee shall not relieve Assignee of any liability it may have to the Port. The Port shall give notice to Assignee of the commencement of an Action, and Assignee shall be entitled to participate therein. The Port may, in its sole discretion, assume control of the defense of any Action brought against the Port, and Assignee shall be responsible for payment and/or reimbursement of all defense costs for which Assignee is responsible under this Item. Except to the extent Assignee establishes they are unreasonable, defense costs shall include all legal and attorneys fees (including costs attributable to in-house attorneys), legal overhead costs, court costs, fees and costs of experts retained as consultants or expert witnesses, in-house environmental staff costs, fees and costs charged by governmental entities for such items as oversight or review fees. The defense of an Action shall be deemed to include pre-litigation defense costs, the response to any request, directive or order by a governmental agency, and the cost associated with tendering claims to insurance carriers for defense and indemnity. Assignee and the Port shall cooperate with each other in the defense against any Action, including, without limitation, the tendering of claims to Assignees insurance carriers for defense and indemnity.

6 29961 (5) Settlements: No compromise or settlement of any Action affecting the Premises may be effected by Assignee without the Ports prior written consent, which the Port shall riot unreasonably delay or withhold; provided, that such Port consent shall not constitute any release or waiver by the Port of any obligation of Assignee or right of the Port under the Agreement.

(6) Right to Defend: With respect to any Action by a governmental agency, and with respect to all other claims as to which the Port determines in good faith that there is a reasonable probability that such Action or claim may materially and adversely affect the Port other than as a result of monetary damages or that the monetary damages are likely to exceed the amount which Assignee is obligated to indemnify under this Paragraph (h), the Port may, by notice to the Assignee, participate to the extent of the Ports interests to defend, compromise or settle such action without 02210 prejudice to its rights to indemnification hereunder.

(7) Survival: Assignees indemnification obligation under this Paragraph (h) shall survive expiration or other termination of any Agreement.

(8) Pre-Existing Contamination: Notwithstanding any other provision of this Item, Assignee shall not be responsible for any Toxic Materials that were on the Premises prior to Assignees taking possession or commencing use or occupancy of the Premises except as follows: (1) Assignee shall be responsible to the extent that the scope, boundaries or level of contamination, or the cost of Clean-up of any such Toxic Materials is increased as a result of Assignees failure, after Assignee knows, or a reasonable person in Assignees circumstances would have known, that Toxic Materials are on the Premises or other Port property, promptly and reasonably to (A) notify the Port in writing of such Toxic Materials, (B) take precautionary measures (directed or approved in advance by the Port in writing) to alter its operations and the activities of other parties (including Assignees Representatives) on the Premises in order to assure that such operations or activities do not increase such scope or cost; and (C) provide the Port prompt and adequate access to the Premises in order to undertake all Clean-up activities that the Port, at its sole discretion, may take; (2) Assignee shall be responsible for any such Toxic Materials on the Premises prior to Assignees taking possession, or commencing- occupancy or use, of the Premises if such Toxic Materials were present on the Premises due to the negligent or intentional acts or omission of Assignee or any Assignee Representative; and (3) Assignee shall be responsible for any Toxic Material that is discovered, released or disturbed as the result of any excavation or other subsurface activity made or undertaken on the Premises by Assignee or any Assignee Representative, unless the Port has given to Assignee in writing prior approval for such excavation or subsurface activity including the workplan for such excavation or subsurface activity (which approval may be given or withheld in the Ports sole discretion and which approval may also be conditioned upon Assignees compliance with the Ports directive to modify Assignees excavation or subsurface activity plans so as to

7 29961 minimize the excavation, release or disturbance of Toxic Materials on, under or beneath the Premises).

(i) Cleanup:

If Assignee or any Assignee Representative causes contamination of surface water, groundwater or soil or other portions of the Premises by Toxic Materials, then Assignee shall promptly take any and all actions necessary, including such actions as may be necessary in addition to actions required by regulatory agencies, to complete Clean-up of such contamination. Prior to taking such action, except in the case of an emergency, Assignee shall provide Port with written notification of all actions proposed to be taken by Assignee, and shall proceed with such action only upon receipt of approval by the Port for such action. If Assignee fails to ( k) take such action after approval by the Port, or if the Port 02210 does not approve Assignees proposed action, Port may, but shall not be obligated to, take Clean-up actions. In such event, all costs incurred by Port with respect to such Clean- up activities, except to the extent Assignee establishes that such costs are unreasonable, shall be for the account of Assignee.

(j) Notices:

In addition to Assignees obligations to report spillage, discharge, release and disposal of Toxic Materials to local, state and federal agencies, Assignee shall immediately provide Port with telephonic notice, which shall later promptly be confirmed by written notice, of any and all spillage, discharge, release and disposal of Toxic Materials onto or within the Premises or other Port property and any injuries or damages resulting directly or indirectly therefrom, regardless of whether reporting to a governmental agency is required. Further, Assignee shall give the Port written notice of any Action against Assignee or any Assignee Representative, and shall deliver to Port each and every notice or order received by Assignee or any Assignee Representative from governmental agencies concerning Toxic Materials and the possession, use and/or disposal thereof, promptly upon receipt of notice of such Action or receipt of each such notice or order, respectively.

(k) Fees, Taxes and Fines:

Assignee shall pay, prior to delinquency, any and all fees, taxes (including excise taxes) and fines which are charged upon or incident to any responsibility of Assignee under this Item, and shall not allow such obligations to become a lien or charge against or upon the Premises or the Port.

(1) Delivery of Documentation:

(1) Copies to Port: If Assignee makes any disclosure, or provides any report, to any governmental agency concerning Assignees storage, use, generation or disposal of Toxic Materials on the Premises or other Port property, Assignee shall concurrently also provide a copy of such disclosure or report to the Port.

29961 (2) Business Plan: At any time that Assignees business conducted within the Premises requires the establishment and implementation of a business plan pursuant to California Health and Safety Code §25500 et seq. or any other Laws concerning the handling of Toxic Materials, or to prepare an inventory pursuant to any Laws, Assignee shall (i) timely comply with such requirement, (ii) promptly give written notification to the Port that Assignees business is subject to the business plan requirement of the Code or other Laws, (iii) promptly advise the Port whether the business is in compliance with the Code and the Laws, and (iv) simultaneously deliver to the Port and the appropriate regulatory agency any such business plan.

(3) Clean Water Act Documents: Assignee shall deliver to the Port a copy of all registration forms, reports, policies, its site-specific SWPPP, any revised or updated SWPPP and documents submitted to a government agency or prepared or 02210 maintained by Assignee, required to be prepared pursuant to the Clean Water Act.

(4) Proposition 65: Assignee shall deliver to Port a copy of any notices posted, distributed or published pursuant to Proposition 65, Chapter 6.6, Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5 et seq.

(5) Documents: Assignee shall maintain for periodic inspection by the Port and deliver to Port upon request (unless required by other provisions of this Item or by the Laws without the stated requirement for a Port request) true and correct copies of the following documents (hereinafter referred to as the "Documents"), related to the handling, storage, disposal and emission of Toxic Materials, concurrently with the receipt from or submission to a governmental agency:

Permits; approvals; spill reports; reports and correspondence; storage and management plans; spill prevention control and countermeasures plans; other spill contingency and emergency response plans; documents relating to taxes for toxic materials; manifests for disposal or treatment of Toxic Materials; notice of violations of any Laws; plans relating to the installation of any storage tanks to be installed in, under or around the Premises; and all closure plans or any other documents required by any and all federal, state and local governmental agencies and authorities for any storage tanks or other facilities installed or Toxic Materials located in, on or under the Premises.

Assignee is not required, however, to provide Port with any portion(s) of the Documents containing information of a proprietary nature which, in and of itself, does not contain a reference to any Toxic Materials or hazardous activities which are not otherwise identified to the Port in such Document, unless any such Document names the Port as an "Owner" or

9 29961 "Operator" of the facility in which Assignee is conducting its business. It is not the intent of the foregoing, unless necessary for the Port to comply with Laws or to enforce provisions of this Item or otherwise secure the Ports rights, to provide Port with information which could be detrimental to Assignees business should such information become possessed by Assignees competitors.

( m ) Expiration of Term of Agreement:

(1) Periodic Monitoring; Surrender: Assignee regularly shall monitor and inspect the Premises and all activities thereon with the objectives of discovering any Toxic Material that Assignee is required under the terms of this Item to Clean-up or to remove upon expiration or termination of the Agreement and of making reasonable and adequate provisions for assuring that removal of any Toxic Materials is accomplished before such expiration or termination. This Paragraph (m) is not intended to and shall not be construed to delay any Clean- 02210 up that is required by Laws or other provision of this Item to be undertaken before expiration or termination of the Agreement. In all cases where reasonably possible, before expiration or termination of the Agreement, and in all other cases promptly after the scheduled date of expiration or termination of the Agreement, Assignee shall take any and all action required to be taken under this Item and the Laws in order to (i) surrender the Premises to the Port in a condition which would be free, to the extent necessary as determined by the Port in its reasonable business judgment to avoid any material adverse impact on the use or value of the Ports property, of any and all Toxic Materials for which Assignee has Clean-up responsibility under this Item, and (ii) close or remove any storage tanks in, on or under the Premises installed or operated by Assignee or any Assignee Representative (said items (i) and (ii) herein referred to as "Agreement Closure").

(2) Actions to Accomplish Agreement Closure: Notwithstanding any lesser standard of removal or remediation which might be allowable under the Laws or governmental policies, Assignee shall perform or cause to be performed all actions necessary, as determined by the Port in its reasonable business judgment, to ensure that Agreement Closure, has been completed, including inspection, testing and post-Agreement Closure monitoring, and shall provide to the Port copies of such notices of compliance, clearances, "no further action" notices or other notices or approvals from appropriate governmental agencies as may be reasonably required by the Port to evidence Assignees completion of its Agreement Closure obligations. Assignee, at its own expense, shall repair any damage caused by such work and unless otherwise requested by the Port, shall destroy, at the completion of all testing and monitoring, in accordance with applicable Laws, any and all monitoring wells installed as a result of or in connection with Assignees occupancy of the Premises or otherwise installed by Assignee, or at Assignees direction.

(3) Failure to Comply: Assignee shall be liable to the Port and the Port may recover from Assignee the diminution in value, damages, costs and sums paid listed in clauses (i)

10 29961 through (vi) of Paragraph (h)(1) resulting from Assignees failure to surrender the Premises in the condition required and to complete any required Agreement Closure before the scheduled date of expiration or termination of the Agreement or resulting from the Port actions to complete the Clean-up or closure or removal of storage tanks which was included in Assignees Agreement Closure obligations. Assignee shall notify the Port in writing promptly after Assignee becomes aware that Assignee likely will not complete required work before the scheduled date of expiration or termination of the Agreement.

(4) Closure Plans: Assignee shall submit to the Port for review, comment and approval its closure plans relating to Agreement Closure and to the remediation of Toxic Materials or to the closure and removal of any storage tanks at least twenty-one (21) business days prior to the commencement of the work. (5) Certificates: Upon the expiration or earlier 02210 termination of the Agreement, Assignee, at its sole cost, shall reasonably remove from the Premises and remediate all Toxic Materials for which Assignee has Clean-up responsibility under this Item, and shall provide a certificate to the Port certifying Assignee has done so. If Assignee fails to so surrender the Premises as required herein, Assignee shall indemnify, protect, defend and hold the Port harmless from all damages resulting from such failure as provided in Paragraph (m) (3) hereof.

(6) Storage Tanks: With regard to underground and aboveground storage tanks, if any, at least 90 days, but not more than 120 days, before expiration of the term of the Agreement, or, in the event of earlier termination prior to the date of termination, Assignee shall give the Port written notice expressly referring to the provisions herein and stating Assignees intention either to close or to remove any storage tank. The Port may elect by written notice to Assignee, given at any time not later than 30 days after receipt of notice of Assignees intention, to require Assignee either (i) to remove said tanks or (ii) to leave the tanks in place in operating condition, provided, however, that if the Port requires Assignee to leave the tanks in place in operating condition, Assignee shall provide Port with documentary evidence that the tanks have been modified to comply with the upgrade requirements for underground storage tanks, spill and overfill prevention and underground piping pursuant to Chapter 6.7, Underground Storage of Hazardous Substances, Health and Safety Code, that the tanks have passed Tank Tightness Integrity Tests for the past five (5) years, and provide to the Port soil and groundwater monitoring data verifying that there has been no release of Toxic Materials from the tanks and all other monitoring records, equipment testing or maintenance records required by California Code of Regulations Title 23, Chapter 16, Section 2610 et seq. If the Port gives notice of election to Assignee during said 30-day period, Assignee shall handle the tanks in accordance with Ports intention as stated in its notice to the Assignee. If no notice of election is given to Assignee, Assignee shall remove said tanks as required by Law.

11 29961 (n) Consultants and Contractors:

All consultants or contractors performing work on behalf of Assignee concerning Toxic Materials on the Premises shall be qualified and licensed to undertake the applicable work and as to any consultants or contractors selected by Assignee, Port shall be notified of the selected consultants or contractors at least ten (10) business days prior to the commencement of any work by such consultants or contractors (except in an emergency, in which case Port shall be notified within one (1) business day after the selection of the consultants or contractors). All work shall be performed in a good, safe and workmanlike manner and, with regard to work performed at or near the end of the term of the Agreement, in a manner that will not interfere with Ports use, operation, leasing or sale of the Premises. 02210 (o) Spill Response Plan:

Assignee shall at all times maintain with the Port and post in an appropriate location on the Premises a complete copy of spill notifications forms required from time-to-time by the Port. Assignee shall comply with all notification and procedural requirements for Port tenants set forth in any applicable Port spill plan in effect from time-to-time.

(p) Asbestos Notification:

Assignee shall comply with all asbestos notification requirements, asbestos management plans, and asbestos handling requirements required by Law and as set forth (but not limited to) Health and Safety Code Section Chapter 10.4 Asbestos Notification, sections 25915, et seq. Assignee is required to provide written notice to its employees of known asbestos containing materials. Assignee is also required to enact asbestos management plans, and post warnings with respect to any construction, maintenance or remodeling conducted in the building area where there is a potential for employees to come into contact with, or release, or disturb asbestos or asbestos containing construction materials. Assignee shall comply with asbestos survey and monitoring requirements as required by Law.

(q) Ports Claims:

Nothing in this Item shall be construed to prohibit or restrict the Port or Assignee from pursuing any and all claims, causes of action, proceedings, and the like, against insurance carriers and against any other person or entity which the Port or Assignee may believe caused or otherwise contributed to the claims, demands, causes of action, damages and liabilities of any kind arising directly or indirectly out of any Toxic Materials on the Premises.

12 29961 Section 2. This ordinance shall take effect on November 1, 2000.

Adoptedatan adjourned regular meeting held October 24 , 2 000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

President.

Attest Secretary. App legality :

13 29961 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3608

AN ORDINANCE AMENDING ORDINANCE NO. 3542 WITH RESPECT TO METROPOLITAN OAKLAND INTERNATIONAL AIRPORT TAXICABS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland ("Board") as follows:

Section 1. The "Taxicab Regulations, Metropolitan Oakland International Airport, originally adopted by the Board pursuant to Port Ordinance 3542, on October 5, 1999, and subsequently amended, are hereby further amended so that Paragraph 5.B. reads in full as follows:

"B. Alternative Fuel. Each Permit Holder holding more than one Airport permit shall either (1) on and after January 1, 2001, ensure that 50% of all the Taxicabs for which Airport Permits have been issued to such Permit Holder or 50% of such Taxicabs less one should the number of such Taxicabs be an odd number shall use Alternative Fuel and provides sufficient proof of ownership of all Alternative Fuel Taxicabs; or (2) on or before November 6, 2000, provide such documentation and further proof as shall be reasonably acceptable to the Landside Operations Manager that the number of Taxicabs required to use Alternative Fuel as designated in subsection 5.A.(1) above have been ordered from the manufacturer(s) of such Alternative Fuel vehicles; provided that if this alternative (2) is elected, the requisite number of Taxicabs using Alternative Fuel shall in fact be converted and in use under Airport Permits no later than June 1, 2001. For example, if a Permit Holder has 10 Airport Permits, five of the Taxicabs shall use Alternative Fuel. The term "Alternative Fuel" means a power supply that is either electricity or compressed natural gas." Section 2. EFFECTIVE DATE

This Ordinance shall take effect upon final adoption thereof.

Christopher C. Marshall Secretary of the Board

Adoptedatan adjourned regular meeting held October 24 , 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

President.

Attest Secretary. ORIGINAL The Oal..And Tribune do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1924430

PUBLIC NOTICE PORT ORDINANCE NO. 3608 PROOF OF PUBLICATION AN ORDINANCE AMENDING PORT OR- DINANCENO. 3542 WITH RESPECT TO METROPOL.ITANOAKLAND INTERNA- TIONAL AIRPORT TAXICABS BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland ("Board") as follows; Section 1. The "Taxicab Regulations, Met- In the matter of: ropolitan Oakland International Airport, originally adopted by the Board pursuant to Port Ordinance 3542, on October 5, 1999, and subsequently amended, are hereby further amended so that Paragraph 5.B. reads in full as follows: "B. Alternative Fuel. Each Permit Holder holding more than one Airport permit shall either (1) on and after January 1, 2001, ensure Ordinance Amending Ordinance No. 3542 that 50% of all the Taxicabs for which Airport Permits have been issued to such Permit Holder on 50% of such Taxicabs less one should the number of such Taxicabs be an odd number shall use Alternative Fuel and provides sufficient proof of ownership of all Alternative Fuel Taxicabs; or (2) on or before November 6. 2000, provide such documentation and further proof as shall be reasonably acceptable to the Landslide Operations Man- ager that tho number of Taxicabs required to The undersigned below, deposes and says that he/she was the public use Alternative Fuel as designated in subsection 5A. (1) above have been ordered from Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of the manufacturer(s) of such Alternative Fuel general circulation as defined by Government Code Section vehicles; provided that if this alternative (2) is elected, the requisite number of Taxicabs 6000 adjucated as such by the Superior Court of the State of using Alternative Fuel shall in fact be converted and in use under Airport Permits no California, County of Alameda (Order Nos. 237798, December 4, later than June 1, 2001. For example, if a 1951) which is published and circulated in Oakland Township in said Permit Holder hat 10 Airport Permits, five of the Taxicabs shall use Alternative Fuel. The county and state seven days a week. term "Alternative Fuel" means a power supply that is either electricity or compressed That the natural gas." Section 2. EFFECTIVE DATE This Ordinance shall take effect upon final adoption thereof. In Board of Port Commissioners, Oakland, California, October 10, 2000. Passed to print PORT ORDINANCE NO. 3608 for one day by the following vote: Ayes: -Commissioners Ayers-Johnson, Kiang, Pro- topappas, Tagami, Uribe and President Kramer - 6. Noes: None. Absent: Commmis- sioner Scates - 1. Christopher C. Marshall Secretary to the Board The Oakland Tribune, #1924430 October 18, 2000 of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

OCTOBER 18, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and orrec

Cheryl Poon Public Notice Advertising Clerk OCTOBER 18, 2000 The OaLAnd Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising )) 208-6340

Legal No. 1924430

PROOF OF PUBLICATION

In the matter of:

Ordinance Amending Ordinance No. 3542

The undersigned below, deposes and says that he/she was the public Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation as defined by Government Code Section 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos, 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the

PORT ORDINANCE NO. 3608

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

OCTOBER 18, 2000

I certify (or declare) under the penalty of perjury that the foregoing is

Cheryl Poon Public Notice Advertising Clerk OCTOBER 18, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3607

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AGREEMENT WITH ALAMEDA GATEWAY, LTD. (AND RELATED PARTIES) REGARDING THE OAKLAND HARBOR NAVIGATION IMPROVEMENT (-50 FOOT) PROJECT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves that certain "Agreement Between Alameda Gateway, Ltd. (And Related Parties) and the Port of Oakland Regarding the Oakland Harbor Navigation Improvement (-50 Foot) Project" (the "Gateway-Port Agreement") on file with the Secretary of the Board, between Alameda Gateway, Ltd., a California limited partnership, John Beery Organization, a California limited partnership, Alameda Financial Inc., a California corporation, and John C. Beery, Jr. (each a "Gateway provides, among other things, (1) for the conveyance by each Gateway Party to the Port of certain rights of entry (including construction access rights) and of all such right, title, interest and claims as BSY may now or in the future hold in the Inner Harbor channel as said channel is authorized by Section 101(a)(7) of the Water Resources Development Act of 1999, Public Law 106-53 ("WRDA 99"), and in certain water and upland areas southerly of said Inner Harbor channel along the northern City of Alameda waterfront, for purposes of the Oakland Harbor Navigation Improvement (-50 Foot) Project ("Dredging Project"), (2) that each Gateway Party agrees not to challenge, object to or oppose the Dredging Project, (3) that the Gateway Parties shall not be required to pay any costs to remove the remainder of Piers 2 or 4, to demolish any other improvements, or to pay any cost for any other activity to construct the Dredging Project, (4) that the Gateway Parties shall not interfere with the use of the Federal Channel or its turning basin for navigation purposes, (5) that Gateway shall own, and be free to use, the new bulkheads built along the shoreline of its property as a part of the Dredging Project, but shall also be responsible to repair and maintain them as necessary for safe navigation of the Federal Channel and turning basin, and (6) that the effectiveness of the Gateway-Port Agreement is subject to conditions subsequent including (a) the effective date of a Litigation Settlement Agreement among the United States, Gateway and the Port and (b) expiration of the 30-day referendum period for this ordinance without the conditions being satisfied for a referendum on the ordinance.

Section 2. The Executive Director is hereby authorized to execute the Gateway-Port Agreement, or an agreement containing substantially the same provisions that are contained in the Gateway-Port

29622 Agreement, and the Executive Director and the Port Attorney each are hereby authorized to execute all documents and take all other actions necessary or appropriate to implement said Agreements, provided that all contracts for construction, services and supplies shall be entered into in accordance with Port Ordinance 1606, as amended.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the agreements as provided in Sections 1 and 2 of this ordinance. Unless and until a separate written agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to the other party or parties to the Agreement, there shall be no valid or effective Agreement.

In Board of Port Commissioners, Oakland, California, September 19, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates and Vice President Tagami - 5. Noes: None. Absent: Commissioner Uribe and President Kramer - 2.

Christopher C. Marshall Secretary of the Board

Adopted at a adjourned regular meeting held October 10 , 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Tagami, Uribe and President Kramer - 6

Noes: None

Absent: Commissioner Scates - 1

President.

Attest Secretary. Approved olity :

2 29622 The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising PUBLIC NOTICE 208-6340 PORT ORDINANCE NO. 3607 AN ORDII APPROVING AND AU- THORIZING THE EXECUTION OF AGREE- MENT WITH LA,MEDA GATEWAY, LTD. Legal No. 1908379 (AND RELATED PARTIES) REGARDING THE OAKLAND HARBOR NAVIGATION IM- PROVEMENT (-50 FOOT) PROJECT. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commis- sioners ("Board") hereby approves that certain "Agreerneilt Between Alameda Gateway, Ltd. (And Related Parties) and the Port of Oakland Regarding the Oakland Harbor Nav- igation Improvement (-50 Foot) Project" (the "Gateway-Port Agreement") on file with the Secretary of the Board, between Alameda Gateway, Ltd., a California limited partner- PROOF OF PUBLICATION ship, John Beery Organization, a California limited partnership, Alameda Financial Inc., a California corporation, and John C. Beery Jr. (each a "Gateway Party" and collective! , the "Gateway Parties") and the Port, which provides, among other things, (1) for the conveyance by. each Gateway Party to the Port of certain rights of entry (including construction access rights) and of all such right, title, interest and claims as BSY may now or in the In the matter of: future hold in the Inner Harbor channel as said channel is authorized by Section 101(a)(7) of the Water Resources Develop- ment Act of 1999, Public Law 106-53 ("WRDA 99"), arid in certain water and upland areas southerly of said Inner Harbor channel along the northern City of Alameda waterfront, for purposes of the Oakland Harbor Navigation Improvement (-50 Foot) Port Ordinance No. 3607 Project ("Dredging Project"), (2) that each Gateway Party agrees not to challenge, object to or oppose the Dredging Project, pi that the Gateway Parties snarl not be required to pay any costs to remove the remainder of Piers 2 or 4, to demolish any other improvements, or to pay any cost for any other activity to construe, the Dredging Project, (4) that the Gateway Parties shall not interfere with the use of the Federal Channel or its turning basin for nav,oatinn purPr- The undersigned below, deposes and says that he/she was the public (5) that Gateway shall own, Kee to Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of use, the new bulkheads built along the shoreline of its property as a part of the general circulation as defined by Government Code Section Dredging Project, but shall also be responsible to repair and maintain them as neces- 6000 adjucated as such by the Superior Court of the State of sary for safe navigation of the Federal California, County of Alameda (Order Nos. 237798, December 4, Channel and turning basin, and (6) that the effectiveness of the Gateway-Port Agreement 1951) which is published and circulated in Oakland Township in said is subject to conditions subsequent including (a) the effective date of a Litigation Settle- county and state seven days a week. ment Agreement among the United States, That the Gateway and the Port and (b) expiration of the 30-day referendum period for this ordinance without the conditions being satisfied for a referendum on the ordinance. Section 2. The Executive Director is hereby authorized to execute the Gateway- Port Agreement, or an agreement containing substantially the same provisions that are contained in the Gateway-Port Agreement, and the Executive Director and the Port At- torney each are hereby authorized to execute all documents and take all other actions necessary or appropriate to implement said Agreements, provided that all contracts for construction, services and supplies shall be entered into in accordance with Port Ordi- nance 1606, as amended. of which the annexed is a printed copy, was published in every issue of Section 3. This ordinance is not evidence of and does not create or constitute (a) a the OAKLAND TRIBUNE, on the following dates: contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the agreements as provided in Sec- tions 1 and 2 of this ordinance. Unless and until a separate written agreement is duly ex- SEPTEMBER 25, 2000 ecuted on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to the other party or parties to the Agreement, there shall be no valid or effective Agreement. I certify (or declare) under the penalty of perjury that the foregoing is In Board of Port Commissioners, Oakland, California, September 19, 2000. Passed to tr.- and errect. print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kano, Pro- topappas, Scates and Vice President Tagami - 5. Noes. None. Absent: Commissioner Uribe and President Kramer - 2. Christopher C. Marshall Secretary of the Board C` yl Poon The Oakland Tribune, #1900379 Public Notice AdvertisingClerk September 25. 2000 SEPTEMER 25, 2000 ORIGINAL 1 IIG util.-411111 I nuune c/o ANG Newspapers Tribune Tower, 401 13th Street. Oakland. CA 94612 Legal Advertising 208-6340

Legal No. 1908379

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3607

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

SEPTEMBER 25, 2000

I certify (or declare) under the penalty of perjury that the foregoing is r and rrect.

00r1 Public Notice Advertis Clerk SEPTEMER 25, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3606

AN ORDINANCE AMENDING PORT ORDINANCE NO. 3044, FIXING CERTAIN REVISED PARKING RATES AT THE PARKING FACILITIES IN JACK LONDON SQUARE

WHEREAS, the Board of Port Commissioners ("Board") desires to amend Port Ordinance No. 3044 to further revise certain parking rates at the parking facilities in Jack London Square; now therefore

BE IT ORDAINED by the Board as follows:

Section 1. Sections 4(a), 4(b) and 4(c) of Port Ordinance No. 3044 are amended to read as follows:

(a) Washington Street Garage:

Parking Time Validated Rate Unvalidated Rate

First Hour $.50 $1.25 Each additional 1/2 Hour (or portion thereof) $1.00 $1.25 12 Hour Maximum $11.00 $13.00

(b) Underground Garage:

Parking Time Validated Rate Unvalidated Rate

First Hour .50 $1.50 Each 1/2 Additional Hour (or portion thereof) $1.50 $1.50 12 Hour Maximum $13.00 $15.00

Parking Time Validated Rate Unvalidated Rate

First Hour .50 $1.25 Each Additional 1/2 Hour (or portion thereof) $1.00 $1.25 12 Hour Maximum $11.00 $13.00

28206 Section 2. Subsection 4(i) of Port Ordinance No. 3044 is amended to read as follows:

(i) Validation Programs: The Executive Director is authorized to establish and maintain a validation program which program shall read as follows:

12-hour validation $75.00 per sheet (10 stamps, $7.50 each) Tenants may purchase prepaid parking stamps

Merchant Valometer Validation $.10 per validation (Collect up front from merchants on set number of validation on descending meter) Validated rates apply

Office Tenants $125.00 per book (100 stamps, $1.25 each) Validated rates apply

Port of Oakland Visitors and clients prepaid parking $300 per book (100 stamps, $3.00 each)

Port Valometers Validated rates apply

On Line Validations $.10 per validation (excluding cinema) Validated rates apply

28206 Section 3. Subsection (1) is hereby added to Section 4 of Port ordinance No. 3044 to read as follows:

(1) Amtrak Lot Short-term public: $0.75 per half hour 4 Hour Maximum: $6.00 up to four hours Long-term Amtrak Riders: $3.00 per 24 hours

Christopher C. Marshall Secretary of the Board

Adopted at a adjourned regular meeting held October 10 , 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Tagami, Uribe and President Kramer - 6

Noes: None

Absent: Commissioner Scates - 1 ORIGINAL The Oakland Tribune -/o ANG Newspapers ribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1603455

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3606 AN ORDINANCE AMENDING PORT ORDINANCE NO. 3044, FIXING CERTAIN REVISED PARKING RATES AT THE PARKING FACILITIES IN JACK LONDON SQUARE WHEREAS, the Board of Port Commissioners (Board") desires to amend Port Ordinance No. 3044 to further revise certain parking rates at the parking facilities in Jack London Square; now therefore BE IT ORDAINED by the Board as follows: PROOF OF PUBLICATION Section 1. Sections 4(a), 4(b) and 4(c) of Port Ordinance No. 3044 are hereby amended to read as follows: (a) Washington Street Garage: Parking Time Validated.Rafe Unvalidated Rate First Hour $ .50 $1.25 Each Additional G hour or portion thereof) In the matter of: $1.00 1.25 12 Hour Maximum 11.00 $13.00 i (b) Underground Garage: Parking Time Validated Rate Unvalidated Rate First Hour $ .50 $1.50 Each Y Addtiona! Hour (or portion thereof) PORT ORDINANCE NO. 3606 $1.50 $1.50 12 Hour Maximum $13.00 $15.00 (c) Surface Lots: Parking Time Validated Rate Unvalidated Rate First Hour $ .50 $1.25 Each Additional t Hour rgrtion thereof) 1 aur Maximum p1 1.00 The undersigned below, deposes and says that he/she was the public Section 2. Section 4(i) of Port Ordinance No. 3044 is amended to read as follows: Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of rdatraiomn Pwrgr d iiisrligtgrwiss authorized to establish and maintain a val da on erirsOgT11r7, INLritalvae general circulation as defined by Government Code Section 12-hour validation: 6000 adjucated as such by the Superior Court of the State of $75.00 per sheet California, County of Alameda (Order Nos. 237798, December 4, (10 stamps, $7.50 each) Tenants may purchase 1951) which is published and circulated in Oakland Township in said prepaid parking stamps county and state seven days a week. Merchant Valometer Validation That the $.10 per validation (Collect up front from merchants on set number of validation on descending meter) Validated rates apply Office Tenants $125.00 per book (100 stamps, $1.25 each) PUBLIC NOTICE Validated rates apply Port of Oakland Visitors and clients prepaid parking $300 per book (100 stamps, $3.00 each) Port Valometers Validated rates apply OnUne Validations of which the annexed is a printed copy, was published in every issue of $.10 per validation (excluding cinema) the OAKLAND TRIBUNE, on the following dates: Validated rates apply Section 3. Subsection (1) is hereby added to Section 4 of Port Ordinance No.3044 to rend as follows: (1) Amtrak Lot Short-term public: $0.75 per half hour SEPTEMBER 25, 2000 4 Hour Maximum: $6.00 up to four hours Long-term Amtrak Riders: $3.50 per 24 hours In Board of Port Commissioners, Oakland, California, September 19, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates and Vice President Tagami - 5. Noes: None. Absent: Commissioner Uribe and Presi- dent Kramer. Christopher C. Marshall Secretary of the Board The Oakland Tribune, #1908455 September 25, 2000 The Oakland Tribune ORIGINAL ANG Newspapers .ribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340 /9re37 Legal No. -1-908455-

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3606

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

SEPTEMBER 25, 2000

I certify (or declare) under the penalty of perjury that the foregoing is

CHERYL POOH Public Notice Adverts Clerk SEPTEMBER 25, 2000

BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3605

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDING SECTION 2.03, ADDING SECTIONS 5.185 AND 11.0069, AND TO AMEND SECTIONS 5.161 AND 5.184.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Section 2.03 of Port Ordinance No. 867 is hereby amended to add new salary schedule which section shall read as follows:

No. a. b. c. d.

248.08 4900 5144 5403 5726 6069

Section 2. Sections 5.185 and 11.0069 are hereby added to Port Ordinance No. 867 to read as follows:

Section No. of Salary or No. Positions Title Schedule No.

5.185 1 Training and Development Specialist 500.2 Maritime Projects Coordinator - 11.0069 1 Traffic Representative III-A 248.08

29470

Section 3. The following sections of Port Ordinance No. 867 are hereby amended to read as follows:

Section No. of Salary or No. Positions Title Schedule No.

5.161 5 Contract Compliance Officer 483.5 5.184 1 Personnel and Employee Services Supervisor 543.1

In Board of Port Commissioners, Oakland, California, September 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None. Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held September 19, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates and Vice President Tagami - 5

Noes: None

Absent: Commissioner Uribe and President Kramer - 2

1.4 et,. -President. 6, Attest eeretary.

Port-Attorney The OaL _and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising sl 208-6340

Legal No. 1896391

PROOF OF PUBLICATION

In the matter of: PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3605 AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, AIVIENDING SECTION 2.03, ADDING SECTIONS PORT ORDINANCE NO. 3605 5.185 AND 11.0069, AND TO AMEND SECTIONS 5.161 AND 5.184. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Section 2.03 of Port Ordinance No. 867 is hereby amended to add new salary schedule which section shall read as follows: SCHED RATE RATE RATE RATE RATE NO. 248.08 4900 5144 5403 5726 6065 The undersigned below, deposes and says that he/she was the public ection 2. Sections 5.185 and 11.0069 are hereby added to Port Ordinance No. 867 to read Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of allows general circulation as defined by Government Code Section oection No.of Sal or No. Positions Title Sched. No 6000 adjucated as such by the Superior Court of the State of 5.185 1 Trng Dev Spec 500,2 11.0069 1 Mantilla Proj Goer California, County of Alameda (Order Nos. 237798, December 4, Trffc Rep. III-A 248.08 1951) which is published and circulated in Oakland Township in said county and state seven days a week. Section 3. The following sections of Port Ordinance No. 867 are hereby amended to read That the as follows: Section No.of Sal or No. Positions Title Sched. No 5.161 5 Cont Comp ()for 483.5 5.184 1 Pers. Emplyee Svcs Supv, 543.1

In Board of Port Commissioners, Oakland, California, September 5, 2000, Passed to print PUBLIC NOTICE for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None. Christopher C. Marshall Secretary to the Board The OaklandTribune, #1896391 September 13, 2000 of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

SEPTEMBER 13, 2000

I certify (or declare) under the penalty of perjury that the foregoing is tpUe n correct.

CHERYL POON/ Public Notice Advertising Clerk SEPTEMBER 13, 2000 The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising ") 208-6340

Legal No. 1896391

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3605

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

SEPTEMBER 13, 2000

I certify •r declare) under the penalty of perjury that the foregoing is orrect.

CHERYL POO/ Public Notice ACiV(rtising Clerk SEPTEMBER 13, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3604

AN ORDINANCE REVISING AND RESTATING PORT ORDINANCE NO. 3380, ESTABLISHING THE RULES AND REGULATIONS FOR THE PORT OF OAKLANDS MARINAS AND FOR FIXING THE RATES AND CHARGES IN CONNECTION THEREWITH.

WHEREAS, the Board of Port Commissioners of the City of Oakland has the complete and exclusive control and jurisdiction of the Port Area of the City of Oakland and the power to establish and enforce rules and regulations, and rates and charges for use of facilities within said Port Area; and

WHEREAS, the Port Marina Area is a facility within said Port Area; now, therefor,

ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. DEFINITIONS AND GENERAL PROVISIONS

The words, terms and phrases hereinafter in this section defined shall, whenever used in this ordinance, have the meaning set forth in this section, unless the context requires a different meaning:

(1) "Approved Marine Services Firm" means a qualified, independent, licensed, bonded and insured company that provides inspection, raising, towing, hauling, storage, sale, demolition and disposal services for Vessels. A marine services firm is qualified if it has facilities, experience and proper permits for the activities listed or has access to said facilities.

(2) "Auxiliary" shall mean any Vessel that may be propelled by sails or by means of an inboard or outboard engine. While under sail only, an Auxiliary shall be subject to rules governing sailing craft while under power, either with or without sails, an Auxiliary shall be subject to the rules governing motorboats.

(3) "Berth" shall mean a Vessels Berth between two finger floats and headed by a walkway, as so designated by the Director of Commercial Real Estate ("CRE Director") of the Port of Oakland.

PORT MARINA ORDINANCE NO. Page 1 29349 (4) "Berth length" shall mean the distance from the walkway to the furthest projection of a finger float as measured from the center of two adjacent finger floats.

(5) "Berth width" shall mean the distance between the centerline of two adjacent finger floats.

(6) "CRE Director" shall mean the Port of Oakland Director of Commercial Real Estate, and shall include his/her employees and designated agents.

(7) "Finger float" shall mean a floating structure connected to and extending from a walkway.

(8) "Float" shall include any floating wharf, pier, landing, walkway or finger float.

(9) "Inoperable" shall mean incapable of safely maneuvering under its own power, whether it be by sail or engine, from the assigned Berth in the Port Area or Port Marina Areas to the open waters of the Alameda-Oakland Estuary and back into said Berth.

(10) "Live-aboard" shall mean any Vessel, located within the Port Area or Port Marina Area boundaries, used as a live-aboard in accordance with State of California definitions of a "live-aboard," as amended from time to time.

(11) "Live-aboard Privileges" shall mean the month-to-month contract by which a permittee will rent a Berth to be used as a live-aboard.

(12) "Manager of EHSCD" shall mean the Port of Oakland Manager of the Environmental Health and Safety Compliance Department, and shall include his/her employees and designated agents.

(13) "Mooring" shall mean affixing a Vessel to any weight, chain, rope, floating object, structure or appliance which is not carried on board such Vessel as regular equipment when under way and which is used for the purpose of holding a Vessel in a particular place other than a Berth assigned in accordance with this Ordinance.

(14) "Overall length of Vessel" shall mean the distance from the farthest bow projection to the farthest stern projection.

(15) "Overhang" shall mean that portion of a Vessels overall length that exceeds the assigned Berth length.

(16) "Person" shall mean and include an individual; a receiver; a trustee; a co- partnership; joint ventures; a firm; a limited liability company, an unincorporated association; a syndicate; a club; a trust; a private corporation; a public corporation; a municipal corporation; a county, state or

PORT MARINA ORDINANCE NO. Page 2 29349 national government; a municipal, county, state or federal agency, board or commission; whether acting for himself/herself or itself, or in any representative capacity.

(17) "Pier" shall mean a structure built out into the water with piles for use as a landing place for Vessels.

(18) "Port Marina Areas" are hereby defined to include the Jack London Square Marinas, including Jack London Square Guest Docks and Charter Docks, Seabreeze Marina, North Basin I and II, including North Basin Guest Docks, Central Basin, Union Point Basin and all water and shoreline areas between said marinas (excluding privately owned or operated marinas), consisting of certain portions of the water and shoreline areas in the City of Oakland and being a portion of the areas known as the Oakland Inner Harbor, San Antonio Estuary and Brooklyn Basin (which is also known as Embarcadero Cove Area) bounded on the west by the southerly production of Clay Street, bounded on the east by the southerly production of East 7th Street and bounded on the south by the City of Oakland boundary in Oakland Inner Harbor. The said Port Marina Areas consist of the portions of said water and shoreline areas which are owned or leased by the Port of Oakland and used, or improved and intended for use, as small craft marinas.

(19) "Powerboat" shall mean any Vessel whose normal means of propulsion is by internal combustion, electric or mechanical engine, either inboard or outboard.

(20) "Quay" shall mean a stretch of paved bank or solid artificial landing placed beside navigable water.

(21) "Registered length of Vessel" shall mean the certified length of Vessel.

(22) "Residence" shall mean any Vessel, located within the Port Marina Area boundaries, used as a residence in accordance with State of California definitions of a "residence," as amended from time to time.

(23) "Residential privileges" shall mean the month-to-month contract by which a permittee will rent a Berth to be used as a residence (live-aboard).

(24) "Sailboat" shall mean any Vessel whose normal means of propulsion is by sail.

(25) "Side-tie" shall mean a place for a Vessel to Berth along one side of a walkway or finger float.

(26) "Shoreline" shall mean the line of the tide at any given time.

(27) "Vessel" shall include ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, watercraft of any type or kind by whatsoever means propelled, every structure designed to be, adapted to be, or capable

PORT MARINA ORDINANCE No. Page 3 29349 of being navigated or operated on water from place to place for the transportation of merchandise, persons, or for any other purpose.

(28) "Walkway" shall mean a floating structure for use as a walkway for access to and from Berths and when attached to finger floats shall form a Berth.

(29) "Wharf" shall mean any structure alongside which a Vessel may lie.

Section 2. AUTHORITY AND DUTIES OF THE DIRECTOR OF COMMERCIAL REAL ESTATE OR HIS DESIGNATED REPRESENTATIVE(S)

Under the supervision and control of the Executive Director of the Port of Oakland, the CRE Director shall have authority to enforce all lawful regulations affecting the Port Marinas and other water areas within the Port Area. In the absence of the CRE Director, his/her duties shall be exercised by other designated employees of the Port of Oaklands Commercial Real Estate Division.

(1) Whenever a power is granted to, or a duty imposed upon, the CRE Director, such power may be exercised or the duty may be performed by a person authorized to do so by the CRE Director, except as otherwise provided by this part.

(2) The duties of the CRE Director shall include, but not be limited to the following:

(a) Carry out the orders of the Executive Director of the Port of Oakland and to enforce all regulations and ordinances of the Port of Oakland, City of Oakland, and the state or federal laws affecting the navigable waters in the Port Area or Port Marina Areas;

(b) Assign Berths to Vessels;

(d) Order any Vessel improperly berthed to change its position to such a one as may reasonably designate, and, in case his/her orders are not complied with, to cause such Vessel to be so moved and to collect the cost thereof from said Vessel or owner thereof;

(e) Except as otherwise provided herein, respond to and report promptly to the proper authorities any violation of federal, state or local laws, regulations or ordinances for the protection of navigation and the preservation of navigable waters. With respect to Emergencies as defined in Section 8 hereof or the threatened or actual discharge or release of pollutants into the waters of the State or the United States, the CRE Director shall notify the Ports Manager of EHSCD who shall make appropriate notification, if any.

PORT MARINA ORDINANCE No. Page 4 29349 (3) The CRE Director shall keep a current record of the number, size and kind of Vessels renting Berths at the Port Marina Areas and the tenure of the Berth rental agreement with the Port of Oakland in order to report such information as is required by the Alameda County Assessors office for possessory interest tax calculations. The owners of all Vessels renting Berths from the Port of Oakland are hereby required to furnish the CRE Director or his/her designated representative(s) with any reasonable information requested.

(4) The CRE Director shall keep a current record of live-aboards renting Berths at the Port Marina Areas and term of occupancy.

(5) If it becomes necessary for the proper operation of the Port Area or Port Marina Areas, the CRE Director may cause a Vessel to be moved from its assigned space to another. Written notification of such a transfer will be sent to the Berth agreement holder if such move is of a permanent nature.

(6) Every Vessel entering the Port Area or Port Marina Areas shall immediately become subject to the order and direction of the CRE Director, who shall have the authority to enter upon and inspect any Vessel in the Port Area or Port Marina Areas in the performance of his/her duties. It shall be unlawful for any person to hinder or refuse entry and inspection by the CRE Director.

(7) The Sheriff of Alameda County, the Oakland Police Department, the Alameda Police Department, or any duly appointed and acting peace officer shall have full authority in the enforcement of this Ordinance and all laws, ordinances and regulations affecting the use of Port Marinas including the power of arrest for the violation of the provisions of said laws, ordinances, and regulations; and all orders and instructions given by them in the performance of their duties shall have the same force as if issued by the CRE Director or his/her representative.

(8) The CRE Director will have full authority to interpret and enforce the live- aboard regulations issued by any agency with jurisdiction over the Port Marina Areas. All orders and instructions given by him or her in the performance of his or her duties shall be complied with pursuant to this regulation.

(9) Vessels in the Port Marina Areas may be used as a residence only with the permission of the CRE Director. He or she will have the authority to designate the Berth in which a Vessel used as a residence shall be kept and reserves the right to require the Vessel to be moved from one Berth to another Berth within the Port Marina Areas after giving notice of such required move.

(a) If the Vessel is not moved after notice in compliance with Section 2, subsection (6), above, it may be moved by the CRE Director and a reasonable towing fee charged. Vessels may be moved without notification, if necessary, for operational efficiency, benefit to

PORT MARINA ORDINANCE No. Page 5 29349 permittees in the Port Marina Areas, or when berthing fees are delinquent.

Section 3. GENERAL RULES AND REGULATIONS

(1) Intoxicants. No person shall operate any Vessel upon the waters of the Port Area or Port Marina Areas while under the influence of any controlled substances such as, but not limited to, intoxicating liquor or narcotic drugs.

(2) Mufflers. No person shall operate in the Port Area or Port Marina Areas any internal combustion engine without first placing over the exhaust or exhausts of such engine a muffler or other device so constructed as to deaden the sound of the explosion of such engine, as may be necessary to comply with the provisions of Section 654.05 of the California Harbors and Navigation Code.

(3) Marina Property. No person shall willfully or carelessly destroy, damage, disturb, deface, or interfere with any buoy, float, life preserver sign, notice, or any other property within the Port Marina Areas.

(4) Right of Way. No person shall fail to yield the right of way to the operator or another motorboat when the latter is towing any object, structure or person.

(5) Horns and Signals. No person shall use or sound, on any Vessel, any signaling or warning device producing sound by the rapid interruption of a current of air by rotating disk. This subsection shall have no application to a properly designated patrol boat upon which the use of such device is hereby expressly authorized for emergency purposes.

(6) Derelict or Abandoned Vessels. Any Vessel, (1) that is unseaworthy, derelict, dilapidated, wrecked, inoperable, sunken or in danger of sinking, (2) that poses a hazard or threat to other Vessels, property, navigation, human health, safety or the environment, (3) that is moored on unauthorized Moorings, (4) that is not in the lawful possession or control of an authorized person, or (5) that, for the period of thirty (30) days has not been properly moored in a Berth to which it has been assigned may, at the discretion of the CRE Director, be declared an abandoned Vessel.

The CRE Director may take appropriate action which is consistent with this Ordinance and any regulations or procedures adopted thereto.

(7) Unseaworthy Vessels In Berths. Vessels berthed within the Port Marina Areas must be operable and in seaworthy condition. No watercraft of any kind whatsoever which is unseaworthy, derelict, dilapidated, inoperable or in a badly deteriorated condition, or which is likely to sink or to damage Berths, piers, wharves, quays, floats or other Vessels or which might become a hazard or threat to navigation, safety, property, or human health or the environment, at the reasonable discretion of the CRE Director, shall be moored or be permitted to moor at any place within the Port Marina Areas.

PORT MARINA ORDINANCE No. Page 6 29349 Vessels in such condition are hereby declared to be a public nuisance and shall be considered as abandoned Vessels.

The CRE Director may take appropriate action which is consistent with this Ordinance and any regulations or procedures adopted thereto.

In cases where a Vessel remains in its assigned Berth for such an extended period of time that the question of operability arises, the CRE Director may require demonstration of the Vessels operability, in which case at least thirty (30) days written notice shall be given to a Vessels owner. In cases where a Vessel remains inoperable, following a reasonable time to effect repairs, the Berth agreement shall be subject to cancellation at the option of the Port of Oakland. In the event the Vessel poses a hazard to navigation or a threat to health, safety, property or the environment, and the owner has failed to take corrective action as directed by the CRE Director, the Berth agreement shall be subject to cancellation at the option of the Port of Oakland.

(8) Aircraft. No pilot of any aircraft shall land the same on, take off from or operate the same on the waters of the Port Area or Port Marina Areas.

(9) Overnight and Extended Stay. No person shall reside aboard any Vessel within or upon the waters of the Port Area or Port Marina Areas. Overnight stays are permitted only under the following terms and conditions:

(a) Two (2) overnight stays or sixty (60) continuous hours in any one (1) calendar week.

(b) One (1) extended stay of fourteen (14) consecutive nights in a calendar year may be allowed with the prior written approval of the CRE Director.

(10) Vessels Used as a Residence. The CRE Director will consider written requests for temporary use as a residence. Unauthorized use of a Vessel as a live-aboard will result in cancellation of the permit to Berth the Vessel in the Port Area or Port Marina Areas. The CRE Director may designate some Berths as live-aboard Berths. Live-aboard Berths will be designated in individual Marinas in compliance with live-aboard regulations and will be subject to the following conditions:

(a) No inoperable houseboats shall be moored in the Port Marina Areas.

(b) Parking, restrooms, showers, garbage disposal facilities and sewage pump-out stations shall be provided and maintained for use by occupants of the live-aboard Vessels.

(c) The number of live-aboard Vessels shall at no time exceed ten (10) percent of the number of authorized Berths in the Port Marina Areas.

PORT MARINA ORDINANCE NO. Page 7 29349 (d) Adequate tidal circulation shall be maintained in the Port Marina Areas.

(e) The discharge of any solid or liquid wastes, including bilge water, gray water, or sewage, into the Bay within the Port Marina Areas is prohibited.

(f) Prior to the use of any Berth as a live-aboard, the Port will provide a suitable facility of receiving and disposing of oily wastes and a facility for pumping out Vessel holding tanks and receiving waste from portable toilets.

(g) Any Vessel berthed in a Port Marina Area, if equipped with a marine toilet, shall contain an adequate holding tank, incinerator recirculation device, or other equivalent device approved by applicable agencies to preclude discharge of wastes into the waters of the Port Marina Areas, or have the marine toilet rendered inoperable while any such Vessel is moored in the Port Marina Areas; and any violation of the waste discharge requirements of this section shall be cause for immediate cancellation of the live-aboard permit.

(h) The permittee(s) shall adequately enforce the requirements herein, and shall submit to the CRE Director the name, address, and telephone number of the person at the Port Marina Areas responsible for such enforcement.

(11) Sale of Fish. No person shall bring ashore from any Vessel within or upon the waters of the Port Area or Port Marina Areas, any fish, mollusks, crustaceans, or any other marine inhabitant for the purpose of selling the same without obtaining prior written permission from the CRE Director.

(12) Movement of Vessels. Movement of Vessels within the Port Area or Port Marina Areas, between rows of Berths, shall be for the purpose of entering or leaving a Berth. Cruising between the Berths is prohibited.

(13) Registration. Every Vessel entering the Port Area or Port Marina Areas must be registered and numbered as provided by the laws of the State of California or the U.S. Government and regulations regarding documented Vessels. Registration and documentation must be kept current throughout stay of the Vessel in the Port Area or Port Marina Areas as required by law.

(14) Documentation. The owners of Vessels entering the Port Area or Port Marina Areas shall furnish all documents relating to the Vessel and the ownership thereof before a berthing application can be accepted. The application must be in the registered owners name.

(15) Berthing Regulations. The berthing of Vessels and other activities and operations in Port Area or Port Marina Areas shall be in conformance with the provisions of this Ordinance and other present or future applicable ordinances of the Board of Port Commissioners and with such reasonable

PORT MARINA ORDINANCE No. Page 8 29349

regulation of the CRE Director as may be necessary to carry out the provisions of this Ordinance. This Ordinance and any such regulations shall be premised upon the maintenance within said areas of sanitary and sightly conditions, orderliness, and the preservation of the public health, safety, peace, welfare and convenience in the use of such areas for the purposes for which established. One copy of such regulations shall be filed in the office of the Secretary of the Board of Port Commissioners.

(16) Boarding Vessel Without Permission. No person shall climb into or upon any Vessel berthed, tied or anchored at any site or location situated within the Port Area or Port Marina Areas without the consent of the owner, his agent, or any other person having charge thereof. The preceding sentence shall not apply to the CRE Director, or any public or Port officer or employee in the performance of his/her official duty or to protect navigation, property, human health or safety, or the environment.

(17) Children in Marina. It is unlawful for any child under the age of sixteen (16) years to go, remain, or be upon any of the docks, gangways, floats or Vessels in the Port Marina Areas unless such child is accompanied by a parent or guardian.

(18) Pets in Marinas. It shall be unlawful for any person owning or having in charge, care, control or custody any dog to cause, allow or permit such dog on or upon any Port of Oakland property unless such dog is kept securely confined by a rope, chain or other leash not over six (6) feet in length and securely and continuously held by a competent person. All dogs are to be kept tethered when on topside of any Vessel.

It shall be unlawful for any person owning or having in charge, care, control or custody of any pet to suffer or permit any pet to trespass on the property of others. It is unlawful to permit, whether willfully or through failure to exercise due care or control, any pet to commit any nuisance on any property, or to relieve itself on any property other than the street gutters outside of pedestrian ways.

Nothing herein shall prevent or limit the duly authorized use of trained dogs for special purposes by City, Port, or other government personnel.

Section 4. RESIDENTIAL PRIVILEGES

Residential privileges received from the CRE Director by a permittee must be for a Vessel minimum 28 feet in length, kept in good repair and in seaworthy condition. The Vessels must not be permanently attached to the dock and must leave the Marina waters at least once for a minimum of four (4) hours in each ninety (90) day period. The applicant shall furnish proof of ownership of the Vessel for which residential privileges are requested. The Vessel must be equipped with a telephone capable of connecting to the local telephone system. The installation, maintenance and monthly cost of said telephone is to be borne solely by the permittee.

PORT MARINA ORDINANCE No. Page 9 29349 (1) The CRE Director has the right to refuse a request for a Vessel to be used as a residence in the Marina, for derelict Vessels, Vessels in need of a major overhaul and Vessels not in operational order as intended by design.

(2) Any emergency, unusual event or violation of regulations noted by the permittee shall be reported to the CRE Director.

(3) Only a live-aboard permittee and a maximum of three (3) other persons may use the Vessel as a residence. Persons who are not permittees may reside on the Vessel only when a permittee is in residence except for the employee, skipper or deckhand of the employee. The CRE Director is to be notified in writing of the names of all persons residing on the Vessel. A Vessel may not be rented out for residential purposes.

(4) Live-aboard permits are not transferable with the sale of the Vessel. Live- aboards who have live-aboard permits may purchase a new Vessel and retain his or her live-aboard permit if a suitable Berth for the new Vessel is available and the Vessel otherwise meets the requirements as set forth herein.

(5) The owner of a pet that creates a public nuisance will be required to remove that pet from the Port Marinas Area.

(6) Permission to use a Vessel as a residence will be revoked if the CRE Director receives continuous complaints of loud, boisterous, or unseemly conduct by those on board, or for violation of these or Port Marina Areas regulations as set forth herein.

(7) No signs for advertising or display shall be placed on the Vessel.

(8) The Vessel must be equipped with a sink, toilet, marine head, or other permanent or temporary waste receptacle, and must be equipped with a holding tank designed to retain all solid and liquid wastes until the wastes can be discharged into a sanitary sewer system or otherwise discharged according to law. The permittee will allow the CRE Director to inspect such holding tanks from time-to-time upon demand. No waste matter from sinks, showers, toilets, marine heads, holding tanks or any other receptacles may be discharged into the waters of the Port Marina Areas, and no waste or other matter may be discharged or thrown into said water.

(9) Live-aboard permittees shall keep the area immediately surrounding their Vessels in a sanitary and orderly condition to assure the preservation of the public health and safety. Extra dock boxes, lockers, clotheslines, bicycles on deck or dock, etc. are prohibited. Failure of any person residing on a Vessel in the Port Marina Areas to abide by these requirements will be cause for revocation of the live-aboard permit.

(10) Payments of berthing fees and all other live-aboard related charges must be kept current. Live-aboard permits may be revoked if any charges payable to the Port are thirty (30) days delinquent.

PORT MARINA ORDINANCE No. Page 10 29349 (11) At the end of each quarter of the calendar year, a live-aboard permittee must submit a log of his or her Vessels trips out of the Port Marina Areas and a log of the dates the holding tank pump-out station was used by the permittee.

(12) Live-aboard permittees may park one vehicle in the Port Marina Areas assigned parking lot per person residing aboard. However, a maximum of two vehicles may be parked at any one time.

(13) The use of any vehicle for the sole purpose of storage while parked in the Port Marina Areas is prohibited.

(14) Facilities required to support live-aboard Vessels shall be constructed to all applicable codes and standards, shall be connected to onshore waste treatment facilities, and shall be maintained by the permittee(s) in a safe and sanitary manner. Such facilities shall be available to boaters every day of the week and any fees for the use of the facilities shall be limited in amount to cover the cost of the operation of the facilities.

Section 5. REFUSE

(1) Sanitation; Discharge of Refuse, Sewage, or Waste Matter in the Port Area or Port Marina Areas. No person shall throw, discharge, deposit or leave any refuse, sewage, or waste matter of any description, upon or into the waters of the Port Area or Port Marina Areas, and no person shall discharge or deposit material of any kind on the banks, walls, sidewalks or shore of any navigable water within the boundaries of the Port Area or Port Marina Areas where the same may be washed into the Port Area or Port Marina Areas, either by tides, storm, floods or otherwise. Failure to comply with this provision shall be grounds for eviction.

(2) Removal of Rubbish; Cost. No person shall allow Vessels, materials, garbage, refuse, timber, or waste matter of any description to remain on or upon the shorelines, docks or fingers of the Port Area or Port Marina Areas. The CRE Director may remove materials, garbage, refuse, timber or waste matter at his or her discretion. The reasonable expense of removing such material shall be paid by the party responsible for the deposit of same.

(3) Rubbish on Wharves and Approaches. No person shall pump or discharge from any Vessel or tank into the waters of the Port Area or Port Marina Areas or upon any wharf, or wharf road, or street leading to a wharf, oil, spirits, or any inflammable liquid, or deposit any rubbish, refuse matter or articles of any offensive character therein.

(4) Oils. No person shall discharge or deposit or pass in or into the waters of the Port Area or Port Marina Areas, any coal tar, or refuse or residuary product of coal, petroleum, asphalt, bitumen or other carbonaceous material or substance.

PORT MARINA ORDINANCE No. Page 11 29349 (5) Fish. No person shall place or leave dead animals, fish, shell-fish, bait or other putrefying matter on or along the seawall, harbor structures, Floats, piers or sidewalks of the Port Area or Port Marina Areas.

(6) Cleaning Fish. No person shall clean fish or cut bait on the seawall, harbor structures, Floats, piers, sidewalks, or waters in the Port Area or Port Marina Areas.

Section 6. SPEED REGULATIONS

(1) Rate of Speed. No owner, operator or person shall, without permission from the CRE Director, operate any Vessel in the Port Area or Port Marina Areas at a rate of speed in excess of five statute miles per hour, or at speeds that are in violation of other local, state or federal laws.

(2) Reckless Driving. Regardless of any speed limit herein specified, no person shall operate a Vessel upon the navigable waters of the Port Area or Port Marina Areas in a reckless manner or in such manner as to endanger the safety of persons or property, or at a speed producing a wake which will cause injury to persons or property.

Section 7. REGULATION OF STRUCTURES

(1) Floats and Piers. No person shall build, construct, erect, extend, or locate within, upon, or over, the waters of the Port Area or Port Marina Areas, beyond the channel, ward of the pierhead line, any float, pier, landing, wharf, open pile structure or device or structure of whatsoever kind or nature; provided, however, that nothing in this section shall be deemed to prohibit the location, or placing, beyond and channelward of the pierhead line, of a floating Vessel designed to be navigated or operated on water for the transportation of persons or property. Nothing in this section shall be deemed to apply to any structure or device constructed, erected or extended by the Port of Oakland.

(2) Public Piers; Control of Use. The CRE Director is hereby vested with the authority over, and control of, all floats, wharves, docks, and other facilities owned, leased, licensed, controlled, constructed, or maintained by the Port in the Port Area or Port Marina Areas, in the enforcement of the provisions of this section and in effectuating its purposes.

(3) Obstruction of Piers. No person shall obstruct the free and easy access to and departure from any portion of any public landing, pier or wharf at any time.

(4) Automobiles and Vehicles on Piers. No person shall allow any automobile or other vehicle to enter upon a public wharf, pier or landing. No person shall leave any materials of any kind upon or on any pier, wharf or landing. This

PORT MARINA ORDINANCE No. Page 12 29349 provision shall not apply to Port vehicles or emergency and law enforcement vehicles.

Section 8. REMOVAL OF VESSELS

(1) Vessel Removal Policy. a. Statement of Policy. From time to time, derelict or abandoned Vessels in the Port Marina Area may pose a hazard to navigation or a threat to health, safety, property, or the environment. The Port is authorized to respond to Vessels that are abandoned, or create a hazard to navigation, other Vessels, public health or safety, property, or the environment by California Harbors and Navigation Code Division 3, Chapter 3, specifically, sections 522, 523, 525, and 526 ("State Law"). Where such Vessels pose, or in the reasonable discretion of the CRE Director in consultation with the Manager of EHSCD, potentially pose such a threat or hazard, the Port intends to appropriately and promptly respond to protect navigation or prevent, abate, mitigate or alleviate damage or injury caused by the threat or hazard to human health, safety, property or the environment.

b. Non-Emergencies. The action to be taken depends upon the circumstances presented. Possible actions include, but are not limited to, moving, towing, raising, removing from the water, storing, selling, or demolishing the Vessel. Where the Vessels owner can be ascertained, and the threat or hazard presented permits, the Vessel owner may be directed to take appropriate action. Where the owner cannot be identified, located or reached in a reasonable time and by reasonable means or refuses to take action, or where the Vessel posses an Emergency, the Port of Oakland will engage, as reasonably necessary, an approved marine services firm to, so far as feasible and practicable, take direct action with regard to derelict, or abandoned Vessels. The Port intends that salvage, substantial dismantling, or demolition of Vessels will occur only at properly permitted facilities outside the Port Area, except in connection with the activities of an approved marine services firm waterward of the ordinary high water mark. The Port will not store derelict or abandoned Vessels within the Port Marina Area. The Port will not, either through its own personnel or an approved marine services firm or other contractor, salvage, demolish or dispose of derelict or abandoned Vessels from the Port Marina Area unless and until such time as the Port constructs a Vessel removal, storage, salvage or demolition facility or facilities, and acquires necessary permits or regulatory approval for such facility or facilities.

c. Emergencies. Notwithstanding the engagement of a marine service firm and the Ports stated intent to not undertake direct action with regard to derelict, abandoned or unseaworthy Vessels, the Port may, in its reasonable discretion, undertake certain limited actions to respond to an Emergency in order to stabilize the situation, to prevent, abate or

PORT MARINA ORDINANCE No. Page 13 29349 mitigate injury or damage including discharge of a pollutant, or to abate, mitigate or alleviate a hazard to navigation or a threat to human health, safety, property or the environment. Such actions include, but are not limited to, anchoring or otherwise securing a drifting Vessel, pumping bilge water from a Vessel to prevent its sinking, towing a Vessel to a location where response activities may be more safely undertaken, towing a Vessel to a location where a release or discharge may be better contained, placing booms around the Vessel to contain a release, raising of sunken Vessels through placement of flotation devices, etc. The Port contemplates these limited activities will be undertaken as interim measures prior to the arrival of a marine service firm, but recognizes there may be instances where an Emergency does not require engagement of a marine service firm, specialized or heavy equipment, or extensive actions. Limited actions undertaken by the Port in response to an Emergency shall not include salvaging, substantial dismantling, or demolishing Vessels.

The CRE Director shall immediately notify and consult with the Manager of EHSCD to determine the necessity for Emergency response. The Manager of EHSC shall, as soon as practicable, notify the Regional Board of the occurrence of an Emergency and the Ports response to the Emergency.

For purposes of this Section 8, the term "Emergency" shall mean a situation in which, in the reasonable discretion of the CRE Director, an event has occurred, is occurring, or will occur that presents a hazard to navigation or a threat to human health, property, public safety or the environment unless an immediate response or action is undertaken.

d. Implementing Regulations. This policy shall be implemented under regulations containing specific procedures consistent with this ordinance and State Law. Such regulations shall include, but are not limited to, procedures for standard notification, designation of responsible positions, emergency notification, addressing or responding to an Emergency, a monthly monitoring program to identify and respond to abandoned Vessels before such Vessels present an Emergency, and arrangements with an approved marine services firm for taking action to prevent, abate, mitigate or alleviate a threat or hazard posed by a derelict, abandoned or unseaworthy Vessel.

(2) Mooring or Berthing. No person shall moor or permit any Vessel to be moored in the Port Area or Port Marina Areas without a permit from the Port of Oakland. Vessels not complying shall be cited for trespass and towed. Citation, towing, storage, and any other administrative costs shall be the sole responsibility of the trespasser.

(3) Non-Liability of City. The CRE Director is authorized to remove from the Port Area or Port Marina Areas any Vessel which is improperly moored or which is in an unsafe or dangerous condition. Neither the City of Oakland nor the

PORT MARINA ORDINANCE No. Page 14 29349

Port of Oakland, the Board of Port Commissioners, or officers, agents or employees thereof shall be liable to the owner of any Vessel so removed for any cost, loss or damage arising out of or relating to such removal.

(4) Obstructing Vessels. No person shall tie up a Vessel in the Port Area or Port Marinas Areas in such a manner as will prevent or obstruct the passage of other Vessels, sink any Vessel in any channel, or float loose timbers, logs, or piles in any channel, in such a manner as to obstruct, impede, or injure navigation, or pose a threat to health, safety or the environment. Whenever a Vessel or any other obstruction is wrecked or sunk in the Port Area or Port Marina Areas, accidentally or otherwise, it shall be the duty of the owner thereof immediately to mark it by a buoy during the day and by a lighted lantern at night, and to maintain such markings until the sunken Vessel or obstruction is removed. The neglect or failure of such owner to mark such Vessel or obstruction as herein required shall be unlawful. The owner thereof shall immediately commence the removal of said Vessel or other obstruction and shall prosecute the removal diligently to completion and any failure to do so shall constitute an abandonment of such Vessel or other obstruction. The owner of said Vessel or other obstruction shall be liable for damage to Port of Oakland property or damage to other Vessels in the Port Area or Port Marina Areas caused as a result of such a wreck, derelict or sinking Vessel and the removal of such Vessel or other obstruction.

(5) Making Fast. No person having charge of any Vessel shall make the same fast to any finger float, walkway, wharf, pier or dock in the Port Area or Port Marina Areas without the consent of the CRE Director. No person shall make fast any Vessel to any other Vessel already occupying any Berth or tied alongside any wharf, pier, dock or walkway without first obtaining the written permission of the CRE Director and the owner of such other Vessel.

(6) Tying Up Vessel. Every Vessel lying at any Berth, side-tie, pier, dock or float in the Port Area or Port Marina Areas shall be fastened thereto with head and stern lines from both bows and quarters in a safe manner. There shall be no more than one (1) Vessel tied to any Berth without prior written consent of the CRE Director.

(7) Storage and Handling of Gasoline and Petroleum Products. No person shall handle, keep, use or sell gasoline, or any liquid petroleum products, other than lubricating oils, on finger floats, wharves, piers, docks or walkways, except at such places as may be especially designated therefore by the CRE Director and with the approval of the Oakland Fire Department, under such regulations as they may require.

Section 9. RENT AND CHARGES

(1) Berth Rent and Charges. No person shall berth any Vessel at any location other than within the Port Marina Areas without an executed Berth agreement. Applications for Berth agreements in the Port Marina Areas shall be made only by Vessel owners and upon forms furnished by the CRE

PORT MARINA ORDINANCE NO. Page 15 29349 Director and shall be granted in the order of request; provided, however, that preference will be given to the Vessel most suitable, in the opinion of the CRE Director, to the Berth to be rented. Berths are assigned for the exclusive use of the Berth agreement holders Vessel, hereinafter called the "berther," and may not be assigned or sublet by such berther. Applications for Berth agreements shall be accompanied by a copy of the California Department of Motor Vehicles registration or Coast Guard document that reflects ownership of the boat by each and all of the owners, including, but not limited to, each and all of the partners when a Vessel is owned by a partnership. Such Berth agreement shall include a declaration from the Vessel owner that the Port Marina Area is the site for such Vessel for purposes of levying of personal property taxes on such Vessel by the Alameda County Tax Assessor. The owner of a Vessel having such a Berth agreement shall pay to the Port of Oakland monthly, in advance, rent based upon:

(a) The length of the Berth or the overall length of Vessel, whichever is greater. For the purposes of this Section, any Vessel the length of which is six inches over a foot shall be rounded up to the nearest full foot. Any Vessel overhang shall be limited to a maximum of three (3) feet unless prior written approval is granted by the CRE Director.

RENTAL RATE MEASUREMENT DIAGRAM

Rental Rate Length

Rental Rate Length 4 ►

(b) In the North Basin I and II, Central and Union Point Basins at the following rates:

NORTH BASIN I II , CENTRAL BASIN, UNION POINT BASIN

Effective October 1, 2000 All Rates Per Linear Foot (plf) Berth Water Dimensions Monthly Rent 20x 17 142.00 22 x 11 114.00 24 x 11 125.00 25 x 11 129.00 25 x 12 134.00

PORT MARINA ORDINANCE No. Page 16 29349 Berth Water Dimensions Monthly Rent 20x 17 142.00 25 x 13 138.00 25 x 13.5 141.00 28 x 11.5 151.00 28 x 12 153.00 28 x 12.5 155.00 28 x 13 158.00 28 x 13.5 160.00 29 x 1 2 158.00 29 x 14 168.00 30 x 12 168.00 30 x 13 175.00 30 x 13.5 176.00 30 x 14 178.00 30 x 14.5 181.00 30 x 15 183.00 32 x 12.5 181.00 32 x 13 183.00 32 x 13.5 186.00 32 x 14 188.00 32 x 15.5 197.00 34 x 12 192.00 34 x 12.5 196.00 34 x 13 198.00 34 13.5 200.00 34 x 14 204.00 34 x 14.5 206.00 34 x 1 5 209.00 34 x 15.5 212.00 34 x 16 215.00 36 x 13 209.00 36 x 14 215.00 36 x 15 221.00 36 x 1 5.5 223.00 36 x 16 226.00 36 x 17 232.00 38 x 1 2 237.00 38 x 1 5 240.00 38 x 15.5 241.00 38 x 16 243.00 40 x 15 248.00 40 x 16 255.00 40 x 16.5 259.00 40 x 17 261.00 42 x 14 258.00 42 x 14.5 261.00

PORT MARINA ORDINANCE No. Page 17 29349 Berth Water Dimensions Monthly Rent 20x 17 142.00 42 x 15 265.00 42 x 16 270.00 42 x 16.5 276.00 45 x 16 294.00 45 x 16.5 299.00 45 x 17 301.00 45 x 17.5 305.00 47 x 16 306.00 47 x 17 313.00 47 x 17.5 318.00 47 x 21 342.00 52 x 16 341.00 52 x 17 349.00 52 x 18 357.00 52 x 20 362.00

NORTH BASIN I II , CENTRAL BASIN, UNION POINT BASIN OVERHANG CHARGE

$6.50 per linear foot

NORTH BASIN I II , CENTRAL BASIN, UNION POINT BASIN SIDE TIE RATES

30 or Under: $6.00 per linear foot Over 30: $6.50 per linear foot

(c) Rafts, dinghies or other small boats may be kept with the original boat for which the berther has a berthing agreement at no extra charge if totally maintained in the water or float within that Berth.

(d) Rafts, dinghies or other small boats may be kept in another part of the marina, if space is available, at the following charge:

$1.50 per linear foot per month

(e) Floats for row boats or other small watercraft:

Flat rate per float: $20.00 or $25.00 per month

(f) In the Jack London Marinas at the following rates:

JACK LONDON MARINAS

$8.00 per linear foot plus utilities

PORT MARINA ORDINANCE NO. Page 18 29349 (g) In the Seabreeze Marina, wet storage only, at the following rate:

SEABREEZE MARINA

Berths and Side-ties: $4.25 per linear foot

(2) Application. An application for a Berth agreement shall be accompanied by an application fee of $100 for such Berth agreement. Said fee shall not be refunded in the event a Berth agreement for occupancy is executed. It shall, however, be refunded in the event an application for a Berth agreement is withdrawn prior to notification of owner by the CRE Director that a vacancy exists. The applicant shall have ten (10) days from the date of said notice to respond in writing and to pay the monthly Berth rent and charges plus an equal sum as a performance deposit, less the amount of the above application fee. In the event applicant fails to respond to the notice of vacancy, the application fee will be forfeited and the applicants name removed from the waiting list.

Subject to the prior approval of the Board of Port Commissioners, a Berth agreement may be entered into with the United States of America, the State of California, the County of Alameda, the City of Oakland, with any public agency thereof, to Berth a Vessel within the Port Area and Port Marina Areas without the payment of rent therefor.

(3) Live-aboard Rates and Service Charges. The following rates apply to Vessels used as live-aboards: $100.00 per month for the permittee and $50.00 for each additional person residing on the live-aboard Vessel. The CRE Director has full discretion to determine the total number of occupants on each Vessel given live-aboard status.

(4) Commercial Vessels. No Berth agreement shall be entered into for a Vessel that is used for commercial purposes except for a Vessel operating under a current valid commercial fishing or charter license.

(5) Admission to Berth is at the Discretion of the CRE Director. The berthing of Vessels in the Port Area or Port Marina Areas shall be subject to the direction and control of the CRE Director who shall determine the admissibility of Vessels to the Port Area or Port Marina Areas based on type, condition, size and availability of berthing space.

(6) Assignment or Subleasing of Berths. Berths are assigned for the exclusive use of the Berth agreement holder and may not be assigned or subleased by such berther without the prior written consent of the CRE Director who may grant such consent based upon the following terms and conditions:

(a) Berthers temporarily absent from their Berths at the Port Area or Port Marina Areas may sublease their assigned Berths for a period not to exceed ninety (90) calendar days per calendar year.

PORT MARINA ORDINANCE NO. Page 19 29349 (b) Berthers desiring to sublease their assigned Berths must apply to the CRE Director, in writing, ten (10) days prior to the effective date of any proposed sublease and shall include in such application for consent to sublease the following information:

(i) The exact date of commencement and termination of the proposed sublease, as well as a copy of such sublease if there is one in existence.

(ii) The name, address and phone number of the proposed sublessee.

(iii) The type, overall length, State registration number or U.S. government documentation number of the Vessel proposed to be berthed during the term of the proposed sublease.

(iv) Any and all additional information which the CRE Director may require.

(c) Evidence of insurance as required by the Port of Oakland must be provided by the proposed sublessee prior to the CRE Directors approval of any sublease.

(d) The sublessor shall continue to be responsible for all rents and charges due to the Port of Oakland for the rent of the subleased Berth and shall be responsible for any damage caused by the negligence or intentional or willful misconduct of the sublessee.

(e) A berther wishing to sublease his or her Berth may not sublease said Berth for a sum that exceeds the rent specified in the berthers agreement with the Port of Oakland.

(7) Subletting. Assignment or subletting of a live-aboard Vessel is strictly prohibited.

(8) Charter Operations. For passengers-for-hire charter boat operations, it shall be unlawful to load or unload passengers inside the Port Area or Port Marina Areas except with prior written permission of the CRE Director. The CRE Director may issue a written permit that states the magnitude, duration, and any other special considerations required of the charter boat owner/operator. Violation of this subsection will be cause for a citation to be issued to the owner or operator of the charter business. Continued violation of this subsection will be grounds for the cancellation of all berthing privileges within the Port Area or Port Marina Areas for the charter boat(s) berthed in violation of this subsection.

(9) Key/Card Deposit. A charge of $25 per key issued shall be imposed for new or replacement keys. Keys will be issued only to the berther(s) holding a valid berthing agreement with the Port of Oakland or to marine business organizations and principals.

PORE MARINA ORDINANCE No. Page 20 29349 (10) Credits. With the berthers prior permission, the Port of Oakland may use any unoccupied Berth for the purpose of overnight visitors. As compensation for such use, the berther may receive a credit in the amount of one-half of the rent paid to the Port of Oakland by the visiting berther.

(11) Utility Meters. There is hereby imposed a monthly fee of $3.50 for the reading of individual utility meters in the Jack London Square Marinas.

(12) Telephone Hookup. There is hereby imposed a fee of $25 for each new telephone hook-up within the Port Marina Areas.

(13) Transfer Charge. There is, hereby, imposed a transfer charge of $100 for any transfer from a Port Marina Areas Berth to another Port Marina Areas Berth; provided, however, that said transfer fee shall not be imposed in connection with a berthers first such transfer. This charge would only be effective on the second, and all subsequent, transfer requests.

Section 10. NON-PAYMENT OF BERTH RENT CHARGES

(1) No person shall remove or cause to be removed from the Port Area or Port Marina Areas any Vessel upon which Berth rent or charges are delinquent without first paying all such delinquent rent or charges.

(2) It shall be unlawful for any person to violate the provisions of subsection (1) of this Section 10, or to willfully give false information to the CRE Director in order to secure the removal of a Vessel.

(3) When Berth rent or charges become delinquent in excess of sixty (60) days the Vessel will be secured and a notice of delinquent payment will be posted on the Vessel.

(4) When Berth rent or charges are delinquent, the CRE Director is empowered to sell any such Vessel at public auction as may be provided by the Civil Code and Section 501, et seq. of the Harbors and Navigation Code of the State of California.

(5) Any rental or other sum that remains due and unpaid under the terms of any berthing agreement for a period of ten (10) days after it becomes due and payable shall be subject to a delinquency charge of twenty-five dollars ($25.00). A delinquency charge will be assessed each month that all amounts due, including past delinquency charges, have not been received by the tenth (10th) of the month. The delinquency charge provided by this subsection is in addition to all other remedies that the Port of Oakland may have that are provided by the berthing agreement, or otherwise by law, to enforce payment of any rental or other sum that has become due and has not been paid.

PORT MARINA ORDINANCE No. Page 21 29349 (6) Liened Vessels impounded for such unpaid berthage may not be moved or boarded, nor may any contents or fixtures be removed without prior written approval from the Port of Oakland. Any person who moves, boards or removes any contents or fixtures of such Vessel without prior written approval from the Port of Oakland is guilty of violating the Boaters Lien Law (Section 505.5 of the Harbors and Navigation Code) and will be prosecuted to the full extent of the law. All costs associated with storage, fines, removal or trespassing shall be assessed to the owner in an amount no less than three hundred dollars ($300) for all costs, including, but not limited to, administrative. Each subsequent lien shall be assessed at a higher fee to be determined by the CRE Director.

Section 11. CANCELLATION OF BERTH AGREEMENT

(1) The berther shall comply with regulations of the Port of Oakland governing use of facilities in the Port Area or Port Marina Areas. Should a berther violate the provisions of this Ordinance, or applicable City of Oakland ordinance, the Berth agreement may be terminated by the Port of Oakland, and the Port of Oakland may remove the Vessel at the owners risk and expense and retake possession of the Berth.

(2) Both the Port of Oakland and the berther shall have the right to cancel and terminate the Berth agreement by giving to the other party at least thirty (30) days prior written notice of such proposed cancellation and termination; provided, however, that the Port of Oakland, acting by and through its CRE Director, at its sole discretion, may, but shall not be required to, agree to accept an earlier date of cancellation and termination pursuant to receipt of a written notice from the berther.

Section 12. CANCELLATION OF LIVE-ABOARD PRIVILEGES

The CRE Director may cancel any live-aboard permit with thirty (30) days written notice to the permittee; provided, however, the CRE Director may cancel a live-aboard permit with twenty-four (24) hours written notice if the Vessel has been removed from the Berth owing delinquent charges and fees. The CRE Director may immediately cancel a live-aboard permit if the Vessel poses a danger to persons or property.

Section 13. TRANSFER OF VESSEL OWNERSHIP

Should the berther sell or transfer possession of the Vessel covered under the Berth agreement, the new owner shall have no right to the Berth presently occupied by said Vessel. The original berther may retain the Berth under such owners Berth agreement for ninety (90) days following such sale or transfer; provided that within such time such owner procures a Vessel of appropriate length for occupancy of the Berth. The berther shall notify the CRE Director, in writing, within ten (10) days of any change in Vessel ownership. If a new Vessel is acquired by the berther, the berther has no right to be reassigned a new Berth to accommodate the new Vessel if the length of said Vessel is greater than the permissible length of a Vessel in the assigned Berth.

PORT MARINA ORDINANCE No. Page 22 29349 Section 14. MAINTENANCE OF VESSELS.

(1) All Vessels shall be berthed with proper care and equipment, and such berthing equipment shall be maintained at all times in such condition as to ensure the public health, safety and the environment in the Port Area or Port Marina Areas and all real and personal, public and private property therein. In the event that Vessel is not so maintained, becomes derelict or abandoned, or in case of emergency, the CRE Director may, but shall have no responsibility to, supply lines and fittings or replace inadequate lines and fittings, or may care for the Vessel in such a manner as to prevent damage. The CRE Director is authorized to impose and collect from the owner of such Vessel a charge for this service, and for any lines, fittings or materials supplied. Payment therefor shall be made at the end of the month in which said items or services were supplied. Any lines, fittings and materials used and supplied by the CRE Director to protect Vessels are not returnable to the Port of Oakland.

(2) Repairs to and maintenance of a Vessel may be made or accomplished while such Vessel is at its assigned Berth, provided all such work is done within the confines of the Vessel itself and is not carried on in any manner whatsoever upon floats, gangways or docks. Any repairs on Vessels must not interfere with any other Vessels. Repairs shall be accomplished in the assigned Berth of the owner of the Vessel and shall be undertaken in such a manner that they do not have a negative environmental effect. Construction

permission from the CRE Director.

The CRE Director is to be notified in advance if the party or parties performing such work is a contractor. This applies also to boats being removed by boat yards in order to perform work at such boat yards.

(3) No person shall use welding equipment, burning torches or any other open flame apparatus without a written permit from the Oakland Fire Department and, following receipt of said permit by the berther, approval of the CRE Director. Care must be exercised to maintain the safety of other Vessels and Port Area or Port Marina Areas facilities. A fire extinguisher of sufficient size must be readily available while such equipment is in use, as well as a water hose attached to an outlet for use in case of emergency.

(4) No person shall spray paint, sand, sand blast or perform any other type of repair or maintenance to a Vessel which in the reasonable discretion of the CRE Director would violate the provisions of this Ordinance.

Section 15. AUTOMOBILE PARKING

The berther shall have a nonexclusive right to use, in common with others, automobile parking areas provided in the Port Marina Areas for the parking of automobiles. The Port of Oakland may at any time, without notice, close any automobile parking area in the Port Marina Areas, make a charge for, control or restrict the privilege of parking therein or

PORT MARINA ORDINANCE No. Page 23 29349 devote the same to other uses. Parking lots are for active vehicles only and not to be used for storage of vehicles without prior written permission from the CRE Director. Vehicles stored in violation of this Ordinance will be subject to impound and the owner of such vehicle shall be responsible for all fees incurred by such action.

Section 16. DOCK BOXES

Dock boxes are available only to berthers at such rates and governed by such regulations as established by the Board of Port Commissioners. Dock boxes must be vacated upon the termination or cancellation of the applicable Berth agreement.

Section 17. ACCIDENT REPORTS

All boating accidents involving damage or injury to any private or public property or person(s) require the owner(s) or operator(s) of the Vessel(s) involved in said accident to notify the CRE Director within forty-eight (48) hours of the incident. The owner or operator of the Vessel involved shall provide information as to the names and addresses of all persons involved, the location and time of accident, and the nature and extent of the injury to person(s) or property.

Section 18. HOURS OF OPERATION

The berthing area of the Port Area or Port Marina Areas shall be closed to the general public between the hours of 10:00 p.m. and 7:00 a.m. except to owners of Vessels berthed in the Port Area or Port Marina Areas, their authorized guests and those receiving special permission from the CRE Director. Access to Vessels, walkways, finger floats and gangways shall be restricted to owners of Vessels, their authorized guests or agents and authorized Port of Oakland personnel. Berthers and/or guests shall maintain strict peace and quiet in the marinas between the hours of 10:00 p.m. and 9:00 a.m.

Section 19. SOLICITATION AND ADVERTISING

(1) Solicitation of patronage for private or commercial business in the Port Area or Port Marina Areas without a permit is prohibited.

(2) No distribution of literature (brochures, pamphlets or other material) is permitted in the Port Area or Port Marina Areas. This includes posting of signs, except as allowed by the CRE Director.

(3) No person shall row, propel, navigate or maintain any Vessel in the Port Area or Port Marina Areas for the purpose of advertising without first having received a permit from the CRE Director for such purpose.

(4) No sign advertising commercial use of a Vessel shall be displayed on any Vessel, float, dock or other structure without prior written permission from the Director of the Commercial Real Estate.

(5) Other signs, such as for sale signs, on privately owned Vessels may not exceed three (3) square feet. Said sign must present clear lettering and

PORT MARINA ORDINANCE NO. Page 24 29349 provide the telephone number of seller or agent. Sign must indicate "By appointment only." Seller or agent must accompany prospective buyer for Vessel viewing.

Section 20. VISITOR BERTHING

(1) Short-term berthing permits for transient Vessels may be issued by the CRE Director for periods of one (1) to ninety (90) days subject to space availability and payment of berthing fees in advance. The CRE Director may, however, grant extensions for Vessels suffering bona fide breakdowns because of weather and during periods when demand for Berths is less than 100 percent of available berthing facilities.

(2) Should the Port of Oakland need the space occupied by a transient Vessel pursuant to subsection (1) above, for any reason, the visitor shall remove the Vessel within twenty-four (24) hours of the notice issued by the Port of Oakland. In such an occurrence, any unused payment made to the Port for use of the facilities will be refunded to the visitor by mail.

(3) Overnight and day visitor guest berthing is available at designated guest berthing areas in Jack London Square and North Basin. Guest berthing may be allowable in a gated marina if prior authorization is granted by the CRE Director.

The berthing fees for visitors shall be as follows:

(a) Day rate for four (4) hours or less:

No Charge at specifically designated areas.

(b) Day rate for more than four (4) hours and overnight rates:

Boats up to 49 $20 per night Boats 50 to 60 $30 per night Boats 61 and over $0.50 per foot, or fraction thereof, per night

(4) No refunds will be given for unused, prepaid, reserved visitor berthing. A credit, to be used within six months of the originally scheduled date, will be issued upon request. Such request shall be in writing and directed to the CRE Director.

Section 21. STRAY CURRENT CORROSION AND CONNECTING CORDS

(1) "Stray current corrosion" shall mean the corrosion that results when a current from a battery or other external electrical source (AC or DC) causes a metal, in contact with an electrolyte, to become anodic with respect to another metal in contact with the same electrolyte.

PORT MARINA ORDINANCE No. Page 25 29349 (2) No Vessel shall transmit stray current. Compliance with this requirement will be satisfied when the electrical resistance is more than 100,000 ohms as measured between the water adjacent to the Vessel and all of the three alternating current conductors at the dock end of the shore power cord. This cord, at the time of measurement, is to be connected to the Vessels alternating current terminals. The Vessels alternating current circuit shall be switched to the "ON" position and connected as for normal dockside operation.

(3) If a Vessel is found to be producing stray current, notice shall be given to the owner and a reasonable amount of time provided to correct the problem. The preceding sentence not withstanding, officials of the Port of Oakland shall have the authority to disconnect the Vessel from shore power immediately if the level of stray current being produced poses a threat to personal safety or the rapid corrosion of the affected Vessel and/or its neighboring Vessels/structures. If the Vessel is unplugged upon discovery of the stray current, every effort will be made to promptly notify the Vessels owner of the action taken. The Port of Oakland, however, shall assume no liability whatsoever for any losses or damage suffered from the denial of shore power to a Vessel producing stray current.

(4) If the stray current problem is not corrected in an amount of time deemed reasonable by the Port of Oakland, the Port of Oakland shall have the right to disconnect the Vessel from shore power until corrective action is taken. If the Vessel is reconnected by the berther without having corrected the stray current problem, for any other purpose than stray current testing, the Port of Oakland shall have the right to revoke the berthing agreement.

(5) Shore power cords shall be of the three-wire type including a functioning ground wire with insulation types SO, ST, or STO and with a wire thickness in accordance with the National Electric Cord Standards. Cords that are found to be a significant hazard to personal safety will be unplugged immediately.

Section 22. HOLD HARMLESS AND INSURANCE

The Berth agreement shall contain a hold harmless provision requiring berthers to indemnify and save harmless the Port of Oakland, its Board of Port Commissioners, agents and employees, and the berthers shall be required to provide the CRE Director with evidence of yacht liability insurance with such liability limits and with such coverage(s) as may be required by the Port of Oakland.

Section 23. TAXES AND ASSESSMENTS

The interest created by entering into a berthing agreement may be subject to property taxation and the berther(s) in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest.

PORT MARINA ORDINANCE No. Page 26 29349 Berther(s) shall pay all lawful taxes, assessments or charges which during the term of his or her berthing agreement may become a lien or be levied by the state, county, city or any other tax or assessment levying body upon any interest in a berthing agreement or any possessory right which a berther may have in or to any Berth by reason of its use or occupation, or otherwise, as well as all taxes, assessments and charges on goods, merchandise, fixtures, appliances, equipment and property owned by a berther in and about a Berth.

Section 24. PENALTY FOR VIOLATION

Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon a conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed six (6) months, or by both fine and imprisonment.

Section 25. VALIDITY OF ORDINANCE

In case any provision of this Ordinance shall be found to be invalid for any reason, the remainder of the Ordinance shall not be invalidated thereby, but in accordance with the intention of the Board hereby expressed shall remain in full force and effect, all provisions of this Ordinance being hereby declared to be separable and independent of all others.

Amendments: P.O. 3380 (09/16/97) P.O. 3519 (07/06/99) Tn Ftnr,-1 of PnrF rnmmiceinnrc r.qlifnrniA 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None. Christopher C. Marshall Secretary of the Board

Adopted at a regular meeting held September 19, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates and Vice President Tagami - 5

Noes: None

Absent: Commissioner Uribe and President klramer - 2

Page 27 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3603

AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH KEY SOURCE INTERNATIONAL, FOR THE PORT OF OAKLANDS SALE OF AN APPROXIMATELY 1.3 ACRE PARCEL OF LAND LOCATED AT 7711 OAKPORT STREET.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 2. The Board hereby finds and determines as follows:

(a) That the Property has become unnecessary for port purposes or harbor development; and

Section 3. Based upon the findings and determinations made in Section 2 hereof, the Board hereby approves and authorizes the Executive Director to execute a Purchase and Sale Agreement between the Port and KEY SOURCE INTERNATIONAL, ("Buyer") (the "Agreement") for the sale of the Property at a purchase price of $950,000, and as otherwise described in Agenda Sheet Item No. 19, dated September 5, 2000.

29460 Section 4. The Executive Director is authorized to execute and deliver a Grant Deed conveying the Property to Buyer and such other documents as shall be required to carry out the intent of this ordinance, provided that such documents are approved as to form and legality by the Port Attorney.

Section 7. This ordinance shall take effect 30 days from and after its final adoption. In Board of Port Commissioners, Oakland, California, September 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Scates, Tagami, Uribe, and President Kramer - 6. Noes: None. Absent: None. Abstained: Commissioner Protopappas - 1. Christopher C. Marshall Secretary of the Board Adopted at a regular meeting held September 19, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates and Vice President Tagami - 5

Noes: None

Absent: Commissioner Uribe and President Kramer - 2

ec,i-President. Attest

App nd legality :

Port Attorne The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1896386

PUBLIC i.g. PORT ORDINANCE :10 AN ORDNANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OR AND AUTHORIZING EXE- CUTION OF A PURCHASE AND SALE AGREEMENT WITH KEY SOURCE INTER NATIONAL, FOB THE PORT OF OAK- LANDS SALE OF AN APPROXIMATELY 1.3 ACRE PARCEL OF LAND LOCATED AT 7711 OAKPORT STREET. PROOF OF PUBLICATION BE IT ORDAINED by the Board of Pon Commissioners ("Board) of the City of Oak- land as follows: Section 1. The land referred to in this ordinance as the . "Property" is owned the City of Oakland, is located within the "PortPort Area. of the City of Oakland and consists of ap- y1.3 acres of I ai td located at 7771 In the matter of: OaOakport Street. Section 2. The Board hereby finds a nd determines as follows: (a) That theProperty has become unnecessary for port purposes or harbor develop ment, and (b) That the proposed sale of the Property Ordinance No. 3603 complies with the provisions of Section 5. 13(b) of the Po;ts Master Trust Indenture, dated as of April 1, 1989, as amended (the "Indenturel, and dues not, together with other transfers refer red to therein, constitute a Significant Portion of the Port (as defined in the Indenture). The Board hereby directs that the proceeds of such sale shall be deposited in the Port Revenue Fund and shall ha used in accordance with the provisions of Section The undersigned below, deposes and says that he/she was the public 5.13 of the Indenture Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Section 3. Based upon the findings and determinations made in Section 2 hereof, the general circulation as defined by Government Code Section Board hereby approves and authorizes the Executive Director to execute a Purchase 6000 adjucated as such by the Superior Court of the State of and Sale Agreement between ltre Port and California, County of Alameda (Order Nos. 237798, December 4, KEY SOURCE INTERNATIONAL, (Buyer") (the "Agreementl for the sale of the Prop 1951) which is published and circulated in Oakland Township in said erty at a purchase price of $950,000. and as- otherwise described in Agenda Sheet !tern, county and state seven days a week. No. 19, dated September 5, 2000. That the Section 4. The Executive Director is authorized to execute and deliver a Grant Deed conveying the Property to Buyer and such other documents as shall be required to carry out the intent of this ordinance. provided that such documents are approved as to form and legality by the Port Attoiney. PORT ORDINANCE Section 5. The Board hereby finds and determines that the proposed sale of the Property, is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Guidelines Section 15312. Section 6, This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, of which the annexed is a printed copy, was published in every issue of entitlement or property interest, or (b) any obligation or liability on the part of the Board the OAKLAND TRIBUNE, on the following dates: or any officer or employee of the Board. This ordinance does not obligate the Port to execute or ciel:ver the Agreement or the Grant Deed to Buyer. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance and delivery of a Grant Deed, Unless and until a separate written Agreement is duly. ex- SEPTEMBER 13, 2000 ecuted on behalf of the Board EIS authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Buyer, there shall be no valid or effective Agreement. Section 7. This ordinance shall take effect I certify (o ,declare) under the penalty of perjury that the foregoing is 30 days from and after its final adoption. tr ia and /rect. In Board of Port Coillet.,:,t, ,ilurs. Oakland, Suprern:rer Eerr Lerrec; print for one cyla the fellrsyirr a vnte: /yes:: Commissioners Ayrirs-j ied Kiang. Scales, Tagami, Unbe. aril Piesiderit Kramer 6. Noes: r lone Absent: None. Abstained: UOMMiSSiC !,-;1 aeryl Poon Christopher C, Marshall Secretary of the Board Public Notice Advertiat6g Clerk The Oakland rinune, #1896366 SEPTEMBER 13, 2000 September 13, 2000 The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1896386

PROOF OF PUBLICATION

In the matter of:

Ordinance No. 3603

PORT ORDINANCE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

SEPTEMBER 13, 2000

I certify (o ideclare) under the penalty of perjury that the foregoing is e and qbnrect.

Cheryl Poon Public Notice Adve g Clerk SEPTEMBER 13, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3602

AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF AGREEMENTS WITH PICKENS FUEL CORPORATION TO DESIGN, BUILD AND OPERATE A COMPRESSED NATURAL GAS FUELING STATION AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT WITHOUT COMPETITIVE BIDDING.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. It is in the best interest of the Port for reasons set forth in Agenda Sheet Item No. 5, dated September 5, 2000 ("Agenda Sheet") that competitive bidding be waived, such waiver to include the work done by PICKENS FUEL CORPORATION under the agreement for infrastructure, to be reimbursed by the Port to PICKENS FUEL CORPORATION in the approximate amount of $200,000.

Section 2. The Executive Director is hereby authorized to execute agreements with PICKENS FUEL CORPORATION for (a) the occupancy of unimproved land in the vicinity of Earhart Road and Convair Street at Metropolitan Oakland International Airport ("MOIA"), as more fully identified and set forth in the Agenda Sheet and (b) for the design, building and operation of a compressed natural gas fueling station in accordance with the terms set forth in said Agenda Sheet.

Section 3. This project will be covered by the provisions of the Maritime and Aviation Project Labor Agreement ("MAPLA").

29454 Section 4. This Ordinance is not evidence of and does not create or constitute (a) a contract or Lease, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This resolution approves and authorizes the execution of an agreement in accordance with the terms of this resolution. Unless and until a separate written agreement is duly executed on behalf of the Board as authorized by this resolution, is signed and approved as to form and legality by the Port Attorney, and is delivered to other contracting party, there shall be no valid or effective agreement or Lease.

Adopted at a regular meeting held September 19, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates and Vice President Tagami - 5

Noes: None

Absent: Commissioner Uribe and President Klramer - 2

29454 -2- ORIGINAL The OM_ and Tribune c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1896321

PUBLIC NOTICE PORT ORDINANCE NO. 3602 PROOF OF PUBLICATION AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF AGREE- MENTS WITH PICKENS FUEL CORPORA TION TO DESIGN BUILD AND OPERATE A COMPRESSED NATURAL GAS FUELING STATION AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT WITHOUT COMPETITIVE BIDDING. In the matter of: BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: • Section 1. It is in the best interest of the Port for reasons set forth in Agenda Sheet Item No. 5, dated September 5, 2000 (Agenda Sheet") that competitive bidding be waived, such waiver to include the work done by PICKENS FUEL CORPORATION Ordinance No. 3602 under the agreement for Infrastructure, to be reimbursed -by the Port to PICKENS FUEL CORPORATION In the approximate amount of $200,000. Section 2. The Executive Director is hereby authorized to execute agreements with PICKENS FUEL CORPORATION for (a) the occupancy of unimproved land in the vicinity.-of Earhart Road and Convair Street at The undersigned below, deposes and says that he/she was the public Metropolitan Oakland International Airport ("MOIA"), as more fully identified and set Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of forth in the Agenda Sheet and (b) for the design, building and operation of a compressed general circulation as defined by Government Code Section natural gas fueling station in accordance with 6000 adjucated as such by the Superior Court of the State of the terms set forth in said Agenda Sheet. California, County of Alameda (Order Nos. 237798, December 4, Section 3: This project will be covered by the provisions of the Maritime and Aviation 1951) which is published and circulated in Oakland Township in said Project Labor Agreement ("MAPLA"). county and state seven days a week. Section 4. This Ordinance is not evidence That the of and does not create or constitute (a) , a contract or Lease, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This resolution approves and authorizes the execution of an agreement in accordance with the terms of this resolution. Unless and until a separate written agree - ment is duly executed on behalf of the board PORT ORDINANCE as authorized by this resolution, is signed and approved as to form and legality by the Port Attorney_ is delivered to other contracting party, there shall be no valid or effective agreement or Lease. In Board of Put Commissioners, Oakland, California, September 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Pro- of which the annexed is a printed copy, was published in every issue of pappas, Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent None. the OAKLAND TRIBUNE, on the following dates: Christopher C. Marshall Secretary of the Board The Oakland Tribune, #1896321 September 13, 2000 SEPTEMBER 13, 2000

I certify declare) under the penalty of perjury that the foregoing is /site a correct.

Cheryl Poon Public Notice Advertising Clerk SEPTEMBER 13, 2000 The OaL and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1896321

PROOF OF PUBLICATION

In the matter of:

Ordinance No. 3602

PORT ORDINANCE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

SEPTEMBER 13, 2000

I certify declare) under the enal y of perjury that the foregoing is correct.

Cheryl Poon Public Notice Admit sing Clerk SEPTEMBER 13, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3601

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE ADDITIONAL POSITIONS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The following positions are hereby added to Port Ordinance No. 867 to read as follows:

Section No. of Grade or No. Positions Title Schedule No.

5.0152 1 Labor Relations Specialist 246.9 5.167 1 Contract Compliance Supervisor 529 5.169 1 Equal Opportunity Specialist 236 8.014 1 Project Cost Compliance Specialist 263 10.0132 1 Noise Abatement Specialist 226 10.019 1 Airport Ground Transportation Aide 212

Section 2. The following sections of Port Ordinance No. 867 are hereby amended to read as follows:

Section No. of Grade or No. Positions Title Schedule No.

5.026 11 Executive Assistant 227.85 5.03 25 Senior Secretary 31 5.406 10 Associate Port Environmental Planner 954.32 5.407 7 Assistant Port Environmental Planner 940.03 7.112 5 Port Senior Auditor 510.3 7.117 4 Port Auditor II 241.69 7.131 2 Port Programmer/Analyst 244.18 8.05 18 Civil Engineer 860.2 2.09j 9 Port Electrical/Mechanical. Engineer 860.2 H.t44 6 Junior Environmental Planner 926 Section No. of Grade or No. Positions Title Schedule No.

8.24 10 Commercial Representative IV 515.1 8.25 7 Commercial Representative III 238.74 9.05 53 Semiskilled Laborer 38.5 9.10 6 Plumber 52 9.128 2 Fire Prevention Systems Engineer 720.9 10.0033 2 Aviation Commercial Representative II 230 10.09 52 Custodian 25

In Board of Port Commissioners, Oakland, California, August 1, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Scates, Tagami, Uribe, and President Kramer - 6. Noes: None Absent: Commissioner Protopappas - 1.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held September 5, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

Attes

App o d legality: The OL.land Tribune COPY c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1874415

PUBLIC NOTICE PUBLI PORT ORDINANCE NO. 3601 AN ORDINANCE AMENDING PORT ORDINANCE No. 867 TO CREATE ADDITIONAL POSITIONS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follow: Section 1. The following positions are hereby added to Port Ordinance No. 867 to read a, PROOF OF PUBLICATION follows

Section No. of Grade or No. Positions Title Schedule No: 371152 tor Relations Specialist 246.9 5.167 Contract Compliance Supervisor 529 5,169 Equal Opportun ity Specialist 236 3.014 Project Cost Comphanbe Specialist 263 10.0132 Noise Abaternei i t ,oecialist 226 In the matter of 10.019 1 Airport Ground I ransportation Aide 212 Section 2 The folov. no sehtiors of Port Ordinance No. 867 are hereby amended to r as follows: Section NIc Or Grade or No. Positions Title Schedule No. T.026 .Ecutive) Assistant 227.85 5.03 25 Senior Secretary 31 5.406 10 Associate Port Environmental 954.32 Port Ordinance No. 3601 Planner 5.407 Assistant Port Environmel,, 940.03 Planner 7.112 Port Senior Auditor 510.3 7.117 Tort Auditor II 241.69 7.131 Port Programmer/ArolyA 244.18 8.05 18 Civil Engineer 860.2 8.092 ort, Electrical/Mechanical Engineer 860. 2 8.144 IJI lior Environmental Planner 926

Section No. of Grade or The undersigned below, deposes and says that he/she was the Positions Title Schedule, 4 10 Commercial Representative IV 515.1 public Notice Advertising Clerk of the OAKLAND TRIBUNE a 25 Commercial Representative III 238.74 newspaper of general circulation as defined by Government Code 9.05 Semiskilled Laborer 38.5 9.10 Plumber 52 6000 adjucated as such by the Superior Court of the State of 9.128 Fire Prevention Systems Engineer 720.9 10.0033 Aviation Commercial 230 California, County of Alameda (Order Nos. 237798, December 4, Representative II 1951) which is published and circulated in Oakland Township in said 10.09 2 Custodian 25 county and state seven days a week. In Board of Port Commissioners, Oakland, California, August 1, 2000. Passed to pool for one day by the following vote: Ayes: Commissioners Ayers•Johnson, Kiang, Scales, That the Uribe, and President Kramer - 6. Noes: None Absent Commissioner Protoppas - 1. Christopher C. Marsh::I. Secretary to the Boa=

The Oakland Tribune, #1874415 August 16, 2000 PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

AUGUST 16, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Cheryl-fa/con Public Notice Advertising Clerk AUGUST 16, 2000 The OLland Tribune COPY do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1874415

PROOF OF PUBLICATION

In the matter of

Port Ordinance No. 3601

The undersigned below, deposes and says that he/she was the

newspaper of general circulation as defined by Government Code 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

AUGUST 16, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

CherylPoon Public Notice Advertising Clerk AUGUST 16, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3600

AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833 RELATING TO BALLAST WATER.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners hereby finds and determines that Chapter 849 of the California Statues of 1999 mitigates the potential environmental impacts of the Berths 55-58 Project as or more effectively than Item No. 02215 added to Port of Oakland Tariff No. 2-A by Port Ordinance No. 3516, which Item the Board adopted pursuant to Mitigation Measure 3.6-13/M1 in Appendix 1 to Port Resolution No. 99154.

Section 2. Item No. 02215 is hereby amended as follows:

(a) Section (b)(2) of Item No. 02215 is hereby amended to read as follows:

"(2) Vessels for which satisfactory proof is submitted to the Port of implementation of approaches to control the introduction of non-indigenous species as described in International Maritime Organization (IMO) Resolution A.868(20): Guidelines for the Control and Management of Ships Ballast Water to Minimize The Transfer Of Harmful Aquatic Organisms And Pathogens;

(b) That portion of Section (e) of Item No. 02215 which reads "during the first 12 months after this item becomes effective," is hereby amended to read "until August 1, 2000."

"(f) Effective upon the date that the Port is no longer required by regulatory permits to apply Sections (a) through (e) of this Item, Sections (a) through (e) of this Item shall not be applicable unless and until the Board of Port Commissioners by ordinance

26879

1 determines that Chapter 849, California Statutes of 1999, or other State or Federal legal requirements at least as effective as Sections (a) through (e) in protecting the environment from the potential impacts of discharge of ballast water, do not apply to vessels using Port terminal facilities.

"(g) Subject to such exceptions or waivers as may be determined appropriate from time-to-time by the Executive Director, any vessel using Port terminal facilities shall provide reports to the Port, prior to vessel departure from Port terminal facilities, regarding the discharge of ballast water into San Francisco Bay or the Gulf of the Farallones National Marine Sanctuary that originates from within the U.S. Exclusive Economic Zone (EEZ) of the U.S. mainland west coast, whether or not the vessel is carrying or has discharged ballast water that originates within the EEZ. Such reports shall be provided to the Port on forms prescribed from time to time by the Executive Director."

Section 3. This ordinance shall take effect on Sep- tember 15, 2000.

In Board of Port Commissioners, Oakland, California, August 1, 2000. PdbbC(-1 Lb Lady voLe Ayeb ; 1. V1LLLLLi ioi 1C r5 Ayers-Johnson, Kiang, Scates, Tagami, Uribe, and President Kramer - 6. Noes: None Absent: Commissioner Protopappas - 1.

Christopher C. Marshall Secretary to the Board Adopted at a regular meeting held September 5, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

Attes

Approv d legality :

2 ORIGINAL The OL_ land Tribune c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1874411 p PORT ORDINANCE NO. 3600 AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833 RELATING TO BALLAST WATER. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as fol lows: Section 1. The Board of Port Commis- sioners hereby finds and determines that Chapter 849 of the California Statues of 1999 mitigates the potential environmental impacts of the Berths 55-58 Proiect as or mote lively than Item No. 02215 added to Port Of Oakland Tariff No. 2-A by Port Ordinance PROOF OF PUBLICATION No. 3516, which item the Board adopted pursuant to Mitigation Measure 3.6-13/MI in Ap pendix 1 to Port Resolution No. 99154. Section 2. Item No. 02215 is herer.:y amended as follows: (a) Section (b) (2) of Item No. 02215 is hereby amended to read as follows: In the matter of: " (2) Vessels for which satisfactory proof is submitted to the Port of implementation of approaches to control the introduction of non-indigenous species as described in In- ternational Maritime Organization (IMO) Res- olution A. 868 (20): Guidelines for the Control and Management of Ships Ballast Water to Minimize The Transfer Of Harmful Aquatic Or- ganisms And Pathogens; Port Ordinance No. 3600 (b) That portion of Section (e) of Item No, 02215 which reads "during the first, 12 months after this item becomes effective, " is hereby amended to read "until August 1, 2000. (c). The following new Sections M and (g) are hereby added to Item No. 02215, to read as follows: The undersigned below, deposes and says that he/she was the public " (f) Effective upon the date that the Port is Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of no longer required by regulatory permits to apply Sections (a) through (e) of this Item, general circulation as defined by Government Code Section Sections (a) through (e) of this Item shall not 6000 adjucated as such by the Superior Court of the State of California, be applicable unless and until the Board of Port Commissioners by ordinance deter- County of Alameda (Order Nos. 237798, December 4, 1951) which is mines that Chapter 849, California Statues of 1999, or other State or Federal legal require- published and circulated in Oakland Township in said county and state ments at least as effective as Sections (a) seven days a week. through (e) in protecting the environment from the potential impacts of discharge of That the ballast water, do not apply to vessels using Port terminal facilities." (g) Subject to such exceptions or waivers as may be determined appropriate from time-to-time by the Executive Director, any vessel using Port terminal facilities, regarding the discharge of ballast water into San Francisco Bay . or the Gulf of the Feral- PUBLIC NOTICE bnes National Marine Sanctuary that originates from within the U.S. Exclusive Eco- nomic Zone (EEZ) of the U.S. mainland west coast, whether or not the vessel is carrying or has discharged ballast water that originates within the EEZ. Such reports shall be provided to the Port on forms prescribed from time to time by the Executive Director." Section 3. This ordinance shall take effect of which the annexed is a printed copy, was published in every issue of on September 15, 2000. In Board of Port Commissioners, Oakland, the OAKLAND TRIBUNE, on the following dates: California, August 1, 2000. Passed to print for one day by the following vote: Ayes: Corn- missioners Ayers-Johnson, Kiang, Scales, Tagami, Uribe, and President Kramer – 6. Noes: None Absent: Commissioner Protopa- ppas – 1. Christopher C. Marshall AUGUST 16, 2000 Secretary to the Board The Oakland Tribune, #1874411 August 16, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct. ,

Cheryl Pon Public Notice Advertising Clerk AUGUST 16, 2000 The OL Aland Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1874411

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3600

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

AUGUST 16, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Cheryl Poon Public Notice Advertising Clerk AUGUST 16, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3598

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A MULTI-YEAR LICENSE AND CONCESSION AGREEMENT WITH FEDERAL EXPRESS CORPORATION, AND DIRECTING RECORDATION THEREOF.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board hereby approves and authorizes execution of a Multi-Year License and Concession Agreement ("Agreement") between the CITY OF OAKLAND, a municipal corporation, acting by and through this Board, herein referred to as "Port", and FEDERAL EXPRESS CORPORATION, as Licensee, covering an area of approximately 192,971 square feet of unimproved land at Metropolitan Oakland International Airport, Oakland, California, to be used for employee parking, for the term commencing October 6, 2000, and ending October 6, 2010, with a monthly rental of approximately $14,723.69, subject to change in accordance with the terms of said Agreement) is hereby ratified, confirmed and approved.

Section 2. The Executive Director is hereby authorized to execute said Agreement provided that it has been approved as to form and legality by the Port Attorney; provided, however, that such agreement shall terminate upon execution of the lease with FEDERAL EXPRESS CORPORATION for property adjacent to this parcel, and such parcel shall thereafter be included in that lease.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of a contract, Lease or grant of rights in accordance with the terms of this ordinance. Unless and until a separate written contract, Lease or grant is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to the contracting party, lessee or grantee, there shall be no valid or effective contract, Lease or grant.

Section 4. The Board hereby finds and determines that this project has been determined to be categorically exempt from requirements of the California Environmental Quality Act pursuant to Section 15301(p), Class 1.

29 009 Section 5. This Ordinance shall take effect thirty (30) days from and after its final adoption and the Port Attorney is hereby authorized and directed to record said Agreement.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held September 5, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

Approved as to fo legality :

Port Attorner---

29002 ORIGINAL The (IL land Tribune c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1874404

PUBLIC IY.t.3 PORT ORDINANCE No. 3598 AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A MULTI-YEAR LICENSE AND CONCESSION AGREEMENT WITH FEDERAL EXPRESS CORPORATION, AN DIRECTING RECORDATION THEREOF. BE IT ORDAINED by the Board of Port PROOF OF PUBLICATION Commissioners of the City of Oakland as follows;

Section 1. The Board hereby approves and authrPt7rn execution of a Multi-Year AgreementSion ("Agree- ment ; i) po.or-op th CITY OF OAKLAND, a municipal oration, acting by and through this Board lie,ein referred to as "Port", and FEDERAL EXPRESS CORPORATION, as In the matter of: Licensee, covering an area of approximately 192, 971 square feet of unimproved land at Metropolitan Oakland International Airport, Oakland, California, to be used for employee parking, for the term commencing October 6, 2000, and ending October 6, 2010, with a Monthly rental of approximately $14.723.69, subject to change in accordance with the terms of said Agreement) is hereby ratified, confirmed and approved. Port Ordinance No. 3598 Section 2. The Executive Director is hereby authorized to execute said Agree- ment provided that it has been approved as to form and legality by the Port Attorney; provided, however, that such agreement shall terminate upon execution of the lease with FEDERAL EXPRESS CORPORATION for property adjacent to this parcel, and such parcel shall thereafter be included in that The undersigned below, deposes and says that he/she was the public lease, Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Section 3. This ordinance is riot evidence of and does not create or constitute (a) a general circulation as defined by Government Code Section contract, Lease or the grant of any right, enti- by the Superior Court of the State of California, tlement or property interest, or (b) any obli- 6000 adjucated as such gation or liability on ordinance approves and County of Alameda (Order Nos. 237798, December 4, 1951) which is authorizes the execution of a contract, Lease or grant of rights in accordance with the published and circulated in Oakland Township in said county and state terms of this ordinance. Unless and until a separate written contract, Lease or grant is seven days a week. duly executed on behalf of the Board as au- That the thorized by this ordinance, is signed and approved as to form and legality by the Port At- torney, and is delivered to the contracting party, lessee or grantee, there shall be no valid or effective contract, Lease or grant. Section 4. The Board hereby finds and determines that this project has been determined to be categorically exempt from re- PUBLIC NOTICE "quirements of the California Environmental Quality Act pursuant to Section 15301 (p), Class 1. Section 5. This Ordinance shall take effect thirty (30) days from and after its final adoption and the Port Attorney is hereby authorized and directed to record said Agreement. In Board of Port Commissioners, Oakland, of which the annexed is a printed copy, was published in every issue of California, August 1, 2000. Passed to print for one day by the foliwowing vote: Ayes: Com- the OAKLAND TRIBUNE, on the following dates. missioners Ayers-Johnson, Kiang, Scales, Tagarni, Uribe, and President Kramer – 6. Noes: None Absent: Commissioner Pro- toppas – Chistopher C. Marshall Secretary to the Board AUGUST 16, 2000 The Oakland Tribune, #1874404 August 16, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct

Cheryl P6-06 Public Notice Advertising Clerk AUGUST 16, 2000 The Mb_ land Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 10) 208-6340

Legal No. 1874404

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3598

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

AUGUST 16, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Chenj115oon Public Notice Advertising Clerk AUGUST 16, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3597

AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF TERMINAL USE AGREEMENT WITH EVERGREEN MARINE CORP. (TAIWAN) LTD.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a Terminal Use Agreement between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and EVERGREEN MARINE CORP. (TAIWAN) LTD, a Republic of China corporation, as User, covering Users nonexclusive right to use areas within the Ports Ben E. Nutter Container Terminal as the published regularly scheduled Northern California port of call for cargoes and operations supplemental thereto, for a term commencing the first day of the calendar month following the filing and effectiveness of said Agreement pursuant to Sections 5 and 6 of the Shipping Act of 1984 and the expiration of thirty (30) days from and after the final adoption of this ordinance and expiring July 31, 2005, with User to pay to the Port, in lieu of tariff dockage charges and tariff wharfage charges, a single fixed rate of $72.00 per loaded Twenty-Foot Equivalent Unit container (TEU), increased at the same time and by the same percentage that Port tariff dockage and wharfage rates are increased, based upon a percentage allocation methodology for Port tariff charges which shall reflect Users activity, be established by the Executive Director and incorporated in said Agreement with User (said fixed rate, as so increased, referred to as the "Fixed TEU Amount") guaranteeing to the Port each contract year payment for a minimum of 20,000 loaded TEUs, said Fixed TEU Amount subject to a 10% discount if loaded TEUs in a contract year equal or exceed 20,000, a 15% discount if loaded TEUs equal or exceed 30,000 in a contract year, a 20% discount if loaded TEUs equal or exceed 50,000 in a contract year, a 25% discount if loaded TEUs equal or exceed 70,000 in a contract year, and a 30% discount if loaded TEUs equal or exceed 90,000 in a contract year (but only to the extent that after the discount Users total contract year payments of the Fixed TEU Amount equal at least the Fixed TEU Amount for the

28729 minimum of 20,000 loaded TEUs) with a refund to User for each loaded TEU of Interior Point Intermodal ("IPI") cargo of $5.00 if total IPI loaded TEUs in the contract year equal or exceeds 4,000 or of $8.00 if total IPI loaded TEUs in the contract year equals or exceeds 8,000, and otherwise upon the terms and conditions specified in the Boards Agenda Sheet Item No. 21 dated July 18, 2000, and such standard terms and conditions as specified in the Agreement and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Agreement.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, or any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to User, there shall be no valid or effective Agreement or other obligation or liability on the part of the Board.

Section 4. This ordinance shall take effect thirty (n) (1,wq from and aftAr itc final Annntinn In Board of Port Commissioners, Oakland, California, July id, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe, and President Kramer - 7. Noes: None Absent: None. Christopher C. Marshall Secretary to the Board Adopted at a a regular meeting held August 1, 2000 By the following Vote: Ayes: Commissioners Ayers-Johnson, Kiang, Scates, Tagami, Uribe and President Kramer - 6 Noes: None

Absent: Commissioner Protopappas -

Attes The 0a.4and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Le g al Advertising 208-6340

Legal No. 1858617

PUBLIC NOTICE PUBLIC NOTICE BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO. 3597 AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF TERMINAL USE AGREEMENT WITH EVERGREEN MARINE CORP. (TAIWAN) LTD. PROOF OF PUBLICATION BE IT ORDERED by the Board of Port Commissioners 0 the City of Oakland as follows: Section 1. The Board of Port Commissioners (Board) hereby approves a Terminal Use Agreement between the CITY OF OAKLAND ,a munanial corporation, acting by and through the Board, and EVERGREEN MARINE CORP. (TAIWAN) LTD, a Republic of China cor poration, as User, covering Users nonexclusive right to use areas within the Ports Ben E, Nutter Container Terminal as the published regularly scheduled Northern California port of call for the berthing of Users vessels and the loading and discharge of cargoes and operations supple- In the matter of: ment thereto, for a term commencing the first day of the calendar month following the filing and effect voness of said Agreement pursuant to Sections 5 arid 6 of the Shipping Act of 1984 and the expiration of thirty (30) days from and after the final adoption of this ordinance and expiring July 31 2005, with User to pay to the Port, in lieu of tariff dockage charges and tariff wharfage charges, a single fixed rate of $72.00 per loaded Twenty-Foot Equivalent Unit container (TEM increased at the same time and by the same percentage that Port tariff dockage and wharfage rates am increased, based upon a percentage allocation methodology for Port tariff charges which shall reflect Users activity, be established by. the Executive rate, as so incorporated in aid Agreement with User (sad fixed rate, as so increased, referred to as the PORT ORDINANCE NO. 3597 Fixed TEU Amount) guaranteeing to the Port each contract year payment for a minimum of 20,000 loaded TEUs, said Fixed TEU Amount subject to a 10% discount if loaded TEUs in a contract year equal or exceed 20,000, a 15% discount if loaded TEUs equal or exceed 50,000 in a contract year, a 25% discount if loaded TEUs equal or exceed 70,000 in a contract year, and a 301% discount if loaded TEUs equal or exceed 90,000 in a contract year (but only to the extent that after the discount Users total contract year payments of the Fixed TEU Amount equal at least the Fixed TEU Amount for the minimum of 20,000 loaded TEUs) with a refund to User for each loaded TEU of Interior Point Intermodal (IPI) cargo of $5.00 if total 1P1 loaded TEUs in the contract year equal or exceeds 4,000 or of $8.00 if total IPI loaded TEUs in the nontract year equals or exceeds 8,000, and otherwise upon the terms and conditions specified the Boards Agenda Sheet Item No. 21 dated July 18, 2000, and such standard terms and The undersigned below, deposes and says that he/she was the public onditions as specified in the Agreement and approved by the Executive Director. Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Section 2. The Executive Director is hereby authorized to execute and the Secretary to at- general circulation as defined by Government Code Section test said Agreement. 6000 adjucated as such by the Superior Court of the State of Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, or any right, entitlement or property interest, or (b) any obligation or liability on the California, County of Alameda (Order Nos. 237798, December 4, part of the Board or any officer or employee of the Board. This ordinance approves and autho- nzes the execution of the Agreement in accordance with the terms of this ordinance. Unless 1951) which is published and circulated in Oakland Township in said and until a separate written Agreement is duly executed on behalf of the Board as authorized county and state seven days a week. by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to User, there shall be no valid or effective Agreement or other obligation or liability That the on the part of the Board. Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oakland, California, July 18, 2000. Passed to print for one day by, the following vote: Ayes: Commissioners, ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe, and President Kramer - 7. BOARD OF PORT COMMISSIONERS CITY OF Noes: None. OAKLAND Absent: None. Christopher C. Marshall Secretary to the 3oard

The Oakland Tribune, #1658617 July 26, 2000 of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JULY 26, 2000

I certify ( declare) under the penalty of perjury that the foregoing is and rect.

CAERYL POON Public Notice AdveAteng Clerk JULY 26, 2000 The Oa.iand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 LPoal Advertising 208-6340

Legal No. 1858617

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3597

BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JULY 26, 2000

I certify (. declare) under the penalty of perjury that the foregoing is and rrect. BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3596

AN ORDINANCE AMENDING SECTION 2 OF PORT ORDINANCE NO. 1166 AS AMENDED BY PORT ORDINANCE NO. 3287 AND AMENDING SECTION 3(d)(1) AND SECTION 6(a) OF PORT ORDINANCE NO. 1166 AS AMENDED BY PORT ORDINANCE NO. 3273 RELATING TO THE COST OF EMPLOYEE AND RETIREE GROUP HEALTH INSURANCE.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. Section 2 of Port Ordinance No. 1166 as amended by Port Ordinance No. 3287 is hereby amended to read as follows:

"Section 2. CONTRIBUTIONS.

"(a) The Board shall contribute for health plan coverage for each eligible full-time employee and participating retiree and such employees or retirees enrolled dependents toward the cost of any insurance provided under the Act and available through the Public Employees Retirement System, who qualifies for benefits in accordance with the criteria set forth in the Act, or with respect to employees covered by a current memorandum of understanding with the Port in accordance with the criteria set forth in the Act and in such memorandum of understanding including Youth Aides who qualify for benefits in accordance with the Act and Port of Oakland Personnel Bulletin No. 1, dated February 22, 1983, not to exceed the lesser of $478.56 or the monthly premium costs of employee and dependents health insurance coverage provided by Kaiser Foundation Health Plan, Inc. for the Northern California Region, at basic plan rates, or for those retirees 65 or over and their enrolled dependents participating under the Act in conjunction with coverage provided by the Social Security Administration, at the supplemental plan rates.

27275 "For those retirees and retirees enrolled dependents participating at the supplemental plan rates, the Board shall reimburse the Medicare Part B monthly premium costs, exclusive of surcharge for late enrollment, provided that in reimbursing Part B the total cost for retirees and enrolled dependents health plan and Part B reimbursement does not exceed the lesser of $478.56 or the monthly premium cost of employee and dependents health insurance coverage provided by Kaiser Foundation Health Plan, Inc., for the Northern California Region, at basic plan rates."

Section 2. Sections 3(d) (1) and 3(d)(2) of Port Ordinance No. 1166 as amended by Port Ordinance No. 3273 are hereby amended to read as follows:

"3(d)(1) Who on the date of his or her retirement from the service of the Board was represented by Service Employees International Union, Local 790, Representation Units A, B or G, an unrepresented employee in Representation Unit D, E or H, a confidential employee in any of the Representation Units of the Port, an employee in representation Unit C and I represented by Western Council of Engineers, or an employee in representation Unit F represented by International Brotherhood of Electrical Workers Local 1245;

"(2) and who is otherwise qualified to participate in any insurance plan provided under the Act as described above or by the Social Security Administration in conjunction with any plan provided under the Act for those retirees who have attained the age of 65 years, provided that said retiree shall have enrolled in any such insurance plan offered under the Act within 120 days from the date of his or her retirement; and for those who are qualified to participate in any insurance plan provided by the Social Security Administration in conjunction with any plan provided for under the Act, those retirees and eligible dependents, at age 65, shall enroll in all such plans, including Medicare Part A (Hospital Insurance) and a Medicare Part B (Supplemental Medical Insurance), and PERS Supplemental Medical Plan. Retirees and dependents shall be solely responsible for any penalties incurred under Medicare Part A or B for enrolling late or dropping out and reenrolling; and provided further, that said retiree shall have completed at least five (5) years of Port/City service upon his/her retirement date." Section 3. Section 6(a) of Port Ordinance No. 1166 as amended by Port Ordinance No. 3273 is hereby amended to read as follows:

"(a) In no event shall the contribution of the Board described in Section 2(a) above be paid directly to the employees or annuitants except in the case of reimbursement of all or part of Medicare Part B premium paid by annuitants and dependents enrolled in supplemental health plans. Reimbursement of Part B shall be paid on a quarterly basis by warrant drawn by the Director of Finance and paid directly to annuitant or dependents upon determination that annuitant or dependent has paid Part B premium. The contribution for each participating employee or annuitant, shall be paid by the Board directly to the California Public Employees Retirement System, except for that portion of the contribution for reimbursement of Medicare Part B, in accordance with the rules and regulations implementing the provisions of the Act by warrant drawn by the Director of Finance, together with the balance, if any, of the cost of the insurance coverage carried by each such employee or annuitant which has been deducted and paid to the Port pursuant to authorization from the salary or wages of such employee or retirement benefits from such annuitant as the case may be."

Section 4. This Ordinance shall take effect July 1, 2000. In Board of Port Commissioners, Oakland, California, July 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7. Noes: None. Absent: None. Christopher C. Marshall, Secretary to Toliffei at a regular meeting held July 18, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and Vice President Kramer - 7

Noes: None

Absent: None

Attes

Approv egility : BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3595

AN ORDINANCE AMENDING SECTION 5.092 OF PORT ORDINANCE NO. 867.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 5.092 of Port Ordinance No. 867 is hereby amended to read as follows:

Section No. of Grade or No. Positions Title Schedule No.

5.092 1 Director of Port Communications 15

In Board of Port Commissioners, Oakland, California, July 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami and President Loh - 5. Noes: Commissioners Neal and Uribe - 2. Absent: None.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held July 18, 2000

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and Vice President Kramer - 7 Noes: None

Absent: None

Attest Secretary. BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3594

AN ORDINANCE AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH THE MANUEL SILVEIRA BORGES AND ALVARINA REIS BORGES 1998 TRUST FOR PURCHASE OF LAND LOCATED ON CHRISTENSON ROAD IN EASTERN ALAMEDA COUNTY FOR BURROWING OWL HABITAT PURPOSES.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The Board hereby approves and authorizes the Executive Director to execute a Purchase and Sale Agreement between the Port and the MANUEL SILVEIRA BORGES AND ALVARINA REIS BORGES 1998 TRUST, ("Seller") (the "Agreement") for the purchase of the Property located on Christenson Road in Eastern Alameda County consisting of approximately 69.2 acres of land ("Property") at a purchase price of $346,050 plus closing costs, and as otherwise described in Agenda Sheet Item No. 5, dated July 5, 2000.

Section 3. The Board hereby finds and determines that the proposed purchase of the Property, is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Class 13 of Guidelines Section 15313 which covers acquisition of land for preservation of habitat.

Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance does not obligate the Port to execute or deliver the Agreement to Seller. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the

28580 Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Buyer, there shall be no valid or effective Agreement.

Section 5. This ordinance shall take effect 30 days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, July 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Uribe and President Loh - 6. Noes: None. Abstained: Tagami - 1. Absent: None.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held July 18, 2000 By the following Vote:

Ayes : Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and Vice President Kramer - 7

Noes: None

Absent: None The 0...illand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1847899

PUBLIC NOTICE PROOF OF PUBLICATION PORT ORDINANCE NO. 3594 AN ORDINANCE AUTHORIZING EXE- CUTION OF A PURCHASE AND SALE AGREEMENT WITH THE MANUEL SIL- VEIRA BORGES AND ALVARINA REIS BORGES 1998 TRUST FOR PURCHASE OF LAND LOCATED ON CHRISTENSEN ROAD IN EASTERN ALAMEDA COUNTY FOR BURROWING OWL HABITAT PUR- In the matter of: POSES BE IT ORDAINED by the Board of PoPort Commissioners ("Board ) of the City of Oak- land as follows: Section 1. The Board hereby approves and authorizes the Executive Director to execute a Purchase and Sale Agreement be- Port Ordinance No. 3594 tween the Port and the MANUEL SILVEIRA BORGES AND ALVARINA REIS BORGES 1998 TRUST, ("Seller) (the "Agreement-) for the purchase of the Property located on Christens Road in Eastern Alameda County consisting of approximately 69.2 acres of land ("Property ) at a purchase price of $346,050 plus closing costs, and as otherwise described in Agenda Sheet Item No. 5, dated July 5, 2000. Section 2. The Executive Director is authorized to execute and deliver such other The undersigned below, deposes and says that he/she was the public documents as shall be required to carry out Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of the intent of this ordinance, provided that such documents are approved as to form general circulation as defined by Government Code Section and legality by the Port Attorney. 6000 adjucated as such by the Superior Court of the State of California, Section 3. The Board hereby finds and County of Alameda (Order Nos, 237798, December 4, 1951) which is determines that the proposed purchase of the Property, is exempt from the provisions of published and circulated in Oakland Township in said county and state the California Environmental Quality Act seven days a week, (CEQA") pursuant to Class 13 of Guidelines Section 15313 which covers acquisition of land for preservation of habitat. That the Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance does not obligate the Port to execute or deliver the Agreement to Seller. This PORT OF OAKLAND ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Buyer, there shall be no valid or effective Agreement. of which the annexed is a printed copy, was published in every issue of Section 5. This ordinance shall take effect 30 days from and after its final adoption. the OAKLAND TRIBUNE, on the following dates In Board of Port Commissioners, Oakland, California, July 5, 2000. Passed to print for one day by the following vote: Ayes: Com- missioners Kiang, Kramer, Neal, Protopa- ppas, Uribe and President Loh - 6. Noes: None. Abstained: Tagami - 1. Absent: None. JULY 12, 2000 Christopher C. Marshall Secretary to the Board The Oakland Tribune, #1847899 July 12, 2000 I certify (or declare) under the penalty of perjury that the foregoing is „and correct.

Samantha Allen-Wise Public Notice Advertising Clerk JULY 12, 2000 ORIGINAL The Lailand Tribune do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1847899

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3594

That the

PORT OF OAKLAND

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JULY 12, 2000

I certify (or declare) under the pen y of perjury that the foregoing is truaand c tect.

Samantha Allen -Wis Public Notice Advertising Clerk JULY 12, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3593 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF LEASE WITH DOLLAR RENT A CAR SYSTEMS, INC.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a Lease between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and DOLLAR RENT A CAR SYSTEMS, INC., ("Dollar"), of up to approximately 148,196 square feet of space located at the intersection of Doolittle Drive and Langley Street, Oakland, California, to be used by Lessee as a rental car service facility, and other purposes incidental and reasonably related thereto for a term of 20 years, at an initial monthly rent of $13,722.95, said rate to be increased annually based upon the increase in the Consumer Price Index, but in an amount not less than 3.5% and otherwise upon the terms and conditions set forth in Board Agenda Sheet Item No. 1, dated July 5, 2000, as subsequently may be revised pursuant to resolution or ordinance adopted by this Board, and upon such standard terms and conditions as specified in the Lease and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to execute said Lease.

28529 Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, July 5, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7. Noes: None. Absent: None.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held July 18, 2000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and Vice President Kramer - 7

Noes : None

Absent: None

Attes The Ouddand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No 1847875

PROOF OF PUBLICATION

In the matter of:

PUBLIC NOTICE PORT ORDINANCE NO. 3593 AN ORDINANCE APPROVING AND AU- THORIZING THE EXECUTION OF LEASE Port Ordinance No. 3593 WITH DOLLAR RENT A CAR SYSTEMS, INC. RE IT ORDAINED. by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commis- sioners ("Board") hereby approves a Lease between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and DOLLAR RENT A CAR SYS- TEMS, INC., ("Dollar"), of up to approxi- The undersigned below, deposes and says that he/she was the public mately 148,196 square feet of space located at the intersection of Doolittle Drive and Lan- Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of gley Street, Oakland, California, to be used by Lessee as a rental car service facility, and general circulation as defined by Government Code Section other purposes incidental and reasonable re- 6000 adjucated as such by the Superior Court of the State of California, lated thereto for a term of 20 years, at an init- tial monthly rent of $13,722.95, said rate to County of Alameda (Order Nos. 237798, December 4, 1951) which is be increased annually based upon the in- published and circulated in Oakland Township In said county and state crease in the Consumer Price Index, but in an amount not less than 3/5% and otherwise seven days a week. upon the terms and conditions set forth in Board Agenda Sheet Item No. 1, dated July That the 5, 2000, as subsequently may be revised pursuant to resolution or ordinance adopted by this Board, and upon such standard terms and conditions as specified in the Lease and approved by the Executive Director.510-272- 11 Section 2. The Executive Director is hereby authorized to execute said Lease. PORT OF OAKLAND Section 3. This ordinance is not evidence of and does not create or constitute (a) con tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Lease in accordance with the terms of this ordinance. Unless and until a separate written Lease is duly executed on of which the annexed is a printed copy, was published in every issue of behalf of the Board as authorized by this or- the OAKLAND TRIBUNE, on the following dates dinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to Lessee, there shall be no valid or effective Lease. Section 4. This ordinate shall take effect thirty (30) days from and after its final adoption. JULY 12, 2000 In Board of Port Commissioners, Oakland, California. July 5, 2000, Passed to print for one day by the following vote: Ayes: Com- missioners Kiang. Krarnw, Neal, Protoppas. Tagami, Uribe and President Loh 7. Noes: None. Absent: None. I certify (or declare) under the pen aggurythat the foregoing is Christopher C MarRha I rue and cc.irrec------Secretary to the Board The Oakland Tribune 1947875 July 12. 2000

Samantha Allen-Wise Public Notice Advertising Clerk JULY 12, 2000 The °midland Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1847875

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3593

That the

PORT OF OAKLAND

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JULY 12, 2000

I certify (or eclare) under theerpIgitys2Lgarijary that the foregoing is e and c

Samantha Allen4/t e Public Notice Advertis Clerk JULY 12, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3592

AN ORDINANCE AMENDING SECTIONS 2.01, 2.03, 2.05 AND 2.07, AND ADDING SECTION 1.33995 TO PORT ORDINANCE NO. 867 RATIFYING AND FIXING THE COMPENSATION OF CERTAIN EMPLOYEES OF THE PORT DEPARTMENT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The salary schedules set forth in Section 2.01, 2.03, 2.05 and 2.07 of Port Ordinance No. 867 shall be and the same are hereby amended by increasing the rates of compensation set forth on said salary schedules by an additional three and three-fifths percent (3.6%) effective June 24, 2000.

Section 2. Section 1.33995 is hereby added to Port Ordinance No. 867 to read as follows:

Sec. 1.33995. In addition to the compensation otherwise provided herein each person employed in a regular full time position belonging to Employee Representation Unit I on the effective dates hereof, at the rates indicated below, under Sections 5.0191, 5.0238, 5.0239, 5.401, 5.402, 5.405, 5.406, 5.407, 5.408, 5.4091 and 8.144, except those positions in the foregoing sections assigned to Rate y, any of such employee who receives a "below expectations" or "unacceptable" overall rating on his/her most recent probationary or annual performance appraisal prior to June 24, 2000, and any employee whose 2000 annual performance appraisal is not due until December 1, 2000, shall be entitled to an additional three and one half percent (3.5%) of the compensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2000.

In addition to the compensation otherwise provided herein each person employed in a regular full time position belonging to Employee Representation Unit E on the effective dates hereof, at the rates indicated below, under Sections 4.03, 5.002, 5.003, 5.012 5.0141, 5.015, 5.017, 5.018, 5.0195, 5.0199, 5.022, 5.0221, 5.0222, 5.0233, 5.028, 5.07, 5.074, 5.077, 5.091, 5.097, 5.105, 5.10 7 , 5.108, 5.111, 5.161, 5.166, 5.183, 5.4, 5.403, 5.4032, 5.4034, 5.4093, 6.0112, 6.012, 6.02, 6.021, 7.022, 7.024, 7.112, 7.118, 7.133, 7.134, 7.135, 7.136, 7.1392, 7.1397, 7.14,

28186 8.011, 8.013, 8.02, 8.021, 8.0615, 8.076, 8.139, 8.201, 8.23, 8.231, 8.24, 8.252, 9.011, 10.001, 10.003, 10.0032, 10.0036, 10.0037, 10.0038, 10.005, 10.006, 10.011, 10.013, 10.014, 10.017, 10.02, 10.0211, 10.0231, 10.025, 10.027, 10.0271, 10.0291, 10.0293, 11.0022, 11.0031, 11.0033, 11.0061, 11.0064, 11.0065, 11.0066, 11.0067, 11.009, 11.024, 11.0262, 11.0263, 11.0264, 11.0266, 11.0267 and 12.02, except those positions in the foregoing sections assigned to Rate y, any of such employee who receives a "below expectations" or "unacceptable" overall rating on his/her most recent probationary or annual performance appraisal prior to June 24, 2000, and any employee whose 2000 annual performance appraisal is not due until December 1, 2000, shall be entitled to an additional three and three-fifths percent (3.6%) of the compensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2000.

In addition to the compensation otherwise provided herein each person employed in a regular full time position belonging to Employee Representation Unit D on the effective dates hereof, at the rates indicated below, under Sections 5.0161, 5.018, 5.019, 5.02, 5.02223, 5.0234, 5.0235, 5.0236, 5.025, 5.026, 5.029, 5.064, 5.102, 5.1021, 5.1281, 5.165, 5.167, 5.168, 5.182, 5.184, 5.4033, 6.026, 6.027, 6.032, 6.041, 6.042, 6.043, 7.023, 7.117, 7.123, 7.131, 7.1381, 7.1382, 7.139, 7.1393, 7.1395, 7.1396, 7.1398, 8.0613, 8.112, 8.154, 8.25, 8.26, 8.27, 8.271, 8.28, 10.0031, 10.0131, 10.016, 10.018, 10.024, 10.035, 11.0068, 11.008, 11.0261, 11.0265, 11.0281 and 11.042, except those positions in the foregoing sections assigned to Rate y, any of such employee who receives a "below expectations" or "unacceptable" overall rating on his/her most recent probationary or annual performance appraisal prior to June 24, 2000, and any employee whose 2000 annual performance appraisal is not due until December 1, 2000, shall be entitled to an additional three and three-fifths percent (3.6%) of the compensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2000.

In addition to the compensation otherwise provided herein each person employed in a regular full time position belonging to Employee Representation Unit C on the effective dates hereof, at the rates indicated below, under Sections 8.03, 8.04, 8.05, 8.06, 8.061, 8.091, 8.092, 8.1 and 8.11, except those positions in the foregoing sections assigned to Rate y, any of such employee who receives a "below expectations" or "unacceptable" overall rating on his/her most recent probationary or annual performance appraisal prior to June 24, 2000, and any employee whose 2000 annual performance appraisal is not due until December 1, 2000, shall be entitled to an additional three and one half percent (3.5%) of the compensation fixed for his or her

28186 services, calculated to the nearest dollar, effective June 24, 2000.

In addition to the compensation otherwise provided herein each person belonging to Employee Representation Unit B employed on the effective dates hereof, at the rates indicated below, under Sections 5.109, 5.1092, 5.15, 8.072, 8.084, 8.17, 9.02, 9.03, 9.04, 9.041, 9.042, 9.05, 9.051, 9.08, 9.09, 9.1, 9.11, 9.125, 9.19, 9.191, 9.193, 10.008, 10.07, 10.073, 10.09, 10.093 and 10.1, shall be entitled to an additional three and three-fifths percent (3.6%) of the compensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2000.

In addition to the compensation otherwise provided herein each person belonging to Employee Representation Unit A employed on the effective dates hereof, at the rates indicated below, under Sections 5.03, 5.032, 5.04, 5.062, 5.065, 5.121, 5.128, 5.129, 5.13, 5.14, 5.144, 5.152, 7.041, 7.042, 7.09, 7.121, 7.122, 8.0611, 8.0631, 8.0636, 8.113, 8.114, 8.138, 8.147, 10.0292, 10.0294, 10.0295, 10.04, 10.05, 10.051 and 12.031, shall be entitled to an additional three and three-fifths percent (3.6%) of the compensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2000.

Section 3. The Board hereby ratifies, confirms and approves all payments from and after June 24, 2000, to the effective date of this ordinance. In Board of Port Commissioners, Oakland, California, June 20, 2000, Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7. Noes: None. Absent: None.

Christopher C. Marshall, Secretary to the Board

Adopted at a regular meeting held July 5, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None

28186 The OMAN Tribune ORIGINAL c/o ANG Newspapers Tribune Tower. 401 13th Street, Oakland, CA 94612 L P rial Advertising 208-6340

Legal No, 1837671

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3592 AN ORDINANCE AMENDING SECTIONS 2.01, 2.03, 2.05 AND 2.07, AND ADDING SECTION 1.33995 TO PORT ORDINANCE NO. 867 RATIFYING AND FIXING THE COMPENSATION OF CERTAIN EMPLOYEES OF THE PORT DEPARTMENT. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The salary schedules set forth in Section 2.01, 2.03, 2.05 and 2.07 or Port Ordi- nance No. 867 shall be and the same are hereby amended by increasing the rates of compensation set forth on said salary schedules by an additional three and three-fifths percent (3.6%) effective June 24, 2000. Section 2. Section 1.33995 is hereby added to Port Ordinance No. 867 to read as follows: PROOF OF PUBLICATION Sec. 1.33995. In addition to the compensation otherwise provided herein each person em- leaor f f ual lt-timee si belonging fegg ClnatNeltur th ratestrd under Sections e .0r1Itai 3E8% 1 ;70139,1 et. 401, 5.402, 5.405, 5.406, 5.407, 5.408, 5.4091 and 8.144, except those positions in the foregoing sections assigned to Rate y, any of such employee who receives a below expectations or unacceptable overall rating on his/her most recent probationary or annual performance appraisal °prior to June 24, 2000, and any employee whose 2000 annual performance appraisal is not due until December 1, 2000, shall be entitled to an additional three and one-half percent (3.5%) of the compensation fixed for his or her services, calculated to In the matter of: the nearest dollar, effective June 24, 200 0. In addition to the compensation otherwise provided herein each person employed in a regular full-time position belonging to Employee Representation Unit E on the effective dales hereof, at the rates indicated below, under Sections 4.03, 5.002, 5.003, 5.012, 5.0141, 5.015, 5.017, 5.018, 5.0195, 5.0199, 5.022, 5.0221, 5.0222, 5.0233, 5.028, 5.07, 5.074, 5. 077, 5.091, 5.097, 5.105, 5.107, 5.108, 5.111, 5.161, 5.166, 5.183, 5.4, 5.403. 5.4032, 5. 4034,5,4093, 6.0112, 6.012, 6.02, 6.021, 7.022, 7.024, 7.112, 7.118, 7.133, 7.134, 7.135, 7. 136, 7.1392, 7.1397, 7.14, 8.011, 8.013, 8.02, 8.021, 8.0615, 8.076, 8.139, 8.201, 8.23, 8. 231, 8.24, 8.252, 9.011, 10.001, 10.003, 10.0032,10.0036, 10.0037, 10.0038, 10.005, 10.006, Port of Oakland 10.011, 10.013, 10.014, 10.017, 10.02, 10.0211, 10.231, 10.025, 10.027,10.0271, 10.0291, 10.0293, 11.0022, 11.0031, 11.0033, 11.0061, 11 0064, 11.0065, 11.0066, 11.0067, 11.009, 11.024, 11.0262, 11.0263, 11.0264, 11.0266, 11.0267 and 12.02, except those positions in the foregoing sections assigned to Rate y,. any of such employee who receives a "below expectations or "unacceptable" overall rating on his/her more recent probationary or annual performance appraisal prior to June 24, 2000, and any employee whose 2000 annual performance appraisal is not due until December 1, 2000 shall be entitled to an additional three and three-fifths percent (3.6%) of the com•ensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2 The undersigned below, deposes and says that he/she was the public In addition to the compensation otherwise provided herein each person employed in a ioular full-time position belonging to Employee Representation Unit D on the effective Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of dates hereof, at the rates indicated below, under Sections 5.0161, 5.018, 5.019, 5.02, 5. 02223, 5.0234, 5.0235, 5.0236, 5.025 5.026, 5.029, 5.064, 5.102, 5.1021, 5.1281, 5.165, 5. general circulation as defined by Government Code Section 167, 5.168, 5.182 5.184, 5.4033, 6.026, 6.027, 6.032, 6.041, 6.042, 6.043, 7.023, 7.117, 7. 6000 adjucated as such by the Superior Court of the State of 123, 7.131, 7.1381, 7.1382, 7.139, 7.1393, 7.1395, 7.1396, 7.1398, 8.0613, 8.112, 8.154, 8. 25, 8.26, 8,27, 8.271, 8.28, 10.0031, 10.0131, 10.016, 10.018, 10.024, 10.035, 11.0068, 11. California, County of Alameda (Order Nos. 237798, December 4, 008, 11.0261, 11.0265, 11.0281 and 11.042, except those positions in the foregoing sections assigned to Rate y, any of such employee who receives a "below expectations" or 1951) which is published and circulated in Oakland Township in said "unacceptable" overall rating on his/her most recent probationary 014 annual performance county and state seven days a week. appraisal prior to June 24, 2000, and anyemployee whose 2000 annual performance appraisal is not due until December 1, 2000, shall be entitled to an additional three and three- That the fifths percent (3.6%) of the compensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2000. In addition to the compensation otherwise provided herein each person employed in the regular full-time position belonging to Employee Representation Unit C on the effective dates hereof, at the rates indicated below, under Sections 8.03, 8.04, 8.05, 8.06, 8.061, 8. 091, 8.092, 8.1 and 8,11, except those positions in the foregoing sections assigned to Rate y, any of such employee who receives a "below expectations or "unacceptable" overall Port Ordinance No. 3592 rating on his/her most recent probationary or annual performance appraisal prior to ,June 24, 2000, and any employee whose 2000 annual performance appraisal is not due until De- cember 1, 2000, shall be entitled to an additional three and one-half percent (3.5%) of the compensation fixed for his or her services, calculated to the nearest dollar, effective June 24, 2000. In addition to the compensation otherwise provided herein each person belonging to Employee Representation Unit B employed on the effective dates hereof, at the rates indicated below, under Sections 5.109, 5.1092, 5.15, 8.072, 8.084, 8.17, 9.02, 9.03, 9.04, 9.041, 0.042, 9.05, 9.051, 9.08, 9.09, 9.1, 9.11, 9.125, 9.19, 9.191, 9.193, 10.008, 10.07, 10.073, 40.09, 10.093 and 10.1, shall be entitled to an additional three and three-fifths percent (3. of which the annexed is a printed copy, was published in every issue of 6%) of the compensation fixed for his or her services, calculated to the nearest dollar, effec- the OAKLAND TRIBUNE, on the following dates: tive June 24, 2000. In Employeep Representation Unit A emploe d o nth e effective dates hereon, at the rates indicated below, under Sections 5.03, 5.032, 5.04, 5.062,5.065, 5.121, 5.128, 5.129, 5.13, 5.14, 5.144, 5.152, 7.041, 7.042, 7.09, 7.121, 7.122, 8.0611, 8.0631, 8.0636, 8.113, 8.114, 8.138, 8.147, 10.0292, 10.0294, 10.0295, 10.04, 10.05, 10.051 and 12.031, shall be entitled to an additional three and three-fifthspercent (3.6%) of the compensation fixed for his or her ser- JUNE 28, 2000 vices, calculated to the nearest dollar, effective June 24, 2000. Section 3. The Board hereby ratifies, confirms and approves all payments from and after June 24, 2000, to the effective date of this ordinance. In Board of Port Commissioners Oakland, California, June 20, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, I certify (or declare) under the penalty of perjury that the foregoing is Uribe and President Loh - 7. Noes: None. Absent: None. true and correct. CHRISTOPHER C. MARSHALL Secretary to the Board The Oakland Tribune #1837671 June 28, 2 -SaMantha Allen-Wise Public Notice Advertising Clerk JUNE 28, 2000 The OaLand Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 LPrial Advertising 208-6340

Legal No. 1837671

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

Port Ordinance No. 3592

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 28, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

`Safnantha Allen-Wise Public Notice Advertising Clerk JUNE 28, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3591

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE ADDITIONAL POSITIONS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Sections 6.02, 8.05, 8.06, 8.092 and 8.10 of Port Ordinance No. 867 are hereby amended to read as follows:

Section No. of Grade or No. Positions Title Schedule No.

6.02 4 Deputy Port Attorney III 585.8 8.05 25 Civil Engineer 56 8.06 22 Assistant Civil Engineer 50.5 8.092 12 Port Electrical/Mechanical Engineer 56 8.10 14 Assistant Port Electrical/Mechanical 50.5 Engineer

In Board of Port Commissioners, Oakland, California, June 20, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7. Noes: None. Absent: None. Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held July 5, 2000

By the following Vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7 Noes: None

Absent: None

Attest Secretary. Approved as tcy for -and legality:

Port Attorney The OaL.,and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Advertising 208-6340

Legal No. 1837695

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3591 AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE ADDITIONAL POSITIONS. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 6.02, 8.05, 8.06, 8.092 and 8.10 of Port Ordinance No. 867 is hereby amended to read as follows: PROOF OF PUBLICATION Section No. of Grade or No. P sItions .TII, Schedule No. 4 Deputy Port Attorney HI 585.6 8.05 25 Civil Engineer 56 8.06 22 Assistant Civit Engineer 50.5 8.092 12 Port Electrical/Mechanical Engineer 56 8.10 14 Assistant Port Electrical/ 50.5 Mechanical Engineer In Board of Port Commissioner, Oakland, California, June 20, 2000. Passed to print for one In the matter of: day by the following vote: Ayes: Commissioners (Gang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh- 7. Noes: None. Absent: None. Christopher C. Marshall Secretary to the Board The Oakland,Tribune, #1837695 June 28, 2000 PORT OF OAKLAND

PORT ORDINANCE NO. 3591

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 28, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

_Samantha Allen-Wise Public Notice Advertising Clerk JUNE 28, 2000 The Oa►and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 L Pgal Advertising 208-6340

Legal No. 1837695

PROOF OF PUBLICATION

In the matter of:

PORT OF OAKLAND

PORT ORDINANCE NO. 3591

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 28, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

,,Samantha Allen-Wise Public Notice Advertising Clerk JUNE 28, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3590

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A NONEXCLUSIVE PREFERENTIAL ASSIGNMENT AGREEMENT WITH SSA TERMINALS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a Nonexclusive Preferential Assignment Agreement ("Agreement") between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and SSA TERMINALS, LLC, a limited liability company, as Assignee, whereby certain premises consisting of approximately 150 acres of land and water area, to be improved by the Port with a wharf, container yard, structures and gate complex, two vessel berths and six super post- Panamax gantry cranes, commonly referred to as Berths 57 and 58, at the Port of Oaklands Inner Harbor Area, are assigned to Assignee on a nonexclusive preferential basis, to be used by Assignee as a containership terminal, for a term of 15 years commencing on the later of 30 days from and after the adoption of this ordinance, any required filing of the Agreement with the Federal Maritime Commission and its effectiveness pursuant to Section 6 of the Shipping Act of 1984, and the substantial completion of construction of improvements on mutually agreeable usable portions of the assigned premises (including the wharf and berths), with two separate consecutive options for Assignee to extend the term by 5 years pursuant to each option, at a compensation and other terms and conditions as set forth in Agenda Sheet Item No. 21, June 20, 2000, and such standard terms and conditions as specified in the Agreement and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Agreement.

28350

the Board. This ordinance approves and authorizes the execution of said Non-Exclusive Preferential Agreement in accordance with the terms of this ordinance. Unless and until a separate written Non-Exclusive Preferential Assignment Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Assignee, there shall be no valid or effective Non- Exclusive Preferential Assignment Agreement or any other contract or agreement.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

Adopted at a regular meeting held July 5, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None

App d legality :

Port Attorney

28350 The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 tl Advertising J) 208-6340

Legal No. 1837842

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3590 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A NON-EXCLU- SIVE PREFERENTIAL ASSIGNMENT AGREEMENT WITH SSA TERMINALS. SE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commissioners (Board) hereby approves a Non-Exclusive Preferential Assignment Agreement (Agreement) between the CITY OF OAKLAND, a municipal corporation, acting. by and through the Board, and SSA TERMINALS, LLC, a limited liability company, as Assignee, whereby certain premises consisting of approximately 150 acres of land and water area, to be improved by the Port with a wharf, container yard, structures and gate complex, two vessel berths and six super post-Panamax gantry cranes, commonly referred to as Berths 57 and 58. at the Port of Oaklands Inner Harbor Area, are assigned to As- signee on a non-exclusive preferential basis, to be used by Assignee as a containership ter- PROOF OF PUBLICATION minal, fora term of 15 years commencing on the later of 30 days from and after the adoption of this ordinance, any required filing of the Agreement with the Federal Maritime Commission and its effectiveness pursuant to Section 6 of the Shipping Act of 1984, and the substantial completion of construction of improvements on mutually agreeable usable portions of the assigned premises (including the wharf and berths), with two separate consecutive options for Assignee to extend the term by 5 years pursuant to each option, at a compensation and other terms and conditions as set forth in Agenda Sheet Item No. 21, June 20, 2000, and such standard terms and conditions as specified in the Agreement and approved by the Executive Di- rector. In the matter of: Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Agreement. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or jb) any obligation or on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Non-Exclusive Preferential Agreement in accordance with the terms of this ordinance. Unless and until a separate written Non-Exclusive Preferential As- signment Agreement is duly executed on behalf of the Board as authorized by this ordinance, Port of Oakland is signed as approved as to form and legality by the Port Attorney, and is delivered to As- signee, there shall be no valid or effective Non-Exclusive Preferential Assignment Agreement or any other contract or agreement. Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oakland, California, June 20, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, be and President Loh - 7. Noes: None. Absent: None. The undersigned below, deposes and says that he/she was the public CHRISTOPHER C. MARSHALL Secretary to the Board Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation as defined by Government Code Section The Oakland Tribune #1837842 June 28, 2060 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the

Port Ordinance No. 3590

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 28, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Samantha Allen-Wise Public Notice Advertising Clerk JUNE 28, 2000 The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 1l Advertising U) 208-6340

I °^ 1 Nin 1837842

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

Port Ordinance No. 3590

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 28, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true ana correct.

,Samantha Allen-Wise Public Notice Advertising Clerk JUNE 28, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3589

AN ORDINANCE AMENDING PORT ORDINANCE NO. 3044, FIXING CERTAIN REVISED PARKING RATES AT THE PARKING FACILITIES IN JACK LONDON SQUARE

WHEREAS, the Board of Port Commissioners ("Board") desires to amend Port Ordinance No. 3044 to further revise certain parking rates at the parking facilities in Jack London Square; now therefore

BE IT ORDAINED by the Board as follows:

Section 1. Sections 4(a), 4(b) and 4(c) of Port Ordinance No. 3044 are amended to read as follows:

(a) Washington Street Garage:

Parking Time Validated Rate Unvalidated Rate

First Hour Free $1.25 Each additional 1/2 Hour (or portion thereof) $1.00 $1.25 12 Hour Maximum $11.00 $13.00

(b) Underground Garage:

Parking Time Validated Rate Unvalidated Rate

First Hour Free $1.50 Each 1/2 Additional Hour (or portion thereof) $1.50 $1.50 12 Hour Maximum $13.00 $15.00

Parking Time Validated Rate Unvalidated Rate

First Hour Free $1.25 Each Additional 1/2 Hour (or portion thereof) $1.00 $1.25 12 Hour Maximum $11.00 $13.00

28206 Section 2. Section 4(e) of Port Ordinance No. 3044 is amended to read as follows:

(e) Monthly Parking

Washington Street Garage Open Parking: $133 per month Fifth - Seventh Level Parking: $80 per month

Half-Moon Lot (Oak Street) Discounted for Port Employees: $20.00 per month

Lots 5, 7, 9, 11 $74 per month

Potomac Yard $74 per month

Amtrak Lot $74 per month

Section 3. Subsection 4(f) of Port Ordinance No. 3044 is amended to add the following:

Lot #2 (Operated by Licensee)

$6.00 per car beyond 4 hours up to 12 hours

Port Operated Valet Program $10.00 with validation $15.00 without validation

Section 4. Subsection 4(i) of Port Ordinance No. 3044 is amended to read as follows:

(i) Validation Programs: The Executive Director is authorized to establish and maintain a validation program which program shall read as follows:

12-hour validation $75.00 per sheet (10 stamps, $7.50 each)

Merchant Validations 1 hour free $25.00 per book (100 stamps, $.25 each)

Valometer for High Volume merchants 1 hour free $.25 per validation (Collect up front from merchants on set number of validation on descending meter)

28206 Office Tenants 1 hour free $125.00 per book (100 stamps, $1.25 each)

Port of Oakland Visitors and clients 4 hours free $300 per book (100 stamps, $3.00 each)

Port Valometers 1 hour free Free

On Line Validations $.25 per validation (excluding cinema)

Section 5. Subsection (1) is hereby added to Section 4 of Port ordinance No. 3044 to read as follows:

(1) Amtrak Lot Short-term public: $0.75 per hour 4 Hour Maximum: $3.00 up to four hours Long-term Amtrak Riders: $3.50 per 24 hours

Adopted at a regular meeting held July 5, 2000 By the following Vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None

28206 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3588

AN ORDINANCE AMENDING PORT ORDINANCE 1149 WAIVING CERTAIN LANDING FEES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT PURSUANT TO A MARKETING INCENTIVE POLICY.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Section 2 of Port Ordinance No. 1149 is hereby amended to read in full as follows:

"Section 2. Except as provided in Sections 3, 5 and 7 of this ordinance, or by a written agreement between the Port and an Airline Operator, or as may be waived pursuant to a marketing incentive policy authorized by the Board of Port Commissioners if such waiver is reflected in a written agreement between the Port and an Airline Operator, the following landing fees and operation charges are hereby established for each aircraft using the landing areas, including the helicopter landing areas, at the Airport:

a. For non-based aircraft, other than those described in Subsection c of this Section 2, having a maximum gross landing weight of up to 12,500 pounds, $15.88.

b. For aircraft, other than those described in Subsection c of this Section 2, having a maximum gross landing weight of more than 12,500 pounds or more, the rate shall be $1.27 per 1,000 pounds.

Notwithstanding the provisions of Section 2a hereinabove set forth, the landing fees and operation charges for aircraft operated by a federally certificated air carrier shall be $1.27 per 1,000 pounds of maximum gross landing weight per aircraft regardless of the total weight of the aircraft, except as set forth hereinafter in Section 2c.

28284 c. For aircraft operated by Airline Operators who lease or license space from the Port in the airline terminal complex; or are listed as a scheduled carrier in the Official Airline Guide; or lease or rent a minimum of 20,000 square feet of land or ramp area on the South Airport on at least a month-to-month basis; or lease or rent a minimum of 2,200 square feet of air cargo building space on the South Airport on at least a month-to- month basis; the rate shall be $1.08 per 1,000 pounds.

d. For based aircraft, described in Subsection c of this Section 2, having a maximum gross landing weight of up to 12,500 pounds the minimum charge per landing will be $13.50 per landing."

Section 2. Section 2 of this ordinance shall be effective July 5, 2000.

Adopted at a regular meeting held July 5, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1837793

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3588 AN ORDINANCE AMENDING PORT ORDINANCE 1149 WAIVING CERTAIN LANDING FEES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT PURSUANT TO A MARKETING INCENTIVE POLICY. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Section 2 of Port Ordiance No. 1149 is hereby amended to read in full as follows: "Section 2. Except as provided in Sections 3, 5 and 7 of this ordinance, or by a written agreement between the Port and an Airline Operator, or as may be waived pursuant to a PROOF OF PUBLICATION marketing incentive policy authorized by the Board of Port Commissioners if such waiver is reflected iin a written agreement between the Port and an Airline Operator, the following landing fees and operation charges are hereby established for each aircraft using the landing areas, including the helicopter landing areas, at the Airport; a. For non-based aircraft, other than those described in Subsection c of this Section 2, having a maximum gross landing weight of up to 12,500 pounds, $15.88. b. For aircraft, other than those described in Subsection c of this Section 2, having a In the matter of: maximum gross landing weight of more than 12,500 pounds or more, the rate shall be $1. 27 per 1,000 pounds. Notwithstanding the provisions of Section 2a hereinabove set forth, the landing fees and operation charges for aircraft operated by a federally certificated air carrier shall be $1.27 per 1,000 pounds of maximum gross landing weight per aircraft regardless of the total weight of the aircraft, except as set forth hereinafter in -Section 2c. c. For aircraft operated by Airline Operator who lease or license space from the Port in the airline terminal complex; or are listed as a scheduled carrier In the Official Airline Guide; Port of Oakland or lease or rent a minimum of 20,000 square feet of land or ramp area on the South Airport on at least a month-to-month basis; or lease or rent a minimum of 2,200 square feet of air cargo building spa on the South Airport on at least a month-to-month basis; the rate shall be $1.08 per 10M pounds. d. For based aircraft, described In Subsection C of this Section 2, having a maximum gross landing weight of up to 12,500 pounds the minimum charge per landing will be $13. 50 per landing. Section 2. Section 2 of this ordinance shall be effective July 5, 2000. The undersigned below, deposes and says that he/she was the public Board of Port Commissioners, Oakland, California, June 20, noa Passed to print for one Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of , by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, general circulation as defined by Government Code Section Llebe and President Loh -7. Noes: None. Absent: None, 6000 adjucated as such by the Superior Court of the State of CHRISTOPHER C. MARSHALL Secretary to the Board California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said The Oakland Tribune, #1837793 June 28, 2000 county and state seven days a week. That the

Port Ordinance No. 3588

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 28, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true arid correct.

)1„ Samantha Allen-Wise /Public Notice Advertising Clerk JUNE 28, 2000 The OaLand Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1837793

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

Port Ordinance No. 3588

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 28, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true a correct.

Samantha Allen-Wise /Public Notice Advertising Clerk JUNE 28, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3587

AN ORDINANCE AMENDING SECTION 5.026 OF PORT ORDINANCE NO. 867 TO RETITLE THE POSITION OF EXECUTIVE SECRETARY TO EXECUTIVE ASSISTANT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Section 5.026 of Port Ordinance No. 867 is hereby amended to read as follows:

Section No. of Salary or No. Positions Title Schedule No.

5.026 10 Executive Assistant 227.85

In Board of Port Commissioners, Oakland, California, June 6, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami, Uribe and Vice President Neal - 6. Noes: None. Absent: President Loh - 1.

Christopher C. Marshall Secretary to the Board

Adoptedregular at a meeting held June 20, 2000

By the following Vote:

Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7 Noes: None

Absent: None

Attest The OaLind Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 0) 208-6340

Legal No. 1826376

PROOF OF PUBLICATION

In the matter of:

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3587 AN ORDINANCE AMENDING SECTION 5.026 OF PORT ORDINANCE NO. 867 TO RETITLE THE POSITION OF EXECUTIVE SECRETARY TO EXECUTIVE ASSISTANT Port of Oakland BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Section 5.026 of Port Ordinance No. 867. is hereby amended to read as follows: Section No. No. of Positions: Title: Salary or Schedule No. 5,026 10 Executive Assistant 227:85 In board of Port Commissioners, Oakland, Criliforma„Iime 2000. Passed to print for one day by the following vote: Ayes: Commisslomrs Kjang, Kramer, Protopappas, Tagami, arid Vice President Neal - 6. Noes: None_ Al ys,r11: ProsIrlent Loh - 1. The undersigned below, deposes and says that he/she was the public Christopher C. Marshall Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Secretary to the Board general circulation as defined by Government Code Section The Oakland Tribune, #1826376 June 14, 2000 6000 adjucated as such by the Superior Court of the State of California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state seven days a week. That the

Port Ordinance No. 3587

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates

JUNE 14, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and ect,

Samantha Allen- Ise Public Notice Adve sing Clerk JUNE 14, 2000 The OaLAnd Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 0) 208-6340

Legal No. 1826376

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

Port Ordinance No. 3587

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 14, 2000

I certify (or declare) under the enalty of perjury that the foregoing is ue andirrect.

VWf Itrik Oarib A . - Á .rilh.... 211.1.Atei Immo W Samantha All n- Ise \. Public Notice Adve sing Clerk JUNE 14, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3586

AN ORDINANCE AMENDING PORT ORDINANCE 2613 AS AMENDED, FIXING CERTAIN REVISED PARKING RATES IN THE PORTS PUBLIC AUTOMOBILE PARKING FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The following revised rates, which include the City of Oakland parking user tax, in Port Ordinance No. 2613, as amended, are hereby fixed for vehicles using the Port's nhhhe narlrina facilitii at the Airnort•

Short Term Parking Areas:

Minutes Amount

0 - 20 $1.00 20 - 40 2.00 40 - 60 3.00

Each additional 20 minutes or fraction thereof up to 5 hours: $1.00

Daily maximum (5 – 24 hours): $25.00

Second and each additional day:

Minutes Amount

0-20 $1.00 20 - 40 2.00 40 - 60 3.00

28048 Each additional 20 minutes or fraction thereof (up to 5 hours): $1.00

Daily maximum (5 – 24 hours): $30.00

Long Term Parking Areas:

Hours Amount

0 - 1 $ 6.00 1 - 24 12.00

After 24 hours:

0 - 1 $ 6.00 1 - 24 12.00

Economy Parking Areas:

Hours Amount

0 - 1 $ 5.00 1 - 24 10.00

After 24 hours:

0 - 1 $ 5.00 1 - 24 10.00

Valet Parking

Hours Amount

0 - 2 $10.00 2 – 4 20.00

Disabled Parking:

0 – 2 hours $7.00 (discount parking for first 2 hours only)

Daily Maximum: 30.00

28048 2 Second and each additional day:

Hours Amount

0 - 2 $10.00

Daily Maximum: 30.00

Section 2. The new rates set forth in Section 1 shall be effective July 1, 2000 .

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held June 20, 2000 By the following Vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None

Attes

Approved 4s to form nc egality:

Port Attorn

28048 3 The GaLind Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1825908

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3586 AN ORDINANCE AMENDING PORT ORDINANCE NO. 2613 AS AMENDED, FIXING CERTAIN REVISED PARKING RATES IN THE PORTS PUBLIC AUTOMOBILE PARKING FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: PROOF OF PUBLICATION Section 1. The following revised rates, which include the City of Oakland parking user tax, in Port Ordinance No. 2613, as amended, are hereby fixed for vehicles using the Ports public automobile parking facilities at the Airport Short Term Parking Areas: Minutes Amount 0 - 20 $1.00 In the matter of: 20 - 40 2.00 40 - 60 3.00 Each additional 20 minutes or fraction thereof up to 5 hours: $1.00 Daily maximum (5 - 24 hours): $25.00 Second and each additional day: Minutes Amount Port of Oakland 0-20 $1.00 20 - 40 2.00 40 - 60 3.00 Each additional 20 minutes or fraction thereof up to 5 hours: $1.00 Daily maximum (5 - 24 hours): $30.00 The undersigned below, deposes and says that he/she was the public Long Term Parking Areas: Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Hours Amount general circulation as defined by Government Code Section 0 - 1 $ 6.00 1 - 24 12.00 6000 adjucated as such by the Superior Court of the State of After 24 Hours California, County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said 0 - 1 $6.00 1 - 24 12.00 county and state seven days a week. That the Economy Parking Areas: Hours Amount 0 - 1 $ 5.00 1 -24 10.00 After 24 Hours 0 - 1 $5.00 Port Ordinance No. 3586 1 - 24 10.00 Valet Parking Hours Amount 0-2 $10.00 2 - 4 20.00 Disabled parking of which the annexed is a printed copy, was published in every issue of 0 - 2 $7.00 the OAKLAND TRIBUNE, on the following dates: (discount parking for first 2 hours only) Daily Maximum: $30.00 Second and each additional day Hours Amount JUNE 14, 2000 0 - 2 1 0.00 Daily Maximum: 30.00 Section 2. The new rates set forth in Section 1 shall be effective July 1, 2000,

In Board of Port Commissioners, Oakland, California, June 6, 2000, Passed to print for one. I certify (or declare) under the penalty of perjury that the foregoing is day by the following vote: Ayes: Commissioners Kiang Kramer, Protopappas, Tagami, Uribe and Vice President Neal - 6, Noes: None. Absent: President Loh - 1. and Correct Christopher C. Marshall Secretary to the Board The Oakland Tribune, #1825908 June 14, 2000 Samantha A en r Ise Public Notice Ad ising Clerk JUNE 14, 2000 The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1825908

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

Port Ordinance No. 3586

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 14, 2000

I certify (or declare) under the penalty of perjury that the foregoing is andCorrect.

Samantha A Public Notice Ad rtising Clerk JUNE 14, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3585 AN ORDINANCE AMENDING SECTION 9 OF PORT ORDINANCE 1149 RELATING TO CHARGES FOR USE OF FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Subsection d(1) of Section 9 of Port Ordinance No. 1149 is hereby amended to read in full as follows:

" For spaces, other than those described in subsection e(1), designated to accommodate aircraft with wingspans or length, whichever is greater, of:

Monthly First 8 Each Maximum Rate Hours or Additional Total Fraction 8 Hours or Daily Thereof Fraction Rate Thereof

40 feet or less $ 94.00 $ 6.00 $ 3.00 $ 8.00 50 feet or less 134.00 7.00 4.00 11.00 75 feet or less 200.00 11.00 5.00 16.00 100 feet or less 223.00 15.00 6.00 24.00 125 feet or less 347.00 24.00 11.00 36.00 150 feet or less 506.00 34.00 15.00 48.00 175 feet or less 671.00 43.00 23.00 65.00 200 feet or less 828.00 55.00 27.00 79.00 Over 200 feet 999.00 65.00 33.00 96.00 Blimp 1069.00 70.00 34.00 104.00

Notwithstanding the monthly rates hereinabove set forth, the monthly rate for aircraft 40 feet or less requiring taxi-in/taxi out capability is $135.00."

Section 2. Subsection g(2) of Section 9 of Port Ordinance No. 1149 is hereby amended to read in full as follows:

28049 " For storage of aircraft in T-hangars, the monthly storage rates exclusive of office space in said T-hangars shall be as follows:

Hangar Area Monthly Rates (Port owned Hangars)

Port-A-Port (single) $209.00 Port-A-Port (light twin) 254.00 T-Hangar (840 sq. feet) 203.00 T-Hangar (960 sq. feet) 231.00 T-Hangar (1,110 sq. feet) 268.00 T-Hangar (1,152 sq. feet) 281.00 T-Hangar (1,596 sq. feet) 383.00

Hangar Area Between Hangar 6 7, and South of Building L-606 (Port owned Hangars) Monthly Rates

T-Hangar (780 sq. feet) $244.00 T-Hangar (1,040 sq. feet) 326.00 T-Hangar (1,060 sq. feet) 332.00 T-Hangar (1,340 sq. feet) 420.00 T-Hangar (2,050 sq. feet) 643.00

Hangar Area Monthly Rates (Privately owned Port-A-Port) Executive Ramp Space (unspecified) $ 103.00 Executive Ramp Space (1,060 sq. feet) 146.00 Executive Ramp Space (1,340 sq. feet) 196.00 Executive Ramp Space (2,050 sq. feet) 294.00

The rate for office space in said T-hangars shall be $.2428 per square foot per month rounded to the nearest dollar for the total office space occupied. Electricity shall be provided separately on a metered basis."

Section 3. The Board of Port Commissioners hereby finds and determines that the establishment and imposition of the above rates pursuant to Sections 1 and 2 of this ordinance is exempt from the requirements of the California Environmental Quality Act under California Public Resources Code Section 21080(b)(8) and Sections 15273 and 15061(b(3) of Title 14 of the California Code of Regulations. The basis for the exemption is that it can be seen with certainty that there is no possibility that imposition of the rates referenced herein will have a significant effect on the environment.

2 Section 4. Section 1 of this ordinance shall be effective July 1, 2000

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held June 20, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None The OaLand Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1815984 PUBLIC NOTICE PUBLIC NOTICE • PORT ORDINANCE NO. 3581 AN ORDINANCE RELINQUISHING AND TRANSFERRING TO THE CITY COUNCIL CON- TROL OF A PORTION OF THE PORT AREA. BE IT ORDAINED by the Board of Port Commissioners Beale of the City of Oakland as follows: Section 1. The land referred to in this ordinance as the Equitec Parcel" is a portion of the jort Area" of the City of Oakland and is particularly described as follows, to wit: AU that real property within the City of Oakland, County of Alameda, State of Cali- fornia, being a portion of Lot 13, Parcel Map No. 6003. filed in Book 205 of Maps at Pages 94-98, on June 2, 1993, Alameda County Records, more particularly described as follows: PROOF OF PUBLICATION Commencing at an Oakland City monument at the intersection of Edgewater Drive and Hassler Way, identified as "26NE5", said monument bearing North 33°5024" West 1891.53 feet from an Oakland city monument intersection of Edgewater Drive and Ro- land Way, identified as "26NE7", both monuments as shown on said Parcel Map; thence along said monument line South 33°5024" East 304.98 feet thence North 56°0936" East 39.00 feet to a point on the northeasterly line Edgewater Drive as shown on said Parcel ft/lap, said point being the southerly corner of Parcel 3 as described in Grant Deed to Eribaum-DeMartini Partnership filed as Series No. 88.284477 In the matter of: on November 8, 1988, Official Records Alameda County and the TRUE POINT OF BE- GINNING; thence along the southeasterly line of said Parcel 3 and Parcel 2, as described in the same document (88-284477) North 56 0936" East 566.01 to the beginning of a non-tangent curve concave to the southwest having the radius of 273.21 feet, to which point a radial line bears North 74-3106" East; thence north-westerly 119.26 feet along said curve and along the northeasterly line of said Parcel 2 and Parcel 1, as described In the same docurnein. (88 .284477) through a central angle of 18°2130; thence along the northeasterly line of said Parcel 1 North 33°5024" West 157.75 feet to a point on the southeasterly line of Hassler Way; thence along said southeasterly line North 56 0936" East 20.00 feet to the most westerly corner of that parcel of land Port of Oakland described in Grant Deed to Oakland Executive Group filed as Series No.N 94-336709, recorded October 18, 1994, Official Records Alameda County; thence along the southwesterly line of said parcel South 335024" East 828.00 feet to a point on the north- westerly plan line of Elmhurst channel as shown on said Parcel Map; thence along said plan line South 56°0936" West 604.96 feet to a point on said northeasterly sine of edgewater Drive; thence along said northeasterly line North 33°5024" West 553.02 feet to the TRUE POINT OF BEGINNING. Containing an area of 7.82 acres, more or less. Section 2. The Board of Port Commissioners of the City of Oakland ("Board) hereby finds The undersigned below, deposes and says that he/she was the public and determines, subject to satisfaction of the conditions le Section 4 of this ordinance, as fol- Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of lows: general circulation as defined by Government Code Section (a) That the Equitec Parcel, owned by the City of Ookland and within the jurisdiction of the Board, has become unnecessary for port purpw:es or itia ,bot development; 6000 adjucated as such by the Superior Court of the State of California , (b) That pursuant to Section 7.04 of Resolution No. 10378, as amended from time-to-time, County of Alameda (Order Nos. 237798, December 4, the Equitec Parcel is not essential to the operation of the Port and that said Parcel is not nec- 1951) which is published and circulated in Oakland Township in said essary to the maintenance of the Ports Revenues (as defined in said Resolution;) and county and state seven days a week. (c) That the proposed relinquishment and transfer of control and jurisdiction of the Equitec That the Parcel complies with the provisions of Section 5.13 (b) of the Master Trust Indenture, dated as of April 1, 1989, as amended, between Me Port and Bank of America National Trust and Sav- ings Association, as successor Trustee (the "Indenture"), and does not, together with other transfers referred to therein, constitute a Significant Portion (as defined in the Indenture). Section a Based upon the findings and determinations made in Section 2, and subject to the effectiveness of this Ordinance in accordance with Sections 4 and 5, the Board hereby relinquished and transfers to the City Council control and jurisdiction of the Equitec Parcel. Port Ordinance No.3581 Section 4. Each of the findings and determinations in Section 2, and the effectiveness of this ordinance, is subject to satisfaction by July 11, 2000 (or such later date as may be determined appropriate in writing . by both the Ports Executive Director and Port Attorney), of each of the conditions in subsections (a) (l)) and (c) of this Section 4. The execution and delivery by the Ports Executive Director OP behalf of ihe Board, and the execution, acceptance and recordation by the City Macy j, c_ler on behalf of the Council, of a Board quitclaim deed for the Equitec Parcel to the Council shall conclusively establish that the conditions in subsections (a), (b) and (c) of this Sectioil 4 have been satisfied. (a) An ordinance of the City Council shall be effective (or shall be effective subject only to of which the annexed is a printed copy, was published in every issue of this ordinance becoming effective) adding to the Port Area the approximately 4.2-acre portion of the former Fleet and Industrial Supply Center, Oakland ("FISCO"), which portion of FISCO the OAKLAND TRIBUNE, on the following dates: (sometimes referred to as "MSC-PAC) was conveyed by the Navy to the Port by_ Quitclaim Deed recorded June 15, 1999, and isi presently located outside the Port Area. The Board hereby requests and recommends to the City Council that it enact an appropriate ordinance altering the Port Area by excluding therefrom the Equitec Parcel and approving the Boards relinquishment to the Council of cor.tro aoo jurisdiction of the Equitec Parcel, pursuant to and in accordance with the provision in it, ord inance enacted by the Board. (b) The Board shall have ente r ed into an Agreement of Sublease with the Oakland Base JUNE 2, 2000 Reuse Authority ("OBRA), on terms mutually-acceptable to OBRA and the Board, whereby OBRA subleases to the Board approximately 127 acres of the westerly portion of Oakland Army Base which OBRA in turn has leased from the Army. (c) The Board and the City Council shall have duly executed a mutually-acceptable and written agreement between them which provides that the Council accepts the Equitec Parcel in its "as is where is" condition, without any obligation by the Port for any environmental reme- I certify (or declare) under the penalty of perjury that the foregoing is diation, and without any warranty or responsibility by the Board to the Council or any other true and correct. party as to the condition thereof. it being specifically understood and agreed that as between the Board and Council, the Council shall be responsible for all costs expenses, obligations and liabilities for any environmental remediation or other condition of the Equitec Parcel. Section 5, This ordinance shall take effect the later of (a) the date that all of the conditions in Section 4 have been satisfied and (b) thirty (30) days from and after its final adoption. The Boards relinquishment of control and jurisdiction over the Equitec Parcel shall not become final or be effective unless and until all of the conditions in Section 4 have been satisfied. Samantha Allen-Wise In Board of Port Commissioners, Oakland, California, May 25, 2000. Passes to print for one day by the following vote: Ayes: Commissioners Kiang, Protopappas, Tagami, Uribe and Vice Public Notice Advertising Clerk President Neal - 5. Noes: None. Absent: Commissioner Kramer and President Loh - JUNE 2, 2000 Christopher C. Marshall Secretary to the Board The Oakland Tribune #18159B1 June 2, 2000 The OalLind Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 18159RA.

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

Port Ordinance No.3581

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and (correct.

Samantha Allen-Wise Public Notice Advertising Clerk JUNE 2, 2000 The Oak_ind Tribune ORIGINAL C/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1825451

PUBLIC NOTICE PUBLIC NOTICE PROOF OF PUBLICATION PORT ORDINANCE NO.3585 AN ORDINANCE AMENDING SECTION 9 OF PORT ORDINANCE 1149 RELATING TO CHARGES FOR USE OF FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Subsection d(1) of Section 9 of Port Ordinance No. 1149 is hereby amended to read in full as follows: For spaces, other than those described in subsection e(1), designated to accommodate In the matter of: aircraft with wingspans or length, whichever is greater, of: Monthly First 8 Each Maximum Rate Hours or Additional Total Fraction B Hours or Daily Thereof Fraction Rate Thereof 40 feet or less $94.00 $6.00 $3.00 $8.00 50 feet or less 134.00 7.00 4.00 11.00 75 feet or less 200.00 i 11.00 5.00 16.00 100 feet or less 223.00 15.00 6.00 24.00 Port of Oakland 125 feet or less 347.00 24.00 11.00 36.00 150 feet or less 506.00 34.00 15.00 48.00 175 feet or less 671.00 43.00 23.00 65.00 200 feet or less 828.00 55.00 27.00 Over 200 feet 999.00 65.00 33.00 9796.800 Blimp 1069.00 70.00 34.00 104.00 Notwithstanding the monthly rates hereinabove set forth, the monthly rate for aircraft 40 feet -i: less requiring tax-in/taxi out capability is $135.00." lection 2. Subsection g(2) of Section 9 of Port Ordinance No. 1149 is hereby amended to J in full as follows: The undersigned below, deposes and says that he/she was the public "For storage of aircraft in T-hangars, the monthly storage rates exclusive of office space in Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of said T-hangars shall be as follows: general circulation as defined by Government Code Section Hangar Area Monthly Rates (Port owned liangars) 6000 adjucated as such by the Superior Court of the State of Port-A-Port (single) $209.00 California, County of Alameda (Order Nos. 237798, December 4, Port-A-Port (II tit twin) 254.00 T-Hangar 840 sq. feet) 203.00 1951) which is published and circulated in Oakland Township in said THangar 960 sq. feet) 231.00 county and state seven days a week. T-Hangar 1,110 sq. feet 268.00 T-Hangar 1,152 sq. feet 281.00 That the 0 1,596 sq. feet 383.00 Hangar Area Between Hangar 6 7 and South of Building L-606 (Port owned Hangars) Monthly Rates T-Hangar 780 sq. feet) $244.00 T-Hangar 1,040 sq. feet) 326.00 T-Hangar 1,060 sq. feet 332.00 T-Hangar 1,340 sq. feet 420.00 T-Hangar 2,050 sq. feet 643.00 PORT ORDINANCE NO. 3585 Hangar Area Monthly Rates (Privately owned Port-A-Port) Executive Ramp Space unspecified) $103.00 Executive Ramp Space 1,060 sq. feet 146.00 Executive Ramp Space 1,340 sq. feet 196.00 Executive Ramp Space 2,050 sq. feet 294.00 The rate for office space in said T-hangars shall be $2428 per square foot per month rounded to the nearest dollar for the total office space occupied. Electricity shall be provided of which the annexed is a printed copy, was published in every issue of separately on a metered basis." Section 3. The Board of Port Commissioners hereby finds and determines that the the OAKLAND TRIBUNE, on the following dates: establishment and imposition of the above rates pursuant to Sections 1 and 2 of this ordinance is exempt from the requirements of the California Environmental Quality Act under California Public Resources Code Section 21080 (b) (8) and Sections 15273 arid 15061 (b) (;8) of Title 14 of the California Code of Regulations. The basis for the exemption is that it cant e seen with certainty that there is no possibility that imposition of the rates referenced herein will have a significant effect on the environment. Section 4. Section 1 of this ordinance shall be effective July 1, 2000. JUNE 14, 2000 in Board of Port Commissioners, Oakland, California, June 6, 200a Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami, Uribe and Vice President Neal- a Noes: Nona Absent President Loh -11. Ch istopher C. Marshall Secretary to the Board Oakland Tribune, Legal No. 1825451 I certify (or declare) under the penalty of perjury that the foregoing is June 14, 2000 true and correct.

Samantha e Ise Public Notice Advertisingdve Clerk JUNE 14, 2000 The Oak_And Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1825451

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

PORT ORDINANCE NO. 3585

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 14, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true an icorrect. AVM Samantha Ise VT Public Notice Advertising Clerk JUNE 14, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3584

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, ADDING SECTION 2.07 TO CREATE NEW SALARY SCHEDULES AND TO AMEND CERTAIN SECTIONS IN PORT ORDINANCE NO. 867.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Section 2.07 is hereby added to Port Ordinance No. 867 to add new salary schedules which section shall read as follows:

"Sec. 2.07. The following salary schedules are hereby adopted:

SCHEDULE Rate Rate Rate Rate Rate No. a. b. c. d.

926 3759 3985 4186 4436 4702 940.03 4366 4583 .4813 5102 5406 954.32 5031 5285 5548 5882 6234 970 5882 6177 6485 6874 7286 971.17 5951 6249 6562 6956 7374 972.30 6019 6319 6635 7034 7456

27762 Section 2. The following sections of Port Ordinance No. 867 are hereby amended to read as follows:

Section No. of Salary or No. Positions Title Schedule No.

8.144 3 Junior Environmental Planner 926 5.402 1 Junior Port Environmental Scientist 926 5.407 3 Assistant Port Environmental Planner 940.03 5.405 8 Assistant Port Environmental Scientist 940.03 5.406 6 Associate Port Environmental Planner 954.32 5.401 5 Associate Port Environmental Scientist 954.32 5.408 2 Port Environmental Assessment Supervisor 972.3 5.4091 1 Port Environmental Compliance Supervisor 972.3 5.0191 3 Associate Port Strategic Planner 954.32 5.0239 1 Industrial Hygienist 970 5.0238 1 Port Principal Safety Administrator 971.17 10.017 1 Airport Operations Superintendent, Landside 547.8 8.23 6 Commercial Representative V 271.88

In Board of Port Commissioners, Oakland, California, May 25, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Protopappas, Tagami, Uribe and Vice President Neal - 5. Noes: None. Absent: Commissioner Kramer and President Loh - 2.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held June 6, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami, Uribe and Vice President Neal - 6 Noes: None

Absent: President Loh - 1

President.

Attest retary. The (Lifland Tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1817040

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3584 AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, ADDING SECTION 2.07 TO CREATE NEW SALARY SCHEDULES AND TO AMEND CERTAIN SECTIONS IN PORT ORDINANCE NO. 867 BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Section 2.07 is hereby added to Port Ordinance No, 867 to add new salary schedules which section shall read as follows: PROOF OF PUBLICATION 3eit.7.. 2.07. The following salary schedules are hereby adopted: SCHEDULE RATE RATE PA FE RATE RATE NO. a. b. d. e. 926 3759 3985 4186 4436 4702 940.03 4366 4583 481.3 5102 5406 954.32 5031 5285 5548 5882 6234 970 5882 6177 6485 6874 7286 971.17 5951 6249 6552 6956 7374 In the matter of: 972.30 6019 6319 6635 7034 7456 Section 2. The following sections of Port Ordinance ivo 867 are hereby amended to read as follows: Section No. of Salary or No. Positions Title Schedule No. 8.144 3 Junior Environmental Planner 926 5.402 1 Junior Port Environmental Scientist 926 5.407 3 Assistant EEtt Eiivimn•inental 940.03 Planner Port of Oakland 5.405 8 Assistant Port Environmental 940.03 Scientist 5,406 6 Associate Port Environmental 954.32 Planner 5.401 5 Associate Port Environmental 954.32 Scientist 5.408 2 Port Environmental Assessment 972.3 Supervisor 5.4091 1 Port Environmental Compliance 972.3 Supervisor 5 0191 3 Ass(iciate Port Strategic Planner 954.32 39 1 Indiistrial Hygienist 970 .B 1 Port Principal Safety Administrator 971.17 The undersigned below, deposes and says that he/she was the public , 17 1 Airport Operations Superintendent 547.8 Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Landslide 8.23 6 Commercial Representative V 271.88 general circulation as defined by Government Code Section In Board of Port Commissioners, Oakland, California, 6000 adjucated as such by the Superior Court of the State of California, May 25, 2000, Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Protopaoon:i, Tagami, Uribe and Vice President Neal - 5. Noes: None. Absent: Commissioner County of Alameda (Order Nos. 237798, December 4, 1951) which is Kramer and President Loh - 2. published and circulated in Oakland Township in said county and state Christopher C. Marshall seven days a week. Secretary to the Board That the The Oakland Tribune, #1817040 June 2, 2000

Port Ordinance No. 3584

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify (or declare) under the penalty of perjury that the foregoing is -and collect. if

Samantha Allan-Wise Public Notice Advertising Clerk JUNE 2, 2000 The ILAland Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1817040

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

That the

Port Ordinance No. 3584

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify (or declare) under the penalty of perjury that the foregoing is tr2nd cor ect.

Samantha All6n- ise Public Notice Advertising Clerk JUNE 2, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3583

ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASEMENT DOCUMENTS TO PACIFIC BELL FOR INSTALLATION OF AN UNDERGROUND TELEPHONE SYSTEM IN THE VISION 2000 PROGRAM AREA.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves and authorizes the Executive Director to execute for and on behalf of the Board and deliver to PACIFIC BELL, a California corporation, an easement, for a term not in excess of 66 years, for installation of an underground telephone system in the Realigned 7 th Street and New Road, as a part of the Ports Vision 2000 Maritime Program; all in accordance with Board Agenda Sheet Item No. 26S dated May 25, 2000. Said easement shall contain such terms and conditions as the Executive Director or Port Attorney may determine necessary in order to protect the interests of the Port.

1 27756 Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption.

1n Board of Port Commissioners, Oakland, California, May 25, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Protopappas, Tagami, Uribe and Vice President Neal - 5. Noes: None. Absent: Commissioner Kramer and President Loh - 2.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held June 6, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami, Uribe and Vice President Neal - 6

Noes: None

Absent: President Loh - 1

President.

Attest Secretary.

2 27756 The Oa►and Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 c oal Advertising 208-6340

Legal No. 1815986

PROOF OF PUBLICATION

In the matter of:

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3583 Port of Oakland ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASEMENT DOCUMENTS TO PACIFIC BELL FOR INSTALLATION OF AN UNDERGROUND TELEPHONE SYSTEM IN THE VISION 2000 PROGRAM AREA. BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows: Section 1. The Board of Port Commissioners ("Board") hereby approves and authorizes the Executive Director to execute for an on behalf of the Board and deliver to PACIFIC BELL, a "fornia corporation, an easement, for a term not in excess of 66 years, for installation of an The undersigned below, deposes and says that he/she was the public rground telephone system in the Realigned 7th Street and New Road, as a part of the Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of sVision 2000 Maritime Program; all in accordance with Board Agenda Sheet Item No. 26S May 25, 2000. Said easement shall contain such terms and conditions as the Executive general circulation as defined by Government Code Section Director or Port Attorney may determine necessary in order to protect the interests of the Port. 6000 adjucated as such by the Superior Court of the State of Section 2. This ordinance is not evidence of an does not create or constitute (a) a contract California, County of Alameda (Order Nos. 237798, December 4, or the grant . of any right, entitlement or properly interest or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and autho- 1951) which is published and circulated in Oakland Township in said rizes the execution of said agreement and easements in accordance with the terms of this ordi- county and state seven days a week. nance. Unless and until a separate written agreement and easements are duly executed on behalf of the Board as authorized by this ordinance, are signed as approved as to form and le- That the gality by the Port Attorney and are delivered to PGE, there shall be no valid or effective agreement or easements. Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption.

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Samantha Allen-Wise Public Notice Advertising Clerk JUNE 2, 2000 The Oakland Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 .‘q al Advertising 208-6340

Legal No. 1815986

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

Port Ordinance No. 3583

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Samantha Allen-Wise Public Notice Advertising Clerk JUNE 2, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3582

AN ORDINANCE AMENDING PORT ORDINANCE NO. 2832, BEING "AN ORDINANCE ESTABLISHING STANDARDS AND RESTRICTIONS REGULATING THE USE OF LAND AND THE DESIGN AND CONSTRUCTION OF STRUCTURES AND OTHER IMPROVEMENTS IN THE OAKLAND AIRPORT BUSINESS PARK, AND REPEALING PORT ORDINANCE NO. 1343, AS AMENDED."

WHEREAS the Board of Port Commissioners of the City of Oakland on January 17, 1966, adopted Port Ordinance No. 1343, establishing standards and restrictions regulating the use of land and the design and construction of structures and other improvements in the Port of Oakland Industrial park; and

WHEREAS in accordance with Section 3 of Port Ordinance No. 1343 this Board from time-to-time has amended Port Ordinance No. 1343, including amendment by Port Ordinance No. 1829 and amendment by Port Ordinance No. 1959 which changed the name "Port of Oakland Industrial Park" to "Oakland Airport Business Park"; and

WHEREAS the Board adopted Port Ordinance No. 2832 which repealed Port Ordinance No. 1343, as amended, and which established new standards and restrictions regulating the use of land and the design and construction of structures and other improvements in the Oakland Airport Business Park, said Port Ordinance No. 2832 being recorded May 10, 1990, as document No. 90130204 in the official Records of Alameda County; and

WHEREAS there is pending before the Board and the City Council a proposal to transfer control and jurisdiction of an approximately 7.8-acre portion of the Oakland Airport Business Park from the Board to the City Council, said portion herein designated as the Equitec Parcel, and a result of said transfer of control and jurisdiction when completed is that Port Ordinance No. 2832 will no longer apply to the Equitec Parcel; and

1 27921 WHEREAS in accordance with Section 3 of Port Ordinance No. 2832, this Board has initiated action to amend the standards and restrictions contained in Port Ordinance No. 2832, to delete the Equitec Parcel from the Oakland Airport Business Park; now, therefore

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. Section 1 of Port Ordinance No. 2832 shall be amended to read as follows:

"Section 1. DESIGNATION OF THE OAKLAND AIRPORT BUSINESS PARK

"For the purposes of this ordinance, the Oakland Airport Business Park, hereinafter referred to as the Business Park, is hereby designated as being all that property located in the Port Area of the City of Oakland, County of Alameda, State of California, bounded by the Nimitz Freeway on the northeast, Hegenberger Road on the southeast, Doolittle Drive on the south and the south bank of East Creek Slough, if extended to the Oakland-Alameda line, and the Oakland-Alameda line on the north and west, excluding therefrom, however, (i) Parcel 1 of that certain real property over which the Board of Port Commissioners relinquished control and jurisdiction by the adoption of Port Ordinance No. 1235 on August 5, 1963, (ii) Parcel A and Parcel C over which the Board of Port Commissioners relinquished and transferred control and jurisdiction to the City Council by the adoption of Port Ordinance No. 3146, and (iii) the Equitec Parcel over which the Board of Port Commissioners relinquished and transferred control and jurisdiction to the City Council by the adoption of Port Ordinance No. 3581."

2 27921 Section 5. Section 1 of this ordinance shall be effective only if the Boards relinquishment of control and jurisdiction over the Equitec Parcel referred to in Section 1 hereof becomes final and effective in accordance with Port Ordinance No. 3581. The Port Attorney is hereby authorized to record a copy of this ordinance when Section 1 of this ordinance becomes effective. Recordation of this ordinance by the Port Attorney shall conclusively establish that Section 1 of this ordinance is effective.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held June 6, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami, Uribe and Vice President Neal - 6

Noes: None

Absent: President Loh - 1

President.

Attest Secretary. Approved as to forii rid legality/

Port Attorney-

3 27921 COPY The 0a..•and Tribune c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Le gal Advertising 208-6340

Legal No. 1815985

PUBLIC NOTICE PUBLIC NOTICE PROOF OF PUBLICATION PORT ORDINANCE NO. 3582 AN ORDINANCE AMENDING PORT ORDINANCE NO. 2832, BEING"AN ORDINANCE ESTABLISHING STANDARDS AND RESTRICTIONS REGULATING THE USE OF LAND AND THE DESIGN AND CONSTRUCTION OF STRUCTURES AND OTHER AND OTHER IMPROVEMENTS IN THE OAKLAND AIRPORT BUSINESS PARK, AND REPEALING PORT ORDINANCE NO. 1343, AS AMENDED. In the matter of WHEREAS the Board of Port Commissioners of the City of Oakland on January 17, 1966, adopted Port Ordinance No. 1343, establishing standards and restrictions regulating the use of land and the design and construction of structures and other improvements in the Port of Oakland Industrial part ; and WHEREAS in accordance with Section 3 of Port Ordinance No. 1343 this Board from time- to-time has amended Port Ordinance No, 1343, including amendment by Port Ordinance No. 1829 and amendment by Port Ordinance No. 1959 which changed the name "Port of Oakland Industrial Park" to "Oakland Airport Business Park"; and Port of Oakland WHEREAS the Board adopted Port Ordinance No. 2832 which repealed Port Ordinance No. 1343, as amended, and which established new standards and restrictions regulating_ the use of land and the design and construction of structures and other improvements in thelOak- land Airport Business Park, said Port Ordinance No. 2832 being recorded May 10, 1980, as document No. 90130204 in the official Records of Alameda County; and WHEREAS there is pending before the Board and the City Council a proposal to transfer control and jurisdiction of an approximately 7.8-acre portion of the Oakland Airport Business Park from the Board to the City Council, said portion herein designated as the E quitec Parcel, and a result of said transfer of control and jurisdiction when completed is that Port Ordinance The undersigned below, deposes and says that he/she was the public No. 2832 will no longer apply to the Equitec Parcel; and Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of WHEREAS in accordance with Section 3 or Port Ordinance NO. 2832, this Board has Miff- ed action to amend the standards and restrictions contained in Port Ordinance No. 2832, to general circulation as defined by Government Code Section _,elete the Equitec Parcel from the Oakland Airport Business Park; now, therefore 6000 adjucated as such by the Superior Court of the State of California, BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as County of Alameda (Order Nos. 237798, December 4, 1951) which is follows: published and circulated in Oakland Township in said county and state Section 1. Section 1 of Port Ordinance No. 2832 shall be amended to read as follows: seven days a week. -Section 1. DESIGNATION OF THE OAKLAND AIRPORT BUSINESS PARK That the For the purposes of this ordinance, the Oakland Airport Business Park, herein after referred to as the Business Park, is hereby designated as being all that property located in the Port Area •of the City of Oakland, County of Alameda, State of California, bonded by the Nimitz Freeway on the north-east, Hegenberger Road on southeast, Doolittle Drive on the south and the south bank of East Creek Slough, if extended to the Oakland-Alameda line, and the Oakland-Alameda line on the north and west, excluding there from, however, (i)Parcel 1 of that certain real property over which the Board of Port Commissioners relinquished control and jurisdiction by the adoption of Port Ordinance No. 1235 on August 5, Port Ordinance No.3582 1963, (ii) Parcel A and Parcel C over which the Board of Port Commissioners relinquished and transferred control and turisdiction to the City Council by the adoption of Port Ordi- nance No. 3146, and (iii) the Equitec Parcel over which the Board of Port Commissioners relinquished and transferred control and jurisdiction to the City Council by the adoption of Port Ordinance No. 3581." Section 5, Section 1 of this ordinance shall be effective only if the Boards relinquishment of control and jurisdiction over the Equitec Parcel referred to in Section 1 hereof becomes final and effective in accordance with Port Ordinance No. 3581. The Port Attorney is hereby authorized to record a copy of that ordinance when Section 1 of this ordinance becomes effective. of which the annexed is a printed copy, was published in every issue of Recordation of this ordinance by the Port Attorney shall conclusively establish that Section 1 of this ordinance is effective. the OAKLAND TRIBUNE, on the following dates: In Board of Port Commissioners, Oakland, California, May 25. 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Protopappas, Tagami, Uribe and Vice President Neal - 5. Noes: None, Absent: Commissioner Kramer and President Loh - 2. Christopher C. Marshall Secretary to the Board JUNE 2, 2000 The Oakland Tribune, #1815985 June 2, 2000

I certify or declare) under the penalty of perjury that the foregoing is true and orrect.

Sathantha Allen-Wise Public Notice Advertising Clerk JUNE 2, 2000 COPY The Oa►.dand Tribune c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising 208-6340

Legal No. 1815985

PROOF OF PUBLICATION

In the matter of

Port of Oakland

Port Ordinance No.3582

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify-(,or declare) under the penalty of perjury that the foregoing is true ind orrect.

Pkblic Notice Advertising Clerk JUNE 2, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3581

AN ORDINANCE RELINQUISHING AND TRANSFERRING TO THE CITY COUNCIL CONTROL OF A PORTION OF THE PORT AREA.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The land referred to in this ordinance as "the Equitec Parcel" is a portion of the "Port Area" of the City of Oakland and is particularly described as follows, to wit:

All that real property within the City of Oakland, County of Alameda, State of California, being a portion of Lot 13, Parcel Map No. 6003, filed in Book 205 of Maps at Pages 94-98, on June 2, 1993, Alameda County Records, more particularly described as follows:

Commencing at an Oakland city monument at the intersection of Edgewater Drive and Hassler Way, identified as "26NE5", said monument bearing North 33°5024" West 1891.53 feet from an Oakland city monument intersection of Edgewater Drive and Roland Way, identified as "26NE7", both monuments as shown on said Parcel Map; thence along said monument line South 33°5024" East 304.98 feet; thence North 56°0936" East 39.00 feet to a point on the northeasterly line Edgewater Drive as shown on said Parcel Map, said point being the southerly corner of Parcel 3 as described in Grant Deed to Erlbaum-DeMartini Partnership filed as Series No. 88-284477 on November 8, 1988, Official Records Alameda County and the TRUE POINT OF BEGINNING;

1 27918 thence along the southeasterly line of said Parcel 3 and Parcel 2, as described in the same document (88-284477) North 56°0936" East 566.01 to the beginning of a non-tangent curve concave to the southwest having the radius of 273.21 feet, to which point a radial line bears North 74°3106" East; thence north-westerly 119.26 feet along said curve and along the northeasterly line of said Parcel 2 and Parcel 1, as described in the same document (88-284477) through a central angle of 18°2130"; thence along the northeasterly line of said Parcel 1 North 33°5024" West 157.75 feet to a point on the southeasterly line of Hassler Way; thence along said southeasterly line North 56°0936" East 20.00 feet to the most westerly corner of that parcel of land described in Grant Deed to Oakland Executive Group filed as Series No. 94-336709, recorded October 18, 1994, Official Records Alameda County; thence along the southwesterly line of said parcel South 33°5024" East 828.00 feet to a point on the northwesterly plan line of Elmhurst channel as shown on said Parcel Map; thence along said plan line South 56°0936" West 604.96 feet to a point on said northeasterly line of Edgewater Drive; thence along said northeasterly line North 33°5024" West 553.02 feet to the TRUE POINT OF BEGINNING.

Containing an area of 7.82 acres, more or less.

Section 2. The Board of Port Commissioners of the City of Oakland ("Board") hereby finds and determines, subject to satisfaction of the conditions in Section 4 of this ordinance, as follows:

(a) That the Equitec Parcel, owned by the City of Oakland and within the jurisdiction of the Board, has become unnecessary for port purposes or harbor development;

2 27918 (b) That pursuant to Section 7.04 of Resolution No. 10378, as amended from time-to-time, the Equitec Parcel is not essential to the operation of the Port and that said Parcel is not necessary to the maintenance of the Ports Revenues (as defined in said Resolution; and

(c) That the proposed relinquishment and transfer of control and jurisdiction of the Equitec Parcel complies with the provisions of Section 5.13(b) of the Master Trust Indenture, dated as of April 1, 1989, as amended, between the Port and Bank of America National Trust and Savings Association, as successor Trustee (the "Indenture"), and does not, together with other transfers referred to therein, constitute a Significant Portion (as defined in the Indenture).

Section 3. Based upon the findings and determinations made in Section 2, and subject to the effectiveness of this Ordinance in accordance with Sections 4 and 5, the Board hereby relinquishes and transfers to the City Council control and jurisdiction of the Equitec Parcel.

Section 4. Each of the findings and determinations in Section 2, and the effectiveness of this ordinance, is subject to satisfaction by July 11, 2000 (or such later date as may be determined appropriate in writing by both the Ports Executive Director and Port Attorney), of each of the conditions in subsections (a) (b) and (c) of this Section 4. The execution and delivery by the Ports Executive Director on behalf of the Board, and the execution, acceptance and recordation by the City Manager on behalf of the Council, of a Board quitclaim deed for the Equitec Parcel to the Council, shall conclusively establish that the conditions in subsections (a), (b) and (c) of this Section 4 have been satisfied.

(a) An ordinance of the City Council shall be effective (or shall be effective subject only to this ordinance becoming effective) adding to the Port Area the approximately 4.2-acre portion of the former Fleet and Industrial Supply Center, Oakland ("FISCO"), which portion of FISCO (sometimes referred to as "MSC-PAC") was conveyed by the Navy to the Port by Quitclaim Deed recorded June 15, 1999, and is presently located outside the Port Area. The Board hereby requests and recommends to the City Council that it enact an appropriate ordinance altering the Port Area by excluding therefrom the Equitec Parcel and approving the Boards relinquishment to the Council of control and jurisdiction of the Equitec Parcel, pursuant to and in accordance with the provisions of this ordinance enacted by the Board.

3 27918 (b) The Board shall have entered into an Agreement of Sublease with the Oakland Base Reuse Authority ("OBRA"), on terms mutually-acceptable to OBRA and the Board, whereby OBRA subleases to the Board approximately 127 acres of the westerly portion of Oakland Army Base which OBRA in turn has leased from the Army.

(c) The Board and the City Council shall have duly executed a mutually-acceptable and written agreement between them which provides that the Council accepts the Equitec Parcel in its "as is" "where is" condition, without any obligation by the Port for any environmental remediation, and without any warranty or responsibility by the Board to the Council or any other party as to the condition thereof, it being specifically understood and agreed that as between the Board and Council, the Council shall be responsible for all costs, expenses, obligations and liabilities for any environmental remediation or other condition of the Equitec Parcel.

Section 5. This ordinance shall take effect the later of (a) the date that all of the conditions in Section 4 have been satisfied and (b) thirty (30) days from and after its final adoption. The Boards relinquishment of control and jurisdiction over the Equitec Parcel shall not become final or be effective unless and until all of the conditions in Section 4 have been satisfied.

Christopher C. Marshall Secretary to the Board Adopted at a regular meeting held June 6, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami, Uribe and Vice President Neal - 6 Noes: None

Absent: President Loh - 1

President.

Attest Secretary. Ap oved as a nd legality :

Port Attorney

4 27918 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3580 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF LEASE WITH PACIFIC BELL WIRELESS LLP.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a Lease between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and PACIFIC BELL WIRELESS LLP, ("PBW"), of up to approximately 10 square feet of ceiling space located in Terminal II, Oakland International Airport, Oakland, California, to be used by Lessee as an additional cell site for telephone and radio coverage, and other purposes incidental and reasonably related thereto for a term of 5 years, with an option in Lessee to extend the term by 5 years, at an initial monthly rent of $3,000.00, said rate to be increased annually based upon the increase in the Consumer Price Index, but in an amount not less than 3.5% and otherwise upon the terms and conditions set forth in Board Agenda Sheet Item No. 2S, dated May 25, 2000, as subsequently may be revised pursuant to resolution or ordinance adopted by this Board, and upon such standard terms and conditions as specified in the Lease and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to execute said Lease.

27769 Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held June 6, 2000 By the following Vote: Ayes: Commissioners Kiang, Kramer, Protopappas, Tagami, Uribe and Vice President Neal - 6

Noes: None

Absent: President Loh - 1

Appied asP and legality : COPY The Oa►_And Tribune c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Le g al Advertising )208-6340

Legal No. 1815983

PROOF OF PUBLICATION

In the matter of

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3580 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF LEASE WITH PACIFIC BELL WIRELESS LLP. Port of Oakland BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows Section 1. The Board of Port Commissioners ("Board") hereby approves a Lease between the City of Oakland, a municipal corporation, acting by. and through the Board, and the PA- CIFIC BELL WIRELESS LLP, ("PBW"), of up to approximately 10 square feet of ceiling space located in Terminal H, Oakland International Airport, Oakland, California, to be used by Lessee as an additional cell site, for telephone and radio coverage, and other purposes incidental and reasonably related thereto for a term of 5 years, with an option in Lessee to extend the term by 5 years, at an initial monthly rent of $3,000.00, said rate to be increased annually based upon the increase in the Consumer Price Index, but in an amount not less than 3.5% and otherwise upon the terms and conditions set forth in Board Agenda Sheet Item No. 2S, dated May v2e5. The undersigned below, deposes and says that he/she was the public 2000, as subsequently may be revised pursuant to resolution or ordinance adopted by this Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Board, and upon such standard terms and conditions as specified in the Lease and approved 1y the Executive Director. general circulation as defined by Government Code Section 6000 adjucated as such by the Superior Court of the State of California, Section 2. The Executive Director is hereby authorized to execute said Lease. County of Alameda (Order Nos. 237798, December 4, 1951) which is Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li- published and circulated in Oakland Township in said county and state ability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Lease in accordance with the terms of this ordi- seven days a week. nance. Unless and until a separate written Lease is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port At- That the torney, and is delivered to Lessee, there shall be no valid or effective Lease. Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oakland, California May 25, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Protopappas, Tagami, Uribe and Vice President Neal - 5. Noes; None. Absent: Commissioner Kramer and President Loh - 2. Christopher C. Marshall Port Ordinance No. 3580 Secretary to the Board The Oakland Tribune, #1815983 June 2, 2000

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct. 4

Samantha Allen-Wise Public Notice Advertising Clerk JUNE 2,2000 The Oa►and Tribune COPY c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Lena Advertising 208-6340

Legal No. 1815983

PROOF OF PUBLICATION

In the matter of

Port of Oakland

Port Ordinance No. 3580

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

JUNE 2, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and .correct.

Samantha Allen-Wise Public Notice Advertising Clerk JUNE 2, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3579

AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH VIJAY PATEL, FOR THE PORT OF OAKLANDS SALE OF AN APPROXIMATELY 2.6 ACRE PARCEL OF LAND LOCATED AT HEGENBERGER AND PARDEE ROADS.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The land referred to in this ordinance as the "Property" is owned by the City of Oakland, is located within the "Port Area" of the City of Oakland and consists of approximately 2.6 acres of land located at Hegenberger and Pardee Roads.

Section 2. The Board hereby finds and determines as follows:

(a) That the Property has become unnecessary for port purposes or harbor development; and

Section 3. Based upon the findings and determinations made in Section 2 hereof, the Board hereby approves and authorizes the Executive Director to execute a Purchase and Sale Agreement between the Port and VIJAY PATEL, ("Buyer") (the "Agreement") for the sale of the Property at a purchase price of $1,700,000, and as otherwise described in Agenda Sheet Item No. 50, dated May 2, 2000.

27551 Section 4. The Executive Director is authorized to execute and deliver a Grant Deed conveying the Property to Buyer and such other documents as shall be required to carry out the intent of this ordinance, provided that such documents are approved as to form and legality by the Port Attorney.

Section 7. This ordinance shall take effect 30 days from and after its final adoption. In Board of Port Commissioners, Oakland, California, May 2, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7. Noes: None. Absent: None

Christopher C. Marshall, Secretary to the Board Adopted at a regular meeting held September 5, 2000 By the following Vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3578

AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF TERMINAL USE AGREEMENT WITH CHINA SHIPPING CONTAINER LINES.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commissioners ("Board") hereby approves a Terminal Use Agreement between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and CHINA SHIPPING CONTAINER LINES, as User, covering Users nonexclusive right to use areas within the Ports Ben E. Nutter Container Terminal as the published regularly scheduled Northern California port of call for the berthing of Users vessels and the loading and discharge of cargoes and operations supplemental thereto, for a term commencing the first day of the calendar month following the later of the effectiveness of said Agreement pursuant to Sections 5 and 6 of the Shipping Act of 1984 and the effective date of this ordinance and expiring not more than 13 months after Users first vessel call at said Terminal, with one option in favor of User to extend the term by two years, with User to pay to the Port, in lieu of tariff dockage, 80% of the then- prevailing dockage rate (subject to a minimum number of vessel calls for the first contract year of 42, and for the second and third contract years of 48, and provided that for the first contract year User shall not be required to pay dockage for more than 42 vessel calls) and in lieu of tariff wharfage charges, a single fixed rate per loaded Twenty-Foot Equivalent Unit container (TEU), of (a) $58.00 for TEUs handled at the Terminal during the first contract year, (b) $65.00 for TEUs handled at the Terminal during the second contract year, (c) $70.00 for TEUs handled at the Terminal during the third contract year (provided that said rate shall be increased at the same time and by the same percentage that Port tariff wharfage rates are increased), with User guaranteeing to the Port a minimum of 12,000 loaded TEUs during the first contract year, 17,000 loaded TEUs during the second contract year and 20,000 loaded TEUs during the third contract year, but subject to a 5% discount from the rate(s) in effect for the first contract year if loaded TEUs equal or exceed 15,000, a 10% discount from the rate(s) in effect for the second contract year if loaded TEUs equal or exceed 17,000, a 10%, 15% and 20% discount from the rate(s) in effect for the third contract year if loaded TEUs equal or exceed, respectively, 22,500, 30,000 and 35,000, and otherwise upon the terms and conditions specified

1 27217 in the Boards Agenda Sheet Item No. 25 dated April 18, 2000, and such standard terms and conditions as specified in the Agreement and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Agreement.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, or any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to User, there shall be no valid or effective Agreement or other obligation or liability on the part of the Board.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, April 18, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Tagami, Uribe and President Loh - 6. Noes: None. Absent: Protopappas - 1

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held May 2, 2000 By the following Vote: Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None

President.

Attest Secretary. Approved as to foray( and legality :

Port Attorney

2 27217 ORIGINAL The- ‘,)aklanh Tribunv ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 178088

PROOF OF PUBLICATION PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3578 AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF TERMINAL USE AGREEMENT WITH CHINA SHIPPING CONTAINER LINES. In the matter of: BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commissioners ("Board") hereby approves a Terminal Use - Agreement between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and CHINA SHIPPING CONTAINER LINES, as User, covering Users nonexclusive right to use areas within the Ports Ben E. Nutter Container Terminal as the published regularly scheduled Northern California port of call for the berthing of Users vessels and the loading and discharge of cargoes and operations supplemental thereto, for a term commencing the first day of the calendar month following the later of the effectiveness of said Port of Oakland Agreement pursuant to Sections 5 and 6 of the Shipping Act of 1984 and the effective date of , this ordinance and expiring not more than 13 months alter Users first vessel call at said Ter- minal, with one option in favor of User to extend the term by two years, with User to pay to the Port, in lieu of tariff dockage, 80% of the then-prevailing dockage rate (subject to a minimum number of vessel calls for the first contract year of 42, and for the second and third contract years of 48, and provided that for the first contract year User shall not be required to pay dockage for more than 42 vessel calls) and in lieu of tariff wharfage charges, a single fixed rate per loaded Twenty-Foot Equivalent Unit container (TEU), of (a) $58.00 for TEUs handled at the Terminal during the first contract year, g $65.00 for 1TU5 handled at the Terminal during the second contract year, (c) $70.00 for TEUs handled at the Terminal during the third contract year (provided that said rate shall be increased at the same time and by the same percentage that Port tariff wharfage rates are increased), with User guaranteeing to the Port a minimum of n00 loaded TEUs during the first contract year, 17,000 loaded TEUs during the second con- The undersigned below, deposes and says that he/she was the public year and 20,000 loaded TEUs during the third contract year, but subject to a 5% discount Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of the rate(s) in effect for the first contract year if loaded TEUs equal or exceed 15,000, a • discount from the rate(s) in effect for the second contract year it loaded TEU5 equal or ex- general circulation as defined by Government Code Section ceed 17,000, a 10%, 15% and 20% discount from the rate(s) in effect for the third contract year 6000 adjucated as such by the Superior Court of the State of California, if loaded TEUs equal or exceed, respectively, 22,500 30,000 and 35,000, and otherwise upon the terms and conditions specified in the Boards Agenda Sheet Item No. 25 dated April 18,, County of Alameda (Order Nos. 237798. December 4, 1951) which is 2000, and such standard terms and conditions as specified in the Agreement and approved by the Executive Director. published and circulated in Oakland Township in said county and state seven days a week. Section 2. The Executive Director is hereby authorized to execute arid the Secretary to attest said Agreement. That the Section 3. This ordinance is.not evidence of and does not create or constitute (a) a contract, agreement, or any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinance, Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, arid is delivered to User, there shall be no valid or effective Agreement or other obligation or liability on the part of the Board. PORT ORDINAN C E No. 3,278 Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oakland, California, April 18. 2000. Passed to print for one day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Tagami, Uribe and Pres- ident Loh - 6, Noes; Absent: Prolopappas - 1 Christopher C. Marshall Secretary to the Board The Oakland Tribune, #1784088 of which the annexed is a printed copy, was published in every issue of April 26, 2000 the OAKLAND TRIBUNE, on the following dates

APRIL 26, 2000

(or declare) under the penalty of penury that the foregoing is I certify true add correct.

Samantha Allen-Wise Public Notice Advertising Clerk APRIL 26, 2000 Tim Oaklanb, Tribunv ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1784088

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

That the

PORT ORDINANCE No. 3,278

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

APRIL 26, 2000

I certify (or declare) under the penalty of perjury that the foregoing is truOrid correct.

Samantha Allen-Wise Public Notice Advertising Clerk APRIL 26, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3577

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF SECOND SUPPLEMENTAL AGREEMENT WITH MAERSK PACIFIC, LTD.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a Second Supplemental Agreement ("Supplemental Agreement") to the Nonexclusive Preferential Assignment Agreement dated April 21, 1998, between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and MAERSK PACIFIC, LTD., as Assignee, for Berth 24, Outer Harbor Area, which Supplemental Agreement provides (1) for incorporation into the Premises of the Berths 20-22 facilities currently occupied by Assignee, under the Lease and Preferential Assignment Agreement dated June 3, 1980, between the Port and Sea-Land Service, Inc. (as amended), as the Port-approved assignee of Sea-Land Service, Inc., and the approximately 1-acre in the vicinity of Berth 10, currently occupied by Assignee under a month-to-month tariff space assignment, (2) for extension of the term of the Agreement from March 31, 2003, to and including December 31, 2004, with one additional option in favor of Assignee to extend the term for 5 years, (3) for CSX Lines to be a primary user until the earlier of January 1, 2005, and the date of expiration of Assignees terminal services agreement with CSX Lines for the Premises, (4) for an increase of the Basic All-Inclusive Throughput Rate per loaded twenty-foot equivalent unit container ("TEU") to $57.98 and for an increase of the Overage All-Inclusive Throughput Rate per loaded TEU to $27.35, (5) that the compensation provisions of the Supplemental Agreement shall be adjusted so that compensation paid to the Port is equivalent to compensation paid had the Supplemental Agreement become effective April 1, 2000, and (6) for such other matters as specified in Agenda Sheet Item No. 23, dated April 18, 2000 ("Agenda Sheet"), or as may be reasonably consistent with the foregoing and approved by the Executive Director.

27145 Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Supplemental Agreement.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Supplemental Agreement in accordance with the terms of this ordinance. Unless and until a separate written Supplemental Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to User, there shall be no valid or effective Supplemental Agreement.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held May 2, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None

President.

Secretary. Approved as to fora- and legality :

27145 ORIGINAL Oaktanb Tribunt do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1784042

PROOF OF PUBLICATION

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3577 In the matter of. AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF SECOND SUPPLEMENTAL AGREEMENT WITH MAERSK PACIFIC, LTD. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commissioners ("Board") hereby approves a Second Supple- mental Agreement ("Supplemental Agreement") to the Nonexclusive Preferential Assignment Agreement dated April 21, 1998, between the CITY OF OAKLAND, a municipal corporation, Port of Oakland acting by and through the Board, and MAERSK PACIFIC, LTD., as Assignee, for Berth 24, Outer Harbor Area. which Supplemental Agreement provides (t) for incorporation into the Pre- mises of the Berths 20-22 facilities currently occupied by Assignee, under the Lease and Pref- erential Assignment Agreement dated June 3, 1980. between the Port and Sea-Land Service, Inc. (as amended), as the Port-approved assignee of Sea-Land Service Inc., and the approximately 1-acre in the vicinity of Berth 10, currently occupied by Assignee under a month-to- month tariff space assignment, (2) for extension of the term of the Agreement from March 31, 2003, to and including December 31 2004, with one additional option in favor of Assignee to extend the term for 5 years, (3) for CSX Lines to be a primary user until the earlier of January 1, 2005, and the date ol expiration of Assignees terminal services egreement with CSX Lines for the Premises, (4) for an increase of the Basic All-Inclusive Throughput Pate per loaded twenty-foot equivalent unit container ("TEU") to $57.98 and for an increase of the Overage M- inot, - -e Throughput Pate per loaded TEU to $27.35, (5) that the compensation provisions of The undersigned below, deposes and says that he/she was the public the temente! Agreement shall be adjusted so that compensation paid to the Port is equiv.- Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of ale .ompensation paid had the Supplemental Agreement become effective April 1, 2000, arm tor such other matters as specified in Agenda Sheet Item No. 23, dated April 18, 2000 general circulation as defined by Government Code Section A enda Sheet"), or as may be reasonably consistent with the foregoing and approved by 6000 adjucated as such by the Superior Court of the State of California, the Executive Director. County of Alameda (Order Nos. 237798, December 4, 1951) which is Section 2. The Executive Director is hereby authorized to execute and the Secretary to Pi test said Supplemental Agreement. published and circulated in Oakland Township in said county and state seven days a week. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contraci, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and That the authorizes the execution of said Supplemental Agreement in accordance with the terms of this ordinance. Unless and until a separate written Supplemental Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and le- " gality by the Port Attorney, and is delivered to User, there shall be no valid or effective Supple- mental Agreement. Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. PORT ORDINANCE No. 377 In Board of Port Commissioners, Oakland, California, April 18, 2000. Passed to print for ci day by the following vote: Ayes: Commissioners Kiang, Kramer, Neal, Tagami, Uribe and Pre- dent Loh - 6, Noes: None. Absent: Protopappas - 1. Christopher C. Marshall Secretary to the Board The Oakland Tribune, #1784042 April 26, 2000 of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dales:

APRIL 26,2000

I certify (or declare) under the penalty of perjury that the foregoing is true OP correct.

`-"Samantha AlleA/Vise FS ublic Notice Advertising Clerk APRIL 26, 2000 ORIGINAL Oaklanb, Tribunt do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1784042

PROOF OF PUBLICATION

In the matter of:

Port of Oakland

That the

PORT ORDINANCE No. 377

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

APRIL 26, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true ar131 correct. BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3576

AN ORDINANCE RESCINDING RESOLUTION NO. 20042 AND AMENDING ORDINANCE NO. 3542 WITH RESPECT TO METROPOLITAN OAKLAND INTERNATIONAL AIRPORT TAXI PERMIT RENEWALS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland ("Board") as follows:

Section 1. The Board hereby rescinds Resolution No. 20042.

Section 2. The "Taxicab Regulations, Metropolitan Oakland International Airport, originally adopted by the Board pursuant to Port Ordinance 3542, on October 5, 1999, and hereby restated in full, are hereby established governing the conduct of taxicab operations at the Metropolitan Oakland International Airport, said Regulations to read and to be numbered respectively as follows:

"Section 1. - DEFINITIONS. Unless specifically defined otherwise herein, or unless a different meaning is apparent from the context, the following terms used in these Regulations shall have the following definitions, whether or not such terms are capitalized:

"Airport" shall mean the Metropolitan Oakland International Airport.

"Airport General Manager" shall mean the Person having immediate charge of the Airport (or his or her designee) and acting under the direction of the Director, or his or her designee.

"Airport Permit" shall mean the Permit for a Taxicab to pick up passengers on Airport property issued by the Port to a Qualified Operator.

"Alternative Fuel Vehicles" shall mean Taxicabs powered by either electricity or compressed natural gas or a combination of both. "Alternative Fuel Vehicles" do not include "hybrid" or "bi-fuel" vehicles powered in whole or in part by petroleum gasoline or vehicles converted from one powered by petroleum gasoline.

29963 "Chief of Police" shall mean the City's Chief of Police or his or her designee acting pursuant to the City Ordinance.

"City" shall mean the City of Oakland, California.

"City Ordinance" shall mean the City's Taxicab Standards Ordinance, Chapter 5.64 of the City's Municipal Code, as amended or such successor ordinance.

"City Taxi Unit" shall mean the unit designated by the Chief of Police for the administration and oversight of the City Ordinance.

"Designated North Field Area" shall mean the area in the North Field designated by the Landside Operations Manager for the loading and departure of Taxicabs serving the North Field.

"Director" shall mean the Director of Aviation employed by the Port, or his or her designee.

"Driver" shall mean a Person possessing a Driver Permit operating a Taxicab for a Qualified Operator.

"Driver Permit" shall mean a driver permit issued by the Chief of Police pursuant to the City Ordinance.

"Hearing Officers" shall mean three (3) individuals designated by the Landside Operations Manager, one of whom may be a police officer employed by the City of Oakland Police Department.

"Holding Lot" shall mean an area designated by the Port where Taxicabs stage prior to moving to the Line and the Starter Booths, or if the Holding Lot is located in the North Field, prior to moving to the Designated North Field Area.

"Landside Operations Manager" shall mean the Person employed by the Port with the primary responsibility to administer the provisions of these Regulations, or his or her designee.

"Line" shall mean the line of Taxicabs exiting a Holding Lot and proceeding along the roadway to the Starter Booths, or if the Holding Lot is located in the North Field, proceeding to the Designated North Field Area.

"North Field" shall mean that portion of the Airport located north of the Terminal Buildings.

"NOV" shall mean a notice of alleged violation by a Permit Holder or a Driver operating for a Permit Holder of any provision of these Regulations.

29963 -2- "Permit Holder" shall mean a Qualified Operator to which one or more Airport Permits have been issued.

"Person" shall mean any individual or any corporation, partnership, joint venture, or other legal or business entity.

"Port" shall mean the Board of Port Commissioners of the City of Oakland, California.

"Qualified Operator" shall mean a Person to whom the City has issued a Vehicle Permit and who actually is in possession of the Vehicle Permit issued.

"Receipt" shall mean a card in the form specified by Port to be furnished by the Driver upon demand by any passenger after payment of the fare. The receipt shall state the name of the Driver, the name of the Permit Holder, the amount of the fare, the amount paid by the passenger, the tip amount, and the date and time of the transaction.

"Regulations" shall mean these Taxicab Regulations, Metropolitan Oakland International Airport.

"Risk Manager" shall mean the Person designated by the Port to exercise the Port's rights under Section 3 below, or his or her designee.

"Starter" shall mean the Person employed by or at the direction of the Port to direct Taxicabs to exit a Holding Lot and to proceed to the Starter Booth or to the Designated North Field Area, and to collect Vouchers.

"Starter Booth" shall mean the location or locations at the Airport designated for the loading and departure of Taxicabs serving the Terminal Buildings.

"Taxicab" shall mean a passenger vehicle designed for carrying not more than eight (8) Persons, excluding the Driver, used to carry passengers for a fee or fare, including fare charged on a per mile or a waiting time basis or both. "Taxicab" does not include ambulances vans or limousines (which are subject to other rules and regulations of the Port).

"Taximeter" shall have the meaning set forth in the City Ordinance.

"Terminal Buildings" shall mean all buildings and structures located within the Airport and open to the public for the purpose of flight ticket purchase, public lobby waiting, baggage check-in and those other services related to public passenger air travel.

"Vehicle Permit" shall mean a vehicle permit issued by the Chief of Police pursuant to the City Ordinance.

"Voucher" shall mean a card in the form specified by Port and issued to the Qualified Operator upon payment in advance of the required trip fee.

29963 -3- "Working Day" shall mean a day on which a Taxicab for which an Airport Permit has been issued is authorized to pick up passengers by the Landside Operations Manager. Until otherwise determined by the Landside Operations Manager, Taxicabs having even numbered Airport Permits are authorized to pick up passengers at the Airport on dates of the month of an even number and Taxicabs having odd numbered Airport Permits are authorized to pick up passengers at the Airport on dates of the month of an odd number.

Section 2. PERMITTING.

A. Permit Required. Only Drivers employed by a Qualified Operator operating a Taxicab with an Airport Permit issued by the Port in accordance with these Regulations may pick up passenger(s) within the Airport for transportation in a Taxicab in accordance with these Regulations. The Airport Permit shall at all times remain the property of the Port and is subject to suspension or cancellation by the Port in accordance with the provisions of these Regulations. Any driver operating a Taxicab may drop off passengers at the Airport in the manner and at the places permitted by Airport regulations and ordinance without an Airport Permit.

B. Application For Permits And Renewals. Each Qualified Operator desiring to operate one or more Taxicabs at the Airport shall obtain an Airport Permit for each Taxicab the Qualified Operator desires to operate. Each such Qualified Operator shall, during a period designated by the Landside Operations Manager in the prior calendar year, and with respect to each Airport Permit the Qualified Operator desires, complete an application form provided by the Port's Landside Operations Office, pay the application fee set forth below.

1. Fee. With its application for the Airport Permit, the Qualified Operator shall pay a non-refundable application fee to the Port of $300.00 for each Permit the Qualified Operator desires.

2. Qualified Operator's Identity.

(i) The full name, business address, telephone number and contact person for the Qualified Operator; and

(ii) If the Person is a Qualified Operator by virtue of a lease of a City Vehicle Permit, a copy of the executed lease agreement for the Vehicle Permit.

3. Driver Identity. For each Driver the Qualified Operator desires to operate the Taxicab for which the application is made (not to exceed three Drivers):

(i) Name and Address. The full name, address, and telephone number of the Driver;

(ii) California Drivers License. A copy of the Driver's license issued by the State of California, which must not be suspended or revoked; and

29963 -4- (iii) Driver Permit. A copy of the Driver Permit, which must not he suspended or revoked.

4. Vehicle Information. For the Taxicab, the following information:

(i) Vehicle Registration, License Plate and Vehicle Identification Number. A copy of the current State of California vehicle registration, the license plate number and the vehicle identification number;

(ii) Vehicle Description. The make, model or type, year of manufacture and passenger-seating capacity of the Taxicab;

(iii) Taximeter. A valid inspection certificate issued by the County of Alameda, Division of Weights and Measures which certificate shall state the name and model number of the Taximeter and the Taxicab number for which it is assigned;

(iv) Inspection Certificate. A valid vehicle inspection certificate from the City Taxi Unit; and

(v) Vehicle Permit. The Vehicle Permit issued by the City, which must not be suspended or revoked.

5. Insurance. Evidence of insurance verifying the insurance coverage required by Section 3 below.

6. Certification. Certification of the following:

(i) Truth of Information. That all statements of the Qualified Operator are true and complete, and an acknowledgment that an Airport Permit will not be issued, or an issued Airport Permit may be revoked, if the application contains any falsification or material omission; (ii) Payment of Fees. That the Qualified Operator understands it shall pay the fees that are assessed by the Port; and

(iii) Regulations. That the Qualified Operator has read these Regulations.

C. Issuance Of Airport Permit.

(1) No later than November 15 of each calendar year, a Permit Holder holding a valid Airport Permit shall notify the Landside Operations Manager whether or not it intends to renew the Airport Permit. If the Permit Holder intends to renew the Airport Permit, together with the notice of intent to renew, the Permit Holder shall (i) submit a complete updated application to the Port as provided in Section 2.B., updating all information

29963 -5- required in the application and (ii) pass a vehicle inspection on the taxicab for which the Airport Permit was issued pursuant to Section 5.E.

(a) On or after November 15 of each calendar year, the Landside Operations Manager shall send an. NOV (as defined in Section 9 below) to each Permit Holder who has failed to provide the required notice or failed to submit a complete updated application and pass the vehicle inspection. In addition to meeting the requirements of Section 9 below, the NOV shall (i) provide a deadline by which all failures must be cured and (ii) warn that failure to comply may result in the non-renewal of the Airport Permit. If the Permit Holder requests a hearing pursuant to Section 9.C., the deadline for compliance shall be extended until the fifth business day following the date of the hearing if the Hearing Officer determines that Permit Holder committed the violation.

(b) Failure to meet the dealine for compliance arising out of the NOV will result in the issuance of a second NOV. In addition to meeting the requirements of Section 9 below, the second NOV shall (i) provide a deadline by which all failures must be cured, and (ii) warn that failure to comply will result in the non-renewal of the Airport Permit. If the Permit Holder requests a hearing pursuant to Section 9.C., the deadline for compliance shall be extended to the fifth business day following the date of the hearing if the Hearing Officers determine the Permit Holder committed the violation.

(c) Failure to meet the deadline for compliance arising out of the cpennri T\T(IV chaff recult in the an/Icicle nneratinnc Manacrerc reffical to renew the Permit Holder's Airport Permit.

(d) If any Airport Permit renewal is subject to the procedures set forth in this Section 2.C(1) and the procedures extend into the calendar year for which the renewal is pending, the existing Airport Permit shall be deemed to be extended until the earlier of (i) the Permit Holder's declaration of intent not to renew, or (ii) 11:59 p.m. on the date of the deadline for compliance arising out of the second NOV.

The Landside Operations Manager shall, at his or her reasonable discretion and subject to the provisions of these Regulations, renew for the next calendar year those Airport Permits of each Permit Holder who have fulfilled the requirements of this paragraph to the satisfaction of the Landside Operations Manager or who the Hearing Officer determines did not commit the violation set forth in an NOV issued pursuant to this Section 2.C(1) and either Section 8.A(1)(b) or Section 8.A(1)(c).

(2) No more than 92 Airport Permits shall be issued in any one calendar year. However, the Landside Operations Manager may increase the number of Airport Permits authorized to be issued under these Regulations from time to time as the Landside Operations Manager determines is appropriate based on the Airport's operational needs.

29963 -6- (3) If, for any calendar year, there are more Airport Permits available than renewed by existing Permit Holders, the Landside Operations Manager shall conduct a lottery for any remaining Airport Permits. The Landside Operations Manager shall select among all Qualified Operators by lottery, those Qualified Operators to be invited to apply for the remaining Airport Permit(s). The Landside Operators Manager shall notify those Qualified Operator(s) selected by telephone and by mail. The selected Qualified Operator(s) shall have five business days from the date of either the telephonic or the mail notification, whichever is earlier, to submit a completed application along with the application fee. If a selected Qualified Operator shall fail to submit a completed application and fee within such five business days, the Landside Operations Manager shall select by lottery another Qualified Operator from among all Qualified Operators, excluding the previously selected Qualified Operator who failed to submit a completed application and fee. This process shall be repeated until all available permits have been issued or all demand has been satisfied.

(4) For purposes of this Section 2.C, an application shall be considered complete with respect to a Taxicab operated by the Qualified Operator only if the Landside Operations Manager determines that (i) the Taxicab meets the requirements of these Regulations (including passing a vehicle inspection if the Landside Operations Manager determines it is appropriate); (ii) all Drivers named in the application hold valid California driver's licenses and Driver Permits; (iii) the Qualified Operator submitting that application has otherwise met all of the requirements of these Regulations, has not had the Airport Permit that the Permit Holder is applying to renew cancelled, does not owe any money to the Port, and is in good standing under the City Ordinance; and (iv) that the application contains no omissions, untrue statements or fraudulent documentation.

(5) If one or more Airport Permits of a Permit Holder are cancelled by the Port or surrendered by the Permit Holder (the "Previous Permit Holder") during a calendar year, the Port shall select a replacement Permit Holder by a lottery among all Qualified Operators other than the Previous Permit Holder or any owner, officer, director, shareholder or partner of such Previous Permit Holder at a time determined by the Landside Operations Manager. The Airport Permit issued to the replacement Permit Holder shall be effective for the remainder of the calendar year in the same manner as provided in Section 2.C.

(6) Any Permit Holder who possesses a Vehicle Permit through a lease of such Vehicle Permit from another Person before and as of January 1, 2000 shall be deemed a Qualified Operator and may renew its Airport Permit pursuant to Section 2.C(1), provided that such Permit Holder shall have submitted to the Landside Operations Manager a true and verified copy of the lease, containing the name of the owner of the Vehicle Permit and the effective and expiration dates of the lease.

D. Term. The term of an Airport Permit issued to a Qualified Operator shall be for a period from January 1, or if the Airport Permit is issued later, from the date the Qualified Operator becomes the holder of an Airport Permit, until December 31 of that calendar year.

29963 -7- E. Replacement Vehicle. An Airport Permit only authorizes the Permit Holder to operate the Taxicab identified and described in the Permit Holder's application at the Airport. Any replacement of said Taxicab shall require prior authorization of the Landside Operations Manager, which authorization shall not be unreasonably withheld, provided that any replacement Taxicab shall be of like kind, quality and condition as the permitted Taxicab for which a Vehicle Permit has been issued and remains valid and the Permit Holder submits the information required by Section 2.B(4) at least five days prior to the proposed replacement.

F. Replacement Drivers. An Airport Permit only authorizes the Driver(s) identified and described in the Permit Holder's application to operate the Taxicab for which the Airport Permit was issued. Any replacement of the Driver(s) shall require prior authorization of the Landside Operations Manager, which authorization shall not be unreasonably withheld, provided that, with respect to any substituted Driver, the Permit Holder submits the information required by Section 2.B(3) and least five days prior to the proposed replacement.

G. No Automatic Renewal of Permits. Airport Permits will not be automatically renewed. The holder of an Airport Permit must renew each year for an Airport Permit pursuant to Section 2.0 above.

H. Airport Permit Non-Transferable. No Airport Permit may be transferred, assigned, loaned, or sold to any Person; provided, however, that an Airport Permit may be permanently transferred to another Qualified Operator with the prior written rnment of the T andcide Oneratinnc Manager whirh rnncent dial] he rnnclitinned unnn (i) the Qualified Operator to whom the Airport Permit is to be transferred submitting an application for Airport Permit pursuant to Section 2.B above, (ii) the Landside Operations Manager determining that such application was complete as provided in Section 2.C(4) above, and (iii) the Landside Operations Manager determining that the proposed transfer will be a permanent, irrevocable transfer. No Airport Permit may be used by any Person other than the Qualified Operator to whom the Airport Permit was originally issued pursuant to Section 2.0 above or transferred pursuant to this Section.

I. No Liability to Qualified Operator. The Port and its employees shall have no liability to any Qualified Operator, Permit Holder or Driver for any loss or damage to the Qualified Operator's, Permit Holder's or Driver's business arising out of the exercise by Port of any of its rights or the exercise by the Port's employees of any of their authority under these Regulations.

Section 3. INSURANCE.

A. Insurance Requirement. Each Permit Holder shall obtain and maintain or cause to be obtained and maintained insurance coverage, insuring against specific and general liabilities as described in this Section arising from the operation of a Taxicab by the Permit Holder or its Drivers.

29963 -8- B. Evidence of Insurance. Prior to issuance of an Airport Permit to a Qualified Operator, the Qualified Operator shall provide evidence of all required insurance to the Risk Manager either by production of the actual insurance policy(ies), by use of the Port's own endorsement form(s), by broker's letter acceptable to the Risk Manager in both form and content in the case of foreign insurance syndicates, by certificates of insurance by the insurance company, or by other written evidence of insurance acceptable to the Risk Manager. At a minimum, all evidence of insurance shall contain the applicable policy numbers, the coverage amount limits, the inclusive dates of policy coverage, the insurance carrier's name, and an original signature of an authorized representative of said carrier. The Port reserves the right to require the Qualified Operator to submit to the Port, upon request, copies of all required insurance policies and all pertinent information about the agent and carrier providing such insurance.

C. Cancellation/Renewal. At least 10 days prior to the expiration date of any insurance policy, the Permit Holder shall file documentation showing that the required insurance coverage has been renewed or extended. If such coverage is canceled or reduced, Permit Holder shall, within 15 days of such cancellation of coverage, file with the Risk Manager evidence that the required insurance has been reinstated or provided through another insurance company.

D. Minimum Scope of Insurance. The insurance limits specified herein may be reviewed for adequacy annually by the Risk Manager who may thereafter require Permit Holders to adjust the amounts and insurance form to what the Risk Manager deems adequate.

(1) Comprehensive/Commercial General. Liability. Each Permit Holder shall maintain or cause to be maintained comprehensive or commercial general liability insurance with policy limits of not less than $1,000,000 combined single limit per occurrence for bodily injury, Personal injury, and property damage on State of California Insurance Service Office ("ISO") form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and ISO form number GL 0404 covering Broad Form Comprehensive General Liability; or ISO Commercial General Liability coverage form NUMBER CG 0001.

(2) Automobile Liability. Each Permit Holder shall maintain or cause to be maintained automobile liability insurance with policy limits of $1,000,000 combined single limit per accident for bodily injury and property damage on ISO form number CA 0001 (Ed. 6/92) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025.

(3) Workers' Compensation. Each Permit Holder shall maintain or cause to be maintained workers' compensation insurance as required by the Labor Code of the State of California and employers liability insurance with limits of $100,000 per accident.

E. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager. At the direction of the Risk Manager, the Permit Holder shall cause the insurer to either reduce or eliminate such

29963 -9- deductible or self insured retention as respects Port, its agents, contractors, employees and officers, or the Permit Holder shall procure or cause to be procured a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses in an amount specified by the Risk Manager not to exceed the amount of the deductible or self- insured retention.

F. Other Insurance Provisions.

Additional Insured. Each comprehensive/commercial general liability and automobile liability insurance policy shall name the Port, it agents, contractors, employees and officers as additional insureds and shall require the insurance company to use counsel reasonably acceptable to the Port in carrying out its obligations to the Port.

(2) Primary Insurance. The required insurance coverage shall be primary insurance as respects Port, its agents, contractors, employees and officers. Any insurance or self-insurance maintained by Port, its agents, contractors, employees and officers shall be excess of Permit Holder's insurance and shall not be called upon to contribute to a loss.

(3) Severability of Interest, Waiver of Subrogation, Contractual Liability. The required insurance shall state that it shall apply separately to each insured against whom a claim is made or suit is brought, subject to the limits of the insurer's liability. All such policies shall be endorsed with a severability of interest or cross liability endorsement in a form acceptable to the Risk Manager, shall contain a waiver of any rights of subrogation that the insurer may have against the Port, and shall provide contractual liability coverage for Permit Holder's covenants to and indemnification of the Port under these Regulations.

(4) Notice of Cancellation. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days' prior written notice to the Risk Manager.

(5) Acceptability of Insurers. Insurance shall be placed with insurers that are acceptable to the Risk Manager in his or her sole discretion.

G. Correspondence Regarding Coverage. All evidence of insurance required in this Section 3 and other correspondence relating to insurance matters, other than those submitted with an application for an Airport Permit, shall be mailed to the Port of Oakland, Risk Manager, 530 Water Street, Jack London Square, P.O. Box 2064, Oakland, CA 94604-2064, or to such other place as the Risk Manager may designate in writing from time to time.

H. Lapse of Insurance. Upon failure of the Permit Holder to file proper evidence of insurance or upon the lapse of any policy, the Landside Operations Manager may, without further notice, and whether or not an NOV is issued, immediately suspend the Airport

29963 -10- Permit until the Permit Holder has filed proper evidence that the required insurance is in effect.

I. Indemnity. Each Permit Holder by accepting an Airport Permit hereby agrees to indemnify and save harmless the City and the Port and their respective elected or appointed officials, agents, boards, commission, employees, representatives and invitees, from and against all liability, action, loss, suit, demand, judgment, fine, damage, expense, cost or claim, of any character or nature (including all costs for investigation and defense thereof including, without limitation, court costs, paralegal and expert fees and reasonable attorneys' fees), without regard to responsibility for negligence, arising out of or in connection with any act or omission of the Permit Holder, its directors, officers, agents, employees, invitees or Drivers which results in personal injury or property damage, unless caused solely by willful misconduct of the Person seeking such indemnification. In carrying out its obligations hereunder, the Permit Holder shall use legal counsel reasonably acceptable to the Port. The provisions of this Section shall survive the expiration or termination of any Airport Permit.

Section 4. GENERAL PROVISIONS GOVERNING OPERATIONS.

A. Authorization to Operate. Upon issuance of an Airport Permit and only with such Airport Permit, the Permit Holder's Drivers identified in the application for Airport Permit may operate, park and pick up passengers within the Airport on the Working Days applicable to the Taxicab for which the Airport Permit was issued or a Taxicab substituted pursuant to Section 2.E above or Section 5.A below only in accordance with provisions of these Regulations. Taxicabs may be operated on Airport property only by the Driver(s) identified in the application for the Airport Permit or Drivers substituted pursuant to Section 2.F. A Taxicab for which an Airport Permit is issued is authorized to park in the Holding Lot, be dispatched by the Starter to the Starter Booth or the Designated North Field Area, be assigned passengers by the Starter and transport passenger from the Airport.

B. Compliance With Laws, Rules and Regulations. The Permit Holder and each Driver shall faithfully observe and comply with these Regulations, the City Ordinance and all other rules, regulations, orders and restrictions which are now in force or which may hereafter be adopted by the City or Port with respect to the operation of a Taxicab on Airport property. The Permit Holder and each Driver shall observe any and all orders, directives or conditions issued, given or imposed by the Landside Operations Manager, the Airport General Manager or the Director with respect to the use of roadways, driveways, curbs, sidewalks, parking areas and passenger stations in the Airport. The Permit Holder and each Driver shall also obey all traffic directions given by Airport personnel during times of construction.

C. State Laws And City Ordinance. The Permit Holder and each Driver shall observe all applicable laws, ordinances, statutes, rules, regulations or orders of any governmental authority, whether federal, state or local, including the California Vehicle Code, Chapter 10.56 of the City Municipal Code - "Airport Ground Traffic Regulations" and the City requirements for holding Fleet Management Permits and Operating Permits (as such terms are defined in the City Municipal Code), as appropriate.

29963 D. Fares. Permit Holders and their Drivers shall charge passengers fares at rates not greater than those fares established by City Ordinance. Drivers shall, upon demand by any passenger, furnish to such passenger a Receipt. Each Permit Holder shall furnish a copy of the Receipt form to the Port upon request.

E. Transportation Of Passengers. Drivers shall be responsible for the transportation of passengers to and from the Airport with utmost consideration of the safety, comfort, and convenience of passengers and their luggage.

F. Solicitation. Permit Holders, Drivers and affiliates of Permit Holders are prohibited from soliciting or attempting to solicit passengers on Airport property.

(1) For purposes hereof, except as provided in Section 4.F(2) below, the following acts constitute "solicitation":

(a) initiating or engaging in a conversation regarding Taxicab services with any Person on Airport property for the purpose of seeking passengers or customers for a Driver or the business of a Permit Holder; or

(b) employing, inducing, arranging for or allowing any Person to initiate or engage in a conversation regarding Taxicab services with any other Person sr business of a Permit Holder; or

(c) engaging in any conduct or activity intended to or apparently intended to ask, implore or persuade a passenger to alter his or her previously chosen mode of ground transportation or specific Permit Holder or Driver.

(d) delivering literature on Airport property discussing or describing Taxicab services to any Person; or

(e) offering ground transportation services while on Airport property to any Person.

(2) The following actions do not constitute solicitation:

(a) actions by a Starter that would otherwise be considered solicitation so long as such actions occur while the Starter is in the immediate vicinity of a Starter Booth or the Designated North Field Area and working as a Starter; or

(b) actions by a Driver in transporting any Person from Airport property if the Person is loaded into the Taxicab in accordance with these Regulations; or

29963 -12- (c) actions by employees of any airline in arranging for transportation for any passenger of such airline.

G. Unauthorized Loading/Unloading. No Driver may pick up or discharge passengers or their luggage at any location other than those designated by the Landside Operations Manager for such purpose.

H. Unattended Vehicles. No Driver may leave a Taxicab unattended anywhere on Airport property for any reason, unless the Driver has been authorized to leave such Taxicab by the Starter or the Landside Operations Manager.

I. No Littering. Littering on Airport property is prohibited.

J. No Reairs,p or_Washing. No Permit Holder or Driver shall, while on Airport property, perform or attempt to perform any repair or maintenance on any Taxicab, change or attempt to change its oil, battery or spark plugs, top off its coolant, or wash any Taxicab.

K. False/Misleading Information. No Permit Holder or Driver may provide false or misleading information regarding Taxicab services to any Person. False information includes any attempt to obtain payment in excess of that authorized by law.

L. Vehicle Identification. The Driver of each Taxicab shall at all times show in plain view in the Taxicab: a valid Airport Permit or a decal issued by the Landside Operations Manager evidencing such permit and a valid Vehicle Permit or evidence of the existence of a valid Vehicle Permit.

M. Alcohol/Drugs. The use or possession of any alcoholic beverage or possession of any unlawful drugs or narcotics by a Driver while on the Airport is prohibited.

N. Improper Conduct. Drivers shall not engage in any improper conduct while on Airport property. Improper conduct includes, without limitation, use of profane or vulgar language, commission of a felony or a misdemeanor, possession of a firearm or other weapon, fighting, defecating or urinating in public, gambling or participating in other games of chance where money is involved, failure to cooperate with any Airport official in the performance of his or her official duties, a willful assault or battery upon any Person, threatening the safety of any Person, reckless or intentional destruction of property owned by any Person, or acting in a manner intended or that is reasonably likely to cause physical injury to any Person.

0. Refusal to Convey Fares. No Driver may refuse any reasonable request for service at any time while operating a Taxicab at the Airport. All fare assignments shall be made by the Starter or the Landside Operations Manager. This prohibition extends to and prohibits refusal of any fare on the basis that the passenger is traveling to a short-haul destination.

29963 -13- P. Non-Fare Paying Passengers. Drivers shall not allow a non-fare paying passenger to ride in the Taxicab; however, Airport staff may, on occasion, ride at no charge in the Taxicab for purpose of inspections and/or training.

Q. Scripts for Seniors. No Driver may refuse any fare on the basis that the passenger has a "Senior Script" issued by the City or Alameda County, California. No Driver may take any action to dissuade any such passenger from riding in the Driver's Taxicab. Senior Scripts shall be honored by Permit Holders serving the Airport.

R. Driver Permit. Each Driver shall at all times prominently display his or her Driver Permit in the Taxicab he or she is driving as directed by the Chief of Police and in full view of the passengers.

S. Unauthorized Use of Tenant Facilities. No Driver may use facilities of any Airport tenant without authorization from the tenant or the Landside Operations Manager.

Section 5. VEHICLE REQUIREMENTS.

A. Fleet Age. On and after January 1, 2001, each Taxicab operating under an Airport Permit shall be not more than five years old (measured from the date of first manufacture) and, at the time that the Airport Permit is issued, shall have not more than 50,000 miles registered on its odometer. Permit Holder may, with the permission of the Landside Operations Manager, which permission shall not be unreasonably withheld, temporarily substitute a Taxicab which is not more than seven years old (measured from the date of first manufacture) and has not more than 70,000 miles registered on its odometer; provided that any such temporary substitution shall comply with all other Taxicab specification and inspection requirements set forth in these Regulations, and shall be for a period of not more than 10 consecutive days. The Permit Holder may make no more than two substitutions for any Taxicab in any one calendar year.

B. Alternative Fuel. On and after January 1, 2001, each Permit Holder holding more than one Airport Permit shall ensure that 50% of all the Taxicabs for which Airport Permits has been issued to such Permit Holder or 50% of such Taxicabs less one should the number of such Taxicabs be an odd number shall use Alternative Fuel. For example, if a Permit Holder has 10 Airport Permits, five of the Taxicabs shall use Alternative Fuel. The term "Alternative Fuel" means a power supply that is either electricity or compressed natural gas.

C. Vehicle Specification. All Taxicabs operating under these Regulations shall comply with the following specifications:

(1) Taximeter. Each Taxicab shall be equipped with a Taximeter in a position that is visible to all passengers.

29963 -14- (2) Access. Each Taxicab shall have a minimum of four (4) doors for ingress and egress.

(3) Air Conditioning. Each Taxicab shall have a properly installed and maintained air conditioner system to provide sufficient passenger comfort at all times. Cooling shall be operated at all times when temperatures reach or exceed 75 degrees or at any time upon passenger request. Heaters shall be operated upon passenger request.

(4) Sign. Each Taxicab shall have a permanently installed illuminated sign mounted on the roof of the Taxicab displaying the word "TAXI" or "CAB" in accordance with specifications promulgated by the City.

(5) Safety Shields. Each Taxicab shall have a transparent security shield that separates the forward Driver compartment of the Taxicab from the rear passenger compartment in accordance with the City Ordinance.

(6) Fare Display. First mile and each additional mile fare and the traffic delay charge, if any, shall be permanently displayed on the exterior and in the interior of the Taxicab in accordance with City regulations. No other fare may be displayed on or in the Taxicab.

(7) Transponder. Each Taxicab shall have a Trans ponder. The Port shall install, at no cost to the Permit Holder, a Transponder on each Taxicab with an Airport Permit. If that Transponder is lost or damaged, the Port's obligation to install an additional Transponder is subject to the terms and conditions described in Section 7.C. below.

D. Vehicle Condition and Appearance. The exterior of the Taxicab shall be maintained in a damage-free and clean condition. The interior of the Taxicab shall be maintained in a damage-free and clean condition, free from litter, foreign matter and offensive odors. Taxicabs shall be washed at least once each Working Day. Taxicab interiors shall be swept/vacuumed prior to beginning each Working Day. Every Taxicab shall be mechanically and structurally sound and maintained to provide for the safety of the public in accordance with the City Ordinance, state laws and these Regulations. Taxicabs with any damage, including noticeable scratches and dents, tires that fail to comply with California Highway Patrol tread requirements, or any non-working parts, shall not pick up fares at the Airport.

E. Vehicle Inspection. Prior to issuance of an Airport Permit and from time to time, the Landside Operations Manager shall have the right to inspect a Qualified Operator's or Permit Holder's Taxicab at any time to determine if it complies with the requirements contained in these Regulations. A Qualified Operator must correct any deficiency noted in the vehicle inspection checklist issued by the Landside Operations Manager before an Airport Permit may be issued. A Permit Holder must correct any deficiency noted in the vehicle inspection checklist issued by the Landside Operations Manager by the date specified in the checklist. No Taxicab will be considered to have "passed" any inspection until all deficiencies

29963 -15- have been corrected and the Taxicab has been satisfactorily re-inspected by the Landside Operations Manager. If the Landside Operations Manager determines that a Taxicab is in an unsafe or unsanitary condition or has not otherwise complied with these Regulations, the Landside Operations Manager may, whether or not an NOV is issued, immediately suspend the Permit Holder's Airport Permit until the Permit Holder has corrected the unsafe or unsanitary condition and is otherwise in compliance with provisions of this Section.

F. Repair Notices. Any damaged Taxicab must be presented to the Landside Operations Manager for inspection immediately. Said Taxicab must be repaired by the date specified on a repair notice to be issued by the Landside Operations Manager.

G. Vehicle Maintenance Program. Each Permit Holder shall submit to the Landside Operations Manager within 30 days of receiving an Airport Permit, a Taxicab maintenance program which will be in effect throughout the Permit year and which is in accordance with the Taxicab manufacturer's warranty specifications for each of the Permit Holder's Taxicabs. Such program shall describe the maintenance facility, equipment, number of personnel, schedule of maintenance and maintenance record keeping.

H. Starters. At all times when there is any flight activity at the Terminal Buildings, there shall be a Starter stationed at each Starter Booth.

I. Location and Progression of Taxicab Pick-Up Operations.

(1) Upon arrival at the Airport, Drivers who desire to make passenger pickups from the Starter Booths or the Designated North Field Area shall proceed to a Holding Lot. Upon entering a Holding Lot, all Taxicabs are required to proceed to the first available position in the Holding Lot.

(2) Drivers of incoming Taxicabs who find that the Holding Lot is full shall either depart the Airport or travel to any alternative holding area as may be authorized by the Starter.

(3) Within the Holding Lot, each Taxicab shall move toward the Line by directly following the Taxicab ahead of it.

(4) Upon exiting the Holding Lot, each Taxicab shall proceed to the Line and then to the Starter Booth, or if the Holding Lot is located in the North Field, to the Line and then to the Designated North Field Area. In loading vehicles, Starters shall ensure as often as practical that the Taxicab which has remained in the vicinity of the Starter Booths or the Designated North Field Area the longest is provided with the next passenger(s) requesting service. The customer shall have the right, however, to select any Taxicab in the vicinity of the Starter Booths or the Designated North Field Area, respectively.

29963 -16- J. Records to Be Provided. Each Permit Holder shall provide to a representative of the Port, on request, any records required to be maintained by such Permit Holder pursuant to the City Ordinance.

Section 6. DRIVER REQUIREMENTS

A. General Appearance. All Drivers shall, at all times while on duty, be distinctively uniformed, be neat in dress, be courteous and informed in dealing with passengers and the public.

B. Attire. Drivers shall wear shirts or blouses that have collars and are of a solid color. Blouses may not be see-through. Drivers shall wear slacks that are full-length. Female Drivers may wear skirts provided the skirts are no more than two inches above the knee. All slacks and skirts shall be of a solid color. Drivers shall wear dress-type shoes with socks or panty hose.

C. Hygiene. Drivers shall keep their hair clean and trimmed at all times. Male Drivers may have facial hair (beards, mustaches, sideburns, etc.) only if the hair is kept clean and trimmed in a manner acceptable to the Landside Operations Manager. Drivers shall control body odor so as not to be offensive, use proper oral hygiene, and keep face and body free of dirt. If the Landside Operations Manager determines that a Driver is so unsanitary as to be offensive to passengers or is otherwise in violation of any provisions of this Section 6, the Landside Operations Manager may, whether or not an NOV is issued, immediately suspend the Airport Permit until the Driver has corrected the unsanitary condition and is otherwise in compliance with this Section 6.

Section 7. FEES

A. Per Trip Fee. For each trip from the Airport with passengers or luggage, the Permit Holder shall pay, prior to departing Airport property, a fee in the amount of $1.25 per trip that occurs prior to January 1, 2000, $2.00 per trip that occurs from January 1, 2000, through December 31, 2000, and $2.50 per trip thereafter. Per trip fees shall be paid in accordance with Section 7.B below and may not be deferred or forgiven unless otherwise approved by the Landside Operations Manager. The per trip fee will not be applicable to off- Airport pick-ups. The Director of Aviation may change or modify the per trip fee at any time upon not less than 30 days notice to all Permit Holders and such change shall be ratified immediately by the Board of Port Commissioners.

B. Vouchers. Each Permit Holder shall purchase Vouchers for the payment of per trip fees from the Landside Operations Office. Vouchers shall be paid for in cash. Each time a Driver picks up a passenger at a Starter Booth or in the Designated North Field Area, the Driver will present a Voucher in the amount of the trip fee to the Starter. A Starter may not accept cash in payment of a trip fee, and a Drivers attempt to pay a Starter in cash will constitute a violation of these Regulations and may result in the Ports immediate

29963 -17- cancellation of the Airport Permit for the Taxicab the Driver was operating at the time of the incident. The Port reserves the right to require the Permit Holder to pay per trip fees by utilizing an electronic debit card system or similar system.

C. Lost or Damaged Transponder. If the Transponder installed by the Port on a Taxicab is lost or damaged for any reason, Permit Holder agrees to pay the Port a replacement fee of $50.00.

Section 8. VIOLATION

A. General. Permit Holders and Drivers must, as a condition for maintaining an Airport Permit, strictly comply with these Regulations. Violations in any form or manner will result in penalties and fines outlined in this Section 8, including but not limited to, the cancellation of the Airport Permit.

(1) Level One Violations. Violations under this category will be subject to the penalties set forth below, to be imposed pursuant to Section 9 below.

(a) Picking up passengers or the commission of any act in violation of these Regulations during the operation of a Taxicab for which an Airport Permit has not been issued pursuant to Section 2.0 (in violation of Section 2.A, Section 2.E or Section 4.A) shall result in a fine imposed on the driver and the owner of such unpermitted Taxicab of $500.00 each for each violation of anv of these Regulations.

(b) Failing to notify the Port whether or not a Permit Holder intends to renew an Airport Permit and/or failing to submit an updated and complete application and pass the vehicle inspection for renewal of Airport Permit in violation of Section 2.C(1) shall result in a fine of $500.00 per Airport Permit to which such failure pertains.

(c) Failing to comply with the deadline set forth in an NOV issued pursuant to Section 2.C(1)(a) and Section 8.A(1)(b) to cure failures to comply with the obligations set forth in Section 2.C(1) shall result in a fine of $500.00 per Airport Permit to which such failure pertains.

(d) Picking up passengers on a day other than a Working Day on which the Taxicab is authorized to pick up in violation of Section 4.A shall result in suspension of the Airport Permit for five Working Days, suspension of the Driver for 10 calendar days, and a Permit Holder fine of $250.00.

(e) Operation of a Taxicab by a Driver that is not authorized to operate that Taxicab in violation of Section 2.F or Section 4.A shall result in suspension of the Airport Permit for five Working Days, suspension of the Driver for 10 calendar days, and a Permit Holder fine of $250.00.

29963 -18- (f) Charging any passenger a fare in excess of the fares established by City Ordinance in violation of Section 4.D shall result in suspension of the Airport Permit for seven Working Days, suspension of the Driver for 30 calendar days, and a Permit Holder fine of $250.00.

(g) Transporting passengers in an unsafe manner in violation of Section 4.E shall result in suspension of the Airport Permit for five Working Days, suspension of the Driver for 10 calendar days, and a Permit Holder fine of $200.00.

(h) Soliciting in violation of Section 4.F shall result in suspension of the Airport Permit for 10 Working Days, suspension of the Driver for 20 calendar days, and a Permit Holder fine of $250.00.

(i) Unauthorized loading or unloading of passengers in violation of Section 4.G shall result in suspension of the Airport Permit for two Working Days and a Permit Holder fine of $100.00.

(j) Leaving a Taxicab unattended without authorization in violation of Section 4.H shall result in suspension of the Airport Permit for two Working Days and a Permit Holder fine of $100.00.

(k) Littering in violation of Section 4.1 shall result in suspension of the Airport Permit for three Working Days, suspension of the Driver for five calendar days and a Permit Holder fine of $150.00.

(1) Violation of Section 4.J shall result in suspension of the Airport Permit for three Working Days and a Permit Holder fine of $150.00.

(m) Providing false/misleading information in violation of Section 4.K shall result in suspension of the Airport Permit for four Working Days and suspension of the Driver for 10 calendar days.

(n) The failure to post required vehicle identifications in violation of Section 41 shall result in suspension of the Airport Permit for seven Working Days and a Permit Holder fine of $250.00.

(o) Commission of any act in violation of Section 4.N that the Landside Operations Manager determines to be unreasonably disruptive of the operation of the Airport or any construction activities thereon shall result, at the discretion of the Landside Operation Manager and whether or not a NOV is issued, in immediate suspension of the Airport Permit for 24 hours and, regardless of whether the Landside Operations Manager temporarily suspends the Airport Permit, upon conclusion of the procedures described in Section 9, suspension of the Airport Permit for a period of 10 Working Days, suspension of the Driver for 20 calendar days, and a Permit Holder fine of $300.00.

29963 -19- (p) Improper conduct in violation of Section 4.N other than those enumerated under Section 8.A(n) shall result in suspension of the Airport Permit for five Working Days, suspension of the Driver for 10 calendar days and a Permit Holder fine of $200.00.

(q) Refusal to transport a passenger in violation of Section 4.0 or Section 4.Q providing transportation to non-paying passengers in violation of Section 4.P shall result in suspension of the Airport Permit for 30 Working Days, suspension of the Driver for 60 calendar days, and a Permit Holder fine of $500.00.

(r) Failure to display a Driver's Permit in violation of Section 4.R shall result in suspension of the Airport Permit for five Working Days, suspension of the Driver for 10 calendar days and a Permit Holder fine of $200.00.

(s) Unauthorized use of Airport tenant facilities in violation of Section 4.S shall result in suspension of the Airport Permit for five Working Days, suspension of the Driver for 10 calendar days and a Permit Holder fine of $200.00.

(t) Any violation of Section 6 shall result in suspension of the Airport Permit for five Working Days, suspension of the Driver for 10 calendar days, and a Permit Holder fine of $200.00.

(u) Attempting to pay per trip fees in cash in violation of Section 7.B shall result in suspension of Airport Permit for five Working Days, suspension of the Driver for 10 calendar days, and a Permit Holder fine of $200.00.

(v) Speeding or not obeying any posted traffic signs on Airport property shall result in suspension of the Airport Permit for seven Working Days and applicable fines under Ordinance of the Port or the City Municipal Code.

(w) Intentionally or recklessly causing damage or destruction of an Airport-issued transponder shall result in suspension of the Airport Permit for 10 Working Days, suspension of the Driver for 20 calendar days and a Permit Holder fine of $400. 00 .

(2) Level Two Violations. Notwithstanding provisions of Section 9, violations under this category will be subject to immediate suspension or cancellation of the Airport Permit or Driver prior to and without any notice of alleged violation or conducting an hearing. The Landside Operations Manager shall notify the Permit Holder or Driver of the suspension or cancellation on the day the Landside Operations Manager suspends or cancels the Airport Permit or Driver by telephoning the Permit Holder or Driver at the telephone number provided in the latest Airport Permit application submitted pursuant to Section 2. The Landside Operations Manager shall log the date and time of such call and note any messages left. Any suspension or cancellation of the Airport Permit or Driver shall become effective

29963 -20- upon the placement of such telephone call, whether or not the Permit Holder or Driver has received actual notice.

(a) Failure to pay any per trip fee prior to departing the Airport or any other sums due the Port (including financial penalties) within seven days of the due date thereof shall result in suspension of the Airport Permit for an indefinite period of time that will terminate when such sums are fully paid to the Port, together with interest and penalty on any overdue sum which shall accrue at the applicable rate provided in a duly enacted Port ordinance.

(b) Failing to obtain or maintain required insurance in violation of Section 3 shall result in suspension of the Airport Permit for an indefinite period of time that will terminate upon the Permit Holder providing the Landside Operations Manager evidence of the required insurance.

(c) Operating a Taxicab that is in violation of Section 5.0 or Section 5.D as noted in a vehicle inspection conducted pursuant to Section 5.E shall result in the suspension of the Airport Permit for the Taxicab vehicle for an indefinite period of time until the all deficiencies noted in the inspection are corrected and the Taxicab passes a subsequent inspection conducted pursuant to Section 5.E. In addition, the failure to correct deficiency noted in such vehicle inspection within five days after a written notice of the deficiency shall result in a fine of $500, unless a longer period of time to correct the deficiency is granted by

(d) Any actions resulting in the City's suspension of the Vehicle Permit for the Taxicab for which the Airport Permit is issued, shall result in the automatic suspension of the Airport Permit until the Vehicle Permit has been reinstated by the City and the Permit Holder has provided evidence of such reinstatement to the Landside Operations Manager. The cancellation by the Chief of Police of the Vehicle Permit shall result in the cancellation of the Airport Permit for the remainder of the Permit term.

(e) Any action that results in the City's suspension or cancellation of a Driver's Driver Permit shall result in the automatic suspension of the Driver from operating at the Airport until the Driver Permit has been reinstated by the City and the Driver or Permit Holder has provided evidence of such reinstatement to the Landside Operations Manager.

(f) The second Level One violation committed by either the Permit Holder or the Driver(s) under the Airport Permit in any one term of an Airport Permit shall result, after completion of the procedures set forth in. Section 9 below with respect to the second Level One violation, in suspension of the Airport Permit for five Working Days.

(g) The third Level One violation committed by either the Permit Holder or the Driver(s) under the Airport Permit in any one term of an Airport Permit, shall result, after completion of the procedures set forth in Section 9 below with respect to the third Level One violation, in cancellation of that Airport Permit.

29963 -21- (h) If any one Driver commits three Level One violations within any 12 month period, after completion of the procedures set forth in Section 9 below with respect to the third Level One violation and regardless of whether the Driver was operating under different Airport Permits at the time of each violation, that Driver shall be permanently expelled from operating any Taxicab at the Airport and the Airport Permit under which the Driver was operating at the time of the third violation will be cancelled.

(i) If any one Driver commits two (2) Level Three violations within any 12 month period, after completion of the procedures set forth in Section 9 below with respect to the second Level Three violation and regardless of whether the Driver was operating under different Airport Permits at the time of each violation, that Driver shall be permanently expelled from operating any Taxicab at the Airport and the Airport Permit under which the Driver was operating at the time of the second violation will be cancelled.

(3) Level Three Violations. Violations under this category will be subject to cancellation of the Airport Permit and the penalties set forth below, to be imposed pursuant to Section 9 below.

(a) Transferring, selling, assigning or loaning of an Airport Permit in violation of Section 2.H shall result in cancellation of the Permit.

(b) Improper conduct in violation of Section 4.N that the Landside Operations Manager determines to present or create an unreasonable risk of injury to Persons or property shall result, at the discretion of the Landside Operations Manager and whether or not an NOV is issued, in immediate suspension of the Airport permit for up to 48 hours and (regardless of whether the Landside Operations Manager temporarily suspends the Airport Permit) upon conclusion of the procedures described in Section 9, cancellation of the Airport Permit and suspension of the Driver for 40 calendar days.

(c) Possession of any alcoholic beverages or unlawful drugs or narcotics in violation of Section 4.M shall result in cancellation of the Airport Permit, suspension of the Driver for 60 calendar days, and a Permit Holder fine of $500.00.

(d) Any violation of Section 5 other than as provided in Section 9 shall result, at the discretion of the Landside Operations Manager and whether or not an NOV is issued, in immediate suspension of the Airport permit for up to 48 hours and (regardless of whether the Landside Operations Manager temporarily suspends the Airport Permit) upon conclusion of the procedures described in Section 9, cancellation of the Airport Permit.

(e) Operation of a Taxicab while the Airport Permit for that Taxicab is suspended or by a Driver while the Driver is suspended shall result in cancellation of the Airport Permit.

29963 -22- B. Violations of Port Rules and Regulations, Federal, State And City Laws. Violations of any laws, ordinances, statutes, rules, regulation or orders of any governmental authority, whether federal, state or local, including the California Vehicle Code, Chapter 10.56 of the City Municipal Code - "Airport Ground Traffic Regulations," and the City requirements for holding Fleet Maintenance Permits and Operating Permits (as such terms are defined in the City Municipal Code) shall be subject to fines and penalties provided under such rules, laws or regulations.

Section 9. ISSUANCE OF NOVS AND HEARINGS

A. Issuance and Delivery of Notice of Violation. If the Landside Operations Manager believes that either a Permit Holder holding an Airport Permit or a Driver for such Permit Holder has violated any provisions of these Regulations punishable under Section 8 above, he or she shall give written notice of such alleged violation (a "NOV") by postage prepaid United States Postal Service mail to the Permit Holder and the Driver involved at the addresses on file with the Port's Landside Operations Office. The NOV shall give notice of the alleged violation and of the penalty to be imposed pursuant to Section 8 above. A photocopy of properly addressed and postmarked envelopes together with a copy of the NOV and an affirmative representation made by the individual who deposited the notices in the mail to the effect that the notices were deposited in the mail, shall be deemed conclusive evidence of compliance with the notice requirements of this Section. Notwithstanding the above, Level Two violations enumerated in Section 8.A.(2) shall result in immediate suspension or cancellation of the Airport Permit or Driver as provided in Section 8.A(2) without notice.

B. Due Date and Suspension Period Commencement. Unless a Permit Holder or Driver to whom an NOV was issued requests a hearing before 4:00 p.m. on the fifth calendar day after the date of any NOV, the NOV shall be final and non-appealable and the applicable financial penalty shall be due before 4:00 p.m. on the sixth calendar day after the date of the NOV, and the applicable suspension or cancellation period(s) shall commence on the sixth calendar day after the date of the NOV. For purposes of this Section 9.B, the date of an NOV shall be the date the NOV was placed in the United States Postal Service mail to the Permit Holder and/or Driver under Section 9.A above. Notwithstanding the above, immediate suspensions or cancellations of Airport Permits or of the Drivers provided for in Section 8.A(1)(o), Section 8.A(2), Section 8.A(3)(a) or Section 8.A(3)(d) shall commence immediately upon the commitment of the violation prior to a hearing under this Section 9.

C. Hearing Request. Subject to the limitations set forth in Section 9.B above, Permit Holder or Driver to whom an NOV has been issued may request a hearing before the Hearing Officers by telephoning or delivering a written notice (which notice shall include the name, address and telephone number of the Permit Holder or Driver requesting the hearing) to the Landside Operations Manager at the telephone number or address set forth on the NOV between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, exclusive of Port-recognized holidays. The Landside Operations Manager will schedule a hearing at the earliest available time. If the hearing is not scheduled at the time the hearing request is made,

29963 -23- the Landside Operations Manager will attempt to advise via telephone (by calling the telephone number indicated by the Permit Holder or Driver in the request for a hearing) of the time and date of the scheduled hearing no later than 4:00 p.m. on the third business day following the first telephonic request or receipt of the written request for a hearing. If the number indicated is, for any reason, an incorrect or non-working number, the Landside Operations Manager shall mail notice of the hearing schedule in the manner provided in Section 9.A. The Landside Operations Manager shall maintain a log demonstrating the time and date each telephone call is placed, the number that was called, and a description of the substance of each such call (including the substance of any message left). A log entry indicating that a call was placed to the number indicated by the Permit Holder or Driver and notice was given (either by leaving a message or by speaking with a Person) together with an affirmative representation by the individual who placed the call to the effect that notice was given, shall be deemed conclusive evidence of compliance with the notice requirements of this Section. The date of a hearing may be changed if necessary to facilitate the Port's business needs but will not be changed to accommodate any Permit Holder except as provided in Section 9.D. Once a hearing has been timely requested, the imposition of any financial fines or penalty (but not fees or interest due) to be imposed pursuant to Section 8 and any suspension or cancellation to be imposed pursuant to Section 8.A(1) or Section 8.A(3) above shall be stayed until a final decision has been rendered by the Hearing Officers. Notwithstanding the above, immediate suspensions or cancellations of Airport Permits of the Drivers provided for Section 8.A(1)(n), Section 8.A(2), Section 8.A(3)(c) or Section 8.A(3)(e) shall commence immediately upon the commitment of the violation prior to a hearing under this Section 9.

D. Hearings.

(1) Schedule. Hearings for NOVs shall be scheduled by the Landside Operations Manager.

(2) Presence of Person Requesting Hearing. The Permit Holder or Driver that timely requests a hearing shall appear or shall be represented as provided in Section 9.D(4) at the hearing at which such action is considered, to present facts and witnesses to refute the alleged violation. At such meeting, a representative of the Port shall be present and may also present evidence (including witnesses) in support of the NOV.

(3) Absence or Failure to Appear Before Hearing Officers. If the Permit Holder or Driver that timely requested a hearing fails to appear or be properly represented at the hearing, then, unless such absence is excused and rescheduled by the Landside Operations Manager for reasons of health or family emergency, the NOV shall be treated as if a hearing were never timely requested. In such event, the Hearing Officers shall not consider the NOV, and any financial penalty shall be due before 4:00 p.m. on the first business day following the hearing and any suspension or cancellation period shall commence on the first business day following the hearing.

(4) Representation Before Hearing Officers. The Permit Holder or Driver that timely requested the hearing may be represented before the Hearing Officers by an

29963 -24- attorney. Such Permit Holder or Driver may be represented by a trade organization or a representative thereof only if the Permit Holder or Driver is present at the hearing or represented as provided in the immediately-preceding sentence. The assistance of an interpreter or person who can facilitate communication may be used only if the Permit Holder or Driver is present at the hearing.

(5) Evidence and Witnesses. Upon the reasonable and timely request of the subject Permit Holder or Driver or his or her attorney, the Port shall provide the subject Permit Holder or Driver with reasonable access to evidence, reports and records of the Port relating to the violations alleged in the NOV. Furthermore, the subject Permit Holder or Driver or his or her attorney, no later than three days prior the hearing date, may request that the Port provide testimony of any Port employee who is witness to or who reported the violations alleged in the NOV. Upon such notice, the Port may reschedule the hearing date to allow reasonable time to produce such testimony and shall provide such testimony either by providing written testimony of such employee to the subject Permit Holder or Driver prior to the date of the hearing or by producing such Port employee at the hearing. The Port and the subject Permit Holder or Driver may introduce evidence, written testimony and witnesses and shall be allow to cross examine witnesses present at the hearing. The Hearing Officer may consider any and all evidence that a reasonable person would use in making a decision including, but not limited to, hearsay evidence.

(6) Determinations. All three of the Hearing Offices must be present of nnv hearing rnnrhirterl by the Nearing nffirerc Tf lecc than n11 three of the T-Tegrina Officers are present at the hearing, the hearing will be rescheduled to a time when all three of the Hearing Officers can be present. The Hearing Officers, by at least a majority vote, shall make a finding at the hearing, with respect to each violation, as to whether or not these Regulations were violated. In order for the Hearing Officers to conclude that a violation was committed, the evidence must establish that it was more likely than not (a preponderance of the evidence) that the violation was committed.

(7) Effect of Decision by Hearing Officers. A decision of the Hearing Officers is final and any financial penalty shall be due before 4:00 p.m. on the first business day following the hearing and any suspension or cancellation period shall commence on the first business day following the hearing.

(8) Violation Information. The Landside Operations Manager shall maintain current and accurate information pertaining to all Drivers that have been found to commit violations of these Regulations during the immediately-preceding two year period, the number of times the Driver was found to violate these Regulations during such period and the date each violation occurred. Any Person may request information pertaining to such Drivers and each Permit Holder shall be deemed to have constructive notice of all such information.

29963 -25- Section 10. SEVERABILITY

If any part of these Regulations contained in Section 1 through Section 9 above, including any modifications thereof or additions or amendments thereto, shall be found to be invalid for any reason, the remainder of these Regulations shall not be invalidated thereby but, in accordance with the intention of the Port hereby expressed, shall remain in full force and effect, all parts of this ordinance being hereby declared to be separable and independent of all others.

Section 11. EFFECTIVE DATE

Sections 1 through 10 of this Ordinance shall take effect upon final adoption thereof."

Adoptedatik adjourned regular meeting held October 24 , 2 000 By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribe and President Kramer - 7

Noes: None

Absent: None

Attes

29963 -26- BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3575

AN ORDINANCE ESTABLISHING A PASSENGER FACILITY CHARGE AND AMENDING SECTION 28 TO PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF FACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Port Ordinance No. 1149 is hereby amended by amending Section 28 thereof with the addition of a new Section 28(c)(9), as follows:

"c. (9) The PFC established pursuant to this Section for the projects approved by the Federal Aviation Administration ("FAA") by letter dated March 17, 2000 and accompanying Record of Decision shall be paid and collected on each ticket issued on or after the charge effective date and issued before September 1, 1999, (which is the estimated charge expiration date under the Federal Regulations), or before such other date as may be specified in writing by the Port or the FAA in accordance with the Act and/or the Federal Regulations."

Section 2. The Board of Port Commissioners hereby finds and determines that the establishment and imposition of the PFC pursuant to Section 1 of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) under California Public Resources Code Sections 15262 and 15301.

The PFC is established and imposed pursuant to the Ports ninth application to the FAA and, under the terms and provisions of the FAAs March 17, 2000 approval of the Ports application. The PFCs may be imposed and used for 15 specific projects. These projects are described in the Ports application, the FAAs approval letter and Record of Decision and the Boards Agenda Sheet Item No. 2S, dated April 18, 2000. Each of said documents is incorporated herein by this reference.

27177 Fourteen of the fifteen projects in the PFC application are categorically exempt from the requirements of CEQA under the provisions of Section 15301 CEQA guidelines.

In addition, in view of the minor $3.00 amount of the PFC imposed on each passenger under Section 15061 (a) (3) and the imposition of a PFC since September 1, 1992, pursuant to Port Ordinance Nos. 3106, 3204, 3262, 3306, 3338, 3372, 3524 and 3533 it can be seen with certainty that there is no possibility that extension of the $3.00 PFC amount will have a significant effect on the environment.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held May 2, 2000 By the following Vote:

Ayes: Commissioners Kiang, Kramer, Neal, Protopappas, Tagami, Uribe and President Loh - 7

Noes: None

Absent: None ORIGINAL Oaktanh Tribunv do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1783981

PROOF OF PUBLICATION PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3575 AN ORDINANCE ESTABLISHING A PASSENGER FACILITY CHARGE AND AMENDING SECTION 28 TO PORT ORDINANCE NO. 1149 RELATING TO CHARGES FOR USE OF FACIL- ITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: In the matter of: Section 1. Port Ordinance No. 1149 is hereby amended by amending Section 28 thereof with the addition of a new Section 28 (c) (9), as follows: • c. (9) The PFC established pursuant to this Section for the projects approved by the Fed- etai Aviation Administration ("FAA") by letter dated March 17, 2000 and accompanying Record of Decision shall be paid and collected on each ticket issued on or after the charge effective date and issued before September 1, 1999, (which is the estimated charge expiration date under the Federal Regulations), or before such other date as may be specified in writing by the Port of Oakland Port or the FAA in accordance with the Act, and/or the Federal Regulations." Section 2. The Board of Port Commissioners hereby finds and determines that the establishment and imposition of the PFC pursuant to Section 1 of this ordinance is exempt from the rt:ciJIrements of the California Environmental Quality Act (CEQA) under California Public Re- sources Code Sections 15262 and 15301. The PFC is established and imposed pursuant to the Ports ninth application to the FAA and, under the terms and provisions of the FAAs March 17, 2000 approval of the Ports appli- ction. The PFCs may be imposed and used for 15 specific projects, These projects are described in the Ports application, the FAAs approval letter and Record „of Decision and the Boards Agenda Sheet Item No. 2S, dated April 18, 2000. Each of said documents is incorpo- d herein by this reference. • The undersigned below, deposes and says that he/she was the public Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of ourteen of the fifteen projects in the PFC application are categorically exempt from the requirements of CEQA under the provisions of Section 15301 CEQA guidelines. general circulation as defined by Government Code Section 6000 adjucated as such by the Superior Court of the State of California, In addition, in view of the minor $3.00 amount of the PFC imposed on each passenger under Section 15061 (a) (3) and the imposition of a PFC since September 1, 1992, pursuant to County of Alameda (Order Nos. 237798, December 4, 1951) which is Port Ordinance Nos. 3106, 3204, 3262, 3306, 3338, 3372, 3524 and 3533 it can be seen with certainty that there is no possibility that extension of the $3.00 PFC amount will have a signifi- published and circulated in Oakland Township in said county and state cant effect on the environment, seven days a week, in Board of Port Commissioners, Oakland, California, April 18, 2000. Passed to print for one That the thy by Me following vote: Ayes: Commissioners !Gang, Kramer, Neal, Tagami, Uribe and Pres- ident Loh - 6. Noes: None. Absent: Protopappas - 1 Christopher C. Marshall Secretaryto the Board The Oakland Tribune- #1783981 PORT ORDINANCE No. 3,275

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

APRIL 26, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

amantha Allen-Wise Public Notice Advertising Clerk APRIL 26, 2000 ORIGINAL Tht Oaklanb Tribunv c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1783981

PROOF OF PUBLICATION

Port of Oakland

PORT ORDINANCE No. 3,275

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

APRIL 26, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct

amantha Allen-Wise ublic Notice Advertising Clerk APRIL 26, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3574

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF LEASE WITH NEXTEL OF CALIFORNIA, INC., dba NEXTEL COMMUNICATIONS.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a Lease between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and NEXTEL OF CALIFORNIA, INC., a California corporation doing business as NEXTEL COMMUNICATIONS, as Lessee, of up to approximately 1,200 square feet of vacant land located in an area south of the Bay Bridge Toll Plaza, in the Port Area of the City of Oakland, to be used by Lessee as an additional cell site for telephone and radio coverage, and other purposes incidental and reasonably related thereto for a term of 5 years, with two separate options in Lessee to extend the term by 5 years under each option, at an initial monthly rent $3,000.00, said rate to be increased annually based upon the increase in the Consumer Price Index, but in an amount not less than 3.5% and otherwise upon the terms and conditions set forth in Board Agenda Sheet Item No. 23, as subsequently may be revised pursuant to resolution or ordinance adopted by this Board, and upon such standard terms and conditions as specified in the Lease and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Lease.

26781 Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, March 21, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7. Noes: None. Absent: None.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held April 4, 2000 By the following Vote: Ayes: Commissioners Harris, Kiang, Neal, Uribe and President Loh - 5

Noes: None

Absent: Commissioners Kramer and Taylor -

President.

Attest Secretary.

26781 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3 5 7 3 AN ORDINANCE APPROVING A STANDARDIZED AIRLINE OPERATING AGREEMENT AND SPACE/USE PERMIT AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Executive Director is hereby authorized to enter into individual agreements with each of the existing, as well as prospective airline carriers providing regularly scheduled service at Metropolitan Oakland International Airport ("MOIA") at 1 Airport Drive, Oakland, California, as such agreements are more fully identified and set forth in Agenda Sheet Item No. 1, dated March 21, 2000.

Section 2. The following scheduled airlines would enter into a Standard Airline Oneratin p- AnTeement and Snaceri Tse Permit

Airborn, Alaska/Horizon Air, Aloha, America West, American, Ameriflight, City Bird, Corsair, Delta, Emery Worldwide, Evergreen Aviation, Federal Express, Martinair Holland, Mexicana, SATA/Sun Trips, Southwest, United Parcel Service and United.

Section 3. The following tenants would enter into a Space/Use Permit only:

Aeronova, Federal Aviation Administration, Hallmark Aviation, Hilltop Aviation, ITS, Argenbright, DEA, Air General, Ogden Aviation, Ontario Aircraft, TransAir, Servicemaster, Pacific Aviation, US-INS, Today's Aircraft, United States Customs, Huntleigh, Roberts Janitorial, OFFC/DynAir and Worldwide Flight.

Section 4. The Executive Director is authorized to convert all existing agreements with all of the above-listed airlines and tenants at MOIA to the standardized agreement and/or space/use permit, with such terms and conditions as may be approved by the Executive Director and Port Attorney.

Section 5. The Board of Port Commissioners hereby finds and determines that based on the information set forth in the Agenda Sheet, these projects have been determined to be

?589`, categorically exempt from the requirements of the California Environmental Quality Act and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p).

Section 6. This Ordinance is not evidence of and does not create or constitute (a) a contract or Lease, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This resolution approves and authorizes the execution of an agreement or Lease in accordance with the terms of this resolution. Unless and until a separate written agreement is duly executed on behalf of the Board as authorized by this resolution, is signed and approved as to form and legality by the Port Attorney, and is delivered to other contracting party, there shall be no valid or effective agreement or Lease.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held April 4, 2000 By the following Vote:

Ayes: Commissioners Harris, Kiang, Neal, Uribe and President Loh - 5

Noes: None

Absent: Commissioners Kramer and Taylor - 2

President.

Attest__ Secretary. Approved as to fof an

Port Attorney

25892 -2- COPY The- Oaklant) Tribunt. c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1758767

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3573 AN ORDINANCE APPROVING A STANDARDIZED AIRLINE OPERATING AGREEMENT AND SPACE/USE PERMIT AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT. BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: PROOF OF PUBLICATION Section 1. The Executive Director is hereby authorized to enter into individual agreements with each of the existing, as well as prospective airline carriers providing regularly scheduled service at Metropolitan Oakland International Airport r -MOIA") at 1 Airport Drive, Oakland, Cali- fornia, as such agreements are more fully identified and set forth in Agenda Sheet Item No. 1 dated March 21, 2000. Section 2. The following scheduled airlines would enter into a Standard Airline Operating Agreement and Space/Use-Permit: In the matter of Airborn, Alaska/Horizon Air, Aloha, America West, American, Ameriflight, City Bird, Corsair, Delta, Emery Worldwide, Evergreen Aviation, Federal Express, Marlines Holland, Mexicana, SATA/Sun Trips, Southwest, United Parcel Service and United. Section 3. The following tenants would enter into a Space/Use Permit only: Aeronova, Federal Aviation Administration, Hallmark Aviation, Hilltop Aviation, ITS, Argon- bright, DEA, Air General, Ogden Aviation, Ontario Aircraft, TransAir, Servicemaster, Pacific Port Of Oakland Aviation, US-INS, Todays Aircraft, Limed States Customs, Huntleigh, Roberts Janitorial, OFFC/DynAir and Worldwide Flight Section 4. The Executive Director is authorized to convert all existing agreements with all of the above-listed airlines and tenants at MOIA to the standardized agreement and/or space/use permit, with such terms and conditions as may be approved by the Executive Director and Port Attorney. Section 5. The Board of Port Commissioners hereby finds and determines that based on the information set forth in the Agenda Sheet, these projects have been determined to be categorically exempt from the requirements of the California Environmental Quality Act and the Port , CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p). The undersigned below, deposes and says that he/she was the public Section 6. This Ordinance is not evidence of and does not create or constitute (a) a contract Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of or Lease, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This resolution approves and authorizes the ex- general circulation as defined by Government Code Section ecution of an agreement or Lease in accordance with the terms of this resolution. Unless and until a separate written agreement is duly executed on behalf of the Board as authorized by 6000 adjucated as such by the Superior Court of the State of California, this resolution, is signed and approved as to form and legality by the Port Attorney, and is de- ; livered to other contracting party, there shall be no valid or effective agreement or Lease. County of Alameda (Order Nos. 237798, December 4, 1951) which is published and circulated in Oakland Township in said county and state In Board of Port Commissioners, Oakland, California, March 21, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe seven days a week. and President Loh - 7. Noes: None. Absent: None. That the Christopher C. Marshall Secretary to the Board The Oakland Tribune, #1758767 March 29, 2000

Port Ordinance No.3573

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates

MARCH 29, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Samantha Allen-Wise Public Notice Advertising Clerk MARCH 29, 2000 The- Jaklanb Tribum COPY do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1758767

PROOF OF PUBLICATION

In the matter of

Port Of Oakland

Port Ordinance No.3573

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

MARCH 29, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct. , /) c"----1 Samantha Allen-Wise Public Notice Advertising Clerk MARCH 29, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE No. 3 5 7 2

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO RETITLE THE POSITION OF PORT INTERNAL AUDITOR TO PORT AUDITOR.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 7.110 of Port Ordinance No. 867 is hereby amended to read as follows: No. of Salary or Positions Title Grade No.

Sec. 7.110 1 Port Auditor 15

In Board of Port Commissioners, Oakland, California, March 7, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7. Noes: None. Absent: None.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held March 21, 2000 By the following Vote:

Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7

Noes: None

Absent: None

Attes

Approved as to f and legality :

Port Attorney Tim oaklanb Tribune ORIGINAL c/o ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1748761

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3572

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3572 AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO RETITLE THE POSITION OF PORT INTERNAL AUDITOR TO PORT AUDITOR. BE IT ORDAINED by the Board of Port. Commissioners of the City of Oakland as follows: The undersigned below, deposes and says that he/she was the public Motion 7.110 of Port Ordinance No. 867 is hereby amended to read as follows: Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of Number of Salary or general circulation as defined by Government Code Section Positions IQ Grade No. 6000 adjucated as such by the Superior Court of the State of California, Sec. 7.110 1 Port Auditor 15 County of Alameda (Order Nos. 237798, December 4, 1951) which is In Board of Port Commissioner, Oakland, California, March 7 2000. Passed to print for one published and circulated in Oakland Township in said county and state day by the following vote: Ayes: Commissioners Harris, Mang, tqamer, Neal, Taylor, Uribe and President Loh - 7. Woes: None. Absent: seven days a week. Christopher C. Marshall That the Secretary to the Board The Oakland Tribune, #1748761 March 15, 2000

Notice of Public Hearing

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

March 15, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct,

Samantha Allen-Wise Public Notice Advertising Clerk March 15, 2000 ORIGINAL Mat oaklanh Tribune do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1748761

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3572

That the

Notice of Public Hearing

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

March 15, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Samantha Allen-Wise Public Notice Advertising Clerk March 15, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3571

ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASEMENT DOCUMENTS TO PACIFIC GAS AND ELECTRIC (PGE) FOR UTILITY LINES ALONG MIDDLE HARBOR ROAD, REALIGNED 7 TH STREET AND NEW ROAD.

BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves and authorizes the Executive Director to execute for and on behalf of the Board and deliver to PACIFIC GAS AND ELECTRIC COMPANY ("PGE"), a California corporation, the followina:

(1) An Easement Relocation Agreement, providing for the relocation of the easement premises for a portion of a 115 Kv electric overhead transmission pole line as granted to PGE by the United States of America ("USA") by that Certain Grant of Non- Exclusive Easement dated September 8, 1992, ("Original 115 Kv Easement"), to which Original 115 Kv Easement the Port is successor to the USA, which relocation shall be along the westerly boundary of Middle Harbor Road as relocated by the Port as a part of the Ports Vision 2000 Maritime Program;

(2) An easement, for a term not in excess of 66 years, for a 12 Kv electric underground line and an underground natural gas line serving the Port, along the non-dedicated portion of 7th Street, as relocated by the Port as a part of the Ports Vision 2000 Maritime Program; and

(3) An easement, for a term not in excess of 66 years, for an underground natural gas line serving the Port, along the Ports proposed New Road, currently under construction as a part of the Ports Vision 2000 Maritime Program;

1 26448 all in accordance with Agenda Sheet Item No. 26S dated March 7, 2000. Said agreement and easements shall contain such terms and conditions as the Executive Director or Port Attorney may determine necessary in order to protect the interests of the Port.

Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held March 21, 2000 By the following Vote:

Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7

Noes: None

Absent: None

Attest

Appr ed as to forma and legality :

Port Attorney

2 26448 ORIGINAL The wakianb• &alum cio ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1748705

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3571 PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3571 ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASE- MENT DOCUMENTS TO PACIFI AND ELECTRIC IPGP FOR UTILITY LINES ALONG MIDDLE HARBOR ROADREALIGNED 7th STREET AND NEW ROAD. BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as follows: Section 1. The Board of Port Commissioners (Board") hereby approves and authorises -ecutive Director to execute for and on behalf of the Board and deliver to PACIFIC GAS The undersigned below, deposes and says that he/she was the public I LECTRIC COMPANY ("PGE"), a California corporation, the following. Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of An Easement Relocation Agreement, providing for the relocation of the easement pre- general circulation as defined by Government Code Section mises for a portion of a 115 Kv electric overhead transmission pole line as granted to PGE the United States of America (USA") by that Certain Grant of Non-Exclusive Easement dat es 6000 adjucated as such by the Superior Court of the State of California, September 8, 1992, ("Original 115 Kv Easement"), to which Original 115 Kv Easement the Port is successor to the USA, which relocation shall be along the westerly boundary of Middle County of Alameda (Order Nos. 237798, December 4, 1951) which is Harbor Road as relocated by the Port as a part of the Ports Vision 2000 Maritime Program; published and circulated in Oakland Township in said county and state (2) An easement, for a term not in excess of I36years, for a 12 Kv electric underground line seven days a week. and an underground natural gas line serving the Port, along the non-dedicated portion of 7th Street, as relocated by the Port as a part of the Ports Vision 2000 Maritime Program; and That the (3) An easement, for a term not in excess of 66 years, for an underground natural gas line serving the Port, along the Ports proposed New Road, currey under construction as a part of the Ports Vision 2000 Maritime Program; all in accordance with Agenda Sheet Item No. 26S dated March 7, 2000. Said agreement and easements shall contain such terms and conditions as the Executive Director or Port Attorney may determine necessary in order to protect the interests of the Port. Section 2. This ordinance is not evidence of and does not create or constitute (a) a contract Notice of Public Hearing or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said agreement and easements in accordance with the terms of this ordinance. Unless and until a separate written agreement, and easements are duly executed on behalf of the Board as authorized by this ordinance, are signed and approved as to form and legality by the Port Attorney and are delivered to PGE, there shall be no valid or effective agreement or easements. Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption: of which the annexed is a printed copy, was published in every issue of In Board of Port Commissioners, Oakland, California, March 7, 2000. Passed to print for one the OAKLAND TRIBUNE, on the following dates: day by the following vote: Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7. Noes: None. Absent None. Christopher C. Marshall Secretary to the Board The Oakland Tribune, #1748705 March 15, 2000 March 15, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true ancLcorrect.

Samantha Allen -Wise Public Notice Advertising Clerk March 15, 2000 (the waldanh Tribunt ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1748705

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3571

That the

Notice of Public Hearing

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

March 15, 2000

I certify (or declare) under the penalty of perjury that the foregoing is true an orrept.

Samantha Allen-Wise Public Notice Advertising Clerk March 15, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3570

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF LEASE WITH LEVEL 3 COMMUNICATIONS, LLC.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board of Port Commissioners ("Board") hereby approves a Lease between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and LEVEL 3 COMMUNICATIONS, a limited liability company, as Lessee, of up to approximately 5,083 linear feet of land located along 7 th Street, as realigned by the Port, and from said 7 th Street to the water and up to approximately 2,000 linear feet below water, from said 7 th Street to the Ports jurisdictional boundary in the Bay, in the Part Area of the ritv of naklanH. to he hv LPSRPP far the nuilaing or portions OE a 2,uuu-mile underground river optic cable network, containing 30-70 conduits, and other purposes incidental and reasonably related thereto for a term of 20 years, with two separate options in Lessee to extend the term by 10 years under each option, at an initial monthly rent, per lineal foot of each conduit, of $1.15 on land and $0.58 on submerged land, said lineal foot rates to be increased every 2 years based upon the increase in the Consumer Price Index, but in an amount not less than 5% and otherwise upon the terms and conditions set forth in Board Agenda Sheet Item No. 21, as subsequently may be revised pursuant to resolution or ordinance adopted by this Board, and upon such standard terms and conditions as specified in the Lease and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Lease.

26439 Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Lease in accordance with the terms of this ordinance. Unless and until a separate written Lease is duly executed on behalf of the Board as authorized by this ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to Lessee, there shall be no valid or effective Lease.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held March 21, 2000 By the following Vote:

Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7

Noes: None

Absent: None

President.

Attest Secretary. Approved to fora r,nd legality :

Port Attopey

26439 The kdaklanb (tribune ORIGINAL do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1748643

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3570 PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3570 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF LEASE WITH LEVEL 3 COMMUNICATIONS, LLC BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commissioners ("Board") hereby approves a Lease the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and —5.1. 3 COMMUNICATIONS, a limited liability company, as Lessee, of up to approximat linear feet of land located along 7th Street, as realigned by the Port. and from said 7 it to the water and up to approximately z000 linear feet below water, from said 7th Street The undersigned below, deposes and says that he/she was the public to 1118 Ports jurisdictional boundary in the Bay, in the Port Area of the City of Oakland, to be Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of used by Lessee for the building of portions of a 25,000-mile underground fiber optic cable network, containing 30-70 conduits, and other purposes incidental and reasonably related thereto general circulation as defined by Government Code Section for a term of 20 years, with two separate options in Lessee to extend the term by 10 years 6000 adjucated as such by the Superior Court of the State of California, under each option, at an initial monthly rent, per lineal foot of each conduit, of $1.15 on land and $0.58 on submerged land, said lineal foot rates to be increased every 2 years based upon County of Alameda (Order Nos. 237798, December 4, 1951) which is the increase in the Consumer Price Index, but in an amount not less than 5% and otherwise upon the terms and conditions set forth in Board Agenda Sheet Item No. 21, as subsequent! published and circulated in Oakland Township in said county and state may be revised pursuant to resolution or ordinance adopted by this Board, and upon su seven days a week. standard terms and conditions as specified In the Lease and approved by the Executive Di- rector. That the Section 2. The Executive Director is hereby authorized to execute and the Secretary to attest said Lease. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Lease in accordance with the terms of this ordinance. Unless and until a separate written Lease is duly executed on behalf of the Board as Notice of Public Hearing authorized by this ordinance, is signed and approved as to form and legality by the Port At- torney, and is delivered to Lessee, there shall be no valid or effective Lease. Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption. In Board of Port Commissioners, Oaldand, California, March 7, 2000. Passed to print for one day by the following vote: Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7. Noes: None. Absent: None. Christopher C. Marshall of which the annexed is a printed copy, was published in every issue of Secretary to the Board the OAKLAND TRIBUNE, on the following dates: The Oakland Tribune, #1748643 March 15, 2d00

March 15, 2000

I certifyii(of declare) under the penalty of perjury that the foregoing is true and correct.

/ Samantha Allen-Wise Public Notice Advertising Clerk March 15, 2000 ORIGINAL ne, Oakhint, Tribune do ANG Newspapers Tribune Tower, 401 13th Street, Oakland, CA 94612 Legal Advertising (510) 208-6340

Legal No. 1748643

PROOF OF PUBLICATION

In the matter of:

Port Ordinance No. 3570

That the

Notice of Public Hearing

of which the annexed is a printed copy, was published in every issue of the OAKLAND TRIBUNE, on the following dates:

March 15, 2000

I certify,( declare) under the penalty of perjury that the foregoing is true and correct.

Samantha Allen-Wise Public Notice Advertising Clerk March 15, 2000 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE NO. 3 5 6 9

AN ORDINANCE AMENDING PORT ORDINANCE 1149 RELATING TO LANDING AND TENANT TERMINAL SPACE RENTAL FEES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. Section 2 of Port Ordinance No. 1149 is hereby amended to read in full as follows:

"Section 2. Except as provided in Sections 3, 5 and 7 of this ordinance, or by a written agreement between the Port and an Airline Operator, the following landing fees and operation charges are hereby established for each aircraft using the landing areas, including the helicopter landing areas, at the Airport:

a. For non-based aircraft, other than those described in Subsection c of this Section 2, having a maximum gross landing weight of up to 12,500 pounds, $15.88.

b. For aircraft, other than those described in Subsection c of this Section 2, having a maximum gross landing weight of more than 12,500 pounds or more, the rate shall be $1.27 per 1,000 pounds.

26492 c. For aircraft operated by Airline Operators who lease or license space from the Port in the airline terminal complex; or are listed as a scheduled carrier in the Official Airline Guide; or lease or rent a minimum of 20,000 square feet of land or ramp area on the South Airport on at least a month-to-month basis; or lease or rent a minimum of 2,200 square feet of air cargo building space on the South Airport on at least a month-to- month basis; the rate shall be $1.08 per 1,000 pounds.

d. For based aircraft, described in Subsection c of this Section 2, having a maximum gross landing weight of up to 12,500 pounds the minimum charge per landing will be $13.50 per landing."

Section 2. Section 3 of Port Ordinance No. 1149 is hereby amended to read in full as follows:

"Section 3. A landing fee shall not be assessed against any aircraft making an emergency return to the Airport not having landed at another Airport. The landing fee and operation charge for each nonrevenue producing flight, including but not limited to training and familiarization flights, of aircraft operated by a federally certificated air carrier are hereby established at $.54 for each I f uuu pounus 01 MdXIMUIR yruss idnuiny weiyuL peL aircraft landed by airline operators covered by Section 2c hereof and $.64 for each 1,000 pounds of maximum gross landing weight per aircraft landed by Airline Operators covered by Section 2b hereof."

Section 3. Section 10.01 of Port Ordinance No. 1149 is hereby amended to read in full as follows:

"Section 10.01. Except as otherwise provided by contract, the following charges for space rental of ticketing counters and related office, holding room and baggage area in the Airport Terminal complex are hereby established:

a. Ticketing counter space in Building M-101 and Building M-130, $6.692 square foot per month;

b. Office space behind ticketing counters and in Buildings M-102, M-103, M-104 and M-130 and holding room space, $6.023 per square foot per month;

c. Baggage claim area in Buildings M-101 and M-130, $5.353 per square foot per month; and

20035 2 d. Baggage make-up area, $4.684 per square foot per month.

e. Charter Counter Use - Airline Operators who lease or license the Charter Counter to provide scheduled or nonscheduled service to the Airport:

Charter Counter Use Fee - $125 per four hour use.

Such leasing or licensing of the Charter Counter shall constitute a leasing or licensing of space from the Port for the purposes of Sections 2, subsection c and 10.3, subsection a of this Port Ordinance No. 1149."

Section 4. Section 10.12(a) - (f) of Port Ordinance No. 1149 is hereby amended to read in full as follows:

"Section 10.12. All Airline Operators who are preferentially assigned the use of a ticketing unit and associated jetway gate in the second level of the Airport Terminal Finger Building (M-103) and Terminal II (M-130) shall pay to the Port a second level use fee in the sum of $15,979 per month for each unit and associated jetway gate so assigned. Such assignment shall not include any specific seating areas, but shall include the right for assignees passengers to use any of the common seating areas in said 5euu11u 1eVe1 111 1-±LpuLL 1,ict11dyeL buctii 11d VC 1.110LU secondarily assign any such ticketing unit and associated jetway gate to another Airline Operator, provided that such secondary assignees use of said ticketing unit and associated jetway gate does not unreasonably interfere with the use of the preferential assignee. The fees for secondary use shall be as follows:

a. Charter Counter Use - Airline Operators who lease or license the Charter Counter to provide scheduled or nonscheduled service to the Airport:

Charter Counter Use Fee - $125 per four hour use.

b. Based Tenant Operator with Holdroom Airline Operators who lease or license space from the Port in the airline terminal complex and are assigned the use of a ticketing unit and associated loading bridge gate and are listed as a scheduled carrier providing service to the Airport in the Official Airline Guide:

20035 3 Holdroom and Loading Bridge Charge - $101.40 per enplaning operation.

c. Based Tenant Operator without Holdroom - Airline Operators who lease or license space from the Port or contract with another tenant operator for space in the airline terminal complex and who are not assigned the use of a ticketing unit and associated loading bridge gate and are listed as scheduled carriers providing service to the Airport in the Official Airline Guide:

Holdroom and Loading Bridge Charge - $0.78 per enplaning passenger.

d. Affiliated Operator - Airline Operators who are affiliated with a Base Tenant Operator and are listed as scheduled carriers providing service to the Airport:

Holdroom and Loading Bridge Charge - $0.78 per enplaning passenger.

e. Affiliated Operator using Small Aircraft - Airline Operators who are affiliated with a Based Tenant Operator and are listed as scheduled carriers that provide service to the Airport utilizing aircraft that are too small to be serviced with a loading bridge provided by the Port:

Holdroom Charge - $0.71 per enplaning passenger

f. Non-Based, Non-Tenant Operator - Airline Operators who do not lease or license space from the Port in the airline terminal complex and are not listed as scheduled carriers providing service to the Airport in the Official Airline Guide:

Terminal Use Fee $1.01 per enplaning passenger Holdroom Loading Bridge Charge $.92 per enplaning passenger Security Fee $40.00 per enplaning passenger Baggage Claim Area $.52 per deplaning passenger"

Section 5. The Board of Port Commissioners hereby finds and determines that the imposition of the the changes referred to in Sections 1 - 4 of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Public Resources Code Section 21080(b)(8) and Title 14 of the California Code of Regulations Sections 15273 and 15061(b)(3).

20035 4 Section 6. Section 1-4 of this ordinance shall be effective January 1, 2000 for airlines belonging to the Airline Affiars Committee and effective April 1, 2000 for non-based airlines, ground handlers and car rental companies.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held March 21, 2000 By the following Vote:

Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7

Noes: None

Absent: None BOARD OF PORT COMMISSIONERS CITY OF OAKLAND

PORT ORDINANCE No. 3568 AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A MULTI-YEAR LICENSE AND CONCESSION AGREEMENT WITH LAPTOP LANE LIMITED, AND DIRECTING RECORDATION THEREOF.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:

Section 1. The Board hereby approves and authorizes execution of a Multi-Year License and Concession Agreement ("Agreement") between the CITY OF OAKLAND, a municipal corporation, acting by and through this Board, herein referred to as "Port", and LAPTOP LANE LIMITED, as Licensee, covering an area of approximately 600- 900 square feet of space in Terminal I, and 600 square feet of space in Terminal II, South Airport, Metropolitan Oakland International Airport, Oakland, California, to be used for business centers for passengers, for the term beginning on the date that the business centers open for passenger use (which shall be the effective date of this ordinance and the Port Attorneys approval of the form and legality of said Agreement) and ending July 1, 2003, at 15% of gross sales, with a minimum monthly rental of approximately $500.00 per location, subject to change in accordance with the terms of said Agreement) is hereby ratified, confirmed and approved.

Section 2. The Executive Director is hereby authorized to execute said Agreement provided that it has been approved as to form and legality by the Port Attorney.

Section 5. This Ordinance shall take effect thirty (30) days from and after its final adoption and the Port Attorney is hereby authorized and directed to record said Agreement.

Christopher C. Marshall Secretary to the Board

Adopted at a regular meeting held March 21, 2000 By the following Vote:

Ayes: Commissioners Harris, Kiang, Kramer, Neal, Taylor, Uribe and President Loh - 7

Noes: None

Absent: None

President.

Attest secretary. Approved as to form and legality :

Port Attorne

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