board of port commissioners city of … · scates, uribe and president tagami - 6. noes: none....

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3671

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TOCREATE NEW POSITIONS OF DIRECTOR, SOCIALRESPONSIBILITY AND MARITIME PROJECTSADMINISTRATOR-TRAFFIC REPRESENTATIVE III.

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

Port Ordinance No. 867 is hereby amended to add the followingpositions:

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

13.0 1 Director, Social Responsibility $8,750

12.4 1 Maritime Projects Administrator-Traffic Representative III 244.18

In Board of Port Commissioners, Oakland, California, December 4, 2001. Passed toprint for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates, Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Kramer - 1.

Christopher C. Marshall, Secretary of the Board

Adopted at a regular meeting held December 18, 2001

By the following Vote:

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

Noes:

Absent:

None

None

President.

Attest

Secretary.

Approved as to form and legality:

Attorney

-Hclu.AL

Oakland eibuneLegal No. 0000033528

PORT ORDINANCE NO. 3671c/o ANG Newspapers401 13th StreetOakland, CA 94612Le ‘dvertising(51 _93-2601

PORT OF OAK. LEGAL DEPT530 WATER ST./ARVAYNE M.„OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE #3671

The undersigned deposes that he/she is the Public NoticeAdvertising Clerk of the OAKLAND TRIBUNE, a newspaperof general circulation as defined by Government Code Section

90, adjudicated as suchby the Superior Court of the State of—alifornia, County of Alameda (Order No. 237798. onDecember 4, 1951), which is published and circulated daily insaid county and state, seven days a week.

The PUBLIC NOTICE

was published in every issue of the OAKLAND TRIBUNE on the following date(s):

12/12/01

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

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE NEW POSI-TIONS OF DIRECTOR, SOCIAL RESPONSIBILITY AND MARITIME PROJECTSADMINISTRATOR-TRAFFIC REPRESENTATIVE

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

Port Ordinance No. 867 is hereby amended to add the following positions:

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

13.0 1 Director, Social Responsibility $8,750

12.4 1 Maritime Projects Administrator- 244.18Traffic Representative III

In Board of Port Commissioners, Oakland, California, December 4, 2001. Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates, Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Kramer - 1.

Christopher C. MarshallSecretary of the Board

The Oakland Tribune, #33528December 12, 2001


CITY OF OAKLAND


ORDINANCE AMENDING SECTION 2.1 OF PORT ORDINANCE NO.2832, AS AMENDED, RELATING TO STANDARDS ANDRESTRICTIONS REGULATING THE USE OF LAND AND THE DESIGNAND CONSTRUCTION STRUCTURES AND OTHER IMPROVEMENTS INTHE OAKLAND AIRPORT BUSINESS PARK, AND APPROVING ACEQA EXEMPTION PURSUANT TO CEQA GUIDELINES SECTION15269(C).

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

Section 1. Section 2.1 of Port Ordinance No. 2832 is herebyamended to read as follows:

"2.1 Use. - Each site in the Business Park shallbe used for manufacturing, warehousing,processing, laboratory, office, professional, orresearch and development activities. Hotel andmotel uses shall be permitted in designated areasas shown on the attached Exhibit A. Fee parkinglots shall not be permitted in any area of theBusiness Park, except that a fee parking lot maybe developed by the Port of Oakland to serve theOakland International Airport during the TerminalExpansion Program. This lot is to be located onthe 34-acre parcel north of Swan Way at theintersection with Pardee Drive, between ArrowheadMarsh and the UPS sorting facility. No more than4500 parking spaces will be constructed withseveral prefabricated structures allowed toservice the needs of workers and passengers.This exception will expire at such time that theparking upgrades included under the TerminalExpansion Program are completed. Retail andother commercial uses shall be restricted tosales of goods and services required for theconvenience of occupants of the Business Park;provided, however, that retail uses in the areasdesignated as Retail Areas on the attachedExhibit B shall not be subject to saidrestriction. However, any such permitted retailand commercial uses shall not be objectionable or

34208

detrimental, in the determination of the Board,to adjacent properties by reason of traffic,noise and visual pollution. Automobile servicestations (permitted on Oakport Street,Hegenberger Road, Edgewater Drive and DoolittleDrive only), restaurants, banks and certain otheruses may be approved by the Port upon writtenapplication. No other uses will be permittedthat shall be construed by the Port as beingobjectionable in a garden-type business park.Application for use approval shall be accompaniedby a processing fee, as established by PortOrdinance, which shall be non-refundable and inaddition to all other charges and fees requiredby any other agency."

Section 2. This project (ordinance amendment) is exemptfrom the California Quality Act ("CEQA") pursuant to CEQA GuidelinesSection 15269(c). Said CEQA exemption, for all the reasons stated inthe Port Board's Agenda Sheet accompanying the approval of thisordinance, is hereby approved.

Section 3. This ordinance shall take effect immediatelyupon its final adoption.

In Board of Port Commissioners, Oakland, California, December 4,2001. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Kiang, Protopappas, Scates, Uribe and President Tagami - 6.Noes: None. Absent: Commissioner Kramer - 1.




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

Noes:

Absent:

None

None

President.

Attest Secretary.

Approved as to fprm and legality

Port Attorney

34208

-Hnt544--

Oakland iribuneLegal No. 0000033543

PORT ORDINANCE NO. 3670C/o ANG Newspapers401 13th StreetOa w -nd, CA 94612Le ,dvertising(51u ) 293-2601



In the matter of

ORDINANCE #3670

The undersigned deposes that he/she is the Public NoticeAdvertising Clerk of the OAKLAND TRIBUNE, a newspaper-f general circulation as defined by Government Code Section

00, adjudicated as suchby the Superior Court of the State ofCalifornia, County of Alameda (Order No. 237798. onDecember 4, 1951), which is published and circulated daily insaid county and state, seven days a week.

The PUBLIC NOTICE


12/12/01


ORDINANCE AMENDING SECTION 2.1 OF PORT ORDINANCE NO. 2832, AS AMEND-ED, RELATING TO STANDARDS AND RESTRICTIONS REGULATING THE USE OF LANDAND THE DESIGN AND CONSTRUCTION STRUCTURES AND OTHER IMPROVEMENTSIN THE OAKLAND AIRPORT BUSINESS PARK, AND APPROVING A CEQA EXEMPTIONPURSUANT TO CEQA GUIDELINES SECTION 15269(C).


Section 1. Section 21 of Port Ordinance No. 2832 is hereby amended to read as (allows:

"2.1 Use, - Each site in the Business Park shall be used lor manufacturing, warehousing,processing, laboratory, office, professional, or research and development activities. Hotel andmotel uses shall be permitted in designated areas as shown on the attached Exhibit A. Feeparking lots shall not be permitted in any area of the Business Park, except that a fee parkinglot may be developed by the Port of Oakland to serve the Oakland International Airport duringthe Terminal Expansion Program. This lot is to be located on the 34-acre parcel north of SwanWay at the intersection with Pardee Drive, between Arrowhead Marsh and the UPS sorting la-cility. No more than 4500 parking spaces will be constructed with several prefabricated struc-tures allowed to service the needs of workers and passengers. This exception will expire atsuch time that the parking upgrades included under the Terminal Expansion Program are completed. Retail and other commercial uses shall be restricted to sales of goods and services re-quired for the convenience of occupants of the Business Park; provided, however, that retailuses in the areas designated as Retail Areas on the attached Exhibit B shall not be subject tosaid restriction. However, any such permitted retail and commercial uses shall not be objectionable or detrimental, in the determination of the Board, to adjacent properties by reason oftraffic, noise and visual pollution. Automobile service stations (permitted on Oakpori Street,Hegenberger Road, Edgewater Drive and Doolittle Drive only), restaurants, banks and certainother uses may be approved by the Port upon written application. No other uses will be per-mitted that shall be construed by the Port as being objectionable in a garden-type businesspark. Application for use approval shall be accompanied by a processing fee, as establishedby Port Ordinance, which shall be non-refundable and in addition to all other charges and feesrequired by any other agency."

Section 2. This project (ordinance amendment) is exempt from the California Environmen-tal Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15269(c). Said CEQA exemp-tion, for all the reasons stated in the Port Board's Agenda Sheet accompanying the approval ofthis ordinance, is hereby approved.

Section 3. This ordinance shall take effect immediately upon its final adoption.

In Board of Port Commissioners, Oakland, California, December 4, 2001. Passed to print lorone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates, Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Kramer - 1.


The Oakland Tribune, #33543December 12, 2001


CITY OF OAKLAND


AN ORDINANCE ESTABLISHING A PASSENGER FACILITY CHARGEAND AMENDING SECTION 21 TO PORT ORDINANCE NO. 3634RELATING TO CHARGES FOR USE OF FACILITIES ATMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT, AND MAKINGCERTAIN FINDINGS AND DETERMINATIONS IN CONNECTIONTHEREWITH.

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

Section 1. Port Ordinance No. 3634 is hereby amended byamending Section 21 thereof with the addition of a new Section21(c)(10), as follows:

"c. (10) The PFC established pursuant tothis Section for the projects approved by the FederalAviation Administration ("FAA") by letter datedOctober 27, 2001, and accompanying Record of Decisionshall be paid and collected on each ticket issued onor after the charge effective date and issued beforeOctober 31, 2003, (which is the estimated chargeexpiration date under the Federal Regulations), orbefore such other date as may be specified in writingby the Port or the FAA in accordance with the Actand/or the Federal Regulations."

Section 2. The Board of Port Commissioners hereby finds anddetermines that the establishment and imposition of the PFC pursuant toSection 1 of this ordinance is exempt from the requirements of theCalifornia Environmental Quality Act (CEQA), pursuant to 14 Cal CodeRegs Section 15273(a-4) of the CEQA Guidelines and under 14 Cal CodeRegs Sections 15301 and 15302.

In addition, in view of the minor $3.00 amount of the PFCimposed on each passenger under CEQA Guidelines Section 15061 (a) (3)and the imposition of a PFC since September 1, 1992, pursuant to PortOrdinance Nos. 3106, 3204, 3262, 3306, 3338, 3372, 3524, 3533 and 3575it can be seen with certainty that there is no possibility thatextension of the $3.00 PFC amount will have a significant effect on theenvironment.

36138

The PFC is established and imposed pursuant to the Port's tenthapplication to the FAA and, under the terms and provisions of the FAA'sOctober 27, 2001, approval of the Port's application. The PFCs may beimposed and used for four specific projects. These projects aredescribed in the Port's application, the FAA's approval letter andRecord of Decision and the Board's Agenda Sheet Item No. 4S, datedNovember 20, 2001. Each of said documents is incorporated herein by thisreference.

In Board of Port Commissioners, Oakland, California, November 20,2001. Passed to print for one day by the following vote: Ayes:Commissioners Kiang, Kramer, Protopappas, Scates, Uribe and PresidentTagami - 6. Noes: None. Absent: Commissioner Ayers-Johnson - 1.


Adopted at a regular meeting held December 4 , 2001


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

Noes: None

Absent: Commissioner Kramer - 1

President.

AttestSecretary.

36138

-HrlugelL

Oakland eibuneLegal No. 0000028025

PORT ORDINANCE NO. 3669c/o ANG Newspapers401 13th StreetOakl a nd, CA 94612Le dvertising(5111 1 293-2601



In the matter of

AN ORDINANCE ESTABLISHING A PASSENGER FACILITY CHARGE AND AMENDINGSECTION 21 TO PORT ORDINANCE NO. 3634 RELATING TO CHARGES FOR USE OFFACILITIES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, AND MAKINGCERTAIN 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. 3634 is hereby amended by amending Section 21 Ihereol

with the addition of a new Section 21(c)(10), as follows:

"c. (10) The PFC established pursuant to this Section for the projects approved by the Fed-eral Aviation Administration ("FAA") by letter dated October 27, 2001, and accompanying Re-cord of Decision shall be paid and collected on each ticket issued on or after the charge effec-tive date and issued before October 31, 2003, (which is the estimated charge expiration dateunder the Federal Regulations), or before such other date as may be specified in writing by thePort 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 estab-lishment and imposition of the PFC pursuant to Section 1 of this ordinance is exempt from therequirements of the California Environmental Quality Act (CEQA), pursuant to 14 Cal CodeRegs Section 15273(8-4) of the CEQA Guidelines and under 14 Cal Code Regs Sections15301 and 15302.

In addition, in view of the minor $3.00 amount of the PFC imposed on each passenger un-der CEQA Guidelines 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, 3533 and3575 it can be seen with certainty that thero is no possibility that extension of the $3.00 PFCamount will have a significant effect on the environment.

The PFC is established and imposed pursuant to the Port's tenth application to the FAAand, under the terms and provisions of the FAA's October 27, 2001, approval of the Port's appli-cation. The PFCs may be imposed and used for four specific projects. These projects are de-scribed in the Port's application, the FAA's approval letter and Record of Decision and theBoard's Agenda Sheet Item No. 4S, dated November 20, 2001. Each of said documents is in-corporated herein by this reference.

In Board of Port Commissioners, Oakland, California, November 20, 2001. Passed to printfor one day by the following vote: Ayes: Commissioners Kiang, Kramer, Protopappas, Scates,Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Ayers-Johnson- 1.

Christopher C.Secretary of the Board

The Oakland Tribune, #28025November 28, 2001

The undersigned deposes that he/she is the Public NoticeAdvertising Clerk of the OAKLAND TRIBUNE, a newspaper

r general circulation as defined by Government Code Section)0, adjudicated as suchby the Superior Court of the State of

California, County of Alameda (Order No. 237798. onDecember 4, 1951), which is published and circulated daily insaid county and state, seven days a week.

The PUBLIC NOTICE


11/28/01


PORT ORD. #3669

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND


AN ORDINANCE AUTHORIZING EXECUTION OF LICENSE ANDCONCESSION AGREEMENTS AND GROUND LEASES FORINTERIM CONSOLIDATED RENTAL CAR FACILITY WITH AVISRENT A CAR SYSTEM, INC., FOX RENT A CAR, INC.,BUDGET RENT A CAR SYSTEMS, INC., ENTERPRISE RENT ACAR COMPANY OF SAN FRANCISCO, DOLLAR RENT A CARSYSTEMS, INC., THE HERTZ CORPORATION, NATIONAL CARRENTAL SYSTEM, INC. AND THRIFTY RENT-A-CAR SYSTEM,INC. AND AUTHORIZING CERTAIN EXPENDITURES FORCERTAIN INSURANCE EXPENSES ASSOCIATED WITH SAIDGROUND LEASES.


Section 1. The Board hereby approves and authorizes execution ofLicense and Concession Agreements and Ground Leases between the CITY OFOAKLAND, a municipal corporation, acting by and through this Board,herein referred to as "Port", and each of the following rental caragencies: Avis Rent A Car System, Inc;, Fox Rent A Car, Inc., BudgetRent A Car Systems, Inc., Enterprise Rent A Car Company of SanFrancisco, Dollar Rent A Car Systems, Inc., The Hertz Corporation,National Car Rental System, Inc. and TRAC Team, Inc. (Thrifty Rent-A-CarSystem, Inc.), the property subject to the Ground Leases covering anarea of approximately 14.7 acres, at the intersection of Doolittle Driveand Langley Street, Oakland, California, to be used for an interimconsolidated rental car facility, for an eight-year term for the groundleases and a five-year term for the License and Concession Agreements,both commencing on or about December 1, 2001, or such other date as maybe determined by execution of such lease and agreements, together withoptions to extend, with rent estimated to be approximately $1.46 millionper year, as more fully set forth in Agenda Sheet Item 1 dated November20, 2001.

Section 2. The Executive Director is hereby authorized to executesaid License and Concession Agreements and Ground Leases provided thateach such contract has been approved as to form and legality by the PortAttorney.

Section 3. The Board hereby finds and determines that it is in thebest interest of the Port to contract with each such rental car agencywith respect to the Ground Leases and the construction referenced to inthe above-referenced Agenda Sheet without competitive bidding.

36137

Section 4. The Board authorizes the purchase of pollution legalliability insurance for the premises and the appropriate agreements withthe eight participating rental car agencies for recovery of costsassociated with the purchase of such insurance.

Section 5. The Board hereby finds and determines that this projecthas been determined to be categorically exempt from requirements of theCalifornia Environmental Quality Act pursuant to Section 15269(c).

Section 6. This ordinance is not evidence of and does not createor constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of a contract, Lease orgrant of rights in accordance with the terms of this ordinance. Unlessand until a separate written contract, Lease or grant is duly executedon behalf of the Board as authorized by this ordinance, is signed andapproved as to form and legality by the Port Attorney, and is deliveredto the contracting party, lessee or grantee, there shall be no valid oreffective contract, Lease or grant.

Section 7. This Ordinance shall take effect thirty (30) days fromand after its final adoption and the Port Attorney is hereby authorizedand directed to record said Agreement.

In Board of Port Commissioners, Oakland, California, November 20, 2001. Passed to printfor one day by the following vote: Ayes: Commissioners Kiang, Kramer, Protopappas, Scates,Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Ayers-Johnson - 1.




Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates,

Uribe and President Tagami - 6

Noes:

Absent:

None

Commissioner Kramer - 1

Ap, s ed as to legality :

Attest

President.

Secretary.

Port ttorney

36137

--HntrAALAdvertising Clerk

I Mune Legal No. 0000028015

PORT ORDINANCE NO. 3668c/o ANG Nov Japers401 13th S!'eOakland, CA 94612Lei dvertising(51u, _93-2601


.,,OF OF PUBLICATION

In the rr;i` A- of

ORD. NO. 3668

The tindeisigned deposes that he/she is the Public NoticeAdvertisiag Clerk of the OAKLAND TRIBUNE, a newspaperof gener,V circulation as defined by Government Code Section

'ICI, adjudicated as such by the Superior Court of the State of_.alifornia, County of Alameda (Order No. 237798. on

December 4, 1951), which is published and circulated daily insaid county and state, seven days a week.

The PUBLIC NOTICE


11/28/01

I certify (or decare) der the penalty of perjury that the foregoing is true andcorrect.

AN ORDINANCE AUTHORIZING EXECUTION OF LICENSE AND CONCESSION AGREE-MENTS AND GROUND LEASES FOR INTERIM CONSOLIDATED RENTAL CAR FACILITYWITH AVIS RENT A CAR SYSTEM, INC., FOX RENT A CAR, INC., BUDGET RENT A CARSYSTEMS, INC., ENTERPRISE RENT A CAR COMPANY OF SAN FRANCISCO, DOLLARRENT A CAR SYSTEMS, INC., THE HERTZ CORPORATION, NATIONAL CAR RENTALSYSTEM, INC. AND THRIFTY RENT-A-CAR SYSTEM, INC. AND AUTHORIZING CERTAINEXPENDITURES FOR CERTAIN INSURANCE EXPENSES ASSOCIATED WITH SAIDGROUND LEASES.

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 License and Conces-

sion Agreements and Ground Leases between the CITY OF OAKLAND, a municipal corpora-tion, acting by and through this Board, herein referred to as "Port", and each of the followingrental car agencies: Avis Rent A Car System, Inc:, Fox Rent A Car, Inc., Budget Rent A CarSystems, Inc., Enterprise Rent A Car Company of San Francisco, Dollar Rent A Car Systems,Inc., The Hertz Corporation, National Car Rental System, Inc. and TRAC Team, Inc. (ThriftyRent-A-Car System, Inc.), the property subject to the Ground Leases covering an area of ap-proximately 14.7 acres, at the intersection of Doolittle Drive and Langley Street, Oakland, Cali-fornia, to be used for an interim consolidated rental car facility, for an eight-year term for theground leases and a five-year term for the License and Concession Agreements, both com-mencing on or about December 1, 2001, or such other date as may be determined by execu-tion of such lease and agreements, together with options to extend, with rent estimated to beapproximately $1.46 million per year, as more fully set lorth in Agenda Sheet Item 1 dated No-vember 20, 2001.

Section 2. The Executive Director is hereby authorized to execute said License and Con-cession Agreements and Ground Leases provided that each such contract has been approvedas to form and legality by the Port Attorney.

Section 3. The Board hereby finds and determines that it is in the best interest of the Portto contract with each such rental car agency with respect to the Ground Leases and the con-struction referenced to in the above-referenced Agenda Sheet without competitive bidding.

Section 4. The Board authorizes the purchase of pollution legal liability insurance for thepremises and the appropriate agreements with the eight participating rental car agencies for re-covery of costs associated with the purchase of such insurance.

Section 5. The Board hereby finds and determines that this project has been determined tobe categorically exempt from requirements of the California Environmental Quality Act pur-suant to Section 15269(c).

Section 6. This ordinance is not evidence of and does not create or constitute (a) a con-tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li-ability on the part of the Board or any officer or employee of the Board. This ordinance appro-ves and authorizes the execution of a contract, Lease or grant of rights in accordance with theterms of this ordinance. Unless and until a separate written contract, Lease or grant is dulyexecuted on behalf of the Board as authorized by this ordinance, is signed and approved as toform and legality by the Port Attorney, and is delivered to the contracting party, lessee or grant-ee, there shall be no valid or effective contract, Lease or grant.

Section 7. This Ordinance shall take effect thirty (30) days from and after its final adoptionand the Port Attorney is hereby authorized and directed to record said Agreement.

In Board of Port Commissioners, Oakland, California, November 20, 2001. Passed to printfor one day by the following vote: Ayes: Commissioners Kiang, Kramer, Protopappas, Scates,Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Ayers-Johnson- 1.


The Oakland Tribune, #28015November 28, 2001


CITY OF OAKLAND


ORDINANCE FORMULATING AND ESTABLISHINGCONDITIONS AND PROCEDURES FOR CONTRACTSWITH AND EMPLOYMENT OF FORMER MEMBERS OFTHE BOARD.

WHEREAS, the manner in which the Board of PortCommissioners for the City of Oakland lets and administerscontracts for public works and for goods, services and employmentis a municipal affair; and

WHEREAS, the Board wishes to set forth guidelines andconditions for the employment of and contracts with formerMembers of the Board after departure from office in order toavoid any appearance of conflict of interest in such employmentor contracts; and therefore


Section 1. It is the policy of the Port of Oaklandthat former Members of the Board are ineligible for employment byor contracts with the Port for a period of one year after theMember's term has ended or the Member has otherwise left office.

Section 2. For a period of one year after the Memberleaves office contracts with any entity in which the formerMember has an equity interest are prohibited, unless the Member'sinterest would qualify as a "remote interest" under Government

Code 6 1091 or would be deemed not an interest under GovernmentCode 6 1091.5 as applied were the former Member still serving onthe Board.

Section 3. Contracts with former Members areprohibited without time limitations after leaving office if thecontractual relationship relates to matters the Member may haveconsidered or advised before departure from the Board.

34740

Attest -4 Secretary.

Section 4. Any contract entered into in violation ofthis Ordinance is null and void; and any compensation orconsideration paid by the Port must be returned to the Port withinterest at the legal rate.

Section 5. No former Member of the Board, for a periodof one year after leaving office, shall for compensation act asagent, representative or otherwise as advocate on behalf of anyother person by making any written or oral communication to Portstaff, the Board or Board Members or appearance before the Boardor any of its committees for the purpose of influencing decisionson contracts or other matters pending before the Board or any ofits committees.

Section 6. This ordinance shall take effect thirty(30) days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, October 2,2001. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Kiang, Protopappas, Scates and President Tagami - 5. Noes:Commissioner Uribe - 1. Absent: Commissioner Kramer - 1.


Adopted at a regular meeting held October 16 , 2 001



Noes: None

Absent: None

President.

39790

.7q.61u,,AL

The OakimAnd TribuneC/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

208-6306

Legal No. 0000007973


ORDINANCE FORMULATING ANDESTABLISHING CONDITIONS AND

PROCEDURES FOR CONTRACTS WITH AND EMPLOYMENT OF FORMERMEMBERS OF THE BOARD.



In the matter of


The undersigned below, deposes and says that he/she was the Public Noticetising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation asad 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 insaid county and state, seven days a week.

WHEREAS, the manner in which the Board of Port Commissioners for the City of Oaklandlets and administers contracts for public works and for goods, services and employment is amunicipal affair; and

WHEREAS, the Board wishes to set forth guidelines and conditions for the employment ofand contracts with former Members of the Board after departure from office in order to avoidany appearance of conflict of interest in such employment or contracts; and therefore


Section I. It is the policy of the Port of Oakland that former Members of the Board are ineligible for employment by or contracts with the Port for a period of one year after the Membersterm has ended or the Member has otherwise left office.

Section 2. For a period of one year alter the Member leaves office contracts with any entityin which the former Member has an equity interest are prohibited, unless the Member's interestwould qualify as a "remote interest" under Government Code ( 1091 or would be deemed notan interest under Government Code ( 1091.5 as applied were the former Member still servingon the Board.

Section 3. Contracts with former Members are prohibited without time limitations alter leav -ing office if the contractual relationship relates to matters the Member may have considered oradvised before departure from the Board.

Section 4. Any contract entered into in violation of this Ordinance is null and void: and anycompensation or consideration paid by the Port must be returned to the Port with interest atthe legal rate.

Section 5. No former Member of the Board, for a period of one year after leaving office,shall for compensation act as agent, representative or otherwise as advocate on behalf of anyother person by making any written or oral communication to Port staff, the Board or BoardMembers or appearance before the Board or any of its committees for the purpose of influenc -ing decisions on contracts or other matters pending before the Board or any of its committees.

Section 6. This ordinance shall take effect thirty (30) days trom and after its final adoption.

In Board of Port Commissioners, Oakland, California, October 2, 2001, Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates and President Tagami - 5. Noes: Commissioner Uribe - 1. Absent: CommissionerKramer - 1.


The Oakland Tribune, #7973October 10,2001

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

10/10/01


That thePUBLIC NOTICE


CITY OF OAKLAND

PORT ORDINANCE No. 3666

AN ORDINANCE ESTABLISHING A LIVINGWAGE REQUIREMENT.

WHEREAS the Board of Port Commissioners desires to establisha policy providing for payment of a prescribed minimum level ofcompensation to employees of Port contractors and recipients of Portsubsidies; and

WHEREAS the following conditions and procedures are herebyadopted; now therefore,


Statement of Purpose

1. The Board of Port Commissioners is vested with thecomplete and exclusive power to make decisions concerning theexpenditure of Port funds, whether such funds are expended within thePort Area or outside the Port Area.

2. The Port of Oakland awards many contracts to privatefirms to provide services to the public and to the Port.

3. The Port of Oakland provides subsidies and grants tononprofit organizations and governmental entities for the benefit ofthe public.

4. The Port of Oakland has an interest in promoting anemployment environment in which nothing less than a prescribed minimumlevel of compensation is paid to employees of firms contracting withthe Port to provide services to the Port.

5. The Port of Oakland also has an interest in promotingan employment environment in which nothing less than a minimum levelof compensation is paid to the employees of nonprofit organizationsreceiving subsidies or grants from the Port.

6. The Port of Oakland has an interest in encouragingcontractors or subsidized organizations to provide health carebenefits to their employees or to provide their employees with anemployer contribution toward the cost of health benefits.

34836

Section 1. Title and Purpose

This Ordinance shall be known as the "Port of Oakland LivingWage Ordinance." The purpose of this Ordinance is to require thatnothing less than the prescribed minimum level of compensation (livingwage) be paid to employees of Port service contractors and recipientsof Port financial assistance and their respective subcontractors.

Section 2. Definitions

"Contractor" means any person employing five (5) or moreindividuals that enters into a service contract with the Port in anamount equal to or greater than $25,000.

"Covered Activities" means the activities funded by the Portservice contract or the activities for which a nonprofit organizationreceives Port Assistance.

"Employee" means any individual who is employed as a serviceemployee of a contractor or subcontractor under the authority of oneor more Service Contracts and who expends any of his or her time onCovered Activities, including but not limited to clerical and supportstaff; provided, however, Employee shall not include any individualwho expends less than twenty five percent (25 96) of his or hercompensated time on Covered Activities.

"Employer" means any person who is a Port Assistancerecipient, Contractor or subcontractor.

"Nonprofit organization" means a nonprofit organizationdescribed in Section 501(c)(3) of the Internal Revenue Code which isexempt from taxation under Section 501(c)(3) of that code, or anynonprofit educational organization qualified under Section 23701(d) ofthe California Revenue and Taxation Code.

"Person" means any individual, proprietorship, partnership,joint venture, corporation, limited liability trust, association, orother entity that may employ individuals or enter into contracts.

"Port Assistance" means direct assistance in the form ofgrants or financial subsidies in an amount of $100,000 or more in anyfiscal year.

"Service Contract" means a contract by the Port for thefunding of services to or for the Port, except where services areincidental to the delivery of products, equipment or commodities, andthat involves an expenditure equal to or greater than $25,000. Acontract for the purchase or lease of goods, products, equipment,supplies or other property is not a "service contract" for purposes ofthis definition. A construction contract covered by a local, state orfederal prevailing wage statute is not a "service contract".

2 34836

"Subcontractor" means any person who enters into a contractwith a Contractor to assist the Contractor in performing a ServiceContract or with a Port Assistance recipient to assist the recipientin performing the work for which the Port Assistance is being given orto perform services on the property, which is the subject of PortAssistance.

"Trainee" means a person enrolled in a bona fide jobtraining program recognized as such by the Port.

Section 3. Payment of Minimum Compensation to Employees

(a) Wages: Employers shall pay employees a wage of noless than the hourly rates set under the authority of this Ordinance.The initial rate for fiscal year 2001-2002 shall be $9.13 per hourworked with health benefits, as described below, or otherwise $10.50per hour. Such rates shall be upwardly adjusted annually inproportion to the increase on December 31 of each year over theimmediately preceding December 31 of the Consumer Price Index - U forthe San Francisco - Oakland - San Jose Area. The Port shall publish abulletin by April 1 of each year announcing the adjusted rates, whichshall take effect on the following July 1. The adjusted rates forfiscal year 2001-2002 are $9.13 per hour worked with health benefitsand $10.50 without health benefits.

(b) Health Benefits: Health benefits required by thisOrdinance shall consist of the payment of at least $1.25 per hourworked toward the provision of health care benefits for employeesand/or their dependents. Employees who decline health benefits shall.not qualify for the higher wage rate established in (a) above.

(c) Compensated Days Off: Employees shall be entitled toat least twelve (12) compensated days off for sick leave, vacation orpersonal necessity upon reasonable request. Employees who work parttime shall be entitled to accrue compensated days off in incrementsproportional to that accrued by full-time employees. Employees shallbe eligible to use accrued days off after the first 6 months ofsatisfactory employment or consistent with employer policy, whicheveris sooner. Paid holidays, consistent with established employerpolicy, may be counted toward provision of the required 12 compensateddays off.

Section 4. Exemptions

The Requirements of this Ordinance to pay minimumcompensation shall not be applicable to the following employees:

(a) Employees of Port tenants, subtenants, licensees,concessionaires, franchisees, permittees or grantees of rights ofentry.

(b) Employees of subtenants or licensees of the City ofOakland occupying Port property pursuant to an agreement which iscovered by the City of Oakland's Living Wage Ordinance.

3 34836

(c) An employee participating in a bona fide temporary jobtraining program in which a significant component of the employees'compensation consists of acquiring specialized knowledge, abilities orskills in a recognized trade.

(d) An employee who is under 21 years of age, employed bya governmental agency or nonprofit organization for after school orsummer employment, or as a trainee for a period of not longer than 90days.

(e) An employee working for the employer less than 20hours per week for a period not longer than 6 months.

(f) An employee working for an employer who employs 5 orfewer employees.

(g) Employees of employers who have obtained a waiver fromthe Port of the applicability of this Ordinance as provided herein.

(h) When the Board of Port Commissioners finds anddetermines that waiver of the applicability of the requirements ofthis Ordinance to a particular service contract is in the bestinterest of the Port.

(i) Volunteers who are not compensated for their workother than for incidental expenses or stipends.

(j ) Employees of contractors on Port public works projectssubject to the requirements of Division 2, Part 7, of the CaliforniaLabor Code, or subject to the provisions of a comparable federal,state or local prevailing wage requirement.

Section 5. Waiver

A service contractor or Port assistance recipient may applyto the Executive Director or his assignee for a waiver of theapplicability of the requirements of this Ordinance to a particularservice contract or award of Port assistance. Such application forwaiver shall set forth with specificity the reasons why the servicecontractor or Port assistance recipient is unable to comply with therequirements of this Ordinance. Any application for waiver must bemade and acted upon prior to execution of a service contract or awardof Port assistance.

Section 6. Emergency; Suspension

(a) Emergency: The Executive Director may suspend theapplicability of this Ordinance in whole or in part for a maximum ofthirty (30) days upon finding of an emergency.

(b) Suspension: The Board of Port Commissioners reservesthe right to suspend the applicability of this Ordinance by adoption

4 34836

of a Resolution setting forth the basis for suspension and theduration of the suspension.

Section 7. Retaliation and Discrimination Prohibited

(a) No employer shall retaliate or discriminate against anemployee in his or her terms and conditions of employment by reason ofthe individual's status as an employee protected by the requirementsof this Ordinance.

(b) No employer shall retaliate or discriminate against anindividual in his or her terms and conditions of employment by reasonof the individual reporting a violation of this Ordinance or forprosecuting an action for enforcement of this Ordinance.

Section 8. Employee Complaints to Port

(a) An employee who alleges violation of any provision ofthe requirements of this Ordinance may report such acts to the Port.The Executive Director may establish a procedure for receiving andinvestigating such complaints and take appropriate enforcement action.

(b) Any complaints received shall be treated as confidentialmatters, to the extent permitted by law. Any complaints received andall investigation documents related thereto shall be deemed exemptfrom disclosure pursuant to California Government Code, Sections 6254and 6255.

Section 9. Employees' Private Right of Action to Enforcethis Ordinance; Damages, Back Pay, Reinstatement, Reasonable AttorneysFees and Costs

(a) An employee claiming violation of this Ordinance maybring an action in the Municipal Court or Superior Court of the Stateof California, as appropriate, against an employer and obtain thefollowing remedies:

(1) Back pay for each day during which the employerfailed to pay the compensation required by this Ordinance.

(2) Reinstatement, compensatory damages and punitivedamages.

.(3) Reasonable attorney's fees and costs.

(b) Notwithstanding any provision of this Ordinance or anyother ordinance to the contrary, no criminal penalties shall attachfor any violation of this article.

(c) No remedy set forth in this Ordinance is intended to beexclusive or a prerequisite for asserting a claim for relief toenforce any rights hereunder in a court of law. This Ordinance shallnot be construed to limit an employee's right to bring a common lawcause of action for wrongful termination.

5 34836

(d) Nothing in this Ordinance authorizes any person to bringan action against the Port and nothing in this Ordinance authorizes aright of action against the Port for the Port's failure to take actionhereunder.

(e) Nothing in this Ordinance shall require the Port to takeany action authorized herein, and nothing in Ordinance shall beinterpreted as requiring the Port to take or refrain from taking anyaction.

Section 10. Monitoring, Investigation and Compliance

(a) The Executive Director is authorized to develop andimplement procedures to carry out the purposes of this Ordinance, andis authorized to promulgate regulations to insure the implementationof this Ordinance, including but not limited to regulations forresolution of employee complaints and regulations for monitoring theoperations and compliance of employers, which may include establishingrequirements for employers submission to the Port of employmentrecords and requirements for uncompensated days off.

(b) Penalties imposed on employers who violate thisOrdinance shall include but not be limited to any or all of thefollowing:

(1) Suspension and/or termination of the servicecontract, subcontract or Port Assistance.

(2) Repayment of any or all sums paid by the Port.

(3) Deeming the employer ineligible for future Portcontracts or Port Assistance.

(4) Payment of a fine payable to the Port of $500 foreach week for each employee found by the Port not to have been paid inaccordance with this Ordinance;

(5) Payment of wages to affected employees inaccordance with this Ordinance, including wage restitution.

Section 11. Obligations of Employers

(a) Employers shall inform all employees earning less than$12 per hour of their possible right to the earned income credit.

(b) Employers shall file a declaration of compliance withtheir obligations under this Ordinance under penalty of perjury and asconsideration for receipt of payment from the Port, in substantiallythe form of the Certificate of Compliance set forth in Section 17, asit may be modified from time to time by regulations adopted hereunder.

Section 12. Collective Bargaining Agreement

6 39836

The provisions of this Ordinance, or any part hereof, may bewaived by a bona fide collective bargaining agreement, but only if thewaiver is explicitly set forth in such agreement.

Section 13. Effective Date

This Ordinance shall apply to service contracts and awardsof Port assistance entered into after the effective date of thisOrdinance. In the event that a contract is amended after theeffective date and such amendment results in expenditure of Port fundsin an amount otherwise covered by this Ordinance, the terms of thisOrdinance shall apply to wages payable to employees from and after theeffective date of such amendment.

Section 14. Review

The Executive Director shall periodically report to theBoard on the effects and implementation of this Ordinance.

7

34836

Section 15. Regulations

The Executive Director is hereby authorized to adopt andpromulgate regulations, consistent with this Ordinance, as shall benecessary or convenient to implement this Ordinance.

Section 16. Severability

In the event any provision of this Ordinance is held invalidor unenforceable by any court of competent jurisdiction, such holdingwill not invalidate or render unenforceable any other provisionshereof.

Section 17. Form of Certificate of Compliance with Portof Oakland Living Wage Ordinance

(a) The undersigned (hereafter "Contractor") submits thiscertificate under penalty of perjury and as a condition of payment ofits invoice(s) for services provided under theagreement between the Port and Contractor.

(b) Contractor hereby certifies that all Employees ofContractor engaged in Covered Activities (both as defined in PortOrdinance No. (hereafter the "Port's Living Wage Ordinance")shall be compensated in compliance with the requirements of the Port'sLiving Wage Ordinance.

(c) Contractor acknowledges that the Port is relying onContractor's certification of compliance with the Port's Living WageOrdinance as a condition of payment of Contractor's invoice(s).

(d) Contractor hereby certifies that claims, records andstatements relating to Contractor's compliance with the Port's LivingWage Ordinance are true and accurate, that such claims, records andstatements are made with the knowledge that the Port will rely on suchclaims, records and statements, and that such claims, records andstatements are submitted to the Port for the express benefit ofContractor's Employees engaged in Covered Activities.

8 34836

(e) All terms used herein and not defined shall have themeaning ascribed to such terms in the Port's Living Wage Ordinance.

In Board of Port Commissioners, Oakland, California, October 2,2001. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Kiang, Protopappas, Scates, Uribe and President Tagami - 6.

Noes: None. Absent: Commissioner Kramer - 1.


Adopted at a regular meeting held October 16, 2001


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

Noes: NoneAbstained: Commissioner Kramer - 1

Absent: None

President.

AttestSecretary.

Approved as to form and legality:

Port Attorney

35751

9

34836

President.



AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TOCREATE NEW POSITIONS.


Port Ordinance No. 867 is hereby amended to add the followingpositions:

Section No. of

No. Positions TitleSalary or

Schedule No.

12.30 1 Maritime Public Works/Rail SafetySpecialist 103

9.088 1 Lead Painter 101

In Board of Port Commissioners, Oakland, California, October 2, 2001. Passed toprint for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang,Protopappas, Scates, Uribe and President Tagami - 6. Noes: None. Absent:Commissioner Kramer - 1.

Adopted at ar egular


held,- October 16, 2001meeting

By the following Vote:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas,Scates, Uribe and President Tagami- 7

None

None

Attest

Secretary.

Apprcv,ed as to form and legality:

Ayes:

Noes:

Absent:

Port Attorney

-4:Du(AL

Legal No. 0000008062The OalLAnd TribunePORT ORDINANCE NO. 3665

AN ORDINANCE AMENDING PORTORDINANCE NO. 867

TO CREATE NEW POSITIONS.


Port Ordinance No. 867 is herebyamended to add the following positions:

Section No. ofNo. Positions

12.30 1

9,088 1

Title Salary or Schedule No.

Maritime Public Works/ 103Rail Safety Specialist

Lead Painter 101

In Board of Port Commissioners, Oakland, California, October 2, 2001. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang,Protopappas, Scates, Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Kramer - 1.


Adopted at a meeting held


Ayes:

Noes:

Absent:

President.

AttestSecretary.Approved as to form and legality:

c/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

-`1208-6306


PROOF OF PUBLICATIONFILE NO. PORT ORD# 3665

In the matter of

ORDINANCE NO. 867TO CREATE NEW POSITIONS.

The undersigned below, deposes and says that he/she was the Public Noticertising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation as

..fid by Government Code Section 6000 adjucated as suchby ,ne Superior Court of the State of California, County of Alameda (Order Nos.237798. December 4, 1951) which is published and circulated in Oakland Township insaid county and state, seven days a week.

That the

Port Attorney

The Oakland Tribune, #8062October 10, 2001

PUBLIC NOTICE


10/10/01




ORDINANCE AMENDING PORT ORDINANCE NO.3549 RELATING TO ESTABLISHING RULES ANDREGULATIONS FOR THE USE OF METROPOLITANOAKLAND INTERNATIONAL AIRPORT, AND FORTHE PROTECTION OF PERSONS AND PROPERTY;PRESCRIBING PENALTIES

WHEREAS, the Port has adopted a Quality Standards Programfor airport security personnel as defined in CFR part 108 to be addedto the Metropolitan Oakland International Airport Rules andRegulations adopted by Port Ordinance No. 3549; and


Section 1. Port Ordinance No. 3549 shall be and the same ishereby amended by adding thereto a new SECTION 12, to read as follows:

"SECTION 12. Quality Standards Program for CheckpointSecurity Screeners.

1.1 OVERVIEW. The Board of Port Commissioners hasadopted the Quality Standards Program for Checkpoint SecurityScreeners (the "Program") as referenced in the Airport Rules andRegulations. The Program is being implemented to enhance the securityand safety at Oakland International Airport (the "Airport"). TheProgram applies to any firm, including airline tenants and third partyvendors (collectively, "Covered Employers") which employ personnelinvolved in checkpoint security screening at the Airport.

The Program is part of Airport Rules andRegulations. Covered Employers will still be required to be incompliance with all other applicable Federal rules and regulations andAirport operating requirements, including those in their respectiveleases and permits, Rules and Regulations, and Airport Directives. Ifthe Federal Aviation Administration or other Federal agency passes anyregulations or laws that are inconsistent with these regulations, theFederal regulations or laws will preempt this program.

35346

2.1 GENERAL STANDARDS. The Program will focus onfour general areas:

Section• Hiring practices

• Training

General Standards High school diploma or equivalentwork experience.English proficiency

Initial training program, Recurrenttraining programRecord retention guidelines

• Equipment standards Routine maintenance programResponse time for non routinemaintenance

• Compensation and benefits Total minimum hourly compensation of:$10.00 with benefits$11.25 without benefits

3.1 TYPES OF EMPLOYEES COVERED BY THE PROGRAM. TheProgram is applicable to employees of Covered Employers who aredirectly involved in passenger and facility checkpoint securityscreening. The Program is applicable to all existing Covered Employersas well as new entrants.

Part 108 of Federal Aviation Regulations (FAR)governs air carriers and their Covered Employers and sets forth basicquality standards for all areas outlined above except compensation.Airport Staff have developed enhanced quality standards for CoveredEmployers in this category to ensure the highest level of security atOakland International Airport. Standards will be deemed updated toreflect changes in FAR Part 108 or other Federal requirements that maybe pertinent to the application of this program to covered employees.

4.1 EFFECTIVE DATE. The requirements of this programare effective immediately upon adoption of the implementing ordinanceby the Board of Port Commissioners.

5.1 QUALITY STANDARDS FOR COVERED EMPLOYERS. Thefollowing standards shall apply to all employees of Covered Employerswho are directly involved in passenger and facility checkpointsecurity screening.

NOTE: These requirements match Federal regulatory requirements unlessotherwise noted.

5.2 HIRING PRACTICES (Employment Standards).

a. High school graduate, GED, or a combination ofeducation and experience that equip thecandidate to perform the screening function.

b. Has basic aptitudes and physical abilitiesincluding visual and aural acuity, colorperception and motor skills.

35346

c. Demonstrates current knowledge and skillsnecessary to courteously, vigilantly andeffectively perform screening functions.

d. Ability to hear and respond to the spoken wordin the work environment.

e. Ability to read, speak and write in English.

f. Ability to understand, provide direction andanswer questions from English speakingpatrons.

g. *Verbally communicates effectively andunderstandably with members of the public,emergency response operators, law enforcementpersonnel, and supervisory personnel in theEnglish language under high-stress conditionssuch as security breaches. Continuallydemonstrates this ability to make appropriatecommon-sense judgmental decisions on the basisof these instructions or criteria.

h. *Ability to assess complex or unusualsituations and refer issues appropriately tosuperiors for their guidance or decision.

i. *Is consistently firm but tactful; stands hisor her ground in accordance with instructions.Is not swayed by apparent rank or economicstatus of persons subject to his or herdecisions.

j. *Demonstrates a satisfactory ability toobserve, and report, pertinent details of anincident accurately, consistently, andcompletely. Such details may include, but arenot limited to, physical descriptions ofpersons and their attire, vehicles includinglicense numbers and other descriptiveinformation, directions taken by such personsand vehicles beyond the employee's post,description of actions taken by the subjectand the employee in a chronological sequence.

(* Designates Airport Standard in addition to current FARrequirements)

5.3 TRAINING.

a. Employee must attend and pass annual trainingas specified in FAR 108 and/or airline's FAA-approved Security Program.

b. Employers must provided training as specifiedin airline's FAA-approved Security Program.

c. Employer maintains current employee trainingrecords as specified in FAR 108 and/orairline's FAA approved Security Program.

35346

d. * Successfully passes tests of the employee'sdetection and judgmental skills with a scoreof at least 85%. A Remedial Testing Programis provided for employees involved incheckpoint failures.

(* Designates Airport Standard in addition to current FARrequirements)

5.4 EQUIPMENT STANDARDS.

a. Uses screening and other equipment as approvedand specified in airline's FAA approvedSecurity Program.

b. Complies with Federal and State radiationsafety requirements.

c. Maintains equipment as specified in airline'sFAA approved Security Program.

5.5 COMPENSATION AND BENEFITS.

Covered Employers are required to ensure thatcheckpoint security screeners receive a minimum level of compensationand/or benefits. The implementation of a compensation and benefitspackage in response to the Program shall not result in the reductionof the overall value of the existing compensation and benefitsprogram. An employee who chooses not to accept the specified benefitsis not automatically entitled to the higher compensation.

(a) Compensation

Total compensation must achieve the following minimumlevels:

With Benefits Without Benefits$10.00 per hour $11.25 per hour

• The minimum compensation level will be adjustedannually in accordance with the San Francisco-OaklandBay Area All Urban Consumers - Consumer Price Index(CPI-U)

• Adjustments to the minimum, based on October data,will be effective January 1 st of each year thereafter

• The first such CPI adjustment will be effectiveJanuary 1, 2002

(b) Benefits

• Company paid membership in a group medical plan, atleast equivalent to the group rate of an HMOmembership with the most members in California. (Thisbenefit must become effective no later than 90 daysafter employment.)

35346

• Twelve (12) paid days off per year

• Ten (10) days of unpaid leave per year

• Paid and unpaid days off may be accrued during thefirst year of employment

• All paid leave must be exhausted prior to use ofunpaid leave

6.1 MANAGEMENT AND OVERSIGHT.(All are Airport Standards in addition to FAR requirements)

a. Each covered employer shall establish andcarry out an internal quality assuranceprogram to include:

(i) A procedure to monitor performance,including incident reports and personnelfeedback, to identify existing problems orpotential causes of problems, in assignedsecurity duties.

(ii) A procedure for corrective action toensure that existing problems that havebeen identified are corrected.

(iii)A procedure for preventive action toensure that potential causes of problemsthat have been identified are remedied.

(iv) An internal audit program to audit theCovered Employer's organization forcompliance with (1) Federal regulationsand security programs and (2) Airportrequirements.

(v) Unless otherwise authorized by theAirport, a director of quality assurancewho is independent from operations andtraining functions and who manages thequality assurance program.

b. As part of its quality assurance program, theCovered Employer shall test and evaluate theperformance of its personnel operating at theAirport, and shall secure the Airport'sapproval of the frequency and the manner ofsuch tests and evaluations. Test andevaluation protocols conducted in compliancewith Federal Aviation Regulations (FAR) andFAA-approved security programs need not besubmitted for Airport approval, other than anannual letter to the Airport certifying theCovered Employer's compliance with Federalrequirements and referencing each such Federalrequirement.

35346

c. When a Covered Employer using Airport-providedsystems or facilities (e.g., access controlmechanisms or gates) in the conduct of itscontracted security duties experiences afailure of any such systems or facilities, theCovered Employer shall immediately (i.e.,moment of knowledge) advise both the Airportand its client of such failure and of thoseinterim measures being taken by the CoveredEmployer pending repair or replacement of suchsystems or facilities.

Annually, and upon change of assignment or required information, theCovered Employer shall identify to the Airport the name, address,telephone, and fax numbers, and e-mail address if applicable, of aregional or corporate employee performing the quality assurancefunctions identified above.

If the Federal Aviation Administration or other Federal agency passesany regulations or laws that are inconsistent with these regulations,the Federal regulations or laws will preempt this program.

7.1 PROCESS.

(a) Annual Certification and Audit Rights.

On or before April 1 St of each year, each CoveredEmployer shall deliver to the Director ofAviation a statement certifying that it is incompliance with the Program. The Airportreserves the right to review and audit suchcompliance at any time. Airport staff willconduct all audits to ensure continuingcompliance. If at any time a Covered Employer isfound to be out of compliance, the Airport willgive notice to the Covered Employer and allow areasonable cure period to address the noteddeficiency, unless such deficiency is consideredan endangerment, at which point operations mustcease until the deficiency is corrected. Suchnotice to third party Covered Employers willinclude a copy to all known airlines contractingfor the Covered Employer's service at theAirport.

(b) Default

Any non-compliance with the Program will beconsidered a default under the Covered Employer'sagreement with the Airport. If the default isnot cured within the time period specified in theAirport's notice, the Airport may exercise allremedies available to it including but notlimited to the imposition of fines and the

35346

termination of any and all agreements with theAirport.

(c) Non-Compliance

Upon receipt of any notice of non-compliance withthe Program, the Covered Employer must promptlytake action to cure such non-compliance. If thenon-conformance is not cured within the timeperiod specified in the Airport's notice, theAirport may exercise all remedies available to itincluding but not limited to the imposition offines and the termination of any and allagreements with the Airport.

(d) Fines

If a Covered Employer defaults with respect toany requirement of the Program, the Director ofAviation may elect to impose a fine equal to $200per violation, per day. The Airport's right toimpose such fines shall be in addition to and notin lieu of any and all other rights available tothe Airport. Such fine amount may be increasedfrom time to time at the discretion of theDirector of Aviation."

from and after its final adoption.

In Board of Port Commissioners, Oakland, California, October 2, 2001. Passed toprint for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates, Uribe and President Tagami - 6. Noes: None. Absent: Commissioner Kramer - 1.


Adopted at a regular


meeting held October 16 , 2 001

Ayes :

Noes:

Absent:

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

None A

None

President.

AttestSecretary.

35346



ORDINANCE APPROVING ADDITIONAL SIGNATORIESTO THE AIRLINE OPERATING AGREEMENT ANDSPACE/USE PERMIT AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT.


Section 1. The Executive Director is hereby authorized to enter into additionalindividual agreements with additional prospective airline carriers providing regularly scheduledservice at Metropolitan Oakland International Airport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in Agenda Sheet Item No. 4S dated October 2, 2001.

Section 2. The following additional scheduled airlines would enter into a StandardAirline Operating Agreement and Space/Use Permit:

SkyWest Airlines SunAir Express

Spirit Airlines

ABX Air

Section 3. The following tenants would enter into a Space/Use Permit only:

Airport Terminal ServicesAmerican Building ServiceOgden Ground Services

Section 4. The Board of Port Commissioners hereby finds and determines that basedon the information set forth in the Agenda Sheet, these projects have been determined to becategorically exempt from the requirements of the California Environmental Quality Act andthe Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p).

35385

Section 5. This Ordinance is not evidence of and does not create or constitute (a) a contractor Lease, entitlement or property interest, or (b) any obligation or liability on the part of the Boardor any officer or employee of the Board. This resolution approves and authorizes the execution ofan agreement or Lease in accordance with the terms of this resolution. Unless and until a separatewritten agreement is duly executed on behalf of the Board as authorized by this resolution, is signedand approved as to form and legality by the Port Attorney, and is delivered to other contractingparty, there shall be no valid or effective agreement or Lease.

In Board of Port Commissioners, Oakland, California, October 2,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Uribe andPresident Tagami - 6. Noes: None. Absent: Commissioner Kramer - 1.


Adopted at a regular meeting held October


16, 2001


Noes: None

Absent: None

President.

Attest/

Secretary.

-2- 35385


-HntsulL

The OaLand Tribune Legal No. 0000012719

c/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising' 208-6306


ORDINANCE APPROVING ADDITIONALSIGNATORIES TO THE AIRLINE OPERAT-ING AGREEMENT AND SPACE/USE PER-MIT AT METROPOLITAN OAKLAND INTER-NATIONAL AIRPORT.


BE IT ORDAINED by the Board of PortCommissioners of the City of Oakland asfollows:

Section 1. The Executive Director is here-by authorized to enter into additional individu -al agreements with additional prospective air -line carriers providing regularly scheduledservice at Metropolitan Oakland InternationalAirport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in AgendaSheet Item No. 45 dated October 2, 2001.

Section 2. The following additional sched -uled airlines would enter into a Standard Air-line Operating Agreement and Space/UsePermit:


In the matter of


SkyWest Airlines SunAir ExpressSpirit AirlinesABX A

Section 3. The following tenants would en •ter into a Space/Use Permit only:


Section 4. The Board of Port Commission-ers hereby finds and determines that basedon the information set forth in the AgendaSheet, these projects have been determinedto be categorically exempt from the require -ments of the California Environmental QualityAct and the Port CEQA Guidelines pursuantto Class 1 of Guidelines Section 15301(p).

Section 5. This Ordinance is not evidenceof and does not create or constitute (a) a con -tract or Lease, entitlement or property inter -est, or (b) any obligation or liability on thepart of the Board or any officer or employeeof the Board. This resolution approves andauthorizes the execution of an agreement orLease in accordance with the terms of thisresolution. Unless and until a separate writ-ten agreement is duly executed on behalf ofthe Board as authorized by this resolution, issigned and approved as to form and legalityby the Port Attorney, and is delivered to othercontracting party, there shall be no valid or of -fective agreement or Lease.

In Board of Port Commissioners,Oakland, California, October 2, 2001. Passedto print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Kiang,Protopappas, Scales, Uribe and PresidentTagami - 6. Noes: None. Absent: Commis-sioner Kramer - 1.



— `‘e undersigned below, deposes and says that he/she was the Public Noticertising Clerk of the OAKLAND TRIBUNE a newspaper of general circulation as

.■ned by Government Code Section 6000 adjucated as suchby 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 insaid county and state, seven days a week.



10/13/01



ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO ADDADDITIONAL POSITIONS WITHIN EXISTING PORTCLASSIFICATIONS AND AMENDING PORT ORDINANCE NO.

3661.


Section 1. Port Ordinance No. 867 is hereby amended to createone additional position each within existing Port classifications forthe following positions:

Equipment Systems EngineerPort Equipment DriverCarpenterGardenerPainterPlumberRelief Telephone OperatorSenior Engineering AssistantPort Equipment Service WorkerPort Maintenance ForemanPort Utilities ForemanEquipment Systems Engineer

Section 2. Port Ordinance No. 867 is hereby amended to createtwo additional positions each within existing Port classifications forthe positions of Senior Typist Clerk and Airport Security/ID Specialist.

Section 3. Port Ordinance No. 867 is hereby amended to createthree additional positions within existing Port classifications for theposition of Custodian.

35303

Section 4. Section 2 of Port Ordinance No. 3661 is herebyamended by deleting the following positions listed under Section 2:Senior Typist Clerk; Equipment Systems Engineer; Port Equipment Driver;Carpenter; Gardener; Painter; Plumber; Port Maintenance Foreman; PortEquipment Services Worker; Port Utilities Foreman; Relief TelephoneOperator and Senior Engineering Analyst.

Section 5. Port Ordinance No. 3661 is hereby amended by

deleting the reference to the position of Airport Security ID Specialistlisted under Section 3 and deleting the reference to the position ofCustodian listed under Section 4.

In Board of Port Commissioners, Oakland, California,September 20, 2001. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, andVice President Uribe - 5. Noes: None. Absent: Commissioner Kramerand President Tagami - 2.


Adopted at a regular meeting held October 2, 2001


Ayes:

Noes:

Absent:

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

None

Commissioner Kramer - 1

President.

AttestSecretary.

Approv,e as to fq mrklegaity :

'Port Attorney

The LAIand Tribune ORIGINAL

c/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2157265

PROOF OF PUBLICATIONORD. NO. 3661,

In the matter of:

ORDINANCE NO. 3662 AMENDING PORT ORD.NO. 867 & 3661

The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State of California,County of Alameda (Order Nos. 237798, December 4, 1951) which Ispublished and circulated in Oakland Township in said county and stateseven days a week.

That the

PUBLIC NOTICE

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

SEPTEMBER 27, 2001

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

Public Notice Advertising Clerk

The 111..,Aland Tribune ORIGINAL


Legal No. 2157265

PUBLIC NOTICEPORT ORDINANCE NO. 3662

ORDINANCE AMENDING PORTORDINANCE NO. 867TO ADD ADDITIONAL

POSITIONS WITHIN EXISTINGPORT CLASSIFICATIONSAND AMENDING PORTORDINANCE NO. 3661.

' BE IT ORDAINED by the Board of Port Com-missioners of the City of Oakland as follows:

Section 1. Port Ordinance No. 867 Ishereby amended to create one additional po-sition each within existing Port classifications

• for the following positions:Equipment Systems EngineerPort Equipment Driver

' CarpenterGardenerPainterPlumberRelief Telephone OperatorSenior Engineering AssistantPort Equipment Service WorkerPort Maintenance ForemanPort Utilities ForemanEquipment Systems EngineerSection 2. Port Ordinance No. 867 is

hereby amended to create two additional po-. sitions each within existing Port classifica-

tions for the positions of Senior Typist Clerkand Airport Security/ID Specialist.

Section 3. Port Ordinance No. 867 ishereby, amended to create three additionalpositions within existing Port classificationsfor the position of Custodian.

Section 4. Section 2 of Port OrdinanceNo. 3661 is hereby amended by deleting thefollowing positions listed under Section 2:Senior Typist Clerk; Equipment Systems En-gineer: Port Equipment Driver Carpenter;Gardener; Painter; Plumber; . Port Mainte-nance Foreman; Port Equipment Services

' Worker; Port Utilities Foreman; Relief Tele-hsre Operator and Senior Engineering Ana-

Section S. Port Ordinance No. 3661 ishereby amended by deleting the reference to.the position of Airport Security ID Specialistlisted under Section 3 and deleting the refer-ence to the position of Custodian listed underSection 4.

In Board of Port Commissioners, Oakland,California, September 20, 2001. Passed toprint for one day by the following vote: Aye*Commissioners Ayers-Johnson, Kiang, Pro.topaptles, Scates and Vice President Uribe5. Noes: None. Absent: CommissionerKramer and President Tagami - 2.


The Oakland Tribune, #2157265September 27, 2001

PROOF OF PUBLICATIONORD. NO. 3662,

In the matter of:

ORDINANCE NO. 3662 AMENDING PORT ORD.NO. 867 & 3661

The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State of California,County of Alameda (Order Nos. 237798, December 4, 1951) which ispublished and circulated in Oakland Township in said county and stateseven days a week.

That the

PUBLIC NOTICE


SEPTEMBER 27, 2001


1-1(\ t(x) Public Notice Advertising Clerk


-Hnu.(ALAdvertising Clerk

The Ala.wieda Times-Star Legal No. 0000008422

c/o ANG Newspapers401 13th Street, Oakland CA 94612Legal Advertising

1 208-6340


PORT ORDINANCE NO. 3663ORDINANCE APPROVING ADDITIONAL

SIGNATORIES TO THE AIRLINE OPERAT-ING AGREEMENT AND SPACE/USE PER-MIT AT METROPOLITAN OAKLAND INTER-NATIONAL AIRPORT.

BE IT ORDAINED by the Board of PortCommissioners of the City of Oakland aslollows:

Section 1. The Executive Director is here-by authorized to enter into additional individu -al agreements with additional prospective air -line carriers providing regularly scheduledservice at Metropolitan Oakland InternationalAirport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in AgendaSheet Item No. 4S dated October 2, 2001.

Section 2. The following additional sched -uled airlines would enter into a Standard Air-line Operating Agreernent and Space/UsePermit:

Sky West Airlines SunAir ExpressSpvit AirlinesABX A


In the matter of


Section 3. The following tenants would en -ter into a Space/Use Permit only:


Section 4, The Board of Port Commission -ers hereby finds and determines that basedon the information set forth in the AgendaSheet, these projects have been determinedto be categorically exempt from the require -ments of the California Environmental QualityAct and the Port CEQA Guidelines pursuantto Class 1 of Guidelines Section 15301(p).

Section 5. This Ordinance is not evidenceof and does not create or constitute (a) a con -tract or Lease, entitlement or property inter -est, or (b) any obligation or liability on thepart of the Board or any officer or employeeof the Board. This resolution approves andauthorizes the execution of an agreement orLease in accordance with the terms of thisresolution. Unless and until a separate writ-ten agreement is duly executed on behalf ofthe Board as authorized by this resolution, issigned and approved as to form and legalityby the Port Attorney, and is delivered to othercontracting party, there shall be no valid or ei -lective agreement or Lease.

In Board of Port Commissioners,Oakland, California, October 2. 2001. Passedto print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Kiang,Protopappas, Scates, Uribe and PresidentTagami - 6. Noes: None. Absent: Commis-sioner Kramer - 1.



Th e undersigned below, deposes and says that he/she was the Public Noticertising Clerk of THE ALAMEDA TIMES-STAR a newspaper of general circulation

Jefined by Government Code Section 6000 adjucated as suchby the Superior Court of the State of California, County of Alameda (Order Nos.236092. September 17, 1951) which is published and circulated in said county andstate, seven days a week.


of which the annexed is a printed copy, was published in every issue of THEALAMEDA TIMES-STAR, on the following dates:

10/11/01



ORDINANCE AMENDING PORT ORDINANCE NO. 867 TOESTABLISH CERTAIN NEW SALARY SCHEDULES TO CREATECERTAIN NEW POSITIONS, TO ADD ADDITIONAL POSITIONSWITHIN EXISTING PORT CLASSIFICATIONS, TO APPROVETITLE CHANGES OF EXISTING POSITIONS AND TO REVISESALARY SCHEDULE FOR A CERTAIN POSITION.


Section 1. Sections 5.078, 5.1056 and 5.098 are herebyadded to Port Ordinance No. 867 to create new positions, which sectionsshall read as follows:

No. ofPositions Title

Salary or

Schedule No.

Sec. 5.078 1 Business Systems Analyst 238.76

Sec. 5.1056 1 Graphic Artist 77.6

Sec. 5.098 1 Community Affairs Manager 543.7

Section 2. Port Ordinance No. 867 is hereby amended to createone additional position each within existing Port classifications forthe following positions:

Senior Typist ClerkEquipment Systems EngineerPort Equipment DriverCarpenterGardenerPainterPlumberCommercial Representative IAssociate Port Transportation PlannerPort Technical Support Analyst IIAirport Ground Transportation & Parking Operations Specialist IAirport Landside Services Coordinator (Training Coordinator)Relief Telephone Operator

34955

Commercial Representative IVCommercial Representative 1AWorkers Compensation AnalystPort Senior Human Resource AnalystSenior Typist ClerkSenior Engineering AnalystPort Field Representative IPort Equipment Service WorkerPort Maintenance ForemanPort Utilities ForemanEquipment Systems EngineerManager, Port Dredging ProgramElectrical/Mechanical EngineerSupervising Civil EngineerContract Compliance SupervisorPort Field Representative I

Section 3. Port Ordinance No. 867 is hereby amended to createtwo additional position each within existing Port classifications forthe following positions:

Commercial Representative IICommercial Representative IIIAirport Security/ID Specialist

Section 4. Port Ordinance No. 867 is hereby amended to createthree additional positions within existing Port classifications for theposition of Custodian and to create fourteen additional positions withinexisting Port classifications for the position of Port Junior Engineer.

Section 5. Section 5.4032 of Port Ordinance No. 867 ishereby amended to read as follows:


Salary orSchedule No.

Sec. 5.4032 1 GIS/LIS Administrator 506

Section 6. The following positions of Port Ordinance No. 867shall be amended to re-title existing classifications of "PersonnelTechnician", "Port Personnel Analyst", "Senior Port Personnel Analyst",and "Secretary" as follows:

Port Human Resource TechnicianPort Human Resource Analyst

Port Senior Human Resource AnalystSecretary of the Board

Section 7. Section 5.029 of Port Ordinance No. 867 is herebyamended to read as follows:


Salary or

Schedule No.

Sec. 5.029 1 Port Human Resource Analyst 246.9

Section 8. Section 5.4093 of Port Ordinance No. 867 ishereby amended to amend Salary Schedule No. 477 of the Port PermitCoordinator to Salary Schedule No. 438.5.

In Board of Port Commissioners, Oakland, California,September 4, 2001. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates,Uribe and President Tagami - 7. Noes: None. Absent: None.


Adoptedata adjourned regular meeting held September 20 , 2001


Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates and Uribe - 5

Noes: None

Absent: Commissioner Kramer and Pres"dent Tagami - 2

President.

AttestSecretary.

The (Lifland Tribune ORIGINAL


Legal No. 2147377

PROOF OF PUBLICATIONORD. NO. 3661

ORDINANCE NO. 3661

In the matter of:

NEW SALARY SCHEDULES


That the

PUBLIC NOTICE


SEPTEMBER 12, 2001



Tha Oaland Tribune ORIGINAL


Legal No. 2147377

PROOF OF PUBLICATIONPUBLIC NOTICE PUBLIC NOTICE

Salary orSchedule No.Sec. 5.078 1 Business Systems Analyst 238.76Sec. 5.10561 . Graphic Artist 77.6Section 2. Port Ordinance No. 867 is hereby . amended to create one additional position52O7hSec. 5.098 1 CommuniW Affairs Manager

within existing. Port classifications for the following positions:Senior Typist ClerkEquipment Systems EngineerPort Equipment DriverCarpenterGardenerPainterPlumber .Commercial Representative IAssociate Port Transportation PlannerPort Technical Support Analyst IIAirport Ground Transportation & Parking Operations Specialist IAirport Landside Services Coordinator (Training raining Coordinator)Relief Telephone OperatorCommercial Representative IVCommercial Representative 1AWorkers Compensation AnalystPort Senior Human Resource AnalystSenior Typist ClerkSenior Engineering AnalystPort Field Representative tPort Equipment Service WorkerPort Maintenance ForemanPort Utilities ForemanEquipment Systems EngineerManager, Port Dredging ProgramElectrical/Mechanical EngineerSupervising Civil EngineerContract Compliance SupervisorPort Field Representative ISection 3. Port Ordinance No. 867 is hereby amended to. create two additional position

each within existing Port. for the following positions:Commercial Representative IICommercial Representative HIAirport Security/ID SpecialistContract Compliance Officer ,Section 4. Port Ordinance No. 867 is hereby amended to create three additional positions

within existing Port classifications for the position of Custodian and to create fourteen addi-tional positions within existing Port classifications for theposition of Port Junior Engineer.

Section 5. Section 5.4032 of Port Ordinance No. 867 is hereby amended to 'read as follows:

No. of Positions Title Salary or Schedule No.Sec.. 5.4032 1 GIS/LIS Administrator 506Section 6. The following positions of Port Ordinance No. 867 shall be amended to re-title ex-isting classifications of

,' Personnel Technician", "Port Personnel Analyst', ''Senior Port Per-

sonnel Analyst" and ''Secretary: as follows:Port Human Resource TechnicianPun Human Resource AnalystPort Senior Human Resource Analyst.Secretary of the BoardSection 7. Section 5.029 of Port Ordinance No. 867 is hereby amended to read as follows.

pappas, States, Uribe and President - 7. Noes: None. Absent: None. ry

Title *No.No. of Postions Salary orSchedule,S

dec. 5.029 1 Port Human Resource Analyst 246.9

Section 8. Section 5.4093 of Port Ordinance No. 867 is hereby amended to amend SalarySchedule No. 477 of the Port Permit Coordinator to Salary Schedule No. 438.5.

In Board of Port Commissioners, Oakland, California, September 4, 2001. Passed to printfor one day by the following vote: Ayes:rr

Commissioners Ayers-Johnson, Kiang, Kramer, Proto-Christopher C. MarshallSecretary of the Board


ORD. NO. 3661

ORDINANCE NO. 3661

In the matter of:

NEW SALARY SCHEDULES


That the

PUBLIC NOTICE


SEPTEMBER 12, 2001


PORT ORDINANCE NO. 3661ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO ESTABLISH CERTAIN NEW

SALARY SCHEDULES TO CREATE CERTAIN NEW POSITIONS, TO ADD ADDITIONALPOSITIONS WITHIN EXISTING PORT CLASSIFICATIONS, TO APPROVE TITLE CHANGESOF EXISTING POSITIONS AND TO REVISE SALARY SCHEDULE FOR A CERTAIN POSITION.- BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:- Section 1. Sections 5.078, 5.1056 and 5.098 are hereby added to Port Ordinance No. 867

to create newposit ons, which sections shall read as follows:No of Positions: Title




ORDINANCE MAKING CERTAIN FINDINGS ANDDETERMINATIONS IN SUPPORT OF, AND AUTHORIZINGEXECUTION OF A PURCHASE AND SALE AGREEMENT WITHHENSEL PHELPS CONSTRUCTION, FOR THE PORT OFOAKLAND'S SALE OF AN APPROXIMATELY 2.6 ACRE PARCELOF LAND LOCATED AT HEGENBERGER AND PARDEE ROADS.

BE IT ORDAINED by the Board of Port Commissioners ("Board") ofthe 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 2.6acres Hegenberger and Pardee Roads.

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

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

(b) That the proposed sale of the Property complies withthe provisions of Section 5.13(b) of the Port's Master TrustIndenture, 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 theIndenture). The Board hereby directs that the proceeds of such saleshall be deposited in the Port Revenue Fund and shall be used inaccordance with the provisions of Section 5.13 of the Indenture.

Section 3. Based upon the findings and determinations made inSection 2 hereof, the Board hereby approves and authorizes theExecutive Director to execute a Purchase and Sale Agreement betweenthe Port and HENSEL PHELPS CONSTRUCTION, ("Buyer") (the "Agreement")for the sale of the Property at a purchase price of $2,000,000, and asotherwise described in Agenda Sheet Item No. 17, dated September 4,2001.

Section 4. The Executive Director is authorized to execute anddeliver a Grant Deed conveying the Property to Buyer and such otherdocuments as shall be required to carry out the intent of thisordinance, provided that such documents are approved as to form andlegality by the Port Attorney.

3 9 92 9

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

Section 6. This ordinance is not evidence of and does not createor constitute (a) a contract, agreement or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This ordinance does not obligate the Port to execute or deliver theAgreement or the Grant Deed to Buyer. This ordinance approves andauthorizes the execution of the Agreement in accordance with the termsof this ordinance and delivery of a Grant Deed. Unless and until aseparate written Agreement is duly executed on behalf of the Board asauthorized by this ordinance, is signed as approved as to form andlegality by the Port Attorney, and is delivered to Buyer, there shallbe no valid or effective Agreement.

Section 7. This ordinance shall take effect 30 days from andafter its final adoption.

In Board of Port Commissioners, Oakland, California, September 4,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates, Uribeand President Tagami - 7. Noes: None. Absent: None.


Adoptedata adjourned regular meeting held September 2 0 , 2001


Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Kiang, Protopappas,Scates and Uribe - 5

None

Commissioner Kramer and President Tagami - 2

President.

AttestSecretary.

Approved as to form and legality :

Port Attorney

34929


SEPTEMBER 12, 2001


The OuAland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2147305

ORIGINAL


ORDINANCE NO. 3660

In the matter of:

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3660'

ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OF;AND AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITHHENSEL PHELPS CONSTRUCTION, FOR THE PORT OF OAKLAND'S SALE OF AN AP-PROXIMATELY 2.6 ACRE PARCEL OF LAND LOCATED AT HEGENBERGER ANDPARDEE ROADS.

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

Section 1. The land referred to in this ordinance as the "Property" is owned by the City ofOakland. is located within the "Port Area" of the City of Oakland and consists of approximately2.6 acres Hegenberger and Pardee Roads.

Section 2. The Board hereby finds and determines as follows:fa) That the Property has become unnecessary for port purposes or harbor development;(b) That the proposed sale of the Property complies with the provisions of Section 5.13(D)the Port's Master Trust Indenture, dated as of April 1, 1089, as amended (the "Indenture:'),

and does not, together with other transfers referred to therein constitute a Significant Portionof "the Port (as defined in the Indenture). The Board hereby directs that the proceeds of suchsale shall be deposited in the Port Revenue Fund and shall be Used in accordance with theprovisions of Section 5.13 of the Indenture.

Section 3. Based upon the findings and determinations made in Section 2 he reof, theBoard hereby approves and authorizes the Executive Director to execute a Purchase and

("Buyer")Agreement between the Port and HENSEL PHELPS CONSTRUCTION, Buyer") (theAgreement') for the sale of the Property at apurchase price of $2,000,O00. and as otherwise

described in Agenda Sheet Item No. 17, dated September 4,:2001.Section 4. The Executive Director is authorized to execute and deliver a Grant Deed con;

veying the Property to Buyer and such other documents as shall be required to carry out theintent of this ordinance, provided that such documents are approved as to form and legality bythe Port Attorney.

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

Section 6. This ordinance is not evidence of and does not create or constitute (a) a con-tract agreement or the grant of any right, entitlement or property interest, or (b) any obligationor liability on the part o-f 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 BuyerThis ordinance approves and authorizes the execution of the Agreement in accordance withthe.terms of this ordinance and delivery of a Grant Deed. Unless and until a separate writtenAgreement Is duly executed on behalf of the Board as authorized by this ordinance, is signedas approved as to form and legality by the PortAttor^7, and Is delivered to Buyer, there shallbe 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, September 4, 2001. Passed to print

for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protc-peones, Scates, Uribe and President Tagami - 7. Noes: None. Absent: None.


' The Oakland Tribune, #2147305September 12, 2001

SALE AGREEMENT WITH HENSEL PHELPSCONSTRUCTION


That the

PUBLIC NOTICE


The Ouidand Tribune ORIGINAL


Legal No. 2147305


ORDINANCE NO. 3660

In the matter of:

SALE AGREEMENT WITH HENSEL PHELPSCONSTRUCTION


That the

PUBLIC NOTICE


SEPTEMBER 12, 2001





ORDINANCE APPROVING AND AUTHORIZING THE EXECUTIONOF A WIRELESS TELECOMMUNICATIONS AGREEMENT WITHAT&T WIRELESS.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a Wireless Telecommunications Agreement ("Agreement") betweenthe CITY OF OAKLAND, a municipal corporation, acting by and through theBoard, and AT&T WIRLESSS, (AT&T) for approximately 75 square feet oftelecommunications room space in Building M-102, plus several antennalocations throughout the South Airport, Oakland International Airport,Oakland, California, to be used by Lessee as additional cell sites fortelephone and radio coverage to better service its wireless

r,lictrIma.ra anrg onA

reasonably related thereto for a term of 5 years, at an initial monthlyrent of $3,000.00 plus $25 per antenna installed, said rate to beincreased annually based upon the increase in the Consumer Price Index,but in an amount not less than 3.5 96 and otherwise upon the terms andconditions set forth in Board Agenda Sheet Item No. 8S, dated September4, 2001, as subsequently may be revised pursuant to resolution orordinance adopted by this Board, and upon such standard terms andconditions as specified in the Lease and approved by the ExecutiveDirector.

Section 2. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p).

Section 3. The Executive Director is hereby authorized toexecute said Agreement.

Section 4. This ordinance is not evidence of and does notcreate or constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Agreement inaccordance with the terms of this ordinance. Unless and until a separate

35000

written Agreement is duly executed on behalf of the Board as authorizedby this ordinance, is signed and approved as to form and legality by thePort Attorney, and is delivered to Lessee, there shall be no valid or

effective Agreement.

Section 5. This ordinance shall take effect thirty (30) days




Adopted at a adjourned regular meeting held September 2 0 , 20 01


Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Kiang, Protopappas,Scates and Uribe - 5

None

Commissioner Kramer and Pr sident Tagami - 2

The Otaland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2147346

ORDINAN

PUBLIC NOTICECE APPROVING AND AUTHORIZING THE EXECUTION OF A.

PORT ORDINANCE N0.3659WIRELESSf,

TELECOMMUNICATIONS AGREEMENT WITH AT&T WIRELESS.

,1r


Section 1. The Board of Port Commissioners ("Board") hereby approves a Wireless Tele-

communications Agreement ("Agreement") between the CITY OF OAKLAND, a municipal

corporation, acting by and through the Board, and AT&T WIRLESSS, (AT&T) for apprexi-

moiety 75 square-feet of telecommunications room space in Building M-102, plus several an-tenna locations throughout the South Airport, Oakland International Airport,

Oakland, -

fornia, to be used by Lessee as additional cell sites for telephone and radio coverage to

Oakland betterr

service its wireless telecommunications customers, an other purposes incidental and reason-

related thereto for a term of 5 years, at an initiald monthly rent of $3,000.00 plus $25 per

m Installed, said rate to be

the executionn of saiee in ccordance with the terms oflf this or-

dinvesance. a hoUnless and until a separate writittenAgrAgr

mentAgreement is duly executed on beha of theBoard as authorized by this ordinance, is signed and approved as to form and legality try the

Port Attorney, and is delivered to Lessee, there shall be no valid or effective Agreement

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

In Board of Pod Commissioners, Oakland, California, September 4, 2001. Passed to print

for one day by the following vote' Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Proto-

Pappas, Scates, Uribe and President Tagami - 7. Noes: None. Absent: None.


Millapasm

ORIGINAL


ORDINANCE NO. 3659

In the matter of:

WIRELESS TELECOMMUNICATIONSAGREEMENT WITH AT&T WIRELESS


That the

PUBLIC NOTICE


SEPTEMBER 12, 2001



The Ouitland Tribune ORIGINAL


Legal No. 2147346


ORDINANCE NO. 3659

In the matter of:

WIRELESS TELECOMMUNICATIONSAGREEMENT WITH AT&T WIRELESS

Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State of California,County of Alameda (Order Nos. 237798, December 4, 1951) which ispublished and circulated in Oakland Township in said county and stateseven days a week.

That the

PUBLIC NOTICE


SEPTEMBER 12, 2001


Public Ptfotice Advertising Clerk


CITY OF OAKLAND

PORT ORDINANCE NO, 3658

ORDINANCE APPROVING AND AUTHORIZING THE EXECUTIONOF A WIRELESS TELECOMMUNICATIONS AGREEMENT WITHSPRINT SPECTRUM REALTY COMPANY, L.P.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a Wireless Telecommunications Agreement ("Agreement") betweenthe CITY OF OAKLAND, a municipal corporation, acting by and through theBoard, and SPRINT SPECTRUM REALTY COMPANY, L.P., (Sprint) forapproximately 75 square feet of telecommunications room space inBuilding M-102, plus several antenna locations throughout the SouthAirport, Oakland International Airport, Oakland, California, to be usedby Lessee as additional cell sites for telephone and radio coverage tobetter service its wireless telecommunications customers, and otherpurposes incidental and reasonably related thereto for a term of 5years, at an initial monthly rent of $3,000.00 plus $25 per antennainstalled, said rate to be increased annually based upon the increase inthe Consumer Price Index, but in an amount not less than 3.5% andotherwise upon the terms and conditions set forth in Board Agenda SheetItem No. 7S, dated September 4, 2001, as subsequently may be revisedpursuant to resolution or ordinance adopted by this Board, and upon suchstandard terms and conditions as specified in the Lease and approved bythe Executive Director.

Section 2. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p).

Section 3. The Executive Director is hereby authorized toexecute said Agreement.

Section 4. This ordinance is not evidence of and does notcreate or constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Agreement inaccordance with the terms of this ordinance. Unless and until a separate

34487

written Agreement is duly executed on behalf of the Board as authorizedby this ordinance, is signed and approved as to form and legality by thePort Attorney, and is delivered to Lessee, there shall be no valid or

effective Agreement.

Section 5. This ordinance shall take effect thirty (30) daysfrom and after its final adoption.



Adoptedata adjourned regular meeting held September 2 0 , 2001


Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates and Uribe - 5

Noes: None

Absent: Commissioner Kramer and President Tagami - 2

The 06.41and Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2147319

PUBLIC NOTICE PUBLIC NOTICEPORT ORDINANCE NO. 3658

ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A WIRELESS TELE-COMMUNICATIONS AGREEMENT WITH SPRINT SPECTRUM REALTY COMPANY, LP.

RE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:,ction 1. The Board of Port Commissioners ('Board") hereby approves a Wireless Tele-,unications Agreement ("Agreement") between the CITY OF OAKLAND, a municipal'

.ration, acting by and through the Board, and SPRINT SPECTRUM REALTY COMPANY,LP., (Sprint) for approximately 75 square feet of telecommunications room space in BuildingM-102, plus several antenna locations , throughout the South Airport, Oakland International Air-port, Oakland, California, to be used by Lessee as additional cell sites for telephone and radiocoverage to better service its wireless telecommunications customers, and other purposes in-cidental and reasonably related thereto for a term of 5 years, at an initial monthly rent of$3,000.00 plus $25 per antenna installed, said rate to be increased annually based upon theincrease in the Consumer Price Index, but in an amount not less than 3.5% and otherwiseupon the terms and conditions• set forth in Board Agenda Sheet Item No. 7S, dated September4, 2001, as subsequently may be revised pursuant to resolution or ordinance adopted by thisBoard, and upon such standard terms and conditions as specified in the Lease and approvedby the Executive Director.

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

Section 3. The Executive Director is hereby authorized to execute said Agreement.Section 4. This ordinance is not evidence of and does not create or constitute (a) a con-

tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li-ability on the part of the Board or any officer or employee of the Board. This ordinance ap-proves and authorizes the execution of said Agreement in accordance with the terms of this or-dinance. Unless and until a separate written Agreement is duly executed on behalf of theBoard as authorized by this ordinance, is signed andapproved as to form and legality by thePort Attorney, and is delivered to Lessee, there shall be no valid or effective Agreement.

Section 5. This ordinance shall take effect thirty (30) days from and after its final adoption.In Board of Port Commissioners, Oakland, California, September 4, 2001. Passed to print

for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Proto-pappas, Scates, Uribe and President Tagami - 7. Noes: None. Absent: None.

Christopher C. Marshall<Secretary of the Board


ORIGINAL


ORDINANCE NO. 3658

In the matter of:

WIRELESS TELE-COMMUNICATIONSAGREEMENT WITH SPRINT SPECTRUM

REALTY COMPANY


That the

PUBLIC NOTICE


SEPTEMBER 12, 2001



The Okaiiland Tribune ORIGINAL


Legal No. 2147319


ORDINANCE NO. 3658

In the matter of:

WIRELESS TELE-COMMUNICATIONSAGREEMENT WITH SPRINT SPECTRUM

REALTY COMPANY


That the

PUBLIC NOTICE


SEPTEMBER 12, 2001



34538


CITY OF OAKLAND

PORT ORDINANCE No. 357AN ORDINANCE AMENDING SECTION 11.001 OF PORT

ORDINANCE NO. 867.

BE IT ORDAINED by the Board of Port Commissioners of the City

of Oakland as follows:

Section 11.001 of Port Ordinance No. 867 is hereby amended to

read as follows:

Section No. of Salary or

No, Positions Title Schedule No.

11.001 General Manager, Maritime Operations 586.2

In Board of Port Commissioners, Oakland, California, August 7,-) nni + ter pan„ 1,17

Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates, Uribeand President Tagami - 7. Noes: None. Absent: None.


Adopted at aregular meeting held . September 4, 2001


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

Noes: None

Absent: None

President.

Ayes:

The Ladand Tribune ORIGINAL


Legal No. 2128859

PUBLIC NOTICE PORT ORDINANCE NO. 3657

AN ORDINANCE AMENDINGSECTION 11.001 OF PORT

ORDINANCE NO. 867.

BE IT ORDAINED by the Board of PortCommissioners of the City of Oakland as fol-lows:

Section 11.001 of Port Ordinance No. 867is hereby amended to read as follows:Section No.

11.001No. of Positions

1Title

General Manager, Maritime OperationsSalary or Schedule No.

566.2'11 Board of Port Commissioners, Oakland,

California, August 7, 2001. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kiang, Kramer,Protopappas Scates, Uribe and PresidentTagami - 7. Noes: None. Absent: None.

Christopher C. MarshallSecretary of the BoardAdopted at a meeting held By the fol-

lowing Vote:Ayes:Noes:Absent:President.AttestSecretary.Approved as to form and legality:Port Attorney

The Oakland Tribune, #2128859August 15, 2001

PROOF OF PUBLICATIONORDINANCE NO. 3657

ORDINANCE NO. 3657

In the matter of:

AMENDING SECTION 11.001 OF PORT


That the

PUBLIC NOTICE


AUGUST 15, 2001


—

Public Notice/Advertising Clerk

The L.Aland TribuneORIGINAL


Legal No. 2128859


ORDINANCE NO. 3657

In the matter of:

AMENDING SECTION 11.001 OF PORT

The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State of California,County of Alameda (Order Nos. 237798, December 4, 1951) which ispublished and circulated in Oakland Township in said county and stateseven days a week.That the

PUBLIC NOTICE


AUGUST 15, 2001


Public Notic/Advertising Clerk


CITY OF OAKLAND


AN ORDINANCE AMENDING SECTION 10 OF PORTORDINANCE NO. 3634 ESTABLISHING A FEE FORAIRLINE SELF-SERVICE CHECK-IN UNITS.


Section 1. Section 10 of Port Ordinance No. 3634 is herebyamended as follows:

" Section 10.12. A fee of $50.00 per month ishereby established for each self-service check-in unitinstalled by an Airline Operator in a locationapproved by the Airport General Manager in theTerminal Buildings and not leased by the Port ofOakland to such Airline Operator at the time of suchapproval, provided that there shall be a writtencontract, permit or other form of writtenauthorization therefor with Airline Operator."

Section 2. The Board of Port Commissioners hereby finds anddetermines that the establishment and imposition of the above ratespursuant to Section 1 of this ordinance is exempt from therequirements of the California Environmental Quality Act (" CEQA" ) andthe Port of Oakland CEQA Guidelines pursuant to Class I of GuidelinesSection 15301(p).

34547

meeting held September 4, 2001Adopted at a regular

By the following Vote :

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

Section 3. Section 1 of this ordinance shall be effective

October 18, 2001.

In Board of Port Commissioners, Oakland, California, August 7,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates, Uribeand President Tagami - 7. Noes: None. Absent: None.


Noes: None

Absent: None

President.

Attest t

Secretary.Approv d as to fOitin/and legality :

The Aland TribuneORIGINAL


Legal No. 2128931


AN ORDINANCE AMENDINGSECTION 10 OF

PORT ORDINANCE NO. 3634ESTABLISHING A FEE FOR

AIRLINE SELF-SERVICECHECK-IN UNITS.


Section 1. Section 10 of Port OrdinanceNo. 3634 is hereby amended as follows:

Section 10.12. A fee of $50.00 permonth is hereby established for each self-service check-in unit installed by an AirlineOperator in a location approved by the Air-port General Manager in the Terminal Build-ings and not leased bythe Port of Oakland tosuch Airline Operator at the time of such ap-proval, provided that there shall be a writtencontract, permit or other form of written au-thorization therefor with Airline Operator.'

Section 2. The Board of Port Commis-sioners hereby finds and determines that theestablishment and imposition of the aboverates pursuant to Section 1 of this ordinanceis exempt from the requirements of the Cali-fornia Environmental Quality Act ("CEQA")and the Port of Oakland CEOA Guidelinespursuant to Class I of Guidelines Section15301(p).

Section 3. Section 1 of this ordinanceshall be effective October 18, 2001.

In Board of Port Commissioners, Oakland,California, August 7, 2001. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, }Gang, Kramer,Protopappas, Scates, Uribe and PresidentTagami - 7 Noes: None. Absent: None.




ORDINANCE NO. 3655

In the matter of:

AMENDING SECTION 10 OF ORD. NO. 3634,FEE FOR AIRLINE SELF-SERVICE CHECK-IN

UNITS


That the

PUBLIC NOTICE


AUGUST 15, 2001



The LAland Tribune ORIGINAL

do ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2128931


ORDINANCE NO. 3655

In the matter of:

AMENDING SECTION 10 OF ORD. NO. 3634,FEE FOR AIRLINE SELF-SERVICE CHECK-IN

UNITS

The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State of Califomia,County of Alameda (Order Nos, 237798, December 4, 1951) which ispublished and circulated in Oakland Township in said county and stateseven days a week,

That the

PUBLIC NOTICE


AUGUST 15, 2001


r",



CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH PACIFIC BELL WIRELESSLLP.

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

Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and PACIFIC BELLWIRELESS LLP, ("PBW"), of up to approximately 10 square feet ofceiling space located in Terminal II, Oakland InternationalAirport, Oakland, California, to be used by Lessee as anadditional cell site for telephone and radio coverage, and otherpurposes incidental and reasonably related thereto for a term of 5years, with an option in Lessee to extend the term by 5 years, atan initial monthly rent of $3,000.00, said rate to be increasedannually based upon the increase in the Consumer Price Index, butin an amount not less than 3.5%-- and otherwise upon the terms andconditions set forth in Board Agenda Sheet Item No. 2S, dated May25, 2000, as subsequently may be revised pursuant to resolution orordinance adopted by this Board, and upon such standard terms andconditions as specified in the Lease and approved by the ExecutiveDirector.

Section 2. The Executive Director is hereby authorizedto execute said Lease.

Section 3. This ordinance is not evidence of and doesnot create or constitute (a) a contract, Lease or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee ofthe Board. This ordinance approves and authorizes the executionof said Lease in accordance with the terms of this ordinance.Unless and until a separate written Lease is duly executed onbehalf of the Board as authorized by this ordinance, is signed and

27769

approved as to form and legality by the Port Attorney, and isdelivered to Lessee, there shall be no valid or effective Lease.


In Board of Port Commissioners, Oakland, California, August 7, 2001.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates, Uribe and President Tagami - 7.Noes: None. Absent: None.


Adopted at a regular meeting held September 4 , 2001


Ayes:

Noes:

Absent:

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

None

None

President.

AttestSecretary.

The 0„Aland TribuneORIGINAL


Legal No. 2128887


ORDINANCE NO. 3654

In the matter of:

EXECUTION OF LEASE WITH PACIFIC BELLWIRELESS LLP


That the

PUBLIC NOTICE


AUGUST 15, 2001



The LAland Tribune ORIGINAL


Legal No. 2128887


ORDINANCE NO. 3654

PUBLIC NOTICE In the matter of:PORT ORDINANCE NO. 3654AN ORDINANCE APPROVING

AND AUTHORIZING THEEXECUTION OF LEASE WITH

PACIFIC BELL WIRELESS LLP.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 ("Board") . hereby approves a Leasebetween the CITY OF OAKLAND, a munic-ipal corporation, acting by and through theBoard, and PACIFIC BELL WIRELESS LLP,CPBW"), of up to approximately 10 squarefeet of ceiling space located in Terminal II,Oakland International Airport, Oakland, Cali-fornia, to be used by Lessee as an additionalcell sae for telephone and radio coverage,and other purposes incidental and reason-ably related thereto tor a term of 5 years, withan option ill Lessee to extend the term by 5years, at an initial monthly rent of $3,000.00,said rate to be increased annually basedupon the increase in the Consumer PriceIndex, but in an amount not less than 3.5%and otherwise upon the terms and conditionsset forth in Board Agenda Sheet Item No. 2S,dated May 25, 2000, as subsequently may be'revised pursuant to resolution or ordinanceadopted by this Board, and upon such stan-dard terms and conditions as specified in theLease and approved by the Executive Di-rector.

Section 2. The Executive Director ishereby authorized to execute said Lease.

Section 3. This ordinance is not evidenceof and does riot create or constitute (a) acontract, Lease or the grant of any right, enti-,itlement or property interest, or (b) any obli-gation or liability on the part of the Board orany officer or employee of the Board. This or-dinance approves and authorizes the execu-tion of said Lease id accordance with theterms of this ordinance. Unless and until aseparate written Lease is duly executed onbehalf of the Board as authorized by this or-dinance, is signed and approved as to formand legality by the Port Attorney, and is deliv-ered m Lessee, there shall be no valid or at-fective Lease.

Section 4. This ordinance shall take effectthirty (30) days from and after its final adop-tion,

In Board of Port Commissioners, Oakland,California, August 7, 2001. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kiang, Kramer,Protopeppas, Scates, Uribe and PresidentTagami - 7. Noes: None. Absent: None.



EXECUTION OF LEASE WITH PACIFIC BELLWIRELESS LLP


That the

PUBLIC NOTICE


AUGUST 15, 2001




CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZINGEXECUTION OF LEASE WITH UNICOLDCORPORATION.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a Lease between the CITY OF OAKLAND, a municipal corporation,acting by and through the Board, and UNICOLD CORPORATION, an Hawaiicorporation ("Unicold"), as Lessee, of approximately 2.12 acres locatednear the existing Joint Intermodal Terminal facilities north of Berths55-59 in the Oakland Inner Harbor and west of Maritime Street, whichwill be improved by the Port with rail track, an approximately 20,000square foot building, lighting, yard improvements, utilities and roadaccess at a cost to the Port of approximately $3,100,000, to be used byUnicold for a cargo transload facility and other purposes incidentaland reasonably related thereto for a term of 10 years with twoseparate options in Unicold to extend the term by 5 years under eachoption, at a monthly rent of $30,912.00, subject to fixed increases inthe third and fifth years of the term and subject to increase in the6th year of the term, and subject to increases in the first year ofeach extension of the term upon exercise of Unicold's option by thegreater of the percentage increase over the prior five years in (1)The Consumer Price Index for San Francisco-Oakland-San Jose and (2)The Port's published space assignment tariff rate for unpaved raw land(but in no event by an increase of greater than 17%) and otherwise uponthe terms and conditions set forth in Board Agenda Sheet Item No. 21dated July 24, 2001, and such standard terms and conditions as specifiedin the Lease and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized toexecute and the Secretary to attest said Lease.

Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. This

34206

ordinance approves and authorizes the execution of said Lease inaccordance with the terms of this ordinance. Unless and until aseparate written Lease is duly executed on behalf of the Board asauthorized by this ordinance, is signed as approved as to form andlegality by the Port Attorney, and is delivered to Lessee, there shallbe no valid or effective Lease.


In Board of Port Commissioners, Oakland, California, July 24, 2001.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates, Uribe and President Tagami - 7.Noes: None. Absent: None.


Adopted at a regular meeting held August 7 , 2 001



Noes: None

Absent: None

President.

Secretary.

34206

The Lidand TribuneORIGINAL


Legal No. 2121954



In the matter of:

EXECUTION OF LEASE WITH UNICOLDCORPORATION

The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State of California,County of Alameda (Order Nos. 237798, December 4, 1951) which ispublished and circulated in Oakland Township in said county and stateseven days a week,

That the

PUBLIC NOTICE


AUGUST 4, 2001



The Leland Tribune ORIGINAL


Legal No. 2121954


.AN ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION

OF LEASE WITHUNICOLD CORPORATION

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as followsSection 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 UNI-COLD CORPORATION a Hawaii corporation ("Unicold"), as Lessee, of approximately. 2.12acres located near the existing Joint Intermodal Terminal facilities north of Berths 55-59 in theOakland Inner Harbor and west of Maritime Street, which will be improved by the Port with railtrack, an approximately 20,000 square foot building, lighting, yard improvements, utilities androad access at a cost to the Port of approximately $3,100,000, to be used by Unicold for acargo transload facility and other purposes incidental and reasonably related thereto for a termof 10 years with two separate options in Unicold to extend the term by 5 years under each option, at a monthly rent of $30,912.00, subject to fixed increases in the third and fifth years of theterm and subject to increase in the 6th year of the term, and subject to increases in the firstyear of each extension of the term upon exercise of Unicold's option by the greater of the per-centage increase over the prior five years in (1) The Consumer Price Index forSan Francisco-Oakland-San Jose and (2) The Port s published space assignment tariff rate for unpaved rawland (but in no event by an increase of greater than 17%) and otherwise upon the terms andconditions set forth in Board Agenda Sheet Item No. 21 dated July 24, 2001, and such stan-dard 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 at-test said Lease.

Section 3. This ordinance is not evidence of and does not create or constitute (a) a con-tract, Lease or the grant of arry right, entitlement er properly interest:. or (b) any obligation or li-ability on the part of the Board or any officer or employee of the Board. This ordinance ap-proves and authorizes the execution of said Lease in accordance with the terms of this ordi-nance. Unless and until a separate written Lease is duly executed on behalf of the Board asauthorized by this ordinance, is signed as 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, Oakland, California, July 24, 2001. Passed to print for oneday by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas,Scates, Uribe and President Tagami - 7. Noes: none. Absent: none.





In the matter of:

EXECUTION OF LEASE WITH UNICOLDCORPORATION


That the

PUBLIC NOTICE


AUGUST 4, 2001





AN ORDINANCE AMENDING PORT ORDINANCE NO. 867ADDING SECTION 1.33997, AMENDING SECTIONS5.0233, 5.111, 5.0198, 8.20 AND 9.18 ANDREPLEALING SECTION 2.02.


Section 1. The following sections of Port Ordinance No. 867are hereby amended to read as follows:


No. Positions Title Schedule No.

5.0233 1 Worker's Compensation Administrator 556.1

5.111 1 Building Services Manager 525.8

5.0198 1 Director of Strategic & Policy Planning $10,605

8.20 1 Director of Commercial Real Estate $10,605

9.18 20 Youth Aide, Class "D" $6.25/hr.

9.18 24 Youth Aide, Class "C" $9.20/hr.

Section 2. Section 1.33997 is hereby added to Port OrdinanceNo. 867 to read as follows:

Sec. 1.33997. In addition to the compensationotherwise provided herein each person employed in a regularfull time position belonging to Employee Representation UnitH who do not report directly to the Board, on the effectivedates hereof, at the rates indicated below, except any ofsuch employee who receives a "below expectations" or"unacceptable" overall rating on his/her most recentprobationary or annual performance appraisal prior to June23, 2001, and any employee whose 2001 annual performanceappraisal is not due until December 1, 2001, shall beentitled to an additional five percent (5%. ) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective June 23, 2001.

34114

Section 3. The Board hereby ratifies, confirms and approves

all payments from and after June 23, 2001, to the effective date of this

ordinance.

Section 4. Section 2.02 of Port Ordinance No. 867 is hereby

repealed.

In Board of Port Commissioners, Oakland, California, July 10,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribeand President Kramer - 7. Noes: None. Absent: None.


Adopted at a special meeting held July 24 , 2001


Ayes:

Noes:

Absent:


None

None

Attes

President.

Secretary.Approved as to d legality :

—Port Attorney

The Ot..illand TribuneORIGINAL


Legal No. 2109947


In the matter of:

ORDINANCE NO. 3652


That the

PUBLIC NOTICE


JULY 19, 2001




AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 ADDINGSECTION 1.33997, AMENDING SECTIONS 5.0233, 5.111, 5.0198,8.20 AND 9.18 AND REPLEALING SECTION 2.02.

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

Section 1. The following sections of Port Ordinance No 867 are herebyamended to read as follows:

Section tizst Salary elPositions Title Schedule kto_

5.0233 1 Worker's Compensation Administrator 556.15.111 1 Building Services Manager 525.85.0198 1 Director of Strategic & Policy Planning $10,6058.20 1 Director of Commercial Real Estate $10,6059.18 20 Youth Aide, Class "D" $6.25/hr.9.18 24 Youth Aide, Class "C" $9.20/hr.

Section 2. Section 1.33997 is hereby added to Port Ordinance No. 867 to read asfollows:

Sec. 1.33997. In addition to the compensation otherwise provided herein each personemployed in a regular full time position belonging to Employee Representation Unit H who donot report directly to the Board, on the effective dates hereof, at the rates indicated below,except any of such employee who' receives a "below expectations" or "unacceptable" overallrating on his/her most recent probationary or annual performance appraisal prior to June 23,2001, and any employee whose 2001 annual performance appraisal is not due until December1, 2001, shall be entitled to an additional five percent (5%) of the compensation fixed for his orher services, calculated to the nearest dollar, effective June 23, 2001.

Section 3. The Board hereby ratifies, confirms and approves all payments from andafter June 23, 2001, to the effective date of this ordinance.

Section 4. Section 2.02 of Port Ordinance No. 867 is hereby repealed.

In Board of Port Commissioners, Oakland, California, July 10, 2001. Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,,Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None.


The Oakland Tribune #2109947July 19, 2001

ORIGINAL

The Ot_..iland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2109947


In the matter of:

ORDINANCE NO. 3652


That the

PUBLIC NOTICE


JULY 19, 2001




CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 3439 ANDESTABLISHING RATES AND CHARGES FOR ELECTRICALPOWER AND OTHER UTILITIES PROVIDED BY THE PORT ATTHE OAKLAND ARMY BASE.


Section 1. Section 3 of Port Ordinance No. 3439, as amended byPort Ordinance No. 3521 and Port Ordinance 3621, is hereby renumbered"Section 4".

Section 2. Section 2 of Port Ordinance No. 3439, as amended byPort Ordinance No. 3521 and Port Ordinance No. 3621, is hereby amendedto provide as follows:

(a) That portion of the first paragraph that states"in the Port Area except within the Metropolitan Oakland InternationalAirport" is hereby revised to provide "in the Port Area, except withinthe Metropolitan Oakland International Airport and except within theOakland Army Base"; and

(b) In each instance where the words "Service Area:Port Area, except for the Metropolitan Oakland International Airport"appear they are hereby revised to provide as follows: "Service Area:Port Area, except for the Metropolitan Oakland International Airportand except for the Oakland Army Base."

Section 3. A new Section 3 is hereby added to Port Ordinance No.3521, as amended, providing as follows:

"Section 3. The following rates and charges shallapply to the Port Department's provision of electric power,natural gas, water and sewer services to any person orentity at the Oakland Army Base unless a written agreementbetween the Board and such person or entity otherwiseprovides:

34080

Electricity:Natural Gas:Water:Sewer:

$0.18150 per kWh$1.32000 per therm$0.03497 per cubic foot$0.03291 per cubic foot"

Section 4. This ordinance shall be effective August 1, 2001.






Noes: None

Absent: None

President.

234080

PORT ORDINANCE NO. 3651AN ORDINANCE AMENDING PORT ORDINANCE NO. 3439 AND

ESTABLISHING RATES AND CHARGES FOR ELECTRICALPOWER AND OTHER UTILITIES PROVIDED BY THE PORT AT

THE OAKLAND ARMY BASE.

BE IT ORDAINED by the Board of PortCommissioners of the City of Oakland asfollows:

Section 1. Section 3 of PortOrdinance No. 3439, as amended by PortOrdinance No. 3521 and Port Ordinance3621, is hereby renumbered "Section 4".

Section 2. Section 2 of PortOrdinance No. 3439, as amended by PortOrdinance No. 3521 and Port OrdinanceNo. 3621, is hereby amended to provide as

'ows:

(a)That portion of the first paragraph thatstates "in the Port Area except within theMetropolitan Oakland International Airport"is hereby revised to provide "in the PortArea, except within the MetropolitanOakland International Airport and exceptwithin the Oakland Army Base"; and

(b) I neach instance where the words "ServiceArea: Port Area, except for the MetropolitanOakland International Airport' appear theyare hereby revised to provide as follows:"Service Area: Port Area, except for theMetropolitan Oakland International Airportand except for the Oakland Army Base

Section 3. A new Section 3 is herebyadded to Port Ordinance No. 3521, asamended, providing as follows:

"Section 3. The following rates andcharges shall apply to the PortDepartments provision of electric power,natural gas, water and sewer services toany person or entity at the Oakland ArmyBase unless a written agreement betweenthe Board and such person or entityotherwise provides:

(1) Electricity: $0.18150 per kWh(2)Natural Gas: $1.32000 per therm(3)Water: $0.03497 per cubic foot(4)Sewer: $0.03291 per cubic foot"

Section 4. This ordinance shall beeffective August 1, 2001.

In Board of Port Commissioners,Oakland, California, July 10, 2001. Passedto print for one , day by the following vote:Ayes: Commissioners Ayers-Johnson,Kiang, Protopappas, Scates, Tagami, Uribeand President Kramer - 7. Noes: None.Absent: None.



The Lill land Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2109949

ORIGINAL

PROOF OF PUBLICATION

In the matter of:

ORDINANCE NO. 3651


That the

PUBLIC NOTICE


JULY 19, 2001



The ILAland TribuneORIGINAL


Legal No. 2109949


In the matter of:

ORDINANCE NO. 3651


That the

PUBLIC NOTICE


JULY 19, 2001




CITY OF OAKLAND


AN ORDINANCE APPROVING THE DEDICATION OF 3.3 ACRES OFPORT-OWNED LAND FOR PUBLIC ACCESS PURPOSES ANDAUTHORIZING THE PORT'S EXECUTIVE DIRECTOR TO EXECUTE ANDRECORD APPROPRIATE DOCUMENTS TO COMPLY WITH THE SANFRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSIONS'PERMIT CONDITIONS FOR THE JACK LONDON AQUATIC CENTER.

WHEREAS, on October 23, 2000, the San Francisco BayConservation and Development Commission (BCDC) amended BCDC Permit No.15-98 to facilitate the development and construction of the JackLondon Aquatic Center; and

WHEREAS, as a condition of granting the permit, BCDCrequired the Port of Oakland, as a co-permittee with the City ofOakland and the Jack London Aquatic Center, to dedicate anapproximately 3.3 acre area, along approximately 600 linear feet ofshoreline as generally shown on Exhibit A, for permanent public accessfor walking, bicycling, sitting, viewing, fishing, picnicking, parkingand related purposes; and

WHEREAS, said dedication is required to be by recordableinstrument; 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 the dedication of 3.3acres of Port-owned land, along approximately 600 linear feet ofshoreline, as generally shown on Exhibit A which is attached to andincorporated into this ordinance by this reference, for permanent,public access for walking, bicycling, sitting, viewing, fishing,picnicking, parking and related purposes.

Section 2. The Board hereby authorizes the Port'sExecutive Director to execute and record appropriate instruments anddocuments to comply with BCDC's permit conditions and to effectuatethe requirements of this ordinance.

Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract or the grant of any right, title,entitlement or property interest or (b) any obligation or liability on

34063

the part of the Board. This ordinance approves and authorizes theexecution of said instruments and documents of dedication inaccordance with the terms of this ordinance. Unless and until aseparate written instrument of dedication is duly executed on behalfof the Board as authorized by this ordinance, is signed as approved asto form and legality by the Port Attorney, is recorded against thesubject property in the Alameda County Recorder's office, there shallbe no valid or effective dedication.

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



Adopted at a special meeting held July 2 4 , 2001


Ayes:

Noes:

Absent:


None

None

President.

Attest/Secretary.

Port Attoniey/

34063


AN ORDINANCE APPROVING THE DEDICATION OF 3.3 ACRES OF PORT-OWNED LAND FOR PUBLIC ACCESS PURPOSES AND AUTHORIZING THEPORT'S EXECUTIVE DIRECTOR TO EXECUTE AND RECORD APPROPRIATEDOCUMENTS TO COMPLY WITH THE SAN FRANCISCO BAY CONSERVATIONAND DEVELOPMENT COMMISSIONS' PERMIT CONDITIONS FOR THE JACKLONDON AQUATIC CENTER.

WHEREAS, on October 23,2000, the San Francisco Bay Conservationand Development Commission (BCDC)amended BCDC Permit No. 15-98 tofacilitate the development and constructionof the Jack London Aquatic Center; and

WHEREAS, as a condition ofgranting the permit, BCDC required the Portof Oakland, as a co-permittee with the Cityof Oakland and the Jack London AquaticCenter, to dedicate an approximately 33acre area, along approximately 600 linearfeet of shoreline as generally shown onExhibit A, for permanent public access forwalking, bicycling, sitting, viewing, fishing,picnicking, parking and related purand

WHEREAS, said dedication isrequired to be by recordable instrument;now, therefore,

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

Section 1. The Board herebyapproves the dedication of 3.3 acres of Port-owned land, along approximately 600 linearfeet of shoreline, as generally shown onExhibit A which is attached to andincorporated into this ordinance by thisreference, for permanent, public access forwalking, bicycling, sitting, viewing, fishing,picnicking, parking and related purposes.

Section 2. The Board herebyauthorizes the Port's Executive Director to

execute and record appropriate instrumentsand documents to comply with BCDC'spermit conditions and to effectuate therequirements of this ordinance.

Section 3. This ordinance isnot evidence of and does not create orconstitute (a) a contract or the grant of anyright, title, entitlement or property interest or(b) any obligation or liability onthe part of the Board. This ordinanceapproves and authorizes the execution ofsaid instruments and documents ofdedication in accordance with the terms ofthis ordinance. Unless and until a separatewritten instrument of dedication is dulyexecuted on behalf of the Board asauthorized by this ordinance, is signed asapproved as to form and legality by the PortAttorney, is recorded against the subjectproperty in the Alameda County Recorder'soffice, there shall be no valid or effectivededication.

Section 3. This ordinanceshall take effect thirty (30) days from andafter its final adoption.

In Board of Port Commissioners,Oakland, California, July 10, 2001. Passedto print for one day by the following vote:Ayes: Commissioners Ayers-Johnson,Kiang, Protopappas, Scales, Tagami, Uribeand President Kramer - 7. Noes: None.Absent: None.



ORIGINAL


In the matter of:

ORDINANCE NO. 3650


That the

PUBLIC NOTICE


JULY 19, 2001


The LAM Tribunedo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2109952


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

The Ot.Aland TribuneORIGINAL


Legal No. 2109952


In the matter of:

ORDINANCE NO. 3650


That the

PUBLIC NOTICE


JULY 19, 2001

Jblic Notice Advertising Clerk


CITY OF OAKLAND

PORT ORDINANCE NO. 3 6 4 9

AN ORDINANCE AUTHORIZING EXECUTION OF LICENSE ANDCONCESSION AGREEMENTS AND GROUND LEASES WITH AVISRENT A CAR SYSTEM, INC., FOX RENT A CAR, INC.,BUDGET RENT A CAR SYSTEMS, INC., ENTERPRISE RENT ACAR COMPANY OF SAN FRANCISCO, DOLLAR RENT A CARSYSTEMS, INC., THE HERTZ CORPORATION, NATIONAL CARRENTAL SYSTEM, INC. AND THRIFTY RENT-A-CAR SYSTEM,INC. AND AUTHORIZING CERTAIN EXPENDITURES FORCERTAIN INSURANCE EXPENSES ASSOCIATED WITH SAIDGROUND LEASES.


Section 1. The Board hereby approves and authorizes execution ofLicense and Concession Agreements and Ground Leases between the CITY OFOAKLAND, a municipal corporation, acting by and through this Board,herein referred to as "Port", and each of the following rental caragencies: Avis Rent A Car System, Inc;, Fox Rent A Car, Inc., BudgetRent A Car Systems, Inc., Enterprise Rent A Car Company of SanFrancisco, Dollar Rent A Car Systems, Inc., The Hertz Corporation,National Car Rental System, Inc. and TRAC Team, Inc. (Thrifty Rent-A-CarSystem, Inc.), the property subject to the Ground Leases covering anarea of approximately 14.7 acres, at the intersection of Doolittle Driveand Langley Street, Oakland, California, to be used for an interimconsolidated rental car facility, for an eight-year term commencing inAugust or September of 2001, together with options to extend, with rentestimated to be approximately $1.46 million per year, as more fully setforth in Agenda Sheet Item 2 dated July 10, 2001.

Section 2. The Executive Director is hereby authorized to executesaid License and Concession Agreements and Ground Leases provided thateach such contract has been approved as to form and legality by the PortAttorney.

Section 3. The Board hereby finds and determines that it is inthe best interest of the Port to contract with each such rental caragency with respect to the Ground Leases and the construction referencedto in the above-referenced Agenda Sheet without competitive bidding.

Section 4. The Board authorizes the purchase of pollution legalliability insurance for the premises and the appropriate agreements with

34147

the eight participating rental car agencies for recovery of costsassociated with the purchase of such insurance.

Section 5. The Board hereby finds and determines that thisproject has been determined to be categorically exempt from requirementsof the California Environmental Quality Act pursuant to Section 15162.


Section 7. This Ordinance shall take effect thirty (30) days fromand after its final adoption and the Port Attorney is hereby authorizedanA AiranimmA +n r.nny-A

In Board of Port Commissioners, Oakland, California, July 10, 2001.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.





Noes: None

Absent: None

President.

AttestSecretary.

34147

Leases covering an area of approximately14.7 acres, at the intersection of DoolittleDrive and Langley Street, Oakland,California, to be used for an interimconsolidated rental car facility, for an eight-year term commencing in August orSeptember of 2001, together with options toextend, with rent estimated to beapproximately $1.48 million per year, asmore fully set forth in Agenda. Sheet Item 2dated July 10, 2001.

Section 2. The ExecutiveDirector is hereby authorized to executesaid License and Concession Agreementsand Ground Leases provided that eachsuch contract has been approved as toform and legality by the Port Attorney.

Section 3. The Board herebyfinds and determines that it is in the bestinterest of the Port to contract with eachsuch rental car agency with respect to theGround Leases and the constructionreferenced to in the above-referencedAgenda Sheet without competitive bidding.

Section 4. The Boardauthorizes the purchase of pollution legalliability insurance for the premises and the

authorizes the execution of a contract,Lease or grant of rights in accordance withthe terms of this ordinance. Unless anduntil a separate written contract, Lease orgrant is duly executed on behalf of theBoard as authorized by this ordinance, issigned arid approved as to form and legalityby the Port Attorney, and is delivered to thecontracting party, lessee or grantee, thereshall be no valid or effective contract Leaseor grant.

Section 7. This Ordinanceshall take effect thirty (30) days from andafter its final adoption and the Port Attorneyis hereby authorized and directed to recordsaid Agreement.

In Board of PortCommissioners, Oakland, California, July10, 2001. Passed to print for one day by thefollowing vote: Ayes: CommissionersAyers-Johnson, Kiang, Protopappas,Scates, Tagami, Uribe and PresidentKramer - 7. Noes: None. Absent: None.

Christopher C, Marshall

Secretary of the Board


ORIGINALThe 06,Aland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6306

Legal No. 2109941

PORT ORDINANCE NO. 3649AN ORDINANCE AUTHORIZING EXECUTION OF LICENSE AND

CONCESSION AGREEMENTS AND GROUND LEASES WITH AVIS RENT ACAR SYSTEM, INC., FOX RENT A CAR, INC., BUDGET RENT A CAR

SYSTEMS, INC., ENTERPRISE RENT A CAR COMPANY OF SAN FRANCISCO,DOLLAR RENT A CAR SYSTEMS, INC., THE HERTZ CORPORATION,

NATIONAL CAR RENTAL SYSTEM, INC. AND THRIFTY RENT-A-CAR SYSTEM,INC. AND AUTHORIZING CERTAIN EXPENDITURES FOR CERTAIN

INSURANCE EXPENSES ASSOCIATED WITH SAID GROUND LEASES.


BE IT ORDAINED by the appropriate agreements with the eight In the matter of:Board of Port Commissioners of the City of participating rental car agencies forOakland as follows: recovery of costs associated with the

purchase of such insurance.Section 1. The Board hereby

approves and authorizes execution ofLicense and Concession Agreements andGround Leases between the CITY OFOAKLAND, a municipal corporation, actingby and through this Board, herein referredto as "Port", and each of the following rentalcar agencies: Avis Rent A Car System,Inc:, Fox Rent A Car, Inc., Budget Rent ACar Systems, Inc., Enterprise Rent A CarCompany of San Francisco, Dollar Rent ACar Systems, Inc., The Hertz Corporation,National Car Rental System, Inc. and TRAC

Section 5. The) Board hereby finds anddetermines that this project has beendetermined to be categorically exempt fromrequirements of the CaliforniaEnvironmental Quality Act pursuant toSection 15162,

Section 6. This ordinance isnot evidence of and does not create orconstitute (a) a contract, Lease or the grantof any right, entitlement or property interest,or (b) any obligation or liability on the part

_ .

ORDINANCE NO. 3649

Notice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State of California,County of Alameda (Order Nos, 237798, December 4, 1951) which ispublished and circulated in Oakland Township in said county and stateseven days a week.

That the

PUBLIC NOTICE


JULY 19, 2001



The 06,Aland TribuneORIGINAL


Legal No. 2109941


In the matter of:

ORDINANCE NO. 3649


That the

PUBLIC NOTICE


JULY 19, 2001




CITY OF OAKLAND


AN ORDINANCE ESTABLISHING RULES AND REGULATIONSFOR THE CONDUCT OF GROUND TRANSPORTATIONOPERATIONS (OTHER THAN TAXICABS) AT THEMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT, FORTHE PROTECTION OF PERSONS AND PROPERTY;PRESCRIBING PENALTIES; AND AMENDING CERTAINPROVISIONS RELATED TO GROUND TRANSPORTATION INPORT ORDINANCE 3634.


Section 1. The following regulations, to be known as "GroundTransportation Services Regulations, Metropolitan OaklandInternational Airport," are hereby established governing the conductof Ground Transportation operations at the Metropolitan OaklandInternational Airport, said Regulations to read and to be numberedrespectively as follows:

Section 2. DEFINITIONS. Unless otherwise specifically definedherein, or unless a different meaning is apparent from the context,the following terms used in these Regulations shall have the followingdefinitions, whether or not such terms are capitalized:

"Airport" shall mean the Metropolitan Oakland InternationalAirport.

"Airport General Manager" shall mean the Person having immediatecharge of the Airport (or his or her designee) and acting under thedirection of the Director, or his or her designee.

"Airport Permit" shall mean the permit issued by the Portpermitting a Qualified Operator to offer Ground TransportationServices on the Airport.

"Alternative Fuel Vehicles" shall mean Vehicles powered by eitherelectricity or compressed natural gas or a combination of both."Alternative Fuel Vehicles" do not include "hybrid" or "bi-fuel"

1 34053

Vehicles powered in whole or in part by petroleum gasoline or Vehiclesconverted from one powered by petroleum gasoline.

"Charter Party Carrier" or "TCP" shall mean a Class A charterparty carrier, as defined in California Public Utilities Code Section5383, and permitted under California Public Utilities Code Section5384(b), as such code sections are later changed or amended, thatprovides transportation only on a prearranged basis using vehiclesthat accommodate less than 15 passengers and that operate pursuant tocertificates or permits issued by the Commission under the authorityof the Passenger Charter-Party Carrier Act, as such Act is laterchanged or amended. "Charter Party Carrier" shall include, but is notlimited to, Persons operating limousines, sedans and door-to-doorshuttle vans that accommodate less than 15 passengers and that onlyoperate on a prearranged basis by the means of a waybill.

"Chief of Police" shall mean the City's Chief of Police or his orher designee.

"City" shall mean the City of Oakland, California.

"Committee" shall mean the Oakland Rental Car Committee formed bythe On-Airport Rental Car Companies pursuant to their agreements withthe Port.

"Commission" shall mean the Public Utilities Commission of theState of California.

"Common Bus Stops" shall mean the bus stops used by the CommonUse Busing System to serve the Interim Rental Car Facility and theTerminal Buildings.

"Common Use Busing System" shall mean the busing system operatedby or on behalf of the On-Airport Rental Car Companies pursuant totheir agreements with the Port.

"Customer Facility" shall mean any facility operated by an Off-Airport Rental Car Company for the processing and/or servicing of, orfor the delivery of rental vehicles to, its customers located on theAirport or within the Rental Car Radius.

"Courtesy Vehicles" shall mean a Vehicle that is not operated bythe Port and that is used to transport customers, without impositionof a separate fee or charge, between points at the Airport and any carrental office of any Off-Airport Rental Car Company, any Off-AirportParking Operator, any hotel or motel located off Airport property, orany on-Airport location of any tenant at the Airport.

"Designated North Field Area" shall mean the Common Bus Stops inthe North Field designated by the Landside Operations Manager for theloading and unloading of passengers from Courtesy Vehicles used in thebusiness of any Off-Airport Rental Car Company.

2 39053

"Designated South Field Area" shall mean the area in the SouthField designated by the Landside Operations Manager for the loadingand unloading of passengers from Ground Transportation Vehicles at theSouth Field.

"Director" shall mean the Director of Aviation employed by thePort, or his or her designee.

"Driver" shall mean a Person possessing appropriate Californialicense(s) and employed by a Permit Holder to operate a GroundTransportation Vehicle at the Airport or a Person who is the owner andoperator of a Passenger Stage Sub Carrier.

"Driver Identification Badge" shall mean the badge to be issuedby a Qualified Operator to each Driver containing the name andphotograph of the Driver, and the badge to be issued by the Port toeach Driver.

"Ground Transportation" shall mean the transportation of personsor property at or to and from the Airport in a Vehicle operated by orfor a Person engaged in a business, whether or not a charge is imposeddirectly or indirectly for such service.

"Ground Transportation Agent" shall mean any individualauthorized by the Port to supervise and control Ground TransportationVehicles at the Airport, to aid in the enforcement of theseRegulations, or to assist the traveling public in utilizing GroundTransportation Services.

"Ground Transportation Services" shall mean any of the servicesprovided by a Charter Party Carrier, Passenger Stage Carrier, CourtesyVehicle , a Passenger Stage Sub Carrier or a Limousine at or to andfrom the Airport.

"Ground Transportation Vehicle" shall mean a Vehicle operatedwith an Airport Permit issued to a Qualified Operator engaged inproviding Ground Transportation Services at or to and from theAirport.

"Hearing Officers" shall mean three (3) individuals designated bythe Landside Operations Manager, one of who may be a police officeremployed by the City of Oakland Police Department.

"Holding Lot" shall mean an area designated by the Port whereGround Transportation Vehicles may stage prior to moving to theDesignated South Field Area.

"Interim Effective Date" shall mean the date on which theDirector determines, in writing, that the Interim Rental Car Facilityis available for beneficial occupancy.

"Interim Period" shall mean the period commencing on the InterimEffective Date and ending on the Interim Termination Date.

3 34053

"Interim Rental Car Facility" shall mean the rental car facilityto be constructed by the On-Airport Rental Car Companies and to belocated northwest of the Doolittle Drive and Langley Streetintersection on the North Field at the Airport.

"Interim Termination Date" shall mean the date on which theDirector determines, in writing, that the Long Term Facility isavailable for beneficial occupancy.

"Landside Operations Manager" shall mean the Person employed bythe Port with the primary responsibility to administer the provisionsof these Regulations, or his or her designee.

"Limousine" shall mean a luxury sedan, of either standard orextended length, with a seating capacity or not more than 9passengers, including the driver, used in the transportation ofpassengers for hire on a prearranged basis at or to and from theAirport.

"Long Term Facility" shall mean the rental car facility at theAirport that the Port may construct in the future to replace theInterim Rental Car Facility.

"North Field" shall mean that portion of the Airport locatednorth of Air Cargo Road.

"NOV" shall mean a notice of alleged violation by a Permit Holderor a Driver operating for a Permit Holder of any provision of theseRegulations.

"Off-Airport Parking Operator" shall mean a Person that isengaged in the business of operating one or more parking facilitieslocated off Airport property.

"Off-Airport Rental Car Company" or "Off-Airport Rental CarOperator" shall mean a rental car company that is not an On-AirportRental Car Company.

"On-Airport Rental Car Company" shall mean a Person that leasesspace in the Interim Rental Car Facility, is a member of theCommittee, and is a party to a License and Concession Agreement withthe Port authorizing it to conduct an automobile rental businessconcession at the Airport.

"Passenger Stage Carrier" or "PSC" shall mean a Passenger StageCorporation, as such term is defined in California Public UtilitiesCode Section 226, pursuant to certificates and permits issued by theCommission under the authority of Section 2 (commencing with Section1031) of Chapter 5 of Part 1 of Division 1 of the California PublicUtilities Code as such sections are later changed or amended."Passenger Stage Carriers" shall include, but are not limited to, aPerson operating transportation between fixed termini or over a

4 39053

regular route or at fixed regular schedules such as scheduled door-to-door shuttle vans.

"Passenger Stage Sub Carrier" or "Sub Carrier" shall mean aPerson who holds a TCP permit from the Commission and who has enteredinto an agreement with a Passenger Stage Carrier to own and operateone or more Ground Transportation Vehicles under the direction,supervision and control of such Passenger Stage Carrier and is subjectto all applicable rules and regulations of the Commission and theprovisions of these Regulations applicable to a PSC Permit.

"Permit Holder" shall mean a Qualified Operator to which one ormore 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 ofOakland, California.

"Qualified Operator" shall mean a Charter Party Carrier,Passenger Stage Carrier, Passenger Stage Sub Carrier or operator of aCourtesy Vehicle or Limousine.

"Receipt" shall mean a 3.5"x2" card in the form specified by Portto be furnished by the Driver upon demand by any passenger afterpayment 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 paidby the passenger, the tip amount, and the date and time of thetransaction.

"Regulations" shall mean these Ground Transportation ServicesRegulations, Metropolitan Oakland International Airport.

"Rental Car Radius" shall mean the geographic area within theboundaries extending from the Airport to and including Bay Farm Islandin Alameda, from the Bay Farm Island Bridge in Alameda, across San

Leandro Bay to the intersection of Oakport Street and 66th Avenue inOakland; and the area encompassed by and the frontage on both sides of

the following streets: 66 th Avenue from Oakport Street to San Leandro

Boulevard in Oakland; San Leandro Boulevard, from 66th Avenue toHegenberger Road in Oakland; Hegenberger Road from San Leandro

Boulevard to Baldwin Street in Oakland, from Baldwin Street to 85th

Avenue in Oakland, 85 th Avenue from Baldwin Street to Edes Avenue in

Oakland; Edes Avenue from Hegenberger Road to 98 th Avenue in Oakland;

98 th Avenue from Edes Avenue to Interstate 880 in Oakland; Interstate

880 from 98 th Avenue in Oakland to Williams Street in San Leandro; andWilliams Street from Interstate 880 to and including Oyster BayRegional Shoreline in San Leandro; and Oyster Bay Regional Shorelineextending to Eden Road in Oakland and extending to the Airport, as

5 3 9 0 53

illustrated on the map attached hereto as Exhibit "1", which isincorporated herein by this reference.

"Risk Manager" shall mean the Person designated by the Port toexercise the Port's rights under Section 3 below, or his or herdesignee.

"South Field" shall mean that portion of the Airport locatedsouth of Air Cargo Road.

"Starter" shall mean the Person employed by or at the directionof the Port to direct any Ground Transportation Vehicle to exit aHolding Lot and to proceed to the Designated South Field Area and todirect the loading and unloading of passengers.

"Taxicab" shall mean a Vehicle subject to the TaxicabRegulations.

"Taxicab Regulations" shall mean Port Ordinance 3576 establishingrules and regulations for the conduct of Taxicab operations at theAirport, and any amendments thereto.

"Terminal Buildings" shall mean all buildings and structureslocated within the Airport and open to the public for the purpose offlight ticket purchase, public lobby waiting, baggage check-in andthose other services related to public passenger air travel.

"Transponder" shall mean an automatic Vehicle identificationdevice.

"Vehicle" shall mean a self-propelled device in, upon or by whicha person or property may be transported, carried or otherwise movedfrom point to point, except aircraft or devices moved exclusively uponstationary rails or tracks; provided, however, that commencing on theInterim Effective Date and ending on the Interim Termination Date, thebuses used solely in the Common Use Busing System shall be excludedfrom this definition and shall not be subject to these Regulations.

Section 3 - PERMITTING

A. Permit Required. No Person may operate or cause to beoperated any Vehicle to provide Ground Transportation on the roadwaysof the Airport unless such Person is (a) a Permit Holder or the Driverof a Permit Holder offering Ground Transportation Services inaccordance with these Regulations, (b) a Taxicab or (c) an employee ora contractor of an airline operating at the Airport offering GroundTransportation solely to employees of such airline. The AirportPermit shall at all times remain the property of the Port and issubject to suspension, cancellation, termination, expiration orrenewal in accordance with the provisions of these Regulations. NoAirport Permit shall be required for a Vehicle to drop passengers orbaggage off at the Designated South Field Area. Vehicles operated by

6 34053

the Port shall not require an Airport Permit to operate at theAirport.

B. Types of Permits. Qualified Operators may apply for one ormore of the following categories of Airport Permits to provide GroundTransportation Services at or to and from the Airport:

Charter Party Carrier ("TCP Permit");Passenger Stage Carrier ("PSC Permit");Limousine ("Limousine Permit");Courtesy Vehicle ("Courtesy Vehicle Permit"); andPassenger Stage Sub Carrier ("Sub Carrier Permit").

C. Application For Permits And Renewals. Each QualifiedOperator desiring to provide one or more types of GroundTransportation Services as outlined in Section, shall obtain anAirport Permit for each type of service the Qualified Operator desiresto offer. Each such Qualified Operator shall complete an applicationform provided by the Landside Operations Office, pay the applicationfee set forth in Section below, make the deposit set forth in Section2.3(b) below and provide such information and certifications deemednecessary by the Port, including, but not limited to the informationset forth in Sections through below.

D. Fee. With its application for the Airport Permit, theQualified Operator shall pay a non-refundable application fee to thePort of $300.00 for each Airport Permit the Qualified Operatordesires. (This application fee shall not be applicable toapplications for Limousine Permits or Courtesy Vehicle Permits thatexpire prior to January 1, 2002.)

E. Transponder Deposit. The Qualified Operator shall pay a non-refundable $50 fee for each Vehicle to be permitted under the AirportPermit for the issuance and use of a Transponder for each permitted

Vehicle. This fee shall only be returned if the Airport Permit

applied for is not issued. (This fee shall not be applicable toLimousine Permits that expire prior to January 1, 2002.)

F. Qualified Operator's Identity. The full name, businessaddress, telephone number and contact person for the QualifiedOperator. The Qualified Operator may not conduct business under anyname determined by the Port to be the same or similar to a name listedin a previously issued and unexpired Airport Permit.

G. Driver Identity. Each Qualified Operator shall file andmaintain at the Landside Operations Office, and shall update pursuantto Section 2.8 below, a current roster of Drivers who will operate theVehicles permitted under the Airport Permit applied for. For eachDriver on such roster, the Qualified Operator shall submit to theLandside Operations Office:

1. Name and Address. The full name, address, andtelephone number of the Driver;

7 34053

2. California Drivers License. A copy of the Driver'slicense of the appropriate class issued by the State of California,which must not be suspended or revoked;

3. TCP Commission Permit or Certificate. For each SubCarrier Permit, (i) the PSC shall submit a notarized copy of thecontract between the PSC and the Sub Carrier pursuant to which the SubCarrier shall operate under the control of the PSC, (ii) the SubCarrier shall submit a notarized release from any other PSC with whomthat Sub Carrier had an agreement to own and operate a GroundTransportation Vehicle, and (iii) the Sub Carrier shall submit anyrequired TCP number issued by the Commission to the Passenger StageSub Carrier.

4. Driver Identification Badge. A copy of the DriverIdentification Badge to be issued by the Qualified Operator to theDriver.

H. Equipment Statement. For each Ground Transportation Vehicleto be used under each Airport Permit, the following information,organized by type of Vehicle (TCP, PSC, Limousine or CourtesyVehicle):

1. Vehicle Registration, License Plate and VehicleIdentification Number. A copy of the current State of CaliforniaVehicle registration, the license plate number and the Vehicleidentification number (the license plate for a Limousine operated by aCharter Party Carrier must be the special license plate issued by theDepartment of Motor Vehicles pursuant to Section 5011.5 of theCalifornia Vehicle Code);

2. Vehicle Description. The make, model or type, year ofmanufacture and passenger-seating capacity (excluding the Driver) ofthe Vehicle, and a color photograph of each Vehicle (4" x 6", 35millimeter film), showing the color scheme, company identification andthe general appearance of the Vehicles;

3. Inspection Documentation. Documentation of inspectionsto comply with requirements of the California Highway Patrol and MotorCarrier Safety Sections of Title 13 of the California Code ofRegulations;

4. Vehicle Certificate. The TCP or PSC certificate orpermit issued by the Commission under which the Vehicle is operated,which must not be suspended or revoked. If such certificate or permitis not available or not issued, the applicant must demonstrate how orwhy such certificate or permit is not required under California law;

5. Alternative Fuel Vehicles. Whether or not such Vehicleis an Alternative Fuel Vehicle, and the type of fuel to be used ineach Alternative Fuel Vehicle; and

8 39053

6. Equipment List. A copy of the equipment list issued bythe Commission for all Vehicles covered by a TCP or PSC certificate.

I. Fare Schedule. For each TCP Permit, PSC Permit or SubCarrier Permit application, the schedule of fares to be charged topassengers and approved by the Commission.

J. Insurance. Evidence of insurance verifying the insurancecoverage required under Sections and below.

K. Certification. Signature and certification of thefollowing:

1. Truth of Information. That all statements and otherinformation provided by the Qualified Operator pursuant to theseRegulations are true and complete, and an acknowledgment that anAirport Permit will not be issued, or an issued Airport Permit may berevoked, if the application or such other information contains anyomissions, untrue statements or fraudulent documentation;

2. Payment of Fees. That the Qualified Operatorunderstands it shall pay the fees that are assessed by the Port; and

3. Regulations. That the Qualified Operator has receiveda copy of these Regulations, has read these Regulations and agrees tocomply with the terms of these Regulations.

L. Form of Receipt. A copy of the form of Receipt to befurnished upon demand by any passenger pursuant to Section below.

M. Issuance Of Airport Permit; Renewal.

1. Upon the submission of a completed application, thePort shall review and process, subject to the limitations set forth inthis Section below, (i) an application for a TCP, PSC, Limousine orCourtesy Vehicle Permit within fourteen (14) business days from the datethat a completed application is submitted and (ii) an application for aSub-Carrier Permit within twenty-one (21) business days from the date acompleted application is submitted.

2. For purposes of this Section, an application shall beconsidered complete only if the Landside Operations Manager determinesthat (i) the applicant is a Qualified Operator, (ii) the GroundTransportation Vehicles to be operated pursuant to the permit meet therequirements of these Regulations (including passing a Vehicle inspectionif the Landside Operations Manager determines it is appropriate); (iii)all Drivers named in the application hold valid California driver'slicenses of the appropriate classes; (iv) the applicant has otherwise metall of the requirements of these Regulations, has not had the AirportPermit that the applicant is applying to renew cancelled, does not oweany money to the Port, and is in good standing under any rules andregulations of the Commission; and (iv) that the application contains noomissions, untrue statements or fraudulent documentation.

9 34053

3. A Permit Holder holding a valid Airport Permit may, nolater than November 15 of each calendar year, commencing in calendar year2001, apply to renew the Airport Permit for the next calendar year by (i)submitting a letter advising the Port of its intent to renew the AirportPermit; (ii) submitting a list of all Vehicles to b e registered underthe Permit that the Permit Holder is applying to renew; (iii) submittingthe information contained in Section above for each Driver, in Sectionabove for each such Vehicle, and in Section 2.3(g) above; and (iv)passing a Vehicle inspection on the Vehicle(s) registered under thePermit that the Permit Holder is applying to renew. Upon the completionof the above required procedures, the Landside Operations Manager shall,at his or her reasonable discretion and subject to limitations set forthin Section 2.5 below, renew the Airport Permit on or before December 15of the calendar year prior to the calendar year for which the AirportPermit is to be renewed.

N. Limited Number of Permits.

1. Maximum Limits. In order to insure that the Airport willcontinue to function as an essential commerce and tourist center, toprotect public safety and convenience, to assure unimpeded traffic flowand adequate Vehicle curb and staging areas at the Airport, and topreserve the quality of Ground Transportation Services by avoidingdestructive competition which may impair the quality of such services tothe public, the combined number of Vehicles permitted under AirportPermits shall be limited as follows:

(i) the combined number of Vehicles permitted underLimousine Permits shall not exceed 1,900;

(ii) the combined number of Vehicles permitted underPSC and Sub Carrier Permits shall not exceed 350; no PSC may be issuedSub Carrier Permits for more than 25% of the Vehicles in its fleet forwhich Airport Permits have been issued; no new (as opposed to renewal)PSC or Sub Carrier Permit shall be issued to any Permit Holder that hasless than five Vehicles in its fleet; and no PSC may be issued more than50 Airport Permits;

(iii) the combined number of Vehicles permitted underTCP Permits shall not exceed 450; and

(iv) the combined number of Vehicles permitted underCourtesy Vehicle Permits shall not exceed 100.

The Landside Operations Manager may increase or decrease themaximum number of Vehicles permitted or the number of Airport Permitsauthorized to be issued under these Regulations from time to time as theLandside Operations Manager determines is appropriate based on theAirport's operational and safety needs.

2. Priority. If the number of Vehicles applied forpermitting under Limousine Permits, PSC Permits, TCP Permits, Courtesy

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Vehicle Permits and Sub Carrier Permits is greater than the applicablemaximum number of such Vehicles authorized pursuant to Section above,the Landside Operations Manager shall issue Airport Permits first, tothose who have submitted completed applications for renewal on a "firstapplied, first issued" basis and then, to those completed applicants fornew Airport Permits, on a "first applied, first issued" basis. If thenumber of Vehicles applied for exceeds the applicable maximum number ofVehicles authorized to be permitted under Section 2.5(a), the LandsideOperations Manager may issue an Airport Permit for less than the numberof Vehicles applied for. The Landside Operations Manager shall maintaina list of Airport Permit applicants who have submitted completeapplications and the date and time of such completed submission in theorder of priority as above-described (the "Qualified List"). TheLandside Operations Manager shall notify those Qualified Operator(s)selected to be issued Airport Permits by telephone and by mail of thenumber of Vehicles to be covered by such Airport Permits. The selectedQualified Operator(s) shall have five (5) business days from the date ofeither the telephonic or the mail notification, whichever is earlier, tosubmit a written acceptance. If a selected Qualified Operator shall failto submit a written acceptance within such five (5) business days, theLandside Operations Manager shall remove such Qualified Operator from theQualified List and notify the next Qualified Operator on the QualifiedList. This process shall be repeated until all available permits havebeen issued or all demand has been satisfied.

3. If one or more Airport Permits are terminated orcancelled by the Port or surrendered by the Permit Holder (the "Previous

replacement from the next Qualified Operator on the Qualified List andshall remove the Previous Permit Holder from the Qualified List. TheAirport Permit issued to the replacement Permit Holder shall be effectivefor the remainder of the calendar year in the same manner as provided inSection.

4. Any Qualified Operator who is removed from the QualifiedList must reapply as an applicant for a new Airport Permit and suchapplication may not be submitted earlier than 365 days from the date ofthe removal from the Qualified List and, if qualified, shall be placed atthe end of the Qualified List.

0. Term. The term of an Airport Permit issued to a QualifiedOperator shall be for a period from January 1, or if the Airport Permitis issued later, from the date the Qualified Operator becomes a PermitHolder, until December 31 of that calendar year; provided, however, thatthe Port and the Permit Holder shall each have the right to terminate theAirport Permit prior to the date on which it would otherwise expire bygiving the other party at least thirty (30) days prior written notice ofsuch termination.

P. Vehicle Registration. An Airport Permit only authorizes thePermit Holder to operate the Ground Transportation Vehicles identified and described in the Airport Permit. Any temporary or permanentreplacement of any said Ground Transportation Vehicle shall require prior

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authorization of the Landside Operations Manager, which authorizationshall not be unreasonably withheld, provided that (i) any replacementGround Transportation Vehicle shall be of like kind as the permittedGround Transportation Vehicle to be replaced, (ii) the replacementVehicle complies with all of the requirements of these Regulations and(iii) the Permit Holder submits the information required by Section atleast five (5) days prior to the proposed replacement. Any permanentreplacement of Vehicles shall constitute an amendment of the AirportPermit and shall require written approval of the Landside OperationsManager.

Q. Driver Roster. An Airport Permit only authorizes the GroundTransportation Vehicles to be operated by Drivers identified anddescribed in the roster of Drivers submitted to and maintained at theLandside Operations Office pursuant to Section 2.3(d). Upon thetemporary or permanent replacement of any such Drivers, the Permit Holdershall, within five (5) business days of such replacement, file with theLandside Operations Office a written update of the roster of Driversoperating the Ground Transportation Vehicles permitted by said AirportPermit. Any replacement Driver shall possess the requisite CaliforniaDriver's license and shall be otherwise qualified to operate the GroundTransportation Vehicles covered by s aid Airport Permit. A Driver whosedriver's license has been suspended or revoked shall be deemed to havebeen deleted from the roster of Drivers on the date of such suspension orrevocation. A Driver who has been suspended or permanently expelled fromoperating a Ground Transportation Vehicle at the Airport shall not bepermitted by a Qualified Operator to operate any Vehicle at the Airport,and no Permit Holder shall place or permit such Driver to remain on itsroster of Drivers, in the case of a suspension, for the period of thesuspension, and in the case of an expulsion, permanently.

R. No Automatic Renewal of Permits. Airport Permits will not beautomatically renewed. The holder of an Airport Permit must apply eachyear to renew an Airport Permit pursuant to Section above.

S. Airport Permit Non-Transferable. No Airport Permit may betransferred, assigned, loaned, or sold to any Person and no AirportPermit shall be used by any Person other than the Person to whom theAirport Permit is issued. A change in control of a corporation,partnership or other entity holding an Airport Permit, except in the caseof a corporation whose shares are publicly traded, shall constitute atransfer of such Airport Permit in violation of these Regulations.

T. No Liability to Qualified Operator. The Port and its employeesshall have no liability to any Qualified Operator, Permit Holder orDriver for any loss or damage to the Qualified Operator's, PermitHolder's or Driver's business arising out of the exercise by Port of anyof its rights or the exercise by the Port's emplo yees of any of theirauthority under these Regulations.

U. Designation of Agent for Service of Process. By accepting anAirport Permit, the Permit Holder agrees that if the Permit Holder is nota resident of the State of California, or is an association or

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partnership without a member or partner resident of said state, or is aforeign corporation, then in any such event the Permit Holder shall filewith the Port a designation of a natural person residing in the County ofAlameda, State of California, giving his name, residence and businessaddress as his or its agent for the purpose of service of process in anycourt action between him or it and the Port arising out of or based uponthese Regulations or the Airport Permit, and the delivery to such agentof a copy of any process in any such action shall constitute validservice upon such Permit Holder; and the Permit Holder further agreesthat if for any reason service of such process upon such agent is notpossible, then in such event Permit Holder may be personally served withsuch process out of the State of California, and that such service shallconstitute valid service upon such Permit Holder; and the Permit Holderfurther agrees that Permit Holder is amenable to the process so served,submits to the jurisdiction of the court so acquired, and waives any andall objection and protest thereto.

V. Port Issued Driver Identification Badges. The Port willissue to each Driver a Driver Identification Badge at a cost of$10.00. If lost or damaged, the Port will issue replacement DriverIdentification Badges at a cost of $20.00. Driver IdentificationBadges issued by the Port will expire each December 31 st and must berenewed annually. A Driver Identification Badge issued by the Portshall be automatically revoked on the date the Driver ceases to beemployed by a Permit Holder to operate a Ground Transportation Vehicleat the Airport, or on the date the Driver ceases to be the owner andoperator of a Passenger Stage Sub Carrier that holds a Sub CarrierPermit, as applicable.

Section 4. INSURANCE

A. Insurance Requirement. Each Permit Holder shall obtain andmaintain or cause to be obtained and maintained insurance coverage,insuring against specific and general liabilities as described in thisarising from the operation of Ground Transportation Vehicles by thePermit Holder or its Drivers.

B. Evidence of Insurance. Prior to issuance of an Airport Permitto a Qualified Operator, the Qualified Operator shall provide evidence ofall required insurance to the Risk Manager either by production of theactual insurance policy(ies), by use of the Port's own endorsementform(s), by broker's letter acceptable to the Risk Manager in both formand content in the case of foreign insurance syndicates, by certificatesof insurance by the insurance company, or by other written evidence ofinsurance acceptable to the Risk Manager. At a minimum, all evidence ofinsurance shall contain the applicable policy numbers, the coverage amountlimits, the inclusive dates of policy coverage, the insurance carrier'sname, and an original signature of an authorized representative of saidcarrier. The Port reserves the right to require the Qualified Operator tosubmit to the Port, upon request, copies of all required insurancepolicies and all pertinent information about the agent and carrierproviding such insurance.

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C. Cancellation/Renewal. At least ten (10) days prior to theexpiration date of any insurance policy, the Permit Holder shall filedocumentation showing that the required insurance coverage has beenrenewed or extended. If such coverage is canceled or reduced, PermitHolder shall, within fifteen (15) days of such cancellation of coverage,file with the Risk Manager evidence that the required insurance has beenreinstated or provided through another insurance company.

D. Minimum Scope of Insurance. The insurance limits specifiedherein may be reviewed for adequacy annually by the Risk Manager who maythereafter require Permit Holders to adjust the amounts and insuranceforms to what the Risk Manager deems adequate.

1. Comprehensive/Commercial General Liability. EachPermit Holder shall maintain or cause to be maintained comprehensive orcommercial 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 InsuranceService Office ("ISO") form number GL 0002 (Ed. 1/73) coveringComprehensive General Liability and ISO form number GL 0404 covering BroadForm Comprehensive General Liability, or ISO Commercial General Liabilitycoverage form NUMBER CG 0001.

2. Automobile Liability. Each Permit Holder shallmaintain or cause to be maintained automobile liability insurance withpolicy limits of $1,000,000 combined single limit per accident for bodilyinjury and property damage on ISO form number CA 0001 (Ed. 6/92) coveringAutomobile Liability, code 1 "any auto" and endorsement CA 0025.

3. Workers' Compensation. Each Permit Holder shallmaintain or cause to be maintained workers' compensation insurance asrequired by the Labor Code of the State of California and employersliability insurance with limits of $100,000 per accident.

E. Deductibles and Self-Insured Retentions. Any deductibles orself-insured retention's must be declared to and approved by the RiskManager. At the direction of the Risk Manager, the Permit Holder shallcause the insurer to either reduce or eliminate such deductible or selfinsured retention as respects Port, its agents, contractors, employees andofficers, or the Permit Holder shall procure or cause to be procured abond in a form and issued by a surety acceptable to the Risk Managerguaranteeing payment of losses and related investigations, claimsadministration, and defense expenses in an amount specified by the RiskManager not to exceed the amount of the deductible or self-insuredretention.

F. Other Insurance Provisions.

1. Additional Insured. Each comprehensive/commercialgeneral liability and automobile liability insurance policy shall name thePort, it agents, contractors, employees and officers as additionalinsureds and shall require the insurance company to use counsel reasonablyacceptable to the Port in carrying out its obligations to the Port.

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2. Primary Insurance. The required insurance coverageshall be primary insurance as respects Port, its agents, contractors,employees and officers. Any insurance or self-insurance maintained byPort, its agents, contractors, employees and officers, shall be excess ofPermit Holder's insurance and shall not be called upon to contribute to aloss.

3. Severability of Interest, Waiver of Subrogation,Contractual Liability. The required insurance shall state that it shallapply separately to each insured against whom a claim is made or suit isbrought, subject to the limits of the insurer's liability. All suchpolicies shall be endorsed with a severability of interest or crossliability endorsement in a form acceptable to the Risk Manager, shallcontain a waiver of any rights of subrogation that the insurer may haveagainst the Port, and shall provide contractual liability coverage forPermit Holder's covenants to and indemnification of the Port under theseRegulations.

4. Notice of Cancellation. Each insurance policy shall beendorsed to state that coverage shall not be suspended, voided, canceled,or reduced in coverage or in limits except after thirty (30) days' priorwritten notice to the Risk Manager.

5. Acceptability of Insurers. Insurance shall be placedwith insurers that are acceptable to the Risk Manager in his or her solediscretion.

G. Correspondence Regarding Coverage. All evidence of insurancerequired in this 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 suchother place as the Risk Manager may designate in writing from time totime.

H. Lapse of Insurance. Upon failure of the Permit Holder to fileproper evidence of insurance or upon the lapse of any policy, the LandsideOperations Manager may, without further notice, and whether or not an NOVis issued, immediately suspend the Airport Permit until the Permit Holderhas filed proper evidence that the required insurance is in effect.

I. Indemnity. Each Permit Holder by accepting an Airport Permithereby agrees to indemnify and save harmless the City and the Port andtheir respective elected or appointed officials, agents, boards,commission, employees, representatives and invitees, from and against allliability, action, loss, suit, demand, judgment, fine, damage, expense,cost or claim, of any character or nature (including all costs forinvestigation and defense thereof including, without limitation, courtcosts, paralegal and expert fees and reasonable attorneys' fees), arisingout of or in connection with any breach by Permit Holder of itsobligations under these Regulations, or any other act or omission of thePermit Holder, its directors, officers, agents, employees, invitees or

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Drivers which results in personal injury or property damage, unless causedby the sole negligence or willful misconduct of the Person seeking suchindemnification. In carrying out its obligations hereunder, the PermitHolder shall use legal counsel reasonably acceptable to the Port. Theprovisions of this Section shall survive the expiration or termination ofany Airport Permit.

Section 5 - GENERAL PROVISIONS GOVERNING OPERATIONS

A. Authorization to Operate. Upon issuance of an Airport Permitand only with such Airport Permit, the Permit Holder's Drivers identifiedin the roster of Drivers on file with the Landside Operations Manager mayoperate the Ground Transportation Vehicles identified in the AirportPermit in providing Ground Transportation Services at the Airport, butonly in accordance with all of the provisions of these Regulations.

B. Compliance With Laws, Rules and Regulations. The PermitHolder and each Driver shall faithfully observe and comply with theseRegulations, any applicable City ordinance and all other rules,regulations, orders and restrictions which are now in force or which mayhereafter be adopted by the City, the Port or the Commission with respectto providing Ground Transportation Services or operating GroundTransportation Vehicles. The Permit Holder and each Driver shall observeany and all orders, directives or conditions issued, given or imposed bythe Landside Operations Manager, the Airport General Manager or theDirector with respect to the use of roadways, driveways, curbs, sidewalks,parking areas and passenger stations in the Airport. The Permit Holderand each Driver shall also obey all traffic directions given by Airportpersonnel during times of construction.

C. Federal, State and Local Laws. The Permit Holder and eachDriver 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, Title 13 of theCalifornia Administrative Code, and Chapter 10.56 of the City MunicipalCode - "Airport Ground Traffic Regulations", and the Port's Airport Rules& Regulations.

D. Controlled Substance and Alcohol Testing. The Permit Holdershall perform controlled substance and alcohol testing on its Drivers,including pre-employment, random post-employment, post-accident,reasonable suspicion, and return to duty testing, to the extent permittedby applicable federal, state and local law. Since driving a GroundTransportation Vehicle is a safety-sensitive position, Permit Holder willpromptly remove any employee who fails any such test from its roster ofDrivers maintained pursuant to Section 3q above at least until theemployee successfully completes a substance abuse program approved by thePort.

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E. Criminal Background Checks. To the extent permitted byapplicable federal, state and local law, Permit Holder shall screenall applicants for employment as Drivers for criminal convictions thatoccurred less than seven (7) years from Permit Holder's request forcriminal background information on such applicant. Permit Holdershall not employ or continue to employ anyone as a Driver who has beenconvicted within the last seven (7) years of assault, battery, robberyor other violent crime.

F. Fares. Permit Holders and their Drivers shall chargepassengers fares at rates not greater than those fares permitted by theCommission. Drivers shall, upon demand by any passenger, furnish to suchpassenger a Receipt.

G. Transportation of Passengers. Drivers shall be responsiblefor the transportation of passengers to and from and on the Airport withutmost consideration of the safety, comfort, and convenience of passengersand their luggage.

H. Solicitation.

1. Permit Holders, Drivers and affiliates of PermitHolders are prohibited from soliciting or attempting to solicit passengerson Airport property. For purposes hereof, except as provided below, thefollowing acts constitute "soliciting":

(i) initiating or engaging in a conversationregarding Ground Transportation with any Person on Airport property forthe purpose of seeking passengers or customers for a Driver or thebusiness of a Permit Holder; or

(ii) employing, inducing, arranging for or allowingany Person to initiate or engage in a conversation regarding GroundTransportation with any other Person on Airport property for the purposeof seeking passengers or customers for a Driver or the business of aPermit Holder; or

(iii) engaging in any conduct or activity intended toor apparently intended to ask, implore or persuade a passenger to alterhis or her previously chosen Ground Transportation Vehicle or Taxicab orspecific Permit Holder or Driver; or

(iv) delivering literature on Airport propertydiscussing or describing Ground Transportation or Ground TransportationServices to any Person; or

(v) offering Ground Transportation or GroundTransportation Services while on Airport property to any Person inviolation of any provision of these Regulations.

2. The following actions do not constitute solicitation:

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(i) actions by a Starter that would otherwise beconsidered solicitation so long as such actions occur while the Starter isin the immediate vicinity of the Designated South Field Area and workingas a Starter; or

(ii) actions by a Driver in transporting any Personfrom Airport property if the Person is loaded into the GroundTransportation Vehicle in accordance with these Regulations; or

(iii) actions by employees of any airline in arrangingfor transportation for any passenger of such airline.

I. Loading/Unloading of Passengers. No Driver may pick up ordischarge passengers or their luggage at any location other than theDesignated South Field Area for the Ground Transportation Vehicle operatedby that Driver.

1. Holders of TCP and Limousine Permits. Driversoperating Ground Transportation Vehicles permitted by TCP and/or LimousinePermits shall:

(i) load and unload passengers only in areasdesignated by the Landside Operations Manager in the Designated SouthField Area;

(ii) pick up passengers only by prior appointment orpre-arrangement with that passenger; and

■

indicating the Driver's name, the name and phone number of the TCP orLimousine Permit Holder, the PSC or TCP certificate number and the numbersand names of the passengers to be met, the airline name, the flight numberand scheduled arrival time of the passengers to be picked up.

2. Holders of PSC Permits. Drivers operating a GroundTransportation Vehicle permitted by PSC Permits shall:

(i) load and unload passengers only in areasdesignated by the Landside Operations Manager in the Designated SouthField Area or as directed by Starters;

(ii) remain on Airport property for any continuousperiod of no more than thirty (30) minutes and must depart the Airportwithin ten (10) minutes after the first passenger has boarded that GroundTransportation Vehicle; and

(iii) if no designated unloading/loading spots in theDesignated South Field Area is available, either exit the Airport propertyor wait in the Holding Lot unless and until directed by a Starter to moveto a designated unloading/loading spot.

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3. Holders of Courtesy Vehicle Permits.

(i) Except as otherwise provided in subsection (ii)below, Drivers of Ground Transportation Vehicles permitted by CourtesyVehicle Permits shall load and unload only in areas designated by theLandside Operations Manager in the Designated South Field Area.

(ii) Commencing on the Interim Effective Date andending on the Interim Termination Date: Holders of Courtesy VehiclePermits for Courtesy Vehicles that serve any Off-Airport Rental CarCompany shall load and unload only at the Common Bus Stops, which shall bethe only Designated North Field Area for such Courtesy Vehicles; theholder of any Courtesy Vehicle Permit shall have no right to drop off orpick up passengers of an Off-Airport Rental Car Company at the TerminalBuildings or at any other location in the Designated South Field Area; allof such passengers shall be required to be transported between the InterimRental Car Facility and the Terminal Buildings, and between the TerminalBuildings and the Interim Rental Car Facility, by the Common Use BusingSystem.

(iii) A holder of a Courtesy Vehicle Permit mustoperate its Ground Transportation Vehicles so as to maintain an averageheadway time between its Vehicles at a level as determined by the LandsideOperations Manager. Any planned decrease in such headway times mustreceive the prior written approval of the Landside Operations Manager.

4. Inner Curb Loading and Unloading. With the permissionof a traffic control officer, Ground Transportation Vehicles may load orunload at the Terminal Buildings inner curb only when loading orunloading disabled or frail passengers.

J. Unattended Vehicles. No Driver may leave a GroundTransportation Vehicle unattended anywhere on Airport property for anyreason, unless the Driver has been authorized to leave such GroundTransportation Vehicle by the Starter or the Landside Operations Manager.Notwithstanding the above, Drivers of Ground Transportation Vehiclespermitted under TCP and Limousine Permits may perform meet and greets("Meet and Greets") according to the limitations below:

1. Baggage Claim Area Time Limits. A Driver may enter abaggage claim area (the "Baggage Claim") not more than fifteen minutesfor domestic flights and five minutes for international flights prior tothe arrival time of the flight the Driver is there to meet and may remainin Baggage Claim not more than thirty minutes for domestic flights andone hour for international flights after the flights' actual arrivaltime. Flight arrival times shall be determined utilizing the Port'sflight monitors posted throughout the Terminal Buildings.

2. Baggage Claim Meet and Greet Area. Drivers performingMeet and Greets in the Baggage Claim shall stand only in the areas in theBaggage Claim designated by the Airport for Meet and Greets (the "Meetand Greet Areas") while waiting to meet their passengers. If a Driverbelieves that he or she missed the passenger or group he or she was

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meeting, such Driver may continue to wait in the Meet and Greet Areas,may contact a Ground Transportation Agent for guidance, or may use publictelephones in any area of the Terminal Buildings other than Baggage Claimto contact the passenger or group being met or the Permit Holder. NoDriver performing a Meet and Greet may meet his or her passenger at oraround any Baggage Claim carousel.

3. Persons in Baggage Claim and Outside Meet and GreetAreas. No Driver may be in Baggage Claim and outside the Meet and GreetAreas unless he or she:

(i) is assisting his or her pre-arranged passengerwith luggage;(ii) is en route to or from the Meet and Greet Areas;(iii) is en route to or from the Baggage Claim exits;or(iv) is performing a Meet and Greet for a passengerwho is in a wheelchair or is otherwise disabled.

In addition to writing a NOV, Port personnel may escort anyDriver who violates this Section to the Meet and Greet Areas or out ofthe Airport depending on the individual's apparent destination or maydirect such Driver or affiliate to the appropriate destination.

4. Personal or Other Business in Baggage Claim. No Drivermay enter Baggage Claim on personal business or any other businessunrelated to the provision of Meet and Greet services except when such

in the business of a Port authorized baggage delivery service for anairline and is in Baggage Claim for the express purpose of collectingbaggage from that airline, or is himself or herself traveling on a flightthat arrived at the Airport within one (1) hour of the time the Driver ispresent in Baggage Claim. A Driver may meet friends and relativesarriving at the Airport in Baggage Claim if the Driver conducts himselfor herself as if he or she were performing a Meet and Greet in accordancewith all of the requirements of this Section.

5. Sign Requirements. Drivers performing Meet and Greetsshall, at all times while performing a Meet and Greet, carry a sign forthe purpose of locating the passenger or group the Driver is meeting.

(i) Appearance. The Meet and Greet sign shall:

(a) be at least 8" x 10" in size but not largerthan 15" x 15" in size if the sign is hand written orlettered;

(b) be at least 4" x 8" in size but not largerthan 15" x 15" in size if the sign is not hand writtenor lettered (i.e. professional signs); and

(c) contain the name or logo of the individual,group or company being met.

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(ii) Additional Information. If a Meet and Greet signcontains the name of a group, the Driver must carry and be able toprovide either the name and flight information for each passenger inthe group (i.e. a passenger manifest) or a copy of a contractualagreement for provision of the Meet and Greet service.

6. Provision of Meet and Greet Information. A Driverperforming a Meet and Greet must provide upon request of any Portpersonnel, the name of the Permit Holder for whom the Driver isoperating, together with either verifiable individual passengerairline, flight number, flight arrival time and passenger nameinformation or a copy of a contractual agreement for the provision ofMeet and Greet Services in the case of a group. A Driver's refusal torespond when asked if he or she has a Meet and Greet shall be deemedan admission that the Driver has a Meet and Greet and shall constitutea failure to provide the required information.

K. Vehicle Identification; Transponder. Each Permit Holder shallat all times comply with the following procedures for the purpose ofidentifying and tracking the Permit Holder Vehicles:

1. After completion of review of an application for AirportPermit, Port will issue a decal and Transponder for each GroundTransportation Vehicle permitted under the Airport Permit. The Portshall affix such decal on each Ground Transportation Vehicle at avisible location. Decals and Transponders are non-transferable and

cancellation of the Airport Permit under which the decal orTransponder is issued. 1

2. A Transponder shall be installed by the Port on eachGround Transportation Vehicle. Permit Holders may contact the GroundTransportation Unit at the Airport to make installation appointments.Transponders are non-transferable to another Vehicle except to areplacement Vehicle pursuant to Section 3P. 2

3. Permit Holders will be required to pay a non-refundable $50.00 fee per Transponder. Such fee is payable at time of

submission of the application for the Airport Permit.2

L. No Littering. Littering on Airport property is prohibited.

M. No Repairs, Maintenance or Washing. No Permit Holder orDriver shall, while on Airport property, perform or attempt to performany repair or maintenance on any Ground Transportation Vehicle, change

1 A Transponder will not be issued to Limousines prior to January 1, 2002.

2 These Sections do not apply to Limousine Permits that expire prior to January 1, 2002.

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or attempt to change its oil, battery or spark plugs, top off itscoolant, or wash any Ground Transportation Vehicle.

N. False/Misleading Information. No Permit Holder or Driver mayprovide false or misleading information regarding GroundTransportation Services to any Person. False information includes anyattempt to obtain payment in excess of that authorized by law.

0. Alcohol/Drugs. The use or possession of any alcoholicbeverage or possession of any unlawful drugs or narcotics by a Driverwhile on the Airport is prohibited.

P. Improper Conduct. No Driver or any employee of any PermitHolder may engage in any improper conduct while on Airport property.Improper conduct includes, without limitation, use of profane orvulgar language, commission of a felony or a misdemeanor, possessionof a firearm or other weapon, fighting, defecating or urinating inpublic, gambling or participating in other games of chance where moneyis involved, failure to cooperate with any Airport official in theperformance of his or her official duties, a willful assault orbattery 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 causephysical injury to any Person.

Q. Refusal to Convey Fares. No Driver may refuse any reasonablerequest for service at any time while operating a GroundTransportation Vehicle at the Airport. This prohibition extends toand prohibits refusal of any fare on the basis that the passenger istraveling to a short-haul destination.

R. Scripts for Seniors. No PSC or Passenger Stage Sub CarrierDriver may refuse any fare on the basis that the passenger has a"Senior Script" issued by the City or Alameda County, California. NoDriver may take any action to dissuade any such passenger from ridingin the Driver's Ground Transportation Vehicle. Senior Scripts shallbe honored by Permit Holders serving the Airport.

S. Unauthorized Use of Tenant Facilities. No Driver may usefacilities of any Airport tenant without authorization from the tenantor the Landside Operations Manager.

T. Violations by Off-Airport Rental Car Companies. If the Portgives written notice to the holder of a Courtesy Vehicle Permit thatan Off-Airport Rental Car Company is delinquent in any payments owedto the Port under these Regulations, or has otherwise violated itsobligations under there Regulations, then the holder of such CourtesyVehicle Permit shall immediately cease serving all Customer Facilitiesoperated by such Off-Airport Rental Car Company, and such PermitHolder shall not resume such service until the Port has advised suchPermit Holder in writing that such Off-Airport Rental Car Company haspaid all delinquent payments to the Port and is no longer in violationof these Regulations.

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Section 6. VEHICLE REQUIREMENTS

A. Fleet Age. On and after January 1, 2002, each GroundTransportation Vehicle operating under an Airport Permit shall be notmore than seven (7) years old (measured from the date of firstmanufacture). Permit Holder may, with the permission of the LandsideOperations Manager, which permission shall not be unreasonablywithheld, temporarily substitute a Ground Transportation Vehicle whichis not more than seven (7) years old (measured from the date of firstmanufacture); provided that any such temporary substitution shallcomply with all other Ground Transportation Vehicle specification andinspection requirements set forth in these Regulations, and shall befor a period of not more than ten (10) consecutive days. The PermitHolder may make no more than two (2) substitutions for the same GroundTransportation Vehicle in any one-(1) calendar year.

B. Alternative Fuel. From July 1, 2002 through June 30, 2003,each Permit Holder operating four (4) or more Ground TransportationVehicles at the Airport shall ensure that 25% of all the GroundTransportation Vehicles for which Airport Permits have been issued (orif an odd number, 25% of one less than the number of such GroundTransportation Vehicles) shall be Alternative Fuel Vehicles. On orafter July 1, 2003, each Permit Holder operating more than one (1)Ground Transportation Vehicle at the Airport shall ensure that 50% ofall the Ground Transportation Vehicles for which Airport Permits havebeen issued (or if an odd number, 50% of one less than the number of

Vehicles. For example, if on or after July 1, 2003, a Permit Holderhas eleven (11) Ground Transportation Vehicles permitted to operate atthe Airport, five (5) of the Ground Transportation Vehicles shall beAlternative Fuel Vehicles.

C. Vehicle Specification. All Ground Transportation Vehiclesoperating under these Regulations shall comply with the followingspecifications:

1. Color Scheme. All Ground Transportation Vehicles withthe same type of Airport Permit issued to a Permit Holder shall have acommon color scheme and marking so as to be readily identifiable asbelonging to the Permit Holder.

2. Air Conditioning and Heating. Each GroundTransportation Vehicle shall have a properly installed and maintainedair conditioner and heating system to provide sufficient passengercomfort at all times. Cooling shall be operated at all times whentemperatures reach or exceed 75 degrees or at any time upon passengerrequest. Heaters shall be operated upon passenger request.

3. Fare Display. Each Ground Transportation Vehiclepermitted under a PSC or Passenger Stage Sub Carrier Permit shallprominently display its fare schedule.

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D. Vehicle Condition and Appearance. The exterior of each GroundTransportation Vehicle shall be maintained in a damage-free and cleancondition. The interior of each Ground Transportation Vehicle shall bemaintained in a damage-free and clean condition, free from litter,foreign matter and offensive odors. Each Ground TransportationVehicle shall be washed and swept/vacuumed prior to beginning each dayof operation. Each Ground Transportation Vehicle shall bemechanically and structurally sound and maintained to provide for thesafety of the public in accordance with the City ordinances, statelaws and these Regulations. Ground Transportation Vehicles with anydamage, including noticeable scratches and dents, tires that fail tocomply with California Highway Patrol tread requirements, or any non-working parts, shall not pick up passengers at the Airport.

E. Vehicle Inspection. Prior to issuance of an Airport Permitand from time to time thereafter, the Landside Operations Managershall have the right to inspect a Qualified Operator's or PermitHolder's Ground Transportation Vehicles to determine if they complywith the requirements contained in these Regulations. A QualifiedOperator must correct any deficiency noted in the Vehicle inspectionchecklist issued by the Landside Operations Manager before an AirportPermit may be issued. A Permit Holder must correct any deficiencynoted in the Vehicle inspection checklist issued by the LandsideOperations Manager by the date specified in the checklist. No GroundTransportation Vehicle will be considered to have "passed" anyinspection until all deficiencies have been corrected and the GroundTransportation Vehicle has been satisfactorily re-inspected by the

MnrInrvin-, TC t TnI,AciAr,

determines that a Ground Transportation Vehicle is in an unsafe orunsanitary condition or does not otherwise comply with theseRegulations, the Permit Holder shall not operate such GroundTransportation Vehicle until the Permit Holder has corrected theunsafe or unsanitary condition and is otherwise in compliance with theprovisions of these Regulations.

F. Repair Notices. Any damaged Ground Transportation Vehiclemust be presented to the Landside Operations Manager for inspectionimmediately. Said Ground Transportation Vehicle must be repaired bythe date specified on a repair notice to be issued by the LandsideOperations Manager.

G. Vehicle Maintenance Program. Each Permit Holder shall submitto the Landside Operations Manager within thirty (30) days ofreceiving an Airport Permit, a Ground Transportation Vehiclemaintenance program which will be in effect throughout the Permit yearand which is in accordance with the Ground Transportation Vehiclemanufacturer's warranty specifications for each of the Permit Holder'sGround Transportation Vehicles permitted under the Airport Permit.Such program shall describe the maintenance facility, equipment,number of personnel, schedule of maintenance and maintenance recordkeeping.

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Section 7. DRIVER REQUIREMENTS

A. General Appearance. All Drivers shall, at all times while onduty, be distinctively uniformed, be neat in dress, be courteous andinformed in dealing with passengers and the public.

B. Attire. Drivers shall wear shirts or blouses that havecollars and are of a solid color. Blouses may not be see-through.Drivers shall wear slacks that are full-length. Female Drivers maywear skirts provided the skirts are no more than two inches above theknee. All slacks and skirts shall be of a solid color. Drivers shallwear dress-type shoes with socks or panty hose.

C. Hygiene. Drivers shall keep their hair clean and trimmed atall times. Male Drivers may have facial hair (beards, mustaches,sideburns, etc.) only if the hair is kept clean and trimmed in amanner acceptable to the Landside Operations Manager. Drivers shallcontrol body odor so as not to be offensive, use proper oral hygiene,and keep face and body free of dirt. If the Landside OperationsManager determines that a Driver is so unsanitary as to be offensiveto passengers or is otherwise in violation of any provisions of this,the Landside Operations Manager may, whether or not an NOV is issued,immediately suspend the Airport Permit until the Driver has correctedthe unsanitary condition and is otherwise in compliance with this.

D. Driver Identification Badge. Drivers shall at all timesmaintain and display their unexpired Driver Identification Badge in

Section 8 - SECURITY DEPOSITS AND FEES

A. Fees.

1. Limousine Fees. Each holder of a Limousine Permit shallpay fees to the Airport as follows: Prior to January 1, 2002, anannual fee of $75.00 per Vehicle up to a maximum of five (5) Vehicles,and if six (6) or more Vehicles, an annual fee of $400. CommencingJanuary 1, 2002, a per trip fee for each trip from the Airport withpassengers or luggage, as follows: From January 1, 2002 throughDecember 31, 2002, $1.50 per trip; on and after January 1, 2003, $2.00per trip.

2. PSC and Sub Carrier Per Trip Fees. Each holder of a PSCor Sub Carrier Permit shall pay a per trip fee for each trip from theAirport with passengers or luggage, as follows: Prior to January 1,2002, a fee of $1.00 per trip; January 1, 2002 through June 30, 2002,$1.50 per trip; from July 1, 2002 through December 31, 2002, $2.00 pertrip; on and after January 1, 2003, $2.50 per trip.

3. TCP Vehicle Per Trip Fees. Each holder of a TCP Permitshall pay a per trip fee for each trip from the Airport withpassengers or luggage, as follows: Prior to January 1, 2002, a fee of$1.00 per trip; from January 1, 2002 through June 30, 2002, $1.50 per

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trip; from July 1, 2002 through December 31, 2002, $2.00 per trip; onand after January 1, 2003, $2.50 per trip.

4. Courtesy Vehicle Fees.

(i) Each holder of a Courtesy Vehicle Permit for aCourtesy Vehicle that serves any hotel or motel located off Airportproperty shall pay a per trip fee for each trip from the Airport withpassengers or luggage, and each holder of a Courtesy Vehicle Permitfor a Courtesy Vehicle that serves any on-Airport location of anytenant at the Airport shall pay a per trip fee for each trip from thecurb that serves the Terminal Buildings, as follows: Prior to January1, 2002, 50 per trip; from January 1, 2002 through June 30, 2002,$1.00 per trip, from July 1, 2002 through December 31, 2002, $1.50 pertrip, on and after January 1, 2003, $2.00 per trip.

(ii) Each holder of a Courtesy Vehicle Permit for aCourtesy Vehicle that serves any Off-Airport Parking Operator shallpay a per trip fee for each trip from the Airport with passengers orluggage as follows: Prior to July 1, 2002, $1.00 per trip; from July1, 2002 through December 31, 2002, $1.50 per trip; on and afterJanuary 1, 2003, $2.00 per trip.

(iii) At all times except during the Interim Period,each holder of a Courtesy Vehicle Permit for a Courtesy Vehicle thatserves any Off-Airport Rental Car Company shall pay fees to theAirport as follows:

(a) for less than 600 trips from the Airportwith passengers or luggage in a calendar month: $1.00 pertrip prior to January 1, 2002; $1.50 per trip from January1, 2002 through June 30, 2002; $2.00 per trip on and afterJuly 1, 2002.

(b) For 600 or more trips from the Airport withpassengers or luggage in a calendar month, the greater ofthe then applicable per trip fee per month, as provided inSection 8A4(iii)(a) above, or 8.5% of monthly grossrevenue, as hereafter defined. "Gross revenue" shall bedefined as all charges made or revenue received by the Off-Airport Rental Car Company from the operation of itsautomobile rental business upon the premises from which thevehicle trip to the Airport originates, but shall notinclude sums recovered from insurance or otherwise fordamage to automobiles or other property of such Company,nor for the loss, conversion or abandonment of suchautomobiles or other property, nor any amounts paid bycustomers of such Company separately billed as additionalcharges for waiver by such Company of its rights to recoverdamages from its customers for damages to or destruction ofthe vehicle rented, nor any tax levied by any competentgovernment-al authority which is separately stated andcollected from such Company's customers, and, except as set

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forth above, "gross revenue" also shall include all chargesmade or revenue received by such Company on automobileswhich are rented at or taken by customer from such premisesregardless of what station or establish-ment of suchCompany may receive the automobile upon its return by thecustomer, or the rental therefor.

(c) Off-Airport Rental Car Companies that areserved by Courtesy Vehicles that make a total of 600 ormore vehicle trips per month to the Airport shall berequired to report monthly gross revenue, as defined above,to the Port on a monthly basis, such report to be receivedby the Port no later than 30 days following the end of eachcalendar month, and to be accompanied by payment to thePort of 8.5% of such off-Airport rental car companiesmonthly gross revenue for the calendar month covered by thereport. The amount of such monthly gross revenue shall besubject to audit by the Port upon such terms and conditionsas may be established by the Director or his designee. Allrecords relating to such gross revenue shall be maintainedby each Off-Airport Rental Car Company for a minimum ofthree years.

(iv) Commencing on the Interim Effective Date andending on the Interim Termination Date, each holder of a CourtesyVehicle Permit for a Courtesy Vehicle that serves any Off-AirportRental Car Company and that makes more than 600 trips in a calendarmonth shall pay a trip fee of $1.50 for each trip in that calendarmonth. For purposes of this subsection (iv), a trip shall occur eachtime such Courtesy Vehicle enters the Airport.

5. Off-Airport Privilege Fee. Commencing on the InterimEffective Date and ending on the Interim Termination Date, any Off-Airport Rental Car Company that has any Customer Facility served byany Courtesy Vehicle shall pay the Annual Off-Airport Privilege Feeprovided for in attached Exhibit "2" which is incorporated herein byreference as fully as if set forth in this subsection (e).

6. Dwell Time Fees. For each trip to the Airport to pickup or load passengers and/or luggage, each holder of an Airport Permitshall pay a dwell time fee of .50C for each minute or portion of aminute in excess of thirty (30) minutes that any Ground TransportationVehicle permitted under such Airport Permit remains continuously onthe Airport, not to exceed $50.00 per trip to the Airport; provided,however, that this fee shall not apply to Limousine Permits orCourtesy Vehicle Permits that expire prior to January 1, 2002.

Per trip fees, use fees and dwell time fees shall be paidin accordance with Section 8B below and may not be deferred orforgiven unless otherwise approved by the Landside Operations Manager.The per trip fee will not be applicable to off-Airport pick-ups. TheDirector may change or modify the per trip fee, use fee or the dwelltime fee at any time upon not less than thirty (30) days' notice to

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all Permit Holders and such change shall be ratified immediately bythe Board of Port Commissioners.

B. Billing and Security Deposit.

1. Monthly Billing. The Port will bill each TCP, PSC,Limousine and Courtesy Vehicle Permit Holder monthly for the totalaggregated per trip fees, use fees and dwell time fee for eachcalendar month. Fees on Ground Transportation Vehicles owned andoperated by Sub Carriers shall be billed to and payable by the holderof the PSC Permit with whom the Sub Carrier has a contract to operateunder the Commission certificate of that PSC Permit. Fees are dueupon receipt of invoice and shall be paid no later than ten (10) daysafter receipt of invoice. In the event of the failure of theTransponder for a Vehicle covered by an Airport Permit, the Port shalldetermine the Permittee's trip fees and dwell time fees for thatVehicle based upon the average number of trips per Vehicle and averagedwell time per Vehicle of the Vehicles covered by such Airport Permitin the same month of the prior year, or if less than one full year ofoperation, based upon the average of the number of trips and averagedwell time per Vehicle during the term of the Airport Permit.Commencing on the Interim Effective Date and ending on the InterimTermination Date, the Annual Off-Airport Privilege Fee shall bepayable in accordance with the provisions of attached Exhibit "2."

2. Security Deposit for Airport Permits. Upon the issuanceof an Airport Permit, each Permit Holder shall pay and maintain asecurity deposit in the amount indicated below, to be held by the Portfor the account of the Permit Holder. The Port will not pay intereston the security deposit. The Port may deduct any delinquent amountpayable to the Port by the Permit Holder from the amount in the PermitHolder's security deposit account. Should any amount be deducted fromits security deposit account, such Permit Holder shall replenish thesecurity deposit account to the required amount within ten (10) daysof notice from the Port of such deduction. Upon the second draw onany Permit Holder's security deposit account within any twelve (12)consecutive months, the required amount to be deposited with thePermit Holder 's security deposit account shall increase to two (2)times the standard required security deposit amount. The standardrequired security deposit amount shall be $500 for one (1) to five (5)permitted Ground Transportation Vehicles and $50 for each GroundTransportation Vehicle thereafter, subject to increase or decrease atthe discretion of the Landside Operations Manager, upon not less thanthirty (30) days notice to the Permit Holder; provided, however, thatsuch security deposit will not have to be paid by the holders ofLimousine Permits or Courtesy Vehicle Permits that expire prior toJanuary 1, 2002; and further provided, however, that commencing on theInterim Effective Date and ending on the Interim Termination Date,such security deposit will not have to be paid on any Courtesy VehiclePermit issued to an Off-Airport Rental Car Company to serve any of itsCustomer Facilities.

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3. Security Deposit for Off-Airport Rental Car Companies.Commencing on the Interim Effective Date and ending on the InterimTermination Date: each Off-Airport Rental Car Company that has anyCustomer Facility served by any Courtesy Vehicle shall submit to thePort a performance bond in the form of a multiple maturity certificateof deposit, a cashier's check, or an irrevocable letter of credit in aform and issued by a bank acceptable to the Port, in the amount oftwenty-five percent (25%) of the First Year's Minimum AnnualGuarantee, or twenty-five percent (25%) of the Minimum AnnualGuarantee, as applicable to the Off-Airport Rental Car Company, and asdefined in attached Exhibit "2"; the Port will not pay interest on thesecurity deposit; the Port may deduct any delinquent amount payable tothe Port by the Off-Airport Rental Car Company from such securitydeposit; should any amount be deducted from an Off-Airport Rental CarCompany's security deposit, the Off-Airport Rental Car Company shallreplenish its security deposit to the required amount within ten (10)days of notice from the Port of such deduction.

C. Lost or Damaged Transponder. If the Transponder installed bythe Port on a Ground Transportation Vehicle is lost or damaged for anyreason, Permit Holder agrees to pay the Port an additionalnonrefundable $50.00 fee.

D. Delinquency Charge. Any payment required to be made to thePort under these Regulations that remains due and unpaid for a periodof 10 days after it becomes due and payable shall be subject to adelinquency charge, for violation of these Regulations and asliquidated damages, of $50.00 plus a sum equal to 0.05% (five one-hundredths of one percent) per day of such delinquent payment, but notto exceed the maximum interest rate permitted by applicable law, foreach day from the date such payment became due and payable untilpayment has been received by the Port.

Section 9 - VIOLATION

A. General. Permit Holders and Drivers must, as a condition formaintaining an Airport Permit, strictly comply with these Regulations.Violations in any form or manner will result in penalties and finesoutlined in this, including but not limited to, the cancellation ofthe Airport Permit.

1. Level One Violations. Violations under this categorywill be subject to the penalties set forth below, to be imposedpursuant to below.

(i) Providing or offering to provide GroundTransportation at the Airport without an Airport Permit issuedpursuant to Section 3M authorizing the Vehicle to provide such service(in violation of Section 3A or Section 5A) shall result in a fineimposed on the driver and the owner of such unpermitted Vehicle of$500.00 each for each such violation of any of these Regulations.

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(ii) Failure to observe any and all orders, directivesor conditions issued, given or imposed by the Landside OperationsManager, the Airport General Manager or the Director with respect tothe use of roadways, driveways, curbs, sidewalks, parking areas andpassenger stations in the Airport or to obey all traffic directionsgiven by Airport personnel during times of construction, in violationof Section 5B, shall result in a fine on the Permit Holder of $500.00and a fine on the offending Driver of $500.00.

(iii) Charging any passenger a fare in excess of thefares permitted by the Commission in violation of Section 5F shallresult in a fine on the Permit Holder of $250.00 and a fine on theoffending Driver of $250.00.

(iv) Transporting passengers in an unsafe manner inviolation of Section 5G shall result in suspension of the offendingDriver for ten (10) days, and a fine on the Permit Holder of $200.00.

(v) Soliciting in violation of Section 5H shall resultin a fine on the Permit Holder of $250.00 and a fine on the offendingDriver of $250.00.

(vi) Loading or unloading of passengers at locationsother than designated locations at the Designated South Field Area inviolation of Section 51 (excluding Section 5I3(ii)) shall result in afine on the Permit Holder of $100.00 and a fine on the offendingDriver of $100.00.

(vii) Unauthorized loading of passengers in a GroundTransportation Vehicle permitted under a TCP or Limousine Permitwithout a waybill in violation of Section 51 shall result in a fine onthe Permit Holder of $500.00 and a fine on the offending Driver of$500.00.

(viii) Remaining on Airport propertyTransportation Vehicle permitted under a PSC Permitperiod than permitted under Section 51 shall result inPermit Holder of $250.00 and a fine on the offending$250.00.

in a Groundfor a longera fine on the

Driver of

(ix) Leaving a Ground Transportation Vehicleunattended without authorization in violation of Section 5J shallresult in a fine on the Permit Holder of $100.00 and a fine on theoffending Driver of $100.00.

(x) Conducting a Meet and Greet in a manner or atlocations other than permitted under Section 5J shall result in a fineon the Permit Holder of $200.00 and a fine on the offending Driver of$200.00.

(xi) The failure to post required Vehicleidentifications or install the required Transponders in violation ofSection 5K shall result in a fine on the Permit Holder of $250.00.

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(xii) Littering in violation of Section 5L shallresult in a fine on the Permit Holder of $150.00 and a fine on theoffending Driver of $150.00.

(xiii) Performing repair or maintenance on any GroundTransportation Vehicle on Airport property in violation of Section 5Mshall result in a fine on the Permit Holder of $150.00 and a fine onthe offending Driver of $150.00.

(xiv) Providing false/misleading information inviolation of Section 5N shall result in suspension of the offendingDriver for ten (10) calendar days and a fine on the Permit Holder of$200.00.

(xv) Possession of any alcoholic beverages or unlawfuldrugs or narcotics in violation of Section 5(0) shall result insuspension of the offending Driver for sixty (60) calendar days and afine on the Permit Holder of $500.00.

(xvi) Improper conduct in violation of Section Pother than those enumerated under Section 8A2(v) or Section 5A3(ii)shall result in suspension of the offending Driver for ten (10)calendar days and a fine on the Permit Holder of $200.00.

(xvii) Refusal to transport a passenger in violationof Section 5Q or Section 5R shall result in a fine on the PermitHolder of $500.00 and a fine on the offending Driver of $500.00.

(xviii) Unauthorized use of Airport tenant facilitiesin violation of Section 5S shall result in a fine on the Permit Holderof $200.00 and a fine on the offending Driver of $200.00.

(xix) Any violation of Section 7 relating to Driverrequirements shall result in suspension of the offending Driver forten (10) calendar days and a fine on the Permit Holder of $200.00.

(xx) Speeding or not obeying any posted traffic signson Airport property shall result in suspension of the Driver for seven(7) calendar days and applicable fines under ordinances of the Port orthe City Municipal Code.

(xxi) Intentionally or recklessly causing damage ordestruction of an Airport-issued Transponder shall result insuspension of the Airport Permit for ten (10) calendar days and a fineon the Permit Holder of $500.00.

(xxii) The third and each subsequent Level Oneviolation committed while operating any Ground Transportation Vehiclespermitted under any single Airport Permit during any one term of anAirport Permit shall constitute a separate offense and shall result,after completion of the procedures set forth in Section 10 below withrespect to the third and each subsequent Level One violation, in a

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fine on the Permit Holder of $500.00, in addition to the penaltyimposed by this Section on the third Level One Violation.

(xxiii) Any violation of Section 5I3(ii) shall resultin a fine on the Permit Holder of $200.00 and a fine on the offendingDriver of $200.00.

2. Level Two Violations. Notwithstanding the provisions ofSection 10, violations under this category will be subject toimmediate suspension or cancellation of the Airport Permit or anoffending Driver prior to and without any notice of alleged violationor conducting a hearing, to the extent provided for in this Section.The Landside Operations Manager shall notify the Permit Holder orDriver of the suspension or cancellation on the day the LandsideOperations Manager suspends or cancels the Airport Permit or Driver bytelephoning the Permit Holder or Driver at the telephone numberprovided in the latest Airport Permit application submitted pursuantto Section 3. The Landside Operations Manager shall log the date andtime of such call and note any messages left. Any suspension orcancellation of the Airport Permit or Driver shall become effectiveupon the placement of such telephone call, whether or not the PermitHolder or Driver has received actual notice.

(i) Failure to pay any fee payable under Section 8A todeposit or replenish a security deposit required under Section 8B, orto pay any other sums due the Port (including financial penalties orfines), within ten (10) days of the due date thereof, shall result in

period that will terminate when such sums are fully paid to the Port,together with interest and penalty on any overdue sum which shallaccrue at the applicable rate provided in a duly enacted Portordinance.

(ii) Operation of a Ground Transportation Vehicle by adriver who is not on the roster of authorized Drivers to operate thatGround Transportation Vehicle submitted pursuant to Section 3C, inviolation of Section 3A or Section 5A, after completion of theprocedures set forth in Section 10 below, shall respectively result ina fine on the Permit Holder of $500.00 and a fine on the unauthorizeddriver of $500.00.

(iii) Failing to remove an employee from its roster ofDrivers, in violation of Section 3Q or Section 5D, or employment ofany Driver, in violation of Section 3Q or Section 5E, after completionof the procedures set forth in Section 10 below, shall result in afine on the Permit Holder of $500 and a fine on the Driver of $500.

(iv) Failing to obtain or maintain required insurancein violation of Section 4 shall result in immediate suspension of theAirport Permit for an indefinite period until such time that thePermit Holder provides evidence satisfactory to the Port's RiskManager of the required insurance.

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(v) Commission of any act in violation of Section 5Pthat the Landside Operations Manager determines to be unreasonablydisruptive of the operation of the Airport or any constructionactivities thereon shall result, at the discretion of the LandsideOperation Manager and whether or not a NOV is issued, in immediatesuspension of the Airport Permit for up to twenty-four (24) hours and,regardless of whether the Landside Operations Manager temporarilysuspends the Airport Permit, after completion of the proceduresdescribed in Section 10, suspension of the Airport Permit for a periodof ten (10) days, suspension of the offending Driver for twenty (20)days, and a fine on the Permit Holder of $300.00.

(vi) Any violation of Section 6 other than as providedin Section 9A2(vii) shall result, at the discretion of the LandsideOperations Manager and whether or not an NOV is issued, in immediatesuspension of the Airport Permit for an indefinite period until orunless the Landside Operations Manager, in his or her discretiondetermines that the violation has been corrected.

(vii) Operating a Ground Transportation Vehicle thatis in violation of Section 6C or Section 6D as noted in a Vehicleinspection conducted pursuant to Section 6E shall result in theimmediate suspension of the Airport Permit as applied to the offendingGround Transportation Vehicle for an indefinite period until alldeficiencies noted in the inspection are corrected and the offendingGround Transportation Vehicle passes a subsequent inspection conductedpursuant to Section 6E. In addition, the failure to correct anydeficiency noted in such Ground Transportation Vehicle inspectionwithin five (5) days after a written notice of the deficiency, aftercompletion of the procedures set forth in Section 10 below, shallresult in a fine on the Permit Holder of $500, unless a longer periodof time to correct the deficiency is granted in writing by theLandside Operations Manager.

(viii) Any actions resulting in the suspension ofrequired certificates or permits from the Commission for the GroundTransportation Services for which the Airport Permit is issued, shallresult in the automatic suspension of the Airport Permit until suchcertificates or permits have been reinstated by the Commission and thePermit Holder has provided evidence satisfactory to the LandsideOperations Manager of such reinstatement. The cancellation by theCommission of any such certificates or permits shall result in thecancellation of the Airport Permit for the remainder of the Permitterm.

(ix) Any action that results in the suspension orrevocation of a Driver's license shall result in the automaticsuspension of the Driver from operating at the Airport until theDriver's license has been reinstated by the State of California andthe Driver or Permit Holder has provided evidence satisfactory to theLandside Operations Manager of such reinstatement.

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(x) The third and each subsequent Level One Violationcommitted while operating any Ground Transportation Vehicles permittedunder any single Airport Permit during any one term of an AirportPermit shall constitute a separate offense and shall result, aftercompletion of the procedures set forth in Section 10 below withrespect to the third and each subsequent Level One violation, in thesuspension of the Airport Permit for ten (10) calendar days, inaddition to the penalty imposed by Section 9A(1) above on the thirdand each subsequent Level One Violation.

(xi) If any one Driver commits three (3) Level OneViolations within any twelve (12) month period, after completion ofthe procedures set forth in Section 10 below with respect to the thirdLevel One violation and regardless of whether the Driver was operatingunder different Airport Permits at the time of each violation, thatDriver shall be permanently expelled from operating any GroundTransportation Vehicle at the Airport.

(xii) If any one Driver commits two (2) Level TwoViolations within any twelve (12) month period, after completion ofthe procedures set forth in Section 10 below with respect to thesecond Level Two Violation and regardless of whether the Driver wasoperating under different Airport Permits at the time of eachviolation, that Driver shall be permanently expelled from operatingany Ground Transportation Vehicle at the Airport and the AirportPermit under which the Driver was operating at the time of the secondviolation will be cancelled.

(xiii) If a Permit Holder commits two violations ofSection 9A2(iii) above within any twelve (12) month period, aftercompletion of the procedures set forth in Section 10 below withrespect to the second such violation, the Airport Permit will becancelled.

3. Level Three Violations. Violations under this categorywill be subject to cancellation of the Airport Permit and thepenalties set forth below, to be imposed pursuant to Section 10 below(except to the extent provided in Section 9A3 below).

(i) Transferring, selling, assigning or loaning of anAirport Permit in violation of Section 3S shall result in cancellationof the Permit.

(ii) Commission of any act in violation of Section 5Pthat the Landside Operations Manager determines to present or createan unreasonable risk of injury to Persons or property shall result, atthe discretion of the Landside Operations Manager and whether or notan NOV is issued, in immediate suspension of any offending Driver andthe Airport permit for up to forty-eight (48) hours, and regardless ofwhether the Landside Operations Manager temporarily suspends theAirport Permit, upon conclusion of the procedures described in Section10, cancellation of the Airport Permit and the permanent expulsion of

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any offending Driver from operating any Ground Transportation Vehicleat the Airport.

(iii) Operation of a Ground Transportation Vehiclewhile the Airport Permit for that Ground Transportation Vehicle issuspended or by a Driver while the Driver is suspended, or any conductby a suspended Driver that violates the last sentence of Section 10Bbelow, shall result in cancellation of the Airport Permit and thatDriver shall be permanently expelled from operating any GroundTransportation Vehicle at the Airport.

(iv) Failure to pay fees or to deposit or replenish asecurity deposit when due under Section 8A or 8B for three (3) or moretimes in any calendar year shall result in the cancellation of theAirport Permit.

(v) Any violation of Section 5T above shall result inthe cancellation of the Airport Permit.

B. Violations of Port Rules and Regulations, Federal, State andCity 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, Title 13 of theCalifornia Administrative Code, Chapter 10.56 of the City MunicipalCode - "Airport Ground Traffic Regulations," and the Port's AirportRules & Regulations, shall be subject to the fines and penaltiesprovided for therein.

Section 10 - ISSUANCE OF NOVS AND HEARINGS

A. Issuance and Delivery of Notice of Violation. If the LandsideOperations Manager believes that either a Permit Holder holding anAirport Permit or a Driver for such Permit Holder has violated anyprovisions of these Regulations punishable under above, he or sheshall give written notice of such alleged violation (a "NOV") bypostage prepaid United States Postal Service mail to the Permit Holderand the Driver involved at the addresses on file with the Port'sLandside Operations Office. The NOV shall give notice of the allegedviolation and of the penalty to be imposed pursuant to Section 9above. A photocopy of properly addressed and postmarked envelopestogether with a copy of the NOV and an affirmative representation madeby the individual who deposited the notices in the mail to the effectthat the notices were deposited in the mail, shall be deemedconclusive evidence of compliance with the notice requirements of thisSection. Notwithstanding the above, Level Two Violations enumeratedin Section 9A2 and Level Three Violations enumerated in Section9A3(ii) shall result in immediate suspension or cancellation, withoutnotice, of the Airport Permit or suspension or expulsion of the Driverto the extent provided in the respective Sections.

B. Due Date and Suspension Period Commencement. Unless aPermit Holder or Driver to whom an NOV was issued requests a hearing

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before 4:00 p.m. on the fifth (5 th )) day after the date of any NOV, theNOV shall be final and non-appealable and the applicable financial

penalty shall be due before 4:00 p.m. on the sixth (6th ) day after thedate of the NOV, and the applicable suspension or cancellation

period(s) shall commence on the sixth (6 th ) day after the date of theNOV. For purposes of this Section , the date of an NOV shall be thedate the NOV was placed in the United States Postal Service mail tothe Permit Holder and/or Driver under Section 10A above.Notwithstanding the above, immediate suspensions or cancellations ofAirport Permits or of the Drivers to the extent provided for inSection or Section shall commence immediately upon the commitment ofthe violation prior to a hearing under this Section 10. Drivers thatare suspended shall not be allowed, during the suspension period, tooperate a Ground Transportation Vehicle at the Airport, to engage inGround Transportation at the Airport, to train replacement Drivers atthe Airport, to visit or ride with other Drivers in a GroundTransportation Vehicle at the Airport, or to visit the DesignatedSouth Field Area.

C. Hearing Request. Subject to the limitations set forth inSection above, a Permit Holder or Driver to whom an NOV has beenissued may request a hearing before the Hearing Officers bydelivering a written notice (which notice shall include the name,address and telephone number of the Permit Holder or Driver requestingthe hearing) to the Landside Operations Manager at the telephonenumber or address set forth on the NOV between the hours of 9:00 a.m.and 4:00 p .m.. Monday thronah Frida y . exclusive of Port-recoanizedholidays. The Landside Operations Manager will schedule a hearing atthe earliest available time, provided however that such time shall notbe earlier than ten (10) days after the request for the hearing. Ifthe hearing is not scheduled at the time the hearing request is made,the Landside Operations Manager will attempt to advise via telephone(by calling the telephone number indicated by the Permit Holder orDriver in the request for a hearing) of the time and date of thescheduled hearing no later than 4:00 p.m. on the third business dayfollowing the first telephonic request or receipt of the writtenrequest for a hearing. If the number indicated is, for any reason, anincorrect or non-working number, or if no number is indicated, theLandside Operations Manager shall mail notice of the hearing schedulein the manner provided in Section 10A. The Landside OperationsManager shall maintain a log demonstrating the time and date eachtelephone call is placed, the number that was called, and adescription of the substance of each such call (including thesubstance of any message left). A log entry indicating that a callwas placed to the number indicated by the Permit Holder or Driver andnotice was given (either by leaving a message or by speaking with aPerson) together with an affirmative representation by the individualwho placed the call to the effect that notice was given, or in thecase of an incorrect or non-working number, or no number, evidence ofnotice of mailing comparable to that specified in Section 10A above,shall be deemed conclusive evidence of compliance with the noticerequirements of this Section. The date of a hearing may be changed if

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necessary to facilitate the Port's business needs but will not bechanged to accommodate any Permit Holder except as provided in Section10D. Once a hearing has been timely requested, the imposition of anyfinancial fines or penalty (but not fees or interest due) to beimposed pursuant to Section 9 and any suspension or cancellation to beimposed pursuant to Sections 9A1, 9A2 or 9A3 above shall, except tothe extent otherwise provided therein, be stayed until a finaldecision has been rendered by the Hearing Officers. The immediatesuspensions or cancellations of the Airport Permit or suspension orexpulsion of the Driver, to the extent provided for in Sections 9A2and 9A3 above, shall commence immediately upon the commitment of theviolation prior to a hearing under this Section 10.

D. Hearings.

1. Schedule. Hearings for NOVs shall be scheduled by theLandside Operations Manager.

2. Presence of Person Requesting Hearing. The PermitHolder or Driver that timely requests a hearing shall appear or shallbe represented as provided in Section 10D4 at the hearing at whichsuch act ion is considered, to present facts and witnesses to refutethe alleged violation. At such meeting, a representative of the Portshall 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 failsto appear or be properly represented at the hearing, then, unless suchabsence is excused and rescheduled by the Landside Operations Managerfor reasons of health or family emergency, the NOV shall be treated asif a hearing were never timely requested. In such event, the HearingOfficers shall not consider the NOV, and any financial penalty shallbe due before 4:00 p.m. on the first day following the hearing and anysuspension or cancellation period shall commence on the first dayfollowing the hearing.

4. Representation Before Hearing Officers. The PermitHolder or Driver that timely requested the hearing may be representedbefore the Hearing Officers by an attorney, Such Permit Holder orDriver may be represented by a trade organization or a representativethereof only if the Permit Holder or Driver is present at the hearingor represented as provided in the immediately-preceding sentence. Theassistance of an interpreter or person who can facilitatecommunication may be used only if the Permit Holder or Driver ispresent at the hearing.

5. Evidence and Witnesses. Upon the reasonable and timelyrequest of the subject Permit Holder or Driver or his or her attorney,the Port shall provide the subject Permit Holder or Driver withreasonable access to evidence, reports and records (excluding reportsof the City's police department, which must be requested through theCity's police department) of the Port relating to the violations

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alleged in the NOV. Furthermore, the subject Permit Holder or Driveror his or her attorney, no later than three (3) days prior the hearingdate, may request that the Port provide testimony of any Port employeewho is witness to or who reported the violations alleged in the NOV.Upon such notice, the Port may reschedule the hearing date to allowreasonable time to produce such testimony and shall provide suchtestimony either by providing written testimony of such employee tothe subject Permit Holder or Driver prior to the date of the hearingor by producing such Port employee at the hearing. The Port and thesubject Permit Holder or Driver may introduce evidence, writtentestimony and witnesses and shall be allowed to cross examinewitnesses present at the hearing.

6. Deliberation. The Hearing Officers may consider any andall evidence that a reasonable Person would use in making a decisionincluding, but not limited to, hearsay evidence.

7. Determinations. All three (3) of the Hearing Officesmust be present at any hearing conducted by the Hearing Officers. Ifless than all three (3) of the Hearing Officers are present at thehearing, the hearing will be rescheduled to a time when all three (3)of the Hearing Officers can be present. The Hearing Officers, by atleast a majority vote, shall make a finding at the hearing, withrespect to each violation, as to whether or not these Regulations wereviolated. In order for the Hearing Officers to conclude that aviolation was committed, the evidence must establish that it was morelikely than not (a preponderance of the evidence) that the violationwas committed.

8. Effect of Decision by Hearing Officers. A decision ofthe Hearing Officers is final and any financial penalty shall be duebefore 4:00 p.m. on the first day following the hearing and anysuspension or cancellation period shall commence on the first dayfollowing the hearing.

E. Violation Information. The Landside Operations Manager shallmaintain current and accurate information pertaining to all Driversthat have been found to commit violations of these Regulations duringthe immediately-preceding twenty-four (24) month period, the number oftimes the Driver was found to violate these Regulations during suchperiod, the type of violation committed, and the date each violationoccurred. Any Person may request information pertaining to suchDrivers and each Permit Holder shall be deemed to have constructivenotice of all such information.

Section 11 - AMENDMENT OF SECTION 12 OF PORT ORDINANCE 3634

Section 12 of Port Ordinance 3634 is hereby amended to read inits entirety as follows:

"Section 12. Except as otherwise provided inPort Ordinance 3576, which established fees for

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Taxicabs (as defined in that Ordinance), andexcept as otherwise provided in any ordinance oramendment to ordinance adopted by the Port afterApril 1, 2001, to establish rules and regulationsfor the conduct of ground transportation (otherthan Taxicabs) at the Airport, the following feesand charges hereby are established for the rightto use of the Airport by the following describedoperators who operate vehicles upon the Airportfor access to Airport passengers or other personsupon the Airport in connection with saidoperators' hereinafter described businessactivities:

Effective July 1, 2001, for the right touse the Airport for access to Airport employeesand other persons at the Airport, during timesand from locations authorized by the Director,each mobile food caterer selling food orbeverages at the Airport shall pay to the Port aminimum monthly fee per catering vehicle doingbusiness at the Airport, as established by theDirector. Such fee shall be uniform for all suchcaterers at the Airport, and shall not be lessthan $250 per month per vehicle nor more than$500 per month per vehicle, unless otherwiseapproved by the Port."

Section 12 - SEVERABILITY

If any part of these Regulations contained in Section 1 through11 above, including any modifications thereof or additions oramendments thereto, shall be found to be invalid for any reason, theremainder of these Regulations shall not be invalidated thereby but,in accordance with the intention of the Port hereby expressed, shallremain in full force and effect, all parts of this ordinance beinghereby declared to be separable and independent of all others.

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Exhibit "1"

Map of Rental Car Radius provided.

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Exhibit '2'

ADDITIONAL PROVISIONS

1. Annual Off Airport Privilege Fee: The following fee ishereby established for the right of an Off-Airport Rental Car Operatorto access passengers arriving at the Airport. This fee shall becomeeffective (the "Effective Date") on the Interim Effective Date, andshall remain in effect until the Interim Termination Date. This feeis in addition to the per trip fee payable to the Port by the holderof a Courtesy Vehicle Permit under Section 8A4 of Port Ordinance No.

to which this Exhibit "2" is attached (the "Ordinance"). For thefirst twelve months after the Effective Date that any CustomerFacility of an Off-Airport Rental Car Company is served by anyCourtesy Vehicle, the Off-Airport Rental Car Company shall pay theminimum guaranteed sum (the "First Year's Minimum Annual Guarantee")equal to the greater of twelve thousand ($12,000) Dollars or:

(a) If the Off-Airport Rental Car Company served theAirport from an off-Airport location during all or any portion of theprior calendar year, then eighty-five percent (85%) of the amountpayable to the Port in Off-Airport Rental Car Percentage Fees in theprior year; and

(b) If the Off-Airport Rental Car Company served theAirport from an on-Airport location during all or any portion of theprior calendar year, then eighty-five percent (85%) of the amountpayable to the Port in On-Airport Rental Car Percentage Fees in theprior year.

If the Off-Airport Rental Car Company did not operate at theAirport or serve the Airport from an off-Airport location during allor any portion of the prior calendar year, then its First Year'sMinimum Annual Guarantee shall be Twelve Thousand ($12,000) Dollars.

In each subsequent Agreement Period that any Customer Facility ofan Off-Airport Rental Car Operator is served by any Courtesy Vehicle,the Off-Airport Rental Car Operator shall pay to the Port a minimumguaranteed sum (the "Minimum Annual Guarantee") in an amount equal toeighty-five percent (85%) of the total amount payable to the Portunder this Exhibit "2" for the previous twelve (12) month period(including any Percentage Fee payable to the Port for such period),but in no event less than the amount of the First Year's MinimumAnnual Guarantee, payable in equal monthly installments. All monthlyinstallments of the minimum guaranteed sum shall be made, in lawfulmoney of the United States of America, in advance and without previousdemand, on the first day of each and every calendar month; providedthat in any partial month of said term the said minimum guaranteed sumshall be prorated.

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In addition to the said minimum guaranteed sum, the Off-AirportRental Car Operator shall also pay to the Port, in like money, notlater than thirty (30) days after the end of each calendar month, asum in the amount, if any, by which the Percentage Fee due through theend of the previous calendar month exceeds the installments of theminimum guaranteed sum payable to the Port through the end of suchmonth. For purposes of this Exhibit "2", the Percentage Fee shallmean an amount equal to eight and one-half percent (8.5%) of the Off-Airport Rental Car Operator's Airport Gross Receipts after deductingin each Agreement Period the first Two Hundred Fifty Thousand($250,000) of Airport Gross Receipts therefrom. Simultaneously withthe making of said percentage payment, or if no Percentage Fee ispayable, not later than thirty (30) days after the end of eachcalendar month, the Off-Airport Rental Car Operator shall furnish tothe Port a true and complete report and account, in a form acceptableto the Director, certified to be correct by an authorizedrepresentative of the Off-Airport Rental Car Operator, of the Off-Airport Rental Car Operator's Gross Receipts and Airport GrossReceipts during the preceding calendar month (the "Receipts Reports").

Capitalized terms used in this Exhibit "2" and not defined in theOrdinance shall be defined as follows:

"Agreement Period" shall mean each twelve month period (orportion thereof) after the Effective Date that any Customer Facilityof an Off-Airport Rental Car Operator is served by any CourtesyVehicle.

"Airport Gross Receipts" shall mean Gross Receipts derived fromany rental of an Automobile to a customer who, at any CustomerFacility of the Off-Airport Rental Car Operator, either (i) executesan agreement to rent an Automobile from the Off-Airport Rental CarOperator, or (ii) takes delivery of an Automobile rented from the Off-Airport Rental Car Operator.

The Port shall presume that ninety-five percent (95%) of allGross Receipts of the Off-Airport Rental Car Operator at any CustomerFacility of the Off-Airport Rental Car Operator located off theAirport, are Airport Gross Receipts unless the Off-Airport Rental CarOperator demonstrates otherwise to the satisfaction of the Director.Such ninety-five percent (95%) presumption shall apply, withoutlimitation, for purposes of the Receipts Reports and paymentrequirements and certification requirements of the Annual Off AirportPrivilege Fee.

In order to establish that less than ninety-five percent (95%) ofall Gross Receipts earned at any Customer Facility of the Off-AirportRental Car Operator located off the Airport, are Airport GrossReceipts, the Off-Airport Rental Car Operator, at a minimum, shallsegregate and maintain all rental agreements made with local residentsand shall demonstrate to the satisfaction of the Director that suchlocal residents have a valid California driver's license bearing ahome address with one of the zip codes set forth below. Gross

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Receipts from rental agreements made with a local resident who rentsan Automobile from any Customer Facility of the Off-Airport Rental CarOperator located off of the Airport and who has a valid Californiadriver's license bearing a home address with one of the following zipcodes, shall not be included in Airport Gross Receipts: 94501, 94502,94577, 94578, 94579, 94580, 94601, 94602, 94603, 94605, 94606, 94607,94608, 94609, 94610, 94611, 94612, 94613, 94619, 94621, 94625, 94626,94627.

Annual Off Airport Privilege Fee: The term "Privilege Fee" or"Annual Off Airport Privilege Fee" shall mean for the first twelvemonths after the Effective Date that any Customer Facility of an Off-Airport Rental Car Operator is served by a Courtesy Vehicle, an amountequal to the greater of the First Year's Minimum Annual Guarantee orthe Percentage Fee, and thereafter shall mean an amount equal to thegreater of the Minimum Annual Guarantee or the Percentage Fee.

Automobile: The term "Automobile" shall mean any passengermotor vehicles, including pickup trucks, vans, sports utility vehiclesand station wagons. The term "Automobile" shall not include trucks(except pickup trucks), motorcycles or any vehicles of length thatwould obstruct vehicle circulation within the passenger terminalcomplex at the Airport.

1. Gross Receipts:

1. Subject to the terms of this subsection 1 and subsections 2through 15 below, the term "Gross Receipts" shall mean all amountsbilled or received by the Off-Airport Rental Car Operator, anyaffiliate of the Off-Airport Rental Car Operator or any subcontractorof the Off-Airport Rental Car Operator from or in connection with therental of Automobiles on the Airport or at a Customer Facility withinthe Rental Car Radius (including, without limitation, time and mileagecharges) and the related provision of insurance (including, withoutlimitation, personal accident insurance), except that Gross Receiptsshall not include the following:

a. Receipts derived from separately stated fueling or re-fueling charges.

b. Sums recovered by the Off-Airport Rental Car Operatorfor damage to, or for loss, abandonment or conversion of, vehicles orother property of the Off-Airport Rental Car Operator;

c. Credits and refunds to customers, including, but notlimited to, such credits and refunds made in response to customercomplaints for sales to any customer transported by any means from theAirport to a Customer Facility operated by the Off-Airport Rental CarOperator;

d. The amount of any separately-stated federal, state orlocal sales or use taxes or other government-imposed surchargesmandated by the governmental entity to be imposed upon the Off-Airport

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Rental Car Operator's customers and collected by the Off-AirportRental Car Operator;

e. The amount of any separately stated State ofCalifornia vehicle license fees allowed by law to be separately statedby the Off-Airport Rental Car Operator on the rental agreement andcollected by the Off-Airport Rental Car Operator from the Off-AirportRental Car Operator's customers.

f. Proceeds from the sale of capital assets.

g. The amount of any lawful, Port-imposed surchargesmandated by the Port to be imposed upon the Off-Airport Rental CarOperator's customers and collected by the Off-Airport Rental CarOperator, as may be allowed by law.

2. Gross Receipts shall include receipts derived from the sale ofcollision damage waivers, loss damage waivers, or similar charges,whether separately stated or not.

3. Gross Receipts shall not be reduced by reason of any commissionor other amount paid out or rebated by the Off-Airport Rental CarOperator to travel agents or others with respect to any such rental orprovision of insurance.

4. Gross Receipts shall include all receipts derived from or inconnection with the extension or renewal of any Automobile rentala g reement entered into with an y customer transported b y an y means fromthe Airport to a Customer Facility, regardless of the location atwhich that rental agreement is renewed or extended.

5. Gross Receipts shall include any charge the Off-Airport RentalCar Operator customarily makes for goods or services even though theOff-Airport Rental Car Operator fails to actually collect such acharge; provided, however, that Gross Receipts shall not include anydiscount granted pursuant to a bona fide written marketing planapproved by the Director. Notwithstanding the foregoing, if, pursuantto such a marketing plan conducted in conjunction with another personor entity, the Off-Airport Rental Car Operator is reimbursed byanother person or entity for a portion of the discount provided by theOff-Airport Rental Car Operator to its customers, the amount of suchreimbursement shall be included in Gross Receipts.

6. Gross Receipts shall include all amounts billed to or receivedfrom customers by any subcontractors or other providers used by theOff-Airport Rental Car Operator on account of goods, services orproducts provided by such subcontractors or other providers,regardless of what portion, if any, of such amounts are received orretained by the Off-Airport Rental Car Operator.

7. Gross Receipts shall include amounts paid or payable to the Off-Airport Rental Car Operator in exchange for coupons or vouchers which

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are redeemed at any facility operated by the Off-Airport Rental CarOperator.

8. Gross Receipts shall include any receipts of the Off-AirportRental Car Operator coming within this definition of Gross Receiptsnotwithstanding the treatment of such receipts for the Off-AirportRental Car Operator's own accounting purposes and notwithstanding thelocation at which any motor vehicle is ultimately returned to the Off-Airport Rental Car Operator.

9. The full amount of any transaction made on installment or creditshall be recorded in the month during which such transaction is made,regardless of the time when the Off-Airport Rental Car Operatorreceives payment (whether full or partial) therefor.

10. The Off-Airport Rental Car Operator shall not exchange vehicles,modify the accounting treatment of receipts, or rename or redefinerentals, services, or products in any manner that would deprive thePort of amounts that would otherwise be payable to the Port.

11. Gross Receipts shall not be reduced by reason of any credit losssustained by the Off-Airport Rental Car Operator or any financingdiscount, which may apply by reason of the Off-Airport Rental CarOperator's acceptance or use of credit cards or by reason of any othercredit arrangements.

12. In the computation of Gross Receipts from any rental made by theOff-Airport Rental Car Operator to which a discount was applied,unless the discount by its terms applied only to specified componentsof the consideration for the rental, the discount shall be deemed toapply equally to all components of the consideration received by theOff-Airport Rental Car Operator for or in connection with such rental,whether or not any such component would be treated as Gross Receiptshereunder, and shall not be treated as applicable only to a certaincomponent or components of such consideration. In particular, withoutlimitation, a discount shall never be treated in the computation ofGross Receipts hereunder as applicable only to components of suchconsideration which constitute Gross Receipts hereunder (such as timeand mileage charges) and as not applicable to other components of suchconsideration which do not constitute Gross Receipts hereunder (suchas gasoline charges). If a discount granted by the Off-Airport RentalCar Operator with respect to a rental applies by its terms to onlycertain components of the consideration received by the Off-AirportRental Car Operator for or in connection with that rental, then suchdiscount shall be applied in accordance with its terms in thecomputation of Gross Receipts hereunder. However, the Port and anyemployee or agent acting on its behalf shall be entitled to presumethat any discount granted by the Off-Airport Rental Car Operator withrespect to a rental applies equally to all items of considerationreceived by the Off-Airport Rental Car Operator for or in connectionwith that rental unless the Off-Airport Rental Car Operatordemonstrates to the satisfaction of the Director that such discount,by its terms, applies only to certain components of such

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consideration. The provisions of this paragraph 12 shall applynotwithstanding the fact that the discount in question may have beengranted pursuant to a bona fide written marketing plan approved by theDirector. In no event may the Off-Airport Rental Car Operator deductfrom Gross Receipts discounts, credits, rebates or deduction for fuelor free fuel.

13. In no event shall the Off-Airport Rental Car Operator's GrossReceipts from any rental be a negative amount for purposes of thisAgreement.

14. The Off-Airport Rental Car Operator's Gross Receipts shall becomputed in accordance with generally accepted accounting principals,generally accepted auditing standards, and the provisions of theOrdinance. In the event of any conflict between the provisions of theOrdinance and generally accepted accounting principles or generallyaccepted auditing standards, the provisions of the Ordinance shallcontrol, and the provisions of the Ordinance shall not be limited bysuch principles or standards.

15. In the event the Off-Airport Rental Car Operator is or becomesmerged or affiliated (including as parent or subsidiary or throughcommon ownership or control) with an entity conducting a non-concessionaire Automobile rental operation at the Airport and the Off-Airport Rental Car Operator and such non-concessionaire operator, inthe sole opinion of the Director, fail to operate as separateentities, all receipts of such affiliated non-concessionaire operator

Ordinance, conditions and activities demonstrating a failure tooperate as separate entities include but are not limited to:

a. any circumstance in which one or more individualsserve as an officer, director, manager, or in any other position inwhich the individual makes significant management decisions for eachcompany regardless of the individual's title, of both the Off-AirportRental Car Operator and the entity conducting a non-concessionaireAutomobile rental operation at the Airport, whether or not theindividual is compensated, financially or otherwise, by one or both ofthe Off-Airport Rental Car Operator or the entity conducting the non-concessionaire Automobile rental operation;

b. maintaining a joint reservation system;

c. writing rental agreements for or otherwise acting asagents for one another;

d. failing to act as arms-length competitors in alldealing with one another and such failure affects the Off-AirportRental Car Operator's Gross Receipts;

e utilizing the same or similar trademarks or tradenames;

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f. using a combined accounting system or an accountingsystem which makes it difficult, in the opinion of the Director, forthe Port to separately audit the Gross Receipts of the two entities;

g. jointly owning or leasing a vehicle fleet or enteringinto a vehicle fleet lease agreement with one another and;

(1) the non-concessionaire Automobile rental operatorhas the ability to take, either temporarily or permanently, all or anypart of either the Off-Airport Rental Car Operator's portion of anyjointly owned or leased vehicle fleet or the vehicle fleet leased bythe Off-Airport Rental Car Operator to or from the non-concessionaireAutomobile rental operator; and

(2) the Off-Airport Rental Car Operator is, in anymanner, prevented from obtaining vehicles from any third party or thenon-concessionaire Automobile rental operator fails to give the Off-Airport Rental Car Operator notice of intent to take vehiclessufficient to allow the Off-Airport Rental Car Operator to obtainvehicles from another source to meet its customer demand for theperiod during which the non-concessionaire Automobile rental operatorwill take the vehicles from the Off-Airport Rental Car Operator.

h. entering into an agreement with (i) a person or entitythat jointly owns or controls the Off-Airport Rental Car Operator andthe entity conducting a non-concessionaire Automobile rental operationat the Airport or (ii) a person or entity owned or controlled by,

any other way affiliated with, the person or entity that jointly ownsor controls the Off-Airport Rental Car Operator and the entity thatconducts a non-concessionaire Automobile rental operation, for theprovision of vehicle fleet and:

(1) the person or entity leasing the vehicle fleet tothe Off-Airport Rental Car Operator has the ability to take all or anypart of the fleet from the Off-Airport Rental Car Operator eithertemporarily or permanently; and

(2) the Off-Airport Rental Car Operator is, in anymanner, prevented from leasing vehicles from any third party or theperson or entity leasing the vehicle fleet to the Off-Airport RentalCar Operator fails to give the Off-Airport Rental Car Operator noticeof its intent to take vehicles sufficient to allow the Off-AirportRental Car Operator to obtain vehicles from another source to meet itscustomer demand for the period during which the person or entityleasing the vehicle fleet to the Off-Airport Rental Car Operator willtake the vehicles from the Off-Airport Rental Car Operator.

2. Books and Records of the Off-Airport Rental Car Operator.

(a) Off-Airport Rental Car Operator to Maintain Certain Books and Records. The Off-Airport Rental Car Operator shall maintain suchbooks and records as would normally be examined by an independent

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certified public accountant pursuant to generally accepted auditingstandards in performing an audit or examination of the Off-AirportRental Car Operator's Airport Gross Receipts and Gross Receipts, andsuch books or records shall contain records of all the Off-AirportRental Car Operator 's receipts in connection with its operations atany Customer Facility. Such books and records of the Off-AirportRental Car Operator shall be maintained in a form consistent withgenerally accepted accounting principles and shall contain itemizedrecords of all Airport Gross Receipts and Gross Receipts by suchcategories of sales as are specified in the definitions of those terms(or such other categories as the Port may require from time to time)and of all other receipts derived by the Off-Airport Rental CarOperator from its operations at any Customer Facility. The Off-Airport Rental Car Operator shall supply to the Port, within thirty(30) days of the Port's request, the books and records required to bemaintained hereby and any other financial or statistical reports orrecords that the Port may reasonably request for the purpose ofdetermining the accuracy of the Gross Receipts or Airport GrossReceipts reported by the Off-Airport Rental Car Operator. In addition,the Off-Airport Rental Car Operator shall account for all revenues ofany nature related to transactions entered into at any CustomerFacility operated by the Off-Airport Rental Car Operator in a mannerwhich segregates in detail those transactions from other transactionsof the Off-Airport Rental Car Operator and which supports the amountsreported to the Port in the Off-Airport Rental Car Operator's monthly"Receipts Reports" prepared in accordance with Section 1 above in thisExhibit "2". At a minimum, the Off-Airport Rental Car Operator'saccounting for such revenues shall include the following:

(1) A separate numbering system, identifying the locationof each transaction, for transactions at any Customer Facility.

(2) A compiled report of rental agreements showing allAirport Gross Receipts and Gross Receipts and all exclusions fromAirport Gross Receipts and Gross Receipts by location and category andby individual rental agreement. That report shall be itemized bylocation and subtotaled by day and totalled by month. The monthlytotal shall correspond with the amounts reported to the Port in its"Receipts Reports" and shall be reconciled to the amounts posted onthe Off-Airport Rental Car Operator's general ledger if different oroffset or netted with other amounts posted to the general ledger.

Such records may be in the form of (a) electronic mediacompatible with or convertible to format compatible with computersutilized by the Port at its offices, (b) a computer run hard copy, or(c) legible microfiche or microfilm, together with access to amicrofiche or microfilm reader, of all appropriate rental agreements.Records maintained by the Off-Airport Rental Car Operator in the formof electronic media shall be provided to the Port in electronic readonly form compatible with computers utilized by the Port if requestedin such form by the Port. All such records shall be maintained asprovided in Section below in this Exhibit "2". The Director mayrequire the Off-Airport Rental Car Operator to provide any other

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records the Director determines, in his or her opinion, are necessaryto enable the Port to perform an accurate audit of the Off-AirportRental Car Operator's Airport Gross Receipts and Gross Receiptshereunder. Such records shall be provided within thirty (30) daysafter the request thereof and, in the event that exclusions,deductions or allocations reducing Gross Receipts are not supported orsubstantiated by such records, all such amounts shall be deemed GrossReceipts for purposes of determining amounts payable to the Port.

(b) Books and Records to be Segregated and Kept for Four Years.The Off-Airport Rental Car Operator shall keep the books and recordsit is required to maintain under this Section segregated from theOff-Airport Rental Car Operator's books and records relating tooperations other than pursuant to the Ordinance. The Off-AirportRental Car Operator shall retain such books and records for a periodof no less than four (4) years following the end of the AgreementPeriod to which such books and records relate; provided, however, thatif prior to the expiration of such four (4) year period, any audit,review or investigation is commenced by the Port, or any claim is madeor litigation is commenced against the Off-Airport Rental Car Operatorarising under the Ordinance, such books and records shall continue tobe maintained by the Off-Airport Rental Car Operator, and Port shallcontinue to have the right to inspect such books and records in themanner stated in this Exhibit "2" until the audit, claim or litigationis final.

(c) Record-Keeping Equipment Required. In addition tomaintaining the books and records required by this Section , the Off-Airionrt Rental Car Oneratnr shall cause to he installed in anyCustomer Facility, and shall at all times use, such cash registers,invoicing machines, sales slips and other accounting equipment,devices and forms as are reasonably necessary to record properly,accurately and completely all sales from and on any Customer Facilityof the Off-Airport Rental Car Operator's goods and services.

3. Port's Right to Inspect and Audit.

(a) Books and Records Available for Inspection. The books andrecords required to be maintained by the Off-Airport Rental CarOperator under Section above of this Exhibit "2" shall be availableon thirty (30) days notice for inspection and copying by the Port orits duly authorized representative; provided, however, that suchinspection shall be made during reasonable business hours and shallnot be conducted in a manner or at a time which is unduly disruptiveof the Off-Airport Rental Car Operator's business. Should the Off-Airport Rental Car Operator not wish to make its original books andrecords available for inspection at a Customer Facility, the Off-Airport Rental Car Operator shall have the option of either (i) havingsaid original books and records transportE• to a location at theprimary offices of the Port within thirty (30) days of Port's requestto inspect the Off-Airport Rental Car Operator's books and records or(ii) having representatives of the Port inspect the Off-Airport RentalCar Operator's books and records at a location where the Off-Airport

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Rental Car Operator maintains its records within thirty (30) days ofPort's request to inspect the Off-Airport Rental Car Operator's booksand records. Should the Off-Airport Rental Car Operator elect to havethe inspection performed at a location outside the limits of the Cityof Oakland or the limits of Alameda County, the Off-Airport Rental CarOperator shall pay the Port for travel expenses incurred in connectionwith such inspection, in accordance with the Port's adopted travelpolicies, from the auditor's duty station to the location at which thebooks and records are maintained for each day of travel and on-sitework. After the inspection is complete, the Port shall bill the Off-Airport Rental Car Operator for such travel expenses and the Companyshall promptly pay such bill.

(b) Port's Right to Audit. The Port shall have the right, uponthirty (30) days notice to the Off-Airport Rental Car Operator, tomake an audit or cause an audit to be made of the Off-Airport RentalCar Operator's books and records and computerized accounting systemsrelating to the Off-Airport Rental Car Operator's operation at anyCustomer Facility (including, but not limited to, those books andrecords the Off-Airport Rental Car Operator is required to maintainunder Section 2 above in this Exhibit "2") in order to determine thecorrectness of the fees paid by the Off-Airport Rental Car Operator tothe Port for any Agreement Period which ended no more than four (4)years prior to the date of commencement of such audit. Such audit mayinclude, but is not limited to, a review of general, input,processing, and output controls of information systems, using readonly access, for all computerized applications used to record

location outside the limits of the City of Oakland or the limits ofAlameda County, the Off-Airport Rental Car Operator shall pay the Portfor travel expenses incurred in connection with such audit, inaccordance with the Port's adopted travel policies, from the auditor'sduty station to the location at which the books and records aremaintained for each day of travel and on-site work. After the auditfieldwork is complete, the Port shall bill the Off-Airport Rental CarOperator for such travel expenses and the Off-Airport Rental CarOperator shall promptly pay such bill. The Off-Airport Rental CarOperator shall, if requested, freely lend its own assistance in makingsuch inspection, examination, or audit, and, if such records aremaintained in electronic and other machine-readable format, shallprovide the Port and/or its representative such assistance as may berequired to allow complete access to such records.

(c) Fees and Interest if Underpayment Discovered by Audit. If,as a result of the audit performed under Section 3(b) above in thisExhibit "2", it is established that additional amounts are due fromthe Off-Airport Rental Car Operator to the Port under this Exhibit"2", the Off-Airport Rental Car Operator shall forthwith, upon writtendemand from the Port, pay to the Port such additional amounts,together with the delinquency charge provided for in Section 8D of theOrdinance. Further, if such audit establishes that the Off-AirportRental Car Operator has understated and underpaid any such amounts forany Agreement Period by three percent (3%) or more, then the entire

50

34053

expense of such audit shall be paid by the Off-Airport Rental CarOperator.

(d) Revenue Control Procedures. If the audit performed underthis Section establishes that the Off-Airport Rental Car Operator hasunderstated and underpaid its fees to the Port for any AgreementPeriod by three percent (3%) or more, and that such understatement andunderpayment was the result of a deficiency in the Off-Airport RentalCar Operator's revenue control procedures, then in addition to anyother requirements under the Ordinance, the Off-Airport Rental CarOperator, in consultation with the Port, shall implement revisedrevenue control procedures reasonably calculated to eliminate suchdeficiency.

(e) Inspection and Audit Rights Survive Expiration. The Port'srights under this Section to inspect and audit the books and recordsof the Off-Airport Rental Car Operator shall survive the InterimTermination Date.

4. Conflict Between Ordinance and Accounting Practices. In the eventof any conflict between any provision of the Ordinance and generallyaccepted accounting principles or generally accepted auditingstandards, the provisions of the Ordinance shall control even wherethe Ordinance references such principles or standards. In particular,without limitation, the Off-Airport Rental Car Operator shall maintainall records required under the Ordinance to the full extent requiredhereunder, even if some or all of such records would not be required

5. Pass through of Annual Off-Airport Privilege Fee. An Off-AirportRental Car Operator shall have the right to separately state a fee oncustomer invoices or rental contracts ("invoices") to recover all orany part of the Annual Off-Airport Privilege Fee, or for any otherpurpose, only if the Off-Airport Rental Car Operator meets all of thefollowing conditions:

(a) Such separate statement is lawful under Californialaw, and the Off-Airport Rental Car Operator complies with all otherapplicable laws, including Federal Trade Commission requirements;

(b) Such fee is titled a "Privilege Recovery Fee";

(c) Such fee is immediately below all rental car chargesand not immediately adjacent to taxes on customer invoices;

(d) The amount of the Privilege Recovery Fee stated on theinvoice and charged to the customer does not exceed the PercentageFee;

(e) The Off-Airport Rental Car Operator shall notidentify, treat or refer to the Privilege Recovery Fee as a tax;

51

39053

Attes

52

39053

(f) The Off-Airport Rental Car Operator shall not passthrough, unbundle or list any other fees (other than the PrivilegeRecovery Fee) payable to the Port as a separate item on its customerinvoices; provided, however, that if California law is changed topermit rental car companies to unbundle and separately state customerfacility charges ("CFC") on customer rental contracts, and if the Portsubsequently authorizes a CFC, then the Off-Airport Rental Car Companymay also unbundle and separately list the CFC on its customer

invoices; and

(g) The Off-Airport Rental Car Operator shall include thefull amount of the Privilege Recovery Fee in its Gross Receipts.



Adopted at a special meeting held July 24 , 2 0 01



Noes: None

Absent: None

AttestSecretary.

33837


CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TOCREATE A NEW POSITION OF TRAFFIC REPRESENTATIVEII-CONTRACTS & PRICING ANALYST.


Section 11.0236 is hereby added to Port Ordinance No. 867 toread as follows:

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

11.0236 1 Traffic Representative II-Contracts &Pricing Analyst 237

In Board of Port Commissioners, Oakland, California, June 19,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribeand President Kramer - 7. Noes: None. Absent: None.


Adopted at a adj ourned regular meeting held July 10 , 2 o 01


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

Noes: None

Absent: None

President.

Ayes:


CITY OF OAKLAND


AN ORDINANCE AMENDING SECTIONS 2.01, 2.03 AND 2.05 ANDADDING SECTION 1.33996 TO PORT ORDINANCE NO. 867RATIFYING AND FIXING THE COMPENSATION OF CERTAINEMPLOYEES OF THE PORT DEPARTMENT.


Section 1. The salary schedules set forth in Section 2.01,2.03 and 2.05 of Port Ordinance No. 867 shall be and the same are herebyamended by increasing the rates of compensation set forth on said salaryschedules by an additional five percent (5%) effective June 23, 2001.

Section 2. Section 1.33996 is hereby added to Port OrdinanceNo. 867 to read as follows:

Sec. 1.33996. In addition to the compensationotherwise provided herein each person employed in a regularfull time position belonging to Employee Representation UnitD on the effective dates hereof, at the rates indicatedbelow, except those positions in the sections assigned toRate 'y', any of such employee who receives a "belowexpectations" or "unacceptable" overall rating on his/hermost recent probationary or annual performance appraisalprior to June 23, 2001, and any employee whose 2001 annualperformance appraisal is not due until December 1, 2001,shall be entitled to an additional five percent (5%) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective June 23, 2001.

In addition to the compensation otherwiseprovided herein each person employed in a regular full timeposition belonging to Employee Representation Unit E on theeffective dates hereof, at the rates indicated below, exceptthose positions in the sections assigned to Rate 'y', any ofsuch employee who receives a "below expectations" or"unacceptable" overall rating on his/her most recentprobationary or annual performance appraisal prior to June23, 2001, and any employee whose 2001 annual performanceappraisal is not due until December 1, 2001, shall beentitled to an additional three and five percent (5%) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective June 23, 2001.

33632

In addition to the compensation otherwise providedherein each person belonging to Employee Representation UnitB employed on the effective dates hereof, at the ratesindicated below, shall be entitled to an additional three andfive percent (5%) of the compensation fixed for his or herservices, calculated to the nearest dollar, effective June23, 2001.

In addition to the compensation otherwise providedherein each person belonging to Employee Representation UnitA employed on the effective dates hereof, at the ratesindicated below, shall be entitled to an additional fivepercent (5%) of the compensation fixed for his or herservices, calculated to the nearest dollar, effective June23, 2001.

Section 3. The Board hereby ratifies, confirms and approvesall payments from and after June 23, 2001, to the effective date of thisordinance.



Adoptedata adjourned regular meeting held July 10 , 200 1


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

Noes: None

Absent: None

President.

AttestSecretary.

33632


CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF AN AMENDMENT TO NONEXCLUSIVEPREFERENTIAL ASSIGNMENT AGREEMENT WITHINTERNATIONAL TRANSPORTATION SERVICE, INC.


Section 1. The Board of Port Commissioners ("Board") herebyapproves an amendment to the April 20, 1999, Nonexclusive PreferentialAssignment Agreement ("Agreement") between the CITY OF OAKLAND, amunicipal corporation, acting by and through the Board, andINTERNATIONAL TRANSPORTATION SERVICE, INC., Federal Maritime CommissionAgreement No.224-201087, as assignee, whereby approximately 5 acres ofland located adjacent to realigned Seventh Street are added to theAssigned Premises (commonly referred to as Berths 25 and 26) under theAgreement, are assigned to Assignee on a nonexclusive preferentialbasis, to be used by Assignee as a terminal storage yard area, for aterm commencing on the later of 30 days from and after the adoption ofthis ordinance and the filing of the Agreement with the Federal MaritimeCommission and its effectiveness pursuant to Section 6 of the ShippingAct of 1984, at a compensation and other terms and conditions approvedand previously authorized by Resolution No. 01201, dated May 22, 2001,and such standard terms and conditions as specified in the Agreement andapproved by the Executive Director.

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

Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Agreement inaccordance with the terms of this ordinance. Unless and until a separatewritten Agreement is duly executed on behalf of the Board as authorizedby this ordinance, is signed as approved as to form and legality by thePort Attorney, and is delivered to User, there shall be no valid oreffective Agreement.

33736

Section 4. This ordinance shall take effect thirty

(30) days from and after its final adoption.



AdkONiata adjourned regular meeting held July 10 , 2 0 01



Noes: None \

Absent: None

President.

33736

The OLJand TribuneORIGINAL


7 10) 208-6306

Legal No. 2094704



AN ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION

OF AN AMENDMENT TONONEXCLUSIVE PREFERENTIALASSIGNMENT AGREEMENT WITH

INTERNATIONAL TRANSPORTATIONSERVICE, INC.


Section 1. The Board of Port Commis-sioners ('Board') hereby approves an amend-ment to the April 20, 1999, NonexclusivePreferential Assignment Agreement CA gee-rnent') between the CITY OF OAKLAND, amunicipal corporation, acting by and throughthe Board, and INTERNATIONAL TRANS-PORTATION SERVICE, INC., Federal Mari-time Commission Agreement No.224-201087, as assignee, whereby approximately5.acres of land -located adjacent to realignedSeventh Street are added to the AssignedPremises (commonly referred to as Berths 25and 26) under the Agreement, are assignedto Assignee on a nonexclusive preferentialbasis, to be used by Assignee as a terminalstorage yard area, for a term commencing onthe later of 30 days from and after the adop-tion of this ordinance and the filing of theAgreement with the Federal Maritime Com-mission and its effectiveness pursuant toSection 6 of the Shipping Act of 1984, at acompensation and other terms and condi-tions approved and previously authorized byResolution No. 01201, dated May 22, 2001,arid such standard terms and conditions asspecified in the Agreement and approved bythe Executive Director,

Section 2. The Executive Director ishereby authorized to execute and the Secre-tary to attest said Agreement.

Section 3. This ordinance is not evidenceof and does not create or constitute (a) acontract, Lease or the grant of any right, enti-tlement or property interest, or (b) any obli-gation or liability on the part of the Board orany officer or employee of the. Board. This or-

. dinance approves and authorizes the execu-tiun of said Agreement in accordance withthe terms of this ordinance. Unless and untila separate written Agreement is duly exe-cuted on behalf of the Board as authorizedby this ordinance, is signed as approved asto form and legality by The Port Attorney, andis delivered to User, there shall be no valid oreffective Agreement

Section 4. This ordinance shall take effectthirty (30) days from and after its final adop-tion.

Oakland Tribune #2094704July 27, 2001

In the matter of:


PUBLIC NOTICE

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

JUNE 27, 2001


The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofgeneral circulation as defined by Government Code Section6000 adjucated as such by the Superior Court of the State ofCalifornia, County of Alameda (Order Nos. 237798, December 4,1951) which is published and circulated in Oakland Township in saidcounty and state seven days a week.

That the


The OL.Jand TribuneORIGINAL


7 10) 208-6306

Legal No. 2094704


In the matter of:



That the

PUBLIC NOTICE


JUNE 27, 2001




CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO.2613 AS AMENDED, FIXING CERTAIN REVISEDPARKING RATES IN THE PORT'S PUBLICAUTOMOBILE PARKING FACILITIES ATMETROPOLITAN OAKLAND INTERNATIONALAIRPORT.

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

Section 1. Section 1 of Port Ordinance No. 2613, as amended, which contains the ratesfor vehicles using the Port's public automobile parking facilities at the Oakland InternationalAirport (such rates also including the City of Oakland parking user tax), is hereby revised to readin full as follows:

Short Term Parking Areas:

Minutes .Amount

0 - 20 $1.0020 - 40 2.0040 - 60 3.00

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

Daily maximum (5 – 24 hours): $25.00

Second and each additional day:

Minutes Amount

0 - 20 $1.0020 - 40 2.0040 - 60 3.00

33582

Each additional 20 minutesor fraction thereof (up to 5 hours): $1.00


Long Term Parking Areas:

Minutes Amount

0 - 20 $1.0020 - 40 2.0040 - 60 3.00




Minutes Amount

0 - 20 $1.0020 - 40 2.0040 - 60 3.00



Economy Parking Areas:

Minutes Amount

0-20 $1.0020 - 40 2.0040 - 60 3.00

2




Minutes Amount

0 - 20 $1.0020 - 40 2.0040 - 60 3.00


Valet Parking

Hours Amount

0 - 2

$10.007- 4

7.n nn

Disabled Parking:

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

Daily Maximum: 30.00


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, 2001.

Section 3. All other terms of this Ordinance are ratified and confirmed.

In Board of Port Commissioners, Oakland, California, June 5,2001. Passed to print for one day by the following vote: Ayes:Commissioners Kiang, Protopappas, Tagami, Uribe and President Kramer -5. Noes: None. Absent: Commissioners Ayers-Johnson and Scates


Adopted at a regular meeting held June 19 , 2001



Noes: None

Absent: None

President.

AttestSecretary.

4


ORIGINAL

The OLiand Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising-,10) 208-6306

Legal No. 2085200PUBLIC NOTICE

PORT ORDINANCE NO. 3644AN ORDINANCE AMENDING PORT OR-

. DINANCE NO. 2613 AS AMENDED, FIXINGCERTAIN REVISED PARKING RATES INTHE PORT'S PUBLIC AUTOMOBILEPARKING FACILITIES AT METROPOLITANOAKLAND INTERNATIONAL AIRPORT.

BE IT ORDAINED by the Board of PortCommissioners of the City of Oakland as fel-lows:

Section 1. Section 1 of Port OrdinanceNo. 2613, as amended, which contains therates for vehicles using the Port's public au-tomobile parking facilities at the Oakland In-ternational Airport (such rates also includingthe City of Oakland parking user tax), ishereby revised to read in full as follows:

Short Term Parking AreasMinutes0-2020-4040-60Each additional 20 minutesor fraction thereof up to 5 hourDaily maximum (5-24 hours):Second and each additional dMinutes0-2020-4040-60Each additional 20 minutesor fraction thereof (up to 5 houDaily maximum (5-24 hours):Long Term Parking Areas:Minutes0-2020-4040-60Each additional 20 minutesor fraction thereof up to 5 hours:Daily maximum (5-24 hours):Second and each additional day:Minutes Amount0-20 $1.0020-40 2.0040-60 3.00Each additional 20 minutesor fraction thereof up to 5 hours: $1.00Daily maximum (5-24 hours): $15.00Economy Parking Areas:Minutes Amount0-20 $1.00zu-40 2.0040-60 3.00Each additional 20 minutesor fraction thereof up to 5 hours: $1.00Daily maximum (5-24 hours): $15.00Second and each additional day:Minutes Amount0-20 $1.0020-40 2.0040-60 3.00Daily maximum (5-24 hours): $12.00Valet ParkingHours Amount0-2 $10.002-4 20.00Disabled Parking:0-2 hours $7.00(discount parking for first 2 hours only)Daily Maximum: 30.00Second and each additional day:Hours Amount0-2 $10.00Daily Maximum: 30.00Section 2. The new rates set forth in Section1 shall be effective July 1, 2001.Section 3. All other terms of this Ordinanceare ratified and confirmed.

In Board of Port Commissioners, Oakland,California, June 5, 2001. Passed to print forone day by the following vote: Ayes: Com-missioners Kiang, Protopappas, Tagami,Uribe and President Kramer

5. Noes: None. Absent: CommissionersAyers-Johnson and Scates.


The Oakland Tribune, #2085200June 13, 2001

s:

ay:

Amount$1.00

2.003.00

$1.00$25.00

Amount$1.00

2.003.00

rs): $1.00$30.00

Amount$1.002.003.00

$1.00$18.00


In the matter of:



That the

PUBLIC NOTICE


JUNE 13, 2001


The OiJand TribuneORIGINAL

c/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising7 10) 208-6306

Legal No. 2085200PI IRI mn-rirr


In the matter of:



That the

PUBLIC NOTICE


JUNE 13, 2001




CITY OF OAKLAND


AN ORDINANCE AMENDING SECTION 9 OF PORTORDINANCE NO. 3634 RELATING TO CHARGES FOR USEOF FACILITIES AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT.


Section 1. Subsection d(1) of Section 9 of Port Ordinance No.3634 is hereby amended to read in full as follows:

" For paved or improved aircraft parking spaces in theNorth Field, other than those described in subsection e(1), e(2),e(3), f(1) or f(2), designated to accommodate aircraft with wingspansor length, whichever is greater, of:

Monthly First 8 Each MaximumRate Hours or Additional Total

Fraction 8 Hours or DailyThereof Fraction Rate

Thereof

40 feet or less $ 99.00 $ 6.00 $ 3.00 $ 8.0050 feet or less 142.00 7.00 4.00 12.0075 feet or less 211.00 12.00 5.00 18.00100 feet or less 236.00 17.00 6.00 26.00125 feet or less 367.00 26.00 12.00 39.00150 feet or less 535.00 37.00 17.00 53.00175 feet or less 709.00 48.00 25.00 71.00200 feet or less 875.00 60.00 30.00 87.00Over 200 feet 1,056.00 71.00 36.00 105.00Blimp 1,130.00 77.00 37.00 114.00

Notwithstanding the monthly rates hereinabove set forth,the monthly rate for aircraft 40 feet or less requiring taxi-in/taxiout capability is $143.00."

Section 2. Subsection g(2) of Section 9 of Port Ordinance No.3634 is hereby amended to read in full as follows:

33592

" For storage of aircraft in T-hangars in the North Field,the monthly storage rates exclusive of office space in said T-hangarsshall be as follows:

Hangar Area Monthly Rates (Port owned Hangars)

Port-A-Port (single)Port-A-Port (light twin)T-Hangar (840 sq. feet)T-Hangar (960 sq. feet)T-Hangar (1,110 sq. feet)T-Hangar (1,152 sq. feet)T-Hangar (1,596 sq. feet)

Hangar Area Between Hangar 6 & 7,and South of Building L-606

(Port owned Hangars)

T-Hangar (780 sq. feet)T-Hangar (1,040 sq. feet)T-Hangar (1,060 sq. feet)T-Hangar (1,340 sq. feet)T-Hangar (2,050 sq. feet)

$221.00268.00215.00244.00283.00297.00405.00

Monthly Rates

$258.00345.00351.00444.00680.00

Hangar Area Monthly Rates (Privately owned Port-A-Port)

Executive Ramp Space (unspecified)

$ 109.00Executive Ramp Space (1,060 sq. feet)

154.00Executive Ramp Space (1,340 sq. feet)

207.00Executive Ramp Space (2,050 sq. feet)

311.00

The rate for office space in said T-hangars shall be $.2566 persquare foot per month rounded to the nearest dollar for the totaloffice space occupied. Electricity shall be provided separately on ametered basis."

Section 3. The Board of Port Commissioners hereby finds anddetermines that the establishment and imposition of the above ratespursuant to Sections 1 and 2 of this ordinance is exempt from therequirements of the California Environmental Quality Act underCalifornia Public Resources Code Section 21080(b)(8) and Sections15273 and 15061(b(3) of Title 14 of the California Code ofRegulations. The basis for the exemption is that it can be seen with

2

certainty that there is no possibility that imposition of the ratesreferenced herein will have a significant effect on the environment.

Section 4. Section 1 of this ordinance shall be effective July

1, 2001



Adopted at a regular meeting held June 19 , 2 0 01



Noes: None

Absent: None

CI

President.

PORT ORDINANCE NO. 3643AN ORDINANCE AMEN DING SECTION 9 OF PORT ORDINANCE NO. 3634 RELATING

TO CHARGES FOR LISE OF FACILITIES AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT

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



The OLiand Tribune ORIGINAL

c/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising510) 208-6306

Legal No. 2084658

Section 1. Subsection d(1) of Section 9 of Port Ordinance No. 3634 is hereby amendedto read in full as follows:

"For paved or improved aircraft parking spaces in the North Field, other than thosedescribed in subsection e(1), e(2), e(3), f(1) or f(2), designated to accommodate aircraft withwingspans or length whichever is greater, of:


In the matter of:

40 feet or less50 feet or less75 feet or less100 feet or less125 feet or less150 feet or less175 feet or less200 feet or lessOver 200 feetBlimp

MonthlyRate

First 8Hours orFractionThereof

$ 99.00 $ 6,00142.00 7 00211.0 12.00236.0 17.00

367.00 26 00535.00 37.00709.00 48.00875.00 60.00

1,056.00 71.001,130.00 77.00

EachAdditional8 Hours orFractionThere of

MaximumTotalDailyRate

$ 3.00 $ 8.004.00 12.005.00 18.006.00 26.00

12.00 39.0017.00 53.0025.00 71.0030.00 87.0036.00 105.0037.00 114.00


Notwithstanding the monthly rates hereinabove set forth, the monthly rate for aircraft 40feet or less requiring taxi-in/taxi out capability is $143.00."

Section 2. Subsection g(2) of Section 9 of Port Ordinance No. 3634 is hereby amendedto read in full as follows:

"For storage of aircraft in T-hangars in the North Field, the monthly storage rates exclusivof office space in said T-hangars shall be as follows:

Hangar Area(Port owned Flagars)Port-ti.- Port (single)Port-A Portli ht twin)T-Hei igar 8 sq. feetT-Hangar 960 sq. feetT-Hangar 1,110 sq. feet)T-Hangar 1,152 sq. feet)T-Hangar 1,596 sq. feet)

Hangar Area Between Hangar 6 It 7,and South of Building L-606

(Port owned Haagars1T Hangar (780 se. fest)- 11 1-langar (1.040 sq. leer.111angar (1.060 sq. feet-1-langar 1.340 sq. feet

1-Hangar (2,050 sq. feetHangar Area

( O rivatejy owned Port-A-PorhExecutive Ramp Space (unspecified)$109.00Executive Ramp Space (1,060 sq. feet $154.00Executive Ramp Space (1,340 sq. feet 207.00Executive Ramp Space (2,050 sq. feet 311.00

The rate for office space in said f i-hangars shall be $.2566 per square foot per monthrounded to the nearest dollar for the total office space occupied. Electricity shall be providedseparately on a metered basis!'

Section 3. The Board of Port Commissioners hereby finds and determines that theestablishment and imposition of the above rates pursuant to Sections 1 and 2 of thisordinance is exempt from the requirements of the California Environmental Quality Act underCalifornia Public Resoisces Code Section 21080(b)(8) and Sections 15273 and 15061(b(3)of Title 14 of the Calilor ilia Code of Regulations. The basis for the exemption is that it can beseen with certainty that there is no i)ossibifity that imposition of the rates referenced hereinwill have a significant effect on the environment.

Section 4. Section 1 of this ordinal ICO shall be effective July 1, 2001In Board of Port Cur 1 if nissioners. Oakland, California, June 5, 2001. Passed to print for

one day by the following vote: Ayes: Commissioners Kiang, Protopappas, Tagami, Bribe andPe.eident Kramer - Non 'i' NOlici. A Cernrnissioneisr Ayers-Johnson and Scates

Christopher C. Marshal!Secretary of the Board

Oak/and Tribune c2084658

June 13, 2001

Monthly Rates

$221.00268.00215.00244.00283.00297.00405.00

Monthly dates

$258.00345.00351.00444.00680.00

Monthly Rates


That the

PUBLIC NOTICE


JUNE 16, 2001

The OLJand Tribune ORIGINAL

ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising510) 208-6306

Legal No. 2084658


In the matter of:



That the

PUBLIC NOTICE


JUNE 16, 2001




CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF ALEASE WITH SIERRA ACADEMY OF AERONAUTICS, INC.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a Lease between the CITY OF OAKLAND, a municipal corporation,acting by and through the Board, and SIERRA ACADEMY OF AERONAUTICS,INC., of approximately 378,375 square feet of hangar, office,shop/storage, apron, parking and unpaved land in and adjacent toBuilding L-105, L-118, L-130, L-142, L-150, L-156, L-158, L-810 and L-825, 9465 Earhart Road, North Airport, Oakland, California, to be usedby Lessee for providing a wide range of aviation training services andfor secondary fueling, and other purposes incidental and reasonablyrelated thereto for a term of 10 years (except Building L-105, L-825 and

to renew, and otherwise upon the terms and conditions set forth in BoardAgenda Sheet Item No. 3, dated June 5, 2001, as subsequently may berevised pursuant to resolution or ordinance adopted by this Board, andupon such standard terms and conditions as specified in the Lease andapproved by the Executive Director.

Section 2. The Board hereby finds and determines that thisproject has been determined to -be categorically exempt fromrequirements of the California Environmental Quality Act (CEQA) andthe Port CEQA Guidelines pursuant to Class 1 of Guidelines Section15301(p).

Section 3. The Executive Director is hereby authorized to executesaid Lease.

Section 4. This ordinance is not evidence of and does not createor constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Lease inaccordance with the terms of this ordinance. Unless and until a separatewritten Lease is duly executed on behalf of the Board as authorized bythis ordinance, is signed and approved as to form and legality by thePort Attorney, and is delivered to Lessee, there shall be no valid oreffective Lease.

33619

Section 5. This ordinance shall take effect thirty (30) days fromand after its final adoption.



Adopted at a regular meeting held June 19 , 2001



Noes: None

Absent: None

President.

AttestSecretary.

ORIGINAL

The Otliand Tribunedo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

- 10) 208-6306

Legal No. 2084813


PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE N0. 3642AN ORDINANCE APPROVING AND

AUTHORIZING EXECUTION OF ALEASE WITH SIERRA ACADEMY OF AERONAUTICS, INC.


Section 1. The Board of Port Commissioners ("Board" hereby approves a lease betweenthe CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and SI-ERRA ACADEMY OF AERONAUTICS, INC., of approximately 378,375 square feet of hangar,office, shop/storage, apron, parking and unpaved land in and adjacent to Building L-105, L-118, L-130, L-142, L-150, L-156, L-158, L-810 and L825, 9465 Earhart Road, North Airport, Oak-land, California, to be used by Lessee for providing a wide range of aviation training servicesand for secondary fueling, and other purposes incidental and reasonably related thereto for aterm of 10 years (except Building L-105, L-825 and L-130, which shall be for a term of 3 years),with one ten year option to renew, and otherwise upon the terms and conditions set forth inBoard Agenda Sheet Item No. 3, dated June 5, 2001, as subsequently may be revised pur-suant to resolution or ordinance adopted by this Board, and upon such standard terms andconditions as specified in the Lease and approved by the Executive director.Section 2. The Board hereby finds and determines that this project has been determined tobe categorically exempt from requirements of the California Environmental Quality Ant tr.rozo• nd the Pnrt r.Pna • _ _

Jection 4. This ordinance is not evidence of and does riot create or cbnstitute (a) a con-tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li-ability on the part of the Board or any officer or employee of the Board. This ordinance ap-proves and authorizes the execution of said Lease in accordance with the terms of this ordi-nance. Unless and until a separate written Lease is duly executed on behalf of the Board asauthorized 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 S. This ordinance shall take effect thirty (30) days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, June 5, 2001. Passed to print for oneday by the following vote: Ayes: 5. Noes: None. Absent: Commissioners Ayers-Johnson andScates

Christpher C. MarshallSecretary of the Board

Oakland Tribune #2084813June 13, 2001

In the matter of:


The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of

6000 adjucated as such by the Superior Court of the State ofCalifornia, County of Alameda (Order Nos. 237798, December 4,1951) which is published and circulated in Oakland Township in saidcounty and state seven days a week.

That the

PUBLIC NOTICE


JUNE 13, 2001



The OLJand Tribune ORIGINAL

do ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising"110) 208-6306

Legal No. 2084813


In the matter of:



That the

PUBLIC NOTICE


JUNE 13, 2001


Ltx



CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF ASUPPLEMENTAL AGREEMENT TO LEASE WITH ROLLS-ROYCEENGINE SERVICES-OAKLAND INC.


Section 1. The Board hereby approves and authorizes execution ofthat certain Supplemental Agreement to that certain Lease dated January23, 1991, between the Port and ROLLS-ROYCE ENGINE SERVICES-OAKLAND INC.,as Lessee, to increase the rent, extend the Lease term and to expandthe premises for new building construction and containing the termsand conditions as more fully set forth in Agenda Sheet Item No. 2,dated June 5, 2001.

Section 2. The Executive Director is hereby authorized to

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

33618

Section 4. This ordinance shall take effect thirty (30) days




Adopted at a regular meeting held June 19, 2001



Noes: None

Absent: None

President.

AttestSecretary.

Approved as to f andliga ty:

Port Attorney


The OLJand Tribunedo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising7 10) 208-6306

Legal No. 2084714

ORIGINAL


In the matter of:

464761PUBLIC NOTICE PUBLIC NOTICE

PORT ORDINANCE NO. 3641AN ORDINACE APPROVING ANDAUTHORIZING EXECUTION OF A

SUPPLEMENTAL AGREEMENT TOLEASE WITH ROLLS-ROYCE ENGINE

SERVICES-OAKLAND INC.

BE IT ORDAINED by the Board of Port Commissioners ('"Board") of the City of Oakland asfollows:

Section 1. The Board hereby approves and authorizes execution of that certain Supple-mental Agreement to that certain Lease dated January 23, 1991, between the Port andROLLS-ROYCE ENGINE SERVICES-OAKLAND INC. as Lessee, to increase the rent,. extendthe Lease term and to expand the premises for new building construction and containing theterms and conditions as more fully set forth in Agenda Sheet Item No. 2, dated June 5, 2001.

Section 2. The Executive Director is hereby authorized to execute said Supplemental.ment:tion 3.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 andauthorizes the execution of a lease or agreement in accordance with the terms of this ordi-nance. Unless and until a written lease is duly executed on behalf of the board as authorizedby this ordinance, is signed and approved as to form and legality by the Port Attorney, and isdelivered to the Lessee, 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.

In Board of Port Commissioners, Oakland, California, June 5, 2001. Passed to print for oneday by the following vote: Ayes: Commission Kiang, Protopappas, Tagami, Uribe and Presi-dent Kramer- Ayes 5. Noes: None. Absent Commissoners Ayers-Johnson and Scates.

Oakland Tribune #2084714June 13, 2001



That the

PUBLIC NOTICE


JUNE 13, 2001


The OaJand TribuneORIGINAL

c/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising-, 10) 208-6306

Legal No. 2084714


In the matter of:



That the

PUBLIC NOTICE


JUNE 13, 2001




CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 867,AMENDING SECTIONS 2.05, 8.144, 10.013 ANDCREATING NEW POSITIONS.


Section 1. Section 2.05 of Port Ordinance No. 867 is herebyamended to add new salary schedule which section shall read as follows:

SCHEDULE Rate Rate Rate Rate RateNo. a. b. c. d.

539.1 6230 6540 6867 7280 7717

Section 2. The following sections of Port Ordinance No. 867 arehereby added to Port Ordinance No. 867 to read as follows:

Section No. ofNo. Positions Title

Salary orSchedule No.

5.066 1 Port Assistant Human Resource Analyst 232.2

5.099 1 Media/Public Relations Manager 543.7

33153

Section 3. The following sections of Port Ordinance No. 867 are

hereby amended to read as follows:


No. Positions Title Schedule No.

8.144 1 Port Junior Environmental Planner 926

10.013 1 Airport Noise Abatement/Environmental 539.1Affairs Supervisor

In Board of Port Commissioners, Oakland, California, May 8, 2001.Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribeand President Kramer - 7. Noes: None. Absent: None.


Adopted at a Adjourned regular meeting held May 22 , 2 001


Ayes: Commissioners Ayers-Johnson, Protopappas, Tagami, Uribeand President Kramer - 5

Noes:

Absent:

None

Commissioners Kiang and Scate

President.do

AttestSecretary.


CITY OF OAKLAND


AN ORDINANCE AUTHORIZING AND APPROVING THEEXECUTION OF TERMINAL USE AGREEMENT WITH YANGMING MARINE TRANSPORT CORPORATION.


Section 1. The Board of Port Commissioners ("Board")hereby approves a Terminal Use Agreement between the CITY OFOAKLAND, a municipal corporation, acting by and through the Board,and YANG MING MARINE TRANSPORT CORPORATION, a Taiwan corporation,as User, covering User's nonexclusive right to use areas withinthe Port's Ben E. Nutter Container Terminal as the publishedregularly scheduled Northern California port of call for theberthing of User's vessels and the loading and discharge ofcargoes and operations supplemental thereto, for a term commencingthe first day of the calendar month following the filing andeffectiveness of said Agreement pursuant to Sections 5 and 6 ofthe Shipping Act of 1984 and the expiration of thirty (30) daysfrom and after the final adoption of this ordinance and expiringeffective June 1, 2006, with User to pay to the Port, in lieu oftariff dockage charges and tariff wharfage charges, a single fixedrate of $69.00 per loaded Twenty-Foot Equivalent Unit container(TEU), increased at the same time and by the same percentage thatPort tariff dockage and wharfage rates are increased, based upon apercentage allocation methodology for Port tariff charges whichshall reflect User's activity, be established by the ExecutiveDirector and incorporated in said Agreement with User (said fixedrate, as so increased, referred to as the "Fixed TEU Amount")guaranteeing to the Port each contract year payment for a minimumof 24,000 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 contractyear, a 20% discount if loaded TEUs equal or exceed 40,000 in acontract year, a 25% discount if loaded TEUs equal or exceed55,000 in a contract year, and a 30% discount if loaded TEUs equalor exceed 65,000 in a contract year (but only to the extent thatafter the discount User's total contract year payments of theFixed TEU Amount equal at least the Fixed TEU Amount for the

32884

minimum of 24,000 loaded TEUs) with a refund to User for eachloaded TEU of Interior Point Intermodal ("IPI") cargo of $5.00 pereach IPI TEU in excess of 4,000 in a contract year but providedUser shall be required to pay the Port $10.00 per each IPI TEUthat is less than 3,000 in a contract year, and otherwise upon theterms and conditions specified in the Board's Agenda Sheet ItemNo. 21 dated May 8, 2001, and such standard terms and conditionsas specified in the Agreement and approved by the ExecutiveDirector.

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

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


In Board of Port Commissioners, Oakland, California, May 8, 2001 Passedto 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.


Adopted at a Adjourned regular meeting held May 22 , 2001


Ayes:

Commissioners Ayers-Johnson, Protopappas, Tagami, Uribeand President Kramer - 5

Noes:

Absent:

None

Commissioners Kiang and Scates -

President.

AttestSecretary.

32084

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

true and correct.


ORIGINAL

The 06hitiand Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

'10) 208-6306

Legal No. 2064380

PUBLIC NOTICEPORT ORDINANCE'NO. 3639

AN ORDINANCE AUTHORIZING ANDAPPROVING THE EXECUTION OF

TERMINAL USE AGREEMENT WITHYANG MING MARINE

TRANSPORT CORPORATioN

BE IT ORDAINED by the Board of PonCommissioners cf tile City of Oakland as fol-lows:

Section 1. The Board of Port Commis-sioners ("Board") hereby approves a Ter-minal Use Agreement between the CITY OFO ,AKLAND, a municipal corporation, actingby and through the Board, and YANG KNOMARINE TRANSPORT CORPORATION aTaiwan corporation, as User, covering User'snonexclusive right to use areas within thePort's Ben E. Nutter Container Terminal asthe published regularly scheduled NorthernCalifornia port of call for the berthing ofUser's V,'`.9f)lir, and the loading and dis-charge uf c:tinter:; Nicl operations supple-mental ti-cpcotc ) , f c cl term commencing thefirst day t.11{, calendar mci th following the

.;.,,,,I;../c.fv:ss of said Agreementpun's tp ,,-.L.rions 5 and 6 of theItippirigAct of ,crccl the expiration of thirty (30)day trot n and after the final adoption of thisordinance and expiring effective June 1,2006, with ei to pay to the Port, in lieu oftariff dockagr: ccc l-cctmas and tariff wharfagecharges, a sigh,c fixed rate of $69.00 perloaded Twenty-Foot Equivalent Unit con-tainer (TEU), increase=d at the same time andby the same percentage that Port tariffdockage and whastage rates are increased,based upon a percentage allocation method-ology for Port tariff charges which shall re-ficct User's activity, be established by the Ex-ecUtive Director and incorporated in saidAgreement with User (said fixed late, as soincreased, referred to as the f fixed TEU Amount") guaranteeing to the port each con-tract year payment for a minimum of 24,000loaded TEUs, said Fixed TEU Amount sub-ject to a 10 discount if toaded TEUs in acontract year equal or exceed 20,000. a 15%discount if loaded TEUs equal or exceed30,000 in a contract year. a 20% discount ifloaded TEUs equal or exceed 40,000 in acontract year a 25% discount if loaded TEUsequal or exceed 55,000 in a contract year,and a 30, discount if loaded TEUs equal orexceed 65,0n0 in a contract year (but only tothe extent that after the discount User's totalcontract year payments of the Fixed TEUAmount equal at least the Fixed TEU Amountfor the minimum of 24,000 loaded (TEUs)with a refund to User for each loaded TEU ofInterior Point Intermodal ("IPI") cargo of $5.

i00 per each IPI TEU in excess of 4,000 in 'acontract year but provided User shall be re-quired to pay the Port $10.00 per each IPITEU that is less than 3,000 in a contract year,and otherwise upon the terms and conditionsspecified in the Board's Agenda Sheet Item

o. 21 dated May 8, 2001, and such stan-dard terms and conditions as specified in theAgreement and approved by the ExecutiveDirector.

Section 2, The Executive Director ishereby authorized to execute and the Secre-tary to attest said Agreement.

Section 3. This ordnance is not evidenceof and does not create or constitute (a) acontract, agreement; or any right, entitlementor property interest, or (b) any obligation or

on the part of the Board or arty officer,:ritployee of the Board. This ordinance ap-

,,love-, and authorizes the execution of theAgreement in accordance with the terms ofthis ordinance. Unless and until a separatewritten Agreement is dully, executed on be-halt of the Board as authorized by'this ordi-nance, is signed as approved as to form andlegality by the Port Attorney, and is deliveredto User, there shall be no valid or effectiveAgreement or other obligation or liability onthe part of the Board.

Section 4. This ordinance shall take effectthirty (30) days from, and after its final adop-tion.

In Board of Port Commissioners, Oakland,California, May 8, 2001. Passed to print forone day by thi: following vote: Ayes: Com-missioners Ayers-Johnson, Kiang, Prato a-ppas, Scales, 1 egami, Uribe and PresidentKramer - Noes: None. Absent: None.

Christopher O. marshal!Secretary of the Board

The Oakland Tribune, #2064380May 16, 2001


In the matter of:



That the

PUBLIC NOTICE


MAY 16, 2001

The 01"land TribuneORIGINAL

do ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

'10) 208-6306

Legal No. 2064380

77— PUBLIC NOTICE


In the matter of:



That the

PUBLIC NOTICE


MAY 16, 2001


,_/

■( 4),Public Notice Advertising Clerk


CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF ANAMENDMENT TO LEASE WITH EAST BAY REGIONAL PARKDISTRICT.


Section 1. The Board hereby approves and authorizes execution ofan agreement ("Amendment") to that certain Lease dated April 1, 1976,between the Port and EAST BAY REGIONAL PARK DISTRICT (EBRPD), asLessee, to increase the leased premises by approximately 4,010 squarefeet containing the terms and conditions as more fully set forth inAgenda Sheet Item No. 22S, dated April 24, 2001.

Section 2. The Executive Director is hereby authorized toexecute said Amendment.

Section 3. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Guidelines Section 15301(c).

Section 4. This ordinance is not evidence of and does not createor constitute (a) a contract, lease or the grant of any right,entitlement or property interest, or- (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of a lease oragreement in accordance with the terms of this ordinance. Unless anduntil a written lease is duly executed on behalf of the Board asauthorized by this ordinance, is signed and approved as to form andlegality by the Port Attorney, and is delivered to the Lessee, thereshall be no valid or effective lease or agreement.

32993


In Board of Port Commissioners, Oakland, California, April 24,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami andVice President Uribe - 6. Noes: None. Absent: President Kramer - 1.


Adopted at a Adjourned regular meeting held May 8 , 2 0 01



Noes: None

Absent: None

President.

AttestSecretary.


In the matter of:



That the

PUBLIC NOTICE


MAY 2, 2001

I certify (or declare) under the penalty of perjury that the foregoing istrue aqd correct.

The kland Tribunedo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

- 10) 208-6306

Legal No. 2055359


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TOLEASE WITH EAST BAY REGIONAL PARK DISTRICT.

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

Section 1. The Board hereby approves and authorizes execution of an agreement(Amendment" to that certain Lease dated April 1, 1976, between the Port and EAST BAYREGIONAL PARK DISTRICT (EBRPD), as Lessee, to increase the leased premises by ap-proximately 4,010 square feet containing the terms and conditions as more fully set forth inAgenda Sheet Item No. 22S, dated April 24, 2001.

Section 2. The Executive Director is hereby authorized to execute said Amendment.Section 3. The Board hereby finds and determines that this project has been determined to

be categorically exempt from requirement of the California Environmental Quality Act and thePort CEOA Guideline pursuant to Guidelines Section 15301 (c).

Section 4. This ordinance is not evidence of and does not create or constitute (a) a con-tract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or lia-bility on the part of the Board or any officer or employee of the Board. This ordinance approvesand authorizes the execution of a lease or agreement in accordance with the terms of this ordi-nance. Unless and until a written lease Is duly executed on behalf of the Board as authorizedby this ordinance, is signed and approved as to form and legality by the Port Attorney, and isdelivered to the Lessee, there shall be no valid or effective lease or agreement.

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

In Board of Port Commissioners. Oakland California, April 24, 2001. Passed to print for oneday by. the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas, Scates,Tagamt and Vice President Uribe 6. Noes: None. Absent: President Kramer -1.


The Oakland Tribune #2055359May 2, 2001

ORIGINAL

Tile OLland Tribune ORIGINAL


In the matter of:



That the

PUBLIC NOTICE

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

MAY 2, 2001


Public Notice Advertisin CI rk

c/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising'10) 208-6306

Legal No. 2055359


CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCUMENTS TO EAST BAYMUNICIPAL UTILITY DISTRICT (EBMUD) FOR POTABLEAND RECLAIMED WATER PIPELINES ON THE AIRPORT.


Section 1. The Board of Port Commissioners ("Board") herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board and deliver to EAST BAY MUNICIPAL UTILITY DISTRICT("EBMUD"), an easement and related documents, for relocation of twoexisting underground water pipelines: a 20" potable water pipeline anda 16" reclaimed water pipeline and to extend a 20" potable waterpipeline, all in accordance with Agenda Sheet Item No. 13S dated April24, 2001. Said easements and related documents shall contain suchterms and conditions as the Executive Director or Port Attorney maydetermine necessary in order to protect the interests of the Port.

Section 2. This ordinance is not evidence of and does notcreate or constitute (a) a contract or the grant of any right,entitlement or property interest or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said easement inaccordance with the terms of this ordinance. Unless and until aseparate written easement and related documents are duly executed onbehalf of the Board as authorized by this ordinance, are signed andapproved as to form and legality by the Port Attorney and aredelivered to EBMUD, there shall be no valid or effective easement orsuch other documents.

Section 3. This ordinance shall take effect thirty (30)

days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, April 24,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami andVice President Uribe - 6. Noes: None. Absent: President Kramer - 1.


Adopted at a Adjourned regular meeting held May 8 , 200 1



Noes: None

Absent: None

President.

Attest

Ap oved as to f and legality Secretary.

33002


10) 208-6306

Legal No. 2055249


ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASE-MENT DOCUMENTS TO EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD) FOR PO-TABLE AND RECLAIMED WATER PIPELINES ON THE AIRPORT.


Section 1. The Board of Port Commissioners ("Board") hereby approves and authorizesthe Executive Director to execute for and on behalf of the Board and deliver to EAST BAY MU-NICIPAL UTILITY DISTRICT ("EBMUD"), an easement and related documents, for relocationof two existing underground water pipelines: a 20" potable water pipeline and a 16" reclaimedwater pipeline and to extend a 20' potable water pipeline, all in accordance with AgendaSheet stern No. 135 dated April 24, 2001. Said easements and related documents shall containsuch terms and conditions as the Executive Director or Port Attorney may determine neces-sary 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 contractor the grant of any right, entitlement or property interest or (b) any obligation or liability on thepart of the Board or any officer or employee of the Board. This ordinance approves and autho-rizes the execution of said easement in accordance with the terms of this ordinance. Unlessand until a separate written easement and related documents are duly executed on behalf ofthe Board as authorized by this ordinance, are signed and approved as to form and legality bythe Port Attorney and are delivered to EBMUD, there shall be no valid or effective easement orsuch other documents.

Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption.In Board of Port Commissioners. Oak!and, California, April 24, 2001. Passed to print for one

day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Photopappas, Scates,Tagerni and Vice President Uribe - 6. Noes: None. Absent: President Kramer -1.


The Oakland Tribune, #2055249May 2, 2001


In the matter of:



That the

PUBLIC NOTICE


MAY 2, 2001

I certify (or declare) under the penalty of perjury that the foregoing istrueiand correct.

ORIGINAL

The OL.iand Tribune

Public Notice Advertising Cle rk

The °Lind Tribune ORIGINAL


10) 208-6306

Legal No. 2055249

PUBLIC NOTICE PUBLIC NOTICEPORT,ORDINANCE NO. 3637

ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASE-XENT DOCUMENTS TO EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD) FOR PO----- .ns.c r,k, -rue sliztonsaT

ss)r)

lains-ctiea

-ssofSyor

nes,


In the matter of:



That the

PUBLIC NOTICE


MAY 2, 2001

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


CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING THEISSUANCE OF SUBPOENAS IN PROCEEDINGS BEFORETHE BOARD.


Section 1. The Board of Port Commissioners ("Board")hereby approves and authorizes the issuance of subpoenas requiringthe attendance of witnesses or production of documents forevidence or testimony in matters or proceedings pending before theBoard.

Section 2. The President of the Board is herebyauthorized to sign and the Secretary to attest said subpoenasissued on behalf of the Board.

31441

Section 3. This ordinance is intended to establish aprocedure and provide authorization for the Board to issuelegislative subpoenas to assist in its legislative functions anddecision-making regarding legislative or appropriative matters asprovided by law. This ordinance approves and authorizes theissuance of said subpoenas in accordance with the terms of thisordinance and according to law.


In Board of Port Commissioners, Oakland, California,April 24, 2001. Passed to print for one day by the followingvote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates, Tagami and Vice President Uribe - 6. Noes: None.Absent: President Kramer - 1.


Adopted at a Adj ourned regular meeting held May 8 , 2 o n



Noes: None

Absent: None

President.

AttestSecretary.

Appro ed s to f Tid legality :

3 441 Port Attorney

OLJand Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising110) 208-6306

Legal No. 2054768

PUBLIC NOTICE PUBLIC; NOTICEPORT ORDINANCE NO. 3636

AN ORDINANCE APPROVING AND AUTHORIZING THE ISSUANCE OF SUBPOENAS INPROCEEDINGS BEFORE THE BOARDBE 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 and authorizesthe issuance of subpoenas requiring the attendance of witnesses or production of documentsfor evidence or testimony in matters or proceedings pending before the Board.

Section 2. The President of the Board is hereby authorized to sign and the Secretary to at-test said subpoenas issued on behalf of the Board.

Section 3. This ordinance is intended to establish a procedure and provide authorization forthe Board to issue legislative subpoenas to assist in its legislative functions and decision-making regarding legislative or appropriative matters as provided by law. This ordinance ap-proves and authorizes the issuance of said subpoena in accordance with the terms of this ordi-nance and according to law.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.In Board of Port Commissioners, Oakland, California, April 24, 2001. 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.


ORIGINAL


In the matter of:



That the

PUBLIC NOTICE


MAY 2, 2001



The Ot...iland Tribune ORIGINAL


-;10) 208-6306

Legal No. 2054768


In the matter of:



That the

PUBLIC NOTICE


MAY 2, 2001




CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION OFAN EASEMENT AGREEMENT WITH THE UNITED STATESCOAST GUARD.


Section 1. The Board of Port Commissioners ("Board") herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board an Easement Agreement with The UNITED STATES COASTGUARD to erect a modern concrete pile support bridge connectingDennison Street to Coast Guard Island and as more fully described inBoard Agenda Sheet Item No. 11 dated March 20, 2001. Said easementshall contain such terms and conditions as the Executive Director orPort Attorney may determine necessary in order to protect theinterests of the Port; and

Section 2. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act (CEQA) andthe Port CEQA Guidelines pursuant to Class 1 of Guidelines Section15301(p).

Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract, or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of an easement inaccordance with the terms of this ordinance. Unless and until aseparate written easement is duly executed on behalf of the Board asauthorized by this ordinance, is signed and approved as to form andlegality by the Port Attorney, and is delivered to the othercontracting party, there shall be no valid or effective easement.

32333


In Board of Port Commissioners, Oakland, California, March 20,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribeand President Kramer - 7. Noes: None. Absent: None.


meeting held April 3 , 2 0 01Adopted at a regular


Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,

Scates, Tagami, Uribe and President Kramer - 7

None

None

32333

The L►and Tribune ORIGINAL

c/o ANG Newspapers1080 South Amphlett Blvd.San Mateo, CA 94402(650) 348-4467 Fax (650) 348-4459

Legal No. 2032864

PROOF OF PUBLICATIONPUBLIC NOTICE


ORDINANCE APPROVING AND AUTHO-UZI NG EXECUTION OF AN EASEMENTaGrEEMENT WITH THE UNITED STATESCOAST GUARD.

BE IT ORDAINED b the Board of Portcommissioners ("Board'' of the City of Oak-lAnri as follows:

SECTION 1. The Board of Port Commis -sioners ("Board") hereby approves and au-niorizes the Executive Director to execute forand on behalf of the Board an EasementAgreement with The UNITED STATESCOAST GUARD to erect a modern concretepile support bridge connecting DennisonStreet to Coast Guard Island and as morefully described in Board Agenda Sheet ItemNo. 11 dated March 20, 2001. Said easementshall contain such terms and conditions asthe Executive Director or Port Attorney maydetermine necessary in order to protect theinterests or the Port; and

SECTION 2, The Board hereby finds anddetermines that this project has been deter-rnined to be categorically exempt from re-

nents of the California Environmentalolitv Act (CEOA) and the Port GEOA

r,,iirIelines pursuant to Class 1 of Guidelineseittion 15301 (p).SECTION 3. This ordinance is not evi-

,:,rice of and does not create or constituten contract, or the grant of any right, enti- ,

lien-tent or property interest, or (b) any obli-gation or liability on the part of the Board orany officer or employee of the Board. This or-dinance approves and authorizes the execu-tion of an easement in accordance with theterms of this ordinance. Unless and until aseparate written easement is duly executedon behalf of the Board as authorized by thisordinance, is signed and approved as to formaria legality by the Port Attorney, and is deliv-ered to the other contracting party, thereshall be no valid or effective easement.

SECTION 4. Tnis ordinance shall take ef-fect thirty (30) days from and after Its finaladoption.

In Board of Port Commissioners, Oakland,California, March 20, 2001. Passed to.printfor 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. MARSHALLSecretary of the Board

The Oakland Tribune, #2032064March 29, 2001

In the matter of:


The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the SAN MATEO COUNTY TIMES anewspaper of general circulation as defined by Government CodeSection 6000 adjucated as suchby the Superior Court of the State of California, County of San Mateo(Case No. 55795 September 21, 1951) which is published andcirculated in said county and state daily (Sunday excepted).

That the

PUBLIC NOTICE

of which the annexed is a printed copy, was published in every issue ofthe SAN MATEO COUNTY TIMES, on the following dates:

MARCH 29, 2001



The 0,...land Tribune ORIGINAL


Legal No. 2032864


In the matter of:



That the

PUBLIC NOTICE


MARCH 29, 2001


Arrt; 47( ECR-1‹.




AN ORDINANCE ESTABLISHING CHARGES FOR USE OFFACILITIES AND THE PROVISION OF AVIATIONFUEL AT METROPOLITAN OAKLAND INTERNATIONALAIRPORT, PROVIDING CERTAIN REGULATIONS INCONNECTION THEREWITH AND REPEALING PORTORDINANCE NO. 1149.


Section 1. Unless from the context a differentmeaning is apparent, the words and phrases as used in this ordinanceshall have the following meanings, whether or not such terms arecapitalized, and whether used in the singular or the plural, or themasculine or the feminine:

The term "Aircraft" shall mean any contrivance nowknown or hereafter designed, invented or used for powered or non-poweredflight in the air, except a parachute or other contrivance usedprimarily as safety equipment. For the purpose of this definition, ahelicopter is included but an ultralight vehicle (as defined in 14 CFR103) is not included.

The term "Airline Operator" shall mean a person, firmor corporation which has as its principal business activity the carriageof passengers, mail or cargo in Aircraft of which it is the owner orlessee or over which it has direct control.

The term "Airport General Manager" shall mean thatperson designated by the Port and acting under the direction of theDirector.

The term "All Cargo Transportation" shall mean thetransportation by Aircraft of property and mail but not the carriage ofpassengers.

The term "Aviation Fuel" shall mean all forms of gaso-line, pressure appliance fuel, jet fuel, anti-detonator injector fueland any other form of fuel used in or for the propulsion of Aircraft andautomotive fuel used in ground equipment.

32358

The term "Based Aircraft" shall mean an Aircraftoperated by a person holding a permit from the Port for any CommercialOperations at the Airport.

The term "Based Tenant Operator" shall mean an AirlineOperator who leases or licenses space from the Port or who subleases orsublicenses space from an Airline Operator in the Terminal Buildings.

The term "Certificated Airline Operator" shall mean anAirline Operator that operates at the Airport pursuant to a certificateof authority issued by the FAA or the California Public UtilitiesCommission.

The term "Commercial Operations" shall mean the owning,controlling, operating or managing of Aircraft for any commercialpurpose and receiving compensation therefrom, in any form whatsoever,provided that there shall be excluded from "Commercial Operations", asherein defined, operations by a Certificated Airline Operator.

The term "Consumer Account" shall mean a person orentity (1) doing business on the Airport at a non-apron front siteoccupied under lease or license agreement with the Port, (2) that is nota "Contract Account" as defined by Port ordinance, (3) that is theholder of a contract with an oil company authorized to make AviationFuel deliveries to the Airport providing for the purchase and delivery^f Aviti^n F ,,e 1 1-a-1 (4) that ,, s e s s-i d Aviti^n F,,e 1 f^r ^th ,=, r th i n

Aircraft use including, without limitation, use in connection withtesting of Aircraft engines while said Aircraft engines are removed fromthe Aircraft for repair, maintenance, rebuilding or testing.

The term "Contract Account" shall mean an airlinecertificated by the Federal Aviation Administration or the PublicUtilities Commission of the State of California to provide airlineservice, a major manufacturer of Aircraft with a maximum gross landingweight in excess of 60,000 pounds used by major air carriers, an airtravel club which operates turboprop or turbojet transport categoryAircraft with a maximum gross landing weight in excess of 70,000 poundsor a person conducting air taxi operations in large Aircraft underfederal authority, and which airline, manufacturer, air travel club orair taxi operator is the holder of a contract with an oil companyauthorized to make Aviation Fuel deliveries to the Airport providing forthe purchase and delivery of Aviation Fuel.

The term "Director" shall mean the Director of Aviation

employed by the Port or his or her designee.

The term "Federal Aviation Administration" or "FAA"shall mean the United States Department of Transportation, FederalAviation Administration.

32358 2

The term "Fixed Base Operator" is defined as a personwho rents, leases or owns facilities located on the Airport who byvirtue of his specific type of aviation activity requires the occupancyof a site with contiguous Aircraft apron and direct access to theAircraft operation area, and who engages in a business activityproviding aviation sales and services, including but not limited to anyof the following: (a) selling and servicing new and used Aircraft andcomponent parts; (b) Aircraft maintenance; (c) repair and sale ofavionics; (d) aviation training (including flight training); (e) aerialphotography; and (f) Aircraft rental/charter.

The term "Holder of Primary Fueling Privileges" shallmean that person or persons holding the privilege to provide fuel forAircraft located on such person's premises in the North Field and onpublic areas of the North Field but not on premises leased, licensed orassigned by the Port to any other person unless such other personconsents to the holder's providing fuel on said other person's premises.

The term "Maximum gross landing weight" shall mean themaximum permissible gross weight which the Aircraft may lawfully have,or be permitted to have, at the time of landing, as set forth in theFederal Aviation Administration's flight manual governing that type ofaircraft, and without giving consideration to local factors. If suchmaximum gross landing weight cannot be determined under the priorsentence, the Port shall establish the maximum gross landing weight forthe specific type of aircraft by using known factors and a reasonable

The term "Metropolitan Oakland International Airport,"hereinafter referred to as the "Airport," shall mean all of thefacilities and area operated and maintained by the Port in connection orassociated with an airfield for the landing and taking off of Aircraftin the Port Area in the City of Oakland, County of Alameda, State ofCalifornia, and like facilities similarly located under construction bythe Port at the time of adoption of this ordinance, and area andfacilities added to or made a part of such an airfield in the future.Facilities for the landing and taking off of helicopters, other thanthose located upon an airfield for landing and taking off of Aircraft,are not included in this definition.

The term "Non-Signatory Based Airline" shall mean anAirline Operator subject to the provisions of any of the followingprovisions of this Ordinance: the proviso at the end of Section 2(a)(i);the proviso at the end of Section 2(c); the last sentence of Section9(a) (1); the last sentence of Section 9(a)(5); the last sentence ofSection 9(b)(1); the last sentence of Section 9(c)(1); the last sentenceof Section 9(e)(1); the last sentence of Section 9(f)(1); Section10.10(a) (ii); Section 10.10(b)(ii); Section 10.10(c)(ii); and Section10.10(d)(ii).

The term "North Field" shall mean that portion of theAirport located north of Air Cargo Road.

32358 3

The term "Person" shall mean an individual, firm,partnership, corporation, company, association, joint stock associationor body politic, and includes any trustee, receiver, committee, assigneeor other representative or employee thereof.

The term "Port" shall mean the Board of PortCommissioners of the City of Oakland.

The term "Port Attorney" shall mean the Port Attorneyemployed by the Port.

The term "Private Aircraft" shall mean Aircraftoperated by a person for pleasure, business, or for other purposes,where no direct monetary return is received from its operation, andincluding, without limiting the generality hereof, executive Aircraft.

The term "Revenue Landing" shall mean an Aircraftlanding at the Airport in conjunction with a flight for which anAirline Operator makes a charge or from which revenue is derived fromthe transportation by air of Persons or property, including withoutlimitation Aircraft of an Airline Operator diverted to Airport fromanother airport.

The term "South Field" shall mean that portion of theAirport located south of Air Cargo Road.

The term "Terminal Buildings" shall mean allbuildings and structures located within the Airport and open to thepublic for the purpose of flight ticket purchase, public lobby waiting,baggage check-in and those other services related to public air travel.

Words relating to aeronautical practices, processesand equipment shall be construed according to their usage in theaviation industry.

Section 2. Except as provided in Sections 3, 5 and 7of this ordinance, or by a written agreement between the Port and anAirline Operator, or as may be waived pursuant to a marketing incentivepolicy authorized by the Port if such waiver is reflected in a writtenagreement between the Port and an Airline Operator, the followinglanding fees and operation charges are hereby established for eachaircraft using the landing areas, including the helicopter landingareas, at the Airport:

a. (i) For Based Aircraft described in subsection(c) of this Section 2, and having a maximum gross landing weight ofless than 12,500 pounds, the rate shall be $13.25 per landing;provided, however, that effective April 1, 2001, if the operator ofsuch Based Aircraft has not signed and returned the Port's Airline

32358 4

Operating Agreement, the rate shall be $16.56 per landing until suchAgreement has been signed and returned by the operator of such BasedAircraft.

(ii) For other Aircraft having a maximum grosslanding weight of less than 12,500 pounds, the rate shall be $16.56 perlanding, except as hereafter set forth in subsection (c) of thisSection 2.

b. For Aircraft having a maximum gross landingweight of more than 12,500 pounds, the rate shall be $1.33 per 1,000pounds of maximum gross landing weight per Aircraft, except ashereafter set forth in subsection (c) of this Section 2.

c. For aircraft operated by a Based TenantOperator, a Certificated Airline Operator that is listed in theOfficial Airline Guide as providing scheduled service to and from theAirport, or an Airline Operator that leases or licenses a minimum of20,000 square feet of land or ramp area on the South Field on at leasta month-to-month basis, or that leases or licenses a minimum of 2,200square feet of air cargo building space on the South Field on at leasta month-to-month basis, the rate shall be $1.06 per 1,000 pounds ofmaximum gross landing weight per Aircraft; provided however, thateffective April 1, 2001, this subsection c shall not apply to anyAirline Operator that has not signed and returned to the Port thePort's Airline Operating Agreement.

Section 3. A landing fee shall not be assessed againstany Aircraft which, after taking off from the Airport, and withoutmaking a landing at any other airport, returns to land at the Airportbecause of meteorological conditions, mechanical or operating causes,or any other reason of emergency. The landing fee and operation chargefor any other non-Revenue Landing, including but not limited totraining and familiarization flights, of Aircraft operated by aCertificated Airline Operator are hereby established at $.53 for each1,000 pounds of maximum gross landing weight per Aircraft landed byCertificated Airline Operators covered by Section 2c hereof and $.66for each 1,000 pounds of maximum gross landing weight per Aircraftlanded by Certificated Airline Operators covered by Section 2b hereof.

Section 4. All Aircraft landing fees and operation chargesshall be paid in advance of the Aircraft departure unless creditarrangements satisfactory to the Airport General Manager have been madein advance. Those who have established credit must file monthlyreports containing all data necessary to determine the landing feecharges prepared by an official of each company involved. This datashall be furnished to the Airport General Manager on or before thetenth day of each month, covering operations for the preceding calendar

32358 5

month together with the applicable landing fees and operations chargesfor said preceding calendar month.

Section 5. Except as otherwise provided by a writtenagreement between the Port and the operator of such Aircraft, BasedAircraft with a maximum gross landing weight of less than 25,000 poundsand engaged in Commercial Operations at the Airport consisting only ofAll Cargo Transportation, shall pay landing fees as follows:

a. The said landing fees per calendar month, or fractionthereof, except as hereinafter set forth in subsection (b), are $55.50per month for one Aircraft and $36.50 per month for each additionalAircraft operated by one Person; provided that the maximum landing feesper calendar month for each Fixed Base Operator at the Airport shall be$225.00 per calendar month.

b. Commercial Operations. The landing fees provided forin this Section 5, in lieu of landing fees as set forth in Section 2hereof, shall only apply to landings on North Field runways 09 right andleft, 27 right and left and 15-33, and on landings conducted on SouthField runway 11-29 pursuant to Airport noise abatement and preferentialrunway use programs.

Section 6. All Persons engaged in Commercial Operations atthe Airport shall render promptly such reports about such operations and011 1Vi1L15 d5 may JJC 1_(-1U1LU uy

Section 7. Except as otherwise provided in this Section 7, nolanding fees shall be charged for any Private Aircraft operations, forany Aircraft operated by the federal government or by the State ofCalifornia or any of their agencies, except in the event that anagreement between the Port and the federal government or the State ofCalifornia or any of their agencies establishes such landing fees, or offederal government or State of California Aircraft being repaired oroverhauled by an Airport-based company for which prior approval of theAirport General Manager has been obtained. The exemption from landingfees for Private Aircraft operations hereinabove specified in thisSection 7 shall not apply to operations upon Airport Runway 11-29.

Section 8. The landing fees and operation charges establishedpursuant to Sections 2 and 3 hereof include compensation to the Port forthe privilege of procuring and delivering to Aircraft on the Airportin-flight meals prepared and delivered by the Airline Operator or itsaffiliated or controlled corporation to said Airline Operator'sAircraft. The Port reserves and retains the right to assess a fee orcharge against anyone other than such Airline Operator or its affiliatedor controlled corporation for the privilege of selling upon ordelivering to the Airport such in-flight meals or supplies or productsused in connection with in-flight meals.

32358 6

Section 9. The following charges are hereby established forstorage of Aircraft at the Airport:

Outside Storage - South Field Operations

a. (1) For paved or improved Aircraft parkingspaces in the South Field utilized by Based Aircraft, providingpassenger service, designated to accommodate Aircraft with wingspansor length, whichever is greater, of:

Wingspans or LengthMonthlyRate


EachAdditional8 Hours orFractionThereof


40 feet or less $ 79.00 $ 6.00 $ 3.00 $ 8.0050 feet or less 112.00 7.00 4.00 10.0075 feet or less 169.00 10.00 5.00 15.00100 feet or less 188.00 14.00 6.00 21.00125 feet or less 293.00 21.00 10.00 31.00150 feet or less 426.00 29.00 14.00 43.00175 feet or less 566.00 38.00 20.00 57.00200 feet or less 698.00 47.00 24.00 70.00Over 200 feet 842.00 57.00 28.00 83.00Blimp $902.00 $62.00 $ 29.00 $91.00

Effective April 1, 2001, the fee provided for in this Section 9(a)(1)shall not be available to a Based Tenant Operator that has not signedand returned the Port's Space/Use Permit covering such Aircraftparking spaces, and that does not sign and return such Space/UsePermit within 60 days after its receipt of such Space/Use Permit.

(2) Notwithstanding the monthly rates hereinaboveset forth, the monthly rate for Aircraft 40 feet or less requiringtaxi-in/taxi-out capability is $120.00.

(3) Based Aircraft parking overnight at a loadingbridge shall be subject to the applicable storage fee set forth above.

(4) No fee shall be assessed on an AirlineOperator's passenger carrier Aircraft parked in the South Field forless than three (3) hours.

(5) For Aircraft parking spaces in the South Fieldutilized by Aircraft that are not Based Aircraft, providing passengerservice, designated to accommodate Aircraft with wingspans or length,whichever is greater of:

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Wingspans or Length

40 feet or less50 feet or less75 feet or less100 feet125 feet150 feet175 feet200 feetOver 200Blimp

or lessor lessor lessor lessor lessfeet

MonthlyRate

$ 99.00140.00211.00235.00366.00533.00708.00873.00

1,053.00$1,128.00


$ 8.009.00

13.0018.0026.0036.0048.0059.0071.00

$78.00

EachAdditional8 Hours orFractionThereof

$ 4.005.006.008.00

13.0018.0025.0030.0035.00

$36.00


$10.0013.0019.0026.0039.0054.0071.0088.00

104.00$114.00

Effective April 1, 2001, the fee provided for in thisSection 9(a)(5) shall also be payable by a Based Tenant Operatorproviding passenger service that has not signed and returned thePort's Space/Use Permit covering such Aircraft parking spaces, andthat does not sign and return such Space/Use Permit within 60 daysafter its receipt of such Space/Use Permit.

(6) Monthly storage charges are hereby establishedon a calendar month basis. Storage activity commencing during a

1 1 1 1 ,

ten or more days remaining in such a calendar month. When there arenine or less days remaining in such a calendar month, charges shall beon the basis of the daily rate for the remainder of such calendarmonth.

b. (1) For paved or improved heavy Aircraft apron inthe South Field utilized by Based Aircraft for air cargo operationsand for paved or improved individual air cargo apron parking andstaging area in the South Field designated to accommodate thefollowing Aircraft:

Aircraft TypeMonthlyRate


EachAdditional Maximum8 Hours or TotalFraction DailyThereof Rate

AIRBUSA300-600

$ 5,508 $ 369

$ "182

$ 733A320-200

5,508 369

182

733

ANTONOVAN124

9,072 608

299

1,206AN225

14,688 984

485

1,954

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BOEING727-100 3,456 232 114 460727-200 3,456 232 114 460707-320 5,508 369 182 733747-100/200 9,072 608 299 1,206747-400 9,072 608 299 1,206757-200 3,456 232 114 460767-300 5,508 369 182 733777-200 9,072 608 299 1,206

DE HAVILANDDHC-4/CARIBOU 1,080 72 36 144

FAIRCHILDF-27 1,080 72 36 144

ILYUSHIN11-76 5,508 369 182 733

LOCKHEEDL1011-500 5,508 369 182 733L382 3,456 232 114 460

DOUGLASDC8-61F 5,508 369 182 733DC8-62F 5,508 369 182 733DC8-63F 5,508 369 182 733DC8-70 SERIES 5,508 369 182 733DC9-15F 1,620 109 53 215DC9-33F 1,896 127 53 253DC9-40F 1,896 127 53 253DC9-51F 2,160 145 71 287DC10-10 5,508 369 182 733DC10-30 5,508 369 182 733

MITSUBISHIYS-11 $1,404 $94 $46 $186

Effective April 1, 2001, the fee provided for in this Section 9(b) (1)shall not be available to a Based Tenant Operator that has not signedand returned the Port's Space/Use Permit covering such Aircraft apron,and that does not sign and return such Space/Use Permit within 60 daysafter its receipt of such Space/Use Permit.

(2) If any Based Aircraft is engaged in cargooperations in the South Field and is not referenced above, the monthlyrate shall be determined by multiplying the Aircraft working area (asdetermined by the Airport General Manager) by the monthly rate of$0.108 per square foot or any fraction thereof.

(3) These rates do not apply to Aircraft parked byan Airline Operator engaged in All Cargo Transportation that leases

32358 9

multi-Aircraft hangars and airport support facilities as specified inits leasehold agreement.

(4) Monthly storage charges are hereby establishedon a calendar month basis. Storage activity commencing during acalendar month shall be charged for a complete month when there areten or more days remaining in such a calendar month. When there arenine or less days remaining in such a calendar month, charges shall beon the basis of the daily rate for the remainder of such calendarmonth.

c. (1) For paved or improved heavy Aircraft apron inthe South Field utilized by aircraft that are not Based Aircraft forair cargo operations and for paved or improved individual air cargoparking and staging areas in the South Field designated to accommodatethe following Aircraft:

Aircraft Type

AIRBUS

EachFirst 8 Additional MaximumHours or 8 Hours or Total

Monthly Fraction Fraction DailyRate Thereof Thereof Rate

A300-600 $6,885 $461A320-200 6,885 461

ANTONOVAN124 11,340 760AN225 18,360 1,230

BOEING727-100 4,320 290727-200 4,320 290707-320 6,885 461747-100/200 11,340 760747-400 11,340 760757-200 4,320 290767-300 6,885 461777-200 11,340 760

DE HAVILANDDHC-4/CARIBOU 1,350 90

FAIRCHILDF-27 1,350 90

ILYUSHIN11-76 6,885 461

$228 $916

228 916

374 1,508606 2,443

143 575143 575228 916374 1,508374 1,508143 575228 916374 1,508

45 180

45 180

228 916

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LOCKHEEDL1011-500L382

6,8854,320

461290

228143

916575


MITSUBISHIYS-11 $1,755 $118 $58 $233

Effective April 1, 2001, the fee provided for in thisSection 9(c)(1) shall also be payable by a Based Tenant Operatorengaged in such air cargo operations that has not signed and returnedthe Port's Space/Use Permit covering such Aircraft apron and that doesnot sign and return such Space/Use Permit within 60 days of itsreceipt of such Space/Use Permit.

) If any Aircraft that is not - Based ircraft is/

engaged in cargo operations in the South Field and is not referencedabove, the monthly rate shall be determined by multiplying theaircraft working area (as determined by Airport General Manager) bythe monthly rate of $0.127 per square foot or any fraction thereof.

(3) Monthly storage charges are hereby established ona calendar month basis. Storage activity commencing during a calendarmonth shall be charged for a complete month when there are ten or moredays remaining in such a calendar month. When there are nine or lessdays remaining in such a calendar month, charges shall be on the basisof the daily rate for the remainder of such calendar month.

Outside Storage - North Field Operations

d. (1) For paved or improved Aircraft parking spaces in theNorth Field, other than those described in subsection e(1), e(2), f(1)or f(2), designated to accommodate Aircraft with wingspans or length,whichever is greater, of:

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Wingspans or LengthMonthlyRate



40 feet or less $ 94.00 $ 6.00 $ 3.00 $ 8.0050 feet or less 134.00 7.00 4.00 11.0075 feet or less 200.00 11.00 5.00 16.00100 feet or less 223.00 15.00 6.00 24.00125 feet or less 347.00 24.00 11.00 36.00150 feet or less 506.00 34.00 15.00 48.00175 feet or less 671.00 43.00 23.00 65.00200 feet or less 828.00 55.00 27.00 79.00Over 200 feet 999.00 65.00 33.00 96.00Blimp $1,069.00 $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/taxiout capability is $135.00.


e. (1) For heavy Aircraft apron utilized by BasedAircraft for air cargo operations and for individual air cargo parkingand staging areas designed to accommodate the following Aircraft inthe North Field:

North Field

First 8Hours or

Monthly FractionRate Thereof


AIRBUSA300-600A320-200

ANTONOVAN124AN225

$4,0294,029

6,63610,744

$270 $133 $536270 133 536

445 219 883720 355 1,430

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BOEING727-100 2,528 169 83 335727-200 2,528 169 83 335707-320 4,029 270 133 536747-100/200 6,636 445 219 883747-400 6,636 445 219 883757-200 2,528 169 83 335

BOEING767-300 4,029 270 133 536777-200 6,636 445 219 883

DE HAVILANDDHC-4/CARIBOU 790 53 26 105

FAIRCHILDF-27 790 53 26 105

ILYUSHINIL76 4,029 270 133 536

LOCKHEEDL1011-500 4,029 270 133 536L382 2,528 169 83 335


MITSUBISHI

YS-11 $1,097 $73 $36 $145

Effective April 1, 2001, the fee provided for in thisSection 9(e)(1) shall not be available to a Based Tenant Operator thathas not signed and returned the Port's Space/Use Permit covering suchAircraft apron, and that does not sign and return such Space/UsePermit within 60 days after its receipt of such Space/Use Permit.

(2) If any Based Aircraft is engaged in cargooperations in the North Field and is not referenced above, the monthlyrate shall be determined by multiplying the Aircraft working area (asdetermined by the Airport General Manager) by the monthly rate of$0.079 per square foot or any fraction thereof.

32358

(3) These rates do not apply to Aircraft parked by anAirline Operator engaged in All Cargo Transportation that leasesmulti-Aircraft hangars and airport support facilities as specified inits leasehold agreement.

(4) Monthly storage charges are hereby establishedon a calendar month basis. Storage activity commencing during acalendar month shall be charged for a complete month when there areten or more days remaining in such a calendar month. When there arenine or less days remaining in such a calendar month, charges shall beon the basis of the daily rate for the remainder of such calendarmonth.

f. (1) For heavy Aircraft apron in the North Fieldutilized by Aircraft that are not Based Aircraft for air cargooperations and for individual air cargo parking and staging areasdesigned to accommodate the following Aircraft:

Aircraft Type

AIRBUS

EachFirst 8 Additional MaximumHours or 8 Hours or Total

Monthly Fraction Fraction DailyRate Thereof Thereof Rate

A300-600 $4,754 $319 $157 $632A320-200 4,754 319 157 632

ANTONOVAN124 7,830 525 '258 1042AN225 12,678 850 419 1687

BOEING727-100 2,983 199 98 395727-200 2,983 199 98 395707-320 4,754 319 157 632747-100/200 7,830 525 258 1042747-400 7,830 525 258 1042757-200 2,983 199 98 395767-300 4,754 319 157 632777-200 7,830 525 258 1042

DE HAVILANDDHC-4/CARIBOU 932 63 31 124

FAIRCHILDF-27 932 63 31 124

ILYUSHINIL76 4,754 319 157 632

32358 14

LOCKHEEDL1011-500 4,754L382 2,983

DOUGLASDC8-61F 4,754DC8-62F 4,754DC8-63F 4,754DC8-70 SERIES 4,754DC9-15F 1,398DC9-33F 1,585DC9-40F 1,585DC9-51F 1,864DC10-10 4,754DC10-30 4,754

MITSUBISHIYS-11 $1,294

319 157 632199 98 395

319 157 632319 157 632319 157 632319 157 63293 46 185106 52 210106 52 210125 61 248319 157 632319 157 632

$86 $42 $171

Effective April 1, 2001, the fee provided for in thisSection 9(f)(1) shall also be payable by a Based Tenant Operatorengaged in such air cargo operations that has not signed and returnedthe Port's Space/Use Permit covering such Aircraft apron and that doesnot sign and return such Space/Use Permit within 60 days of itsreceipt of such Space/Use Permit.

z 11 any 1-ircraIL Lfld -L IS nuL a r5asea HlrcraiL isengaged in cargo operations in the North Field and is not referencedabove, the monthly rate shall be determined by multiplying theaircraft working area (as determined by the Airport General Manager)by the monthly rate of $0.093 per square foot or any fraction thereof.


T-Hangar Storage - North Field Operations

g. (1) Monthly storage charges are hereby establishedon a calendar month basis. Any person commencing storage during acalendar month shall be charged for a complete month when there areten or more days remaining in such a calendar month. When there arenine or less days remaining in such a calendar month, charges shall beon the basis of the daily rate for the remainder of such calendarmonth. Monthly storage rates shall apply to permanently basedaircraft when registration is completed and approved for reservedstorage, except as otherwise provided herein. Daily storage ratesshall apply to those aircraft not registered on a permanent monthlyreserved basis and as provided herein.

32358 15

(2) For storage of Aircraft in T-hangars in the NorthField, the monthly storage rates exclusive of office space in saidT-hangars shall be as follows:

Hangar Area(Port-owned Hangars) Monthly Rates

Port-A-Port (single)Port-A-Port (light twin)T-Hangar (840 sq. feet)T-Hangar (960 sq. feet)T-Hangar (1,110 sq. feet)T-Hangar (1,152 sq. feet)T-Hangar (1,596 sq. feet)

$209.00254.00203.00231.00268.00281.00

$383.00

Hangar Area BetweenHangar 6 & 7, and South of

Building L-606(Port owned Hangars) Monthly Rates

T-Hangar (780 sq. feet) $244.00T-Hangar (1,040 sq. feet) 326.00T-Hangar (1,060 sq. feet) 332.00

(1.4n fRp.t) 42n_nnT-Hangar (2,050 sq. feet) $643.00

Hangar Area(Privately owned Port-a-Port) Monthly Rates

Executive Ramp Space(unspecified)Executive Ramp Space (1,060sq. feet)Executive Ramp Space (1,340sq. feet)Executive Ramp Space (2,050sq. feet)

$103.00

146.00

196.00

$294.00

The rate for office space in said T-Hangars shall be $.2428per square foot per month rounded to the nearest dollar for the totaloffice space occupied. Electricity shall be provided separately on ametered basis.

Outside Storage - All Operations

h. (1) No storage charges shall be assessed under thisSection 9 against aircraft operated by the United States Government or

32358 16

any of its agencies or the State of California or any of its agencies,except in the event that an agreement between the Port and suchagencies establishes such charges.

(2) For outside Aircraft parking spaces in unpaved,unimproved areas: A rate equal to 75% of the applicable monthly ratefor outside storage of Aircraft on paved or improved areas will becharged.

( 3 ) Disabled Aircraft parked on the apron andunable to resume normal operations shall be subject to scheduledstorage fees for a maximum of three days after discharging cargo.Subsequent to the third 24 hour period, the Airport General Managermay elect to reduce said rates by 50%.

i. (1) All Aircraft stored on the Airport shall beregistered, or otherwise accounted for, with the Airport GeneralManager. Any Aircraft not properly registered or so accounted forshall be deemed as trespassing and may be impounded by. the Port.Release from impound shall be accomplished by proper registration andpayment of any fees and charges due the Port. In addition to any feesor charges due for storage and services, there shall be an impoundcharge of $10.00 due and payable prior to release from impound.

(2) Storage of Aircraft at the Airport shall bepermitted only at places designated by the Airport General Manager andJ11,1_1_1_ 1-J, f-1, 11,11 V1 ,11, VVY11,1 Vl Vl C.1.11,E

without any responsibility of the Port, its officers or employees, forany loss of or damage to the Aircraft while so stored. The owner oroperator of the Aircraft shall be responsible for the tying-down andsecuring of their aircraft.

( 3 ) Monthly storage rates shall apply to Aircraftwhen registration is completed and approved for reserved storage,except as otherwise provided herein. Daily storage rates shall applyto those Aircraft not registered on a permanent monthly reservedbasis.

Section 10. Space Rental Charges.

Section 10.1. Except as otherwise provided by a writtenagreement between the Port and an Airline Operator, the followingcharges for space rental or license of ticketing counters and relatedoffice, holding room and baggage area in the Terminal Buildings arehereby established:

a. Ticketing counter space in Building M-101 and BuildingM-130, $7.694 per square foot per month;

b. Office space behind ticketing counters and in BuildingsM-102, M-103, M-104 and M-130 and holding room space, $6.925 per squarefoot per month;

32358 17

c. Baggage claim area in Buildings M-101 and M-130, $6.155per square foot per month; and

d. Baggage make-up area, $5.386 per square foot per month.

e. Ticket Counter Use - Airline Operators who lease orlicense the ticket counter on a per use basis to provide domestic orinternational scheduled or nonscheduled service to the Airport shall paya use fee of $200.00 per four hour use. Such leasing or licensing ofthe ticket counter by an Airline Operator shall make such AirlineOperator a Based Tenant Operator under this Ordinance.

Section 10.2. Except as otherwise provided by a writtenagreement between the Port and an Airline Operator, all AirlineOperators other than those with regularly scheduled flights from theAirport, including but not limited to those engaged in thenonscheduled, charter and supplemental carriage of passengers and theUnited States Government, or any department or agency thereof, shallpay to the Port for the use of the baggage claim area and the baggageconveyor facilities a sum equal to $.65 per passenger deplaning at theAirport from flights from which baggage is handled over and throughsuch area or facilities regardless of the number of such passengerswho have their baggage handled over or through such area andfacilities.

Section 10.3. All Airline Operators, including but notlimited to those engaged in the regularly scheduled, nonscheduled,charter and supplemental carriage of passengers and the United StatesGovernment, or any department or agency thereof, shall pay to the Port(i) for the use of international passenger handling facilities at theAirport a sum equal to $7.00 per passenger deplaning at the Airport fromflights inbound from foreign airports of origination and utilizing saidinternational passenger handling facilities, and (ii) effective April 1,2001, for the use of the international in-transit lounge at the Airport,a sum equal to $5.00 per through passenger on any flight inbound fromany foreign airport of origination and utilizing the Airport's said in-transit lounge.

Section 10.4. All Aircraft Operators loading passengersupon the ramp area surrounding the Terminal Buildings comprised ofBuildings Nos. M-101, M-102, M-103, M-104, M-106 and M-112, shall pay tothe Port for the use of the Terminal Buildings a sum equal to $1.35 perpassenger enplaned, except that no fees shall be charged under thisSection 10.4 if the Airline Operator:

a. Is a Based Tenant Operator; or

b. Is a Certificated Airline Operator and is utilizing spaceleased or licensed to a Based Tenant Operator for the loading ofpassengers in scheduled service; or

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18

c. Is liable for the payment of fees for deplaninginternational passengers as provided in Section 10.3 hereof; or

d. Does not have seats for more than eight passengers in theAircraft being loaded or unloaded; or

e. Deplanes passengers from an Aircraft which makes anemergency return to the Airport, not having landed at another airport;or

f. Is the United States Government or any of its agencies orthe State of California or any of its agencies, except in the event thatan agreement between the Port and such agencies establishes suchcharges.

Section 10.5. The following fees are hereby establishedfor Airport access identification badges and vehicle permits issued bythe Port:

Type Of Badge Or Permit Fee

Plain access identification badge

$6.00Non-photo, non-keying device, temporary badge

4.00Access identification badge with keying device

8.00

Non-photo, keying device, temporary badge

6.50

1 • nr nn ' 1 1 ' 1Bady A pt_Lt LyL 00.1..11 1L11JJ 1111

badge to partially defray costs to the Airport for guarding against themisuse of a missing badge. This price is in addition to other normalbadge prices.

Airport Vehicle Parking Ramp Access Permits: The following prices arehereby established for Port-issued vehicle permits at the Airport:

Type of Permit Fee

Reserved Area Vehicle Parking

$ 5.0 0Ramp Area Vehicle Access

5.00

Section 10.6. All Airline Operators enplaning passengers atthe Airport shall pay to the Port for use of the sterile concoursesecurity enforcement facilities at the Terminal Buildings a sum equal to$40.00 per enplaning operation, except that no such fee shall be chargedunder this Section 10.6 to an Airline Operator who leases or licensesspace from the Port in the Terminal Buildings.

Section 10.7. The following rates are hereby establishedfor rental of Airport-furnished mail boxes in the Terminal Buildings:

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Size of Mail Box Annual Rate

12-1/2" wide x 5" high $40.00 per annum payable in equal

x 15" long quarterly installments in advance

12-1/2" wide x 10" high $45.00 per annum payable in equal

x 15" long quarterly installments in advance

The renter of said mail boxes shall also be charged for the cost of anylock changes or box repairs required due to loss of keys or misuse ofthe boxes by the renter.

Section 10.8. Except as otherwise provided in a writtenagreement with the Port, the rate for rental of area in the Air Cargo

Terminal complex (Buildings M-106, M-112 and M-128) is herebyestablished at $0.75 per square foot per month.

Section 10.9. Effective January 1, 2001, the fee of $30.00per month is hereby established for each tenant transient employee usingunleased parking facilities provided by the Port for employee vehicleparking at the Airport, and the fee of $42.00 per month is establishedfor airline flight crew members using said facilities.

Said fee shall be assessed on a calendarmonth basis and shall not be prorated for a partial month, and anyemployee or airline flight crew member using said parking areas prior tothe 16th day of a calendar month shall be charged the full monthly rate.Said fee shall include the issuance of one card key and one decal andeach additional decal and/or card key issued to the same employee orairline flight crew member shall be assessed the full monthly fee as setforth above. The Port may issue said card key and/or decal on aquarterly or annual basis for the full monthly fees for each month ofthe period of such issuance.

Lost Card Key Price: A price of $25.00 ishereby established for each lost employee or airline flight crew memberparking lot card key to partially defray the cost of the Port fordeprogramming the lost card from the reader and for associatedadministrative handling.

Section 10.10. All Airline Operators who are preferentiallyassigned the use of a ticketing unit and associated loading bridge gatein the second level of the Airport Terminal Finger Building (M-103) andTerminal II (M-130) shall pay to the Port a second level use fee in thesum of $19,086 per month for each ticketing unit and associated loadingbridge gate so assigned. Such assignment shall not include any specificseating areas, but shall include the right for assignee's passengers touse any of the common seating areas in said second level. The AirportGeneral Manager shall have the right to secondarily assign any suchticketing unit and associated loading bridge gate to another AirlineOperator, provided that such secondary assignee's use of said ticketing

32358 20

unit and associated loading bridge gate does not unreasonably interferewith the use of the preferential assignee. The fees for secondary useshall be as follows:

a. Based Tenant Operator with Holdroom - (i) Except asotherwise provided in subsection (ii) below, Based Tenant Operators thatare assigned the use of a ticketing unit and associated loading bridgegate and are listed in the Official Airline Guide as providing scheduledservice to and from the Airport shall pay the following charge:

Holdroom and Loading Bridge Charge - $114.40 per enplaningoperation.

(ii) Effective April 1, 2001, if an Airline Operatordescribed in subsection (i) above has not signed and returned the Port'sSpace/Use Permit covering its space in the Terminal Buildings, and doesnot sign and return such Space/Use Permit within 60 days after itsreceipt of such Space/Use Permit, then commencing on the 61st day afterAirline Operator's receipt of such Space/Use Permit, and ending on thedate the Port receives the Space/Use Permit signed by such AirlineOperator, the charge to such Airline Operator under subsection (i) aboveshall be increased to $143.00 per enplaning operation.

b. Based Tenant Operator without Holdroom - (i) Except asotherwise provided in subsection (ii) below, Based Tenant Operators whoare not assigned the use of a ticketing unit and associated loadingbridge gate and are listed in the Official Airline Guide as providingscheduled service to and from the Airport shall pay the followingcharge:

Holdroom and Loading Bridge Charge - $0.88 per enplaningpassenger.

(ii) Effective April 1, 2001, if an Airline Operatordescribed in subsection (i) above has not signed and returned the Port'sSpace/Use Permit covering its right to use space in the TerminalBuildings, and does not sign and return such Space/Use Permit within 60days after its receipt of such Space/Use Permit, then commencing on the61st day after Airline Operator's receipt of such Space/Use Permit, andending on the date the Port receives the Space/Use Permit signed by suchAirline Operator, the charge to such Airline Operator under subsection(i) above shall be increased to $1.10 per enplaning passenger.

c. Affiliated Operator - (i) Except as otherwise providedin subsection (ii) below, Airline Operators who are affiliated with aBased Tenant Operator and are listed in the Official Airline Guide asproviding scheduled service to and from the Airport shall pay thefollowing charge:

Holdroom and Loading Bridge Charge - $0.88 per enplaningpassenger.

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(ii) Effective April 1, 2001, if an Airline Operatordescribed in subsection (i) above has not signed and returned the Port'sSpace/Use Permit covering its space in the Terminal Buildings, and doesnot sign and return such Space/Use Permit within 60 days after itsreceipt of such Space/Use Permit, then commencing on the 61st day afterAirline Operator's receipt of such Space/Use Permit, and ending on thedate the Port receives the Space/Use Permit signed by such AirlineOperator, the charge to such Airline Operator under subsection (i) aboveshall be increased to $1.10 per enplaning passenger.

d. Affiliated Operator using Small Aircraft (i) Except asotherwise provided in subsection (ii) below, Airline Operators who areaffiliated with a Based Tenant Operator and are listed in the OfficialGuide as providing scheduled service to and from the Airport utilizingAircraft that are too small to be serviced with a loading bridgeprovided by the Port shall pay the following charge:

Holdroom Charge - $0.77 per enplaning passenger.

(ii) Effective April 1, 2001, if an Airline Operatordescribed in subsection (i) above has not signed and returned the Port'sSpace/Use Permit covering its right to use space in the TerminalBuildings, and does not sign and return such Space/Use Permit within 60days after its receipt of such Space/Use Permit, then commencing on the61st day after Airline Operator's receipt of such Space/Use Permit, andending on the date the Port receives the Space/Use Permit signed by suchAirline Operator, the charge to such Airline Operator under subsection(i) above shall be increased to $0.96 per enplaning passenger.

e. Non-Based, Non-Tenant Operator - Airline Operators who arenot a Based Tenant Operator and are not listed in the Official AirlineGuide as providing scheduled service to and from the Airport shall paythe following charge:

Terminal Use FeeHoldroom & Loading

Bridge ChargeSecurity FeeBaggage Claim Area

$1.35 per enplaning passenger

$1.10 per enplaning passenger$40.00 per enplaning passenger$.65 per deplaning passenger

f. Non-Terminal Operator - Airline Operators who do not usethe Terminal Buildings and are not subject to the Airplane OperatorSecurity requirements of 14 CFR 108 for domestic operators or 14 CFR 129for foreign air carriers and foreign operators of U.S. registeredAircraft shall not be assessed a secondary use charge.

In the event a preferential assignee is unable to use theticketing unit and loading bridge gate preferentially assigned to it byreason of the gate being temporarily inoperable, and if in such eventsaid preferential assignee is required to use another ticketing unit and

32358 22

loading bridge gate in said second level of Building M-103 and BuildingM-130, said preferential assignee shall not be assessed an additionalsecondary use fee for such use.

For the purpose of this Section 10.10, a preferentialassignment shall give the assignee the right to a preferentialnonexclusive use of a certain ticketing unit and associated loadingbridge gate in the said second level of the Airport Terminal FingerBuilding (M-103) and Terminal II (M-130) on a month-to- month basis,together with the right to utilize for its passengers using said unitand gate, the common seating areas in said second level. For thepurposes of this Section 10.10, a secondary assignment shall give theassignee the right to secondary use of a certain ticketing unit andloading bridge gate in said second level for a period specified, suchright being subordinate to the prior rights of the preferentialassignee, together with the right to utilize for its passengers usingsaid unit and gate, the common seating areas in said second level.Except as hereinabove specifically provided, secondary assignments ofsaid second level ticketing units and loading bridge gates shall notmake the Airline Operator receiving such secondary assignments a BasedTenant Operator.

Section 10.11. Airline Operators who use the second levelloading bridge gates hereinabove described in Section 10.10 and who use400HZ ground power associated with said loading bridges shall pay to thePort each month for the use of said ground power the Airline Operator'sproportionate share of the total month's electrical charges for saidground power units. Each said Airline Operatcr's proportionate share ofsaid total sum shall be determined by the total gross landing weight ofsaid Airline Operator's aircraft at the Airport for said month inproportion to the total gross landing weights of the Aircraft at theAirport for said month of all Airline Operators using said second levelloading bridge ground power.

Section 11. Airline Operators, and other Persons with theconsent of the Airport General Manager, may use the dial telephonecommunication system installed by the Port in the Terminal Buildings.For such privilege each user shall pay to the Port each month in advancea sum equal to $5.00 multiplied by the number of main telephones it hasconnected to said system. Said system is designed to provide a servicewithin and upon the Airport, but not to areas and locations outside theAirport.

Section 12. Except as otherwise provided in Port OrdinanceNo. 3576, which established fees for Taxicabs (as defined in thatOrdinance), and except as otherwise provided in any ordinance oramendment to ordinance adopted by the Port after April 1, 2001, toestablish rules and regulations for the conduct of ground transportation(other than Taxicabs) at the Airport, the following fees and chargeshereby are established for the right to use of the Airport by thefollowing described operators who operate vehicles upon the Airport foraccess to Airport passengers or other persons upon the Airport in

32358 23

connection with said operators'activities:

Off-Airport Parking Lot Operators:

Off-Airport Rent-a-Car Companiesmaking less than 1,200 vehicletrips per month:

Off-Airport Rent-a-Car Companiesmaking 1,200 or more vehicletrips per month:

Ground Transportation Operators ofVans, Minibuses or Buses:

Ground Transportation Operators ofLuxury Limousines:

Hotel Operated Courtesy ShuttleVehicles:

hereinafter described business

$50 per vehicle transponder fee and$1.00 per on Airport vehicle trip


$50 per vehicle transponder fee andthe greater of (i) $1.00 per onAirport vehicle trip or (ii) 8.5% ofmonthly gross revenue (as definedbelow)


$75 per vehicle annual permit fee upto 5 vehicles and $400 annual permitfee for 6 or more vehicles

$50 per vehicle transponder fee and$.50 per on Airport vehicle trip

Airport Tenant-Operated CourtesyShuttle Vehicle: $50.00 per vehicle transponder and

$.50 per vehicle trip

Effective July 1, 2001, for the right to use theAirport for access to Airport employees and other persons at theAirport, during times and from locations authorized by the Director,each mobile food caterer selling food or beverages at the Airport shallpay to the Port a minimum monthly fee per catering vehicle doingbusiness at the Airport, as established by the Director. Such fee shallbe uniform for all such caterers at the Airport, and shall not be lessthan $250 per month per vehicle nor more than $500 per month pervehicle, unless otherwise approved by the Port.

For purposes of the fees and charges set forth abovefor Off-Airport Rent-A-Car Companies making 1,200 or more vehicle tripsper month, "gross revenue" shall be defined as all charges made orrevenue received by the Off-Airport Rent-A-Car Company from theoperation of its automobile rental business upon the premises from whichthe vehicle trip to the Airport originates, but shall not include sumsrecovered from insurance or otherwise for damage to automobiles or other

32358 24

property of such Company, nor for the loss, conversion or abandonment ofsuch automobiles or other property, nor any amounts paid by customers ofsuch Company separately billed as additional charges for waiver by suchCompany of its rights to recover damages from its customers for damagesto or destruction of the vehicle rented, nor any tax levied by anycompetent governmental authority which is separately stated andcollected from such Company's customers, and, except as set forth above,"gross revenue" also shall include all charges made or revenue receivedby such Company on automobiles which are rented at or taken by customerfrom such premises regardless of what station or establishment of suchCompany may receive the automobile upon its return by the customer, orthe rental therefor.

Off-airport Rent-a-Car Companies which make 1,200 ormore vehicle trips per month also shall be required to report monthlygross revenue, as defined above, to the Port on a monthly basis, suchreport to be received by the Port no later than 30 days following theend of each calendar month, and the amount of such monthly gross revenueshall be subject to audit by the Port upon such terms and conditions asmay be established by the Director or his designee. All recordsrelating to such gross revenues shall be maintained by each Off-AirportRent-A-Car Company for a minimum of three years.

Section 13. No Person shall deliver Aviation Fuel to, ordispense such fuel from, at or upon, the Airport without a permit fromthe Port.

Upon securing the prior written consent of the AirportGeneral Manager, a Contract Account may secure Aviation Fuel upon theAirport from bulk storage facilities on the Airport constructed andmaintained by the Oakland Fuel Facilities Corporation, such ContractAccount or from an oil company authorized by the Port to do businessupon the Airport. Except as hereinafter provided, such fuel may bedelivered upon the Airport only to or from Aircraft or other mobileequipment operated by such Contract Account with its personnel makingsuch deliveries, by personnel or designees of the Oakland FuelFacilities Corporation, or by others to the extent authorized by writtenagreements with the Port. Deliveries of any Aviation Fuel may not bemade by a Contract Account to any other Persoil, to engine test cells orother devices for testing Aircraft engines or to any Aircraft other thanAircraft operated by such Contract Account in or upon the Airportwithout special permission of the Airport General Manager and then onlyupon payment to the Port of an amount equal to the charge assessed bySection 16 hereof.

Section 14. Upon securing prior consent of the Port, oilcompanies otherwise authorized to make deliveries of Aviation Fuel tothe Airport may make deliveries of Aviation Fuel directly to tenants ofthe Port upon the Airport when such fuel is used in engine test stands,or for similar uses, and not inflight operations.

32358 25

Section 15. Unless otherwise provided by a written agreementbetween the Port and a Contract Account or an Airline Operator, thecharge for each hydrant system delivery of Aviation Fuel to a ContractAccount or to an Airline Operator of Aviation Fuel owned by the AirlineOperator is $0.0328 per gallon for each gallon delivered to Airlinemembers of the Oakland Fuel Facilities Corporation, hereinafter referredto as the "Fueling Consortium," or $0.0850 per gallon for each gallondelivered to non-members of the Fueling Consortium. This delivery chargeis levied against and is payable by the oil company whose product is sodelivered, or in the North Field, by the Holder of Primary FuelingPrivileges or other party to whom the Port has granted the right to fuelAircraft in the North Field; or the Holder of Primary Fueling Privilegesor other party to whom the Port has granted the right to fuel Aircraftin the North Field, as applicable.

Section 16. Except as otherwise provided by a writtenagreement with the Port, for the right, privilege and concession ofmaking deliveries and of all types of Aviation Fuel and other fuel,including but not limited to automobile gasoline from off the Airport,to any person or location to, at or upon the Airport other than to acentral fuel service stand provided by the Port or to a bulk storageplant of an oil company on the Airport, there is levied against each oilcompany or any other person, including specifically the United StatesGovernment or any department or agency thereof, making such deliveries acharge of $0.0450 per gallon for each gallon of fuel so delivered to aConsumer Account, a charge of $.14 per gallon or the same payment pergallon as the Port is currently receiving from the holder or holders ofprimary fueling privileges, whichever is greater, for each gallon ofAviation Fuel so delivered to other than a Consumer Account and a chargeof $.01 per gallon for each gallon of automotive gasoline (includingautomotive fuel used in ground equipment) so delivered. Notwithstandingthe provisions of this Section 16 hereinabove set forth, the charge forself deliveries of Aviation Fuel to other than Contract Accounts on theAirport shall be $0.15 per gallon for each gallon of Aviation Fuel soself delivered.

Section 17. All services rendered Airline Operators are tobe paid before Aircraft can be cleared from the Airport unless creditterms have been approved. An Airline Operator who has been extendedcredit terms shall file with the Airport, not later than 10 calendardays after the end of each month, a written report on the form(s)provided by the Port for flight activity conducted by said AirlineOperator during the month which affects the rates, fees and chargesimposed at the Airport. Airline Operator shall pay such charges formonthly activities upon receipt of invoice(s). Such charges areconsidered past due 30 days after the invoice date. Monthly spacerentals and storage fees are payable in advance and are past due afterthe 10th of the month, unless otherwise stated in the occupancyagreement.

32358 26

Section 18.

a. Except as provided in a written agreement between thePort and an Airline Operator, an Airline Operator who does not lease orlicense space from the Port in the Terminal Buildings for accommodationof passengers and who has been extended credit terms, shall file withthe Airport, not later than 10 calendar days after the end of eachmonth, a written report on the form(s) provided by the Airport forflight and related activity during the month conducted by said AirlineOperator which affects the rates, fees and charges imposed at theAirport. Said Airline Operator shall pay the charges for its monthlyactivities upon receipt of the Port invoice(s) for said charges.Charges are considered past due if they remain unpaid after 30 calendardays from the invoice date and are subject to a delinquency charge equalto five one-hundredths of one percent (.05%) of said charges for eachday said charges are past due, but not to exceed the maximum interestrate permitted by law.

b. In the event said Airline Operator described in Subsectiona. shall fail to submit its said written report to the Airport by thetenth day of a calendar month, then except as otherwise provided in thewritten agreement between the Port and the Airline Operator, the Portshall invoice Airline Operator based upon one hundred ten percent (110%)of the previous month's billed activity, or in the event the AirlineOperator had no previous month's billed activity, then the Port shallinvoice Airline Operator based upon one hundred ten percent (110%) ofits scheduled activity for the reporting month. Upon the Airport'sreceipt of the written report, the Port will reconcile any estimatedbillings to the actual billings due the Port, and Airline Operator shallpay any additional amount owed the Port promptly after receipt of Port'sinvoice, together with all applicable interest and penalty measured fromthe date such payment would have been due if Airline Operator had timelysubmitted its written report to Port.

c. Fixed rentals and fees of said Airline Operator thatremain unpaid after the 10th of the month in which the charges areincurred shall be subject to a delinquency charge of $25.00 plus a sumequal to five one-hundredths of one percent (.05%) of said charge, butnot to exceed the maximum interest rate permitted by law, for each dayfrom the date such charge became due and payable until payment of suchcharge has been received by the Port.

Section 19. In addition to other remedies provided by law,the charges herein established shall become a lien upon the respectiveAircraft incurring any of them. Such liens shall be of a character andenforced in the manner prescribed by the general law of the State ofCalifornia. No person shall remove any Aircraft to which is attachedany such lien unless the Airport General Manager shall give writtenpermission therefor. Whenever, in any specific instance, it may bedeemed proper or expedient, the Port or the Director may, in writing,authorize a temporary deviation from or elimination of the rates,charges or tolls herein provided for.

32358 27

Section 20. The making of any assignment of facilities underthis ordinance, and the use and operation of the said facilities by theassignee or user, shall be subject to the condition that the Port andits officers, agents and employees, shall not be liable for any injuryto or death of any person or persons or damages to property of any kindwhatsoever, whether the person or property of the assignee or otheruser, its agents or employees, or third person, from any cause or causeswhatsoever, including the negligence of the Port or its employees,agents or contractors, while in, on or about the said facilities, orequipment, or while using, operating or in custody or control of thesaid facilities, during the term of such assignment or use, oroccasioned by any use or operation of said facilities or any activitycarried on by the assignee or user in connection therewith, and that theassignee or user will indemnify, defend and save harmless the Port, itsofficers, agents or employees from all liabilities, charges, expenses(including counsel fees) and costs on account of or by reason of anysuch injury, death, claim, suit or loss however occurring or damagesgrowing out of the same. Assignee's or user's said obligations shallnot apply where the injury, death, claim, suit or loss was caused solelyby the willful misconduct of the Port but shall apply under all othercircumstances regardless of responsibility for negligence. In carryingout its obligations under this Section 20, the assignee or user will usedefense counsel reasonably acceptable to the Port Attorney.

Section 21. Passenger Facility Charges.

a. This Section establishes and imposes a Passenger FacilityCharge ("PFC") under the authority of Section 9110 of the AviationSafety and Capacity Expansion Act of 1990, 49 U.S.C. App. §1513 ("theAct"), the federal regulations implementing the Act, including theregulations at Title 14, Code of Federal Regulations, Part 158 ("theFederal Regulations"), and the specific authority granted to the Port bythe Administrator of the FAA. Unless this Section otherwise provides,the terms and phrases used in this Section shall be defined andinterpreted as those terms and phrases are defined and interpreted inand under the Act and/or the Federal Regulations.

b. There is hereby established and imposed, commencingSeptember 1, 1992 (which is the charge effective date under the FederalRegulations), a PFC of $3.00 on each ticket issued on or after thecharge effective date for each passenger enplaned at the Airport. Eachcarrier who is defined as a collecting carrier under the Act and/or theFederal Regulations shall collect and handle the PFC, and shall remitthe PFC to the Port, in accordance with the provisions of the Act andthe Federal Regulations. Notwithstanding th': , foregoing provisions ofthis subsection b, (1) no passenger enplaned, or carrier, who is exemptrespectively from paying or collecting a PFC under the Act or theFederal Regulations, shall be required to pay or collect a PFC underthis Section, and (2) no passenger enplaned by an air taxi commercialoperator who is required to file FAA form 1800-31 is required to pay,and no such air taxi commercial operator is obligated to collect from

32358

28

such passenger, a PFC. In each case that the Act and/or the FederalRegulations authorize collection, handling or remittance of a PFC byalternate provisions with the agreement of the public agency, the Port'sExecutive Director or the Director are hereby authorized for and onbehalf of the Port to make such agreement, provided that the agreementis in writing signed by each party to the agreement and is approved asto form and legality by the Port Attorney.

c. ( 1) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated June 26, 1992 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeSeptember 1, 1993 (which is the estimated charge expiration date underthe Federal Regulations), or before such other date as may be specifiedin writing by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

(2) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated February 23, 1994 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeApril 30, 1995 (which is the estimated charge expiration date under theFederal Regulations), or before such other date as may be specified inwriting by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

( 3 ) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated December 23, 1994 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeAugust 30, 1996 (which is the estimated charge expiration date under theFederal Regulations), or before such other date as may be specified inwriting by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

(4) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated January 2, 1996 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeSeptember 30, 1996 (which is the estimated charge expiration date underthe Federal Regulations), or before such other date as may be specifiedin writing by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

(5) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated July 23, 1996 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeJanuary 31, 1996 (which is the estimated charge expiration date underthe Federal Regulations), or before such other date as may be specifiedin writing by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

32358 29

(6) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated April 30, 1997 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeJuly 1, 1999, (which is the estimated charge expiration date under theFederal Regulations), or before such other date as may be specified inwriting by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

(7) The PFC established pursuant to Section 21,subsections (c)(2), (4) and (5), respectively, in each case shall beincreased by 15%, and such PFC shall be paid and collected on eachticket issued on or after the respective charge effective dates andissued before the respective charge expiration dates (based upon whensuch increased amounts have been met), or before such other date as maybe specified in writing by the Port or the FAA in accordance with theAct and/or the Regulations.

(8) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated June 18, 1999 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeSeptember 1, 1999, (which is the estimated charge expiration date underthe Federal Regulations), or before such other date as may be specifiedin writing by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

(9) The PFC established pursuant to this Section forthe projects approved by the FAA by letter dated March 17, 2000 andaccompanying Record of Decision shall be paid and collected on eachticket issued on or after the charge effective date and issued beforeFebruary 28, 2003 (which is the estimated charge expiration date underthe Federal Regulations), or before such other date as may be specifiedin writing by the Port or the FAA in accordance with the Act and/or theFederal Regulations.

d. A carrier who does not remit a PFC to the Port within thetime required by the Act and/or the Federal Regulations shall be subjectto a delinquency charge of $25.00 plus a sum equal to five one-hundredths of one percent (.05%) of said PFC, but not to exceed themaximum interest rate permitted by law, for each day from the date suchPFC became due and payable until remittance of such PFC has been made tothe Port.

e. The PFC established pursuant to this Section shall not bepaid and collected on any passenger enplaning at the Airport in anyinstance where the passenger did not pay for the air transportationwhich resulted in such enplanement, including any case in which thepassenger obtained the ticket for the air transportation with a frequentflyer award coupon and similar bonus award programs, within the meaning

32358 30


None

of Section 333 of the Department of Transportation Appropriations Actfor Fiscal Year 1994 and 14 Code of Federal Regulations Part 158,including without limitation all Notices of the Federal AviationAdministration thereunder.

Section 22. Port Ordinance No. 1149 (Revised) hereby isrepealed.

Section 23. This Ordinance shall be effective April 3, 2001.

In Board of Port Commissioners, Oakland, California, March 20,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribeand President Kramer - 7. Noes: None. Absent: None.


Adopted at a regular meeting held April 3, 2001



Noes:

Absent:

President.

Attest

Secretary.

Apitirtri.;ed'as t i form and legality

Port Attorney

32358 31


CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCUMENTS TO EAST BAYMUNICIPAL UTILITY DISTRICT (EBMUD) FOR UTILITYFACILITIES ADJACENT TO MIDDLE HARBOR ROAD.


Section 1. The Board of Port Commissioners ("Board") herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board and deliver to EAST BAY MUNICIPAL UTILITY DISTRICT("EBMUD"), an easement and related documents, for relocation ofEBMUD's utility facilities from dedicated Middle Harbor Road to theproposed new Port-constructed non-dedicated portions of Middle HarborRoad located southerly of dedicated Middle Harbor Road, in order forthe Port to construct and operate new railroad tracks in the dedicatedportion of Middle Harbor Road; subject, however, to the conditionsthat EBMUD must relocate its facilities from the easement premises atEBMUD's costs if in the future the Board determines that relocation isnecessary for a Port project, all in accordance with Agenda Sheet ItemNo. 26S dated March 20, 2000. Said easements and related documentsshall contain such terms and conditions as the Executive Director orPort Attorney may determine necessary in order to protect theinterests of the Port.

Section 2. This ordinance is not evidence of and does notcreate or constitute (a) a contract or the grant of any right,entitlement or property interest or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said easement inaccordance with the terms of this ordinance. Unless and until aseparate written easement and related documents are duly executed onbehalf of the Board as authorized by this ordinance, are signed asapproved as to form and legality by the Port Attorney and aredelivered to EBMUD, there shall be no valid or effective easement orsuch other documents.

132325


In Board of Port Commissioners, Oakland, California, March 20,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Uribe andPresident Kramer - 6. Noes: None. Absent: Commissioner Tagami - 1.


Adopted at a regular meeting held April 3 , 2001



Noes: None

Absent: None

President.Af

AttestSecretary.

Appro ed as to form and legality:

Port Attorney

232325


Legal No. 2032892


ORDINANCE APPROVING AND AUTHO-RIZING EXECUTION AND DELIVERY OFEASEMENT DOCUMENTS TO EAST BAYMUNICIPAL UTILITY DISTRICT(EBMUID)FOR UTILITY FACILITIES ADJACENT TOMIDDLE HARBOR ROAD.

BE IT . ORDAINED by the Board of PortCommissioners ("Board") of the City of Oak-land as follows:

SECTION 1. The Board of Port Commis-sioners ("Board") hereby approves and au-thorizes the Executive Director to execute forand on behalf of the Board and deliver toEAST BAY MUNICIPAL UTILITY DISTRICT("EBMUD"), an easement and related docuimerits, for relocation of EBMUD's utility facili-ties from dedicated Middle Harbor Road tothe proposed new Port-constructed non-ded-icated portions of Middle Harbor Road lo-cated southerly of dedicated Middle HarborRoad, in order for the Port to construct andoperate new railroad tracks in the dedicatedportion of Middle Harbor Road; subject, how-ever, to the conditions that EBMUD must re-locate Its facilities from the easement pre-mises at EBMUD's costs if in the future theBoard determines that relocation is neces-sary for a Port project, all in accordance withAgenda Sheet Item No. 265. dated March 20,2000. Said easements and related docu-ments shall contain such terms and condi-tions as the Executive Director or Port At-torney may determine necessary in order toprotect the Interests of the port.

Section 2. This ordinance is not evidenceof and does not create or constitute (a) acontract or the grant of any right, entitlementor property interest or (b) any obligation or Ii-ability on the part of the Board or any officeror employee of the Board. This ordinance ap-proves and authorizes the execution of saideasement in accordance with the terms ofthis ordinance. Unless and until a separatewritten easement and related documents areduly executed on behalf of the Board as au-thorized by this ordinance, are signed as ap-proved as to form and legality by-the Port At-torney and are delivered to EBMUD, thereshall be no valid or effective easement orsuch other documents.

Section 3. This ordinance shall take effectthirty (30) days from and after its final adop-tion •

•In Board of Port Commissioners, Oakland,

Califomia, March 20, 2001. Passed to print,for one day by the following vote: Ayes: com-missioners Ayers-Johnson (Gang, Protopa-ppas, Scates, Ube and President Kramer -E. Noes:, None. Absent CommissionerTagami - 1.

CHRISTOPHER C. MARSHALLSecretary of the Board

Oakland Tribune #2032892March 29, 2001


In the matter of:



That the

PUBLIC NOTICE


MARCH 29, 2001



ORIGINALThe &Aland Tribune

The Ouwiland Tribune ORIGINAL


Legal No. 2032892


In the matter of:



That the

PUBLIC NOTICE


MARCH 29, 2001




CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCUMENTS TO ALAMEDA POWERAND TELECOM.


Section 1. The Board of Port Commissioners ("Board") herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board and deliver to ALAMEDA POWER AND TELECOM("Alameda"), the following:

(1) A Non-exclusive Easement for undergroundtelecommunications along the Airport Roadway Project alignment for aterm of thirty (30) years with three 10-year mutual renewal options,commencing upon the date of the Port's delivery of the notice toproceed to Alameda, and as more fully described in Agenda Sheet ItemNo. 3S, dated March 20, 2001 (the "Agenda Sheet");

(2) A Non-exclusive Easement for underground electricalpower transmission along the Airport Roadway Project alignment for aterm of thirty (30) years with three 10-year mutual renewal options,commencing upon the date of the Port's delivery of the notice toproceed to Alameda, and as more fully described in the Agenda Sheet;

( 3) Such other agreements as the Executive Director andthe Port Attorney deem necessary or desirable to implement thisordinance;

Said easements and additional agreements shall contain such terms andconditions as the Executive Director or Port Attorney may determinenecessary in order to protect the interests of the Port.

Section 2. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act (CEQA) andthe Port CEQA Guidelines pursuant to Class 1 of Guidelines Section15301(p).

132329

Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract or the grant of any right,entitlement or property interest or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said agreements andeasements in accordance with the terms of this ordinance. Unless anduntil separate written agreements and easements are duly executed onbehalf of the Board as authorized by this ordinance, are signed andapproved as to form and legality by the Port Attorney and aredelivered to Alameda, there shall be no valid or effective agreementsand easements.








Noes: None

Absent: None

President.

AttestSecretary.

Approved as tolorm and ality :

Port Attorney

232329

The L.land TribuneORIGINAL


Legal No. 2033215


ORDINANCE APPROVING AND AUTHO-RIZING EXECUTION AND DELIVERY OFEASEMENT DOCUMENTS TO ALAMEDAPOWER AND TELECOM.

BE IT . ORDAINED by the Board of PortCommissioners ("Board") of the City of Oak-land as follows:

Section 1. The Board of Port Commis-sioners ("Board") hereby approves and au-thorizes the Executive Director to execute forand on behalf of the Board and deliver toALAMEDA POWER AND TELECOM("Alameda"), the following:

(1) A Non-exclusive Easement for under-ground telecommunications along the AirportRoadway Project alignment for a term ofthirty (30) years with three 10-year mutual re-newal options, commencing upon the date ofthe Port s delivery of the notice to proceed toAlameda, and as more fully described inAgenda Sheet Item No. 3S, dated March 20,2001 (the ''Agenda Sheet")'

(2) A Non-exclusive Easement for under-ground electrical power transmission alongthe Airport Roadway Project alignment for aterm of thirty (30) years with three 10-yearmutual renewal options, commencing uponthe date of the Port's delivery of the notice toproceed to Alameda, and as mere fully de-scribed in the Agenda Sheet;

(3) Such other agreements as the Execu-tive Director and the Port Attorney deem nec-essary or desirable to implement this ordi-nance;

Said easements and additional agree-ments shall contain such terms and condi-tions as the Executive Director of Port At-torney may determine necessary in order toprotect the interests of the Port.

Section 2. The Board hereby finds and de-termines that his project has been deter-mined to be categorically exempt from re-

uirements of the California EnvironmentalQ uality Act (CEPA) and the Port CEOAGuidelines pursuant to Class 1 of GuidelinesSection 15301 (p).Section 3. This ordinance is not evidence ofand does not create or constitute (a) a con-tract or the grant of any right, entitlement orproperty interest or (b) any obligation or lia-bility on the part of the Board or any officer oremployee of the Board. This ordinance ap-proves and authorizes the execution of saidagreements and easements in accordancewith the terms of this ordinance. Unless anduntil separate written agreements and ease-ments are duly executed on behalf of theBoard as authorized by this ordinance, aresigned and approved as to form and legalityby the Port Attorney and are delivered toAlameda, there shall be no valid or effectiveagreements and easements.

Section 4. This ordinance shall take effectthirty (30) days from and after its final adop-tion

In Board of Port Commissioners, Oakland,California, March 20, 2001. Passed to printfor one day by the following vote: Ayes: com-missioners Ayers-Johnson, Kiang, Protopa-ppas, Scales, Uribe and President Kramer -6. Noes: None. Absent CommissionerTagami - 1.

CHRISTOPHER C. MARSHALLSecretary of the Board

MO land Tribune #2033215March 29, 2001


In the matter of:




That the

PUBLIC NOTICE


MARCH 29, 2001


The ILitland Tribune ORIGINAL


Legal No. 2033215


In the matter of:



That the

PUBLIC NOTICE


MARCH 29, 2001




CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCUMENTS TO PACIFIC GAS &ELECTRIC COMPANY.


Section 1. The Board of Port Commissioners ("Board") herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board and deliver to PACIFIC GAS & ELECTRIC COMPANY("PG&E"), a California corporation, an easement to replace an existingperpetual easement for relocation of PG&E's six-inch natural gaspipeline as a part of the Port's Airport Roadway Project; all inaccordance with Board Agenda Sheet Item No. 2S dated March 20, 2001.Said easement shall contain such terms and conditions as the Executive

the interests of the Port.

Section 2. This ordinance is not evidence of and does notcreate or constitute (a) a contract or the grant of any right,entitlement or property interest or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said easement inaccordance with the terms of this ordinance. Unless and until aseparate written easement is duly executed on behalf of the Board asauthorized by this ordinance, is signed and approved as to form andlegality by the Port Attorney and is delivered to PGE, there shall beno valid or effective easement.

32322


None

None

Noes:

Absent :






Ayes:

Commissioners Ayers-Johnson, Kiang, Protopappas,


Legal No. 2033099

PUBLIC NOTICEPORT ORDINANCE N0.3631

NA EXECUTIONANO AUTHO-APPROVINGNG EEND OF DELIVER•f-RIZIEASEMENT

DOCUMEA NTS TO PACIFICGAS & ELECTRiC COMPANY

BE a ORDAINED by the Board of Port

Commissioners (Board") of the City of Oak-

land as fOiloWs:Section

corpora

1. Tile Boa prd aof Port Commis-sioners ("Board") hereby proves and au-thorizes the Executive Director to execute forand on behalf ofhe

t Board and deliver to PA-

CIFIC GAS & ELECTFIIC COMPANY

("PG&E") a Californiation, an ease-

Meg )), vreZ s

tororva8sTirgclVneant

a a ley!;r4e4i all g 'Z.:Z:r

VABoard Etrida Sheet item No. 2S datedMarch 20, 2001.

Said easement shall containsuch terms and conditions as the ExecutiveDirector or Port Attorney maye d interest

etermine of nec-

essary in order to protect ayethe

Pod.Secti on 2. This ordinance is not evidenceof and does not create or constitute (a) a

contract or the grant of any right, entitlement

or property interest or (b) any obligation or li-

ability on the part of the Board or any officeror employee o th e Board. This ordinance ap-proves and authorizes

the execution of said

easement in accordance with the terms ofthis Ordinance. Unless and until a separate

written authorizedeasement is duly executed on behalf

of the Board asby this ordinance,

as to form and le-

galiV, by thehe Port Attornde

vai and is delivered tois signed and approve

PGE, there shall be no ViCi Or effective ease-

tion

merSection 3. This ordinance shall take effect

thirty (30) days from and after its final adop-

In Board of Port CoMMissloners, Oakland,California, March 20, 2001. Passed to print

for one day b they following vote.. Ayesi corn-

mppisassionseGarstesV:Jhnson, Kiang. Proiopa-

esUrri-be and President Krmer -

6 Noes: None. Absent Commissionera

-CHRISTOPHER C. MARSHALLSecr

T'agami - 1.etary of the Soard°Wend Tribune *2033009

March 29, 2001


In the matter of:



That the

PUBLIC NOTICE


MARCH 29, 2001



ORIGINAL'he 0 L.gland Tribune

The OL.Aland Tribune ORIGINAL

do ANG Newspapers1080 South Amphlett Blvd.San Mateo, CA 94402(650) 348-4467 Fax (650) 348-4459

Legal No. 2033099


In the matter of:


The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the SAN MATEO COUNTY TIMES anewspaper of general circulation as defined by Government CodeSection 6000 adjucated as suchby the Superior Court of the State of Califomia, County of San Mateo(Case No. 55795 September 21, 1951) which is published andcirculated in said county and state daily (Sunday excepted).

That the

PUBLIC NOTICE


MARCH 29, 2001


1Public Notice Advertising Clerk


CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO.1606 FORMULATING AND ESTABLISHINGCONDITIONS AND PROCEDURES FOR BIDDING,CONTRACTING AND PURCHASING.

WHEREAS, the manner in which the Board of PortCommissioners for the City of Oakland lets and administerscontracts for public works is a municipal affair; and

WHEREAS, the procedures set forth in Port Ordinance No.1606 are established for the benefit and protection of taxpayersand not to enrich bidders or those who contract with the Port ofOakland; and

WHEREAS, in 1989 the Board delegated to the ExecutiveuireoLor erne auLnoriLy Lo approve onally-e oruer WOEK onworks contracts for work not exceeding $35,000; and

WHEREAS, the passage of time and the commencement of publicworks contracts on a unprecedented scale have rendered thecurrent expenditure authority for change orders impractical; and

WHEREAS, a public works contract establishes the legalframework for the relationship between the Port and acontractor; now therefore:

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

Section 1. Section 5(i)(3) of Port Ordinance No. 1606shall be and the same is hereby amended to read in full asfollows:

31953

"SECTION 5. BID PROCEDURE.

"3. (i) New change order work approved or ratified bythe Board on public works contracts previously authorizedby the Board. Subject to the limitations of thissubdivision, the Executive Director may approve andexecute, without any requirement of further action by theBoard, any such change order work in accordance with theterms of the contract, provided that the aggregate value ofall change orders does not exceed 10% of the originalcontract amount. The Executive Director's authority underthis subdivision shall be subject to the followinglimitations. Any single change order on a contract of anyamount may be approved and executed for amounts notexceeding $250,000 or 10% of the original contract amount,whichever is less. In circumstances where application ofthe 10% limitation stated herein results in a limitation ofless than $50,000, with respect to either the single changeorder limit or the aggregate change order limit, theExecutive Director's authority shall be not less than$50,000. The Executive Director shall submit quarterlyreports to the Board of such approved change orders,including the amounts thereof and the reasons therefor.

(ii) When the aggregate value of executed changeorders on any single contract exceeds the limit set forthin Paragraph (i), above, the Board may delegate to theExecutive Director prospective authority to approve andexecute any additional change orders. The amount ofadditional change order authority granted pursuant to thisprovision shall not exceed $100,000 in any single meetingof the Board and shall be based on a finding that thePort's best interest is served thereby.

(iii) The Executive Director shall establishcomprehensive administrative procedures for the review,negotiation and approval of change orders with theobjective of maintaining prudent control of Port fundswithout unreasonably restricting the flexibility of Portproject managers. The subjects addressed by said policyshall include, but not be limited to, the relative approvalauthority for each level of project management staff,evaluation of the budget impact of proposed changes, theprocess for ensuring review of proposed change orders bythe Port Attorney prior to their execution, and approval by

n

31953

the Port Attorney as to the form and legality of changeorders.

(iv) Nothing herein shall limit the Board's power toapprove particular change orders for a defined scope ofwork, change in contract time or price, or other specificcontract term."

Section 2. This section shall be subject to reviewfive years from its effective date.

In Board of Port Commissioners, Oakland, California, March 6,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Protopappas, Scates, Tagami, Uribe andPresident Kramer - 6. Noes: None. Absent: Kiang - 1.


Adopted at a regular meeting held March 2 0 , 2 0 01


Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Kiang, Protopappas,Scates, Uribe and President Kramer - 6

None

Commissioner Tagami - 1

Port Attorney

31953

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


That the

PUBLIC NOTICE


MARCH 14, 2001



Tile L Jdand TribuneORIGINAL

c/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340 PUBLIC NOTICE

Legal No. 2020997POf IT ORDINANCE NO. 3630

AN ORDINANCE AMENDING PORT OR-DINANCE NO. 1606 FORMULATING ANDESTABLISHING CONDITIONS AND PRO-CEDURES FOR BIDDING, CONTRACTINGAND PURCHASING.

WHEREAS, the manner in which theBoard of Port Commissio-iers for the City ofOakland lets and administers contracts forpublic works is a municipal affair; and

WHEREAS, the procedures set forth inPort Ordinance No. 1606 are established forthe benefit and protection of taxpayers andnot to enrich bidders or those who contractwith the Port of Oakland; and

WHEREAS, in 1989 the Board delegatedto the Executive Director the authority to a p-prove change order work on public workscontracts for work not exceeding $35,000;and

WHEREAS, the passage of time and thecommencement of public works contracts ona unprecedented scale have rendered thecurrent expenditure authority for change or-ders impractical; and

WHEREAS, a public works contract estab-lishes the legal framework for the relationshipbetween the Port and a contractor; nowtherefore:

BE IT ORDAINED by the Board of PortCommissioners for the City of Oakland as fol-lows:

Section 1. Section 5(i)(3) of Port Ordi-nance No. 1606 shall be and the same ishereby amended to read in full as follows:

"SECTION 5 BID PROCEDURE."3. (i) New change order work approved

or ratified by the Board on public workscontracts previously authorized by theBoard. Subject to the limitations of this sub-division, the Executive D irector may approveand execute, without any requirement of fur-ther action by the Board, any such changeorder work in accordance with the terms ofthe contract, provided that the aggregatevalue of all change orders does not exceed10% of the original contract amount. The Ex-ecutive Director's authority under this subdi-vision shall be subject to the following limita-tions. Any single change order on a contractof any amount may be approved and exe-cuted for amounts not exceeding $250,000or 10% of the original contract amount,whichever is less. In circumstances whereapplication of the 10% limitation stated hereinresults in a limitation of less than $50,000,with respect to either the single change orderlimit or the aggregate change order limit, theExecutive Director's authority shall be notless than $50,000. The Executive Directorshall submit quarterly reports to the Board ofsuch approved change orders, including theamounts thereof and the reasons therefor.

(ii)When the aggregate value of executedchange orders on any single contract ex-ceeds the limit set forth in Paragraph (i),above, the Board may delegate to the Execu-tive Director prospective authority to approveand execute any additional change orders.The amount of additional change order au-thority granted pursuant to this provisionshall not exceed $100,000 in any singlemeeting of the Board and shall be based ona finding that the Port's best interest isserved thereby.

(iii) The Executive Director shall establishcomprehensive administrative procedures forthe review, negotiation and approval ofchange orders with the objective of main-taining prudent control of Port funds withoutunreasonably restricting the flexibility'of Portproject managers. The subjects addressedy said policy shall include but not be lim-

ited to, the relative approval authority foreach level of project management staff, eval-uation of the budget impact of proposedchanges, the process for ensuring review ofproposed change orders by the Port Attorneyprior to their execution, and approval by thePort Attorney as to the form and legality ofchange orders.

(iv) Nothing herein shall limit the Board'spower to approve particular change ordersfor a defined scope of work, change in con-tract time or price, or other specific contractterm."

Section 2. This section shall be subject toreview five years from its effective date.

In Board of Port Commissioners, Oakland,California, March 6, 2001. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Protopappas,Scates, Tagami, Uribe and President Kramer- 6. Noes: None. Absent: CommissionerKiang - 1.


The Oakland Tribune, #2020997March 14, 2001



In the matter of:

+.1alrewlirElshsddu]

cttCaaOamThthdsh4mea 1serfconthe;ohataintunr!pr

odeactuatMcharprop

KITchartiidpowfor a:tract,term;

reviei'In l

Callfoone dmissiiScatei- 6.Kiang

rl

The CAland TribuneORIGINAL

c/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 2020997


In the matter of:



That the

PUBLIC NOTICE


MARCH 14, 2001




CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF THIRD SUPPLEMENTAL AGREEMENTWITH EAST BAY HOTEL L.P.


Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and EAST BAY HOTELL.P., of up to approximately 1.5 acres of vacant land west of 1755Embarcadero Avenue, Oakland, California, to be used by Lessee forconstruction of an 81-room addition of the Embarcadero ExecutiveInn with adjacent parking and public access areas, and otherpurposes incidental and reasonably related thereto for a term of

Board Agenda Sheet Item No. 15, dated February 20, 2001, assubsequently may be revised pursuant to resolution or ordinanceadopted by this Board, and upon such standard terms and conditionsas specified in the Lease and approved by the Executive Director.

Section 2. The Board hereby finds and determines thatthis project has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act, Section15327 and the Port CEQA Guidelines pursuant to Class 1 ofGuidelines Section 15301(p).

Section 3. The Executive Director is hereby authorizedto execute said Agreement.

Section 4. This ordinance is not evidence of and doesnot create or constitute (a) a contract, Lease or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee ofthe Board. This ordinance approves and authorizes the executionof said Agreement in accordance with the terms of this ordinance.Unless and until a separate written Lease is duly executed onbehalf of the Board as authorized by this ordinance, is signed andapproved as to form and legality by the Port Attorney, and isdelivered to Lessee, there shall be no valid or effective Lease.

31768

AttestSecretary.


In Board of Port Commissioners, Oakland, California, February 20,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami, Uribeand President Kramer - 7. Noes: None. Absent: None.


Adopted at a regular meeting held March 6 , 2 0 01


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

None

Commissioner Kiang - 1

President.

Noes :

Absent:

ORIGINAL

The ILdand Tribunec/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 2011699


PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3629AN ORDINA.NCE APPROVING

AND AUTHORIZING THEEXECUTION OF THIRD

SUPPLEMENTAL AGREEMENTWITH EAST BAY HOTEL L.P.

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

tile CITY OF OAKLAND, a municipal corporation, acting by and •through the Board, and EASTBAY HOTEL L.P., of up to approximately 1.5 acres of vacant land west of 1755 EmbarcaderoAvenue, Oakland, California, to be used by Lessee for construction of an 81-room addition ofthe Embarcadero Executive Inn with adjacent parking and public access areas, and other pur*poses incidental and reasonably related thereto for a term of 60 years, and otherwise upon thaterms and conditions set forth in Board Agenda Sheet Item No. 15, dated February 20, 2001yas 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 thdExecutive Director.

Section 2. The Board hereby finds and determines that this project has been determined-t`be categorically exempt from requirements of the California Environmental Quality Act, Sectiori15327 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 Agreement. .„-ction 4. This ordinance is not evidence of and does not create or constitute (a) a tongLease or the grant of any right, entitlement or property interest, or (b) any obligation or 16on the part of the Board or any officer or employee of the Board. This ordinance 'ar:;4

pi eves and authorizes the execution of said Agreement in accordance with the terms of this ondinance. Unless and until a separate written Lease is duly executed on behalf of the Board asiauthorized 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 5. This ordinance shall take effect thirty (30) days from and after its final adoption.In Board of Port - Commissioners, Oakland, California, February 20. 2001. Passed to print f

one day by the

rfollowing vote: Ayes: Commissioners Ayers-Johnson, Kiang, ProtopappaScates, Tagami, Uribe and PresidentKramer - 7. Noes: None. Absent: None.


The Oakland Tribune #2011699February 28, 2001

In the matter of:



That the

PUBLIC NOTICE


FEBRUARY 28, 2001



The &Aland Tribune ORIGINAL


Legal No. 2011699


In the matter of:



That the

PUBLIC NOTICE

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

FEBRUARY 28, 2001




CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH SAMUEL FREDERICKSDOING BUSINESS AS SAMUEL'S GALLERY.


Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and SAMUELFREDERICKS doing business as SAMUEL'S GALLERY, of up toapproximately 2005 square feet space located at 70 FranklinStreet, Oakland, California, to be used by Lessee for retail saleof original African and African-American art, cards, prints,sculptures, carvings and framing, and other purposes incidentaland reasonably related thereto for a term of 5 years, with onethree year option to renew, and otherwise upon the terms andconditions set forth in Board Agenda Sheet Item No. 13, datedFebruary 20, 2001, as subsequently may be revised pursuant toresolution or ordinance adopted by this Board, and upon suchstandard terms and conditions as specified in the Lease andapproved by the Executive Director.

Section 2. The Board hereby finds and determines thatthis project has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act, Section15327 and the Port CEQA Guidelines pursuant to Class 1 ofGuidelines Section 15301(p).

Section 3. The Executive Director is hereby authorizedto execute said Lease.

Section 4. This ordinance is not evidence of and doesnot create or constitute (a) a contract, Lease or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board or any officer or employee ofthe Board. This ordinance approves and authorizes the executionof said Lease in accordance with the terms of this ordinance.Unless and until a separate written Lease is duly executed on

31753

behalf of the Board as authorized by this ordinance, is signed andapproved as to form and legality by the Port Attorney, and isdelivered to Lessee, there shall be no valid or effective Lease.




regular meeting held March 6 , 2001 0 01Adopted at a


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

Noes: None

Absent: Commissioner Kiang - 1

President.

AttestSecretary.

App and legality :

ORIGINAL

Mu* Oa'daub- Tribunirc/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 2011698


In the matter of:elitgiMetaRZUSUNEMEMINIESI. MA.11011111•11111J

PUBLIC NOTICE PUBLIC NOTICE PORT ORDINANCE NO. 3628AN ORDINANCE APPROVING

AND AUTHORIZINGTHE EXECUTION OF LEASEWITH SAMUEL FREDERICKS

DOING BUSINESS ASSAMUEL'S GALLERY.

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, andSAMUEL FREDERICKS doing business as SAMUEL'S GALLERY, of up to approximately 2005square feet space located at 70 Franklin Street, Oakland, California, to be used by Lessee for

ail. sale of original African and African-American art, cards, prints, sculptures, carvings andframing, and other purposes incidental and reasonably related thereto for a term of 5 yearswith one three year option to renew, and otherwise upon the terms and conditions set forth alBoard Agenda Sheet Item No. 13, dated February 20, 2001, as subsequently may be revisedpursuant to resolution or ordinance adopted by this Board, and upon such standard terms andconditions as specified in the Lease and approved by the Executive Director. ' --t ^ttion 2. The Board hereby finds and determines that this project has been determined•to

- .gorically exempt from requirements of the California Environmental Quality Act, SectionInd the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p),

..ction 3. The Executive Director is hereby authorized to execute said Lease.Section 4. This ordinance is not evidence of and does not create or constitute (a) a con-

tract, Lease or the grant of any right, entitlement or properly interest, or (b) any obligation or li-ability on the part of the Board or any officer or employee of the Board. This ordinance ap-proves and authorizes the execution of said Lease in accordance with the terms of this ordi-nance. Unless and until a separate written Lease is duly executed on behalf of the Board asauthorized 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 5. This ordinance shall take effect thirty (30) days from and after its final adoption.In Board of Port Commissioners, Oakland, California, February 20, 2001. Passed to print for

one day by the following' vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas.Spates, Tagami, Uribe and PresidentKramer - 7. Noes: None. Absent: None.


The Oakland Tribune #2011698February 28, 2001


PUBLIC NOTICE


FEBRUARY 28, 2001


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


That the


The- Oaklanb. TribuiwORIGINAL


Legal No. 2011698


In the matter of:



That the

PUBLIC NOTICE


FEBRUARY 28, 2001




CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TOCHANGE THE TITLES OF CERTAIN POSITIONS, TOAMEND SALARY SCHEDULE ASSIGNMENTS OF CERTAINPOSITIONS AND TO CREATE AN ADDITIONAL POSITIONOF SENIOR SECRETARY.


The following section of Port Ordinance No. 867 are herebyamended to read as follows:

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

8.061 11 Junior Civil Engineer 800

8.11 7 Junior Port Electrical/MechanicalEngineer 800

8.06 17 Assistant Civil Engineer 72

8.10 11 Assistant Port Electrical/MechanicalEngineer 831

8.05 15 Civil Engineer 860.2

8.03 8 Supervising Civil Engineer 893

31603

10.019 1

Airport Ground Transportation andParking Operations Specialist I

200.5

5.03 24 Senior Secretary 31



Adopted at a regular meeting held February 20, 2001


Ayes:

Noes:

Absent:

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

None

None

President.

AttestSecretary.

Appro ed as to legality :


CITY OF OAKLAND


AN ORDINANCE APPROVING ADDITIONALSIGNATORIES TO THE AIRLINE OPERATINGAGREEMENT AND SPACE/USE PERMIT ATMETROPOLITAN OAKLAND INTERNATIONALAIRPORT.


Section 1. The Executive Director is hereby authorized to enter into additionalindividual agreements with additional prospective airline carriers providing regularly scheduledservice at Metropolitan Oakland International Airport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in Agenda Sheet Item No. 4S dated February 6, 2001.

Section 2. The following additional scheduled airlines would enter into a StandardAirline Operating Agreement and Space/Use Permit:

Ryan International Airlines, Lineas Aereas Allegro S.A. de C.V.,SunTrips Airlines, Express.Net Airlines, Continental Airlines,JetBlue Airways, Kitty Hawk Air Cargo and TradeWinds Airlines.

Section 3. The following tenants would enter into a Space/Use Permit only:

AVSEC Services, Pedus Aviation Services, A.P. Enterprises,Cal-Air Aviation Services, GAT Airline Ground Support, TranspacificAviation Services, Stewart and Stevenson and Keiser & Associates.

Section 4. The Executive Director is authorized to convert all existing agreements withall of the above-listed airlines and tenants at MOIA to the standardized agreement and/orspace/use permit, with such terms and conditions as may be approved by the ExecutiveDirector and Port Attorney.

Section 5. The Board of Port Commissioners hereby finds and determines that basedon the information set forth in the Agenda Sheet, these projects have been determined to be

31564

categorically exempt from the requirements of the California Environmental Quality Act andthe 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) acontract or Lease, entitlement or property interest, or (b) any obligation or liability on the part ofthe Board or any officer or employee of the Board. This resolution approves and authorizes theexecution of an agreement or Lease in accordance with the terms of this resolution. Unless anduntil a separate written agreement is duly executed on behalf of the Board as authorized by thisresolution, is signed and approved as to form and legality by the Port Attorney, and is deliveredto other contracting party, there shall be no valid or effective agreement or Lease.



Adopted at a regular meeting held February 2 0 , 20 01



Noes: None

Absent: None

President.

Attest' Secretary.

Approved as to fOrin and legality :

Port Attorney

31564 -2-

The &Aland Tribune ORIGINAL

do ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 2002789


In the matter of:



That the

PUBLIC NOTICE


FEBRUARY 14, 2001



The 06...11and Tribunec/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 2002789


AN ORDINANCE APPROVING ADDI-TIONAL SIGNATORIES TO THE AIRLINEOPERATING AGREEMENT AND SPACE/USE PERMIT AT METROPOLITAN OAK-LAND INTERNATIONAL AIRPORT.


Section 1. The Executive Director ishereby authorized to enter into additional in-dividual agreements with additional pros pec-tive airline carriers providing regularly sched-uled service at Metropolitan Oakland Interna-tional Airport ("MOIA ') at 1 Airport Drive,Oakland, California, as mote fully set forth inAgenda Sheet Item No. 4S dated February 6, -2001.

Section 2. The-following additional sched-uled airlines would enter into a Standard Air-line Operating Agreement and Space UsePermit:

Ryan International Airlines. Li: Baas AereasAllegro S.A. de C.V. Sur .Trios Airlines , Ex-

ress.Net Airlines, Continental Airlines, Jet-lue Airways, Kitty Hawk Air Cargo and

TradeWinds Airlines.Section 3. The following tenants would

enter into a Space/Use Permit only'AVSEC Services, Pedus Aviation Services,

A.P. Enterprises, Cal-Air Aviation Services.GAT Airline Ground Support, TranspacificAviation Services, Stewart and Stevensonand Keiser & Associates.

Section 4. The Executive Director is autho-rized to convert all existing agreements withall of the above-listed airlines and tenants atMOIA to the standardized agreement and/or.space/use permit, with such terms and con-ditions as may be approved by the ExecutiveDirector and Port Attorney.

Section 5. The Board of Pert Commis-sioners hereby finds and determines thatbased on the information set forth in theAgenda Sheet, these projects have been de-termined to be categorically exempt from therequirements of the California EnvironmentalQuality Act and the Port CEQA Guidelinespursuant to Class 1 of Guidelines Section15301(p).

Section 6. This Ordinance is not evidenceof and does not create or constitute (a) acontract or Lease, entitlement or propert in-terest, or (b) any obligation or liability on

y the

part of the Board or any officer or employeeof the Board. This resolution approves andauthorizes the execution of an agreement ofLease in accordance with the terms of thisresolution. Unless and until a separatewritten agreement is duly executed on behalfof the Board as authorized by this resolution,is signed and approved as to form and le-

otherthe Port Attorney, and is delivered to

other contracting party, there shall be novalid or effective agreement or Lease.

In Board of Port Commissioners, Oakland,California Fcbroar ,r 6, 2001. Passed to printfor one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Pre ,topappas, States Tagami, Uribe and President Kramer - 7. Noes:TIone. Absent None


The Oakland Tribune, #2002789February 14, 2001

ORIGINAL


In the matter of:



That the

PUBLIC NOTICE


FEBRUARY 14, 2001




CITY OF OAKLAND


AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONSIN SUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASEAND SALE AGREEMENT WITH SIMEON COMMERCIAL PROPERTIESFOR THE PORT OF OAKLAND'S SALE OF AN APPROXIMATELY 23ACRE PARCEL OF LAND LOCATED AT 1-880 AND HEGENBERGERROAD.


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 anapproximately 23 acre site located at the corner of 1-880 andHegenberger Road.

Section 2. The Board hereby finds and determines asfollows:


(b) That the proposed sale of the Property complies withthe provisions of Section 5.13(b) of the Port's Master TrustIndenture, dated as of April 1, 1989, as amended (the"Indenture"), and does not, together with other transfersreferred to therein, constitute a Significant Portion of the Port(as defined in the Indenture). The Board hereby directs that theproceeds of such sale shall be deposited in the Port Revenue Fundand shall be used in accordance with the provisions of Section5.13 of the Indenture.

Section 3. Based upon the findings and determinations madein Section 2 hereof, the Board hereby approves and authorizes theExecutive Director to execute a Purchase and Sale Agreementbetween the Port and SIMEON COMMERCIAL PROPERTIES, ("Buyer") (the"Agreement") for the sale of the Property at a purchase price of$14,089,896.00, and as otherwise described in Agenda Sheet ItemNo. 12, dated January 23, 2001.

31377


None

None

Ayes:

Noes:

Absent:

Section 4. The Executive Director is authorized to executeand deliver a Grant Deed conveying the Property to Buyer and suchother documents as shall be required to carry out the intent ofthis ordinance, provided that such documents are approved as toform and legality by the Port Attorney.

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

Section 6. This ordinance is not evidence of and does notcreate or constitute (a) a contract, agreement or the grant ofany right, entitlement or property interest, or (b) anyobligation or liability on the part of the Board or any officeror employee of the Board. This ordinance does not obligate thePort to execute or deliver the Agreement or the Grant Deed toBuyer. This ordinance approves and authorizes the execution ofthe Agreement in accordance with the terms of this ordinance anddelivery of a Grant Deed. Unless and until a separate writtenAgreement is duly executed on behalf of the Board as authorizedby this ordinance, is signed and approved as to form and legalityby the Port Attorney, and is delivered to Buyer, there shall beno valid or effective Agreement.

Section 7. This ordinance shall take effect 30 days fromand after its final adoption.

In Board of Port Comildssioners, Oakland, California, January 23, 2001.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 February 6, 2001


The Outiland Tribunec/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 1992566

PUBLIC NOTICE PUBLIC NOTICEPORT ORDIANCE NO. 3625

AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OF,AND AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH SIMEONCOMMERCIAL PROPERTIES FOR THE PORT OF OAKLAND'S SALE OF AN APPROXIMATELY

23 ACRE PARCEL OF LAND LOCATED AT 1 .880 AND HEGENBERGER ROAD.BE IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as fel-lows:

Section 1. The land referred to in this ordinance as the "Property" is owned by the City ofOakland, is located within the "Port Area" of the City of Oakland and consists of an approxi-mately 23 acre site located at the corner of 1-880 and Hegenberger Road.

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 Port's Master Trust Indenture, dated as of April 1, 1989, as amended (the "Indenture"), anddoes not, together with other transfers referred to therein, constitute a Significant Portion of thePort (as defined in the Indenture). The Board hereby directs that the proceeds of such saleshall be deposited in the Port Revenue Fund and shall be used in accordance with the provi-sions of Section 5.13 of the indenture.

Section 3. Based upon the findings and determinations made in Section 2 hereof, theBoard hereby approves and authorizes the Executive Director to execute a Purchase and SaleAgreement between the Port and SIMEON COMMERCIAL PROPERTIES, (Buyer") (the"Agreement") for the sale of the Property at a purchase price of $14,089,896.00, and as other-wise described in Agenda Sheet Item No. 12, dated January 23, 2001.

Section 4. The Executive Director is authorized to execute and deliver a Grant Deed con-• the Property to Buyer and such other documents as shall be required to carry out the

ii , this ordinance, provided that such documents are approved as to form and legality bytl . Attorney.

....scion 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 toGuidelines Section 15312.

Section 6. This ordinance is rot evidence of and does not create or constitute (a) a con-tract, agreement or the grant of any right, entitlement or property Interest, or (b) any obligationor liability on the part of the Board or any officer or employee of the Board. This ordinancedoes 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 withthe terms of this ordinance and delivery of a Grant Deed. Unless and until a separateAgreement is duly executed on behalf of the Board as authorized by this ordinance, is signedand approved as to form and legality by the Port Attorney, and is delivered to Buyer, thereshall 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, January 23, 2001. Passed to print for

one day by the following vote: Ayes: Commissioners Ayers-Johnson, Wang, Protopappas,Scates, Tagami, Uribe and President Kramer - 7. Noes: None. Absent: None. Christopher C.Marshall, Secretary of the Board.

The Oakland Tribune #1992566January 27, 2007

ORIGINAL


In the matter of:



That the

PUBLIC NOTICE


JANUARY 27, 2001



The Ouitiland Tribune ORIGINAL

do ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 1992566


In the matter of:



That the

PUBLIC NOTICE


JANUARY 27, 2001




CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833RELATING TO SPACE ASSIGNMENTS RATES AND BASICCRANE RENTAL RATES.


Section 1. Paragraph (a) of Item No. 09125, of PortOrdinance No. 2833 is hereby amended by increasing the cranerental rate charge for breakbulk cargo, from $300.00 to $315.00per load lifted.

Section 2. The rental provisions of Item No. 09130 of PortOrdinance No. 2833 are hereby amended to read as follows:

PORT CRANE NO. X-401 X-402 X-403 X-404

09130

TYPE PACECO PACECO PACECO PACECOPreferential Assignee: Maersk

Sea-LandMaerskSea-Land

MaerskSea-Land

MaerskSea-Land

Rental Basis Per Lift: LoadedOr

Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Basic Rental: $12.60 $12.60 $12.60 $12.60Additional:

Maintenance & Repair:Power:

$ 3.15$ .50

$ 3.15$ .50

$ 3.15$ .50

$ 3.15$ .50

Total Rental: $16.25 $16.25 $16.25 $16.25Subject to Notes: 1, 2, & 4 1, 2, 3,

4 & 51, 2, 3,4 & 5

1, 2, 3,4 & 5

31186

Section 3. Item No. 09135 of Port Ordinance No. 2833 ishereby deleted.

Section 4. The rental provisions of Item No. 09140 ofPort Ordinance No. 2833 are hereby amended to read as follows:

PORT CRANE NO. X-438 X-439

Thisspaceintentionallyleft blank 09140

TYPE ZPMC ZPMCPreferential Assignee: YTI YTI

Rental Basis Per Lift: Loadedor

Empty TEU

Loadedor

Empty TEU

Basic Rental: $ 11.55 $ 11.55Additional:


$ 3.50$ .70

$ 3.50$ .70

Total Rental: $ 15.75 $ 15.75Subject to Notes: 1, 2, 3,

4 & 51, 2, 34 & 5

Section 5. The rental provisions of Item No. 09145 ofPort Ordinance No. 09145, and Note 5 thereto, respectively, arehereby amended to read as follows:

(a) The rental provisions are amended to read asfollows:

PORT CRANE NO. X-408 X-409 X-410

Thisspaceinten-tionallyleftblank

09145

TYPE PACECO KSEC KSECPreferential Assignee: Maersk

Sea-LandMaerskSea-Land

MaerskSea-Land


Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Basic Rental:(See Note 5)

$11.30 $11.30$11.55

$11.30$11.55

Additional:Maintenance & Repair:Power:

$ 3.50$ .70

$ 3.50$ .70

$ 3.50$ .70

Total Rental:(See Note 5)

$15.50 $15.50$15.75

$15.50$15.75

Subject to Notes: 1, 2, 3,4 & 5

1, 2, 3,4 & 5

1, 2, 3,4 & 5

231186

(b) Note 5 is amended to read as follows: "The basicrental of $11.55 and the total rental of $15.75 with maintenance,repair and power apply to secondary use of each of cranes X-409and X-410 effective upon completion of installation of a manlifton the cranes."



Thisspaceintentionallyleft blank 09150

TYPE PACECO PACECOPreferential Assignee: Interna-

tionalTransport-ationServices

Interna-tionalTransporta-tionServices


Empty TEU

Loadedor

Empty TEU



$ 3.50$ .50

$ 3.50$ .50


& 41, 2, 3

& 4


PORT CRANE NO. X-430 X-431 X-433

Thisspaceintentionallyleft blank

09152

TYPE MITSUI-PACECO

MITSUI-PACECO

MITSUI-PACECO

Preferential Assignee: TransPacificContainerServiceCorp.

TransPacificContainerServiceCorp.

TransPacificContainerServiceCorp.


Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Basic Rental: $ 11.55 $ 11.55 $ 11.55Additional:


$ 3.45$ .70

$ 3.45$ .70

$ 3.45$ .70

Total Rental: $ 15.70 $ 15.70 $ 15.70Subject to Notes: 1, 2, 3, 1, 3 1, 2, 3

331186



09155

TYPE PACECO KOCKS KOCKS KOCKSPreferential Assignee: Marine

TerminalsCorp.

MarineTerminalsCorp.




Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEUBasic Rental: $ 11.30 $ 11.55 $ 11.55 $ 11.55Additional:

Power: $ .50 $ .70 $ .70 $ .70Total Rental: $ 11.80 $ 12.25 $ 12.25 $ 12.25Subject to Notes: 1, 2 & 4 1, 3 & 4 1, 3 & 4 1, 3 & 4


PORT CRANE NO. X-437

This spaceintentionallyleft blank 09157

TYPE ZPMC

Preferential Assignee:MarineTerminalsCorp.


Empty TEU

Basic Rental: $11.55

Additional:

Power: $ .70

Total Rental: $12.25

Subject to Notes: 1, 2, & 3

Section 10. Item No. 09160 of Port Ordinance No. 2833 ishereby amended to read as follows:

431186


This spaceIntentional-lyleftblank

09160

TYPE ALLIANCE ALLIANCEPreferential Assignee: American

PresidentLines

AmericanPresidentLines


Empty TEU

Loadedor

Empty TEU


Maintenance, Repair & Fuel: $ 3.75 $ 3.75


& 41, 2, 3

& 4

Section 11. A new Tariff Item No. 09163 is hereby added toPort Ordinance No. 2833 to, read as follows:

TERMINAL LOCATION: HANJIN TERMINAL BERTHS 55 & 56PORT CRANE NO. X-C10 X-C11 X-C12 X-C13

09163

TYPE ZPMC ZPMC ZPMC ZPMCPreferential Assignee: Hanjin

ShippingHanjinShipping

HanjinShipping

HanjinShipping


Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Loadedor



$ 3.50$ .70

$ 3.50$ .70

$ 3.50$ .70

$ 3.50$ .70

Total Rental: $ 18.20 $ 18.20 $ 18.20 $ 18.20Subject to Notes: 1, 2, 3

& 41, 2, 3

& 41, 2, 3,

& 41, 2, 3 &4

NOTE 1: This is an electric powered traveling gantry-type container crane.

NOTE 2: Rated capacity under the spreader of each crane is not to exceed 60,044 kg.

NOTE 3: This crane is capable of twin lift.

NOTE 4: Electrical power for these cranes will be provided by Pacific Gas & ElectricCompany to the Port of Oakland and billed by the Port directly to thePreferential Terminal Operator.


531186


09165

TYPE HITACHI HITACHI KSEC PACECOPreferential Assignee: Stevedor-

ingServicesof America

Stevedor-ingServicesof America




Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Loadedor



$ 4.05$ .70

$ 4.05$ .70

$ 4.05$ .70

$ 4.05$ .70

Total Rental: $ 16.05 $ 16.05 $ 16.05 $ 16.05Subject to Notes: 1, 2, 5

& 61, 2, 5

& 61, 3, 5,6 & 7

1, 4 & 6

Section 13. Item No. 10160 of Port Ordinance No. 2833 ishereby amended to read as follows:

SPACE ASSIGNMENT RATESSpace Assignment rates will be assessed as contained in the following table whichdesignates the types of areas used and assigned; if and as available: (See Item10155):

TYPE OF AREA DOLLARS PER SQUARE FOOT PER MONTH

(I)10160

Land

UNPAVED ROCKED PAVED

$.098 (1)$.100 (2)

WithoutLiahtincrUL

Fencing

WithTHahtinaallU

Fencing

WithoutLiahtinaUL

Fencing

WithLiahtina=111U

Fencing

$.119 (1)$.122 (2)

$.135 (1)$.139 (2)

$.142 (1)$.146 (2)

$.176 (1)$.181 (2)

Truck or Rail DockFacilities (excludes

adjacent or surround-ing yard)

ROOFEDIncludes Nominal Clerical Space

Excludes Office Space

WITH ORWITHOUTCANOPY

WithDoors&Levelers

WithDoorsNoLevelers

No DoorsNoLevelers

PlatformsOnly

$.45 (1)$.46 (2)

$.38 (1)$.39 (2)

$.27 (1)$.28 (2)

$.17 (1)$.18 (2)

WarehouseSpace

FIRSTFLOORLEVEL

$.28 (1)$.29 (2)

THIS SPACE LEFT INTENTIONALLY BLANK

631186

AttestSecretary.

In-Bond Storage(See Item 10155)

$.29 (1)$.30 (2)

OFFICE SPACEN.O.S.

Non-Air-Conditioned

AirConditioned

MaintenanceSpace

Repair

$.91 (1)$.95 (2)

$1.04 (1)$1.09 (2)

Space, Covered,

N.O.S.$.95$.99

(1)(2)

(1) Rates effective March 1, 2001 (2) Rates effective September 1, 2001

Section 14. This ordinance shall take effect March 1,2001.

In Board of Port Commissioners, Oakland, California, January 9,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Tagami andVice President Uribe - 6. Noes: None. Absent: President Kramer - 1.


Adoptedata Adjourned regular meeting held January 23 , 2 0 01



Noes: None

Absent: None

President.


CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF A FIRST SUPPLEMENTAL AGREEMENT TO LEASE WITHDOLLAR RENT A CAR SYSTEMS, INC.


Section 1. The Board hereby approves and authorizesexecution of that certain First Supplemental Agreement to thatcertain Lease dated July 5, 2000, between the Port and DOLLARRENT A CAR SYSTEMS, INC., as Lessee, to increase the leasedpremises by approximately 1,121 square feet containing the termsand conditions as more fully set forth in Agenda Sheet Item No.9S, dated January 9, 2001.

Section 2. The Executive Director is hereby authorized toexecute said First Supplemental Agreement.

Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract, lease or the grant of anyright, entitlement or property interest, or (b) any obligation orliability on the part of the Board. or any officer or employee ofthe Board. This ordinance approves and authorizes the executionof a lease or agreement in accordance with the terms of thisordinance. Unless and until a written lease is duly executed onbehalf of the Board as authorized by this ordinance, is signedand approved as to form and legality by the Port Attorney, and isdelivered to the Lessee, there shall be no valid or effectivelease or agreement.

31168




Adoptedata Adjourned regular


meeting held January 23 , 2 0 01

Ayes:

Noes:

Absent:


None

None

President.

Secretary.

g_Aland Tribunec/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 1987496


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF A FIRST SUPPLEMENTAL AGREEMENT TO LEASE WITH

DOLLAR RENT A CAR SYSTEMS, INC.3E IT ORDAINED by the Board of Port Commissioners ("Board") of the City of Oakland as 101-ows:

Section 1. The Board hereby approves and authorizes execution of that certain First Sup-demental Agreement to that certain Lease dated July 5, 2000, between the Port and)OLLAR RENT A CAR SYSTEMS, INC., as Lessee, to increase the leased premises by ap-xoximately 1,121 square feet containing the terms and conditions as more fully set forth inkgenda Sheet Item No. 9S, dated January 9, 2001.

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

Section 3. This ordinance is not evidence of and does not create or constitute (a) a con-ract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or Ha-ft on the part of the Board or any officer or employee of the Board. This ordinance approvesind authorizes the execution of a lease or agreement in accordance with the terms of this ordi-nance. Unless and until a written lease is duly executed on behalf of the Board as authorizediy this ordinance, is signed and approved as to form and legality by the Port Attorney, and Is,Ielivered to the Lessee, 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.In Board of Port Commissioners, Oakland, California, January 9, 2001.Passed to print for

ins, day by the following vote:Ayes: Commissioners Ayers-Johnson,Kiang, Protopappas, Scates, Tagamiand Vice President Uribe - 6.Noes: None.Absent: President Kramer - 1.


The Oakland Tribune, #1987496January 22, 2001

ORIGINAL

PROOF OF PUBLICATION31168-1

In the matter of:

ORDINANCE 3623


That the

PUBLIC NOTICE


JANUARY 22, 2001


The 11__Aland TribuneORIGINAL


Legal No. 1987496


In the matter of:

ORDINANCE 3623


That the

PUBLIC NOTICE


JANUARY 22, 2001

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


CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF A LEASE WITH WESTERN AEROSPACE MUSEUM, ANDDIRECTING RECORDATION THEREOF.


Section 1. The Board hereby approves and authorizes execution of aLease between the CITY OF OAKLAND, a municipal corporation, acting byand through this Board, herein referred to as "Port", and WESTERNAEROSPACE MUSEUM, a non-profit public benefit corporation organizedunder the laws of the State of California as Lessee, covering an area ofapproximately 29,477 feet in Building L-621, Oakland, California, to beused for a not-for-profit aviation museum within the meaning of theDepartment of Transportation Policy and Procedures Concerning the Use ofAirport Revenue for a five-year term commencing March 1, 2001, together

forth in Agenda Sheet Item 5S dated January 9, 2001.

Section 2. The Executive Director is hereby authorized to executesaid Lease provided that it has been approved as to form and legality bythe Port Attorney.

Section 3. The Board hereby finds and determines that thisproject has been determined to be categorically exempt from requirementsof the California Environmental Quality Act pursuant to Section15301(p), Class 1.


31192

Section 5. This Ordinance shall take effect thirty (30) days fromand after its final adoption and the Port Attorney is hereby authorized

and directed to record said Agreement.



Adoptedata Adjourned regular


meeting held January 23 , 2001


Noes: None

Absent: None

President.

AttestSecretary.

31 1 92

The &Aland Tribunec/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 1987510PUBLIC NOTICE PUBLIC NOTICE


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF A LEASE WITH WESTERN AEROSPACE MUSEUM, 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 Lease between the CITYOF OAKLAND, a municipalcorporation, acting by and through this Board, herein referred toas "Port," and WESTERN AEROSPACE MUSEUM, a non-profit public benefit corporation or-ganized under the laws of the State of California as Lessee, covering an area of approximately29,477 feet in Building . L-621, Oakland, California,' to be used for a not-for-proftt aviation mu-seum within the meaning of the Department of Transportation Policy and Procedures Con-cerning the Use of Airport Revenue for a five-year term commencing March 1, 2001, togetherwith options to extend, with rent at $1.00 per year, as more fully set forth in Agenda Sheet Item5S dated January 9, 2001.

Section 2. The Executive Director Is hereby authorized to execute said Lease provided thatit has been approved as to form and legality by the Port Attorney.

Section 3. The Board hereby finds and determines that this project has been determined tobe categorically exempt from requirements of the California Environmental Quality Act pur-suant to Section 15301(p), Class 1.

Section 4. This ordinance is not evidence of and does not create or constitute (a) a con-tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li-ability on the part of the Board or any officer or employee of the Board. This ordinance ap-proves and authorizes the execution of a contract, Lease or grant of rights in accordance withthe terms of this ordinance. Unless and until a separate written contract, Lease or grant is dulyexecuted on behalf of the Board as authorized by this ordinance, is signed and approved as toform and legality by the Port Attorney, and is delivered to the contracting party, lessee orgrantee, there shall be no valid or effective contract, Lease or grant.

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

In Board of Port Commissioners; Oakland, California, January 9, 2001. Passed to print forone day by the following vote:

Ayes: Commissioners Aye's-Johnson,Kiang, Protopappas, Scates, Tagamiand Vice President Uribe - 6.Noes: None.Absent: President Kramer - 1.


The Oakland Tribune, #1987510January 22, 2001

ORIGINAL


In the matter of:

ORDINANCE 3622


That the

PUBLIC NOTICE


JANUARY 22, 2001




ORIGINALThe 0,Aland Tribunec/o ANG NewspapersTribune Tower, 401 13th Street, Oakland, CA 94612Legal Advertising(510) 208-6340

Legal No. 1987510

PUBLIC NOTICE


In the matter of:

ORDINANCE 3622


That the

PUBLIC NOTICE


JANUARY 22, 2001



CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 3439AND ESTABLISHING RATES AND CHARGES FORELECTRICAL POWER PROVIDED BY THE PORT AT THEMETROPOLITAN OAKLAND INTERNATIONAL AIRPORT.


Section 1. Section 2 of Port Ordinance No. 3439,entitled "An Ordinance Establishing Rates and Charges forElectric Power At the Metropolitan Oakland InternationalAirport," as amended by Section 1 of Port Ordinance No. 3521, ishereby amended to provide as follows:

(a) That portion of the first paragraph thatstates "in the Port Area" is hereby revised to provide "in thePort Area except within the Metropolitan Oakland InternationalAirport;" and

(b) In each instance where the words "Ser-vice Area: Port Area" appear they are hereby revised to provideas follows: "Service Area: Port Area, except for theMetropolitan Oakland International Airport".

Section 2. A new Section 3 is hereby added to PortOrdinance No. 3521, as amended, providing as follows:

"Section 3. The following rates and chargesshall apply to the Port Department's provision ofelectrical power to any person or entity at theMetropolitan Oakland International Airport unless awritten agreement between the Board and such person orentity otherwise provides:

31145

PORT OF OAKLANDELECTRIC RATES SCHEDULE "A"

SMALL GENERAL SERVICES(SINGLE-PHASE)

(1) APPLICABILITY: This schedule is applicable to single-phasealternating current service for customers atdelivery voltage of less than 5,000 volts.

(2) SERVICE AREA: Metropolitan Oakland International Airport

(3) RATE:

Charge Amount

$8.10

$0.06143

The Energy Charge is subject to variation each billingperiod. The Energy Charge shall be expressed in $kWh, andshall include an allocated portion of all the costs thePort incurs in purchasing energy for use at the Airport andhaving the energy delivered to the Airport at the AirportSS-1 substation or other substation for the monthly billingperiod and the cost to the Port of energy losses in thePort's own Airport distribution system for the monthlybilling period, and shall reflect the net cost or benefitof any financial swap transactions entered into by the Portto fix the cost of energy. These costs include but are notlimited to: the actual costs of scheduled and imbalanceenergy; transmission and distribution line losses;California Independent System Operator ancillary servicesand administrative charges; California Power Exchange andscheduling coordinator fees; congestion charges; andPacific Gas and Electric Company's Wholesale DistributionTariff charges. The costs shall be equitably allocated, asreasonably determined by the Port's Director ofEngineering, to each metered customer and to the Port foreach billing period. The Port's Director of Engineeringmay estimate costs for a monthly billing period todetermine the Energy Charge, subject to a reasonableadjustment on bills for energy use during subsequentmonthly billing periods when actual costs are known.

CustomerCharge (permeter permonthlybillingperiod)

DistributionCharge (perkWh)

Energy Charge(per kWh)

31145 2

(4) DESCRIPTION OF SERVICE:

Single-Phase:

120/240 volts, 3-wire120/208 volts, 3-wire

PORT OF OAKLANDELECTRIC RATE SCHEDULE "B"

GENERAL SERVICE(THREE-PHASE)

(1) APPLICABILITY: This schedule is applicablephase alternating currentcustomers at delivery voltage

to the three-service forof less than

5,000 volts.


(3) RATE:

Charge Amount

CustomerCharge (permeter permonthlybillingperiod)

DistributionCharge (PerKWh)

$12.00

$0.06143

31195 3

Energy Charge(Per KWh)

The Energy Charge is subject to variation each billingperiod. The Energy Charge shall be expressed in $kWh, andshall include an allocated portion of all the costs thePort incurs in purchasing energy for use at the Airport andhaving the energy delivered to the Airport at the AirportSS-1 substation or other substation for the monthly billingperiod and the cost to the Port of energy losses in thePort's own Airport distribution system for the monthlybilling period, and shall reflect the net cost or benefitof any financial swap transactions entered into by the Portto fix the cost of energy. These costs include but are notlimited to: the actual costs of scheduled and imbalanceenergy; transmission and distribution line losses;California Independent System Operator ancillary servicesand administrative charges; California Power Exchange andscheduling coordinator fees; congestion charges; andPacific Gas and Electric Company's Wholesale DistributionTariff charges. The costs shall be equitably allocated, asreasonably determined by the Port's Director ofEngineering, to each metered customer and to the Port foreach billing period. The Port's Director of Engineeringmay estimate costs for a monthly billing period todetermine the Energy Charge, subject to a reasonableadjustment on bills for energy use during subsequentmonthly billing periods when actual costs are known.


Three-Phase

208/120 volts, 4-wire480/277 volts, 4-wire4160/2400 volts, 4-wire

PORT OF OAKLANDELECTRIC RATE SCHEDULE "C"

(DEMAND METERED - SECONDARY SERVICE VOLTAGE)

(1) APPLICABILITY: This schedule is applicable to single-phaseand three-phase alternating current servicefor customers with a maximum demand greaterthan 100kw and a delivery voltage of lessthan 5,000 volts.


(3) RATE:Charge Amount

Customer Chargeper meter (permonthly billingperiod)

$75.00

31145 4

$4.175

$ 0.02462

The Energy Charge is subject to variation each billingperiod. The Energy Charge shall be expressed in $kWh,and shall include an allocated portion of all the coststhe Port incurs in purchasing energy for use at theAirport and having the energy delivered to the Airport atthe Airport SS-1 substation or other substation for themonthly billing period and the cost to the Port of energylosses in the Port's own Airport distribution system forthe monthly billing period, and shall reflect the netcost or benefit of any financial swap transactionsentered into by the Port to fix the cost of energy.These costs include but are not limited to: the actualcosts of scheduled and imbalance energy; transmission anddistribution line losses; California Independent SystemOperator ancillary services and administrative charges;California Power Exchange and scheduling coordinatorfees; congestion charges; and Pacific Gas and ElectricCompany's Wholesale Distribution Tariff charges. Thecosts shall be equitably allocated, as reasonablydetermined by the Port's Director of Engineering, to eachmetered customer and to the Port for each billing period.The Port's Director of Engineering may estimate costs fora monthly billing period to determine the Energy Charge,subject to a reasonable adjustment on bills for energyuse during subsequent monthly billing periods when actualcosts are known. If the Port installs new metering anddata processing facilities for a Schedule "C" customerthat allow the Port to determine hourly energy use by thecustomer, then the Port may, at the Port's option,compute the Energy Charge separately for each hour of themonthly billing period rather than monthly.

Demand Charge(per KW)

DistributionCharge (perKWh)

Energy Charge(per KWh)

(4) BASIS FOR DEMAND CHARGE:

The customer will be billed for demand according tothe customer's "maximum demand" each monthly billingperiod. The number of KW used will be recorded over15-minute intervals; the highest 15-minute average inthe month will be the customer's maximum demand.

31145 5

(5) POWER FACTOR ADJUSTMENT:

The bill will be adjusted based upon the power factor.The power factor is computed from the ratio of laggingreactive kilovolt-ampere-hours to the kilowatt-hoursconsumed in the monthly billing period. Power factorsare rounded to the nearest whole percent.

The rate amounts in this rate schedule are based on apower factor of 85 percent or higher. If the averagepower factor is below 85 percent, the monthly billwill be increased by 0.06 percent for each percentagepoint below 85 percent.

(6) STANDARD SERVICE FACILITIES:

As a condition to the Port's installation of any newor additional service facilities to provide thecustomer with service, the Port may require that thecustomer first pay and/or agree to pay to the Port, byexecution of a facilities charge agreement prepared bythe Port, all or portions of the cost to the Port tomake the installation.


Single-phase:

120/240 volts, 3-wire120/208 volts, 3-wire

Three-phase

208Y/120 volts, 4-wire480Y/277 volts, 4-wire4160Y/2400 volts, 4-wire

31145 6

PORT OF OAKLANDELECTRIC RATE SCHEDULE "D"

SERVICE TO CUSTOMERS WITH MAXIMUM DEMANDBETWEEN 500 AND 1000 KILOWATTS

(1) APPLICABILITY:

Initial Assignment: A customer is eligible for serviceunder Schedule "D" if: (1) the customer's load does not meetthe Schedule "E" requirements, but, (2) the customer'smaximum demand (as defined below) has exceeded 499 kilowattsfor at least three consecutive monthly billing periodsduring the most recent 12 monthly billing periods.

Customer accounts which fail to qualify under theserequirements may, at the Port's election, be evaluated fortransfer to service under a different applicable rateschedule.

Transfer Off Schedule "D": If a customer's maximum demandhas failed to exceed 499 kilowatts for 8 or more out of thelast 12 consecutive monthly billing periods and has alsofailed to exceed 499 kilowatts for three consecutive monthlybilling periods during that period, the Port may transferthat customer's account to service under a differentapplicable rate schedule.

Assignment of New Customer: If a customer is new and thePort believes that the customer's maximum demand will exceed499 kilowatts, the Port will serve the customer's accountunder Schedule "D".

Definition of Maximum Demand: Demand will be averaged over15-minute intervals. "Maximum Demand" will be the highestof all the 15-minute averages for the monthly billingperiod. The customer's maximum peak period demand will bethe highest of all the 15-minute averages for the peakperiod during the monthly billing periods. (See Paragraph(5) of this Schedule "D" for a definition of "Peak-Period.")

(2) SERVICE AREA:

Metropolitan Oakland International Airport.

31145 7

(3) RATES:

Service Voltage:

ChargeDemand Charge (per KW):Maximum Peak Period DemandMaximum Partial Peak Period

DemandMaximum Demand

Energy Charge (per KWh):

Secondary Primary,

(DS) (DP)

Amount

$8.5125 $7.225

$3.675

$2.65

$2.55

$2.55

The Energy Charge is subject to variation eachbilling period. The Energy Charge shall beexpressed in $kWh and differentiated by Peak,Partial-Peak and Off-Peak time periods, and shallinclude an allocated portion of all the costs thePort incurs in purchasing energy for use at theAirport and having the energy delivered to theAirport at the Airport SS-1 substation or othersubstation for the monthly billing period and thecost to the Port of energy losses in the Port's ownAirport distribution system for the monthly billingperiod, and shall reflect the net cost or benefitof any financial swap transactions entered into bythe Port to fix the cost of energy. These costsinclude but are not limited to: the actual costsof scheduled and imbalance energy; transmission anddistribution line losses; California IndependentSystem Operator ancillary services andadministrative charges; California Power Exchangeand scheduling coordinator fees; congestioncharges; and Pacific Gas and Electric Company'sWholesale Distribution Tariff charges. The costsshall be equitably allocated, as reasonablydetermined by the Port's Director of Engineering,to each metered customer and to the Port for eachbilling period. The Port's Director of Engineeringmay estimate costs for a monthly billing period todetermine the Energy Charge, subject to areasonable adjustment on bills for energy useduring subsequent monthly billing periods whenactual costs are known. If the Port installs newmetering and data processing facilities for aSchedule "D" customer that allow the Port todetermine hourly energy use by the customer, thenthe Port may, at the Port's option, compute theEnergy Charge separately for each hour of thebilling period rather than by Peak, Partial-Peakand Off-Peak time periods.

Customer Charge (Per meter per monthlybilling period)

$175.00 $140.00

31145

a. TYPES OF CHARGES: The amount of a customer's monthly billfor service under Schedule "D" is the sum of the amounts ofthe customer charge, demand charge and energy charge:

- The customer charge is a flat monthly billing periodfee.

- Schedule "D" has three demand charges: a maximum peakperiod charge, a maximum partial-peak period demandcharge, and a maximum demand charge. The maximum peakperiod demand charge per kilowatt applies to themaximum demand during the monthly billing period's peakhours, the maximum partial-peak period demand chargeper kilowatt applies to the maximum demand during themonthly billing period's partial peak hours, and themaximum demand charge per kilowatt applies to themaximum demand at any time during the monthly billingperiod. The bill will include all of these demandcharges. (Time periods are defined in Paragraph (5).)

- Except when the Port elects to bill on an hourly basis,the energy charge is the sum of the energy charges fromthe peak, partial-peak and off-peak periods. Thecustomer pays for energy by the kilowatt-hour (KWh),and rates are differentiated according to time of day.

- The monthly billing period charge amounts may be in-creased based upon the power factor. (See Paragraph 6below.)

- As shown in the rates above, which set of customer,demand and energy charge amounts is paid depends on thevoltage at which service is taken. Service voltagesare defined in Paragraph (4) below.

(4) DEFINITION OF SERVICE VOLTAGE:

The following defines the two voltage classes of Schedule"D" rates.

a. Secondary: This is the voltage class if the servicevoltage is less than 2,000 volts.

b. Primary: This is the voltage class if the servicevoltage is greater than 2,000 volts.

(5) DEFINITION OF TIME PERIODS:

Times of the day are defined as follows:

31145 9

Peak:

12:00 noon to 6:00 PM-Monday to Friday (exceptholidays)

Partial- 8:30 AM to 12 Noon and 6:00 PM to 9:30 PM -Peak: Monday through Friday (except holidays)

Off-Peak: 9:30 PM to 8:30 AM - Monday through Friday. Allday - Saturday, Sunday and holidays

Holidays: "Holidays" for the purposes of this rate scheduleare New Year's Day, Washington's Birthday, Memorial Day,Independence Day, Labor Day, Veteran's Day, Thanksgiving Dayand Christmas Day. The dates will be those on which theholidays are legally observed.

(6) POWER FACTOR ADJUSTMENTS:

The bill will be adjusted based upon the power factor. Thepower factor is computed from the ratio of lagging reactivekilovolt-ampere-hours to the kilowatt-hours consumed in themonthly billing period. Power factors are rounded to thenearest whole percent.

The rate amounts in this rate schedule are based on a powerfactor of 85 percent or higher. If the average power factoris below 85 percent, the monthly bill will be increased by0.06 percent for each percentage point below 85 percent.


As a condition to the Port's installation of any new oradditional service facilities to provide the customer withservice, the Port may require that the customer first payand/or agree to pay to the Port, by execution of afacilities charge agreement prepared by the Port, all orportions of the cost to the Port to make the installation.

PORT OF OAKLANDELECTRIC RATE SCHEDULE "E"

SERVICE TO CUSTOMERS WITH MAXIMUM DEMANDOF 1,000 KILOWATTS OR MORE

(1) APPLICABILITY:

Initial Assignment: A customer is eligible for serviceunder Schedule "E" if the customer's maximum demand (asdefined below) has exceeded 999 kilowatts for at least threeconsecutive months during the most recent 12-month period.

31145 10

Customer accounts which fail to qualify under theserequirements may, at the Port's election, be evaluated fortransfer to service under a different applicable rateschedule.

Transfer Off Schedule "E": If a customer's maximum demandhas failed to exceed 999 kilowatts for 8 or more out of thelast 12 consecutive monthly billing periods and has alsofailed to exceed 999 kilowatts for three consecutive monthlybilling periods during that period, the Port may transferthat customer's account to service under a differentapplicable rate schedule.

Assignment of New Customers: If a customer is new and thePort believes that the customer's maximum demand will exceed999 kilowatts, Port will serve the customer's account underSchedule "E".

Definition of Maximum Demand:

Demand will be averaged over 15-minute intervals. "MaximumDemand" will be the highest of all the 15-minute averagesfor the monthly billing period. The customer's maximum-peak-period demand will be the highest of all the 15-minuteaverages for the peak period during the monthly billingperiods. (See Paragraph (5) for a definition of "Peak-Period.")

(2) SERVICE AREA:

Metropolitan Oakland International Airport

(3) RATES:

Service Voltage: Secondary Primary

(ES) (EP)

Charge RateDemand Charge (per KW)

Maximum Peak-Period Demand

$8.5125 $7.225Maximum Partial-Peak

Period Demand

$3.675

$2.65Maximum Demand

$2.55

$2.55

31145 11

Energy Charge (per KWh):

Customer Charge Per meter (per monthlybilling period)

The Energy Charge is subject to variationeach billing period. The Energy Chargeshall be expressed in $kWh anddifferentiated by Peak, Partial-Peak andOff-Peak time periods, and shall include anallocated portion of all the costs the Portincurs in purchasing energy for use at theAirport and having the energy delivered tothe Airport at the Airport SS-1 substationor other substation for the monthly billingperiod and the cost to the Port of energylosses in the Port's own Airportdistribution system for the monthly billingperiod, and shall reflect the net cost orbenefit of any financial swap transactionsentered into by the Port to fix the cost ofenergy. These costs include but are notlimited to: the actual costs of scheduledand imbalance energy; transmission anddistribution line losses; CaliforniaIndependent System Operator ancillaryservices and administrative charges;California Power Exchange and schedulingcoordinator fees; congestion charges; andPacific Gas and Electric Company's WholesaleDistribution Tariff charges. The costsshall be equitably allocated, as reasonablydetermined by the Port's Director ofEngineering, to each metered customer and tothe Port for each billing period. ThePort's Director of Engineering may estimatecosts for a monthly billing period todetermine the Energy Charge, subject to areasonable adjustment on bills for energyuse during subsequent monthly billingperiods when actual costs are known. If thePort installs new metering and dataprocessing facilities for a Schedule "E"customer that allow the Port to determinehourly energy use by the customer, then thePort may, at the Port's option, compute theEnergy Charge separately for each hour ofthe billing period rather than by Peak,Partial-Peak and Off-Peak time periods.

$385.00 $310.00

(a) TYPES OF CHARGES: The amount of a customer's monthlybill for service under Schedule "E" is the sum of theamounts of the customer charge, demand charge, andenergy charge:

The customer charge is a flat monthly billing periodfee.

31145 12

- Schedule "E" has three demand charges; a maximum peakperiod demand charge, a maximum partial-peak perioddemand charge and a maximum demand charge. The maximumpeak period demand charge per kilowatt applies to themaximum demand during the month billing period's peakhours, the maximum partial-peak period demand charge perkilowatt applies to the maximum demand during themonthly billing period's partial-peak hours and themaximum-demand charge per kilowatt applies to themaximum demand at any time during the monthly billingperiod. The bill will include all of these demandcharges. (Time periods are defined in Paragraph (5).)

Except when the Port elects to bill on an hourly basis,the energy charge is the sum of the energy charges fromthe peak, partial-peak and off-peak periods. Thecustomer pays for energy by the kilowatt-hour (KWh), andrates are differentiated according to time of day.

- The monthly billing period charge amounts may beincreased or decreased based upon the power factor. (SeeParagraph (6).)

- As shown in the rates above, which set of customer,demand and energy charge amounts is paid depends on thevoltage at which service.is taken. Service voltages aredefined in Paragraph (4) below.

(4) DEFINITION OF SERVICE VOLTAGE:

The following defines the two voltage classes of Schedule"E" rates.

a. Secondary: This is the voltage class if the servicevoltage is less than 2,000 volts

b. Primary: This is the voltage class if the servicevoltage is greater than 2,000volts.

31145 13

(5) DEFINITION OF TIME PERIODS:

Peak:

12:00 noon to 6:00 PM-Monday to Friday (exceptholidays)

Partial- 8:30 AM to 12 Noon and 6:00 PM to 9:30 PM-Peak: Monday through Friday (except holidays)

Off-Peak:

9:30 PM to 8:30 AM - Monday through Friday.All Day - Saturday, Sunday and holidays

Holidays:

"Holidays" for the purposes of this rateschedule are New Year's Day, Washington'sBirthday, Memorial Day, Independence Day,Labor Day, Veteran's Day, ThanksgivingDay and Christmas Day. The dates will bethose on which the holidays are legallyobserved.

(6) POWER FACTOR ADJUSTMENTS:

The bill will be adjusted based upon the power factor. Thepower factor is computed from the ratio of lagging reactivekilovolt-ampere-hours to the kilowatt-hours consumed in themonthly billing period. Power factors are rounded to thenearest whole percent.

The rates in this rate schedule are based on a power factorof 85 percent or higher. If the average power factor isbelow 85 percent, the monthly bill will be increased by 0.06percent for each percentage point below 85 percent.


As a condition to the Port's installation of any new oradditional service facilities to provide the customer withservice, the Port may require that the customer first payand/or agree to pay to the Port, by execution of afacilities charge agreement prepared by the Port, all orportions of the cost to the Port to make the installation."

31145 14

Section 3. This ordinance shall be effective immediatelyupon its adoption by the Board of Port Commissioners.



Adoptedata Adjourned regular meeting held January 23, 2001



Noes: None

Absent: None

President.

AttestSecretary.

Approved as to form Odiegality

Port Attorney

31145 15



AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONSIN SUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASEAND SALE AGREEMENT WITH COVANCE RESEARCH PRODUCTS, INC.FOR THE PORT OF OAKLAND'S SALE OF AN APPROXIMATELY 2.09ACRE PARCEL OF LAND LOCATED AT EDGEWATER ROAD ANDPARDEE LANE.


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 anapproximately 2.09 acre site located at the corner of EdgewaterRoad and Pardee Lane in the Oakland Airport Business Park.

Section 2. The Board hereby finds and determines asfollows:


(b) That the proposed sale of the Property complies withthe provisions of Section 5.13(b) of the Port's Master TrustIndenture, dated as of April 1, 1989, as amended (the"Indenture"), and does not, together with other transfersreferred to therein, constitute a Significant Portion of the Port(as defined in the Indenture). The Board hereby directs that theproceeds of such sale shall be deposited in the Port Revenue Fundand shall be used in accordance with the provisions of Section5.13 of the Indenture.

Section 3. Based upon the findings and determinations madein Section 2 hereof, the Board hereby approves and authorizes theExecutive Director to execute a Purchase and Sale Agreementbetween the Port and COVANCE RESEARCH PRODUCTS, INC., ("Buyer")(the "Agreement") for the sale of the Property at a purchaseprice of $1,550,649.00, and as otherwise described in AgendaSheet Item No. 11, dated December 19, 2000.

30991

Section 4. The Executive Director is authorized to executeand deliver a Grant Deed conveying the Property to Buyer and suchother documents as shall be required to carry out the intent ofthis ordinance, provided that such documents are approved as toform and legality by the Port Attorney.

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

Section 6. This ordinance is not evidence of and does notcreate or constitute (a) a contract, agreement or the grant ofany right, entitlement or property interest, or (b) anyobligation or liability on the part of the Board or any officeror employee of the Board. This ordinance does not obligate thePort to execute or deliver the Agreement or the Grant Deed toBuyer. This ordinance approves and authorizes the execution ofthe Agreement in accordance with the terms of this ordinance anddelivery of a Grant Deed. Unless and until a separate writtenAgreement is duly executed on behalf of the Board as authorizedby this ordinance, is signed as approved as to form and legalityby the Port Attorney, and is delivered to Buyer, there shall beno valid or effective Agreement.

Section 7. This ordinance shall take effect 30 days fromand after its final adoption.

In Board of Port Commissioners, Oakland, California, December 19, 2000Passed 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.


Adopted at a Adjourned regular meeting held January 9, 2 0 01


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

None

President Kramer - 1

Approved asi toform' arid legality :

Port Attorney

Noes:

Absent:

30941

board of port commissioners city of … · scates, uribe and president tagami - 6. noes: none....

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