PORT ORDINANCE NO. 3729 · 3729 an ordinance authorizing the fee simple transfer of port owned land located on christenson road in eastern alameda county to the california department

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3729

AN ORDINANCE AUTHORIZING THE FEE SIMPLETRANSFER OF PORT OWNED LAND LOCATED ONCHRISTENSON ROAD IN EASTERN ALAMEDA COUNTY TOTHE CALIFORNIA DEPARTMENT OF FISH AND GAMEFOR BURROWING OWL HABITAT PURPOSES.

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

Section 1. The Board hereby approves and authorizes theExecutive Director to execute a deed for the fee simple transferof the Port-owned property located on Christenson Road in EasternAlameda County, consisting of approximately 69.2 acres of land("Property"), to the California Department of Fish and Game (the"Department") for Burrowing OWL habitat purposes; and

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

Section 3. The Board hereby finds and determines that theproposed purchase, transfer and preservation of the Property forBurrowing OWL habitat purposes were determined to be exempt fromthe provisions of the California Environmental Quality Act("CEQA") pursuant to Class 13 of Guidelines Section 15313 whenthe Board made its Property acquisition decision.

Section 4. Except for as otherwise expressly set forth inthis ordinance, the fee simple transfer of the Propertyauthorized by this ordinance shall be subject to the terms andprovisions of the January 21, 2000 Mitigation Agreement betweenthe Port and the Department.

28580

Section 5. This ordinance is not evidence of and does not createor constitute (a) a contract, agreement 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 does not obligate the Port to executeor deliver the deed or Property to the Department. Thisordinance approves and authorizes the execution of the deed inaccordance with the terms of this ordinance. Unless and until thedeed is duly executed on behalf of the Board as authorized bythis ordinance, approved as to form and legality by the PortAttorney, and is delivered to Department, there shall be no validor effective Property transfer.

Section 6. This ordinance shall take effect upon its finaladoption.

In Board of Port Commissioners, Oakland, California, December 3,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami,Uribe and President Kiang - 7. Noes: None. Absent: None

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 17, 2002

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Kramer,Scates, Tagami and President Kiang - 5None

Legal No. 0000180020


AN ORDINANCE AUTHORIZING THEFEE SIMPLE TRANSFER OF PORTOWNED LAND LOCATED ONCHRISTENSON ROAD IN EASTERN ALA-MEDA COUNTY TO THE CALIFORNIA DE-PARTMENT OF FISH AND GAME FOR BUR-ROWING OWL HABITAT PURPOSES

BE IT ORDAINED by the Board of PortCommissioners ("Board") of the City ofOakland as follows:

Section 1. The Board hereby approvesand authorizes the Executive Director to exe-cute a deed for the fee simple transfer of thePort-owned property located on ChristensonRoad in Eastern Alameda County, consistingof approximately 69.2 acres of land("Property"), to the California Department ofFish and Game (the "Department') for Burrow-ing OWL habitat purposes; and

Section 2. The Executive Director is au-thorized to execute and deliver such otherdocuments as shall be required to carry outthe intent of this ordinance, provided thatsuch documents are approved as to formand legality by the Port Attorney.

Section 3. The Board hereby finds anddetermines that the proposed purchase, trans-fer and preservation of the Property for Bur-rowing OWL habitat purposes were deter-mined to be exempt from the provisions ofthe California Environmental Quality Act("CEQA") pursuant to Class 13 of GuidelinesSection 15313 when the Board made its Prop-erty acquisition decision.

Section 4. Except for as otherwise ex-pressly set forth in this ordinance, the fee sim-ple transfer of the Property authorized by thisordinance shall be subject to the terms andprovisions of the January 21, 2000 MitigationAgreement between the Port and theDepartment.

Section 5. This ordinance is riot evidenceof and does not create or constitute (a) a con-tract, agreement or the grant of any right, enti-tlement or property interest, or (b) any obliga-tion or liability on the part of the Board or anyofficer or employee of the Board. This ordi-nance does riot obligate the Port to executeor deliver the deed or Property to the Depart-ment. This ordinance approves and authoriz-es the execution of the deed in accordancewith the terms of this ordinance. Unless anduntil the deed is duly executed on behalf ofthe Board as authorized by this ordinance, ap-proved as to form and legality by the Port At-torney, and is delivered to Department, thereshall be no valid or effective Property transfer.

Section 6. This ordinance shall take effectupon its final adoption.

In Board of Port Commissioners, Oakland,California, December 3, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None

John T. BetiertonSecretary of the Board

The Oakland Tribune, #160020December 12, 2002

Oakland TribuneC/o ANG Newspapers401 13th StreetOa' CA 94612Le, advertising(800) 595-9595 opt.4

PORT OF OAKLAND530 WATER ST./ARVAYNE M.,ATTN: EDITHAHERNANDEZ,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. ORD. 3729

In the matter of

ORDINANCE AUTHORIZING THE FEESIMPLE TRANSFER OF PORT OWNED

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

general circulation as defined by Government Code SectionJO, 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

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

12/12/02

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

34 9

Public Notice Advertising Clerk


CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 867,AMENDING SECTION 10.0038 AND ADDING NEW SECTION14.8.

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

Section 1. Section 10.0038 of Port Ordinance No. 867 is herebyamended to read as follows:

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

10.0038 1 Airport Terminal ExpansionProgram Director 590.8

41367

Section 2. Section 14.8 is hereby added to Port Ordinance No. 867

which section shall read as follows:

Section No. of Salary or

No. Positions Title Schedule No.

14.8 1 Engineering Specialist ProjectsAdministrator 568.7





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

Noes: None

Commissioners Protopappas and Uribe - 2Absent:

Approv defe,t gality :

Port Att ey

c/o ANG Newspapers401 13th StreetCakland, CA 94612Lec dvertising(80, A5-9595 opt.4


PROOF OF PUBLICATIONFILE NO.

In the matter of


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

,Iitomia, 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


12/12/02



AN ORDINANCE AMENDING PORT ORDI-NANCE NO. 867, AMENDING SECTION10.0038 AND ADDING NEW SECTION 14.8.

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

Section 1. Section 10.0038 of Port Ordi-nance No. 867 is hereby amended to read asfollows:

Section No. 10.0038No. of Positions 1Title Airport Terminal Expansion

Program DirectorSalary or Schedule No. 590.8

Section 2. Section 14.8 is hereby addedto Port Ordinance No. 867 which section shallread as follows:

Section No. 14.8No. of Positions 1Title Engineering Specialist

Projects AdministratorSalary or Schedule No. 568,7In Board of Port Commissioners, Oakland,

California, December 3, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None



Legal No. 0000180039

PORT ORDINANCE NO. 3728Oaklatii; mitoibune

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 3439 ANDESTABLISHING RATES AND CHARGES FOR ELECTRIC POWERPROVIDED BY THE PORT AT THE METROPOLITAN OAKLANDINTERNATIONAL AIRPORT.

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

Section 1. The Board of Port Commissioners ("Board") hasadopted Port Ordinances Nos. 3439, 3521, 3621, 3651, 3674 and 3714 toestablish rates and charges for certain utilities provided by the PortDepartment within three areas, which include the Metropolitan OaklandInternational Airport ("Airport"), the Oakland Army Base and theremainder of the Port Area. In summary, as the result of theseordinances, and it was and is the intention of the Board, that ratesand charges for electrical power provided by the Port at the Airportare governed by Section 4 of Port Ordinance No. 3439, as amended (seeSection 1 of Port Ordinance No. 3651), rates and charges forelectrical power, natural gas, water and sewer services provided bythe Port at the Oakland Army Base are governed by Section 3 of PortOrdinance No. 3439, as amended (see Section 1 of Port Ordinance No.3714) and rates and charges for electrical power provided by the Portat the remainder of the Port Area are governed by Section 2 of PortOrdinance No. 3439, as amended.

Section 2. Section 4 of Port Ordinance No. 3439, as amended,which establishes rates and charges for electric power provided by thePort at the Airport, is hereby amended as follows:

(a) Those provisions within each of theElectric Rate Schedules "A", "B", "C", "D" and "E" which describe thecosts that are included in establishing the amount of the EnergyCharge (per kWh) and which read as follows: "California PowerExchange and scheduling coordinator fees; congestion charges;" arehereby amended to read as follows: "scheduling coordinator fees;congestion charges; Port labor costs; legal costs; costs to administerand implement public benefit programs".

41349

(b) The amount of the Distribution Charge (perkWh) in Electric Rate Schedule "A" is hereby changed from "$0.06143"to "$0.1053".

(c) The amount of the Distribution Charge (perkWh) in Electric Rate Schedule "B" is hereby changed from "$0.06143"to "$0.1053".

(d) The amount of the Demand Charge (per KW) inElectric Rate Schedule "C" is hereby changed from "$4.175" to"$11.1037".

(e) The amount of the Distribution Charge (perkWh) in Electric Rate Schedule "C" is hereby changed from "$0.02462"to "$0.0473".

(f) Those provisions in Electric Rate Schedule"D" which read as follows:

"(3) RATES:

Service Voltage: Secondary Primary(DS) (DP)

Charge AmountDemand Charge (per KW):Maximum Peak Period Demand $8.5125 $7.225Maximum Partial Peak Period

Demand $3.675 $2.65Maximum Demand $2.55 $2.55"

413492

are hereby amended to read as follows:

"(3) RATES:

Service Voltage: Secondary Primary

(DS) (DP)

Charge AmountDemand Charge (per KW):

Maximum Peak Period Demand

$14.8376 $14.9061

Maximum Partial Peak Period

$8.4576 $6.3763Demand

Maximum Demand

$5.6683 $5.6021"

(g) Those provisions in Electric Rate Schedule"E" which read as follows:

(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"

are hereby amended to read as follows:

413493

"Service Voltage: Secondary Primary

(ES) (EP)


Maximum Peak-Period Demand

$15.412 $15.260

Maximum Partial-Peak

$8.241 $6.657Period Demand

Maximum Demand

$5.718 $6.406

Section 3. This ordinance shall become effective the laterof (a) immediately upon its final approval and (b) January 1, 2003.


John T. Betterton

Adopted at a regular meeting held December 17 , 2002


Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Kramer,Scates, Tagami and President Kiang - 5None

Commissioners Protopappas and Uribe - 2

Attest

President.

Secretary.Appro &Os to form d legality:

Port Attorney

413494


CITY OF OAKLAND

PORT ORDINANCE NO. 3726ORDINANCE APPROVING AND AUTHORIZING THE EXECUTIONOF A WIRELESS TELECOMMUNICATIONS AGREEMENT WITHGTE MOBILNET OF CALIFORNIA.

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

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 GTE MOBILNET OF CALIFORNIA, a California limited partnership,doing business as VERIZON WIRELESS (GTE) for approximately 144 squarefeet of telecommunications room space in Building M-102, plus severalantenna locations to be determined by GTE and as approved by the Port,to be used by Lessee as additional cell sites for telephone and radiocoverage to better service its wireless telecommunications customers,and other purposes incidental and reasonably related thereto for a termof 5 years, at an initial monthly rent of $3,050.00 plus $25 per antennainstalled, said LdLe Lu be iubLdbui. bdbed upuu Cue iubLecte iii LheConsumer 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.11, dated November 19, 2002, as subsequently may be revised pursuant toresolution or ordinance adopted by this Board, and upon such standardterms and conditions as specified in the Lease and approved by theExecutive 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 separatewritten 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 oreffective Agreement.

41517

Ayes:

Noes:

Absent:

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

None

None

Attes

Appr d legality :

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

In Board of Port Commissioners, Oakland, California, November 19,2002. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Kramer, Protopappas, Scates, Tagami, Uribe and President Kiang- 7. Noes: None. Absent: None




Legal No. 0000175983


ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION OF AWIRELESS TELECOMMUNICATIONS

AGREEMENT WITH GTE MOBILNET OFCALIFORNIA.

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

Section 1. The Board of Port Commission-ers ("Board") hereby approves a Wireless Tel-ecommunications Agreement ("Agreement")between the CITY OF OAKLAND, a munici-pal corporation, acting by and through theBoard, and GTE MOBILNET OFCALIFORNIA, a California limited partner-ship, doing business as VERIZON WIRE-LESS (GTE) for approximately 144 squarefeet of telecommunications room space inBuilding M-102, plus several antenna loca-tions to be determined by GTE and as ap-proved by the Port, to be used by Lessee asadditional cell sites for telephone and radiocoverage to better service its wireless tele-communications customers, and other pur-poses incidental and reasonably related there-to for a term of 5 years, at an initial monthlyrent of $3,050.00 plus $25 per antenna instal-led, said rate to be increased based upon theincrease in the Consumer Price Index, but inan amount not less than 3.5% and otherwiseupon the terms and conditions set forth inBoard Agenda Sheet Item No. 11, dated No-vember 19, 2002, as subsequently may be re-vised pursuant to resolution or ordinanceadopted by this Board, and upon such stand-ard terms and conditions as specified in theLease and approved by the ExecutiveDirector,

Section 2. The Board hereby finds and de-termines that this project has been deter-mined to be categorically exempt from re-quirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pur-suant to Class 1 of Guidelines Section15301(p).

Section 3. The Executive Director is here-by authorized to execute said Agreement.

Section 4. This ordinance is not evidenceof and does not create or constitute (a) a con-tract, Lease or the grant of any right, entitle-ment or property interest, or (b) any obliga-tion or liability on the part of the Board or anyofficer or employee of the Board. This ordi-nance approves and authorizes the executionof said Agreement in accordance with theterms of this ordinance. Unless and until aseparate written Agreement is duly executedon behalf of the Board as authorized by thisordinance, is signed and approved as to formand legality by the Port Attorney, and is deliv-ered to Lessee, there shall be no valid or ef-fective Agreement,

Section 5. This ordinance shall take effectthirty (30) days from and after its finaladoption,

In Board of Port Commissioners, Oakland,California, November 19, 2002. Passed toprint for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None


The Oakland Tribune, #175983November 27, 2002

Oakland eibunec/o ANG Newspapers401 13th StreetOakland, CA 94612Le dvertising(8(...., J95-9595 opt.4



In the matter of



)0, adjudicated as suchby the Superior Court of the State of—Llifornia, 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


11/27/02




PORT ORDINANCE No. 3725

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867,AMENDING SECTIONS 2.01, 5.169 and 9.088 ANDADDING NEW SECTION 10.087.


Section 1. Section 2.01 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.

48.4 3263 3395 3525 3686 3854

Section 2. Sections 5.169 and 9.088 of Port Ordinance No. 867 arehereby amended to read as follows:

Section No. of

Salary orNo. Positions Title Schedule No.

5.169 2 Port Assistant Management Analyst 232.2

9.088 2 Lead Painter 101

91367

Section 3. Section 10.087 is hereby added to Port Ordinance No.867 which section shall read as follows:

Section No. of Salary orNo. Positions Title Schedule No

10.087 5 Lead Custodian 48.4

In Board of Port Commissioners, Oakland, California, November 5, 2002.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami, Uribe and President Kiang - 7.Noes: None. Absent: None


Adopted at a regular

meeting held November 19, 2002


Ayes:

Noes:

Absent:


None

None

Attest

President.

Secretary.Appro cd as tolforni and legality :

Port Attorney

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

Legal No. 0000171083


AN ORDINANCE AMENDING PORT OR-DINANCE NO. 867, AMENDING SECTIONS2.01, 5.169 and 9.088 AND ADDING NEW

SECTION 10.087.

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

Section 1. Section 2.01 of Port OrdinanceNo. 867 is hereby amended to add new sal-ary schedule which section shall read asfollows:

SCHEDULE Rate Rate Rate Rate RateNo. a. b. c. d. e.48.4 3263 3395 3525 3686 3854

Section 2. Sections 5.169 and 9.088 ofPort Ordinance No. 867 are hereby amendedto read as follows:

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

5.169 2 Port Assistant 232.2Management

Analyst

9.088 2 Lead Painter 101

Section 3. Section 10.087 is hereby add-ed to Port Ordinance No. 867 which sectionshall read as follows:


10.087 5 Lead Custodian 48.4

In Board of Port Commissioners, Oakland,California, November 5, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scales, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None



Oakland n tibunec/o ANG Newspapers401 13th StreetOakland, CA 94612Lei dvertising(80G, ,95-9595 opt.4


PROOF OF PUBLICATIONFILE NO. 3725

In the matter of


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

10, 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).

11/14/02

P ;If. Notice Advertising Clerk



ORDINANCE AUTHORIZING, APPROVING AND EXECUTING TWOLEASE AMENDMENTS EXTENDING TERMS FOR TWO-YEARS(AMENDMENTS NO. 5, AND NO. 6) WITH THE UNITEDSTATES POSTAL SERVICE.

WHEREAS the Board of Port Commissioners approved and authorizedexecution of a Lease, by Ordinance No. 3180, dated November 16, 1993,with the United States Postal Service ("USPS") (USPS Space #2 (055513-80)) (as subsequently amended), covering 25,600 square feet ofwarehouse space, apron area and paved parking area located in andadjacent to Port Building L-812 on the North Airport, MetropolitanOakland International Airport, for operation of its Air Mail Facilityand related purposes; and

WHEREAS the Board of Port Commissioners approved and authorizedexecution of a Lease, by Ordinance No. 3180, dated November 16, 1993,with the United States Postal Service ("USPS") (USPS Space #3 (055513-81)) (as subsequently amended), covering 28,700 square feet ofwarehouse/office space, apron area and paved parking area, located inand adjacent to Port Building L-812 on the North Airport, MetropolitanOakland International Airport, for operation of its Air Mail Facilityand related purposes; now, therefore,


Section 1. The Board of Port Commissioners ("Board") approvesand authorizes the Executive Director to execute for and on behalf ofthe Board a two-year extension of Lease Amendment No. 5 (USPS Space #2(055513-080)) occupying 25,600 square feet consisting of 8,000 squarefeet of net floor space, 4,800 square feet of parking and maneuveringarea, and 12,800 square fee of apron area, in and adjacent to PortBuilding L-812 on the North Airport for operation of its Air MailFacility, for an additional two (2) year term from January 1, 2003through and including December 31, 2004, and an increase in monthlyrental from $5,791.67 to $11,113.00 per month, at OaklandInternational Airport with the UNITED STATES POSTAL SERVICE,containing the terms and conditions as more fully set forth in AgendaSheet Item No. 19, dated November 5, 2002.

Section 2. The Board approves and authorizes the ExecutiveDirector to execute for and on behalf of the Board a two-yearextension of Lease Amendment No. 6 (USPS Space #3 (055513-081))

41293

Attes

occupying 28,700 square feet, consisting of 10,000 square feet of netfloor space, 2,700 square feet of parking and maneuvering space, and16,000 square feet of apron area, in and adjacent to Port Building L-812 on the North Airport for operation of its Air Mail Facility, foran additional two (2) year term from January 1, 2003 through andincluding December 31, 2004, and an increase in monthly rental from$6,861.67 to $12,458.00 per month, at Oakland International Airportwith THE UNITED STATES POSTAL SERVICE, containing the terms andconditions as more fully set forth in Agenda Sheet Item No. 19, datedNovember 5, 2002.

Section 3. The Board hereby finds and determines that based onthe information set forth in the Agenda Sheet, these projects havebeen determined to be categorically exempt from the requirements ofthe California Environmental Quality Act and the Port CEQA Guidelinespursuant to Class 1 of Guidelines Section 15301(p).

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



Adopted at a regular meeting held November 19 , 2002


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

Noes:

Absent:

None

None

President.

Secretary.

41293

Oakiand ribune Legal No. 0000171153

PORT ORDINANCE NO. 3724c/o ANG Newspapers401 13th StreetCakland, CA 94612Le dvertising

,95-9595 opt.4


PROOF OF PUBLICATIONFILE NO. ORDINANCE 3724

In the matter of

PORT ORDINANCE 3724


)0, 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


11/14/02

I certify (or declare) undo, the penalty of pep !ha'. the foregoing is true and correct.

t Public Notice Advertising Clerk

ORDINANCE AUTHORIZING, APPROVING AND EXECUTING TWO LEASEAMENDMENTS EXTENDING TERMS FOR TWO-YEARS (AMENDMENTS NO. 5, AND

NO. 6) WITH THE UNITED STATES POSTAL SERVICE.

WHEREAS the Board of Port Commissioners approved and authorized execution of aLease, by Ordinance No. 3180, dated November 16, 1993, with the United States Postal Serv-ice ("USPS") (USPS Space #2 (055513-080)) (as subsequently amended), covering 25,600square feet of warehouse space, apron area and paved parking area located in and adjacentto Port Building L-812 on the North Airport, Metropolitan Oakland International Airport, for oper-ation of its Air Mail Facility and related purposes; and

WHEREAS the Board of Port Commissioners approved and authorized execution of aLease, by Ordinance No. 3180, dated November 16, 1993, with the United States Postal Serv-ice ("USPS") (USPS Space #3 (055513-081)) (as subsequently amended), covering 28,700square feet of warehouse/office space, apron area and paved parking area, located in and ad-jacent to Port Building L-812 on the North Airport, Metropolitan Oakland International Airport,for operation of its Air Mail Facility and related purposes; now, therefore,

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Section 1. The Board of Port Commissioners ("Board') approves and authorizes the Execu-

tive Director to execute for and on behalf of the Board a two-year extension of Lease Amend-ment No. 5 (USPS Space #2 (055513-080)) occupying 25,600 square feet consisting of 8,000square feet of net floor space, 4,800 square feet of parking and maneuvering area, and 12,800square fee of apron area, in and adjacent to Port Building L-812 on the North Airport for opera-tion of its Air Mail Facility, for an additional two (2) year term from January 1, 2003 through andincluding December 31, 2004, and an increase in monthly rental from $5,791.67 to $11,113.00per month, at Oakland International Airport with the UNITED STATES POSTAL SERVICE,con-taining the terms and conditions as more fully set forth in Agenda Sheet Item No. 19, dated No-vember 5, 2002.

Section 2. The Board approves and authorizes the Executive Director to execute for and onbehalf of the Board a two-year extension of Lease Amendment No. 6 (USPS Space #3(055513-081)) occupying 28,700 square feet, consisting of 10,000 square feet of net floorspace, 2,700 square feet of parking and maneuvering space, and 16,000 square feet of apronarea, in and adjacent to Port Building L-812 on the North Airport for operation of its Air Mail Fa-cility, for an additional two (2) year term from January 1, 2003 through and including Decem-ber 31, 2004, and an increase in monthly rental from $6,861.67 to $12,458.00 per month, atOakland International Airport with THE UNITED STATES POSTAL SERVICE, containing theterms and conditions as more fully set forth in Agenda Sheet Item No. 19, dated November 5,2002.

Section 3. The Board hereby finds and determines that based on the information set forthin the Agenda Sheet, these projects have been determined to be categorically exempt fromthe requirements of the California Environmental Quality Act and the Port CEQA Guidelinespursuant to Class 1 of Guidelines Section 15301(p).

Section 4. This ordinance is not evidence of and does not create or constitute (a) a con-tract 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 ordinance approves and authorizesthe execution of an agreement or Lease in accordance with the terms of this ordinance. Un-less and until a separate written agreement is duly executed on behalf of the Board as author-ized by this ordinance, is signed and approved as to form and legality by the Port Attorney,and is delivered to other contracting party, there shall be no valid or effective agreement orLease.

In Board of Port Commissioners, Oakland, California, November 5, 2002. Passed to print forone day by the lollowing vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas,Scates, Tagami, Uribe and President Kiang - 7. Noes: None. Absent: None


The Oakland Tribune, # 171153November 14, 2002



ORDINANCE APPROVING ADDITIONAL SIGNATORIES TO THEAIRLINE OPERATING AGREEMENT AND SPACE/USE PERMITAT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.


Section 1. The Executive Director is hereby authorized to enterinto additional individual agreements with additional prospectiveairline carriers providing regularly scheduled and non-scheduledservice at Metropolitan Oakland International Airport ("MOIA") at 1Airport Drive, Oakland, California, as more fully set forth in AgendaSheet Item No. 17, dated November 5, 2002.

Section 2. The following additional scheduled/non-scheduledairlines would enter into a Standard Airline Operating Agreement andSpace/Use Permit:

Mesa Airlines, Inc. (scheduled)Valley Air Express, Inc. (non-scheduled)

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

Industrial Fleet ServiceSuperior Aircraft Services, Inc.SCIS Air Security Corporation

Section 4. The Board of Port Commissioners hereby finds anddetermines that based on the information set forth in the AgendaSheet, these projects have been determined to be categorically exemptfrom the requirements of the California Environmental Quality Act andthe Port CEQA Guidelines pursuant to Class 1 of Guidelines Section15301.

41284

Section 5. This Ordinance is not evidence of and does not createor constitute (a) a contract or Lease, entitlement or property interest,or (b) any obligation or liability on the part of the Board or anyofficer or employee of the Board. This resolution approves andauthorizes the execution of an agreement or Lease in accordance with theterms of this resolution. Unless and until a separate written agreementis duly executed on behalf of the Board as authorized by thisresolution, is signed and approved as to form and legality by the PortAttorney, and is delivered to other contracting party, there shall be novalid or effective agreement or Lease.

In Board of Port Commissioners, Oakland, California, November 5, 2002.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami, Uribe and President Kiang - '7.Noes: None. Absent: None




Ayes:

Noes:

Absent:

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

None

President.

None

Secretary.

Port Attorney

41284

Oakland I ribuneLegal No. 0000171052

PORT ORDINANCE NO. 3723c/n ANG Newspapers401 13th StreetOakland, CA 94612Le( dvertising(80u, J95-9595 opt.4



In the matter of

AIRLINE OPERATING AGREEMENT ANDSPACE/USE PERMIT


10, 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 dale(s):

11/14/02

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 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 scheduledand non-scheduled service at MetropolitanOakland International Airport ("MOIA")at 1 Air-port Drive, Oakland, California, as more fullyset forth in Agenda Sheet Item No, 17, datedNovember 5,2002.

Section 2. The following additionalscheduled/non-scheduled airlines would en-ter into a Standard Airline Operating Agree-ment and Space/Use Permit:

Mesa Airlines, Inc. (scheduled)Valley Air Express, Inc. (non-scheduled)Section 3. The following tenants would

enter into a Space/Use Permit only:Industrial Fleet ServiceSuperior Aircraft Services, Inc.SCIS Air Security CorporationSection 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.

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 ef-fective agreement or Lease.

In Board of Port Commissioners,Oakland, California, November 5, 2002.Passed to print for one day by the follow-ing vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas, Scates,Tagami, Uribe and President Kiang - 7.Noes: None. Absent: None

John BettertonSecretary of the Board





ORDINANCE AUTHORIZING, APPROVING AND EXECUTINGLEASE WITH THE UNITED STATES OF AMERICA, DEPARTMENTOF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION("FAA") FOR THE OPERATION OF A GLIDE SLOPE.


Section 1. The Board of Port Commissioners ("Board") approvesand authorizes the Executive Director to execute for and on behalf ofthe Board an FAA Lease for 72,000 square feet (200 feet by 360 feet)of land in the South Airport airfield between Runway 11 and Taxiway Win the vicinity of the Runway 11 threshold for the establishment,maintenance, and operation of a Glide Slope used in air trafficcontrol and aircraft navigation, from January 1, 2003 through andincluding September 30, 2007, at Oakland International Airport withTHE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERALAVIATION ADMINISTRATION, containing the terms and conditions as morefully set forth in Agenda Sheet Item No. 16, dated November 5, 2002.

Section 2. The Board of Port Commissioners hereby finds anddetermines that based on the information set forth in the AgendaSheet, these projects have been determined to be categorically exemptfrom the requirements of the California Environmental Quality Act andthe Port CEQA Guidelines pursuant to Class 1 of Guidelines Section15301(p).

Section 3. This ordinance is not evidence of and does not createor constitute (a) a contract or Lease, entitlement or property interest,or (b) any obligation or liability on the part of the Board or anyofficer or employee of the Board. This ordinance approves andauthorizes the execution of an agreement or Lease in accordance with theterms of this ordinance. Unless and until a separate written agreementis duly executed on behalf of the Board as authorized by this ordinance,

41291


None

None

Ayes:

Noes:

Absent:

is signed and approved as to form and legality by the Port Attorney, andis delivered to other contracting party, there shall be no valid oreffective agreement or Lease.



Adopted at a regular meeting held November 19, 2002


41291

Pubftp tlotH Cvertising Clerk

Oakland i dbune Legal No. 0000170867


ORDINANCE AUTHORIZING, APPROV-ING AND EXECUTING LEASE WITH THEUNITED STATES OF AMERICA, DEPART-MENT OF TRANSPORTATION, FEDERAL

AVIATION ADMINISTRATION ("FAA") FORTHE OPERATION OF A GLIDE SLOPE.

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

Section 1. The Board of Port Commission-ers ('Board") approves and authorizes the Ex-ecutive Director to execute for and on behalfof the Board an FAA Lease for 72,000 squarefeet (200 feet by 360 feet) of land in the SouthAirport airfield between Runway 11 and Taxi-way W in the vicinity of the Runway 11 thresh-old for the establishment, maintenance, andoperation of a Glide Slope used in air trafficcontrol and aircraft navigation, from January1, 2003 through and including September 30,2007, at Oakland International Airport withTHE UNITED STATES OF AMERICA, DE-PARTMENT OF TRANSPORTATION, FED-ERAL AVIATION ADMINISTRATION, con-taining the terms and conditions as more fullyset forth in Agenda Sheet Item No. 16, datedNovember 5, 2002.

Section 2. 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 3. 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 ordinance approves andauthorizes the execution of an agreement orLease in accordance with the terms of this or-dinance. Unless and until a separate writtenagreement is duly executed on behalf of theBoard as authorized by this ordinance, is sign-ed and approved as to form and legality bythe Port Attorney, and is delivered to othercontracting party, there shall be no valid or el-fective agreement or Lease.

In Board of Port Commissioners, Oakland,California, November 5, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagarni, Uribe andPresident Kiang - 7. Noes: None. Absent:None


The Oakland Tribune, #170867November 14,200

c/o ANG Newspapers4C 1 13th StreetOakland, CA 94612Ler dvertising

,95-9595 opt.4

PORT OF OAKLAND530 WATER STIARVAYNE M.,ATTN: EDITHAHERNANDEZ,OAKLAND CA 94607


In the matter of

port ordinance 3722


10, 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


11/14/02

I certify (or declare) u22Qer the penaltyof py:Mry that the fo,g2ing is true and correct.



ORDINANCE AUTHORIZING, APPROVING AND EXECUTINGLEASE WITH THE UNITED STATES OF AMERICA, DEPARTMENTOF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION("FAA") FOR THE OPERATION OF A MIDDLE MARKER.


Section 1. The Board of Port Commissioners ("Board") approvesand authorizes the Executive Director to execute for and on behalf ofthe Board an FAA Lease for 1,840 square feet (46 feet by 40 feet) ofland in the South Airport airfield approximately 3,500 feet from theRunway 11 threshold for the establishment, maintenance, and operationof a Middle Marker used in air traffic control and aircraftnavigation, from January 1, 2003 through and including September 30,2007, at Oakland International Airport with THE UNITED STATES OFAMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATIONADMINISTRATION, containing the terms and conditions as more fully setforth in Agenda Sheet Item No. 15, dated November 5, 2002.



41292


None

None

Ayes:

Noes:

Absent:






Port Attorney

41292

c/o ANG Newspapers4C i 13th StreetOakland, CA 94612Lei dvertising(80u, ,95-9595 opt.4



In the matter of

port ordinance number 3721


)0, 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


11/14/02

I certify (or declare) under the perla'tyF,oYpbrjury that the foregoing is true and correct.

Put) ictlotice Advertising Clerk


AVIATION ADMINISTRATION ("FAA") FORTHE OPERATION OF A MIDDLE MARKER.


Section 1. The Board of Port Commission-ers ("Board") approves and authorizes the Ex-ecutive Director to execute for and on behalfof the Board an FAA Lease for 1,840 squarefeet (46 feet by 40 feet) of land in the SouthAirport airfield approximately 3,500 feet fromthe Runway 11 threshold lor the establish-ment, maintenance, and operation of a Mid-dle Marker used in air traffic control and air-craft navigation, from January 1, 2003through and including September 30, 2007,at Oakland International Airport with THEUNITED STATES OF AMERICA, DEPART-MENT OF TRANSPORTATION, FEDERALAVIATION ADMINISTRATION, containingthe terms and conditions as more fully setforth in Agenda Sheet Item No. 15, dated No-vember 5, 2002.

Section 2. The Board hereby finds and de-termines that based on the information setforth in the Agenda Sheet, these projectshave been determined to be categorically ex-empt from the requirements of the CaliforniaEnvironmental Quality Act and the Port CEQAGuidelines pursuant to Class 1 of GuidelinesSection 15301(p).

Section 3. 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 ordinance approves andauthorizes the execution of an agreement orLease in accordance with the terms of this or-dinance. Unless and until a separate writtenagreement is duly executed on behalf of theBoard as authorized by this ordinance, is sign-ed and approved as to form and legality bythe Port Attorney, and is delivered to othercontracting party, there shall be no valid or el-1 ectiv e agreement or Lease.

In Board of Port Commissioners, Oakland,California, November 5, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None

John T. Betterlon,Secretary of the Board


Legal No. 0000170860

PORT ORDINANCE NO. 3721Oak! akiibune



ORDINANCE AUTHORIZING, APPROVING AND EXECUTINGLEASE WITH THE UNITED STATES OF AMERICA, DEPARTMENTOF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION("FAA") FOR THE OPERATION OF A MIDDLE MARKER.


Section 1. The Board of Port Commissioners ("Board") approvesand authorizes the Executive Director to execute for and on behalf ofthe Board an FAA Lease for 1,840 square feet (46 feet by 40 feet) ofland in the South Airport airfield approximately 3,500 feet from theRunway 11 threshold for the establishment, maintenance, and operationof a Middle Marker used in air traffic control and aircraftnavigation, from January 1, 2003 through and including September 30,2007, at Oakland International Airport with THE UNITED STATES OFAMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATIONADMINISTRATION, containing the terms and conditions as more fully setforth in Agenda Sheet Item No. 15, dated November 5, 2002.



41292


None

None

Ayes:

Noes:

Absent:






Port Attorney

41292

c/o ANG Newspapers4C i 13th StreetOakland, CA 94612Lei dvertising(80u, ,95-9595 opt.4



In the matter of

port ordinance number 3721


)0, 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


11/14/02

I certify (or declare) under the perla'tyF,oYpbrjury that the foregoing is true and correct.

Put) ictlotice Advertising Clerk


AVIATION ADMINISTRATION ("FAA") FORTHE OPERATION OF A MIDDLE MARKER.


Section 1. The Board of Port Commission-ers ("Board") approves and authorizes the Ex-ecutive Director to execute for and on behalfof the Board an FAA Lease for 1,840 squarefeet (46 feet by 40 feet) of land in the SouthAirport airfield approximately 3,500 feet fromthe Runway 11 threshold lor the establish-ment, maintenance, and operation of a Mid-dle Marker used in air traffic control and air-craft navigation, from January 1, 2003through and including September 30, 2007,at Oakland International Airport with THEUNITED STATES OF AMERICA, DEPART-MENT OF TRANSPORTATION, FEDERALAVIATION ADMINISTRATION, containingthe terms and conditions as more fully setforth in Agenda Sheet Item No. 15, dated No-vember 5, 2002.

Section 2. The Board hereby finds and de-termines that based on the information setforth in the Agenda Sheet, these projectshave been determined to be categorically ex-empt from the requirements of the CaliforniaEnvironmental Quality Act and the Port CEQAGuidelines pursuant to Class 1 of GuidelinesSection 15301(p).

Section 3. 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 ordinance approves andauthorizes the execution of an agreement orLease in accordance with the terms of this or-dinance. Unless and until a separate writtenagreement is duly executed on behalf of theBoard as authorized by this ordinance, is sign-ed and approved as to form and legality bythe Port Attorney, and is delivered to othercontracting party, there shall be no valid or el-1 ectiv e agreement or Lease.

In Board of Port Commissioners, Oakland,California, November 5, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None

John T. Betterlon,Secretary of the Board


Legal No. 0000170860

PORT ORDINANCE NO. 3721Oak! akiibune

President.

Secretary.


CITY OF OAKLAND


ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDING CERTAINSECTIONS RELATING TO TITLE CHANGES.


The following sections of Port Ordinance No. 867 are herebyamended to change the position titles, which section nos. and theirrespective new titles to read as follows:

SectionNo. Title

5.065

Port Human Resource Clerk

13.9

Aviation Security Manager

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


Adopted at a regular meeting held November 5, 2002


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

Noes: None

Absent: None

Attest

App qtred as to ol and legality:

41149

Oaklaiid eibuneLegal No. 0000165075


ORDINANCE AMENDING PORT ORDI-NANCE NO. 867, AMENDING CERTAINSECTIONS RELATING TO TITLECHANGES.


The following sections of Port OrdinanceNo. 867 are hereby amended to change theposition titles, which section nos. and their re-spective new titles to read as follows:

Section

TitleNo.5.065

Port Human ResourceClerk13.9

Aviation Security Manager

In Board of Port Commissioners, Oakland,California, October 22, 2002. Passed to printfor one day by the following vote: Ayes: Corn-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami and PresidentKiang - 6. Noes: None. Absent: Commission-er Uribe - 1.

c/o ANG Newspapers401 13th StreetOakland, CA 94612

dvertising_,95-9595 opt.4

PORT OF OAKLAND530 WATER ST./ARVAYNE M.,ATTN: EDITIIAHERNANDEZ,OAKLAND CA 94607


The Oakland Tribune, #165075October 30, 2002


In the matter of

ORDINANCE AMENDING PORTORDINANCE NO. 867


)0, adjudicated as suchby the Superior Court of the State ofCounty 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


10/30/02

I certify (or de re n er the pen erjury tha the foregoing is true and correct.

ce Advertising



AN ORDINANCE AMENDING PORT ORDINANCE NO. 3666 TOCONFORM PORT OF OAKLAND LIVING WAGE REQUIREMENTSTHEREIN TO REQUIREMENTS SET FORTH IN SECTION 728OF THE CHARTER OF THE CITY OF OAKLAND, ENTITLED,"LIVING WAGE AND LABOR STANDARDS AT PORT-ASSISTEDBUSINESSES" AND ADDING PROVISIONS MAKING EFFECTIVEAPPLICATION OF SECTION 728 OF THE CHARTER TOCERTAIN MONTH-TO-MONTH TENANCIES.


Section 1. The Statement of Purpose shall be amended by theaddition thereto of the following paragraphs:

"7. On December 4, 2001, the Oakland City Council passedResolution 76664 C.M.S., "A Resolution Submitting, on the CityCouncil's own Motion a Proposed Charter Amendment, entitled`Living Wage and Labor Standards at Port-Assisted Businesses' tobe Submitted to the Electors at the Nominating Municipal Electionon March 5, 200..."

"8. The City Council approved Resolution 76664 C.M.S.,reciting, among the reasons and purposes for its actions, thefollowing:

"...[that] Contractors and lease holders receive a substantialbenefit from doing business at the Port of Oakland, in partbecause of the large public investment in infrastructure,such that it is fair to require them to adhere to certainminimum labor standards in dealing with their employees atthe Port; and

"9. Measure I (hereinafter "§728") was approved by thevoters of the City of Oakland on March 5, 2002, and becameeffective on April 25, 2002.

"10. On August 6, 2002, the Board of Port Commissioners(hereinafter "Board") approved Board of Port CommissionersResolution No. 02244, a resolution finding and determining thatit is in the best interest of the Port to terminate holdover and

1 40141

other month to month tenancies with tenants that meet certainminimum threshold requirements for coverage Under City CharterSection 728, and authorizing and directing the Executive Directorto terminate same and enter into new agreements or whereappropriate in lieu of termination, amend the terms of saidtenancies and to extend coverage of Section 728 to same.

"11. The Board approved Resolution No. 02244, reciting,among the reasons and purposes for its actions, the following:

"...[that] it is in the best interest of the Port tofacilitate the enjoyment of certain benefits derived fromthe Port's infrastructure investment to employees of saidexisting holdover month-to-month tenants who provide Airportor Maritime related or Airport or Maritime area services,but who are least able to enjoy such benefits because oflimited market driven compensation levels paid outside thePort area, by adopting a policy that broadly interprets andapplies Section 728 to said existing holdover month-to-monthtenants; and

"... [that] it is in the best interest of the Port to adopt apolicy that broadly interprets and applies Section 728 tosaid existing holdover month-to-month tenants, in partbecause such application enriches the Port community,provides for job-force stability in and around the Maritimeand Aviation facilities, and allows Port contractors toattract and retain talented individuals for Port-relatedwork; and

[that] said existing month-to-month tenancies areterminable, and many are also expressly subject to change,upon 30 days written notice.

"12. The Board finds and determines that to effectuate theintent of voters, in approving §728, to raise wage rates toliving wage rates for employees of businesses with Port contractswho otherwise meet the requirements for coverage under §728, andavoid depriving workers of the benefit of living wage rate(s) foran indeterminate length of time, it is necessary to terminatecertain holdover and other month-to-month tenancies that wouldremain unchanged, long term, under usual Port practices, andenter into new or amended agreements that incorporate theemployer obligations and minimum employee wage rates under §728into said agreements.

"13. The Board finds and determines that it is in the bestinterest of the Port to reconcile and simplify living wagerequirements applicable to Port contractors, financial assistancerecipients and Port tenants by amending Port Ordinance No. 3666to conform employer obligations and minimum compensation ratesthereunder to the requirements set forth in Section 728 of theCharter of the City of Oakland.

2 40141

Section 2. The definitions set forth in Section 2 of PortOrdinance No. 3666 for "Contractor", "Port Assistance and "ServiceContract" shall be amended to read as follows:

"Contractor" means any person employing more than 20employees per pay period, unless in the prior 12 pay periods theperson has not had more than 20 such employees and will not have morethan 20 such employees in the next 12 pay periods, that enters into aservice contract with the Port for work to be performed at the Portunder which the Port is expected to pay more than $50,000 over theterm of the contract.

"Port Assistance" means direct assistance in the form ofgrants or financial subsidies in an amount exceeding $50,000 in anyfiscal year.

"Service Contract" means a contract by the Port for thefunding of services to or for the Port, to be performed at the Port,except where services are incidental to the delivery of products,equipment or commodities, that involves an expenditure in excess of$50,000. A contract for the purchase or lease of goods, products,equipment, supplies or other property is not a "service contract" forpurposes of this definition. A construction contract covered by alocal, state or federal prevailing wage statute is not a "servicecontract".

Section 3. Section 3 of Port Ordinance No. 3666 shall be amendedto read as follows:

"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 thisOrdinance. The initial rate for fiscal year 2001-2002 shall be$9.13 per hour worked with health benefits, as described below,or otherwise $10.50 per hour. Such rates shall be upwardlyadjusted annually in proportion to the increase on December 31 ofeach year over the immediately preceding December 31 of theConsumer Price Index - U for the San Francisco - Oakland - SanJose Area. The Port shall publish a bulletin by April 1 of eachyear announcing the adjusted rates, which shall take effect onthe following July 1. The adjusted rates for fiscal year 2001-2002 are $9.13 per hour worked with health benefits and $10.50without 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, adjusted annually in the same manner asprovided in Section 3(a) above. Employees who decline healthbenefits shall not qualify for the higher wage rate establishedin (a) above.

3 40141

(c) Compensated Days Off: Employees shall be entitled toat least twelve (12) compensated days off for sick leave,vacation or personal necessity upon reasonable request.Employees who work part time shall be entitled to accruecompensated days off in increments proportional to that accruedby full-time employees. Employees shall be eligible to useaccrued days off after the first 6 months of satisfactoryemployment or consistent with employer policy, whichever issooner. Paid holidays, consistent with established employerpolicy, may be counted toward provision of the required 12compensated days off."

Section 4. Port Ordinance No. 3666 shall be amended by theaddition thereto of Section 13.A to read as follows:

"Section 13.A. Incorporation of Section 728 of the Charterof the City of Oakland by Reference and Application to Month-to-Month Tenancies, and Commencement Date.

"The Provisions of Section 728 of the Charter of the City ofOakland are by this reference incorporated herein and made a parthereof. As a part of this Ordinance, Section 728 of the Charterof the City of Oakland shall be applicable to all holdover andother month-to-month tenants of the Aviation or Maritimedivisions, that meet Section 728's other minimum thresholdrequirements, where the tenants have contracts, leases, licenseand concessionaire agreements, use permits, preferentialassignments or other forms of tenancy, occupation or operationsagreements with the Port lasting 29 consecutive days or longer,commencing, on or after the Effective Date of this Ordinance,upon the first day of the month of the respective term of saidagreement(s), or their renewal."

Section 5. Port Ordinance No. 3666 shall be amended by theaddition thereto of Section 13.B to read as follows:

"Section 13.B. Provision of Minimum Compensated Days toEmployees by Port-Assisted Businesses.

"Port-Assisted Businesses" as that term is defined inSection 728 of the Charter of the City of Oakland and all otherbusinesses subject to the provisions of Section 728 of theCharter pursuant to the provisions of this Ordinance, shallprovide to employees, in addition to the minimum compensation setforth in Article 728.3 of the Charter of the City of Oakland, thecompensation set forth in Section 3(c) of Port Ordinance No.3666.

Section 6. Port Ordinance No. 3666 shall be amended by theaddition thereto of Section 13.0 to read as follows:

4 40141

"Section 13.C. Effective Date of Sections 1 through 5 ofthis Ordinance.

"Port Ordinance No. 3666, as amended by Sections 1 through 5of this Ordinance shall be effective commencing November 1, 2002,subject to the following limitation. The provisions of thisOrdinance, as amended, shall not reduce the living wagecompensation of any person that is in effect and applicable underthe terms of Port Ordinance 3666 prior to the effective datehereof."

In Board of Port Commissioners, Oakland, California, October 1,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Protopappas, Tagami, Uribe andPresident Kiang - 6. Noes: None. Absent: Commissioner Scates - 1.


Adopted at a adjourned regular meeting held October 22, 2002


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

Noes:

Absent:

None

Commissioner Uribe -

President.

Attest(Secretary.

Approved as tit fa:in and gality :

Port Attorney

5 40141

Absent: Commissioner Kramer'-

Attest



AN ORDINANCE AMENDING SECTIONS 5.023 AND 5.0236OF PORT ORDINANCE NO. 867.


Sections 5.023 and 5.0236 of Port Ordinance No. 867 are herebyamended to read as follows:


5.023 1

Port Insurance Technician 222.66

5.0236 1

Workers' Compensation Port ClaimsTechnician

222.66

In Board of Port Commissioners, Oakland, California, September 3, 2002.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami, Uribe and President Kiang - 7.

Noes: None. Absent: None.

Adopted at a regular meeting held September 17, 2002


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

Noes: None


Ayes:

Secretary.Approved as to for and legality:

40363


Legal No. 0000144314


AN ORDINANCE AMENDING SECTIONS 5.023 AND 5.0236 OF PORT ORDINANCENO. 867.

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

Sections 5.023 and 5.0236 of Port Ordinance No. 867 are hereby amended to read asfollows:

Section No. No. of Positions Title Salary or Schedule No.5.023 1 Port Insurance 222,66

Technician5.0236 1 Workers' Compensation 222.66

Port Claims Technician

In Board of Port Commissioners, Oakland, California, September 3, 2002. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer,Protopappas, Scales, Tagami, Uribe and President Kiang - 7. Noes: None. Absent: None.


Oaklanai tibunec/o ANG Newspapers401 13th StreetOakland, CA 94612Ler dvertising(8(k., A5-9595 opt.4

The Oakland Tribune, #144314September 11, 2002

PROOF OF PUBLICATIONFILE NO. PORT ORD #867

In the matter of

AN ORDINANCE AMENDING SECTIONS5.023


)0, 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


9/11/02

I certify (or d cl e) under th arty of y ,y that the foregoing is true and correct.


CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCUMENTS TO PACIFIC GAS ANDELECTRIC COMPANY (PG&E) FOR LAND AREA BETWEEN ANEXISTING VAULT TO A NEW VAULT TO ACCOMMODATEFUTURE MAINTENANCE.

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

Section 1. Based upon the information contained in Board AgendaSheet Item No. 22 dated September 3, 2002 (herein the "AgendaSheet"), the Board of Port Commissioners hereby approves and authorizesthe Executive Director to execute for and on behalf of the Board anddeliver to PACIFIC GAS AND ELECTRIC COMPANY ("PGE"), a Californiacorporation, a permanent utility easement for approximately 110 feetof land area in the northeast corner of the Embarcadero Executive Innexpansion site to accommodate future maintenance of electrical serviceand said easement shall contain such terms and conditions as theExecutive Director or Port Attorney may determine necessary in orderto protect the interests of the Port.

Section 2. This ordinance is not evidence of and does not createor constitute (a) a contract or the grant of any right, entitlement orproperty interest or (b) any obligation or liability on the part ofthe Board or any officer or employee of the Board. This ordinanceapproves and authorizes the execution of said easement in accordancewith the terms of this ordinance. Unless and until a separate writteneasement is duly executed on behalf of the Board as authorized by thisordinance, are signed and approved as to form and legality by the PortAttorney and is delivered to PGE, there shall be no valid or effectiveeasement.

38599-1


In Board of Port Commissioners, Oakland, California, September 3,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami,Uribe and President Kiang - 7. Noes: None. Absent: None.




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

Noes:

Absent:

None

Commissioner Kramer

Attes

President.

Secretary.App oved aso in a d legality:

(4-A Port Attorney,/

Legal No. 0000144301

PORT ORDINANCE NO. 3716Oakland ifibunec/o ANG Newspapers401 13th StreetOakl a nd, CA 94612Lesdvertising(80u, J95-9595 opt.4


ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASE-MENT DOCUMENTS TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR LANDAREA BETWEEN AN EXISTING VAULT TO A NEW VAULT TO ACCOMMODATE FUTUREMAINTENANCE.

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

Section 1. Based upon the information contained in Board Agenda Sheet Item No. 22 dat-ed September 3, 2002 (herein the "Agenda Sheer), the Board of Port Commissioners herebyapproves and authorizes the Executive Director to execute for and on behalf of the Board anddeliver to PACIFIC GAS AND ELECTRIC COMPANY ("PGE"), a California corporation, a per-manent utility easement for approximately 110 feet of land area in the northeast corner of theEmbarcadero Executive Inn expansion site to accommodate future maintenance of electricalservice and said easement shall contain such terms and conditions as the Executive Directoror Port Attorney may determine necessary in order to protect the interests of the Port,

Section 2. This ordinance is not evidence of and does not create or constitute (a) a con-tract 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 andauthorizes the execution of said easement in accordance with the terms of this ordinance. Un-less and until a separate written easement is duly executed on behalf of the Board as author-ized by this ordinance, are signed and approved as to form and legality by the Port Attorneyand is delivered to PGE, there shall be no valid or effective easement.

Section 3. This ordinance shall take effect thirty (30) days from and after its final adoption.In Board of Port Commissioners, Oakland, California, September 3, 2002. Passed to print

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


The Oakland Tribune, #144301September 11, 2002

PROOF OF PUBLICATIONFILE NO. PORT ORD. #3716

In the matter of

ORDINANCE APPROVING ANDAUTHORIZING EXECUTION AND

nci II/COV r A C=RIMAIT rle"! liumAii-CThe undersigned deposes that he/she is the Public NoticeAdvertising Clerk of the OAKLAND TRIBUNE, a newspaperof general circulation as defined by Government Code Section

'10, 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


9/11 /02



AN ORDINANCE AMENDING PORT ORDINANCE NO. 2392RELATING TO THE CONFLICT OF INTEREST CODE OFTHE BOARD OF PORT COMMISSIONERS OF THE CITYOF OAKLAND

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

Section 1. Adoption of Code.

In compliance with the Political Reform Act, GovernmentCode sections 81000 et seq., the Board by Ordinance No. 2392adopted a Conflict of Interest Code as specifically required byGovernment Code section 87300. The Fair Political PracticesCommission (FPPC) adopted a regulation as 2 California Code ofRegulations 8 18730, which contains the terms of a standardconflict of interest code and which the FPPC recommends thatlocal agencies incorporate by reference into conflict of interestcodes. Such incorporation by reference is deemed valid codeamendment within the meaning of Government Code section 87306 ifthe terms of this regulation are substituted for terms of aconflict of interest code already in effect.

Section 2. Amendment of Code.

The terms of FPPC regulation contained in 2 CaliforniaCode of Regulations 8 18730 and any amendments to it duly adoptedby the FPPC, along with the attached Appendix A in whichemployees are designated and the attached Appendix B in whichdisclosure categories are set forth, are hereby incorporated byreference into and substituted for the terms of the currently-in-effect Conflict of Interest Code of the Board of PortCommissioners of the City of Oakland. Exhibit A shall be amendedfrom time to time to add or delete designated employees asapproved by the Port Attorney and shall be maintained on filewith the Secretary to the Board.

28376

Designated employees shall file their statements ofeconomic interests with the Secretary to the Board who will makethe statements available for public inspection and reproductionas required by Government Code section 81008. Statements for alldesignated employees will be retained by the Secretary.

Section 3. Effective Date.

This amendment to the Conflict of Interest Code shallnot take effect until it has been approved by the City Council,the code-reviewing body. The code-reviewing body will considerthe proposed code in accordance with Government Code Section87306 and when this code as amended is approved by the code-reviewing body, it shall be deemed adopted and shall bepromulgated by the Port of Oakland.

In Board of Port Commissioners, Oakland, California, August 6, 2002.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas, Tagami, Uribe and President Kiang - 6. Noes:None. Absent: Commissioner Scates - 1.


Adopted at a regular meeting held September 3 , 2002


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

Noes: None

Absent: None

',-Approved as to form and legality:

Attes

L

Port Attorney

28376

Board of Port Commissioners of the City of OaklandConflict of Interest Code

Designated Positions

APPENDIX A

Members of the Board of Port CommissionersAdministrative Services Manager VAirport ManagerAirport Operations Manager, AirsideAirport Operations Manager, LandsideAirport Terminal Services ManagerArt DirectorAssistant Port AttorneyAudit ManagerAviation Capital Program AdministratorAviation Commercial Rep V-Marketing & CommunicationsAviation Division Finance ManagerAviation Facilities Maintenance ManagerAviation Marketing ManagerBuilding Services ManagerChief EngineerChief Financial OfficerChief Technology OfficerChief WharfingerCommercial Real Estate ManagerCommercial Representative IVCommercial Representative VCommercial Representative V-AContract Compliance OfficerDeputy Executive DirectorDeputy Port Attorney IIDeputy Port Attorney IIIDeputy Port Attorney IVDirector of AdministrationDirector of AviationDirector of Commercial Real EstateDirector of CommunicationsDirector of EngineeringDirector of Equal OpportunityDirector of Maritime ActivitiesDirector of the Office of Strategic and Policy PlanningExecutive DirectorGeneral Manager, Central FacilitiesGovernment Affairs SpecialistHuman Resources ManagerManager of Airport PropertiesManager of Capital Program and Budget ServicesManager of Construction Pricing and Insurance ServicesManager of Environmental Health/Safety Compliance

28376

Manager of General AviationManager of Governmental AffairsManager of Harbor Facilities MaintenanceManager of Information TechnologyManager of North FieldManager of Port Dredging ProgramsManager of Purchasing DepartmentManager of Systems and ProgrammingMaritime Marketing ManagerOrganizational Development ManagerPort Accounting ManagerPort AttorneyPort AuditorPort Employment Resources CoordinatorPort Environmental ManagerPort Maintenance & Construction SupervisorPort Permit CoordinatorPort Principal EngineerPort Supervising Electrical Mechanical EngineerPrincipal Port Safety AdministratorProgram Director, Airport Terminal ExpansionRisk ManagerSafety OfficerSecretary of the BoardSenior Management Assistant Marine/Commercial Representative V-ASenior Maritime Commercial RepresentativeSpecial Assistant to Executive Director - Airport PropertiesExpansion Program

Supervising Civil EngineerTrade Research SupervisorWorkers' Compensation AdministratorConsultants *

* Consultants shall be included in the list of designatedemployees and shall disclose pursuant to the broadestdisclosure category in the code subject to the followinglimitation:

The Executive Director may determine in writing that aparticular consultant, although a "designated position,"is hired to perform a range of duties that is limited inscope and thus is not required to comply fully with thedisclosure requirements described in this section. Suchdetermination shall include a description of theconsultant's duties and, based upon that description, astatement of the extent of disclosure requirements. TheExecutive Director's determination is a public record andshall be retained for public inspection in the samemanner and location as this conflict of interest code.

28376

APPENDIX B

When a designated employee is required to discloseinvestments and sources of income, the employee need onlydisclose investments in business entities and sources of incomewhich do business in the jurisdiction of the Board of PortCommissioners, plan to do business in the jurisdiction or havedone business in the jurisdiction within the past two years. Inaddition to other activities, a business entity is doing businesswithin the jurisdiction if it owns property within thejurisdiction. When a designated employee is required to discloseinterests in real property, the employee need only disclose realproperty which is located in whole or in part within or not morethan two miles outside the boundaries of the Port Area or withintwo miles of any land owned or used by the Port of Oakland.

Disclosure Categories

The following disclosure categories are herebyestablished:

Category 1: Persons in this category shall disclose allinvestments, business positions in businessentities, and sources of income of the type whichwithin the past two years have contracted with thePort of Oakland to supply goods or servicesutilized by the Port of Oakland.

Category 2: Persons in this category shall disclose allinvestments, business positions in businessentities, and sources of income, which arecontractors or subcontractors, engaged in theperformance of work or the provision of servicesof the type utilized by the Port of Oakland.

Category 3: Persons in this category shall disclose allinvestments, business positions in businessentities, and sources of income, which have filedclaims against the Port of Oakland.

Category 4: Persons in this category shall disclose allinterests or investments and business positions inbusiness entities, and sources of income, whichengage in land development, construction or theacquisition or sale of real property within thePort Area of the City of Oakland, and allinterests in real property within the Port Area ofthe City of Oakland.

28376

Category 5: Persons in this category shall disclose allinvestments, business positions in businessentities, and sources of income, which are subjectto the regulatory, permit or licensing authorityof the Port of Oakland.

Designated Positions Categories Disclosed

Members of the Board of Port Commissioners All

Others Listed All

28376

e and correct.

Oakland L i dbuneLegal No. 0000132023

PORT ORDINANCE NO. 3715c/o ANG Newspapers401 13th StreetGa10-nd, CA 94612Le ,dvertising(80u, J95-9595 opt.4


AN ORDINANCE AMENDING PORTORDINANCE NO. 2392 RELATING TO THE CONFLICT OF INTEREST CODE OF THE

BOARD OF PORT COMMISSIONERS OF THE CITY OF OAKLAND


Section 1. Adoption of Code.In compliance with the Political Reform Act, Government Code sections 81000 et seq., the

Board by Ordinance No, 2392 adopted a Conflict of Interest Code as specifically required byGovernment Code section 87300. The Fair Political Practices Commission (FPPC) adopted aregulation as 2 California Code of Regulations section 18730, which contains the terms of astandard conflict of interest code and which the FPPC recommends that local agencies incor-porate by reference into conflict of interest codes, Such incorporation by reference is deemedvalid code amendment within the meaning of Government Code section 87306 if the terms ofthis regulation are substituted for terms of a conflict of interest code already in effect.

Section 2. Amendment of Code.The terms of FPPC regulation contained in 2 California Code of Regulations section 18730

and any amendments to it duly adopted by the FPPC, along with the attached Appendix A inwhich employees are designated and the attached Appendix B in which disclosure categoriesare set forth, are hereby incorporated by reference into and substituted for the terms of thecurrently-in-effect Conflict of Interest Code of the Board of Port Commissioners of the City ofOakland. Exhibit A shall be amended from time to time to add or delete designated employ-ees as approved by the Port Attorney and shall be maintained on file with the Secretary to theBoard.

Designated employees shall file their statements of economic interests with the Secretary tothe Board who will make the statements available for public inspection and reproduction as re-quired by Government Code section 81008. Statements for all designated employees will beretained by the Secretary.

Section 3. Effective Date.This amendment to the Conflict of Interest Code shall not take effect until it has been ap-

proved by the City Council, the code-reviewing body. The code-reviewing body will considerthe proposed code in accordance with Government Code Section 87306 and when this codeas amended is approved by the code-reviewing body, it shall be deemed adopted and shallbepromulgated by the Port of Oakland.

In Board of Port Commissioners, Oakland, California, August 6, 2002. Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas,Tagami, Uribe and President Kiang - 6. Noes: None. Absent: Commissioner Scates - 1.


The Oakland Tribune, # 132023August 21, 2002

PROOF OF PUBLICATIONFILE NO. ORD 3715

In the matter of


)0, 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




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. 3651, is herebyamended to read as follows:

"A new Section 3 is hereby added to Port Ordinance No.3439, 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:

(1) Electricity: The cost to the Port plus aservice charge of 10%.

(2) Natural Gas: The cost to the Port plus aservice charge of 10%.

(3) Water: The cost to the Port plus a servicecharge of 10%.

(4) Sewer: The cost to the Port plus a servicecharge of 10%."

39949

Secretary.

Section 2. This ordinance shall be effective immediately uponits final approval.



Adopted at a regular meeting held September 3 , 2002



Noes :

Absent:

Approved as to

None

None

rm and legality :

Port Attorney

2

39949

Wand 'reibuneLegal No. 0000132014

PORT ORDINANCE NO. 3714ANG Newspapers

401 13th StreetOakl a nd, CA 94612Let ivertising(80(, 095-9595 opt.4


PROOF OF PUBLICATIONFILE NO. ORD# 3714

In the matter of

AN ORDINANCE AMENDING PORTORDINANCE NO. 3439


)0, adjudicated as suchby the Superior Court of the State ofL,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


8/21/02

I certify (or declare) under the •enalty of perjury hat the foregoing is tr and correct.

AN ORDINANCE AMENDING PORTORDINANCE NO. 3439 AND ESTABLISHING RATES AND CHARGES FOR ELECTRI-

CAL POWER AND OTHER UTILITIESPROVIDED BY THE PORT AT THE

OAKLAND ARMY BASE.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Section 1. Section 3 of Port Ordinance No, 3651, is hereby amended to read as follows:

"A new Section 3 is hereby added to Port Ordinance No. 3439, as amended, providing asfollows:

Section 3. The following rates and charges shall apply to the Port Department's provisionof electric power, natural gas, water and sewer services to any person or entity at the OaklandArmy Base unless a written agreement between the Board and such person or entity otherwiseprovides:

1 Electricity: The cost to the Port plus a service charge of 10%.2 Natural Gas: The cost to the Port plus a service charge of 10%.3 Water: The cost to the Port plus a

service charge of 10%.(4)Sewer: The cost to me Port plus a

service charge of 10%."

Section 2. This ordinance shall be effective immediately upon its final approval.

In Board of Port Commissioners, Oakland, California, August 6, 2002. Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas,Tagami, Uribe and President Kiang - 6. Noes: None. Absent: Commissioner Scales - 1.


The Oakland Tribune, #132014August 21, 2002


CITY OF OAKLAND

PORT ORDINANCE NO. 3713ORDINANCE AUTHORIZING, APPROVING AND EXECUTINGLEASE MODIFICATION/SUPPLEMENT NO. 5 WITH THE UNITEDSTATES OF AMERICA, DEPARTMENT OF TRANSPORTATION,FEDERAL AVIATION ADMINISTRATION.


Section 1. The Board of Port Commissioners ("Board") approvesand authorizes the Executive Director to execute for and on behalf ofthe Board the Lease Modification/Supplement No. 5 ("Lease") extendinglease 41DTFA08-92-L-14049, dated September 15, 1991, for Building M-102and Building M-104, for an additional five (5) year term from October1, 2002 through and including September 30, 2007, and an increase inmonthly rental from $2,143.64 to $2,700.00 per month, at OaklandInternational Airport with THE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, containing the termsand conditions as more fully set forth in Agenda Sheet Item No. 5S,dated August 6, 2002.

Section 2. The Board of Port Commissioners hereby finds anddetermines that based on the information set forth in the AgendaSheet, these projects have been determined to be categorically exemptfrom the requirements of the California Environmental Quality Act andthe Port CEQA Guidelines pursuant to Class 1 of Guidelines Section15301(p).

Section 3. This ordinance is not evidence of and does not createor constitute (a) a contract or Lease, entitlement or property interest,or (b) any obligation or liability on the part of the Board or anyofficer or employee of the Board. This ordinance approves andauthorizes the execution of an agreement or Lease in accordance with theterms of this ordinance. Unless and until a separate written agreement

39917

is duly executed on behalf of the Board as authorized by this ordinance,is signed and approved as to form and legality by the Port Attorney, andis delivered to other contracting party, there shall be no valid oreffective agreement or Lease.






Noes:

Absent:

None

None

Approved as to form and legality :

Attes

President.

Secretary.

Port Attorney

Oakland ibune;/o ANG Newspapers401 13th StreetOakland, CA 94612Let lvertising(80L, ,95-9595 opt.4



In the matter of

USA DEPT OF TRANSP, FEDERALAVIATION ADMINISTRATION


111 nolinotionforl onobl-n71-1,n Pornot nf 14,n Qfni, nf

..alifomia, 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


8/21/02

I certify (or declare) under t nalty of perjury hat a foregoing is truejand correct.

ng C

Legal No. 0000132034


ORDINANCE AUTHORIZING, APPROVING AND EXECUTING LEASEMODIFICATION/SUPPLEMENT NO. 5 WITH THE UNITED STATES OF AMERICA, DEPART-MENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Section 1. The Board of Port Commissioners ("Board" approves and authorizes the Execu-

tive Director to execute for and on behalf of the Board ti e Lease Modification / SupplementNo. 5 ("Lease") extending lease #DTFA08-92-L-14049, dated September 15, 1991, for BuildingM-102 and Building M-104, for an additional five (5) year term from October 1, 2002 throughand including September 30, 2007, and an increase in monthly rental from $2,143.64 to$2,700.00 per month, at Oakland International Airport with THE UNITED STATES OFAMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRA-TION, containing the terms and conditions as more fully set forth in Agenda Sheet Item No.5S, dated August 6, 2002.

Section 2. The Board of Port Commissioners hereby finds and determines that based onthe information set forth in the Agenda Sheet, these projects have been determined to be cate-gorically exempt from the requirements of the California Environmental Quality Act and thePort CEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p).

Section 3. This ordinance is not evidence of and does not create or constitute (a) a con-tract 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 ordinance approves and authorizesthe execution of an agreement or Lease in accordance with the terms of this ordinance. Un-less and until a separate written agreement is duly executed on behalf of the Board as author-ized by this ordinance, is signed and approved as to form and legality by the Port Attorney,and is delivered to other contracting party, there shall be no valid or effective agreement orLease.

In Board of Port Commissioners, Oakland, California, August 6, 2002. Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas,Tagami, Uribe and President Kiang - 6. Noes: None. Absent: Commissioner Scates - 1.

JOHN T. BETTERTONSecretary of the Board



CITY OF OAKLAND


ORDINANCE AMENDING SECTION 1.191 OF PORT ORDINANCENO. 867 PROVIDING PROFESSIONAL DEVELOPMENT BENEFITSFOR CERTAIN OFFICERS AND EMPLOYEES.


Subsection 2 of Section 1.191 of Port Ordinance No. 867 shall beamended to read as follows:

"2. With respect to permanent employees in EmployeeRepresentation Units D, E, and H an employee shall beeligible for reimbursement for expenses incurred forprofessional development, subject to budget approval forsame by the Board, not to exceed $500.00 for the fiscal yearperiod 1997-98; $600.00 for the fiscal year period 1998-99;$700.00 for the fiscal year period 1999-2000; $800.00 forthe fiscal year period 2000-2001; $900.00 for the fiscalyear period 2001-2002; and $900.00 for the fiscal yearperiod 2002-2003, subject to the exceptions and provisionsset forth at Section 3 below:".

In Board of Port Commissioners, Oakland, California, July 16, 2002.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami, Uribe and President Kiang - 7.Noes: None. Absent: None.


Adopted at a regular meeting held August 6, 2002


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

Noes:None

Absent:Commissioner Scates - 1

Attest

Approved as to, forth and legality:

?he Oakland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 293-2601

Legal No. 129161

' PORT ORDINANCE NO. 3712 PROOF OF PUBLICATIONAMLiltliNG See LION 1.1tr: OF PORT OROMANC.6 NO. 867 PROVIDING

ROFESSIONAL DEVELOPMENT BENEFITS FOR CERTAIN OFFICERS ANDMPLOYEES.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Subsection 2 of Section 1.191 of Port Ordinance No. 867 shall be amended to read as

>flows:"2. With respect to permanent employees in Employee Representation Units D, E, and H

n employee shall be eligible for reimbursement for expenses incurred for professional devel-pment, subject to budget approval for same by the Board, not to exceed $500.00 for the fis-al year period 1997-98; $600.00 for the fiscal year period 1998-99; $700.00 for the fiscal yeareriod 1999-2000; $800.00 for the fiscal year period 2000-2001; $900.00 for the fiscal year pee-d 2001-2002; and $900.00 for the fiscal year period 2002-2003, subject to the exceptions androvistons set forth atSection 3 below:".

In Board of Port Commissioners, Oakland, California, July 16, 2002. Passed to print for oneay by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas,'cotes, Tagami, Uribe and President Kiang - 7. Noes: None, Absent: None.

JOHN T. BETTERTONSecretary of the Board


In the matter of:


Thp iinciprcinnpri hpinw ri p nnspc anci cave that h p/chp wa g the nithlir.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 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

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

AUGUST 7, 2002

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


The Oakland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 293-2601

Legal No. 129161

PROOF OF PUBLICATION

In the matter of:


'he undersigned below, deposes and says that he/she was the publiclotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofeneral circulation as defined by Government Code Section300 adjucated as such by the Superior Court of the State ofalifornia, County of Alameda (Order Nos. 237798, December 4,)51) which is published and circulated in Oakland Township in saidrunty and state seven days a week.

iat the

PUBLIC NOTICE

vhich the annexed is a printed copy, was published in every issuehe OAKLAND TRIBUNE, on the following dates:

AUGUST 7, 2002

tify (or declare) under the penalty of perjury that the foregoing isand correct.

Notice Advertising Clerk


PORT ORDINANCE NO. 3711AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 AMENDINGSECTION 2.07 AND ADDING SECTION 1.292 RATIFYING ANDFIXING THE COMPENSATION OF CERTAIN EMPLOYEES OF THEPORT DEPARTMENT.


Section 1. The salary schedules set forth in Section 2.07, ofPort Ordinance No. 867 shall be and the same are hereby amended byincreasing the rates of compensation set forth on said salary schedulesby an additional five percent (5%) effective July 1, 2001 and by anadditional one percent (1%) effective January 1, 2002.

Section 2. The salary schedules set forth in Section 2.07, ofPort Ordinance No. 867 shall be and the same are hereby amended byincreasing the rates of compensation set forth on said salary schedules

(5%), with a contract re-opener if two percent (2%) or under or sixpercent (6%) or over effective July 1, 2003 and July 1, 2004.

Section 3. Section 1.292 is hereby added to Port OrdinanceNo. 867 to read as follows:

-Sec. 1.292. In addition to the compensation otherwiseprovided herein each person employed in a regular positionbelonging to Employee Representation Unit C on the effectivedates hereof, at the rates indicated below, shall beentitled to an additional five percent (50) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective July 1, 2001.

In addition to the compensation otherwise providedherein each person employed in a regular position belongingto Employee Representation Unit C on the effective dateshereof, at the rates indicated below, shall be entitled toan additional one percent (1%) of the compensation fixed forhis or her services, calculated to the nearest dollar,effective January 1, 2002.

In addition to the compensation otherwise providedherein each person employed in a regular position belongingto Employee Representation Unit C on the effective dateshereof, at the rates indicated below, shall be entitled to

38648

an additional increase determined by a CPI formula withminimum of three percent (3%) to five percent (5%), with acontract re-opener if two percent (2%) or under or sixpercent (6%) or over effective July 1, 2003 and July 1,2004."

Section 4. This ordinance shall be effective as of the datestated therein, in accordance with the provisions of the Memorandum ofUnderstanding between Western Council of Engineers and the Port ofOakland dated July 1, 2001.

In Board of Port Commissioners, Oakland, California, July 16,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami,Uribe and President Kiang - 7. Noes: None. Absent: None.



By the following Vote :

Ayes :

Noes :

Absent:

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

None

Commissioner Scates -

lie Oakland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 293-2601

Legal No. 122777


In the matter of:


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

PUBLIC NOTICE


JULY 24, 2002




Legal No. 122777

PORT ORDINANCE NO. 3711 PROOF OF PUBLICATION


AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 AMENDING SECTION 2.07AND ADDING SECTION 1.292 RATIFYING AND FIXING THE COMPENSATION OF CER-

TAIN EMPLOYEES OF THE PORT DEPARTMENT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as fo lows:Section 1.The salary schedules set forth in Section 2.07, of Port Ordinance No. 867 shall

be and the same are hereby amended by increasing the rates of compensation set forth onsaid salary schedules by an additional five percent (5%) effective July 1, 2001 and by an addi-tional one percent (1%) effective January 1, 2002.

Section 2.The salary schedules set forth in Section 2.07, of Port Ordinance No. 867 shallbe and the same are hereby amended by increasing the rates of compensation set forth onsaid salary schedules by a CPI formula with minimum of three percent (3%) to five percent(5%), with a contract re-opener if two percent (2%) or under or six percent (6%) or over effec-tive July 1, 2003 and July 1, 2004.

Section 3.Section 1.292 is hereby added to Port Ordinance No. 867 to read as follows:"Sec. 1.292. In addition to the compensation otherwise provided herein each person em-

ployed in a regular position belonging to Employee Representation Unit C on the effectivedates hereof, at the rates indicated below, shall be entitled to an additional five percent (5%) ofthe compensation fixed for his or her services, calculated to the nearest dollar, effective July 1,2001.

In addition to the compensation otherwise provided herein each person employed in a regu-lar position belonging to Employee Representation Unit C on the effective dates hereof, at therates indicated below, shall be entitled to an additional one percent (1%) of the compensationfixed for his or her services, calculated to the nearest dollar, effective January 1, 2002.

In addition to the compensation otherwise provided herein each person employed in a regu--vIcifinn ivalnnninn in FmnInvtaia PorracPniatinn I Ina C nn the effective dates hereof. at the

.as indicated below, shall be entitled to an additional increase determined by a CPI formulawith minimum of three percent (3%) to five percent (5%), with a contract re-opener if two per-cent (2%) or under or six percent (6%) or over effective July 1, 2003 and July 1, 2004."

Section 4. This ordinance shall be effective as of the date stated therein, in accordancewith the provisions of the Memorandum of Understanding between Western Council of Engi-neers and the Port of. Oakland dated July 1, 2001.

In Board of Port Commissioners, Oakland, California, July 16, 2002. Passed to print for oneday by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas,Scates, Tagami, Uribe and President Kiang - 7. Noes: None. Absent: None.


matter of:


,dersioned below. de poses and says that he/she was the publicAdvertising Clerk of the OAKLAND TRIBUNE a newspaper ofI circulation as defined by Government Code Sectiondjucated as such by the Superior Court of the State ofZia, County of Alameda (Order Nos. 237798, December 4,vhich is published and circulated in Oakland Township in saidand state seven days a week.

The Oakland Tribunelc #122777July 24, 2002

PUBLIC NOTICE


JULY 24, 2002



CITY OF OAKLAND


ORDINANCE AMENDING SECTIONS 2.03 AND 2.05 AND ADDINGSECTION 1.293 TO PORT ORDINANCE NO. 867 RATIFYING ANDFIXING THE COMPENSATION OF CERTAIN EMPLOYEES OF THEPORT DEPARTMENT.


Section 1. The salary schedules set forth in Sections 2.03 and2.05 of Port Ordinance No. 867 shall be and the same are hereby amendedby increasing the rates of compensation set forth on said salaryschedules by an additional five percent (5%) effective July 1, 2002.

Section 2. Section 1.293 is hereby added to Port Ordinance No.867 to read as follows:

qc.r 1 . 9(11 . Tn arlrli ti nn to tna rnmpp.ngtinnprovided herein each person employed in a regular full timeposition belonging to Employee Representation Unit D on theeffective dates hereof, at the rates indicated below, shallbe entitled to an additional five percent (5%) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective July 1, 2002.

In addition to the compensation otherwise providedherein each person employed in a regular full time positionbelonging to Employee Representation Unit E on the effectivedates hereof, at the rates indicated below, shall beentitled to an additional five percent (5%) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective July 1, 2002.

39425

In addition to the compensation otherwise providedherein each person belonging to Employee Representation UnitH 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 July 1,2002.

Section 3. The Board hereby ratifies, confirms and approves allpayments from and after July 1, 2002, to the effective date of thisordinance.



Adopted at a regular meeting held August 6 , 2 002


Ayes: Commissioners Ayers-Johnson, Kramer, Protopappas,

Tagami, Uribe and President Kiang - 6

Noes:None

Absent: Commissioner Scates -

Attest—

President.

Secretary.Approved as to form nn

Port Attorney


Legal No. 122784

PROOF OF PUBLICATIONPUBLI slUTICES I PUBLIC Nal In the matter of:

PORT ORDINANCE NO. 3710ORDINANCE AMENDING SECTIONS 2.03 AND 2.05 AND ADDING SEC

PORT ORDINANCE NO. 867 RATIFYING AND FIXING THE COMPENSATICEMPLOYEES OF THE PORT DEPARTMENT. man° 'urPlastering

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakla pilausmtibeisn.g-Section 1.The salary schedules set forth in Sections 2.03 and 2.05 of Poi pPoaalljitsioenr867 shall be and the same are hereby amended by increasing the rates of CI Powerforth on said salary schedules by an additional five percent (5%) effective July !Pumps &Section 2.Section 1.293 is hereby added to Port Ordinance No. 867 to read Rain Gut'Sec. 1.293. In addition to the compensation otherwise provided herein e Real Estf

ployed in a regular full time position belonging to Employee Representation Un Rent Rettive dates hereof, at the rates indicated below, except any of such employee Resume"below expectations" or "unacceptable" overall rating on his/her most recent pm T4';'cingnual performance appraisal prior to June 23, 2002, and any employee whose °formance appraisal is not due until December 1, 2002, shall be entitled to an acent (5%) of the compensation fixed for his or her services, calculated to the rf'ctive July 1, 2002.

'1 addition to the coffinensa..nn 11...PNVAP nrrntirfari h.rnin on ti norenn

July 1, 2002, to the effective date of this ordinance.services, calculated to the nearest dollar, effective July 1, 2002.

ante appraisal is not due until December 1, 2002, shall be entitled to an additiotive July 1, 2002. Or,

ployee Representation Unit H employed on the effective dates hereof, at the rategr.;:::',low, shall be entitled to an additional five percent (5%) of the compensation fixed

expectations" or "unacceptable' overall rating on his/her most recent probaticunperformance appraisal prior to June 23, 2002, and any employee whose 2002 alv(5%) of the compensation fixed for his or her services, calculated to the nearcia'

, at the rates indicated below, except any of such employee who n

Section 3. The Board hereby ratifies, confirms and approves all payments

In addition to the compensation otherwise provided herein each person be Atvi

In Board of Port Commissioners, Oakland, California, July 16, 2002. Passedday by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, FARR.Scates, Tagami, Uribe and President Kiang - 7. Noes: None. Absent: None.

tintingJohn T. Betterton 'thing tSecretary of the Boar d smart

rienceThe Oakland Tribune, #122784July 24, 2002


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 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


JULY 24, 2002




Legal No. 122784


In the matter of:



That the

PUBLIC NOTICE


JULY 24, 2002




CITY OF OAKLAND




Section 1. The Executive Director is hereby authorized to enterinto additional individual agreements with additional prospectiveairline carriers providing regularly scheduled service at MetropolitanOakland International Airport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in Agenda Sheet Item No. 16S,dated July 16, 2002.

Section 2. The following additional scheduled airlines wouldenter into a Standard Airline Operating Agreement and Space/UsePermit:

North American Airlines


A2Z Aircraft Services


Section 5. This Ordinance is not evidence of and does not createor constitute (a) a contract or Lease, entitlement or property interest,or (b) any obligation or liability on the part of the Board or anyofficer or employee of the Board. This resolution approves andauthorizes the execution of an agreement or Lease in accordance with theterms of this resolution. Unless and until a separate written agreement

39584

Noes:

Absent: Commissioner Scates - 1,

None

Atte

Approved as to f d legality :

is duly executed on behalf of the Board as authorized by thisresolution, is signed and approved as to form and legality by the PortAttorney, and is delivered to other contracting party, there shall be novalid or effective agreement or Lease.





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

Port Attorney

39584

Oakidrili g ribunec/o ANG Newspapers401 13th StreetOak l and, CA 94612LE \dvertising(80u i 595-9595 opt.4



In the matter of

ORDINANCE APPROVING ADDITIONALSIGNATORIES



The PUBLIC NOTICE


7/24/02


Public Notice AdvertisingClerk

Legal No. 0000122872

PORT ORDINANCE NO. 3709ORDINANCE APPROVING ADDITIONAL

SIGNATORIES TO THE AIRLINEOPERATING AGREEMENT AND

SPACE/USE PERMIT AT METROPOLITANOAKLAND INTERNATIONAL AIRPORT.


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 Drivo, Oakland,California, as more fully set forth in AgendaSheet Item No. 16S, dated July 16, 2002.

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

North American AirlinesSection 3. The following tenants would

enter into a Space/Use Permit only:A2Z Aircraft Services

Section 4. The Board of Port Commission-ers hereby finds arid 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.


In Board of Port Commissioners, Oakland,California, July 16, 2002. Passed to print for

erotopappas, bcates, agamt, unoe andPresident Kiang - 7, Noes: None. Absent:None,


The Oakland Tribune, #122872July 24, 2002


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 Port Commissioners forthe City of Oakland lets and administers contracts for public works isa municipal affair; and

WHEREAS the procedures set forth in Port Ordinance No. 1606 areestablished for the benefit and protection of taxpayers and not toenrich bidders or those who contract with the Port of Oakland; and


Section 1. Port Ordinance No. 1606 shall be and the same ishereby amended by adding thereto a new Section 22, to read as follows:

SECTION 22. BID PROTESTS. Any party that has timelysubmitted a responsive bid or proposal may file a bid protest inaccordance with the provisions set forth below. Bid protestsshall be heard initially by the Executive Director, or his/herdesignee, who shall issue to the Board a written report and arecommended disposition of the bid protest, including writtenfindings of fact and conclusions of law. The Board may thenratify the Executive Director's (or his/her designee's)recommendations or conduct such further review of the bidprotest, as the Board may determine. Protests shall beadministered as follows:

a. Written Bid Protests Required. Any bid protestmust be submitted in writing to the Secretary by the date andtime specified in the solicitation documents. If no submissiondeadline is specified, then the bid protest shall be submitted tothe Secretary before 5:00 p.m. of the fifth (5th,) business dayfollowing publication of the identity of the apparent successfulbidder.

1. The initial protest document must contain acomplete statement of the basis for the protest.

29532

2. The protest must refer to the specificportion of the bid documents that forms the basis for theprotest.

3. The protest must include the name, addressand telephone number of the person representing the protestingparty.

4. The party filing the protest must transmita copy of the initial protest document and any attacheddocumentation concurrently to all other bidders and any otherparties that have requested such notice.

b. Administrative Determination. A determinationregarding the protest shall be made by the Executive Director, orby such other member of the Port administrative staff, includingdepartment heads and staff, or by such other person(s), as theExecutive Director may designate (the "Hearing Officer"). ThePort shall be represented at any hearing by a representative ofthe Port Attorney's office. Related bid protests may, at thediscretion of the Hearing Officer, be consolidated into onehearing. The Hearing Officer shall administer the bid protestaccording to the following procedures:

1. The Hearing Officer shall set the date,time and place for the hearing and shall notify the protestingparties in writing at least five (5) business days in advance ofthe hearing date. The Hearing Officer for good cause may postponeor advance the date of any hearing upon the request of a party orupon the agreement of all parties, or upon the Hearing Officer'sown initiative.

2. At least one (1) business days in advanceof the hearing, the protesting party and the bidder(s) subject tothe bid protest(s), shall file with the Hearing Officer andexchange copies of all exhibits they intend to submit at thehearing and identify in writing any witnesses to be called at thehearing. The Hearing Officer shall resolve any disputesconcerning the exchange of information, and may modify theserequirements upon the request of a party or upon the agreement ofall parties, or upon the Hearing Officer's own initiative.

3. Any party wanting a stenographic recordshall make arrangements directly with a stenographer and shallnotify the other parties of these arrangements in advance of thehearing. The requesting party or parties shall pay the cost ofthe stenographic record. If the transcript is agreed by theparties to be, or determined by the Hearing Officer to be, theofficial record of the proceeding, it must be made available tothe Hearing Officer and to the other parties for inspection andcopying, at a date, time and place determined by the HearingOfficer. Any party wishing an interpreter shall make all

29532

arrangements directly with the interpreter and shall pay the costof the services.

4. The Hearing Officer may require witnessesto testify under oath administered by any duly qualified person.

5. At the hearing, each protesting party shallpresent evidence to support its claim, in such order as theHearing Officer shall determine. Witnesses for each party shallsubmit to questions or other examination. The Hearing Officerhas the discretion to vary this procedure but shall afford allparties the opportunity to be heard. Exhibits, when offered byeither party, may be received in evidence by the Hearing Officer.The Port may also present evidence, examine witnesses, orintroduce exhibits, in its sole discretion.

6. The Hearing Officer shall be the judge ofthe relevance and materiality of the evidence offered, andconformity to legal rules of evidence shall not be necessary.The Hearing Officer may request offers of proof and may rejectevidence deemed by the Hearing Officer to be cumulative,unreliable, unnecessary, or of slight value compared to the timeand expense involved.

7. The Hearing Officer may conduct the hearingtelephonically. The Hearing Officer may elect to not conduct ahearing, and decide the bid protest based upon the HearingOfficer's own investigations and review of documents, if theHearing Officer makes the determination that adjudication of theissues presented would not benefit from the presentation of oraltestimony.

8. The failure of the protesting party toattend the hearing shall be deemed a withdrawal of the bidprotest and a waiver of any right to further pursue the bidprotest, including the filing of a claim pursuant to Division 3.6of Title 1 of the Government Code and legal proceedings.

c. Adjudication and Decision. The Hearing Officermay direct the parties to file documents or other evidencefollowing the hearing, including briefs and responses toevidence. All parties shall be afforded an opportunity toexamine and respond to such documents, other evidence, briefs andresponses. The hearing shall be considered closed as of thefinal date set by the Hearing Officer for the receipt of posthearing documents, other evidence, briefs or responses. TheHearing Officer shall then issue a written report and recommendeddisposition of the bid protest, including written findings offact and conclusions of law. The Board shall then review theHearing Officer's written decision, and either ratify it, remandit back to the Hearing Officer for further determinations, orelect to conduct a de novo review of the bid protest and receive

29532

Noes:

Absent:

None

None

additional evidence on all or portions of the bid protest andrender a decision. The Hearing Officer's decision as ratified bythe Board, or the Board's decision upon de novo review, shallconstitute the Port's final decision on the bid protest.

1. Notwithstanding any other provision, theBoard may delegate to the Executive Director any or all of itsauthority with respect to any contract(s) upon a finding anddetermination that it is in the best interests of the Port. Inthose cases where the Board has so delegated its authority, theExecutive Director's written decision shall be the Port's finaldecision.

d. Stay of Award During Protest. When a timelyprotest has been submitted in accordance with this subsection,the Board shall not award the contract until a decision has beenmade regarding the protest, unless the Board makes a finding thatthe award of the contract without delay is necessary to protectthe substantial interests of the Port.

e. Attorneys fees. All parties shall bear their ownattorney's fees arising from any bid protest filed under theauthority of this subdivision.

Section 2. This Ordinance shall take effect immediatelyafter its final adoption.

In Board of Port Conudssioners, Oakland, California, July 2, 2002.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Uribe and President Tagami - 6. Noes: None.Absent: Commissioner Scates - 1.

Adopted at a regular meeting held July 16, 2002



29532



AN ORDINANCE AMENDING PORT ORDINANCE NO. 867,AMENDING SECTIONS 2.01, 8.0631 AND ADDINGSECTIONS 8.47H AND 14.5.



SCHEDULE Rate Rate Rate Rate RateNo. a, b. c. d. e.

93.8H 23.65/hr. 24.84/hr. 26.10/hr. 27.60/hr. 29.19/hr.

74 4114 4320 4536 4808 5906

Section 2. Section 8.0631 of Port Ordinance No. 867 ishereby amended to amend the Salary Schedule from 39 to Salary ScheduleNo. 74.

39103

Section 3. The following sections are hereby added to Port

Ordinance No. 867 to read as follows:

Section No. of Salary or

No. Positions Title Schedule No.

8.147H 1 Permit Technician (Part-Time) 93.8H

14.5 1 Aviation Graphics Specialist 74

In Board of Port Commissioners, Oakland, California, June 4,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Scates and President Tagami - 4.Noes: None. Absent: Commissioner Kiang, Protopappas and Uribe - 3.


Adopted at a regular meeting held June 18, 2002


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

Noes: None

Absent: None

Legal No. 0000104101Oakland 1ibunec/o ANG Newspapers401 13th StreetOakland, CA 94612Lec dvertising(80v., ,95-9595 opt.4


PORT ORDINANCE NO. 3707AN ORDINANCE AMENDING PORT ORDINANCE NO. 867,AMENDING SECTIONS 2.01, 0.0631 AND ADDINGSECTIONS 8.47H AND 14.5.

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


Rate


In the matter of

ORDINANCE NO. 3707


10, adjudicated as suchby the Superior Court of the State ofalifornia, County of Alameda (Order No. 237798. on


The PUBLIC NOTICE


6/12/02



SCHEDULE Rate Rate Rate Rate

b.

93.8H 23.65/hr. 24.84/hr. 26.10/hr. 27.60/hr. 29.19/hr.

4114 4320 4536 4808 5906

Section 2. Section 8.0631 of Port Ordinance No. 867 ishereby amended to amend the Salary Schedule from 39 to Salary ScheduleNo. 74.

Section 3. The following sections are hereby added to Portordinance No. 867 to read as follows:

Salary orTitle Schedule No.

Permit Technician (Part-Time) 93.88

In Board of Port Commissioners, Oakland, California, June 4,2002. Passed to print for one day by the following vote: AyeCommissioners Ayers-Johnson, Kramer, Scates and President Tagami - 4.Noes: None. Absent: Commissioner Kiang, Protopappas and Uribe - 3.


#104101 Oakland TribuneJune 12, 2002

Legal No. 0000104101Oakland gibunec/o ANG Newspapers401 13th StreetOakland, CA 94612Ler dvertising

,95-9595 opt.4



In the matter of

ORDINANCE NO. 3707


10, adjudicated as suchby the Superior Court of the State of_dlifomia, 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


6/12/02





AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 AMENDINGSECTION 2.06, AND ADDING SECTION 1.291 RATIFYING ANDFIXING THE COMPENSATION OF CERTAIN EMPLOYEES OF THEPORT DEPARTMENT.


Section 1. The salary schedules set forth in Section 2.06, ofPort Ordinance No. 867 shall be and the same are hereby amended byincreasing the rates of compensation set forth on said salary schedulesby an additional five percent (5%) effective September 1, 2001, by anadditional one percent (1%) effective March 1, 2002 and by an additionalfour percent (4%) effective September 1, 2002.


"Sec. 1.291. In addition to the compensation otherwiseprovided herein each person employed in a regular full timeposition belonging to Employee Representation Unit F on theeffective dates hereof, at the rates indicated below, shallbe entitled to an additional five percent (5%) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective September 1, 2001.

In addition to the compensation otherwiseprovided herein each person employed in a regular full timeposition belonging to Employee Representation Unit F on theeffective dates hereof, at the rates indicated below, shallbe entitled to an additional one percent (1%) of thecompensation fixed for his or her services, calculated to thenearest dollar, effective March 1, 2002.

In addition to the compensation otherwise providedherein each person belonging to Employee Representation UnitF employed on the effective dates hereof, at the ratesindicated below, shall be entitled to an additional fourpercent (4%) of the compensation fixed for his or herservices, calculated to the nearest dollar, effectiveSeptember 1, 2002."

38296

President.

AttestSecretary.

Section 3. This ordinance shall be effective as of the datestated therein, in accordance with the provisions of the Memorandum ofUnderstanding between International Brotherhood of Electrical Workers1245 and the Port of Oakland dated September 1, 2001.



Adopted at a regular meeting held

June 18, 2002


Ayes: Commissioners Ayers-Johnson, Kiang, Kramer,

Protopappas, Scates, Uribe and President Tagami - 7

Noes: None

Absent: None

Legal No. 0000104099

do ANG Newspapers401 13th StreetOakland, CA 94612Le ,dvertising(80u, J95-9595 opt.4



In the matter of

ORDINANCE NO. 3706


)0, 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


6/12/02



Oakland tibune

Oakland iribunec/o ANG Newspapers401 13th StreetOakland, CA 94612Let dvertising(80u, J95-9595 opt.4


Legal No. 0000104099


In the matter of

ORDINANCE NO. 3706


)0, 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


6/12/02




AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 AMENDINGSECTION 2.06, AND ADDING SECTION 1.291 RATIFYING AND FIXING

THE COMPENSATION OF CERTAIN EMPLOYEES OF THE PORTDEPARTMENT.


Section 1. The salary schedules set forth in Section 2.06, of Port Ordinance No. 867 shallbe and the same are hereby amended by increasing the rates of compensation set forth on said salaryschedules by an additional five percent (5%) effective September 1, 2001, by an additional one percent(1%) effective March 1, 2002 and by an additional four percent (4%) effective September 1, 2002.

Section 2. Section 1.291 is hereby added to Port Ordinance No. 867 to read as follows:

"Sec. 1.291. In addition to the compensation otherwise provided herein each person employed in nregular full time position belonging to Employee Representation Unit F on the effective dates hereof, atthe rates indicated below, shall be entitled to an additional five percent (5%) of the compensation fixedfor his or her services, calculated to the nearest dollar, effective September 1, 2001.

In addition to the compensation otherwise provided herein each person employed in a regularfull time position belonging to Employee Representation Unit F on the effective dates hereof, at the ratesindicated below, shall be entitled to an additional one percent (1%) of the compensation fixed for his orher services, calculated to the nearest dollar, effective March 1, 2002.

In addition to the compensation otherwise provided herein each person belonging toEmployee Representation Unit I° employed on the effective dates hereof, at the rates indicated below,shall be entitled to an additional four percent (4%) of the compensation fixed for his or her services,calculated to the nearest dollar, effective September 1, 2002:'

Section 3. This ordinance shall be effective as of the date stated therein, in accordance withthe provisions of the Memorandum of Understanding between International Brotherhood of ElectricalWorkers 1245 and the Port of Oakland dated September 1, 2001.

In Board of Fort Commissioners, Oakland, California, June 4, 2002. Passed to print for one day by thefollowing vote: Ayes- Commissioners Ayers-Johnson. Kramer. Sontes and President Tagami - 4. Noes:None. Absent: Commissioner Kiang. Protopappas aria Bribe - 3





ORDINANCE APPROVING AND AUTHORIZINGEXECUTION OF GROUND LEASE WITH GRAYAND REYNOLDS PROPERTIES, INC.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a Ground Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, as Lessor, and GRAY ANDREYNOLDS PROPERTIES, INC., a California corporation ("Lessee"), forpremises consisting of approximately 49,672 square feet of land locatedon Embarcadero south of 10th Avenue and for premises which include thedock currently used by Integra Marine, consisting of 10,200 square feetof water, providing for the Port to pay a total maximum of $250,000 forremediation costs, and for other purposes incidental and reasonablyrelated thereto for a term of 66 years, at the rent proposed and asotherwise upon the terms and conditions set forth in Board Agenda SheetItem No. 16 dated June 4, 2002, and such standard terms and conditionsas specified in the Lease and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized toexecute said Ground Lease.

Section 3. The Board hereby finds and determines that theproposed Lease is exempt from the' provisions of the CaliforniaEnvironmental Quality Act ("CEQA") pursuant to Guidelines Section 15332.

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 Ground Lease inaccordance with the terms of this ordinance. Unless and until aseparate written Ground 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 Lessee, there shallbe no valid or effective Ground Lease.

39088

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

from and after its final adoption.



Adopted at a regular meeting held June 18, 2002


Ayes:

Noes:

Absent:

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

None

None

Approved as to form and legality:-

Port Attorney

39088

Legal No. 0000104098Oakland iribunec/o ANG Newspapers401 13th StreetOakland, CA 94612Le' dvertising(80u, ,95-9595 opt.4



In the matter of

ORDINANCE NO. 3705


'JO, 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


6/12/02



PORT ORDINANCE NO. 3705ORDINANCE APPROVING AND ADTHORIZINO EXCCUTION or

GROUND LEASE WITH GRAY AND REYNOLDS PROPERTIES, INC.

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

Section 1. The Board of Port Commissioners ("Board') hereby approves a Ground Leasebetween the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, asLessor, and GRAY AND REYNOLDS PROPERTIES, INC., a California corporation ("Lessee"), forpremises consisting of approximately 49,672 square feet of land located on Embarcadero south of10th Avenue and tor premises which include the dock currently used by Integra Marine, consisting of10,200 square feet of water, providing for the Port to pay a total maximum of $250,000 forremediation costs, and for other purposes incidental and reasonably related thereto for a term of 66years. at the rent proposed and as otherwise upon the terms and conditions set forth in BoardAgenda Sheet Item No. 16 dated June 4, 2002, and such standard terms and conditions as specifiedin the Lease and approved by the Executive Director.

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

Section 3. The Board hereby finds and determines that the proposed Lease is exempt fromthe provisions of the California Environmental Quality Act ("CEQA") pursuant to Guidelines Section15332.

Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract,Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on thepart of the Board or any officer or employee of the Board. This ordinance approves and authorizesthe execution of said Ground Lease in accordance with the terms of this ordinance. Unless and untila separate written Ground Lease is duly executed on behalf of the Board as authorized by thisordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered toLessee, there shall be no valid or effective Ground Lease.

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

In Board of Port Commissioners, Oakland, California, June 4, 2002. Passed to print for one day bythe following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Scales and President Tagami - 4.Noes: None. Absent: Commissioner Kiang, Protopappas and Uribe - 3.



Oakland iribunec/o ANG Newspapers401 13th StreetOakland, CA 94612Le' dvertising(80u, J95-9595 opt.4



In the matter of

ORDINANCE NO. 3705


)0, adjudicated as suchby the Superior Court of the State of,_,alifomia, 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


6/12/02




PORT ORDINANCE NO. 3704AN ORDINANCE AMENDING SECTION 9 OF PORT ORDINANCENO. 3634 RELATING TO CHARGES FOR USE OFFACILITIES AT METROPOLITAN OAKLAND INTERNATIONALAIRPORT.


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 the NorthField, other than those described in subsection e(1), e(2), e(3), f(1)or f(2), designated to accommodate aircraft with wingspans or 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 $ 101.00 $ 6.00 $ 3.00 $ 8.0050 feet or less 145.00 7.00 4.00 12.0075 feet or less 215.00 12.00 5.00 18.00100 feet or less 241.00 17.00 6.00 27.00125 feet or less 375.00 27.00 12.00 40.00150 feet or less 546.00 38.00 17.00 54.00175 feet or less 724.00 49.00 26.00 72.00200 feet or less 893.00 61.00 31.00 89.00Over 200 feet 1,078.00 72.00 37.00 107.00Blimp 1,154.00 79.00 38.00 116.00

Notwithstanding the monthly rates hereinabove set forth,the monthly rate for aircraft 40 feet or less requiring taxi-in/taxiout capability is $146.00."

Section 2. Subsection g(2) of Section 9 of Port Ordinance No.3634 is hereby amended to read in full as follows:

39075

"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)

$226.00274.00220.00249.00289.00303.00414.00

Monthly Rates

$263.00352.00358.00453.00694.00

Hangar Area Monthly Rates(Privately owned Port-A-Port)

Executive Ramp Space (unspecified)

$ 111.00Executive Ramp Space (1,060 sq. feet)

157.00Executive Ramp Space (1,340 sq. feet)

211.00Executive Ramp Space (2,050 sq. feet)

318.00

The rate for office space in said T-hangars shall be $.2620 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 of

39075

Regulations. The basis for the exemption is that it can be seen withcertainty 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 July1, 2002



meeting held June 18, 2002Adopted at a regular


Ayes:

Noes:

Absent:

Attes-

Aptirofed ai to form and legality:tet „tc,/

Port At • rney

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

None

None

39075

PORT ORDINANCE NO. 3704AN ORDINANCE AMENDING SECTION 9 OF PORT ORDINANCENO. 3634 RELATING TO CHARGES FOR USE OFFACILITIES AT METROPOLITAN OAKLAND INTERNATIONALAIRPORT.

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

Section 1. Subsection d(1) of Section 9 of Port Ordinance N3634 in hereby amended to read in full as follows,

^For paved or improved aircraft parking spaces in the NorthField, other-than those described in aubeection 01), c(2), c(3), f(1)or f(2), designated to accommodate aircraft with wingspans or length,whichever is greater, of:

Monthly FirstRata Hours

FractionThereof

8or

EachAdditional8 Hours orFractionThereof

MaximTotalDailyRate

40 feet or less $ 101.00 , 6.00 $ 3.00 .0050 feet or less 145.00 7.00 4.00 12.0075 feet or leas 215.00 12.00 5.00 18.00100 feet or lens 241.00 17.00 6.00 27.00125 feet or less 375.00 27.00 12.00 40.00150 feet or lens 546.00 36.00 17.00 54.00175 feet or leas 724.00 49.00 26.00 72.00200 feet or less 893.00 G1.00 31.00 09.00Over 200 feet 1,070.00 72.00 37.00 107.00Blimp 1,154.00 79.00 38.00 116.00

Notwithstanding the monthly r a hereinabove set forth,the monthly rate for aircraft 40 feet or s requiring taxi-in/Lax-out capability is $146.00."

Section 2. Subsection g (2) of Section 9 of Port Ordinance N,.3634 is hereby amended to read in full as follows:

"For storage of aircraft in T-hangars in the North Field,the monthly storage rates exclusive of office space in maid T-In:ulgax,shall be au follows:

Hangar area(Port owned Hangars)

Port-A-Port (single)Port-A-Port (light twin)T-Hangar (840 eq. feet)T-Hangar (960 eq. feet)T Hangar (1,110 eq. feet)T-Hangar (1,152 eq. feet)T-Hangar (1,596 eq. test)

Hangar Area Between Hangarand South of Building L-606

(Port owned Hangars)

T-Hangar (700 sq. feet)T-Hangar (1,040 sq..feet)T-Hangar (1,060 Eq. feet)T-Hangar (1.340 eq. feet)T-Hangar (2,050 eg. feet)

Hangar Area(Privately owned Port-A-Port)

Executive Ramp Space (unspecified)Executive Ramp Space (1.060 sq. feet)Executive Ramp Space (1,340 eq. feet)Executive Ramp Space (2,050 sq. feet)

Monthly Rates

$226.00274.00220.00249.00289.00303.00414.00

Monthly Rates

$263.00352.00358.00453.00694.0o

Monthly Rates

111,o0157.00211,00318.00

The rate for office space in said T-hangars shall be $.2620 persquare foot per month rounded to the nearest dollar for the totaloffice space occupied. Electricfty shall be provided separately on ametered basis."

Section 3. The Board of Port Commiosioners 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 Resource. Code Section 21000(b)(0) 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 withcertainty 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 Ju1, 2002

In Board of Port Commissioners, Oakland, California, June 4,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Scatee and President Tagami - 4.Noes: None. Absent: Commissioner Kiang, Protopappas and Uribe - 3.

John T. HettertOnSecretary of the Board Oakland Tribune #104096

June 12, 2002

Oakland 'Munec/o ANG Newspapers401 13th StreetOak' -I d, CA 94612Le dvertising(800) 595-9595 opt.4



In the matter of

ORDINANCE NO. 3704

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


The PUBLIC NOTICE


6/12/02



Legal No. 0000104096

Oakland t ribuneLegal No. 0000104096

c/o ANG Newspapers401 13th StreetOak' n d, CA 94612Le dvertising(800) 595-9595 opt.4



In the matter of

ORDINANCE NO. 3704

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


The PUBLIC NOTICE


6/12/02





AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF LEASE BETWEEN THE UNITED STATES GOVERNMENT,DEPARTMENT OF COMMERCE NATIONAL OCEANIC ANDATMOSPHERIC ASSOCIATION AND THE PORT OF OAKLAND,AT THE METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,OAKLAND.

WHEREAS in consideration of the matters set forth in AgendaSheet Item No. 1, dated May 21, 2002, and the desirability to supportair traffic control related weather-reporting and communicationsactivities at the Metropolitan Oakland International Airport; now,therefore,


Section 1. That certain Lease for use of real propertybetween the City of Oakland, a municipal corporation, acting by andthrough its Board of Port Commissioners ("Board"), as Grantor, and theUnited States of America, Department of Commerce National Oceanic andAtmospheric Administration, hereinafter referred to as the Government,covering 1.53 acre site adjacent to the Rolls-Royce Test Center on OldEarhart Road near Doolittle Drive, Oakland, commencing July 4, 2002, asmore fully set forth in Agenda Sheet Item No. 1, dated May 21, 2002,provided, however that the Government obtains approval for a permit fromBCDC and also subject to the Port Attorney's review as to form andlegality.

Section 2. The Executive Director is hereby authorized toexecute said Lease provide that it has been approved as to form andlegality by the Port Attorney.

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 an agreement inaccordance with the terms of this ordinance. Unless and until aseparate written agreement 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 other contractingparty, there shall be no valid or effective agreement

38831

Oakland ribunedo ANG Newspapers401 13th StreetOakland, CA 94612Le dvertising(80u, u95-9595 opt.4



In the matter of

PROVIDE FOR PURCHASING -CARD PROCUREMENT.



The PUBLIC NOTICE


5/15/02



Legal No. 0000093348

PORT ORDINANCE NO. 3701AN ORDINANCE AMENDING SECTIONS 2 AND 4 OF PORT ORDINANCE NO. 1606 TO

PROVIDE FOR PURCHASING -CARD PROCUREMENT.

WHEREAS, by Resolution No. 97193 dated June 17, 1997, the Board of Port Commission-ers authorized the implementation of a procurement card test project; and

WHEREAS, it is in the best interest of the Port to extend the program through the end of cal-endar year 2002 because of procurement and payment efficiencies attainable through the im-plementation of the program, subject to implementation of controls to assure appropriate us-age in accordance with program objectives as more fully discussed in Board of Port Commis-sioners Agenda Sheet No. 33S dated May 7, 2002; now therefore

BE IT ORDAINED by the Board of Port Commissioners for the City of Oakland as follows:Section 1. Section 2 of Port Ordinance No. 1606 shall be and the same is hereby amended

to read in lull as follows:"SECTION 2. AUTHORITY OF

EXECUTIVE DIRECTOR.Subject to the availability of funds and the conditions and procedures set forth in this ordi-

nance, the Executive Director is hereby authorized to bind the Port, by written contract or pur-chase order involving an expenditure not exceeding the bid limit established by the City Coun-cil in any one transaction, without advertising or previous specific action by the Board, for thepurchase of supplies or payment for services, or a combination thereof, to be furnished to thePort.

The Executive Director is further authorized to implement, continuing through December31, 2002, a procurement and payment program, with or without prior use of purchase ordersor contracts utilizing procurement cards issued by a financial institution with whom the Portmaintains banking relationships, subject to control procedures approved by the Chief Finan-cial Officer, provided that for any such procurement made without contract or purchase orderthe purchase within the bid limits established by the City Council."

Section 2. Section 4 of Port Ordinance No. 1606 shall be and the same is hereby amendedto read in full as follows:

"SECTION 4. USE OF CONTRACTS, PURCHASE ORDERS AND PROCUREMENTCARDS.

a. Purchase Orders. Purchase orders may be used:1.For the purchase of supplies when the total cost does not exceed the bid limit established

by the Council in any one transaction.2.In contracting for services or for a combination of services and supplies when the total

cost does not exceed the bid limit established by the Council in any one transaction.b. Contracts, Control Procedure.1.Formal written contracts shall be used for all purchases of supplies or services, or

combinations thereof, in excess of the bid limit established by the Council.2.The Executive Director shall institute control procedures for requests for drafting of formal

contracts.3.Pursuant to the City Charter the Port Attorney shall draft such contracts.4.The Port Attorney shall approve the form and legality of all formal written contracts before

the execution thereof.c. Procurement Cards. Procurement cards, issued by a financial Institution with whom the

Port maintains banking relationships, may be used as a payment method in conjunction withpurchase orders or contracts or as a procurement method without a contract or purchaseorder, subject to control procedures established by the Chief Financial Officer, as follows:

1.For the purchase of standard issue supplies when the total cost does not exceed the bidlimit established by the Council in any one transaction.

2.In contracting for services or for a combination of services and supplies when the total co-st does not exceed the bid limit established by the Council in any one transaction.

d. Exceptions. The Executive Director shall establish control procedures for petty cashfunds without prior use of purchase orders or contracts."

In Board of Port Commissioners, Oakland, California, May 7, 2002. 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.


The Oakland Tribune, #93348May 15, 2002

2. In contracting for services or for acombination of services and supplies when thetotal cost does not exceed the bid limitestablished by the Council in any one transaction.

d. Exceptions. The Executive Director shall establishcontrol procedures for petty cash funds without prior use ofpurchase orders or contracts."

In Board of Port Commissioners, Oakland, California, May 7,2002. 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.


Adopted at a regular meeting held May 21, 2002


Ayes:

Noes:

Absent:

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

None

Commissioner Scates - 1

Pretildent.

Secretary.

38643


CITY OF OAKLAND


ORDINANCE AMENDING PORT ORDINANCE NO. 867, CREATING NEWSALARY SCHEDULES, NEW POSITIONS, AMENDING CERTAIN SECTIONSRELATING TO TITLE CHANGES AND AMENDING PORT ORDINANCE NO.3690 TO CORRECT SECTION 10.21 OF PORT ORDINANCE NO. 867.


Section 1. Section 2.06 of Port Ordinance No. 867 is herebyamended to add new salary schedules which sections shall read asfollows:


A 4317 4532 4758 5041 5346736 6112 6418 6737 7142 7571

Section 2. Port Ordinance No. 867 is hereby amended to add thefollowing Section Nos. which shall read as follows:


12.6 1 Senior Pricing and Contracts Analyst 257.5

13.1 1 Port ERDP Program Supervisor 529

13.2 1 Port Debt Compliance Coordinator 528.2

Section 3. The following sections of Port Ordinance No. 867 arehereby amended to change the position titles, which section nos. andtheir respective new titles to read as follows:

38631

SectionNo.

8.061

8.06

8.05

8.03

8.061

8.06

8.11

8.091

Title

Port Junior Engineer (Civil Work)

Port Assistant Engineer (Civil Work)

Port Associate Engineer (Civil Work)

Port Supervising Engineer (Civil Work)

Port Junior Engineer (E & M Work)

Port Assistant Engineer (E & M Work)

Port Associate Engineer (E & M Work)

Port Supervising Engineer (E & M Work)

Section 4. That portion of Section 2 of Port Ordinance No. 3690reading as follows:

"10.21 1 Associate Airport Noise Abatement Specialist 240"

is hereby amended to read as follows:

"10.21 2 Associate Airport Noise Abatement Specialist 240".

In Board of Port Commissioners, Oakland, California, May 7, 2002.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.




Ayes:

Noes:

Absent:


None


President.

Attest Secretary.


CITY OF OAKLAND


ORDINANCE AMENDING PORT ORDINANCE NO. 867, CREATING NEWSALARY SCHEDULES, NEW POSITIONS, AMENDING CERTAIN SECTIONSRELATING TO TITLE CHANGES AND AMENDING PORT ORDINANCE NO.3690 TO CORRECT SECTION 10.21 OF PORT ORDINANCE NO. 867.




A 4317 4532 4758 5041 5346736 6112 6418 6737 7142 7571

Section 2. Port Ordinance No. 867 is hereby amended to add thefollowing Section Nos. which shall read as follows:


12.6 1 Senior Pricing and Contracts Analyst 257.5

13.1 1 Port ERDP Program Supervisor 529

13.2 1 Port Debt Compliance Coordinator 528.2

Section 3. The following sections of Port Ordinance No. 867 arehereby amended to change the position titles, which section nos. andtheir respective new titles to read as follows:

38631

SectionNo.

8.061

8.06

8.05

8.03

8.061

8.06

8.11

8.091

Title

Port Junior Engineer (Civil Work)

Port Assistant Engineer (Civil Work)

Port Associate Engineer (Civil Work)

Port Supervising Engineer (Civil Work)

Port Junior Engineer (E & M Work)

Port Assistant Engineer (E & M Work)

Port Associate Engineer (E & M Work)

Port Supervising Engineer (E & M Work)

Section 4. That portion of Section 2 of Port Ordinance No. 3690reading as follows:

"10.21 1 Associate Airport Noise Abatement Specialist 240"

is hereby amended to read as follows:

"10.21 2 Associate Airport Noise Abatement Specialist 240".

In Board of Port Commissioners, Oakland, California, May 7, 2002.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.




Ayes:

Noes:

Absent:


None


President.

Attest Secretary.



AN ORDINANCE AMENDING SECTIONS 2 AND 4 OFPORT ORDINANCE NO. 1606 TO PROVIDE FORPURCHASING - CARD PROCUREMENT.

WHEREAS, by Resolution No. 97193 dated June 17, 1997, theBoard of Port Commissioners authorized the implementation of aprocurement card test project; and

WHEREAS, it is in the best interest of the Port to extendthe program through the end of calendar year 2002 because ofprocurement and payment efficiencies attainable through theimplementation of the program, subject to implementation ofcontrols to assure appropriate usage in accordance with programobjectives as more fully discussed in Board of Port CommissionersAgenda Sheet No. 33S dated May 7, 2002; now therefore

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

Section 1. Section 2 of Port Ordinance No. 1606 shall beand the same is hereby amended to read in full as follows:

"SECTION 2. AUTHORITY OF EXECUTIVE DIRECTOR.

Subject to the availability of funds and the conditionsand procedures set forth in this ordinance, the ExecutiveDirector is hereby authorized to bind the Port, by writtencontract or purchase order involving an expenditure notexceeding the bid limit established by the City Council inany one transaction, without advertising or previous specificaction by the Board, for the purchase of supplies or paymentfor services, or a combination thereof, to be furnished tothe Port.

The Executive Director is further authorized toimplement, continuing through December 31, 2002, aprocurement and payment program, with or without prior use ofpurchase orders or contracts utilizing procurement cardsissued by a financial institution with whom the Portmaintains banking relationships, subject to controlprocedures approved by the Chief Financial Officer, provided

38643

that for any such procurement made without contract orpurchase order the purchase within the bid limits establishedby the City Council."


"SECTION 4. USE OF CONTRACTS, PURCHASE ORDERS ANDPROCUREMENT CARDS.

a. Purchase Orders. Purchase orders may be used:

1. For the purchase of supplies when thetotal cost does not exceed the bid limitestablished by the Council in any one transaction.

2. In contracting for services or for acombination of services and supplies when thetotal cost does not exceed the bid limitestablished by the Council in any one transaction.

b. Contracts, Control Procedure.

1. Formal written contracts shall be usedfnr All nllrr,HARPR of aiinnl i PR nr nrcombinations thereof, in excess of the bid limitestablished by the Council.

2. The Executive Director shall institutecontrol procedures for requests for drafting offormal contracts.

3. Pursuant to the City Charter the PortAttorney shall draft such contracts.

4. The Port Attorney shall approve the formand legality of all formal written contractsbefore the execution thereof.

c. Procurement Cards. Procurement cards, issued by afinancial institution with whom the Port maintains bankingrelationships, may be used as a payment method in conjunctionwith purchase orders or contracts or as a procurement methodwithout a contract or purchase order, subject to controlprocedures established by the Chief Financial Officer, asfollows:

1. For the purchase of standard issuesupplies when the total cost does not exceed thebid limit established by the Council in any onetransaction.

38643



AN ORDINANCE REVISING AND RESTATING PORTORDINANCE NO. 2124 ESTABLISHING RULES ANDREGULATIONS FOR THE SUBDIVISION OF LAND AND THEFILING AND APPROVAL OF SUBDIVISION MAPS, ANDESTABLISHING FEES IN CONNECTION THEREWITH.

WHEREAS, the Board of Port Commissioners of the City of Oaklandas a legislative body of the City of Oakland is vested with thecomplete and exclusive control and jurisdiction of the Port Area ofthe City of Oakland and the power to enforce therein general rules andregulations relating to land development, planning and zoning to theextent that they may be necessary or requisite for port and airportpurposes and development and in carrying out the powers vested in theBoard; and

WHEREAS, said Board is vested with the complete and exclusivepower, and it is the Board's duty, to have and exercise on behalf ofthe City of Oakland all rights, powers and duties in respect to saidland development, planning and zoning that are now or which mayhereinafter be vested in the City of Oakland, or any of itsdepartments or officers, or which may be provided for by general law;and

WHEREAS, the Subdivision Map Act, Division 2 of Title 7 of theGovernment Code of the State of California, vests in the legislativebodies of local agencies the regulation and control of the design andimprovement of subdivisions, and requires that each local agency byordinance regulate and control subdivisions for which said Division 2requires a tentative and final or parcel map; now, therefore,


Section 1. The following rules and regulations for thesubdivision of land and the filing and approval of subdivision maps,and establishing fees in connection therewith, are hereby adopted:

386631

RULES AND REGULATIONS FOR THE SUBDIVISION OF LANDAND THE FILING AND APPROVAL OF SUBDIVISION MAPS,AND ESTABLISHING FEES IN CONNECTION THEREWITH.

Article 1. PURPOSE.

The purposes of this ordinance are the following:

(1) To provide for the regulation and control of the divisionof land within the Port Area of the City of Oakland asdefined in Section 725 of the Charter of the City ofOakland (hereinafter referred to as "the Port Area");

(2) To supplement and implement the provisions of Division 2 ofTitle 7 of the Government Code of the State of California(hereinafter referred to as the "Subdivision Map Act")concerning the design, improvement and survey data ofsubdivisions, and the form and content of all requiredmaps; and

(3) To establish the procedure to be followed in securing theofficial approval of the Chief Engineer of the Port ofOakland (hereinafter referred to as "Chief Engineer"), theExecutive Director of the Port of Oakland (hereinafterreferred to as "Executive Director") and the Board of PortCommissioners (hereinafter referred to as "Board")regarding such maps.

To accomplish these purposes, the rules and regulationsestablished by this ordinance are hereby determined to be necessaryfor the preservation of the public health, safety and general welfare;to insure orderly growth and development; to promote conservation,protection, and proper use of land; and to insure provision foradequate circulation, utilities and services.

Article 2. APPLICATION.

The rules and regulations set forth in this ordinance shall applyto all subdivisions or parts thereof within the Port Area, and to thepreparation of subdivision maps thereof and to other maps provided forby the Subdivision Map Act or this ordinance. Each such subdivisionand each part thereof lying within the Port Area shall be made andeach such map shall be prepared and presented for approval ashereinafter specified.

386632

No land shall be subdivided or developed for any purpose or useor in any manner which is not in conformity with the General Plan ofthe City of Oakland or any applicable Board adopted specific plan,such as the Oakland Shoreline Plan.

The type and intensity of land use as shown on the General Planor any such specific plan shall determine the type of streets, roads,highways, trails, utilities and public services that shall be providedby the subdivider.

Article 3. DEFINITIONS.

Words and phrases used in this ordinance, unless otherwisedefined, shall have the same meaning as they do in the Subdivision MapAct. For the purposes of this ordinance the following words andphrases are defined and shall be so construed, unless it shall beapparent form their context that a different meaning is intended:

(1) Advisory Agency. The "Advisory Agency" as defined inSection 66415 of the Subdivision Map Act shall mean theExecutive Director of the Port of Oakland, or his legallyauthorized designee, who is charged with the duties setforth in this ordinance.

(2) Street. "Street" shall mean any public or private way forvehicular traffic which is used for access to industrial,commercial, residential or other abutting property, whetherdesignated as a street, thoroughfare, road, avenue,boulevard, lane, place or however otherwise designated.

(3) Lot. "Lot" means a parcel of land occupied or capable ofbeing occupied by a use, building, or unit group ofbuildings and accessory buildings and uses.

(4) Subdivision. "Subdivision" means the division of anyimproved or unimproved land, shown on the latest equalizedcounty assessment roll as a unit or as contiguous units,for the purpose of sale, lease or financing, whetherimmediate or future. Property shall be considered ascontiguous units, even if it is separated by roads,streets, utility easements or railroad rights-of-way."Subdivision" includes a condominium project, as defined inSection 1350 of the Civil Code of the State of Californiaor a community apartment project, as defined in Section11004 of the Business and Professions Code. Any conveyanceof land to a governmental agency, public entity or publicutility or from a governmental agency or public entityshall not be considered a division of land for anypurposes. This shall not be considered a division of landfor any purposes. This ordinance shall not apply to theshort term leasing of apartments, offices, stores orsimilar space within an apartment building, industrial

386633

building, commercial building or trailer park, nor shallthis ordinance apply to mineral, oil or gas leases.

Article 4. REQUIRED MAPS.

A Tentative and Final Map shall be required for all subdivisionscreating five or more parcels, five or more condominiums as defined inSection 783 of the Civil Code, or a community apartment projectcontaining five or more parcels, except subdivisions described bysubsections (a), (b), (c) and (d) of Section 66426 of the SubdivisionMap Act.

A Parcel Map shall be required for those subdivisions describedin subsections (a), (b), (c) and (d) of Street 66426 of theSubdivision Map Act.

No Final Map or Parcel Map required by this ordinance whichcreates a subdivision shall be filed with the Port of Oakland withoutthe written consent of all parties having any record title interest inthe real property proposed to be subdivided, except as otherwiseprovided by the Subdivision Map Act.

Article 5. TENTATIVE MAPS.

(1) Contents. Every subdivider shall file with the Secretaryof the Board five (5) copies of the Tentative Map of eachproposea sunaivision togetner witn the street profiles.Such map and street profiles shall be prepared by alicensed surveyor or a registered Civil Engineer. ATentative Map shall contain the information required byAppendix A of this ordinance.

(2) Filing Fee. At the time of filing a Tentative Map with theSecretary of the Board, the subdivider shall pay a fee offifty dollars ($50.00) per map plus two dollars ($2.00) foreach lot within the subdivision.

(3) Action by Port. The Port shall take the following actionon a Tentative Map:

(a) Review by the Chief Engineer. The Secretary of theBoard shall refer the Tentative Map to the ChiefEngineer. The Chief Engineer shall submit to theExecutive Director a written report andrecommendation.

(b) Review by the Executive Director. After receiving thewritten report and recommendation from the ChiefEngineer, the Executive Director shall review theTentative Map. The Executive Director shall transmita written report and recommendation on the TentativeMap to the Board within 50 days after the filing

386634

thereof with the Secretary of the Board. In addition,the Executive Director shall, at least 3 days prior toany hearing or action on a Tentative Map by the Board,serve upon the subdivider a copy of the ChiefEngineer's and the Executive Director's written reportand recommendation.

(c) Action by the Board. At the next regular meeting ofthe Board following the filing of the ExecutiveDirector's report with it, the Board shall fix themeeting date at which the Tentative Map will beconsidered by it, which date shall be within 30 daysthereafter and the Board shall approve, conditionallyapprove, or disapprove the Tentative Map within such30-day period.

The time limits prescribed in this Article 5 may beextended by the mutual consent of the subdivider andthe Executive Director.

The Board shall not approve a Tentative Map unless itfinds that the proposed subdivision, together with theprovisions for its design and improvements, isconsistent with the City of Oakland General Plan andany applicable Port specific plan. The Board shalldeny approval of a Tentative Map if it makes any ofthe following findings:

1) That the proposed map is not consistent withapplicable general and specific plans.

2) That the design or improvement of the proposedsubdivision is not consistent with applicablegeneral and specific plans.

3) That the site is not physically suitable for thetype of development.

4) That the site is not physically suitable for theproposed density of development.

5) That the design of the subdivision or theproposed improvements are likely to causesubstantial environmental damage or substantiallyand avoidably injure fish or wildlife or theirhabitat.

6) That the design of the subdivision or the type ofimprovements is likely to cause serious publichealth problems.

38663

7) That the design of the subdivision or the type ofimprovements will conflict with easements,acquired by the public at large, for accessthrough or use of, property within the proposedsubdivision. In this connection, the Board mayapprove a map if it finds that alternateeasements, for access or for use, will beprovided, and that these will be substantiallyequivalent to ones previously required by thepublic.

The Board shall determine whether the dischargeor waste from the proposed subdivision into allexisting community sewer systems would result inor add to violations of existing requirementsprescribed by the San Francisco Regional WaterQuality Control Board, and it may on anaffirmative finding disapprove any map of asubdivision.

8) That, pursuant to Port Ordinance No. , thedesign of the subdivision, if located in adesignated recycled water use area:

(a)does not provide a water reuse system,separate and distinct from the plumbing systemused to serve domestic, residential and otherpotable uses, to serve landscaping and othernon-potable uses in common areas of suchsubdivision, and

(b)the Board has determined that using recycledwater for these purposes is economicallyjustified, and financially and technicallyfeasible

Subsection 8) does not apply to (i) a tentativemap as defined in California Government Codesection 66424.5, or a development, as defined inCalifornia Government Code section 65927, thatwas approved by the Board prior to the receiptof notification from a recycled water producerpursuant to California Government Code section65604, or (ii) a subdivision map applicationdeemed complete pursuant to CaliforniaGovernment Code section 65493 prior to theBoard's receipt of notification from a recycledwater producer pursuant to California GovernmentCode section 65604.

For purposes of this subsection, the followingdefinitions apply: (1) "designated recycled water

38663

use area" means areas within the boundaries ofthe East Bay Municipal Utility District ("EBMUD")that can or may in the future be served withrecycled water in lieu of potable water and areso designated by EBMUD; (2) "landscaping" meansthe design and improvement of common areas asprovided or described in the tentativesubdivision or parcel map, including, but notlimited to, the installation, application oroperation of vegetated areas, lawns, trees, golfcourses, parks, greenbelts, landscaped streets,and landscaped medians; (3) "potable water" meanswater that conforms to federal, state, and localagency standards for human consumption; (4)"recycled water" means water that, as a result oftreatment, is suitable for direct beneficial useor controlled use that would not otherwise occur.This term is used interchangeably with "reclaimedwater"; (5) "water reuse system" means a systemintended for the delivery of recycled waterseparate from any potable water distributionsystem, including, but not limited to, pipelines,pumps and reservoirs. The system controls thesource of supply to the point of connection witha building or structural lateral supply pipeline,intended for the delivery of recycled water. Thesystem also complies with all material andconstruction specifications contained inapplicable federal, state, and local laws.

(4) Failure to make timely determination. If no action istaken upon a Tentative Map by the Board within the timelimits specified in this ordinance or any authorizedextension thereof, the Tentative Map as filed shall bedeemed to be approved insofar as it complies with otherapplicable requirements of this ordinance and it shall bethe duty of the Secretary of the Board to certify suchapproval.

Article 6. REQUIREMENTS FOR IMPROVEMENTS.

The requirements of other applicable Port ordinances establishingstandards and restrictions regulating the use of land the design andconstruction of structures of other improvements, in addition to thefollowing requirements for proposed improvements, shall apply to allsubdivisions.

(1) Streets. The arrangement, character, extent, width, gradeand location of all streets shall conform to applicablegeneral and specific plans and shall be considered in theirrelation to existing and planned streets, to topographicalconditions, to public convenience and safety, and in their

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appropriate relation to the proposed uses of the land to beserved by such streets.

Where a proposed street is not shown in the applicablegeneral or specific plan the arrangement of streets in asubdivision shall either:

(a) Provide for the continuation or appropriate projectionof existing streets in surrounding areas; or

(b) Conform to an area plan approved or adopted by theBoard to meet a particular situation where conditionsmake continuance or conformance to existing streetsimpracticable.

Local streets shall be so laid out that their use bythrough traffic will be discouraged.

No street names shall be used which will duplicate or beconfused with the names of existing streets. Street namesshall be subject to the approval of the Board.

(2) Easements. Easements across lots or centered on rear orside lot lines shall be provided for utilities wheredesignated by the Chief Engineer.

/ DX •-• ------. ---,--, ------, ---

determined with due regard to:

(a) Provision of adequate building sites suitable to thespecial needs of the type of use contemplated;

(b) Port requirements as to lot sizes and dimensions;

(c) Needs for convenient access, circulation, control andsafety of street traffic.

(4) Lot Sizes. Lot sizes shall be governed by the followingrequirements:

(a) Depth and width of properties reserved or laid out forcommercial and industrial purposes shall be adequateto provide for the off-street parking facilitiesrequired by the type of use and developmentcontemplated;

(b) Corner lots shall have extra width to permitappropriate building setback from and orientation toboth streets;

(c) Each lot shall abut on a public street;

386638

(d) Double frontage and reverse frontage lots should beavoided except where essential to provide separationof development from traffic arteries or to overcomespecific disadvantages or orientation. A plantingscreen easement across which there shall be no rightof access shall be provided along the line of lotsabutting such a traffic artery; and

(e) Side lot lines shall be substantially at right anglesor radial to street lines.

(5) Public Sites and Open Spaces. Where deemed essential bythe Board and in conformity with Sections 66475 - 66478 andSections 66479 - 66482 of the Subdivision Map Act, theBoard may require dedication or reservation of open areasor other public uses (including access to or along thewaterfront) of a character, extent and location suitable tothe needs created by such development or as required bySections 66478.4 - 66478.14 of the Subdivision Map Act.

(6) Utility and Street Improvements. Utility and streetimprovements shall be provided in each new subdivision inaccordance with the standards and requirements establishedby the Chief Engineer.

(7) Exceptions to Requirements. The Board may in the exerciseof reasonable judgment grant such variances as itdetermines warranted where the size of the subdivision ortopographic conditions of the property make it impracticalto conform to all of the provisions prescribed by thisordinance; provided, however, that no variance may be madeto any requirements imposed by the Subdivision Map Act.

Article 7. FINAL MAPS.

(1) Preparation and Filing. Within one (1) year after the dateof the approval or conditional approval of the TentativeMap by the Board the subdivider shall cause the proposedsubdivision to be accurately surveyed in accordance withthe Tentative Map and with any and all alterations orchanges required therewith. Within said period thesubdivider shall file with the Chief Engineer a Final Mapwith necessary duplicate tracings and paper prints of theland division conforming in all particulars to theprovisions of the Subdivision Map Act and of this ordinanceas required by the Chief Engineer. A statement as to thenature and type of street and drainage improvements to beconstructed, together with the necessary sets of completeplans, profiles, details and specifications for suchimprovement shall also be filed.

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If the subdivider fails to file such a Final Map with theChief Engineer within one (1) year after the date of theapproval or conditional approval of the Tentative Map bythe Board, the Tentative Map shall expire. Uponapplication of the subdivider filed prior to the expirationof such Tentative Map, the time at which such map expiresmay be extended by the Board for a period or periods notexceeding a total of two (2) years.

(2) Information in Final Maps. Every Final Map shall be drawnat a scale of one (1) inch equals one hundred (100) feet orless, on a sheet or sheets eighteen (18) by twenty-six (26)inches. A marginal line shall be drawn completely aroundeach sheet leaving an entirely blank margin of one inch.The scale of the map shall be large enough to show alldetails clearly and enough sheets shall be used toaccomplish this end. The particular number of the sheetand the total number of sheets comprising the map shall bestated on each of the sheets, and its relation to eachadjoining sheet shall be clearly shown. A Final Map shallcontain the information required by Appendix A.

(3) Preliminary Soil Report. Prior to the submission of theFinal Map the subdivider shall file with the Chief Engineera preliminary soil report, prepared by a civil engineer whois registered by the State of California, based on suchexamination, borings, excavations and tests, as may benecessary. This report shall specify what measures arenecessary so that any proposed grading will result inslopes that are in accordance with good engineeringpractices and are reasonably stable against sliding andexcessive erosion. The report shall state whethercritically expansive soils are present, and shall indicateany other characteristics of the soil which may createhazards or problems, and recommend what measures arenecessary to avoid these hazards or problems. Thepreliminary soil report may be waived if the Chief Engineershall determine that, due to his knowledge of the soilqualities of the subdivision site and the amount of gradingwork involved, no preliminary analysis is necessary.

(4) Grading Work. All grading work shall be done under thedirection of a civil engineer, registered by the State ofCalifornia. Prior to the acceptance of the subdivisionimprovements, said civil engineer shall file with the ChiefEngineer a certificate stating:

(a) That the grading work was done under his direction andin accordance with the recommendations of thepreliminary report, if a preliminary report wasrequired, or with such modifications thereof, if any,as may have been made by him. All modifications made

3866310

by the civil engineer shall be specifically set forthin his certificate.

(b) That in his professional opinion the graded slopes arein accordance with good engineering practices and arereasonably stable against sliding.

(c) That adequate measures have been taken to preventerosion on the site, and/or deposition of erodedmaterial on the site or on lower or adjacentproperties.

(d) The magnitude of the total settlements anddifferential settlements which are likely to occur,the allowable loads or bearing pressure which may beimposed, and that compaction is adequate for the usesproposed for the property and to develop therecommended bearing pressures.

(e) Any limitations which should be imposed on thedevelopment of the property because of soilconditions, including the designation of such areas ashe may determine to be unsafe for building.

The Chief Engineer may reject a certification which in theChief Engineer's judgment does not adequately meet the

/ASL. 0 V,

(5) Soil Investigation. If the preliminary soil reportindicates the presence of critically expansive soils,instability of slopes, or other soil problems which maylead to structural damage, a soil investigation of each lotin the subdivision shall be made by a civil engineer who isregistered by the State of California. The soilinvestigation shall be made after grading, and a reportshall be submitted recommending corrective action which islikely to prevent structural damage to each structureproposed to be constructed in the subdivision. Copies ofthe report shall be filed with the Chief Engineer. Theinformation contained in the report of the soilsinvestigation may be included in the certificate respectingthe grading work.

(6) Approval of Soil Reports. The Chief Engineer shall approveor disapprove the recommendations for corrective action toprevent structural damage to each structure to beconstructed on each lot in the subdivision. Appeal fromthe Chief Engineer's disapproval shall be to the Board. Thebuilding permit shall be conditioned upon the incorporationof the approved recommended corrective action in theconstruction of each structure.

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(7) Constructionpresented tountil theimprovementsagreeing toimprovement

of Improvements. No Final Map shall bethe Board by the Chief Engineer for approvalsubdivider either completes the requiredor enters into a contract with the Boarddo such work and files with the Boardsecurity approved by the Port Attorney.

"Improvement security" means one or more of the following:(1) a cash deposit or deposits made with the Port; (2) abond or bonds by one or more duly authorized corporatesecurities in the form required by the Subdivision Map Act;or (3) an instrument or instruments of credit from one ormore financial institutions subject to regulation by thestate or federal government pledging that the fundsnecessary to meet the performance are on deposit andguaranteed for payment. Said improvement security shall bein the amounts, in addition to costs and reasonableexpenses and fees, including reasonable attorneys' fees,incurred by the Board in successfully enforcing theobligation secured, and for the following purposes: (a) Anamount determined by the Board, not less than 50 percentnor more than 100 percent of the total estimated cost ofthe improvement, conditioned upon the faithful performanceof the agreement or contract; (b) an additional amountdetermined by the Board not less than 50 percent nor morethan 100 percent of the total estimated cost of theimprovement securing payment to the contractor, hissubcontractors and to persons renting equipment orfurnishing labor or materials to them for the improvement;and (c) an amount determined by the Board necessary for theguarantee and warranty for the work for a period of one (1)year following the completion and acceptance thereofagainst any defective work or labor done, or defectivematerials furnished.

(8) Installation of Monuments. Before the Board shall approvea Final Map approved permanent monuments shall be set atthe locations indicated on the map and in conformity withSections 66495-66496 of the Subdivision Map Act and withthe Chief Engineer's specifications, or appropriateguarantee shall be included as an improvement under Section(7) of this Article 7. Monuments shall be installed atstreet intersections, between street intersections wherenecessary to preserve the street alignment and the anglepoints along the exterior boundaries where necessary.Deferred settings shall comply with the procedures providedby Sections 66496-66498 of the Subdivision Map Act.

(9) Checking Engineering Information on Final Map. Thesubdivider shall furnish the Chief Engineer copies of thefield notes, traverse sheets and all other data necessaryto ascertain that the Final Map is technically correct.When the Final Map is presented to the Chief Engineer, the

3866312

subdivider shall pay a fee to the Port to cover the cost ofchecking the information shown on the Final Map in the sumof fifty dollars ($50.00) plus one dollar ($1.00) for eachnumbered lot shown on said Final Map. The Chief Engineershall complete and file with the Secretary of the Boardwithin twenty (20) days after receiving the Final Map andother required information, the certificate required byParagraph 27 of Appendix A.

(10) Reversion to Acreage.

(a) Upon a title sheet of each map filed for the purposeof reverting subdivided land to acreage, the subtitleshall consist of the words "Reversion to Acreage of

(insert legaldescription of the land being reverted).

(b) No dedication for street or other public purposesshall be required as a condition of approval of aReversion to Acreage Map.

(c) Maps recorded solely for the purpose of combiningportions of vacated streets with adjoining lots shallbe treated procedurally as Reversion to Acreage Maps.

(11) Application of Final Map Provisions. Except as otherwiseprovided in this ordinance, the provisions and proceduresrelating to Final Maps shall apply to all land divisions.

(12 Action on Final Map and Dedication of Land for Public Use.When all the certifications which are required on the FinalMap (except the approval certificate of the Secretary ofthe Board) have been signed and, where necessary,acknowledged the Final Map may be filed with the Secretaryof the Board for approval by the Board. The Board shallapprove or disapprove the Final Map and shall request thatthe Oakland City Council accept or reject any or all offersof dedication of land for public use. If the Boarddisapproves a Final Map it shall accompany its disapprovalwith findings identifying the requirements or conditionswhich have not been made or performed. The Board shallapprove the Final Map if it finds that the Final Map is insubstantial compliance with the previously approvedTentative Map. The Secretary of the Board shall certify onthe map the action taken by the Board.

Article 8. PARCEL MAPS.

(1) When Required. Except as provided by subsections (2) and(3) below, a Parcel Map shall be required in all divisionsof real property described by subsections (a), (b), (c) or

3866313

(d) of Section 66426 of the Subdivision Map Act or forother subdivisions for which a Final Map is not required.

(2) Waiver of Parcel Map. The requirements of a Parcel Map maybe waived by the Executive Director if the ExecutiveDirector finds that the proposed division of land complieswith the requirements of this ordinance and the SubdivisionMap Act as to consistency with general or specific plans,area, improvement and design, flood water and drainagecontrol, street improvement, sanitary disposal facilities,water supply availability, environmental protection and anyother requirements of this ordinance and the SubdivisionMap Act. Requests for waiver shall be accompanied by a$15.00 processing fee. If a Parcel Map is required, the$15.00 fee shall be deducted from the Parcel Map filingfee.

(3) Contents of Tentative Parcel Map. A Tentative Parcel Map,prepared by a registered civil engineer or licensed landsurveyor, shall be filed with the Secretary of the Board.A Tentative Parcel Map shall contain the informationrequired by Appendix.

(4) Filing Fee and Review of Tentative Parcel Map. Five (5)prints of a Tentative Parcel Map, prepared in conformancewith this ordinance shall be filed with the Secretary ofthe Board., together with payment of a tiling tee of $5U.UU.The Secretary of the Board shall refer to the ChiefEngineer of the Port the Tentative Parcel Map fore reviewand reporting. The Chief Engineer shall submit to theExecutive Director a report and recommendation. TheExecutive Director, within fifty (50) days after theSecretary's receipt of the Tentative Parcel Map meeting allrequirements of this ordinance, shall act upon the map andthereafter notify the subdivider that the map is: (a)approved, (b) conditionally approved, or (c) disapproved.The Executive Director shall not approve the TentativeParcel Map or Parcel Map unless he finds that the proposedsubdivision, together with the provisions for its designand improvement, is consistent with the City of OaklandGeneral Plan and any applicable Port specific plan. If theExecutive Director fails to act within the prescribed timelimit, the Tentative Parcel Map shall be deemed approved.

The time limits prescribed herein for acting upon aTentative Parcel Map may be extended by mutual consent ofthe subdivider and the Executive Director.

(5) Preliminary Soil Report. Prior to the submission of theParcel Map the subdivider shall file with the ChiefEngineer a preliminary soil report prepared in accordancewith the provisions of Section (3) of Article 7 of this

3866314

ordinance, unless waived in accordance with said Section(3) .

(6) Contents of Parcel Map. A Parcel Map, prepared by aregistered civil engineer or licensed land surveyor incompliance with all of the provisions pertaining to theapproval of such maps in the Subdivision Map Act, the LandSurveyors Act and this ordinance, and containing thecertificates required by the Subdivision Map Act, shall befiled subsequent to a Tentative Parcel Map. Such Map shallconsist of one or more 18-inch by 26-inch sheets with f-inch margin along each side and shall conform to allprovisions of Section 66445 of the Subdivision Map Act.The Parcel Map shall contain the information required byAppendix A.

(7) Parcel Map Filing and Map Check. Two (2) prints of aParcel Map prepared in conformance with Section (6) of thisArticle 8 shall be filed with the Chief Engineer within one(1) year from the date of approval or conditional approvalof the Tentative Parcel Map, or within such additional timeas may be granted by the Executive Director, not exceedinga total of two (2) years. Failure to file a Parcel Mapwithin these time limits shall nullify the previousapproval or conditional approval of the Tentative ParcelMap.

Within twenty (20 days after receiving the Parcel Mapprints or within such additional time as may be reasonablynecessary, the Chief Engineer shall examine it for thesurvey information shown thereon and for substantialconformance with the approved Tentative Parcel Map. If heis satisfied that it is technically correct and inconformance, he shall notify the subdivider that atransparency of the Parcel Map may be submitted, and theChief Engineer shall sign the appropriate certificatethereon. The divider shall promptly thereafter furnish theChief Engineer with the following copies for the Port'spermanent files: one (1) Mylar duplicate tracing and one(1) paper print.

The procedure for approval or disapproval of Parcel Mapsand modification shall be the same for Parcel Maps asprovided by this ordinance for Final Maps, except that theExecutive Director shall act instead of the Board.

Article 9. COMPLIANCE.

(1) Technical and Inadvertent Error. A map which fails tosatisfy the provisions of this ordinance as the result of atechnical and inadvertent error may be approved if theBoard or Executive Director, as appropriate, determines

3866315

that the error does not materially affect the validity ofthe map.

(2) Notice of Violation. Whenever the Port has knowledge thatreal property has been divided in violation of theprovisions of this ordinance or of the Subdivision Map Actit shall cause to be filed for record with the recorder ofthe County of Alameda, notices of violation in accordancewith Section 66499.36 of the Subdivision Map Act,describing the real property in detail, naming the ownerthereof and describing the violation. Such notice, whenrecorded, shall be deemed to be constructive notice of theviolation to all successors in interest in such property.

(3) Certificate of Compliance. A certificate of complianceshall be issued and recorded as provided in Section66499.35 of the Subdivision Map Act. Application thereforeshall be made to the Chief Engineer and a fee of twentydollars ($20.00) shall be assessed to cover the cost ofissuing and recording the certificate.

(4) Transmittal of Map to Board of Supervisors. After theBoard approves a Final or Parcel Map the Secretary shalltransit the map to the Clerk of the Alameda County Board ofSupervisors for ultimate filing with the County Recorder.

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APPENDIX AInformation Required On Tentative, Final,

Tentative Parcel and Parcel Maps

1. True north arrow, scale anddate.

2. Name and address of subdivider,record owners and surveyor orcivil engineer preparing themap.

3 Location and name, tract numberor other description ofsubdivision according to thereal estate records of theCounty Recorder of AlamedaCounty.

All Maps

All Maps

All Maps

4. Boundary line of the tract to be All Mapssubdivided.

Tentative & TentativeParcel Maps

5. Tract number or names ofadjacent subdivisions or namesof record owners of adjoiningparcels of unsubdivided land.

6. Location, width and names of allexisting or platted streets ofother public ways within,adjacent to or intersection theboundary of the tract.

7. Location, size and names of anyexisting structure or featuresto remain on parcels.

8. Existing sewers, culverts orunderground structures withinthe tract and immediatelyadjacent thereto with pipesizes, grades and locationsindicated.

9 Contours with intervals of five(5) feet or less referred toPort of Oakland Datum (theequation between Port of OaklandDatum and City of Oakland Datumshall be shown); sufficientelevation shall be shown todetermine slope of land anddrainage features.

All Maps




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10.Layout of proposed lots,dimensions, square footage andnumerical or alphabeticaldesignation of each parcel.

11.Location, layout, purpose, namesand width of all existing andproposed public and privateeasements including streets

12.Indication of any land orportions thereof with theboundaries of a proposedsubdivision or adjacent theretosubject to overflow, inundationor flooding by storm or tidalwaters.

All Maps

All Maps


13.Proposed vehicular access to Tentative & Tentativeeach parcel. Parcel Maps

All Maps14.All parcels of land intended tobe dedicated for public use orreserved for use of propertyowners in the proposedsubdivision, with purposesindicated thereon.

15.Profile of each proposed streetwith tentative grades.

16.Cross sections of proposedstreets showing the width ofroadways, location and width ofsidewalks.

17.Provisions of drainage, floodcontrol, sewage disposal andwater supply. Plan and profileof proposed sanitary and stormwater sewers and other publicutilities, with grades and sizesindicated.

18.The amount of street grading,paving, curbing and sidewalk andstorm, sanitary and otherimprovements proposed to beconstructed.

Tentative Map

Tentative Map


Tentative Map

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19.Proposed land use, developmentdensity. Any restrictions as touse, occupancy of land, buildingsetback lines, value ofconstruction etc., as imposed bysubdivider.

20.Locations, distances andbearings for tract and parcelboundary lines, establishedstreet lines or officialmonuments which shall beaccurately tied to the lines ofthe subdivision by saiddistances and bearings.

21.Lengths of all arcs, radii,internal angles, points ofcurvature, length and bearingsof the tangents.

22. Location of public access toand/or along waterfront, ifapplicable.

23.Reference to soils report, ifprepared, including date of thereport and name of engineermaking the report.

24.A certificate as required bySection 66436 of the SubdivisionMap Act, signed and acknowledgedby all parties having any recordtitle interest in the landsubdivided consenting topreparation and recordation ofsaid map.

25.A certificate as required bySection 66439 of the SubdivisionMap Act, signed and acknowledgedas above, offering fordedication for certain specifiedpublic uses those parcels to bededicated.

All Maps

Final and Parcel Maps

Final and Parcel Maps

All Maps

Final Map

Final Map

Final Map

3866319

26.A certificate as required bySection 66441 of the SubdivisionMap Act, by the engineer orsurveyor stating that the surveyis a true copy and complete,that monuments are of characterand occupy positions indicated,and that the survey can beretraced from monuments and dataprovided.

27.A certificate as required bySection 66442 of the SubdivisionMap Act, by the Chief Engineerstating that he has examined theFinal Map and it: 1) is inaccord with the Tentative Map,2) complies with the SubdivisionMap Act and this ordinance, and3) is technically correct.

28.A certificate as required bySection 66440 of the SubdivisionMap Act, for execution by theSecretary of the Board statingthat the Board approved theFinal Map.

Final Map

Final Map

Final Map

29.Any protective covenants in form Final and Parcel Mapsfor recording.

Final and Parcel Maps30. Other certificates, affidavits,endorsements, or stipulations asmay be required by the Port inthe enforcement of rules AndRegulations.

31.Location, type and trunkdiameter of trees measuring atleast twelve (12) inches indiameter at a location four (4)feet above grade.

32. Certificates of surveyor, owner,Chief Engineer, Secretary of theBoard and County Recorder asrequired by Sections 66445,66449 and 66450 of theSubdivision Map Act.


Parcel Map

Any required information which is impossible or impractical to placeon maps shall be submitted in writing with the maps.

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Section 2. If any section, subsection, sentence, clause orphrase of this ordinance is for any reason held to be invalid orunconstitutional, such decision shall not affect the validity of theremaining portions of this ordinance. The Board of Port Commissionersof the City of Oakland hereby declares that it would have passed thisordinance, and each section, subsection, sentence, clause and phrasethereof, irrespective of the fact that any one or more other sections,subsections, sentences, clauses or phrases be declared invalid orunconstitutional.

In Board of Port Commissioners, Oakland, California, May 7, 2002.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.




Ayes:

Noes:

Absent:


None


Attu

President.

Secretary.

3866321


oral No. 93225


I the matter of:



That the

PUBLIC NOTICE


MAY 15, 2002



terns; and insulating attic gttic spaces, where requiredrovioing, all as shownmakeup

on the Plans orexistingspecified in th

. ,.......,.. .nynyi as, p tresh air to the heatin syProject Manual.Phase 2 (100 town houses and single family houses) is a 240 calendar day project. Phase3, 4, & 5 will each have a 240 calendar day completion time approximately 100 houses in eacphase, depending on the number of houses enrolled in the program.For Phases 3, 4, and 5, the Port will issue a Notice to Proceed (NW) as Sound InsulatioProgram funding becomes available. The Port, at it's discretion, may issue a NW prior to cornpletion of a previous phase and the summary of work and number of houses

may increase o,„ decrease in each phase without recourse or penalty to the Port.5i Jan 6u1SpeAPV ea fiO N a ilW 'd

A California Class El contractor's license is required prior to award of this Contrecventures must secure a joint venture license prior to award of this ContractThis project is funded by the Federal Aviation Administration 'through the Department oTransportation and must comply with DOT's Disadvantaged Business Enterprise (DBEProgram ,regulations (see Title 49, Code of Federal Regulations, Part 26). The use, of DBECertified Contractors is encouraged. This project has a goal of 8.0 percent DBE participation.DBE contractors and subcontractors must be certified at the time of bid opening. The Port willaccept current DBE certifications from other agencies that follow 49 CFR Part 26. Questions'109JJ00 pUe artl regarding the DBE program may be directed to Sonja C. Stewart at (510)

446-7631 or viaSI 6L110.69JOJ eiD ley; 41111.1ed JO A4JeUed ellj Jepun (eJepep JO) 41-10°I DBE's as defined in 49 CFR Part 26 shall have the maximum Opportunity to participate in

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the performance of contracts financed in whole or in part with Federal funds under thisj agreement. Consequently, the DBE requirements of 49 CFR Pan 26 apply to this agreement.1 The Port of Oakland's Non-Discrimination and Small/Local Business Utilization Policy' including preference points allocation for local business, does not apply to this project.R7%431011E,September 24, 1985, and to the Equal Employment Opportunity (EEO) and Federal labor

The proposed contract is under and subject to Executive Order 11246, as amended, ofAl labor on the project shall be paid no less than the minimum wage rates established bythe U.S. Secretary of Labor or by the Director of the Department of Industrial Relations of theState of California, whichever is higher, for the particular crafts, classifications or types ofworkers employed on the project, which are in effect at the time of advertising for bids.Each bidder must supply all the information required by the bid documents andspecifications.The EEO requirements, labor provisions and wage rates are included in the

specificationsand bid documents and are available for inspection at Port of Oakland Building, 530 WaterStreet, second floor, Engineering Service Counter.Each bidder must complete, sign and furnish, at the

time and place designated inDocument 00200, Instructions to Bidders, the followingthe

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CITY OF OAKLAND


AN ORDINANCE ESTABLISHING GENERAL RULES ANDREGULATIONS GOVERNING USE AND DISTRIBUTIONOF RECYCLED WATER.


Section 1. FINDING AND INTENT.

The Board of Port Commissioners of the City of Oakland ("Board") findsthat:

a) Statewide policies contained in the California Water Code attemptto prevent the waste and unreasonable use of water. Inappropriate circumstances, using potable water for lanascapingand other non-potable uses may be considered unreasonable whererecycled water of suitable quality is available, use of saidrecycled water is economically justified and provision thereof istechnically and financially feasible.

b) The Port of Oakland ("Port") is dependent on limited imported,well, or surface water. The Port must consider the long-termreliability of local and imported supplies. By developing andutilizing recycled water, the Port's need for additional well,imported, surface, or ground water may be reduced.

c) State law mandates that local water agencies, which providerecycled water to cities and counties within their jurisdictions,designate "recycled water use areas." The East Bay MunicipalUtility District ("EBMUD") has informed the Port that recycledwater will be available to the Port and that EBMUD's designatedrecycled water use areas will include portions of the Port Area.A complete list of EBMUD's designated recycled water use areas,and the precise geographic boundary descriptions and maps of suchareas shall be filed with and maintained by the Port EngineeringPermits Section.

d) State law mandates that cities and counties which have recycledwater available to them and are part of designated recycled water

38634

use areas, adopt and enforce an ordinance that meets certainrequirements.

e) In light of these findings, this Ordinance is necessary toprotect and enhance public health and safety and economicdevelopment.

f) This Ordinance meets the mandate by, inter alia, making certainfindings and establishing general rules and regulations governinguse and distribution of recycled water.

g) Port Ordinance No. 2124, "An Ordinance Establishing Rules andRegulations for the Subdivision of Land and the Filing andApproval of Subdivision Maps, and Establishing Fees in ConnectionTherewith," shall also be modified to conform herewith.

Section 2. POLICY AND PURPOSE.

a) It is the policy of the Board that recycled water determined tobe available pursuant to California Water Code section 13550shall be used for non-potable uses within designated recycledwater use areas in the Port Area when the Port determines thatthere is not an alternative higher or better use for the recycledwater, and use thereof is economically justified and isfinancially and technically feasible for projects underconsideration by the Board.

b) This Ordinance does not apply to either of the following:

1) A tentative map as defined in California Government Codesection 66424.5, or a development as defined in CaliforniaGovernment Code section 65927, that was approved by the Boardprior to the receipt of notification from a recycled waterproducer pursuant to California Government Code section 65604.

2) A subdivision map application that is deemed completepursuant to California Government Code section 65493 prior to theBoard's receipt of notification from a recycled water producerpursuant to California Government Code section 65604.

Section 3. DEFINITIONS.

The words, terms, and phrases hereinafter in this section definedshall, whenever used in this Ordinance, have the meaning set forth inthis section, unless the context requires a different meaning:

1) "CEQA" means the California Environmental Quality Act.

2) "Designated recycled water use area" means areas within theboundaries of EBMUD that can or may in the future be served withrecycled water in lieu of potable water and are so designated byEBMUD.

38634

3) "Development entitlement application" means an applicationfor a project or activity requiring approval of the project's land useor an activity associated with the implementation or construction of aproject and where the Board has discretionary approval authority oversuch application or project, including, but not limited to,applications for or projects requiring a tentative or parcel mappursuant to California Government Code section 66426.

4) "Landscaping" means the design and improvement of commonareas as provided or described in the development entitlementapplication, including, but not limited to, the installation,application or operation of vegetated areas, lawns, trees, golfcourses, parks, greenbelts, landscaped streets, and landscapedmedians.

5) "Non-potable water" means water that is unsuitable forhuman consumption, including groundwater or surface water which may beused for a beneficial purpose in compliance with applicable federal,state, and local laws defining standards for non-potable water uses.

6) "Port Area" means that area defined in Article VII, Section725 of the Charter of the City of Oakland.

7) "Potable water" means water that conforms to federal,state, and local agency standards for human consumption.

8) "Recycled water" means water that, as a result oftreatment, is suitable for direct beneficial use or controlled usethat would not otherwise occur. This term is used interchangeablywith "reclaimed water."

9) "Recycled water use area" means a geographic areaidentified by the EBMUD and for which recycled water is eithercurrently available or is expected to be available within ten years ofthe effective date of this Ordinance.

10) "Water reuse system" or "Recycled water distributionsystem" means a system intended for the delivery of recycled waterseparate from any potable water distribution system, including, butnot limited to, pipelines, pumps and reservoirs. The system controlsthe source of supply to the point of connection with a building orstructural lateral supply pipeline, intended for the delivery ofrecycled water. The system also complies with all material andconstruction specifications contained in applicable federal, state,and local laws.

Section 4. GENERAL RULES AND REGULATIONS.

a) Save for development entitlement applications on file withthe Board on or before December 31, 2001 and as provided in Section 2b) and Section 4 e) of this Ordinance, all development entitlement

38634

applications filed with the Board for projects which are in a recycledwater use area in the Port Area and are:

1) greater than five (5) acres; or

2) greater than 200,000 square feet in floor area; or

3) a portion of an area of aggregate developmentpotential greater than five (5) acres or 200,000 square feet in floorarea shall be referred by the Board to EBMUD for determination andpossible designation of requirements for water reuse. The thresholdrequirements listed under Section 4 are to be considered guidelinesonly. The Board may use its discretion to change these thresholdrequirements when appropriate.

b) All development entitlement applications subject to Section4 a) presented to the Board for approval shall be referred to EBMUD assoon as it may be reasonably done after the Board receives such adevelopment entitlement application (but in no event more than thirty(30) days after such an application is determined or deemed completeby the Board).

c) Except as provided in section 4 d), no developmententitlement application subject to Section 4 a) will be approved bythe Board until

1) the tioara receives written notification or allrequirements imposed and required by EBMUD for non-potable water facilities,

2) such requirements are reviewed and considered by theBoard for inclusion as a condition or otherwise in anyapproval of the pending application, and

3) the Board determines whether there is not analternative higher or better use for the recycledwater, its use is economically justified, and its useis financially and technically feasible for thelandscaping, and other non-potable uses, of suchdevelopment.

d) Should EBMUD fail to provide the written notificationdescribed in section 4 c) 1) within thirty (30) days of the date onwhich the Board referred said application to EBMUD, the Board willdeem that EBMUD has determined not to require water reuse and mayconsider the involved pending application for approval.

e) With respect to development entitlement applicationssubject to Section 4 a) for which a tentative or parcel map isrequired pursuant to California Government Code 66426, the Boarddetermines that recycled water is available and a water reuse system,separate and distinct from the plumbing system used to serve domestic,

38634

residential and other potable uses, shall be required to serve orprovide for landscaping and other non-potable uses so long as theBoard makes the requisite finding under Section 4 c) 3).

f) Notwithstanding the other provisions of the section, theBoard may take action at any time and approve or deny a pendingdevelopment entitlement application if the said application wouldotherwise be deemed approved or otherwise decided by operation of law.

g) Compliance with this section shall be deemed compliancewith the policy set forth in Section 2, hereof.

h) CEQA COMPLIANCE. The "Lead Agency" as defined in CEQA(California Public Resources Code §§ 21000-21177) shall haveresponsibility for all of the requirements therein.

Section 5. SEVERABILITY.

If any section, paragraph, sentence,Ordinance or any part thereof, isunconstitutional, invalid, or ineffectivejurisdiction, said decision shall noteffectiveness of the remaining portions of

clause, or phrase of thisfor any reason held

by any court of competentaffect the validity or

this Ordinance, or any partthereof. The Board hereby declares that it would have passed eachsection, subsection, subdivision, paragraph, sentence, clause, orphrase herein, irrespective of the fact that any one or more sections,subsections, subdivisions, paragraphs, sentences, clauses, or phrasesbe declared unconstitutional, invalid, or ineffective.

In Board of Port Commissioners, Oakland, California, May 7, 2002. Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer,Protopappas, Scates, Uribe and President Tagami - 7. Noes: None. Absent: None.

John T. Betterton, Secretary of the Board



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

Noes:None

Absent: Commissioner Scates - 1

38634


Legal No. 93161

ING

Este

d -ter

ter.ingtnd

ndIci-he


Ithe matter of:


Pwto-by

.he undersigned below, deposes and says that he/she was the publicattlotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofieneral circulation as defined by Government Code Sectioni000 adjucated as such by the Superior Court of the State of

p 3alifornia, County of Alameda (Order Nos. 237798, December 4,1951) which is published and circulated in Oakland Township in said;ounty and state seven days a week.

chat the

PUBLIC NOTICE

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

MAY 15, 2002

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

'ublic Notice Advertising Clerk


Legal No. 93161


AN ORDINANCE ESTABLISHING GENERAL RULES AND REGULATIONS GOVERNINGUSE AND DISTRIBUTION OF RECYCLED WATER.


Section 1. FINDING AND INTENT.

The Board of Port Commissioners of the City of Oakland ("Board") finds that:

a) Statewide policies contained in the California Water Code attempt to prevent the wasteand unreasonable use of water. In appropriate circumstances, using potable water for land-scaping and other non-potable uses may be considered unreasonable where recycled waterof suitable quality is available, use of said recycled water is economically justified and provi-sion thereof is technically and financially feasible.

b) The Port of Oakland (Torn is dependent on limited imported, well, or surface water.The Port must consider the long-term reliability of local and imported supplies. By developingand utilizing recycled water, the Port's need for additional well, imported, surface, or groundwater may be reduced.

c) State law mandates that local water agencies.counties within their jurisdictions, desion..-pal Utility District ("Es.m/ - --Port and th'

Jo Ast12133S

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Ithe matter of:


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ss3x1313 satruig!dable to them 'he undersigned below, deposes and says that he/she was the publiciy..iou mance that

ownship in said


CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833RELATING TO MODIFICATION OF BASIC CRANE RENTALRATES, DELETING CRANES NOS. X-423, X-441 AND X-442AND ADDING NEW CRANES NOS. X-434, X-435, X-C14, X-C15, X-C16, X-C17, X-C18 AND X-C19 TO TARIFF NO.2-A.


Section 1. The rental provisions of Item No. 09150 of PortOrdinance No. 2833 are hereby amended to read as follows:

TERMINAL LOCATION: TRANS BAY CONTAINER TERMINALBERTHS 25-26

ITEMNO.

PORT CRANE NO. X-411 X-412 X-434 X-435

091509150

TYPE PACECO PACECO ZPMC ZPMC

PreferentialAssignee:

Interna-tional

Transpor-tation

Services

Interna-tional

Transpor-tationServices

Interna-tional

Transpor-tation

Services

Interna-tional

Transpor-tationServices

Rental Basis PerLift:

Loadedor

Empty TEU

Loadedor

Empty TEU'

Loadedor

Empty TEU

Loadedor

Empty TEU

Basic Rental: $ 11.55 $ 11.55 $ 13.00 $ 13.00

Additional:Maintenance &

Repair:Power:

3.50.50

$ 3.50.50

$ 3.50.70

$ 3.50.70

'Total Rental: $ 15.55 $ 15.55 $ 17.20 $ 17.20

Subject toNotes:

1, 2, 4& 5

1, 2, 4& 5

1, 3, 4& 5

1, 3, 4& 5

38449

NOTE 1:

This is an electric powered traveling gantry-type containercrane.

NOTE 2:

Rated capacity under the spreader of this crane is not to exceed40,600 kg.

NOTE 3:

Rated capacity under the spreader of this crane is not to exceed66,040 kg.

NOTE 4:

This crane can be used at Berths 23, 24, 25 and 26.

NOTE 5: Electrical power for these cranes will be provided and billed bythe Port.

Section 2. Item No. 09155 of Port Ordinance No. 2833 andNotes 2 and 3 thereto, respectively, are hereby amended to read asfollows:

(a) The rental provisions are amended to readas follows:

TERMINAL LOCATION: BEN E. NUTTER TERMINALBERTH 35-38

PORT CRANE NO. X-424 X-425 X-426 X-437

09155

TYPE KOCKS KOCKS KOCKS ZPMCPreferential Assignee: Marine

TerminalsCorp.

MarineTerminals

Corp.

MarineTerminals

Corp.

MarineTerminals

Corp.Rental Basis Per Lift: Loaded

orEmpty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEUBasic Rental: $ 11.55 $ 11.55 $ 11.55 $ 11.55Additional:

Power: $ .70 $ .70 $ .70 $ .70Total Rental: $ 12.25 $ 12.25 $ 12.25 $ 12.25Subject to Notes: 1, 2 & 4 1, 2 & 4 1, 2 & 4 1, 3 & 4

(b) Note 2 is amended to read as follows:"Rated capacity under the spreader of this crane is not to exceed50,800 kg."

(c) Note 3 is amended to read as follows:"Rated capacity under the spreader of this crane is not to exceed50,900 kg."

Section 3. Item No. 09157 of Port Ordinance No. 2833 ishereby deleted.

Section 4. Item No. 09160 of Port Ordinance No. 2833 ishereby deleted.

238449

Section 5. Item No. 09163 of Port Ordinance No. 2833 shallbe amended to change the Preferential Assignee regarding Crane Nos. X-C10, X-C11, X-C12 and X-C13 from "Hanjin Shipping Company Ltd." to"Total Terminals International, LLC" and to change Note 4 to read asfollows: "Electrical power for these cranes will be provided and billedby the Port".

Section 6. A new Tariff Item No. 09164 is hereby added toPort Ordinance No. 2833, to read as follows:

TERMINAL LOCATION: SSA TERMINALS, LLCBERTHS 57-59

PORT CRANE NO. X-C14 X-C15 X-C16 X-C17TYPE ZPMC ZPMC ZPMC ZPMC

Preferential Assignee: SSATerminals,

LLC

SSATerminals,

LLC

SSATerminals,

LLC

SSATerminals,

LLC

Rental Basis Per Lift: Loadedor

Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU

Loadedor

Empty TEU09164

Basic Rental: $ 14.00 $ 14.00 $ 14.00 $ 14.00Additional:

MaintenanceRepair:

Power:

$ 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,& 4

1, 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 exceed66,044 kg.

NOTE 3: This crane is capable of twin lift.

NOTE 4: Electrical power for these cranes will be provided and billed by thePort.

338449

TERMINAL LOCATION: SSA TERMINALS, LLCBERTHS 57-59

PORT CRANE NO. X-C18 X-C19TYPE ZPMC ZPMC

Preferential Assignee: SSA SSATerminals,

LLCTerminals,

LLCRental Basis Per Lift: Loaded Loaded

or or This space

Empty TEU Empty TEU intentionallyleft blank

09164Basic Rental: $ 14.00 $ 14.00Additional:

Maintenance & Repair: $ 3.50 $ 3.50Power: $ .70 $ .70

Total Rental: $ 18.20 $ 18.20Subject to Notes: 1, 2, 3 1, 2, 3

& 4 & 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 exceed66,044 kg.

NOTE 3: This crane is capable of twin lift.

NOTE 4: Electrical power for these cranes will be provided and billed by thePort.

Section 7. This ordinance shall take effect the later of(1) the first day after its final approval and (2) May 22, 2002.

In Board of Port Commissioners, Oakland, California, May 7, 2002. Passed to print for one day bythe following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates, Uribeand President Tagami - 7. Noes: None. Absent: None.




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

Noes: None


4

38449

MAY 15, 2002Section 2. Item Nc. 09155 ,7,5 Port

Notes 2 and 3 thereto, respectively, are her

follows: AS I]The rental provisia

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

TI 00:9 of law 00:z Aekid cienatyi ifepuoI°Lloyd Aq pv JnoAeoeld'sou alow-vapeati wow8/80-9011IS

Me Oakland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 293-2601

Legal No. 93219

POIAN ORDINANCE AMEND_MODIFICATION OF BAST(423, X-4 4 1 AND X-442C14; -X-C15; X-C16,

•BE IT ORDAINED by the Board of Pi

City of Oakland as follows:

Section 1. The rental provisions e

Ordinance No. 2833 are hereby amended to read

Call Anytime

510407-6228You have people to

see and places togo but your oldcare, it seems, is inneed of a tow. Lookin our classifieds tofind a new car tolast, and makeyour frustrations a CALL 510.40

thing of the past! I,. 3001

Lic#70BBonded,

510-4894

PROOF OF PUBLICATION5520:'-Paint/DE

1•2-3•PAINTING dn the matter of:*BEST PRI*TOP QUA

es tern Pain PORT ORDINANCE NO. 3698TIMM LOCATION; MIS BAY COSTA]

BIRTRS 25.26

PORT LIAM M. I-411 I.412 X-93

ITU IIMMO

Preferential

Assignee:

Interna

tional

Transpor-

tation

Services

• •

TrampTi: =ling & :0tatic_

ervic' xte r i o r & InteriorLcdel Loade"

PM=rcterna-

ional

Transpor-

taticn

8er:ices

Total Rental:

Subject to

Notes:

$ 15.55

1,,2„ 4

65 a5

ne unaersignea oeiow, aeposes ana says mat neisne was me puoucotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofeneral circulation as defined by Government Code Section

a000 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.

hat the

]MATESNOTE 2 Pated capacity sole* tLe spreader Of thi

3-6911ICE I, Rated capacity under tae threader of tht0

66,040 kg.

7-009050TE 4: This crane can be used at Eerths 23, 24

NOTE 5: Electrical hewer for these cranes will 1

the Port.

PUBLIC NOTICE

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

Thaa is an electric powered traveling gi

crane.


Legal No. 93219


n the matter of:


'he undersigned below, deposes and says that he/she was the publiclotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper of

∎eneral circulation as defined by Government Code Section1000 adjucated as such by the Superior Court of the State of;alifornia, County of Alameda (Order Nos. 237798, December 4,951) which is published and circulated in Oakland Township in saidounty and state seven days a week.

'hat the

PUBLIC NOTICE

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

MAY 15, 2002

;ertify (or declare) under the penalty of perjury that the foregoing isJe and correct.

I (7:41•P' \ -4) /

iblic Notice Advertising Clerk


CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF A NON-EXCLUSIVE PREFERENTIALASSIGNMENT AGREEMENT WITH TRANS PACIFIC CONTAINERSERVICE CORPORATION ADDING APPROXIMATELY 12.56ACRES OF ADJACENT LAND TO ITS BERTH 30 PREMISES.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a new Non-exclusive Preferential Assignment Agreement("Agreement") between the CITY OF OAKLAND, a municipal corporation,acting by and through the Board, and TRANS PACIFIC CONTAINER SERVICECORPORATION a California corporation ("Trapac"), as Assignee, wherebycertain premises consisting of approximately 12.56 acres of land withimprovements by the Port to include construction for grading, asphaltpavement, concrete rubber type gantry runways, storm drains, electricalsystem, fire system, striping of area, light poles and fixtures, fencingand gates and terminal signage, located near Berth 30, Outer HarborTerminal Area adjacent to the premises presently occupied and used byTrapac under its existing Non-Exclusive Preferential AssignmentAgreement with the Port dated June 4, 1991, Federal Maritime CommissionAgreement No. 224-200563, as amended . ("Existing Berth 30 Agreement"),which will allow Trapac to expand its current Berth 30 premises tocreate one terminal totaling approximately 45 acres, excluding berthingarea, are assigned to Assignee on a non-exclusive preferential basis, tobe used by Assignee, together with Trapac's premises under the ExistingBerth 30 Agreement, as a containership terminal, for an initial term ofapproximately 17 years commencing on the later of 30 days from and afterthe adoption of this ordinance and any required filing of the Agreementwith the Federal Maritime Commission and its effectiveness pursuant toSection 6 of the Shipping Act of 1984, and expiring on January 19,2019, the same date as expiration of the term of the Existing Berth 30Agreement, with one option for Assignee to extend the term by 5 years,at a compensation and other terms and conditions as set forth in AgendaSheet Item No. 21, May 7, 2002, and such standard terms and conditionsas specified in the Agreement and approved by the Executive Director.

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

38637

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 Non-ExclusivePreferential Agreement in accordance with the terms of this ordinance.Unless and until a separate written Non-Exclusive PreferentialAssignment 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 Assignee, there shallbe no valid or effective Non-Exclusive Preferential Assignment Agreementor any other contract or agreement.






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

Noes:

Absent:

None


President.

Attest-- ta.u

38637

Oakland ribuneLegal No. 0000093212

PORT ORDINANCE NO. 3697c/o ANG Newspapers401 13th StreetOakland, CA 94612

Jvertising(806, J95-9595 opt.4



In the matter of



)0, 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


5/15/02



AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A NON-EXCLUSIVE PREFERENTIAL ASSIGNMENT AGREEMENT WITH TRANS PACIFIC CON-TAINER SERVICE CORPORATION ADDING APPROXIMATELY 12.56 ACRES OF ADJA-CENT LAND TO ITS BERTH 30 PREMISES.


Section 1. The Board of Port Commissioners ("Board") hereby approves a new Non-exclusive Preferential Assignment Agreement ("Agreement") between the CITY OF OAKLAND,a municipal corporation, acting by and through the Board, and TRANS PACIFIC CONTAINERSERVICE CORPORATION a California corporation ("Trapac"), as Assignee, whereby certainpremises consisting of approximately 12.56 acres of land with improvements by the Port to in-clude construction for grading, asphalt pavement, concrete rubber type gantry runways, stormdrains, electrical system, fire system, striping of area, light poles and fixtures, fencing andgates and terminal signage, located near Berth 30, Outer Harbor Terminal Area adjacent to thepremises presently occupied and used by Trapac under its existing Non-Exclusive PreferentialAssignment Agreement with the Port dated June 4, 1991, Federal Maritime Commission Agree-ment No. 224-200563, as amended ("Existing Berth 30 Agreement"), which will allow Trapac toexpand its current Berth 30 premises to create one terminal totaling approximately 45 acres,excluding berthing area, are assigned to Assignee on a non-exclusive preferential basis, to beused by Assignee, together with Trapac's premises under the Existing Berth 30 Agreement, asa containership terminal, for an initial term of approximately 17 years commencing on the laterof 30 days from and after the adoption of this ordinance and any required filing of the Agree-ment with the Federal Maritime Commission and its effectiveness pursuant to Section 6 of theShipping Act of 1984, and expiring on January 19, 2019, the same date as expiration of theterm of the Existing Berth 30 Agreement, with one option for Assignee to extend the term by 5years, at a compensation and other terms and conditions as set forth in Agenda Sheet ItemNo. 21, May 7, 2002, and such standard terms and conditions as specified in the Agreementand approved by the Executive Director.

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

Section 3. 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 appro-ves and authorizes the execution of said Non-Exclusive Preferential Agreement in accordancewith the terms of this ordinance. Unless and until a separate written Non-Exclusive PreferentialAssignment Agreement is duly executed on behalf of the Board as authorized by this ordi-nance, is signed as approved as to form and legality by the Port Attorney, and is delivered toAssignee, there shall be no valid or effective Non-Exclusive Preferential Assignment Agree-ment or any other contract or agreement.






CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCUMENTS TO PACIFIC GAS ANDELECTRIC COMPANY (PG&E) FOR AERIAL FACILITIES ONNORTH FIELD, OAKLAND INTERNATIONAL AIRPORT.


Section 1. Based upon the information contained in Board AgendaSheet Item No. 11S dated May 7, 2002 (herein the "Agenda Sheet"), theBoard of Port Commissioners hereby approves and authorizes theExecutive Director to execute for and on behalf of the Board anddeliver to PACIFIC GAS AND ELECTRIC COMPANY ("PGE"), a Californiacorporation, the following:

(1) A Grant of Easement, providing for the relocation of fourPG&E poles from the CalTrans right-of-way onto Port property which islocated adjacent to the shoulder of Doolittle Drive and isapproximately 15,250 square feet in area;

(2) A Pacific Gas and Electric Company Tariff ScheduleAgreement; and

(3) Payment for $31,501.86 for said work as described in saidAgenda Sheet;

and said agreement and easements 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 and the PortCEQA Guidelines pursuant to Guidelines Sections 15162 and 15269(c).

Section 3. This ordinance is not evidence of and does not createor constitute (a) a contract or the grant of any right, entitlement orproperty interest or (b) any obligation or liability on the part ofthe Board or any officer or employee of the Board. This ordinanceapproves and authorizes the execution of said agreement and easementsin accordance with the terms of this ordinance. Unless and until aseparate written agreement and easements are duly executed on behalfof the Board as authorized by this ordinance, are signed and approvedas to form and legality by the Port Attorney and are delivered to PGE,there shall be no valid or effective agreement or easements.

38599






Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Kiang, Kramer,

Protopappas, Uribe and President Tagami - 6

None


President.

AttestSecretary.

Oakland Mune Legal No. 0000093200PORT ORDINANCE NO. 3696

c/o ANG Newspapers401 13th StreetOakland, CA 94612Le dvertising(80,, J 95 - 9 5 9 5 opt.4



In the matter of



10, adjudicated as suchby the Superior Court of the State of—dlifornia, 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


5/15/02



ORDINANCE APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF EASE-MENT DOCUMENTS TO PACIFIC GAS AND ELECTRIC COMPANY (PG&E) FOR AERIALFACILITIES ON NORTH FIELD, OAKLAND INTERNATIONAL AIRPORT.

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

Section 1. Based upon the information contained in Board Agenda Sheet Item No. 11S dat-ed May 7, 2002 (herein the "Agenda Sheer), the Board of Port Commissioners hereby appro-ves and authorizes the Executive Director to execute for and on behalf of the Board and deliverto PACIFIC GAS AND ELECTRIC COMPANY ("PGE"), a California corporation, the following:

(1) A Grant of Easement, providing for the relocation of four PG&E poles from the CalTransright-of-way onto Port property which is located adjacent to the shoulder of Doolittle Drive andis approximately 15,250 square feet in area;

(2) A Pacific Gas and Electric Company Tariff Schedule Agreement; and

(3) Payment for $31,501.86 for said work as described in said Agenda Sheet;

and said agreement and easements shall contain such terms and conditions as the Execu-tive Director or Port Attorney may determine necessary in order to protect the interests of thePort.

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 CEQA Guidelines pursuant to Guidelines Sections 15162 and 15269(c).

Section 3. This ordinance is not evidence of and does not create or constitute (a) a con-tract 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 andauthorizes the execution of said agreement and easements in accordance with the terms ofthis ordinance. Unless and until a separate written agreement and easements are duly execut-ed on behalf of the Board as authorized by this ordinance, are signed and approved as to formand legality by the Port Attorney and are delivered to PGE, there shall be no valid or effectiveagreement or easements.







AN ORDINANCE ESTABLISHING A PUBLIC ART PROGRAM, APUBLIC ART COMMITTEE AND GUIDELINES, RULES ANDREGULATIONS FOR INCORPORATING PUBLIC ART INTO THEPORT'S MAJOR EXPANSION AND DEVELOPMENT GOALS ANDPRIVATE AND PUBLIC DEVELOPMENT WITHIN THEJURISDICTION OF THE PORT OF OAKLAND, POLICY ANDPROCEDURE FOR ACQUISITION, REVIEW AND ACCEPTANCE OFGIFTS AND LOANS, AND DE-ACCESSIONING OF PUBLIC ART.

WHEREAS, artistic and cultural resources enhance the quality of lifefor individuals living in, working in and visiting the Port of Oakland;and

WHEREAS, economic benefits are to be gained by the Port in the form

increases in retail and other commercial activity and enhanced economicgrowth of and in the Port Area and affected by the Port Area enhancementsto commerce, shipping and navigation resulting from the development bythe Board of artistic and cultural resources; and

WHEREAS, the Board is committed to commissioning a wide range ofartistic styles, forms, media, and disciplines that characterize thebreadth of contributions an artist can.make to public arena; and

WHEREAS, the Board is committed to providing uniform procedures forthe review and acceptance of gifts and loans of artwork to the Port; and

WHEREAS, the Board is committed to evaluating the collection ofpublic art as a whole on a regular basis to determine the currentcondition of the artwork, maintenance needs, and to consider the de-accessioning of individual artwork;

WHEREAS, the Board hereby delegates to the Director ofCommunications the responsibility for the implementation of thisordinance;


138123

ARTICLE I. POLICY AND PROCEDURE FOR ACQUISITION OF PUBLIC ART

Section 1. Purpose.

This ordinance is enacted to provide an opportunity for the publicto experience high quality art of enduring value that reflects thediversity of the region served by the Port of Oakland and its people.

This ordinance is enacted to establish a Public Art Program, aPublic Art Committee and guidelines, rules and regulations for (1)including works of public art in certain public improvement projects inthe Port's Capital Improvement Program and in certain private commercial,industrial and revitalization developments in the Port's Commercial RealEstate Program; and (2) meeting the on-going day-to-day maintenance andconservation needs to preserve the works of public art.

Section 2. Definitions.

a. "Administrative Costs" shall mean all costs incurred inconnection with the development and implementation of the Public ArtProgram established by this Ordinance and the selection, creation,acquisition, installation, maintenance, and presentation of, includingpublicity and community education about, works of Public Art in thePort's Collection.

b. "Artist" shall mean a person who has established a reputationof artistic excellence in the visual, performing, media or literary arts,as judged by peers, through a record of exhibitions or performances,public commissions, sale of works, and/or educational attainment.

c. "Artist Selection Panel" shall mean the panel appointed by thePublic Art Committee (PAC), on a project-by-project basis, to review andrecommend to the PAC appropriate artists and artwork according to thecriteria and procedures set forth in the Administrative Procedures.

d. "Administrative Procedures" shall mean the process andprocedures that govern the implementation of this Ordinance, includingdetailed information on the composition and responsibilities of thePublic Art Committee and Artist Selection Committee, criteria for artistand artwork selection, and process for approval of artists and artwork.

e. "Building Valuation" shall mean the total value of allconstruction work for which a building permit is issued, and includes allfinish work, painting, roofing, electrical, plumbing, heating, airconditioning, elevators, fire-extinguishing systems and any otherpermanently installed work of permanently installed equipment.

f. "Conservation" shall mean the treatment of a deteriorated ordamaged artwork to approximate as nearly as possible its original form,design, color, and function with minimal further sacrifice of aestheticand historic integrity.

g. "Construction Costs" shall mean the cost of a Port DevelopmentProject or Public Facility, excluding "Demolition Costs", "EquipmentCosts", "Debt Issuance" and "Permits and Fees".

238123

h. "De-accessioning" shall mean the procedure for the removal of anartwork from a location on Port property or within the jurisdiction ofthe Port.

i. "Debt Issuance" shall mean those expenses incurred by the Portfor the issuance of bonds for a Port Development Project or PublicFacility.

j. "Demolition Costs" shall mean payments for any work required forthe removal of buildings or other existing structures from the PortDevelopment Project or Public Facility site.

k. "Development Project" shall mean any project involvingconstruction of a new permanent structure located on Port owned propertyand requiring issuance or approval of a building permit or a zoningpermit.

1. "Donor" shall mean an individual or group who proposes a donationof a work of art or funded project for placement on a public site underthe jurisdiction of the Port.

m. "Equipment Costs" shall mean payments for any equipment orfurnishings that are portable or of standard manufacture. Equipment doesnot mean items that are custom designed or that create a new use for aPort Development Project or Public Facility, whether portable or affixed.

n. "Executive Director" shall mean the Executive Director of thePort of Oakland or his or her designee.

o. "Fee" shall mean a monetary exaction other than a tax or specialassessment that is collected under the terms of this ordinance to providefunds for public art.

p. "Gift" shall mean an existing or proposed work of art or fundedproject offered as a donation by someone to the Port for placement at apublic site under the jurisdiction of the Port.

q. "Lifetime of the Artwork" shall mean for each work of art, theperiod of time a work of art can be reasonably maintained to accuratelyrepresent the condition of the artwork when it was first installed.

r. "Long Term Loan" shall mean a loan of artwork for a period of twoyears or more.

s. "Maintenance" shall mean actions taken to retard or preventdeterioration or damage to artwork by control of the environment and/ortreatment of the artwork on a routine basis.

t. "Non-archival" shall mean does not meet accepted artworkpreservation standards, practices, and principles.

u. "Permits and Fees" shall mean payments made for all permits andfees associated with a Port Development Project or Public Facility.

v. "Program Administrator" shall mean the staff person designated bythe Communications Division to oversee all functions of the Port PublicArt Program and to provide vision for the program. This person works

338123

with division directors in the development of public art goals and withprivate developers to include public art in private projects located onPort property.

w. "Public Art Account" shall mean the account created with separatesub-accounts allocating funds to be used for the selection, acquisition,installation, and substantive structural repair and maintenance of artand art projects in, upon, and adjacent to Port facilities. One PublicArt Account shall be created with separate sub-accounts for each PortRevenue Division. The Executive Director or designee, and, asappropriate, the Board of Port Commissioners, shall authorize alldisbursements from the Public Art Account.

x. "Port of Oakland" or "Port" shall mean the City of Oakland, amunicipal corporation acting by and through its Board of PortCommissioners and the officers, employees and agents, authorized to actfor and on behalf of the Board with respect to the matter for which theterm is used.

y. "Port Property" shall mean parcels of land, buildings andstructures owned in fee or held in trust by the Board of PortCommissioners.

z. "Port Revenue Division" shall mean the following divisions of theBoard: Aviation, Maritime and Commercial Real Estate and such otherdivisions as may be established from time to time by the Board of PortCommissioners which are expressly made subject to this ordinance.

aa. "Public Amenities" shall mean areas designated for publicaccess, public traffic, and/or public accommodation within private orpublic development projects upon Port owned lands.

bb. "Public Art" shall mean original works of art accessible tothe public and conceived in any discipline or medium, including visual,performance, literary, media and temporary works.

cc. "Public Art Collection" shall mean all works of art owned bythe Port of Oakland, located on Port property, and within thejurisdiction of the Port.

dd. "Public Art Committee" shall mean a standing committeeappointed by the Port to develop overall Public Art Program policy andprocedures, as required, to provide review responsibility for theprovisions of this Ordinance such as acceptance of gifts of art and de-accessioning of artwork, and to advise the Port on the Public ArtProgram.

ee. "Public Art Project" shall mean any initiative for thecreation, presentation and/or performance of public art, recommended bythe Public Art Committee and approved by the Board of Port Commissionersfor expenditure from the Public Art Account for the purposes of thisordinance.

ff. "Public Facility" shall mean any publicly accessible, capitalproject paid for wholly or in part by the Port of Oakland that results inthe construction or remodel of any building, decorative or commemorativestructure, parking facility and any portion thereof.

438123

gg. "Quality of Artwork" shall mean the overall accomplishment inthe art form, content and craftsmanship, as judged in accordance withaccepted standards within the professional arts discipline.

hh. "Real Property Acquisition Costs" shall mean payments made forthe purchase of parcels of land, existing building and structures, andcosts incurred by the Port for the appraisals or negotiations inconnection with such purchase for a Port Development Project; provided,however, that a Port Development Project for the acquisition and/ordevelopment of parkland or parks shall have included in its constructioncost the Real Property Acquisition Costs, as defined above.

ii. "Short Term Loan" shall mean a loan of artwork not exceedingtwo years.

jj. "Temporary Art" shall mean a work of art displayed for alimited amount of time, generally not exceeding two years.

kk. "Work of Art" shall mean all forms of art created by an Artistand conceived in any discipline or medium, including visual, performance,literary, media and temporary works.

Section 3. Establishment Of A Public Art Requirement.

There is hereby established a Public Art requirement applicable tothe Port's Revenue Divisions covering respectively, their DevelopmentProjects and Public Facilities identified in the- Port's CapitalImprovements Program and, within their respective areas, covering otherprivate and public development projects upon Port owned lands thatinclude Public Amenities or provide for access to the general public asmore fully set forth below.

a. Aviation

(1) The Director of Aviation shall include in all estimatesfor necessary expenditures and all requests for authorization orappropriations for Port Development Projects and Public Facilities,excluding construction of roadways, utilities, airfield projects andnon-Port funded tenant developments, an amount to be set aside andmade a part of the Public Art Account and used for the selection,acquisition and display or works of art equal to at least onepercent (1%) of the related Construction Costs.

(2) Funding set aside for Public Art as defined above shallbe expended for Public Art within one-year from the date ofcompletion of the Development Project or Public Facility from whichthe funds were derived.

(3) For projects or programs that have been approved by theBoard of Port Commissioners before the approval of this policy, butnot yet completed, the Board shall determine on a case by case basiswhether or not to apply this policy retroactively.

(4) If the rules or limitations governing a source of fundingor appropriate law governing any particular project does not permit

538123

the expenditure of such funds on art or certain forms of art, theamount of funds so restricted shall be excluded from theConstruction Cost, as defined herein, in making the aforesaidcalculations.

b. Maritime

(1) The Maritime Director shall include in all estimates forannual budget expenditures an annual budget allocation of not lessthan $150,000 to be set aside and made a part of the Public ArtAccount and used for the commission, acquisition and performance ofPublic Art.

(2) Funding set aside for Public Art as defined above shallbe expended for Public Art in projects that include PublicAmenities.

c. Commercial Real Estate

The majority of CRE land was given in trust to the Port underthe state Tidelands Trust. To uphold the public trust, the Port requiresdevelopers who buy tidelands or lease tidelands on a long-term basis todo the following:

(1) The Developer shall provide and maintain public art in apublicly accessible place on or in the vicinity of the project sitepursuant to this chapter. The cost of such Public Art shall be asfollows:

(i) For development projects with 50,000 square feet ormore of new construction, the developer shall commit 0.5% ofthe building valuation up to $150,000 toward the purchase orcommission of Public Art for the project site.

In lieu of purchasing or commissioning public art forthe project site, the developer may elect to pay 0.5% of thebuilding valuation up to $150,000 to the Public Art Account,as identified below.

(ii) For development projects with less than 50,000square feet of new construction, the developer is required tocommit 0.5% of the building valuation up to $50,000 toward thepurchase or commission of Public Art for the project site.

In lieu of purchasing or commissioning public art forthe project site, the developer may elect to pay the amountrequired by this ordinance to the Commercial Real EstatePublic Art Account, as identified below.

(2) For any project, the developer may request that the Boardof Port Commissioners consider an alternate approach to Public Artif the terms of this policy pose unnecessary hardship to the abilityof the development project to be realized.

(3) If a development project is required to purchase orcommission Public Art by both the Port of Oakland and the City of

638123

Oakland, the developer only will be required to participate in theCity of Oakland public art program.

(4) Applicability.

The provisions of this ordinance shall apply only to publicand private development projects for which a building permit has notbeen issued as of the effective date of this ordinance.

(5) Public Art Standards.

(i) The Public Art of a private developer subject tothis ordinance is to be privately owned and maintained bydeveloper or his successor(s), including the future occupantsor owners of the Development Project, and such privateownership and maintenance shall be adequately provided for bywritten agreement, or other appropriate provisions shall bemade based on the characteristics of the Public Art.

(ii) The Public Art may be used or viewed by or isfreely accessible to the patrons, occupants and owners of thedevelopment project;

(iii) The Public Art shall be in an area open and freelyaccessible to the general public during business hours atleast eight (8) hours each day of at least five (5) days perweek (to the extent there are five business days in eachweek), except for holidays, or public accessibility shall be

" otherwise provided in an equivalent manner based on thecharacteristics of the Public Art or its placement on thesite;

(iv) The Public Art shall be in substantial compliancewith any policies and implementation procedures adopted by theBoard of Supervisors.

(6) Ineligible Costs

(i) The architecture of the building or facility, orany portion thereof, including decorative, ornamental orfunctional elements, unless designed by an artist specificallycommissioned for this design enhancement purpose;

(ii) Landscape architecture and landscape gardening,except where these elements are designed by an artistspecifically commissioned for this design enhancement purpose;or

(iii) Costs for services or utilities necessary tooperate or maintain the Public Art over time.

Section 4. Public Art Account.

a. A Public Art Account shall be established in the CapitalImprovement Program (CIP) and shall continue from year to year unlessspecifically terminated by the Board of Port Commissioners. The Public

738123

Art Account shall consist of separate sub-accounts established by theFinance Division.

(1) A separate sub-accounts for each of the three PortRevenue Divisions shall be established from which expenditures maybe made for the creation, acquisition, presentation, and performanceof works of Public Art.

(2) A separate Administration - Maintenance sub-account shallbe established into which shall be deposited funds appropriated asprovided pursuant to Section 5 of this Ordinance not to exceed 35%of the aggregate of the Revenue Division subaccounts together withsuch other funds as the Board may appropriate, for Public ArtProgram staff costs and administrative costs that are associatedwith developing and implementing this Ordinance includingrestoration and conservation of Public Art in the Port's collection.

(3) A separate Proceeds from Sales of Pubic Art sub-accountshall be established and expended for future creation, acquisition,presentation, and performance of works of Public Art.

b. For non-capital projects, funds may be moved out of Maritimeand Commercial Real Estate from the CIP into the Port's operating budgetfor expenditures related to said projects.

c. The use of fees collected shall be as follows:

(1) The Executive Director shall make recommendations to theBoard of Port Commissioners for expenditures from the Public ArtAccount in accordance with Port budgetary procedures and adoptedPublic Art program policies and implementation procedures, whichexpenditures shall be exclusively for the commission, acquisition,installation, improvement, maintenance and insurance of works ofPublic Art, or for the restoration or preservation of existingPublic Art, and for the Administration of the Public Art Program.

(2) The Executive Director shall provide an annual report tothe Board of Port Commissioners on the provision of on-site artinstallations and arts services, programs, facilities and amenities,and the use of all funds collected and deposited in the Public ArtAccount, including identification of all income, expenditures, andbalances of each of the accounts in the fund during the prior fiscalyear and its recommendations for proposed expenditures for thesubsequent fiscal year. Upon receipt of such report, the Board ofPort Commissioners shall authorize expenditures from the Public ArtAccount.

Section 5. Administration.

a. Implementation Responsibility

The Board hereby delegates to the Director of Communicationsresponsibility for the implementation of this Article.

b. Public Art Committee

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The Executive Director shall appoint a Public Art Committee (PAC),subject to approval by the Board of Port Commissioners, to provide reviewresponsibility for the provisions of this Ordinance and to advise thePort on the Public Art Program. The PAC shall:

(1) Promulgate Public Art program policies and implementationprocedures for adoption by the Board of Port Commissioners.

(2) Prepare the annual Public Art Plan for approval by theBoard of Port Commissioners. The plan shall include, but not belimited to, a prioritized list of public art projects to becommenced during the current fiscal year and a budget for eachproject.

c. Artist Selection Panel

An Artist Selection Panel shall be appointed by the PAC, on aproject-by-project basis, to recommend appropriate artists and artworkaccording to the criteria and procedures set forth in the AdministrativeProcedures.

(1) The Artist Selection Panel functions in an advisorycapacity to the PAC.

(2) The PAC reviews recommendations by the Artist SelectionPanel, making further recommendations to the Board of PortCommissioners.

(3) All final decisions and approvals concerning theacquisition of artwork rest with the Board of Port Commissioners.

ARTICLE II. POLICY AND PROCEDURE FOR REVIEW AND ACCEPTANCE OFGIFTS AND LOANS OF PUBLIC ART

Section 1. Summary.

When gifts of works of Public Art are proposed for placement on Portproperty within the jurisdiction of the Port of Oakland, an artworkproposal is submitted by the potential donor for review by the Port.This procedure also applies to works of Public Art proposed for long-termloan to the Port. The objectives of this policy are to:

a. Provide uniform procedures for the review and acceptance ofgifts and loans of works of Public Art to the Port of Oakland.

b. Maintain high artistic standards for works of Public Artlocated in the jurisdiction of the Port.

c. Acquire works of Public Art that contribute and enhance thePort's Public Art Collection.

d. Insure that the works of Public Art is adequately maintained.

e. Facilitate planning for the placement of works of Public Artwithin the jurisdiction of the Port of Oakland.

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f. Vest in a single Port division the responsibility for insuringthe management and maintenance of the Port's public works of Public Art.

The Program Administrator is responsible for implementation of thisArticle.

The review of proposed gifts is conducted by a Gifts Review Panelappointed by the PAC. The Gifts Review Panel is comprised of three tofive arts professionals (artists, museum curators, art historians,conservators) and three representatives of Port revenue division staff.

The PAC reviews all recommendations of the Gifts Review Panelregarding proposed gifts and loans of works of Public Art. Following PACreview, the Program Administrator makes a recommendation for acceptanceor rejection of the proposed gift to the Port Commission for review andaction.

Funds to maintain works of Public Art in the Port's collection arelimited. Therefore, in accepting a gift, the Port requires that thedonor sign a maintenance agreement or establish a maintenance endowmentto insure an adequate quality of care for the work of Public Art.

Section 2. Acceptance Conditions.

a. The Port will consider gifts of works of art for placement onPort property and locations under the jurisdiction of the Port with theunderstanding that no Port funds will be required for production,sitting, installation or maintenance of the work of Public Art.

b. No gift of an work of Public Art will be accepted by the Portuntil all funds required for production, sitting, installation andmaintenance of the work of Public Art have been secured by the donor.

c. The Port will be the owner of the work of Public Art andreserves the right to move or alter the work to meet public safety orother Port concerns.

d. The Port will consider the following types of proposals forworks of Public Art intended for placement a public site under the Port'sjurisdiction:

(1) A donor's offer of an already completed work of art.

(2) Art by a specific artist or artists.

(3) A donor's offer to commission a work of Public Art bymeans of a public competition as described in the Public Art ProgramImplementation Guidelines.

Section 3. Review Process.

a. The donor discusses the nature of the gift and the Portprocedures with the Program Administrator. Working with Port divisionstaff, the donor develops a proposal for review by the Gifts ReviewPanel.

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b. The Program Administrator will review each offer of a work ofPublic Art with Port division staff to determine whether it meets initialcriteria as defined in this Article.

c. Each proposed gift of art is reviewed by the Gifs Review Panelon the basis of the criteria established below. Evidence that all issuesare satisfactorily addressed will be required from the donor before arecommendation for acceptance or rejection of the gift is made.

d. Before presenting the Gifts Review Panel recommendation to thePAC, the Program Administrator may request further and more detailedinformation to be considered at additional review sessions. The PAC alsomay attach conditions to its recommendation of acceptance.

e. Based on the recommendation of the PAC, the ProgramAdministrator recommends acceptance or rejection of the gift to the PortCommission.

f. The Port will accept donated works of Public Art only whenaccompanied by a legal instrument of conveyance of title, enumerating anyconditions of the gift that the Port has agreed to accept, and theappropriate warranty of originality.

g. In general, gifts will be accepted without restrictions as tofuture use or disposition. Loans and temporary displays of a work ofPublic Art are not considered gifts, for the purposes of this Article.

h. The Program Administrator will forward copies of theconveyance of title and the stated insurance value for gifts of a work ofPublic Art to the appropriate Port divisions. The stated value of anyloaned work of Public Art will be provided to the Port's Risk ManagementOffice.

i. If the gift of art is accepted, the division under whosejurisdiction the work of Public Art will be placed is responsible tooversee the installation of the work of Public Art.

Section 4. Placement.

If a site for the work of Public Art has not been identified by thedonor or if the site is deemed inappropriate in accordance with thecriteria listed below, the placement of works of art will be determinedby the PAC in consultation with Port division staff.

Section 5. Costs.

All costs of the proposed donation of art, including production,acquisition, sitting, installation, and maintenance must be provided bythe donor and be detailed in the proposal.

Section 6. Timeline.

If a proposed gift is not completed within the timeline originallyestablished, or if significant changes in content, presentation, orfinancing of the gift of art occur, the gift must be reviewed again by

1138123

the panel. The Port is authorized to request that a proposal beresubmitted.

Section 7. Legal.

Consideration will be given to the proposed terms of donation, legaltitle, copyright authenticity, artist right to reproduce, liability andother issues as appropriate.

Section 8. De-Accession.

Gifts of works of Public Art will be reviewed on a regular basis andde-accessioned if necessary, through steps provided in Article III ofthis Ordinance and in accordance with national standards for de-accessioning works of art.

Section 9. Exceptions.

a. Gifts of State

(1) Gifts of State presented to the Port by foreigngovernments are exempt from the provisions of this Article and maybe accepted by the Port Commission.

(2) Appropriate recognition and publicity will be theresponsibility of the Program Administrator.

b. Temporary Exhibitions in Port-Managed Facilities

(1) The Port shall control the content and arrangement of alltemporary exhibitions, and reserves the right to reject any part ofan exhibition or to change the manner of display if the items to beexhibited are contrary to the Port's community responsibility.

(2) Every aspect of the exhibition must meet the Port'sstandards of quality, as defined in the Public Art ProgramAdministrative Procedures.

(3) Artwork of exhibitions loaned for display on Portproperty for 60 (sixty) days or less will not be subject to thestandard review process.

(4) Review and approval are the responsibility of the ProgramAdministrator and the division with jurisdiction over the spacewhere the work of Public Art is exhibited. It is understood thatall decisions will be based on the standards recommended in thisdocument.

(5) During the period of time that a work of art is displayedon Port property, the owner of the work of art must provide one ofthe following documents:

(i) An insurance rider covering the specific work ofart for the entire negotiated display time OR

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(ii) A signed waiver holding the Port harmless in theevent of vandalism, damage, or theft.

Section 10. Donor Submittal Requirements.

The donor must submit a cover letter explaining why she/he isoffering the gift of artwork to the Port.

a. Aesthetic Quality

(1) Written narrative proposal with detailed description ofartwork.

(2) Information on the context of the artwork, provenance,history (where it comes from and where it has been previouslydisplayed, if at all).

(3) Detailed drawings of the site plan, elevation and sectionview of artwork, as appropriate.

(4) Photographs, sketches, and/or model of the artwork.

(5) Dimensions, materials, and colors.

b. Intrinsic Value

(1) Background information and credentials of the artist.

(2) Other examples of the artist's work.

(3) A letter of authentication from the artist, stating thatit is her/his own work.

(4) Statement of the current value of the artwork prepared bya certified art appraiser.

(5) A valid, signed contract between the donor and the artistthat guarantees full payment for artwork by the donor, asappropriate.

c Installation

(1) Construction and installation method.

(2) Power, plumbing or other utility requirements.

(3) Qualifications and insurance coverage of the contractorinstalling the artwork.

(4) Written commitment that the donor will cover all costsassociated with installation of the artwork.

(5) Budget indicating cost of installation.

d. Maintenance

(1) A maintenance plan prepared by a qualified conservator.

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(2) Written permission from the artist or artist's estate fora qualified conservator to conserve the artwork when necessary.

Section 11. Panel Review Criteria.

a. Aesthetic Quality

(1) Does the proposed gift of art have strong artistic merit?

(2) Strong, inherent aesthetic quality as measured againstthe recognized standards of excellence in the field.

(3) Qualifications, credentials, and other pertinentinformation on the artist.

(4) Warranty of originality of the artwork (artwork must bean original creation or limited edition)

(5) Durability and craftsmanship of the artwork.

b. Site and Environmental Considerations

(1) If a site for the artwork has been identified by thedonor, is the relationship between the site and the artwork in thebest interest of both?

(2) Appropriateness of artwork scale to the proposed site.

(3) Appropriateness of artwork to other aspects of itssurroundings.

(4) Impact on ecology.

c. Relationship to the Port's Art Collection

(1) How is the proposed gift compatible or incompatible with

the Port of Oakland's public art collection?

(2) Contribution to the diversity and breadth of the Port'sart collection.

(3) Current representation of the artist in the Port's artcollection.

d. Liability and Safety Considerations

(1) How susceptible is the artwork to vandalism and safety

hazards?

(2) Potential safety hazards and how they are beingaddressed.

(3) Potential for graffiti and other vandalism and how it isbeing addressed.

1438123

(4) Special insurance requirements, if any.

e. Durability

(1) How has the donor provided for maintenance during thelifetime of the artwork?

(2) Expected life span of artwork in a public, non-archivalexhibition setting.

(3) Durability of similar artworks constructed of the samematerials.

(4) Environmental conditions and suitability of artworkmaterials to the conditions of its proposed site.

(5) Seismic safety considerations through report prepared bya licensed engineer.

(6) Adequate attention to unusual conditions of the site,such as poor drainage, steep slope, etc.

f. Maintenance

(1) Are the maintenance needs of the artwork reasonable andcan they be adequately managed by the Port?

(2) On-going maintenance requirements and cost.

(3) Provision of maintenance funds or maintenance agreementby the donor.

(4) Artwork installation and removal specifications.

(5) Written permission from the artist or artist's estate fora qualified conservator to conserve the artwork when necessary.

(6) Written permission granted by the artist or artist'sestate for removal of the work as a result of safety emergencies andchanges in the future use of the site.


Implementation Responsibility


1538123

ARTICLE III. POLICY AND PROCEDURES FOR THE DE-ACCESSIONING OF PUBLIC ART

Section 1. Purpose.

This ordinance is enacted to provide Provision of procedures forperiodic review and evaluation by the Port of Oakland of the Port'sCollection of Public Art.

Section 2. De-Accessioning Policy.

De-accessioning is a procedure for the withdrawal of a work ofPublic Art from public exhibition for an indefinite duration. De-accessioning must be cautiously applied to avoid the influence offluctuations of taste and the premature removal of a work of Public Artfrom the collection.

De-accessioning may occur only after a careful and impartialevaluation of the work of Public Art, and may be accomplished throughstorage or loan of the work of Public Art, or on a permanent basisthrough several methods of disposition available. Since artworks areacquired by the Port as a result of a thorough review process byimpartial peer panels -- based on the quality of the artwork and thevalue of the work to the collection as a whole -- deaccessioning may beconsidered only after ten years have elapsed from the date ofinstallation of a permanent work of Public Art, and five years afteracceptance of a loan of work of Public Art subject to review by the PortAttorney for compliance with acquisition and/or deaccession covenantsfrom funding and/or lending sources, if any.

Section 3. Eligible Works Of Public Art.

Works of Public Art eligible for consideration for de-accessionthrough this Article include:

a. Works of Public Arts purchased or commissioned in accordancewith Article I.

b. Gifts of works of Public Art accepted by the Port inaccordance with Article II.

c. All other works of Public Art in the Port's Collection ofPublic Art purchased separately by Port divisions or received as giftsprior to the passage of this ordinance. Port evaluation of a work ofPublic Art may be requested by the division under whose jurisdiction thework of Public Art is located or may be initiated as an advisory actionby the Board of Port Commissioners.

Section 4. Deaccession Procedure.

a. At least a minimum of once every five years the Director ofCommunications will review the Port's Collection of Public Art.

b. The Director of Communications shall designate an advisorypanel comprised of visual art professionals (artists, museum curators,art historians, conservators) to review specific items proposed for de-

1638123

accession and make recommendations to the Board of Port Commissionersabout the disposition of these works.

c. The De-accession Advisory Panel may consider the de-accessioning of works of Public Art for one or more of the followingreasons:

(1) A work of Public Art is not, or is only rarely, ondisplay because of lack of a suitable site.

(2) The condition or security of the work of Public Artcannot be reasonably guaranteed in its present location.

(3) The work of Public Art has been damaged or hasdeteriorated to the point that it can no longer be represented to bethe original work of art.

(4) The work of Public Art has been damaged and repair isimpractical or unfeasible, or the cost of repair or renovation isexcessive in relation to the original cost of the work.

(5) The work of Public Art endangers public safety.

(6) Significant changes in the use, character or actualdesign of the site require a re-evaluation of the relationship ofwork of Public Art to the site.

(7) The work of Public Art has been determined to be ofinferior quality relative to the quality of other works in thecollection, or has been determined to be incompatible with the restof the collection.

(8) The Port wishes to replace the work of Public Art with awork of more significance by the same artist.

(9) The work of Public Art requires excessive maintenance orhas faults of design or workmanship.

Section 5. Sequence Of Action To De-Accession.

a. The Communications Division appoints a De-accessionAdvisory panel.

b. The De-Accession Advisory Panel and/or staff determinesthat a work of Public Art meets one of the criteria listed above.

c. The Communications Division staff prepares a report thatindicates:

(1) Any restrictions that may apply to this specificwork, based on contract review.

(2) An analysis of the reasons for de-accessioning.

(3) Options for storage or disposition of the work.

(4) Appraised value of the work, if obtainable.

1738123

d. The De-Accession Advisory Panel reviews the report at its nextscheduled meeting. The panel may seek additional information regardingthe work from the artist, art galleries, curators, appraisers or otherprofessionals prior to making a recommendation to the Board of PortCommissioners.

e. A recommendation for action is sent to the Board of PortCommissioners.

f. The Board of Port Commissioners considers therecommendation at a regularly scheduled meeting.

g. Upon confirmation of its recommendation, theCommunications Division will consider the following actions (inorder of priority):

(1) Sale or trade:

(i) Sale through auction, art gallery or dealerresale, or direct bidding by individuals, in compliancewith Port and city law and policies or requirementsgoverning surplus property and any limits to which bondsare subject.

(ii) Trade through artist, gallery, museum, orother institutions for one or more other work(s) ofPublic Art(s) of comparable value by the same artist.

(2) Indefinite loan to another governmental entity.

(3) Destruction of work deteriorated or damaged beyond repairat a reasonable cost, and deemed to be of no or only a negligiblevalue, in accordance with national standards for conservation anddeaccession.

(4) Re-donation, sale or other arrangement agreed upon withthe donor or artist at the time of the Port's acquisition of suchwork of Public Art.

Section 6. Restrictions.

No works of art shall be sold or traded to members or staff of thePort, consistent with Port conflict of interest policies.

Section 7. Proceeds.

Proceeds from the sale of Public Art shall be deposited into thePublic Art account for Public Art acquisitions. Any pre-existingcontractual agreements between the artist or donor and the Port regardingresale will be honored.

1838123


Implementation Responsibility


ARTICLE IV. EFFECTIVE DATE.

This ordinance shall be effective sixty (60) days after adoption.

In Board of Port Commissioners, Oakland, California, April 16, 2002.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 Br egular meeting heidMay 7 , 2002


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

Noes: None

Absent: None

President.

Secretary. Attest

Appf ved as to rm apd legality :

Port Attorney

1938123

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PORT OF OAKLAND530 WATER ST./ARVAYNE M ATTN FD1THAHERNANDEZ,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. Ord. 3694

In the matter of

Port Ordinance 3694

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

_ 100, 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


5/1/02


Legal No. 0000085857

AND GUIDELINES, RULES ANDkND DEVELOPMENT GOALS ANDLAND, POLICY AND PROCEDURENG OF PUBLIC ART.

W1-I

,,,,,:tresponsibility tar the implementation of !his Article.

WHC), subject to approval by the Board of Port Commissioners, to provide review responsibilityresponsibility for the Art Program. The PAC shall:Wdl procedures for adoption by the Board of Port Commissioners.r*dge

rd of Port Commissioners. The plan shall include, but not be limited to, a prioritized list of public artt for each project.WI-I6E aject-by-project basis, lo recommend appropriate artists and artwork according to the criteria aridAn , to the PAC.sesPoainaerli,wrnoitirnegstfuwri7-1rrihreecBoornarri=dittirot ratmo mtesstaerrds of Port Commissioners.ITP.:CEPTANCE OF GIFTS AND LOANS OF PUBLIC ART

Th;Port property within the jurisdiction of the Port of Oakland, an artwork proposal is submitted by thepc ir to works of Public Art proposed for long-term loan to the Pori. The objectives of this policy are to:of gifts and loans of works of Public Art to the Port of Oakland.Seted In the jurisdiction of the Port.a Port's Public Art Collection.a. j.

,a1,1/ivithin the jurisdiction of the Port of Oakland.''he management and maintenance of the Port's public works of Public Art.b his Article.re(et appointed by the PAC. The Gifts Review Panel is comprised of three to five arts professionals (artists,c.intatives of Port revenue division staff.ap regarding proposed gifts and loans of works of Public Art. Following PAC review, the Programd.on at the proposed gift to the Port Commission for review and action.del imited. Therefore, in accepting a gift, the Port requires that the donor sign a maintenance agreement orly of care for the work of Public Art.a.Pl5r1 property and locations under the jurisdiction of the Port with the understanding that no Port fundsof the work of Public Art.t,'„ until all funds required for production, sitting, installation and maintenance of the work of Public Art

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Legal No. 0000085857Oakland 1ribunecin ANG Newspapers401 13th StreetOa' CA 94612Lec dvertising(800) 595-9595 opt.4


PROOF OF PUBLICATIONFILE NO. Ord. 3694

In the matter of

Port Ordinance 3694

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

)()ft ndjiichcated as surhhy the Rnnerior Froirt of the Rtale 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


5/1/02


\CKAIVN. 7\ 0Public Notice Advertising Clerk



AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS INSUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASE AND SALEAGREEMENT WITH DOUG ROHN AND ELIZABETH ZENGER, DOINGBUSINESS AS BAY AREA VETERINARY SPECIALISTS FOR THE PORT OFOAKLAND'S SALE OF AN APPROXIMATELY 2.09 ACRE PARCEL OF LANDLOCATED AT EDGEWATER ROAD AND PARDEE LANE.


Section I. 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 an approximately2.09 acre site located at the corner of Edgewater Road and Pardee Lanein the Oakland Airport Business Park.

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

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

(b) That the proposed sale of the Property complies with theprovisions of Section 5.13(b) of the Port's Master Trust Indenture,dated as of April 1, 1989, as amended (the "Indenture"), and does not,together with other transfers referred to therein, constitute aSignificant Portion of the Port (as defined in the Indenture). TheBoard hereby directs that the proceeds of such sale shall be depositedin 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 inSection 2 hereof, the Board hereby approves and authorizes theExecutive Director to execute a Purchase and Sale Agreement betweenthe Port and DOUG ROHN AND ELIZABETH ZENGER doing business as BAY AREAVETERINARY SPECIALISTS ("Buyer") (the "Agreement") for the sale of theProperty at a purchase price of $1,459,440.00, and as otherwisedescribed in Agenda Sheet Item No. 12, dated April 16, 2002.

36276

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.

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 and 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, April 16, 2002.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 May 7 , 2002


Ayes:

Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas,

Scates, Uribe and President Tagami - 7

Noes: None

Absent: None

The Oakland Tribunedo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 293-2601

Legal No. 87709


In the matter of:



That the

PUBLIC NOTICE


MAY 1, 2002




In the matter of:


The undersigned holm., rteposes and says that helshe WCS 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

PUBLIC NOTICE


MAY 1, 2002



lie Oakland Tribunec/o ANG Newspapers401 13th Street, Oakland CA 94612 Legal Advertising PUBLIC NOTICES(510) 293-2601 PORT ORDINANCE NO. 3693

AN ORDINANCE MAKING - CERTAIN ,1

Legal No. n FINDINGSOF,

AND DETERMINATIONS IN SUP-877u PORT AND AUTHORIZING EXECU-TION OF A PURCHASE AND SALE AGREE-MENT WITH DOUG ROHN ANDELIZABETH ZENGER, DOING BUSINESSAS BAY AREA VETERINARY SPECIALISTSFOR THE PORT OF OAKLAND'S SALE OFAN APPROXIMATELY 2.09 ACRE PARCELOF LAND LOCATED AT EDGEWATERROAD AND PARDEE LANE. '

Commissioners ("Board") of the City of Oak-BE IT ORDAINED by the Board of Port

land as follows: -1 Section 1. The land referred to in this ordi-

nance as the "Property" is owned by the Cityof Oakland, is located within the "Port Area"of the City of Oakland and consists of -an ap-proximately 2.09 acre site located at the cor-ner of Edgewater Road and Pardee Lane In 11the Oakland Airport Business Park..

Section 2. The Board hereby finds anddetermines as 'follows: •

(a)That the Property has become unneces-sary for port purposes or harbor develop-ment; and

(b)That the proposed sale of the Propertycomplies with the provisions of -Section5.13(b) of the Port's Master Trust Indenture,dated as of April 1,, 1989, as amended (the''Indenture"), and does not, together with oth-er transfers referred to therein, constitute aSignificant Portion of the Port (as defined inthe Indenture). The Board hereby directs matthe proceeds of such sale shall be depositedin the Port Revenue Fund and shall be used ;in accordance with the provisions of Section5.13 of the Indenture.

Section 3. Based upon the findings anddeterminations made in Section 2 hereof, theBoard hereby approves and authorizes theExecutive Director to execute a Purchase and ,Sale Agreement between the Port and DOUG 9

ROHN AND ELIZABETH ZENGER doingbusiness as BAY AREA VETERINARY SPECIAUSTS ("Buyer") (the "Agreement") for thesale of the Property at a purchase price of .$1,459,440.00, and as otherwise described InAgenda Sheet Item No. 12, dated April 16,2002.

Section 4. The. Executive Director is au-thorized,to execute and deliver a Grant Deedconveying the Property to Buyer and suchother documents as shall be required to carryout t le intent of this ordlnance,,prpvJded thatsuch documents are approved as to formand legality by the Port Attorney.

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

Section 6. This ordinance is not evidenceof and does not create or constitute (a) a con-tract, agreement or the grant of any right, enti-tlement or property interest, or (b) any oblige-tion or liability on the part of the Board or anyofficer or employee of the Board. This ordi- 4

nance does not obligate the Port to executeor deliver the Agreement or the Grant Deedto Buyer. This ordinance approves and au- -thorizes the execution of the Agreement in ac-cordance with the terms of this drdinanceand delivery of a Grant Deed. Unless and un-til a separate written Agreement is duly exe-cuted on behalf of the Board as authorizedby this ordinance, is signed and approved asto form and legality by the Port Attorney, andis delivered to Buyer, there shall be no validor effective Agreement

Section 7. This ordinance shall-take effect30 days from and after its final adoption.

In Board of Port Commissioners, Oakland,California, April 16, 2002. Passed to print for 'one day by the following vote: Ayes: Corn-,missioners Ayers-Johnson, /Gang, Kramer„Protopappas, Scates, Uribe and :President.Tagami - 7. Noes: None. Absent: None.


The Oakland Tribune, #87709


CITY OF OAKLAND


AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS INSUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASE AND SALEAGREEMENT WITH LINCOLN PROPERTY COMPANY COMMERCIAL, INC.,FOR THE PORT OF OAKLAND'S SALE OF AN APPROXIMATELY 14 ACREPARCEL OF LAND LOCATED AT HEGENBERGER AND PARDEE ROADS.


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 an approximately 14acre irregularly-shaped site with dual frontage on Hegenberger andPardee Roads.


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

(b) That the proposed sale of the Property complies with theprovisions of Section 5.13(b) of the Port's Master Trust Indenture,dated as of April 1, 1989, as amended (the "Indenture"), and does not,together with other transfers referred to therein, constitute aSignificant Portion of the Port (as defined in the Indenture). TheBoard hereby directs that the proceeds of such sale shall be depositedin 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 inSection 2 hereof, the Board hereby approves and authorizes theExecutive Director to execute a Purchase and Sale Agreement betweenthe Port and LINCOLN PROPERTY COMPANY COMMERCIAL, INC. ("Buyer") (the"Agreement") for the sale of the Property at a purchase price of$5,566,968, and as otherwise described in Agenda Sheet Item No. 11,dated April 16, 2002.

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.

38275

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. Thisordinance 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 and approved as to form andlegality by the Port Attorney, and is delivered to Buyer, there shallbe no valid or effective Agreement.


In Board of Port Commissioners, Oakland, California, April 16, 2002.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.




Ayes:

Noes:

Absent:

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

None

None

President.

Attest Secretary.


AN ORDINANCE MAKING CERTAINFINDINGS AND DETERMINATIONS IN SUP-PORT OF, AND AUTHORIZING EXECU-TION OF A PURCHASE AND SALE AGREE-MENT WITH LINCOLN PROPERTY COMPA-NY COMMERCIAL, INC., FOR THE PORTOF OAKLAND'S SALE OF AN APPROXI-MATELY 14 ACRE PARCEL OF LAND LO-CATED AT HEGENBERGER AND PARDEEROADS.

BE IT ORDAINED by the Board of PortCommissioners ("Board") of the City of Oak-land as follows:

Section 1. The land referred to in this ordi-nance as the "Property" is owned by the Cityof Oakland, is located within the "Port Area"of the City of Oakland and consists of an ap-proximately 14 acre irregularly-shaped sitewith dual frontage on Hegenberger andPardee Roads.

Section 2. The Board hereby finds anddetermines as follows:

(a)That the Property has become unneces-sary for port purposes or harbor develop-ment; and

(b)That the proposed sale of the Propertycomplies with the provisions of Section5.13(b) of the Port's Master Trust Indenture,dated as of April 1, 1989, as amended (the"Indenture"), and does not, together with oth-er transfers referred to therein, constitute aSignificant Portion of the Port (as defined inthe Indenture). The Board hereby directs that

in the Port Revenue Fund and shall be usedin accordance with the provisions of Section5.13 of the Indenture.

Section 3. Based upon the findings anddeterminations made in Section 2 hereof, theBoard hereby approves and authorizes theExecutive Director to execute a Purchase andSale Agreement between the Port andLINCOLN PROPERTY COMPANY COMMER-CIAL, INC. ("Buyer") (the' 'Agreement") for thesale of the Property at a purchase price of$5,566,968, and as otherwise described inAgenda Sheet Item No. 11, dated April 16,2002.

Section 4. The Executive Director is au-thorized to execute and deliver a Grant Deedconveying the Property tn. Buyer endowe' down- lents as shall be required to carry.out the intent of this ordinance, provided thatsuch documents are approved as to formand legality by the Port Attorney.

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

Section 6. This ordinance is not evidenceof and does not create or constitute (a) a con-tract, agreement or the grant of any right, enti-tlement or property interest, or (b) any obliga-tion or liability on the part of the Board or anyofficer or employee of the Board. This ordi-nance does not obligate the Port to executeor deliver the Agreement or the Grant Deedto Buyer. This ordinance approves and au-thorizes the execution of the Agreement in ac-cordance with the terms of this ordinanceand delivery of a Grant Deed. Unless and un-til a separate written Agreement is duly exe-cuted on behalf of the Board as authorizedby this ordinance, is signed and approved asto form and legality by the Port Attorney, andis delivered to Buyer, there shall be no validor effective Agreement.

Section 7. This ordinance shall take effect30 days from and after its final adoption.

In Board of Port Commissioners, Oakland,California, April 16, 2002. 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.



(510) 293-2601

Legal No. 87718


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


In the matter of:


The undersianed below. de poses and sa ys 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

PUBLIC NOTICE


MAY 1, 2002


lie Oakland Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(510) 293-2601


the matter of:


'he undersigned below, deposes and says that he/she was the public,lotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofGeneral circulation as defined by Government Code Section3000 adjucated as such by the Superior Court of the State ofDalifornia, 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


MAY 1, 2002



meeting held April 16 , 2002Adopted at a regular


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

None

None

Noes:

Absent:



ORDINANCE AMENDING SECTION 9.18 OF PORT ORDINANCENO. 867 AMENDING THE SALARY SCHEDULE ASSIGNMENT FORTHE CLASSIFICATION OF YOUTH AIDES, CLASS D ANDCLASS C.


Section 9.18 of Port Ordinance No. 867 is hereby amended to changethe salary assignment of Youth Aide, Class "D" to $8.50 per hour and tochange the salary assignment of Youth Aide, Class "C" to $12.00 perhour.

In Board of Port Commissioners, Oakland, California, April 2,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Scates, Uribe and President Tagami- 5. Noes: None. Absent: Commissioners Kiang and Protopappas - 2.


38130

Legal No. 0000079655Oakland liiihunec/o ANG Newspapers401 13th StreetOakland, CA 94612Ler vertising(516, _J3-2601

PORT OF OAKLAND530 WATER ST./ARVAYNE M,,ATTN: EDITHAHERNANDEZ,OAKLAND CA 94607


In the matter of




The PUBLIC NOTICE


4/12/02


ORDINANCE AMENDING SECTION 9.18 OF PORT ORDINANCE NO. 867AMENDING THE SALARY SCHEDULE ASSIGNMENT FOR THE CLASSIFICATION

OF YOUTH AIDES, CLASS D AND CLASS C.

BE IT ORDAINED by the Board of Pon Commissioners of the City of Oakland asfollows:

Section 9.18 of Port Ordinance No. 867 is hereby amended to change the salary assign-ment of Youth Aide, Class "D" to $8.50 per hour and to change the salary assignment ofYouth Aide, Class "C" to $12.00 per hour.

In Board of Port Commissioners, Oakland, California, April 2, 2002. Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Scates,Uribe and President Tagami - 5. Noes: None. Absent Commissioners Kiang andProtopappas - 2.


The Oakland Tribune #79655April 12, 2002


CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, CREATING NEWSALARY SCHEDULES, NEW POSITIONS, AMENDING CERTAIN SECTIONSRELATING TO TITLE CHANGES AND AMENDMENT OF SALARY SCHEDULES,AND AMENDING PORT ORDINANCE NO. 3681 TO CORRECT SECTION 5.121OF PORT ORDINANCE NO. 867.




243.6 4923 5169 5427 5753 6098257.5 5667 5950 6248 6623 7020528.2 6190 6500 6825 7235 7669565.5 7508 7883 8277 8774 9300572.5 7790 8180 8589 9104 9650579.2 8073 8477 8901 9435 10001581.5 8152 8560 8988 9527 10099

Section 2. Port Ordinance No. 867 is hereby amendedfollowing Section Nos. which shall read as follows:

to add the


10.2 1 Assistant Airport Noise Abatement Specialist 226

10.21 1 Associate Airport Noise Abatement Specialist 240

7.2 1 Manager, Budget & Analysis 572.5

7.3 1 Manager, Financial. Planning 579.2

7.4 1. Manager, Financial. Systems 567

7.5 1 Port Accounting Supervisor 528.2

7.6 2 Port Budget Coordinator 528.2

7.7 1 Port Controller 586.2

37563

12.2 1 Documentation & Statistics Assistant 230

21.21 3 Supervisor, Maritime Project Management Services 543.1

Section 3. Section 5.028 of Port Ordinance is hereby amended toreassign to Section 5.184.

Section 4. The following sections of Port Ordinance No. 867 arehereby amended to read as follows:

SectionNo.

No. ofPositions Title

Salary orSchedule No.

5.184 3 Human Resource Supervisor 543.1

11.024 1 Marketing Communications Manager 565.5

11.0067 1 Manager, Project Management Services 576.3

11.0265 1 Maritime Accounts/Budget Analyst 243.6

11.0068 1 Maritime Project Services Assistant 230

11.0236 3 Pricing and Contracts Analyst 243.6

11.0031 3 Senior Maritime Account Manager 559.8

11.0265 1 Senior Maritime Accounts/Budget Analyst 257.5

11.0264 1 Supervisor, Maritime Accounts/Budget Services 543.1

11.0281 1 Senior Maritime Marketing Representative 257.5

11.0262 2 Senior Maritime Projects Administrator 538.4

11.0266 1 Supervisor, Pricing & Contract Services 543.1

11.0066 1 Manager, Business Development and Marketing 581.5

11.0033 1 Manager, Maritime Finance and Budgeting 576.3

12.02 1 Manager, Tenant Services and Chief Wharfinger 581.5

10.0132 1 Senior Airport Noise Abatement Specialist 254

5.07 1 Manager, Port Purchasing 567

5.022 1 Port Risk Manager 567

Section 5. Section 2 of Port Ordinance No. 3681 is hereby amendedto read as follows:

"Section 2. Section 5.121 of Port Ordinance No. 867is hereby amended to retitle the position of Deliveryman toPort Deliveryperson."

In Board of Port Commissioners, Oakland, California, March 5,2002. 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.


Adopted at a regular meeting held April 2 , 2002


Ayes: Commissioners Ayers-Johnson, Kramer, Scates,Uribe and President Tagami - 5

Noes: None

Absent: Commissioners Kiang and Protopap - 2



AN ORDINANCE AMENDING PORT ORDINANCE NO. 2083, TOALLOW BUILDING PERMITS TO BE GRANTED FOR MORE THAN 360DAYS.


Section 1. Subsection "4" of "Section 3" of Port OrdinanceNo. 2083 is hereby amended as follows:

"(4) Expiration. - Unless otherwise specified at the time of approval, a building permitapplication approved pursuant to this ordinanceshall expire and become null and void if thebuilding or work authorized by such buildingpermit is not commenced within one hundred eighty(180) calendar days from the date of approval ofthe application or within an additional extensionperiod of one hundred eighty (180) calendar dayswhich the Chief Engineer of the Port may grantupon written application therefore, or if thebuilding or work authorized by such buildingpermit application is suspended or abandoned atany time after the work is commenced for a periodin excess of three hundred sixty-five (365)calendar days."

37687

Section 2. The Board finds and determines that this actionby the Board is exempt from the California Environmental Quality Act("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines.

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

In Board of Port Commissioners, Oakland, California, March 5,2002. 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.


Adopted at a regular meeting held April 2 , 200 2



Noes:

Absent:

None

Commissioners Kiang and Protopappas - 2

Apphvea as to f legality :

Attes

Port Attorney

37687

-H-nu.AL

Oakland ribunec/o ANG Newspapers401 13th StreetOak l -nd, CA 94612Le( Ivertising(5 h>, L93-2601



In the matter of


The PUBLIC NOTICE


3/13/02

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

Legal No. 0000067961


AN ORDINANCE AMENDING PORT ORDINANCE NO. 2083, TO ALLOW BUILDING PERMITS TO BE GRANTED FORMORE THAN 360 DAYS.


Section 1. Subsection "4" of "Section 3" ofPort Ordinance No. 2083 is hereby amendedas follows:

"(4) Expiration. - Unless otherwise speci-fied at the time of approval, a building per-mit application approved pursuant to this ordi-nance shall expire and become null and voidif the building or work authorized by suchbuilding permit is not commenced within onehundred eighty (160) calendar days from thedate of approval of the application or withinan additional extension period of one hun-dred eighty (180) calendar days which theChief Engineer of the Port may grant uponwritten application therefore, or if the buildingor work authorized by such building permitapplication is suspended or abandoned atany time alter the work is commenced for aperiod in excess of three hundred sixty-five(365) calendar days."

Section 2. The Board finds and deter-mines that this action by the Board is exemptfrom the California Environmental Quality Act("CEQA") pursuant to Section 15061(b)(3) ofthe CEQA Guidelines,

Section 3. This ordinance shall take effectimmediately upon its final adoption.

In Board of Port Commissioners, Oakland,California, March 5, 2002. 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 Board

The Oakland Tribune, #67961March 13, 2002The undersigned deposes that he/she is the Public Notice

Advertising Clerk of the OAKLAND TRIBUNE, a newspaperof general circulation as defined by Government Code Section

)0. adiudicated as such by the Superior Court of the State ofL,alifornia, County of Alameda (Order No. 237798. onDecember 4, 1951), which is published and circulated daily insaid county and state, seven days a week.

COPY

The vila"giand Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612I egal Advertising

D) 208-6306

Legal No. 67875PORT ORDINANCE NO. 36$04*

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, CREATING NEW SALARYSCHEDULES, NEW POSITIONS, AMENDING CERTAIN SECTIONS RELATING TO TITLECHANGES AND AMENDMENT OF SALARY SCHEDULES, AND AMENDING PORT ORDI-

NANCE NO. 3681 TO CORRECT SECTION 5.121 OF PORT ORDINANCE NO. 867.BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland asjollows:Section 1. Section 2.03 of Port Ordinance No. 867 is hereby amended to add new salary

schedules which sections shall read as follows:

SCHEDULE RateNo. a.

Rateb.

Rate Rated.

Rate

243.6 4923 5169 5427 5753 6098257.5 5667 5950 6248 6623 7020528.2 6190 6500 6825 7235 7669565.5 7508 7863 8277 8774 9300572.5 7790 8180 8589 9104 9650579.2 8073 8477 8901 9435 10001581.5 8152 8560 8988 9527 10099

Section 2. Port Ordinance No. 867 is hereby amended to add the following Section Nos.which shall read as follows:

Section No. ofNo. Positions Title Salary or

Schedule No.

10.2 1 Assistant Airport Noise

Abatement Specialist 226

10.21 1 Associate Airport NoiseAbatement Specialist 240

Manager, Budget & Analysis 572.5

Manager, Financial Planning 579.2

Manager, Financial Systems

567

Port Accounting Supervisor 528.2

Port Budget Coordinator 528.2

1 Port Controller 586.2

1 Documentation & Statistics Assistant 230

3 Supervisor, Maritime ProjectManagement Services 543.1

Section 3. Section 5.028 of Port Ordinance is hereby amended to reassign to Section5.184.

Section 4. The following sections of Port Ordinance No. 867 are hereby amended to readas follows:

Section

No. of

TitleNo. Positions

5.184

3

11.024

11.0067

11.0265

11.0068

11.0236

11.0031

11.0265

11.0264543.1

5.07 1 Manager, Port Purchasing 567

5.022 1 Port Risk Manager 567

Section 5. Section 2 of Port Ordinance No. 3681 is hereby amended to read as follows:"Section 2. Section 5.121 of Port Ordinance No. 867 is hereby amended to retitle the ,

,sition of Deliveryman to Port Deliveryperson."In Board of Port Commissioners, Oakland, California, March 5, 2002. Passed to print for

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

CHRISTOPHER C. MARSHALLSECRETARY OF THE BOARD

The Oakland Tribune, #67875March 13, 2002

7.2

7.3

7.4

'.5

7.6

7.7

12.2

21.21


Human Resource Supervisor 543.1

Marketing Communications Manager 565.5

Manager, ProjectManagement Services 576.3

Maritime Accounts/Budget Analyst 243.6

Maritime Project Services Assistant 230

Pricing and Contracts Analyst 243.6

Senior Maritime Account Manager 559.8

Senior Maritime

Accounts/Budget Analyst 257.5

Supervisor, Maritime Accounts/Budget Services


In the matter of


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 Section

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


MARCH 13, 2002


COPYThe O&Land Tribunedo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

J) 208-6306


In the matter of


The undersigned below, deposes and says that he/she was the publicNuiiuu OAKLAND Tr‘ iBUNE q I lawayayui UI

general circulation as defined by Government Code Section


PUBLIC NOTICE


MARCH 13, 2002




CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCENO. 3044, FIXING CERTAIN REVISED

PARKING RATES AT THE PARKINGFACILITIES IN JACK LONDON SQUARE

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

BE IT ORDAINED by the Board as follows:

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

Parking Time Validated Rate Unvalidated Rate

First Hour $.75 $1.25Each additional 1/2 Hour

(or portion thereof) $1.00 $1.2512 Hour Maximum $11.00 $13.00

(b) Underground Garage:

Parking Time Validated Rate Unvalidated Rate

First HourEach 1/2 Additional Hour

(or portion thereof)

12 Hour Maximum

(c) Surface Lots:

Parking Time

$.75 $1.50

$1.50

$1.50$13.00

$15.00

Validated Rate Unvalidated Rate

First HourEach Additional 1/2 Hour

(or portion thereof)

12 Hour Maximum

$.75 $1.25

$1.00

$1.25$11.00

$13.00

37536

President.

Secretary.

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

(e) Monthly Parking

Washington Street Garage Open Parking: $140 per monthFifth - Seventh Level Parking: $85 per month

Oak Street Lot $20.00 per month

Lots 5, 7, 9, 11 $78 per month

Potomac Yard $74 per month

Amtrak Lot $74 per month

In Board of Port Commissioners, Oakland, California, March 5,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates, Uribeand President Tacrami - 7. Noes: None_ AhsPnt: None,





Noes: None

Absent: Commissioners Kiang and Protopapp s - 2

Legal No. 0000067958

PORT ORDINANCE NO. 3688AN ORDINANCE AMENDING PORT ORDINANCE

NO. 3044, FIXING CERTAIN REVISEDPARKING RATES AT THE PARKING

FACILITIES IN JACK LONDON SQUARE

WHEREAS, the Board ol Port Commissioners ("Board") desires to amend Port OrdinanceNo. 3044 to further revise certain parking rates at the parking facilities in Jack London Square;now therefore

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

as follows:

Oakland ibunec/o ANG Newspapers431 13th StreetOakland, CA 94612Le dvertising(51,, _93-2601

PORT OF OAKLAND530 WATER STIARVAYNE M.,ATTN: EDITHAHERNANDEZ,OAKLAND CA 94607

(a)Washington Street Garage:Parking Time Validated RateFirst Hour $.75Each additional 1/2 Hour

(or portion thereof) $1.0012 Hour Maximum $11.00

(b)Underground Garage:Parking Time Validated RateFirst Hour $.75Each 1/2 Additional Hour


(c)Surface Lots:Parking Time Validated RaleFirst Hour $.75Each Additional 1/2 Hour


Unvalidated Rate$1.25

$1.25$13.00


$1.50$15.00


$1.25$13.00


In the matter of



')O, 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


3/13/02



Section 2. Section 4(e) ol Port Ordinance No

(e)Monthly Parking

Washington Street GarageOpen Parking: $140 per monthFifth - Seventh Level Parking: $85 per month

Oak Street Lot$20.00 per month

Lots 5, 7, 9, 11$78 per month

Potomac Yard$74 per month

Amtrak Lot$74 per month

In Board of Port Commissioners, Oakland, California, March 5, 2002. Passed toone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang,Protopappas, Scates, Uribe and President Tagami - 7. Noes: None. Absent: None.


The Oakland Tribune, #67958March 13, 2002

3044 is amended to read as follows::

print forKramer,



AN ORDINANCE AMENDING PORT ORDINANCE NO. 3634RELATING TO LANDING AND TENANT TERMINAL SPACERENTAL FEES AT METROPOLITAN OAKLAND INTERNATIONALAIRPORT.


Section 1. Section 2 of Port Ordinance No. 3634 is herebyamended to read in full as follows:

"Section 2. Except as provided in Sections 3, 5and 7 of this ordinance, or by a written agreement betweenthe Port an-1 an "irline Operator, or as may 'kepursuant to a marketing incentive policy authorized by thePort if such waiver is reflected in a written agreementbetween the Port and an Airline Operator, the followinglanding fees and operation charges are hereby establishedfor each aircraft using the landing areas, including thehelicopter landing areas, at the Airport:

a ( ) For Based Aircraft described insubsection (c) of this Section 2, and having a maximumgross landing weight of less than 12,500 pounds, the rateshall be $14.25 per landing; provided, however, thateffective April 1, 2002, if the operator of such BasedAircraft has not signed and returned the Port's AirlineOperating Agreement, the rate shall be $17.81 per landinguntil such Agreement has been signed and returned by theoperator of such Based Aircraft.

(ii) For other Aircraft having amaximum gross landing weight of less than 12,500 pounds,the rate shall be $17.81 per landing, except as hereafterset forth in subsection (c) of this Section 2.

b. For Aircraft having a maximum gross landingweight of more than 12,500 pounds, the rate shall be $1.43per 1,000 pounds of maximum gross landing weight perAircraft, except as hereafter set forth in subsection (c)of this Section 2.

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c. For aircraft operated by a Based TenantOperator, a Certificated Airline Operator that is listed inthe Official Airline Guide as providing scheduled serviceto and from the Airport, or an Airline Operator that leasesor licenses a minimum of 20,000 square feet of land or ramparea on the South Field on at least a month-to-month basis,or that leases or licenses a minimum of 2,200 square feetof air cargo building space on the South Field on at leasta month-to-month basis, the rate shall be $1.14 per 1,000pounds of maximum gross landing weight per Aircraft;provided however, that effective April 1, 2001, thissubsection c shall not apply to any Airline Operator thathas not signed and returned to the Port the Port's AirlineOperating Agreement."

Section 2. Section 3 of Port Ordinance No. 3634 is herebyamended to read in full as follows:

"Section 3. A landing fee shall not be assessedagainst any Aircraft which, after taking off from theAirport, and without making a landing at any other airport,returns to land at the Airport because of meteorologicalconditions, mechanical or operating causes, or any otherreason of emergency. The landing fee and operation chargefor any other non-Revenue Landing, including but notlimited to training and familiarization flights, ofAircraft operated by a Certificated Airline Operator arehereby established at $.57 for each 1,000 pounds of maximumgross landing weight per Aircraft landed by CertificatedAirline Operators covered. ny section 2c nereot and. ./1 toreach 1,000 pounds of maximum gross landing weight perAircraft landed by Certificated Airline Operators coveredby Section 2b hereof."

Section 3. Section 10.01 of Port Ordinance No. 3634 is herebyamended to read in full as follows:

"Section 10.1. Except as otherwise provided by awritten agreement between the Port and an Airline Operator,the following charges for space rental or license ofticketing counters and related office, holding room andbaggage area in the Terminal Buildings are herebyestablished:

a. Ticketing counter space in Building M-101 andBuilding M-130, $7.470 per square foot per month;

b. Office space behind ticketing counters and inBuildings M-102, M-103, M-104 and M-130 and holding roomspace, $6.723 per square foot per month;

c. Baggage claim area in Buildings M-101 andM-130, $5.976 per square foot per month; and

37543

d. Baggage make-up area, $5.229 per square footper month.

e. Ticket Counter Use - Airline Operators wholease or license the ticket counter on a per use basis toprovide domestic or international scheduled or nonscheduledservice to the Airport shall pay a use fee of $200.00 perfour-hour use. Such leasing or licensing of the ticketcounter by an Airline Operator shall make such AirlineOperator a Based Tenant Operator under this Ordinance."

Section 4. Section 10.12(a) - (f) of Port Ordinance No. 3634 ishereby amended to read in full as follows:

"Section 10.10. All Airline Operators who arepreferentially assigned the use of a ticketing unit andassociated loading bridge gate in the second level of theAirport Terminal Finger Building (M-103) and Terminal II (M-130) shall pay to the Port a second level use fee in the sumof $17,448 per month for each ticketing unit and associatedloading bridge gate so assigned. Such assignment shall notinclude any specific seating areas, but shall include theright for assignee's passengers to use any of the commonseating areas in said second level. The Airport GeneralManager shall have the right to secondarily assign any suchticketing unit and associated loading bridge gate to anotherAirline Operator, provided that such secondary assignee's useof said ticketing unit and associated loading bridge gatedoes not unreasonably interfere with the use of thepreferential assignee. The fees for secondary use shall beas follows:

a. Based Tenant Operator with Holdroom - (i)Except as otherwise provided in subsection (ii) below, BasedTenant Operators that are assigned the use of a ticketingunit and associated loading bridge gate and are listed in theOfficial Airline Guide as providing scheduled service to andfrom the Airport shall pay the following charge:

Holdroom and Loading Bridge Charge - $111.80 perenplaning operation.

(ii) Effective April 1, 2002, if an AirlineOperator described in subsection (i) above has not signed andreturned the Port's Space/Use Permit covering its space inthe Terminal Buildings, and does not sign and return suchSpace/Use Permit within 60 days after its receipt of suchSpace/Use Permit, then commencing on the 61st day afterAirline Operator's receipt of such Space/Use Permit, andending on the date the Port receives the Space/Use Permitsigned by such Airline Operator, the charge to such Airline

37543

Operator under subsection (i) above shall be increased to$139.75 per enplaning operation.

b. Based Tenant Operator without Holdroom - (i)Except as otherwise provided in subsection (ii) below, BasedTenant Operators who are not assigned the use of a ticketingunit and associated loading bridge gate and are listed in theOfficial Airline Guide as providing scheduled service to andfrom the Airport shall pay the following charge:

Holdroom and Loading Bridge Charge - $0.86 perenplaning passenger.

(ii) Effective April 1, 2002, if an AirlineOperator described in subsection (i) above has not signed andreturned the Port's Space/Use Permit covering its right touse space in the Terminal Buildings, and does not sign andreturn such Space/Use Permit within 60 days after its receiptof such Space/Use Permit, then commencing on the 61st dayafter Airline Operator's receipt of such Space/Use Permit,and ending on the date the Port receives the Space/Use Permitsigned by such Airline Operator, the charge to such AirlineOperator under subsection (i) above shall be increased to$1.08 per enplaning passenger.

c. Affiliated Operator - (i) Except asotherwise provided in subsection (ii) below, AirlineOperators who are affiliated with a Based Tenant Operator andare listed in the Official Airline Guide as providingscheduled service to and from the Airport shall pay thefollowing charge:

Holdroom and Loading Bridge Charge - $0.86 perenplaning passenger.

(ii) Effective April 1, 2002, if an AirlineOperator described in subsection (i) above has not signed andreturned the Port's Space/Use Permit covering its space inthe Terminal Buildings, and does not sign and return suchSpace/Use Permit within 60 days after its receipt of suchSpace/Use Permit, then commencing on the 61st day afterAirline Operator's receipt of such Space/Use Permit, andending on the date the Port receives the Space/Use Permitsigned by such Airline Operator, the charge to such AirlineOperator under subsection (i) above shall be increased to$1.08 per enplaning passenger.

d. Affiliated Operator using Small Aircraft(i) Except as otherwise provided in subsection (ii) below,Airline Operators who are affiliated with a Based TenantOperator and are listed in the Official Guide as providing

37543

scheduled service to and from the Airport utilizing Aircraftthat are too small to be serviced with a loading bridgeprovided by the Port shall pay the following charge:

Holdroom Charge - $0.72 per enplaning passenger.

(ii) Effective April 1, 2002, if an AirlineOperator described in subsection (i) above has not signed andreturned the Port's Space/Use Permit covering its right touse space in the Terminal Buildings, and does not sign andreturn such Space/Use Permit within 60 days after its receiptof such Space/Use Permit, then commencing on the 61st dayafter Airline Operator's receipt of such Space/Use Permit,and ending on the date the Port receives the Space/Use Permitsigned by such Airline Operator, the charge to such AirlineOperator under subsection (i) above shall be increased to$0.90 per enplaning passenger.

e. Non-Based, Non-Tenant Operator - AirlineOperators who are not a Based Tenant Operator and are notlisted in the Official Airline Guide as providing scheduledservice to and from the Airport shall pay the followingcharge:

Terminal Use Fee $1.09 per enplaning passenger

Holdroom & LoadingBridge Charge

$1.08 per enplaning passenger

Security Fee

$40.00 per enplaning passenger

Baggage Claim Area

$.59 per deplaning passenger

f. Non-Terminal Operator - Airline Operatorswho do not use the Terminal Buildings and are not subject tothe Airplane Operator Security requirements of 14 CFR 108 fordomestic operators or 14 CFR 129 for foreign air carriers andforeign operators of U.S. registered Aircraft shall not beassessed a secondary use charge.

In the event a preferential assignee is unable touse the ticketing unit and loading bridge gate preferentiallyassigned to it by reason of the gate being temporarilyinoperable, and if in such event said preferential assigneeis required to use another ticketing unit and loading bridgegate in said second level of Building M-103 and BuildingM-130, said preferential assignee shall not be assessed anadditional secondary use fee for such use.

For the purpose of this Section 10.10, apreferential assignment shall give the assignee the right toa preferential nonexclusive use of a certain ticketing unit

37543

and associated loading bridge gate in the said second levelof the Airport Terminal Finger Building (M-103) and TerminalII (M-130) on a month-to- month basis, together with theright to utilize for its passengers using said unit and gate,the common seating areas in said second level. For thepurposes of this Section 10.10, a secondary assignment shallgive the assignee the right to secondary use of a certainticketing unit and loading bridge gate in said second levelfor a period specified, such right being subordinate to theprior rights of the preferential assignee, together with theright to utilize for its passengers using said unit and gate,the common seating areas in said second level. Except ashereinabove specifically provided, secondary assignments ofsaid second level ticketing units and loading bridge gatesshall not make the Airline Operator receiving such secondaryassignments a Based Tenant Operator."

Section 5. The Board of Port Commissioners herebyfinds and determines that the imposition of the changes referred to inSections 1 - 4 of this ordinance is exempt from the requirements ofthe California Environmental Quality Act pursuant to Public ResourcesCode Section 21080(b)(8) and Title 14 of the California Code ofRegulations Sections 15273 and 15061(b)(3).

Section 6. Section 1-4 of this ordinance shall beeffective January 1, 2002 for airlines belonging to the AirlineAffairs Committee and effective April 1, 2002 for non-based airlines,ground handlers and car rental companies.

In Board of Port Commissioners, Oakland, California, March 5, 2002 Passed to print forone day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas,Scates, Uribe and President Tagami - 7. Noes: None. Absent: None.





Noes: None

Absent: Commissioners Kiang and Protopa•pas - 2

37543

COPY

DI

Pt


in the matter 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


MARCH 13, 2002



pt(:14Pr

The OF►And Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612

-gal Advertising)) 208-6306

Legal No. 67160PORT ORDINANCE NO.3687

AN ORDINANCE AMENDfNG PORT ORDINANCE NO. 3634 RELATING TO LANDING AND 'TENANT TERMI NAL SPACE RENTALFEES AT METROPOUTAN OAKLAND INTERNATIONAL AIRPORT-

. IT ORDAINED by the Board of Port Commissioners oils Cfty of Oakland as follows:Section 1. Section 2 of Port Ordinance No.3634 is herety amended to read intuit as foliows:

'Section2 Except as provided h Sections 3, 5 and 7 of this ordinance, or by a %mitten agreement be seen the Port andan Aldine Operator, or as may be waived pursuant b a marfethg ,ncentive poky authorized by the Port ft such waivers reflected in a

between the Pod and an Aldine Opersede the following landing fees and operation charges am hereby established foreach aircraft usig the larding areas, indudhg the helicopter Landis areas, at the Airport

a (i) For Based Aircraft rthscobsd th sr&-,robon (c) of this Section 2, and having a maximum goes lartwe of less than 12,500 porrelk. the rate shall beil4 25 p.r Lthdrng,ortanded, however, that effective Apri 1, 2002 if the operator al suchN2-21ed Aircraft has not sigryd and thathred the Ports AdIne Operating Agreement, the rate shall L $17,81 per ending unti such

meet's-1 has teen signed arc th-th, thed butt onemtnr sot Based Aircraft

11,) For other Aircraft having ashataft be $17.81 per lisndig, exceqt as thereafter se forth in subsection (c) cf this

h ForAircraf having a rrettinxun gloss landing weight ot more ih,r, 12,500 pounds, the rate sham L Si 43 oargrass landing weight per Aircraft, except as hereafter setter/1i n 9.1.eCtICn (c) of this Section 2.

For aircraft operated by a Based Tenant Operator, a Certifi&itett kale Operseft tat is listed h the Officiatto and from the Airport, or an Airline Operator that lasses or :censers a annum si 20,000

Snit^ Fed on at least a rronth-to-month base or fiat bases or -cer--,s a rturanum cf 2200square tad r3t ar cargo Wtdng space ou the Su, Fed on at least a month-to-rnonth bass- to rate shaft te Si 14 per 1,000 pounds ofnthdrthurr oross Lendilg weight per Akuthrtr prsthdrd how,rer that effective April 1, 2001, tfte stissection c sisal not appy to any Airline()perata that has not signed and MY/i111,,,J ten tee P.-reel-Fr. Operating Agrarnont°

Sectbn 2. Section 3 of 51ort Dthrdnrth No. 3634 s hereby amended b read in tuft aslolloo.s.

'Section 3. A lardng fee St,: dal to aqthessed against any Aircraft which, after talengot tcOm the Airport, and without-mairng alarding at ary other airiort. returns to k ind at to Assort because of meteorobgical condiftons, rnechen cal or operating causes, or-any utter remand oththroanqy. Tire landing fee-ano operation ch-v7 kr any ate, noreRevenue Lancng, IfIctudiv tut not Pinked btraining ard lamba:Sou !Vrts, qf Aircraft operated by a Certificated Arrive Operator anahereby estatithed at $57 tor each 1,060 viands

maxrnum gross 1.sndrg weight per Aircraft larded by Certificated kirs Operators coveted by Section 2c hereof and $.71 for each 1;000pfUnds of maximum ifc's landhg weight per Aircraft landed by Certirimdet Auntie Operators covered ter Section 2b hereof'

Section 3. Seam 10.01 of Port Ordinance Na 3334 is heresy emended to read in tides hirsve

'Section 10 1 Drept es othenwqr scandal try a Ante, between the Pon and an Arrthe Operator, thecharges for space rata] or 'curse ot lairetro ranter- and nelateo strloa and iraragage r the Terminal

BrLOnesare herety established

a licketig came space n Balding M-101 and Pdlidiro M-133 $175170 per square foot per month

b. Office space behind tichatog cqnriterd arra di Mth CC. M-1CO 3 M-104 and M-130 end haring room space,56.7253 per square bot per MUM;

chin area in Buidrgs M-101 and M-130, 55.976 per square tot per ruin, and

d Baggage make-up area, $8.229 per square foot per math.

_ a Ticket Counter Use - Nene Operators who lease or icense the kliat counter on a per use basis to provide dorrest'c or',internatioal scheduled or norocheduled service to the Ainiort shall pay a use he of $200.00 per four-hour use. Such leasilg a roans'ncj. the tidet counter ty. an Adis Operator shall make such Arline Operator a Based Tenant Operator inder this Ordinance.°

Section 4. Section 10.12(a - (3 of Fort Othrarce No.36,14 6 hereby amended to read h 1u1 ore f0§714S:

'Section Anl.re Operators M-o are prehreritelly assigned tie use of a tkkethg unit and ass &sledbridge gater tie second 'del of the Ain, srt Terrathal FneecBuiding (M-103) and Terrnhal i! M-130) shall pay to the Port a seconduse fee in the sun rst $17,448 per most, Ss ends etkeeng unit and associated icadng bridge fine so assisted. Such assigment shag not'include any spechc seat% areas, but .53-1, thrthrie the hard tor assignee's passengers to useany of the &mon seat* areas in said'Second level. The Airport-General Manager snail rue 44 to secondarily assign any surn tidnotng unit and assoaateu baring bridge'6atel3 another Airline Operator, Pkwided that arch assigpee5 used said ticketing unrt zind associated loads-1g bridge gni:a does

interfere wfth the useelthe prosethiar ass.onee. 710 tees for a sh,a0 be as blksids: „

a Based Tenant Operator .1515, Holdscorn - (i) Except as otherwise provided in subsedirxi (11 bed, Basedtea rare a.orted te use of a Ojrrting ut and ar,ordi,ted loading brd5o gate and ate listed in the Ortior,a1 Adds. aide

scheduled sects, to and from the Airport stow pay the tad. •ong (Jayne,

HoldF.,, and Loading Beige Charge - 1111."80 per enplaning duvet-Jr•

d Eff,clive April 1, 2D02. r an Airline Operator &scribed in suLth .,c qn (i) abuse has not silted andast urn ed the Port's Space/Use Pernth covering ts space O the Torrninal BUICh1%, and &es not sign and return suCtl , Spece/Use Permit

.. within 60 days after is rece'et f SlICin Spareathe Perm d ten aommenerg on the 61st clay after Adria Operator's receipt of suchUse Permit and eating en fie tate the Port rerre qes the Space/Use, Penni signed by such Mine-Operator, the charge to such AlineOoetor under sinvearki (4Z...have snag Ce erxeased m$139.75 pa- diftaning operatte. -'

Based Tenant Operator vidtrut Hothdom Except as cralenwise provided n Lbsecticc jr) below BasedTenant Operators who are rot assigned the use of a ticketing wit and nor d,trxt badig bridge gate and are 1erd in the Oficial AdisGuide as providng scheduled service to and horn the Airport stall pay tie frdadro charge:

and Loading Bridge Charge- $0.85 piss enplaning passenger.•

• .n FJtectiva Aprd 1, 2002, it an Airline Operator deserted n sobsecton () above has not signed end. returned the Pons Space/Use Perinit coshing ke right to use space in the Term Buildigs, and does not sign and rotnth ouch SpaceUsePetal wit* 60 days after its receipt of, such Space/Use Permit, then commencing an the 61 at -ridy after Padre Drythato. r's receOt of such

•S(acerUm,Permit, -and endrig on the date the Port receives the Space/Use Permit signed by such Aththo Crceraos the threrge to suchfinfli in Operator irides subsection to above shall be inaeased 31.00 ror enplaning rasserger

C. Affiliated Operator - (ft Except . °itemise provided n sutasertkal U &O , Anne Operators who amarfikaloi vdth a Based lotion Operator and are feted in the atrial rkrfne Guide as prmiding scheduled ser ytne to and from the Airport shaft

For Ctrl purpose of this Sac 10.10. n et-fere/fed assignment, shall an, the assigse the right to a preferential. .

nonexduake use of a certairitidsting issit and as:sedated Icedeg bridge n the sad second level of the Airport Terminal- Finger Buildhou(M-1 03) and Terminal II lift-130) on a merfth-to- mon th base, tcget er with the right to daze for is passengers usag sadist and gate, theoommon seating areas n saidseconctlevet -For the purposes of this Section 10,10, a secondary assignment shall give the assignee theright secondary use of.a certain ticketing unit and loading bridge gate n said second SRI br a period Speeded, such right being

..emaciate to the prior ?gi lls of the preferential assignee, together with the right to utilize far its passengers using said wit and gate, theseating ,areas in esid.seccrid lase!. Except as hdeinabove specifically grovided, secordary assignments-of said semnd level

Ly a; and loading brdoe gates shaft not. make the Alder Operator rest-Finis such secondary assignments a Based Tenant9peratoe

Section 5. The Board ui tort Commissioners hereby finds and determirss tin the rthrdsto; of the flanges referred tor Sector. 1 -4 of this acfnerce .sfs

from the of the Cafriornia EnVinonm,rtal Qty purwanl Pilo ResourcesCode '3. 21080(b)(8) and - -tis 14 of te California of Reg./afros Sections 15273 and 15061,6113)

... Section 6 Sento, 1 -4 -th this ordnance shall be effective January 1, 2602 ter airfres belcogi,g m the Antos AffairsWm/dee did effective Apt 1 2,C2br nry-4,2,ed aidhes, ground hardlers and ser mnlal ccmpenies.

In Beard of Port Cornmestners Orquand arIrtomra Maar 5 20(12. Passed to pert for one day tern the Ickyane ,otn Ayes:trebtrutssi tsars Ayers-Johsen n; 5th sr P51-thnnanth Scat. Unheard PresdentTagani- 7. Noes. None. Ateentitkere.

Christopher C. MarshalSecretary of the &ad

#67160 Oakland TribuneMarch 13, 2002

its wewahl ot ress than 12,55:0 pounds, the rate

—IMO Pounds 01

Airline Gude as•§crom, tosa of land

COPY

The Oa►And Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612

..gal Advertising)) 208-6306

Legal No. 67160


in the matter of




That the

PUBLIC NOTICE


MARCH 13, 2002




PORT ORDINANCE NO. 3686ORDINANCE AMENDING PORT ORDINANCE NO. 1606 TO ADDSECTION 5.1., CLARIFYING THE APPLICATION OF THECALIFORNIA SUBLETTING AND SUBCONTRACTING FAIRPRACTICES ACT (Pub. Con. C. §4100 et seq.) TO PORTCONTRACTS; ESTABLISING EXCEPTIONS; DELEGATING TO THEEXECUTIVE DIRECTOR AUTHORITY TO IMPLEMENT THE ACT.

WHEREAS the mode of contracting for construction of public worksconstitutes a municipal affair of the City of Oakland; and

WHEREAS the Port is exempt from the requirements of the PublicContract Code; and

WHEREAS the California Legislature has recognized that the practicesof bid shopping and bid peddling in connection with the construction,alteration, and repair of public improvements often result in poor quality,- materi-1 an-, workmanshi lp to the -etriment of the deprive thepublic of the full benefits of fair competition among prime contractors andsubcontractors, and lead to insolvencies, loss of wages to employees, andother evils; and

WHEREAS in order to address such concerns the California Legislatureenacted the Subletting and Subcontracting Fair Practices Act (Pub. Con. C.§4100 et seq.) ("Act"); and

WHEREAS the Port of Oakland has complied with the requirements of theAct in recognition of the sound policy it represents; and

WHEREAS the Act requires that any person making a bid or offer toperform work must set forth the name and location of the business of eachsubcontractor performing in excess of one-half of 1 percent of the primecontractor's total bid; and

WHEREAS strict compliance with the requirement to list the names ofsubcontractors is impossible when the Port utilizes alternative projectdelivery processes in which the contract is awarded before completion ofthe design documents, such as design-build or construction manager at risk;and

WHEREAS the impossibility of compliance with the subcontractorlisting requirement for such contracts constitutes a public necessity forpostponing subcontractor identification until the project designs arecompleted; and

36903

WHEREAS under Port Ordinance No. 1606, Section 5(i), the Board isauthorized to waive standard bidding procedures and allow the ExecutiveDirector to negotiate a contract; and

WHEREAS in those circumstances where the Executive Director has beenauthorized to negotiate a contract, the complete scope of work may not beknown until execution of the contract; and

WHEREAS in those circumstances where the Executive Director has beenauthorized to negotiate a contract, the contractor may not be able toidentify all of its subcontracting needs until execution of the contract;and

WHEREAS the Board recognizes that in some circumstances, the risks ofbid peddling and bid shopping may be outweighed by the Port's need forflexibility in its contracting process, in order to fulfill its role as aregional transportation center; and

WHEREAS Port staff possesses the technical expertise to make anynecessary factual findings, to approve or disapprove of requests tosubstitute subcontractors, to determine violations of the Act, and toimpose any sanctions for violations; and

WHEREAS nothing in this Ordinance is intended expressly or byimplication to waive or limit the Board 's powers under the City Charter;

NOW, THEREFORE BE IT ORDAINED that Port Ordinance No. 1606, shall beand is amended to add Section 5.1., to read as follows:

"1. In the solicitation of bids for public work, the ExecutiveDirector shall ensure that the Port complies with the requirements of theSubletting and Subcontracting Fair Practices Act (Pub. Con. C. §4100 etseq.) ("Act"), except:

1. When the Board waives standard bidding procedures andauthorizes the Executive Director to award a public workscontract utilizing a project delivery process in which thecontract is awarded prior to completion of the design-documents, the bidders shall submit a list of the names ofsubcontractors as required by Section 4104, subdivision(a), of the Act, not later than the date specified in thecontract documents for the project. Under nocircumstances shall the date specified in the contractdocuments for the submission of subcontractor informationby bidders be after the date on which the Port approvesthe design for construction of the project. In the eventthat the work of a contract is separated into more thanone phase, the Port shall specify dates for the submissionof subcontractor information, which are not later than thedate on which the Port authorizes construction for eachphase.

36903

2. When the Board waives standard bidding procedures andauthorizes the Executive Director to award a public workscontract utilizing a project delivery process in which thedesign-documents are complete at the time of solicitation,the bidders shall submit a list of the names ofsubcontractors as required by Section 4104, subdivision(a) , of the Act, not later than the date specified in thecontract documents for the project. Under no circumstancesshall the date specified in the contract documents for thesubmission of subcontractor information by bidders beafter execution of the contract by the contractor.

3. The Executive Director, or his or her designee, is dulyauthorized to implement the Act, including, but notlimited to, approving or rejecting requests to substitutea subcontractor, conducting hearings, making findings, andimposing penalties. Any decisions made by the ExecutiveDirector, or his or her designee, in implementing the Actshall be supported by substantial evidence. The ExecutiveDirector shall inform the Board of any decisions he or shemakes based on a contested hearing.

4. The Board may by resolution exempt any contract from theapplication of the Act, either prospectively orretroactively."

In Board of Port Commissioners, Oakland, California, February 20, 2002.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Uribe and President Tagami - 6. Noes:None. Absent: Commissioner Scates - 1.


Adopted at a regular meeting held March 5 , 2002



Noes: None

Absent: None

President.

Attest, (

Approved as to fro nd legali1i jit:

Port Attorney

Secretary.

36903

The MLind Tribunec/o ANG Newspapers1080 South Amphlett Blvd.

n Mateo, CA 944020) 348-4467 Fax (650) 348-4459

Legal No. 61217

PUBLIC NOTICES PORT ORDINANCE NO. 3686

ORDINANCE AMENDING PORT ORDI-NANCE NO. 1606 TO ADD SECTION 5.1.,CLARIFYING THE APPLICATION OF THECALIFORNIA SUBLETTING AND SUBCON-TRACTING FAIR PRACTICES ACT (Pub.Con. C. §4100 et seq.) TO PORT CON-TRACTS; ESTABLISHING EXCEPTIONS;DELEGATING TO THE EXECUTIVE DIREC-TOR AUTHORITY TO IMPLEMENT THE,r.CT

WHEREAS the mode of contracting forconstruction of public works constitutes a mu-nicipal affair of the City of Oakland; and

WHEREAS the Port is exempt from the re-quirements of the Public Contract Code; and

WHEREAS the California Legislature hasrecognized that the practices of bid shoppingand bid peddling in connection with the con-struction, alteration, and repair of public im-provements often result in poor quality of ma-terial and workmanship to the detriment ofthe public, deprive the public of the full bene-fits of fair competition among prime contrac-tors and subcontractors, and lead to insolven-cies. !Oat; of wages to employees, and otherevils, and

WHEREAS in order to address such con-cerns the California Legislature enacted theSubletting and Subcontracting 'Fair PracticesAct (Pub. Con. C. §4100 et seq.) ("Act"); and

WHEREAS the Port ofOakland has corn-' -•d with the requirements . of the Act in rec-

ltibrr of the sound policy it represents;

WHEREAS the Act requires that any per-son making a bid or offer to perform workmust set forth the name and location of thebusiness of each subcontractor performing inexcess-of one-half of 1 percent of the pnmecontractor's total bid; and

WHEREAS strict compliance with the ,re-quirement to list the names of subcontractorsis impossible when the Port utilizes'altema-tive project delivery processes in which thecontract is awarded before completion of thedesign documents, such as design-build orconstruction manager at risk;'and

WHEREAS the impossibility of compli-ance with the subcontractor listing require-ment for such contracts constitutes a publicnecessity,for postponing subcontractor identi-fication until the project designs are complet-r.'r!' and

WHEREAS under Port Ordinance No.1606, Section 5(1), the Board is authorized towaive standard bidding procedures and allowthe Executive Director to negotiate a contract;and

WHEREAS in those circumstances wherethe Executive Director has been authorized tonegotiate a contract, the cornsige swap f

execution of the contract by the contractor. e3.The Executive Director, or his or her

designee, is duly authorized to implement theAct, including, but not limited to, approving orrejecting requests to substitute asubcontractor, conducting hearings, makingfindings, and imposing penalties. Anydecisions made by the Executive Director, orhis or, her designee, in implementing the Actshall be supported by substantial evidence.The Executive'Director shall inform the Boardof any decisions he or she makes based on acontested hearing.

4. The Board may by resolution exemptany contract from the application of the Act,either prospectively or retroactively.'

' In. Board of Port. Commissioners, Oakland,February 20, 2002. Passed to print

re day by the following vote: Ayes:missioners Ayers-Johnson, Kiang,

Kremer, Protopappas, Uribe and. PresidentTagami - 6 Noes: None. Absent:Commissioner Scates - 1.


The Oakland Tribune, #61217February 27, 2002

wan oi buintAA..uedo exei6 &Aims

)2 /m3d 1-) 00 ' • 213H)1VdS10 lL61fIRIi11V

COPY


In the matter of


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 Section 6000adjucated as such

by the Superior Court of the State of California, County of Alameda(Order Nos. 237798, December 4, 1951) which is published andcirculated in Oakland Township in said county and state seven days aweek.

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 27, 2001



COPY

The Oah„.. 4ind Tribunedo ANG Newspapers1080 South Amphlett Blvd.'-n Mateo, CA 94402

0) 348-4467 Fax (650) 348-4459

Legal No. 61217


In the matter of




That the

PUBLIC NOTICE


FEBRUARY 27, 2001



,i41A310


CITY OF OAKLAND


AN ORDINANCE IMPOSING A CUSTOMER FACILITY CHARGEON EACH PERSON WHO RENTS AN AUTOMOBILE FROM ACUSTOMER FACILITY LOCATED ON THE AIRPORT ORWITHIN THE RENTAL CAR RADIUS; OBLIGATING EACHRENTAL CAR COMPANY THAT OPERATES A CUSTOMERFACILITY ON THE AIRPORT OR WITHIN THE RENTAL CARRADIUS TO COLLECT A CUSTOMER FACILITY CHARGE FROMEACH PERSON WHO RENTS AN AUTOMOBILE FROM SUCHCUSTOMER FACILITY AND TO REMIT SUCH CUSTOMERFACILITY CHARGE TO THE PORT OF OAKLAND; IMPOSINGCERTAIN REPORTING AND OTHER OBLIGATIONS ON SUCHRENTAL CAR COMPANIES; AND PROVIDING AN EFFECTIVEDATE.


ARTICLE I - DEFINITIONS

Unless otherwise specifically defined herein, or unless adifferent meaning is apparent from the context, the following termsused in this Ordinance shall have the definitions specified in thisArticle I, whether or not such terms are capitalized. Except whereotherwise indicated, words in the singular include the plural as wellas the singular and vice versa.

"Act" shall mean Section 1936 of the California Civil Code, asamended.

"Airport" shall mean Metropolitan Oakland International Airport.

"Automobile" shall mean any passenger motor vehicle, includingpickup trucks, vans, sports utility vehicles and station wagons.

"Commercial Activity" shall mean any activity that relates to theexchange, trading, buying, hiring, selling or renting of commodities,goods, services, Automobiles or other tangible or intangible propertyof any kind, or any revenue producing activity on the Airport orrelated to any revenue producing activity off of the Airport.

37330

"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.

"Contract" shall mean the written agreement under which anAutomobile is rented to a Person by a Rental Car Company.

"Customer Facility" shall mean any facility located on theAirport or within the Rental Car Radius and operated by a Rental CarCompany for the processing and/or servicing of, or for the delivery ofrented Automobiles to, its customers.

"Customer Facility Charge" shall mean the charge required to beimposed pursuant to the Act and Article II of this Ordinance.

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

"Interim Period" shall mean the period commencing on the firstday of the first calendar month after the Port's written notice to theRental Car Companies in accordance with the notice requirementscontained in Article VII below that the Customer Facility Charge willbe used by the Port to pay any of the costs of the Common Use BusingSystem, and ending on the Termination Date.

"Interim Rental Car Facility" shall mean the consolidated rentalcar facility to be constructed northwest of the Doolittle Drive andLangley Street intersection in the North Field at the Airport.

"Long Term Facility" shall mean the consolidated rental carfacility at the Airport that the Port may construct in the future toreplace the Interim Rental Car Facility.

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

"Off-Airport Customer Facility" shall mean a Customer Facilitythat is not located on the Airport.

"Off-Airport Rental Car Company" shall mean a Person that is notan On-Airport Rental Car Company and that operates a Customer Facilitywithin the Rental Car Radius.

"On Airport Customer Facility" shall mean a Customer Facilitythat is located on the Airport.

"On-Airport Rental Car Company" shall mean a Person that operatesa Customer Facility on the Airport and is a party to a license and

2 37330

concession agreement with the Port authorizing it to conduct anautomobile rental business concession at the Airport.

"Person" shall mean any individual, firm, partnership,corporation, company, association, joint stock association, bodypolitic or other entity, and includes any trustee, receiver,committee, assignee or other representative or employee thereof.

"Port" shall mean the Port of Oakland, which consists of the PortDepartment of the City of Oakland, under the exclusive control andmanagement of the Board of Port Commissioners of the City of Oakland,acting for and on behalf of the City of Oakland.

"Rental Car Company" shall mean any On-Airport Rental Car Companyor any Off-Airport Rental Car Company.

"Rental Car Facility" shall mean the Interim Rental Car Facilityor the Long Term Facility.

"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 SanLeandro Bay to the intersection of Oakport Street and 66 th Avenue inOakland; and the area encompassed by and the frontage on both sides ofthe following streets: 66 th Avenue, from Oakport Street to San LeandroBoulevard in Oakland; San Leandro Boulevard, from 66 th Avenue toHegenberger Road in Oakland; Hegenberger Road, from San LeandroBoulevard to Baldwin Street in Oakland, Baldwin Street, fromHegenberger Road to 85 th Avenue in Oakland; 85 th Avenue, from BaldwinStreet to Edes Avenue in Oakland; Edes Avenue, from 85 th Avenue to 98thAvenue in Oakland; 98 th Avenue, from Edes Avenue to Interstate 880 inOakland; Interstate 880, from 98 th Avenue in Oakland to Williams Streetin San Leandro; and Williams Street, from Interstate 880 to andincluding Oyster Bay Regional Shoreline in San Leandro; and Oyster BayRegional Shoreline extending to Eden Road in Oakland and extending tothe Airport, as illustrated on the map attached hereto as Exhibit "A".

"Termination Date" shall mean the date on which the Common UseBusing System will cease operating, as determined by the Director.The Director shall give the Rental Car Companies at least thirty (30)days prior written notice of the Termination Date, in accordance withthe notice requirements contained in Article VII below.

ARTICLE II - CUSTOMER FACILITY CHARGE

(a) Pursuant to the Act, each Person who rents anAutomobile at an On-Airport Customer Facility shall pay a CustomerFacility Charge of $10.00 for each Contract.

3 37330

(b) Pursuant to the Act, each Person who rents anAutomobile at an Off-Airport Customer Facility during the InterimPeriod shall pay a Customer Facility Charge of $6.00 for eachContract, or such other amount as may be set forth in a written noticegiven from time to time by the Port to the Rental Car Companies inaccordance with the notice requirements contained in Article VIIbelow.

(c) Each Rental Car Company shall collect the applicableCustomer Facility Charge, as set forth in subparagraph (a) or (b)above, on each Contract for an Automobile rented at any CustomerFacility or rented elsewhere and delivered at any Customer Facility;shall separately identify the amount of such Customer Facility Chargein such Contract and shall describe such fee as a "Customer FacilityCharge" or a "Facility Fee"; shall collect such Customer FacilityCharge at the time the first payment is made under the Contract, andshall remit the full amount of such Customer Facility Charge to thePort pursuant to Article III(b) below, regardless of whether or notthe full amount of such Customer Facility Charge is actually collectedby the Rental Car Company from the Person who rented the Automobileunder such Contract.

ARTICLE III - REPORTING AND REMITTANCE

(a) Each Rental Car Company liable for the collection andpayment of a Customer Facility Charge pursuant to this Ordinanceshall, on or before the last day of a calendar month, prepare andsubmit a monthly fee report to the Port on a form approved in writingby the Director, specifying the total number of Contracts entered intoat each Customer Facility and the total amount of Customer FacilityCharges collected at each Customer Facility in the prior calendarmonth.

(b) The total amount of Customer Facility Charges owed bythe Rental Car Company under Article II(c) above for the priorcalendar month shall be remitted to the Port with such monthly feereport.

ARTICLE IV - RECORD KEEPING REQUIREMENTS AND AUDIT RIGHTS

Each Rental Car Company liable for the collection and payment ofa Customer Facility Charge pursuant to this Ordinance shall beobligated to keep and preserve all books and records as would normallybe examined by an independent certified public accountant pursuant togenerally accepted auditing standards in performing an audit orexamination of the Customer Facility Charges owed by such Rental CarCompany to the Port under this Ordinance, and any other financial orstatistical reports or records as the Port may reasonably request.The Rental Car Company shall retain such books and records and other

4 37330

financial reports for a period of no less than four (4) yearsfollowing the end of the calendar year to which such books and recordsand financial reports relate; provided, however, that if prior to theend of such four (4) year period, any audit, review or investigationis commenced by the Port, or any claim is made or litigation iscommenced against the Rental Car Company arising under this Ordinance,such books and records and financial reports shall continue to bemaintained by the Rental Car Company, and the Port shall continue tohave the right to inspect such books and records and financialreports, as provided herein, until the audit, claim or litigation isfinal.

The books and records and financial reports that the Company isobligated to maintain under this Article IV shall be made available bythe Rental Car Company at one of its Customer Facilities, on thirty(30) days prior written notice, for inspection and copying by the Portor its duly authorized representative. The Port shall have the rightto audit or cause an audit to be made of such books and records andfinancial reports to determine the correctness of the CustomerFacility Charges paid by the Rental Car Company to the Port for anycalendar year that ended no more than four (4) years prior to thecommencement of such audit. If as a result of such audit it isestablished that additional amounts are owed the Port, the Rental CarCompany shall, upon written demand from the Port, promptly pay to thePort such additional amount, together with the delinquency chargeprovided for in Article V below. Further, if such audit establishesthat the Rental Car Company has underpaid its Customer FacilityCharges for any calendar year by three percent (3%) or more, then theentire expense of such audit shall be paid by the Rental Car Company.

ARTICLE V - DELINQUENCY CHARGE

Any payment required to be made to the Port under this Ordinancethat remains due and unpaid for a period of ten (10) days after itbecomes due and payable shall be subject to a delinquency charge, forviolation of this Ordinance, and as liquidated damages, of $50.00 plusa sum equal to .05% per day of such delinquent payment, but not toexceed the maximum interest rate permitted by applicable law, for eachday from the date such payment became due until payment has beenreceived by the Port, to cover the administrative expenses incurred bythe Port for such delinquency.

ARTICLE VI - VIOLATIONS OF ORDINANCE

Any Off-Airport Rental Car Company that violates any provision ofthis Ordinance, in addition to all remedies available to the Portunder California law or other Port Ordinances, shall have violatedPort Ordinance No. 3648, as it may hereafter be amended or supercededby subsequently adopted Port Ordinance, and shall be barred from using

5 37330

the Airport or its facilities for any Commercial Activity until suchviolation has been corrected by such Off-Airport Rental Car Company.

Any On-Airport Rental Car Company that violates any provision ofthis Ordinance, in addition to all remedies available to the Portunder California law or other Port Ordinances, is using its CustomerFacility in violation of this Ordinance, and shall be subject to thedefault provisions contained in its agreement or permit with the Portcovering such Customer Facility.

ARTICLE VII - EFFECTIVE DATE; NOTICE

This Ordinance shall become effective on the first day of thefirst calendar month after the Port's written notice to the Rental CarCompanies that the Port has incurred debt to finance the InterimRental Car Facility; provided, however, that the effective date ofthis Ordinance shall not occur before April 1, 2002. This Ordinanceshall be suspended during such periods as are set forth in a writtennotice from the Port to the Rental Car Companies advising that thePort has no debt outstanding that was incurred to finance a Rental CarFacility.

The Port shall give written notice to a Rental Car Company1_)_y 1--,Layc

Service mail at the address for such Rental Car Company that is onfile at the Port's Airport Properties Department. A photocopy of aproperly addressed and postmarked envelope and an affirmative writtenrepresentation by the individual who deposited the notice in the mailthat the notice was deposited in the mail shall constitute conclusiveevidence of compliance by the Port with the notice requirements ofthis Article VII.

ARTICLE VIII - PORT'S OBLIGATIONS

The Port shall only use Customer Facility Charges to pay coststhat may lawfully be paid under California law, and shall not collectCustomer Facility Charges in excess of the aggregate amount that maylawfully be collected under California law.

ARTICLE IX - ATTORNEYS FEES

If the Port commences any action or proceeding against a RentalCar Company to enforce any provision of this Ordinance or to collectany unpaid Customer Facility Charges, and is the prevailing party insuch action or proceeding, then it shall be entitled to have andrecover from the losing party reasonable attorneys' fees and costs ofsuit and any appeals. The Port shall also be entitled to reasonableattorneys fees and costs to protect the Port's interest in CustomerFacility Charges in the event of a Rental Car Company's bankruptcy,

6 37330

AttestSecretary.

Approved as to

c (

and all such fees and costs shall be deemed actual pecuniary losseswithin the meaning of the federal Bankruptcy Code.

ARTICLE X - SEVERABILITY

If any part of this Ordinance contained in Articles I through IXabove, including any modifications thereof or additions or amendmentsthereto, shall be found to be invalid for any reason, the remainder ofthis Ordinance shall not be invalidated thereby but, in accordancewith the intention of the Port hereby expressed, shall remain in fullforce and effect, all parts of this Ordinance being hereby declared tobe separate and independent of all others.

In Board of Port Commissioners, Oakland, California, February 20,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Uribe andPresident Tagami - 6. Noes: None. Absent: Commissioner Scates - 1.


Adopted at a regular meeting held March 5, 2002



Noes:

Absent:

None

None

President.

Port Attorney

7 37330

COPYThe OaLadd Tribunedo ANG Newspapers1080 South Amphlett Blvd.

Mateo, CA 94402)) 348-4467 Fax (650) 348-4459

Legal No. 60951


In the matter of


The undersigned below, deposes and says that he/she was the publicNotice Advertising Clerk of the OAKLAND TRIBUNE a newspaper ofyei lei al uiluuldtiLII db de filled by Guyemille■A Cude &caw] ONOadjucated as such


That the

PUBLIC NOTICE


FEBRUARY 27, 2002



The OaLadd Tribunedo ANG Newspapers1080 South Amphlett Blvd.Q, n Mateo, CA 94402

)) 348-4467 Fax (650) 348-4459

Legal No. 60951 PORT ORDINANCE NO. 3685

AN ORDINANCE IMPOSING A CUSTOMER FACILITY CHARGE ON EACH PERSONWHO RENTS AN AUTOMOBILE FROM A CUSTOMER FACILITY LOCATED ON THE AIR-PORT OR WITHIN THE RENTAL CAR RADIUS; lIBUGATING EACH RENTAL CAR COMPA-NY THAT OPERATES A CUSTOMER FACILITY ON THE AIRPORT OR WITHIN THE RENT-AL CAR RADIUS TO COLLECT A CUSTOMER FACILITY CHARGE FROM EACH PERSONWHO RENTS AN AUTOMOBILE FROM SUCH CUSTOMER FACILITY AND TO REMITSUCH CUSTOMER FACILITY CHARGE TO THE PORT OF OAKLAND; IMPOSING CER-TAIN REPORTING AND OTHER OBLIGATIONS ON SUCH RENTAL CAR COMPANIES;AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:ARTICLE I - DEFINITIONSUnless otherwise specifically defined herein, or unless a different meaning is apparent front

the context, the following terms used in this Ordinance shall have-the definitions specified inthis Article I, whether or not such terms are capitalized. Except where otherwise indicated,words in the singular include the plural as well as the singular and vice versa.

"Act" shall mean Seetton'Ig36 of the California Civil Code, as amended."Airport' shall mean Metropolitan Oakland International Airport."Automobile" shall mean any passenger motor vehicle, including pickup trucks, vans,

sports utility vehicles and station wagons."Commercial Activity" shall mean any activity that relates to the exchange, trading, buying,

hiring, selling or renting of commodities, goods, services, Automobiles or other tangible or in-tangible property of any kind, or any revenue producing activity on the Airport or related to anyrevenue producing activity off of the Airport.

"Common Use Busing System" shall mean the busing system operated by re on behalf ofthe On-Airport Rental Car Companies pursuant to their agreements with the Port.

"Contract shall mean the written agreement under which an Automobile is rented to a Per-son by a Rental Car Company.

"Customer Facility" shall mean any facility located on the Airport or within the Rental CarRadius and operated by a Rental Car Company for the processing and/or servicing of, or forthe delivery of rented Automobiles to, its customers.

'Customer Facility Charge" shall mean the charge required to be imposed pursuant to theAct and Article II of this Ordinance.

"Director' shall mean the Director of Aviation employed by the Port, or his or her designee.Interim Period' shall mean the period commencing on the first day of the first calendar

month after the Port's written notice to the Rental Car Companies in accordance with the no-tice requirements contained in Article VII below that the Customer Facility Charge will be usedby the Port to pay any of the costs of the Common Use Busing System, and ending on the Ter-r 'on Date.

'rim Rental Car Facility' shall mean the consolidated rental car facility to be construct-hwest of the Doolittle Drive and Langley Street intersection in the North Field at the

A'Long Term Facility" shall mean the consolidated rental car facility at the Airport that the

Port may construct in the future to replace the Interim Rental Car Facility.'North Field" shall mean that portion of the Airport located north of Air Cargo Road."Off-Airport Customer Facility" shall mean a Customer Facility that is not located on theARTICLE VII - EFFECTIVE DATE; NOTI CEThis Ordinance shall become effective on the first day of the first calendar month after the

Port's written notice to the Rental Car Companies that the Port has incurred debt to finance theInterim Rental Car Facility: provided, however, that the effective date of this Ordinance shallnot occur before April 1, 2002. This Ordinance shall be suspended during such periods as areset forth in a written notice from the Port to the Rental Car Companies advising that the Porthas no debt outstanding that was Incurred to finance a Rental Car Facility.

The Port shall give written notice to a Rental Car Company pursuant to this Ordinance bypostage prepaid United States Postal Service mail at the address for such Rental CarCompany that is on file at the Port's Airport Properties Department. A photocopy of a properlyaddressed and postmarked envelope and an affirmative written representation by theindividual who deposited the notice in the mail that the notice was deposited in the mail shallconstitute conclusive evidence of compliance by the Port with the notice requirements of thisArticle VII.

ARTICLE VIII - PORT'S OBLIGATIONSThe Port shall only use Customer Facility Charges to pay costs that may lawfully be paid

under California law, and shall not collect Customer Facility Charges in excess of theaggregate amount that may lawfully be collected under California law.

ARTICLE IX - ATTORNEYS TEESIf the Port commences any action or proceeding against a Rental Car Company to enforce

any provision of this Ordinance or to collect any unpaid Customer Facility Charges, and is theprevailing party in such action or proceeding, then it shall be entitled to have and recover fromthe losing party reasonable attorneys' fees and costs of suit and any appeals. The Port shallalso be entitiea to reasonable attorneys fees and costs to protect the Port's interest inCustomer Facility Charges in the event of a . Rental Car Company's bankruptcy, and all suchfees and costs shall be deemed actual pecuniary losses within the meaning of the federalBankruptcy Code.

ARTICLE X - SEVERABIUTYIf any part of this Ordinance contained in Articles I through IX above, including any

modifications thereof or additions or amendments thereto, shall be found to be invalid for anyreason, the remainder of this Ordinance shall not be invalidated thereby but, in accordancewith the intention of the Port hereby expressed, shall remain in full force and effect, all parts ofthis Ordinance being hereby declared to be separate and independent of all others.

in Board of Port Commissioners, Oakland, CaMcimia, February 20, 2002. Passed torint for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang,Tamer, Protopappes, Uribe end President Tagami - 6. Noes: None. Absent:

Commissioner Scates - 1.

'RISTOPHER C. MARSHALLatary of the Board


e 00L

eldate

'MANN

999 L-ZSZ-0 S :MagrIAI

In etimN no,x. .

ZEZTgieZ :61.141J113d

tun 0 ■-gCeig

ef..9 1101"uooDels4us-• IsA efiLij • buluap.mbleJeuen sJapiiipch:

'Sumei tAnu 'scin-ueeppiii.' , 15,111nPII `fii!vtlf

COPY


In the matter of



by the Superior Court of the State of California, County of Alameda(Order Nos. 237798, December 4, 1951) which is published andcirculated in Oakland Township in said county and state seven days aweek.That the

PUBLIC NOTICE


FEBRUARY 27, 2002





AN ORDINANCE AUTHORIZING AND APPROVING THEEXECUTION OF NON-EXCLUSIVE PREFERENTIAL ASSIGNMENTAGREEMENT WITH EVERGREEN MARINE CORP. (TAIWAN)LTD.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a Non-Exclusive Preferential Assignment Agreement ("Agreement")between the CITY OF OAKLAND, a municipal corporation, acting by andthrough the Board, and EVERGREEN MARINE CORP. (TAIWAN) LTD, a Republicof China corporation ("Evergreen"), as Assignee, whereby certainpremises consisting of approximately 58 acres and four gantry cranes, atthe Port of Oakland's Ben E. Nutter Container Terminal ("NutterTerminal"), are assigned to Assignee on a nonexclusive preferentialbasis, to be used by Assignee as a containership terminal, for a term of10 years commencing the first day of the calendar month following theexpiration of thirty (30) days from and after the adoption of thisordinance, any required filing of the Agreement with the FederalMaritime Commission and its effectiveness pursuant to Section 6 of theShipping Act of 1984, and the termination of the Management Agreementfor the Nutter Terminal between the Port and MARINE TERMINALSCORPORATION, dated May 3, 1994, as amended (Federal Maritime CommissionNo. 224-200870) and the Terminal Use Agreement for the Nutter Terminalbetween the Port and Evergreen, dated July 18, 2000, as amended (FederalMaritime Commission No. 201114), with two separate consecutive optionsfor Assignee to extend the term by 5 years pursuant to each option, at acompensation and other terms and conditions as set forth in Agenda SheetItem No. 24, February 5, 2002, and such standard terms and conditions asspecified in the Agreement and approved by the Executive Director.


Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract, agreement, or 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 the 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 the

3 6 9 68

Port Attorney, and is delivered to User, there shall be no valid oreffective Agreement or other obligation or liability on the part of theBoard.


In Board of Port Commissioners, Oakland, California, February 5,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates and PresidentTagami - 5. Noes: None. Absent: Commissioners Kramer and Uribe - 2.


Adopted at a regular meeting held February 19 , 2002


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

Noes:

Absent:

None


Attest

President.

Secretary.

Port Attorney

36968

The Land Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

)) 208-6306

Legal No. 56156

PORT ORDINANCE NO. 3684AN ORDINANCE AUTHORIZING AND APPROVING THE EXECUTION OF NON-

EXCLUSIVE PREFERENTIAL ASSIGNMENT AGREEMENT WITH EVERGREEN MARINECORP. (TAIWAN) LTD.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Section 1. The Board of Port Commissioners ("Board") hereby approves a Non-Exclusive

Preferential Assignment Agreement ("Agreement") between the CITY OF OAKLAND, a munici-pal corporation, acting by and through the Board, and EVERGREEN MARINE CORP.(TAIWAN) LTD, a Republic of China corporation ("Evergreen"), as Assignee, whereby certainpremises consisting of approximately 58 acres and four gantry cranes, at the Port of Oakland'sBen E Nutter Container Terminal ("Nutter Terminal"), are assigned to Assignee on a nonexclu-sive preferential basis, to• be used by Assignee as a containership terminal, for a term of 10years commencing the first day of the calendar month following the expiration of thirty (30)days from and after the adoption of this ordinance, any required filing of the Agreement withthe Federal Maritime Commission and its effectiveness pursuant to Section 6 of the ShippingAct of 1984, and the termination of the Management Agreement for the Nutter Terminal be-tween the Port and MARINE TERMINALS CORPORATION, dated May 3, 1994, as amended(Federal Maritime Commission No. 224-200870) and the Terminal Use Agreement for theNutter Terminal between the Port and Evergreen, dated July 18, 2000, as amended (FederalMaritime Commission No: 201114), with two separate consecutive options for Assignee to ex-tend the term by 5 years pursuant to each option, at a compensation and other terms and con-ditions as set forth in Agenda Sheet Item No. 24, February 5, 2002, and such standard termsand conditions as specified in the Agreement and approved by the Executive Director.

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

Section a This ordinance is not evidence of and does not create or constitute (a) a con-'.,agreement, or any right entitlement or property interest, or (b) any obligation or liability

e part of the Board or any officer or employee of the Board. 'This ordinance approves,authorizes the execution of the Agreement in accordance with the terms of this ordinance.

Unless and until a separate written Agreement is duly executed on behalf of the Board as au-thorized by this ordinance, is signed as approved as to form and legality by the Port Attorney,and is delivered to User, there shall be no valid or effective Agreement or other obligation or Ha-bil on the part of the Board.

Section 4. This ordinance shall take effect thirty (30) days from and after its final adoption.In Board of Port Commissioners, Oakland, California, February 5, 2002. Passed to print for

one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,Scates and President Tagami - 5. Noes: None. Absent: Commissioners Kramer and Uribe - 2.



COPY


In the matter of




PUBLIC NOTICE


FEBRUARY 13, 2002



COPY

The OaLand Tribunedo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising

)) 208-6306

Legal No. 56156


In the matter of


The undersigned below, deposes and says that he/she was the publicNntirP ArIverticinn Clerk of the (-AK! ANn TRIM INF a newcnaner ofgeneral circulation as defined by Government Code Section


That the

PUBLIC NOTICE


FEBRUARY 13, 2002




CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF A NON-EXCLUSIVE PREFERENTIALASSIGNMENT AGREEMENT WITH AMERICAN PRESIDENTLINES, LTD.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a new Non-exclusive Preferential Assignment Agreement("Agreement") between the CITY OF OAKLAND, a municipal corporation,acting by and through the Board, and AMERICAN PRESIDENT LINES, LTD., acorporation ("APL"), as Assignee, whereby certain premises, that arepresently occupied and used by APL under existing agreements between thePort and APL which will be terminated by the new Agreement consisting ofapproximately 79.38 acres of land and water area, and a total berthingarea of approximately 9.17 acres, to be improved by the Port with majorportions of the work to include demolition and/or reconstruction of themaintenance and marine operations buildings, the reefer wash facilityand the outbound canopy, reconstruction of the container yard pavement,refurbishment of the electrical and lighting systems, and work regardingthe reefer bunkers and racks, commonly referred to as Berths 60-63, thePort of Oakland's Inner Harbor Area, are assigned to Assignee on anonexclusive preferential basis, to be used by Assignee as acontainership terminal, for a term of 15 years commencing on the laterof 30 days from and after the adoption of this ordinance and anyrequired filing of the Agreement with the Federal Maritime Commissionand its effectiveness pursuant to Section 6 of the Shipping Act of 1984,with two separate consecutive options for Assignee to extend the term by5 years pursuant to each option, at a compensation and other terms andconditions as set forth in Agenda Sheet Item No. 23, February 5, 2002,and such standard terms and conditions as specified in the Agreement andapproved by the Executive Director.


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 Non-Exclusive

36982

Preferential Agreement in accordance with the terms of this ordinance.Unless and until a separate written Non-Exclusive PreferentialAssignment 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 Assignee, there shallbe no valid or effective Non-Exclusive Preferential Assignment Agreementor any other contract or agreement.




meeting held February 19 , 2002Adopted at a regular


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

Noes: None


36982

Oakland k eibunec/o ANG Newspapers401 13th Street°Aland, CA 94612Leg Ivertising(510, _d3-2601


PROOF OF PUBLICATIONFILE NO. ORD. # 3683

In the matter of

AMERICAN PRESIDENT LINES, LTD.


0. adjudicated as such by the Superior Court of the State of.,,,ifornia, 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


2113102


-7q-nu,(AL

Legal No. 0000056152

PORT ORDINANCE NO. 3683AN ORDINANCE APPROVING

AND AUTHORIZING THE EXECUTIONOF A NON-EXCLUSIVE PREFERENTIAL

ASSIGNMENT AGREEMENT WITHAMERICAN PRESIDENT LINES, LTD.BE IT ORDAINED by the Board of Port

Commissioners of the City of Oakland as fol-lows:

Section 1. The Board of Port Commission-ers ("Board") hereby approves a new Non-exclusive Preferential Assignment Agreement("Agreement") between the CITY OF OAK-LAND, a municipal corporation, acting byand through the Board, and AMERICANPRESIDENT LINES, LTD., a corporation("APL"), as Assignee, whereby certain prem-ises, that are presently occupied and used byAPL under existing agreements between thePort and APL which will be terminated by thenew Agreement consisting of approximately79.38 acres of land and water area, and a to-tal berthing area of approximately 9.17 acres,to be improved by the Port with major por-tions of the work to include demolition and/orreconstruction of the maintenance and ma-rine operations buildings, the reefer wash fa-cility and the outbound canopy, reconstruc-tion of the container yard pavement, refurbish-ment of the electrical and lighting systems,and work regarding the reefer bunkers andracks, commonly referred to as Berths 60-63,the Port of Oakland's Inner Harbor Area, areassigned to Assignee on a nonexclusive pref-erential basis, to be used by Assignee as acontainership terminal, for a term of 15 yearscommencing on the later of 30 days from andalter the adoption of this ordinance and anyrequired filing of the Agreement with the Fed-eral Maritime Commission and its effective-ness pursuant to Section 6 of the ShippingAct of 1984, with two separate consecutiveoptions for Assignee to extend the term by 5years pursuant to each option, at a compen-sation and other terms and conditions as setforth in Agenda Sheet Item No. 23, February5, 2002, and such standard terms and condi-tions as specified in the Agreement and ap-proved by the Executive Director.

Section 2. The Executive Director is here-by authorized to execute and the Secretary toattest said Agreement.

Section 3. This ordinance is not evidenceof and does not create or constitute (a) a con-tract, lease or the grant of any right, entitle-ment or property interest, or (b) any obliga-tion or liability on the part of the Board or anyofficer or employee of the Board. This ordi-nance approves and authorizes the executionof said Non-Exclusive Preferential Agreementin accordance with the terms of this ordi-nance. Unless and until a separate writtenNon-Exclusive Preferential Assignment Agree-ment is duly executed on behalf of the Boardas authorized by this ordinance, is signed asapproved as to form and legality by the PortAttorney, and is delivered to Assignee, thereshall be no valid or effective Non-ExclusivePreferential Assignment Agreement or anyother contract or agreement.

Section 4. This ordinance shall take effectthirty (30) days from and alter its finaladoption.

In Board of Port Commissioners, Oakland,California, February 5, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kiang,Protopappas, Scales and President Ta9ami -5. Noes: None. Absent: CommissionersKramer and Uribe - 2.




CITY OF OAKLAND




Section 1. The Executive Director is hereby authorized to enterinto additional individual agreements with additional prospectiveairline carriers providing regularly scheduled service at MetropolitanOakland International Airport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in Agenda Sheet Item No. 4S datedFebruary 5, 2002.

Section 2. The following additional scheduled airlines wouldenter into a Standard Airline Operating Agreement and Space/UsePermit:

American Eagle Airlines


American Eagle AirlinesEvergreen Aviation Ground Logistics EnterprisesOneSource Building Services


Section 5. This Ordinance is not evidence of and does not createor constitute (a) a contract or Lease, entitlement or property interest,or (b) any obligation or liability on the part of the Board or any

35385

officer or employee of the Board. This resolution approves andauthorizes the execution of an agreement or Lease in accordance with theterms of this resolution. Unless and until a separate written agreementis duly executed on behalf of the Board as authorized by thisresolution, is signed and approved as to form and legality by the PortAttorney, and is delivered to other contracting party, there shall be novalid or effective agreement or Lease.





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

Noes:

Absent:

None


President.

AttestSecretary.

35385

Oakland ibunec/o ANG Newspapers401 13th StreetOakland, CA 94612Leg lvertising(511,, 33-2601



In the matter of



adinclicated as such hv the Snnerinr Cnnvi of the state ofCounty of Alameda (Order No. 237798. on


The PUBLIC NOTICE


2/13/02


Legal No. 0000056148

PORT ORDINANCE NO. 3682ORDINANCE APPROVING ADDITIONAL

SIGNATORIES TO THE AIRLINE OPERAT-ING AGREEMENT AND SPACE/USE PER-

MIT AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT.


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 February 5, 2002.

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

American Eagle AirlinesSection 3. The following tenants would

enter into a Space/Use Permit only:American Eagle AirlinesEvergreen Aviation GroundLogistics EnterprisesOneSource Building ServicesSection 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.


In Board of Port Commissioners, Oakland,California. February 5. 2002. Passed to orintrur une uay Dy me ionowing vute: /Ayes: uurri-missioners Ayers-Johnson, Kiang,Protopappas, Scates and President Tagami -5. Noes: None. Absent: CommissionersKramer and Uribe - 2.

CHRISTOPHER C. MARSHALLSecretary of the Board



CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE THENEW POSITION OF AIRPORT SECURITY MANAGER, TO AMEND SECTION5.121 OF PORT ORDINANCE NO. 867 AND AMENDING PORT ORDINANCENO. 3675 TO CORRECT AND UPDATE PORT ORDINANCE NO. 867.


Section 1. Section 13.9 is hereby added to Port Ordinance No. 867to read as follows:


13.9 1 Airport Security Manager 575.2

Section 2. Section 5.121 of Port Ordinance No. 867 is herebyamended to retitle the position of Deliveryman to Port Deliveryman.

Section 3. Port Ordinance No. 3675 is hereby amended by changingthe No. of Positions of Airport Ground Transportation & ParkingOperations Coordinator from 1 position to 2 positions.

3 7 0 0

Absent: Commissioners Kramer and Urib

Section 4. Port Ordinance No. 3675 is hereby amended byadding Section 2 which section shall read as follows:

"Section 2. Section 14 is hereby added to PortOrdinance No. 867 to read as follows:


14 1 Assistant to theExecutive Director 559.8"

In Board of Port Commissioners, Oakland, California, January 29,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Uribe andPresident Tagami - 6. Noes: None. Absent: Commissioner Scates - 1.




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

Noes: None

AttestSecretary.

Apkoved a th and legality :

Port AttornEl

czclu.ALL

Oakland 1g 'Mune Legal No. 0000053181PORT ORDINANCE NO. 3681

c/o ANG Newspapers401 13th StreetOakland, CA 94612Lec ivertising(51u, _93-2601

PORT OF OAK. LEGAL DEPT530 WATER ST./ARVAYNE M., Attn: EdithaHernandez,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. 37106-C

In the matter of



`0, 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


2/4/02


AN ORDINANCE AMENDING PORTORDINANCE NO. 867 TO CREATETHE NEW POSITION OF AIRPORTSECURITY MANAGER, TO AMEND

SECTION 5.121 OF PORT ORDINANCENO. 867 AND AMENDING PORT ORDI-NANCE NO. 3675 TO CORRECT AND

UPDATE PORT ORDINANCE NO. 867.


Section 1. Section 13.9 is hereby addedto Port Ordinance No. 867 to read as follows:


13.9 1 Airport 575.2Security Manager

Section 2. Section 5.121 of Port Ordi-nance No. 867 is hereby amended to retitlethe position of Deliveryman to Port Delivery-man.

Section 3. Port Ordinance No. 3675 ishereby amended by changing the No. of Posi-tions of Airport Ground Transportation & Park-ing Operations Coordinator from 1 position to2 positions.

Section 4. Port Ordinance No. 3675 ishereby amended by adding Section 2 whichsection shall read as follows:

"Section 2. Section 14 is hereby added toPort Ordinance No. 867 to read as follows:


14 1 Assistant 559.8"to the Executive

DirectorIn Board of Port Commissioners, Oakland,

California, January 29, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kiang, Kramer,Protopappas, Uribe and President Tagami -6. Noes: None. Absent: CommissionerScates - 1.




PORT ORDINANCE NO. 3680ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCUMENTS TO CARPENTERSUNION LOCAL 2236 AND PACIFIC GAS AND ELECTRIC(PG&E) FOR BUILDING ENCROACHMENT, EMERGENCYINGRESS AND EGRESS AND SUBSURFACE UTILITIESLOCATED AT BROADWAY STREET, OAKLAND, CALIFORNIA.


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 CARPENTERS UNION LOCAL 2236("Carpenters Union"), an Encroachment Easement and an EmergencyIngress and Egress Easement, all in accordance with Agenda Sheet ItemNo. 13S dated January 29, 2002 (the "Agenda Item"). Said agreementsand easements shall contain such terms and conditions as the ExecutiveDirector and the Port Attorney may determine necessary in order toprotect the interests of the Port.

Section 2. The Board further hereby approves and authorizesthe Executive Director to execute for and on behalf of the Board anddeliver to PACIFIC GAS AND ELECTRIC COMPANY ("PG&E"), a Californiacorporation, a Subsurface Utility Easement in accordance with theAgenda Item.

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 agreement andeasements in accordance with the terms of this ordinance. Unless anduntil a separate written agreement and easements 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 Carpenters Union and PG&E, there shall be no valid oreffective agreement or easements.

37003

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



meeting held February 5, 2 002Adopted at a regular



Noes: None

Absent: Commissioners Kramer and Uribe - 2

Approved as to

Attest

and leg ty:

President.

Secretary.

Port Attorney

Oakland iribuneLegal No. 0000053172

PORT ORDINANCE NO. 3680c/o ANG Newspapers401 13th StreetOakland, CA 94612Let- dvertising(51u, 93-2601

PORT OF OAK.530 WATER STHernandez,OAKLAND CA

PROOF OF PUBLICATIONFILE NO, 37107-C

In the matter of


2/4/02


ORDINANCE APPROVING ANDAUTHORIZING EXECUTION ANDDELIVERY OF EASEMENT DOCU-

MENTS TO CARPENTERS UNIONLOCAL 2236 AND PACIFIC GAS

AND ELECTRIC (PG&E) FOR BUILDINGENCROACHMENT, EMERGENCY

INGRESS AND EGRESS ANDSUBSURFACE UTILITIES LOCATED AT

BROADWAY STREET, OAKLAND,CALIFORNIA.


Section 1. The Board of Port Commission-ers ("Board") hereby approves and authorizesthe Executive Director to execute lor and onbehalf of the Board and deliver to CARPEN-TERS UNION LOCAL 2236 ("CarpentersUnion . ), an Encroachment Easement and anEmergency Ingress and Egress Easement, allin accordance with Agenda Sheet Item No.13S dated January 29, 2002 (the "AgendaItem"). Said agreements and easements shallcontain such terms and conditions as the Ex-ecutive Director and the Port Attorney may de-termine necessary in order to protect the inter-ests of the Port.

Section 2. The Board further hereby ap-proves and authorizes the Executive Directorto execute for and on behalf of the Board anddeliver to PACIFIC GAS AND ELECTRICCOMPANY ("PG&E"), a California corpora-tion, a Subsurface Utility Easement in accord-ance with the Agenda Item.

Section 3. This ordinance is not evidenceof and does not create or constitute (a) a con-tract or the grant of any right, entitlement orproperty interest or (b) any obligation or liabili-ty on the part of the Board or any officer oremployee of the Board. This ordinance appro-ves and authorizes the execution of saidagreement and easements in accordancewith Me terms of this ordinance. Unless anduntil a separate written agreement and ease-ments are duly executed on behalf of theBoard as authorized by this ordinance, aresigned as approved as to form and legality bythe Port Attorney and are delivered to Carpen-ters Union and PG&E, there shall be no valid

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

In Board of Port Commissioners, Oakland,California, January 29, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kiang, Kramer,Protopappas, Uribe and President Tagami -6. Noes: None. Absent: CommissionerScales - 1.




— • -

—dlifornia, 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


LEGAL DEPT./ARVAYNE M., Attn: Editha

94607


CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZING EXECUTION OFA RIGHT OF WAY AGREEMENT FOR TEMPORARY EASEMENTSWITH STATE OF CALIFORNIA, DEPARTMENT OFTRANSPORTATION.

WHEREAS the STATE OF CALIFORNIA, DEPARTMENT OFTRANSPORTATION ("Caltrans") is planning to seismically retrofit theWebster and Posey Tubes between Oakland and Alameda, which projectwill impact areas within Jack London Square as further described inBoard Agenda Sheet Item No. 12, dated January 29, 2002 (herein the

"Agenda Sheet"); now, therefore,


Section 1. The Board of Port Commissioners ("Board") herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board a Right of Way Agreement for Temporary Easementswith the STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION("Caltrans") to for temporary construction easements to facilitate theretrofit work and as more fully described in the Agenda Sheet. Saideasement shall contain such terms and conditions as the ExecutiveDirector or Port Attorney may determine necessary in order to protectthe 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 Section 15268.

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.

36981

Section 4. This ordinance shall take effect thirty (30)

days from and after its final adoption.





Ayes:

Noes:

Absent:

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

None

Commissioners Kramer and Uribe

36981

-746,5,(AL

Oakland • eibuneLegal No. 0000053168

PORT ORDINANCE NO. 3679c/o ANG Newspapers401 13th StreetOakland, CA 94612Lec ivertising(51L, .J3-2601

ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A

RIGHT OF WAY AGREEMENT FORTEMPORARY EASEMENTS WITH

STATE OF CALIFORNIA,DEPARTMENT OF

TRANSPORTATION.

WHEREAS the STATE OFCALIFORNIA, DEPARTMENT OF TRANS-PORTATION ("Caltrans") is planning toseismically retrofit the Webster and PoseyTubes between Oakland and Alameda, whichproject will impact areas within Jack LondonSquare as lurther described in Board AgendaSheet Item No, 12, dated January 29, 2002(herein the "Agenda Sheet"); now, therefore,


Section 1. The Board of Port Commission-ers ("Board') hereby approves and authorizesthe Executive Director to execute for and onbehalf of the Board a Right of Way Agree-ment for Temporary Easements with theSTATE OF CALIFORNIA, DEPARTMENTOF TRANSPORTATION ("Caltrans")to fortemporary construction easements to facili-tate the retrofit work and as more fully descri-bed in the Agenda Sheet. Said easementshall contain such terms and conditions asthe Executive Director or Port Attorney maydetermine necessary in order to protect the in-terests of the Port.

Section 2. The Board hereby finds anddetermines that this project has been deter-mined to be categorically exempt from re-quirements of the California EnvironmentalQuality Act (CEQA) and the Port CEQA Guide-lines pursuant to Section 15268.

Section 3. This ordinance is not evidenceof and does not create or constitute (a) a con-tract, or the grant of any right, entitlement orproperty interest, or (b) any obligation or liabil-ity on the part of the Board or any officer oremployee of the Board. This ordinance appro-ves and authorizes the execution of an ease-ment in accordance with the terms of this ordi-nance. Unless and until a separate writteneasement is duly executed on behalf of theBoard as authorized by this ordinance, is sign-ed and approved as to form and legality bythe Port Attorney, and is delivered to the oth-er contracting party, there shall be no valid oreffective easement.

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

In Board of Port Commissioners, Oakland,California, January 29, 2002. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kiang, Kramer,Protopappas, Uribe and President Tagami

-6. Noes: None. Absent: CommissionerScates - 1.


PORT OF OAK.530 WATER STI I ernandez,OAKLAND CA


94607

PROOF OF PUBLICATIONFILE NO. 37108-C

In the matter of



`0, adjudicated as such by the Superior Court of the State of,_atilomia, 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


2/4/02The Oakland Tribune, 53168

February 4, 2002



CITY OF OAKLAND


AN ORDINANCE AMENDING SECTIONS 5.026, 8.114,8.0636, 8.0611, 8.113 AND 8.0615 OF PORTORDINANCE NO. 867 AND ADDING SECTION 8.119 TOPORT ORDINANCE NO. 867.




8.119 1 Port Engineering Technician I 65.7

36819

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

SectionNo.

No. ofPositions Title


5.026 13 Executive Assistant 227.85

8.114 5 Port Engineering Technician II 48.1

8.0636 6 Port Engineering Technician II 48.1

8.0611 2 Port Senior Engineering Technician 54.5

8.113 1 Port Senior Engineering Technician 79.8

8.0615 Port Principal Engineering Technician 504.2

In Board of Port Commissioners, Oakland, California, January 15,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates andPresident Tagami - 6. Noes: None. Absent: Commissioner Uribe - 1.


Adopted at a Adjourned regular


meeting held January 29, 2002

Ayes:

Noes:

Absent:


None


President.

Secretary.

Legal No. 0000047841Oakland 1 tribunec/o ANG Newspapers401 13th StreetOak i -nd, CA 94612Le dvertising(510 ) 293-2601


AN ORDINANCE AMENDING SECTIONS 5.026, 8.114, 8.0636, 8.0611, 8.113 AND8.0615 OF PORT ORDINANCE NO. 867 AND ADDING SECTION 8.119 TO PORT ORDI-NANCE NO. 867.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Section 1. Section 8.119 is hereby added to Port Ordinance No. B67 to read as follows:Section No. of Title Salary or

No. Positions Schedule No.8.119 1 Port Engineering Technician I 65.7Section 2. The following sections of Port Ordinance No. 867 are hereby amended to read

as follows::Section No. of Title Salary or

No, Positions Schedule No.5.026 13 Executive Assistant 227.858.114 5 Port Engineering Technician II 48.18.0636 6 Port Engineering Technician II 4B.18.0611 2 Port Senior Engineering Technician 54.58.113 1 Port Senior Engineering Technician 79.88.0615 1 Port Principal Engineering Technician 504.2In Board of Port Commissioners, Oakland, California, January 15, 2002. Passed to print for

one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer,Protopappas, Scates and President Tagami - 6. Noes: None. Absent: Commissioner Uribe -1.

PORT OF OAK.530 WATER ST.Hernandez,OAKLAND CA

LEGAL DEPT/ARVAYNE M., Attn: Editha

94607


The Oakland Tribune, #47841January 23, 2002


In the matter of

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

JO, adjudicated as such by 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


1/23/02

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


CITY OF OAKLAND

PORT ORDINANCE NO. 3677AN ORDINANCE AMENDING PORT ORDINANCE NO.1606 TO CONFIRM THAT THE PORT OF OAKLAND ISEXEMPT FROM THE CALIFORNIA PUBLIC CONTRACTCODE.

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, the California Public Contract Code establishes amode of contracting that is well-suited to municipalities andspecial districts engaged in traditional non-revenue generatingpublic works construction; and

WHEREAS, the Port's best interests require that itestablish modes of contracting tailored to the unique characterof large, complex and competitive maritime and aviationenterprises;

WHEREAS, Section 1100.7 of the Public Contract Code is aninvalid encroachment on the home-rule authority of chartercities.

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


"SECTION 18.

This ordinance is intended to supersede all provisionsof the California Public Contract Code and, for thepurposes of Section 1100.7 of that Code, to conflict withall provisions of that Code, except solely to the extent,if any, that the provisions of that Code are binding on theCity of Oakland under the Constitution of the State of

36285

California. Notwithstanding this section, nothing shallprevent the Port from stipulating to the application of anyprovision(s) of the Public Contract Code, throughresolution or contract with respect to any particular work.In no event shall the Port's exercise of its power tostipulate to the application of any particular provision(s)of the Public Contract Code be interpreted as a waiver ofthe terms of this Section. Subject to the foregoing,unless otherwise specifically provided by Port ordinance orother applicable law, the law applicable to a Port publicworks contract, including bidding procedures for suchcontract, shall be that law that is in effect on the datethe Board by resolution approves the plans andspecifications for such contract.

In Board of Port Commissioners, Oakland, California, December 18,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Kramer, Protopappas, Scates andVice President Uribe - 6. Noes: None. Absent: President Tagami - 1.


Adopted at a regular meeting held January 15 , 2002


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

Noes:

Absent:

Scates and President Tagami - 6

None

Commissioner Uribe - 1

Attestecretary.

Approved as to f‘rm and legality :

Port Attorney

36285

Oakland ribunec/o ANG Newspapers401 13th StreetOakl a nd, CA 94612Le .dvertising(51u, 293-2601

PORT OF OAK.530 WATER ST.Hernandez,OAKLAND CA

LEGAL DEPT/ARVAYNE M., Attn: Editha

94607


In the matter of

PORT ORDINANCE NO.3677

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

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


The PUBLIC NOTICE


12/28/01


-.7q6kkuLL

Legal No. 0000038462


AN ORDINANCE AMENDING PORTORDINANCE NO. 1606 TO CONFIRMTHAT THE PORT OF OAKLAND IS EXEMPT FROM THE CALIFORNIA PUBLICCONTRACT CODE.

WHEREAS, the manner in which theBoard of Port Commissioners 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, the California Public ContractCode establishes a mode of contracting thatis well-suited to municipalities and special districts engaged in traditional non-revenue gen -erating public works construction; and

WHEREAS, the Port's best interests re-quire that it establish modes of contractingtailored to the unique character of large, corn -plex and competitive maritime and aviationenterprises;

WHEREAS, Section 1100.7 of the PublicContract Code is an invalid encroachment onthe home-rule authority of charter cities.

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

Section 1. Section 18 of Port OrdinanceNo. 1606 shall be and the same is herebyamended to read in full as follows:

"SECTION 18.This ordinance is intended to supersede

all provisions of the California Public ContractCode and, for the purposes of Section 1100.7of that Code, to conflict with all provisions ofthat Code, except solely to the extent, if any,that the provisions of that Code are bindingon the City of Oakland under the Constitutionof the State of California. Notwithstandingthis section, nothing shall prevent the Portfrom stipulating to the application of anyprovision(s) of the Public Contract Code,through resolution or contract with respect toany particular work. In no event shall thePorts exercise of its power to stipulate to theapplication of any particular provision(s) ofthe Public Contract Code be interpreted as awaiver of the terms of this Section. Subject tothe foregoing, unless otherwise specificallyprovided by Port ordinance or other applica -ble law, the law applicable to a Port publicworks contract, including bidding proceduresfor such contract, shall be that law that is in ofled on the date the Board by resolution ap -proves the plans and specifications for suchcontract.

In Board of Port Commissioners, Oakland,California, December 18, 2001. Passed toprint for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang,Kramer, Protopappas, Scates, and Vice Presi-dent Uribe - 6. Noes: None. Absent: Presi-dent Tagami - 1.




CITY OF OAKLAND


ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS INSUPPORT OF, AND AUTHORIZING THE SALE OF CERTAIN IMPROVEMENTSLOCATED IN JACK LONDON SQUARE TO A JACK LONDON SQUARE PARTNERS("JLSP") ENTITY, AUTHORIZING GROUND LEASES RELATED TO SUCHASSETS, APPROVING EXECUTION OF AN AMENDMENT TO THE AGREEMENTFOR ACQUISITION OF GROUND LEASE INTERESTS, AND AUTHORIZING ANOPERATIONS AGREEMENT, WITH RELATED DOCUMENTS.

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

Section 1. The land referred to in this Ordinance and Agenda SheetItem No. 13, dated December 18, 2001, as the "Property" is owned by theCity of Oakland, a municipal corporation by one through this Board, (the"Board") is located within the Jack London Square area of the City ofOakland, and consists of approximately 136,000 square feet of land onfour sites commonly referred to as 70 Washington, 66 Franklin Street, 427Water Street and 430 Water Street (the "Property"). The improvementslocated on the Property and referred in this Ordinance and Agenda SheetItem No. 13, dated December 18, 2001, (the "Agenda Sheet") as theImprovements (the "Improvements"), are owned by either the Port orOakland Portside Associates ("OPA"), a California limited partnershipcorporation. The Port is the general partner of OPA.


(a) That the Improvements have become unnecessary for portpurposes or harbor development; and

(b) That the Board will receive fair market value for the sale ofthe Improvements and the lease of the Property as described herein basedon the Certificate of the Director of Commercial Real Estate; and

(c) That the Consultants' Certificate presented to the Boardindicates that the independent consultants preparing such certificateestimate that the Board will be in compliance with Sections 5.04(a) and5.04(b) of the Indenture notwithstanding the sale of the Improvements andthe lease of the Property, and taking into account the expected uses ofthe proceeds of these transactions as set forth in the Certificate ofAuthorized Board Representative; and

(d) That the Board expects to use the proceeds of the sale of theImprovements and the leasing of the Property as set forth in the

Certificate of Authorized Board Representative presented to the Board;and

(e) That the proposed sale of the Improvements and leasing of theProperty comply with the provisions of Section 5.13(c) of the Port'sMaster Trust Indenture, dated as of April 1, 1989, as amended (the"Indenture"). The Board hereby directs that the proceeds of such saleshall be deposited in the Port Revenue Fund and shall be used to provideadditional revenue-producing Port Facilities (as defined in theIndenture), as set forth in the Certificate of Authorized BoardRepresentative presented to the Board, or otherwise in accordance withthe provisions of Section 5.13 of the Indenture.

Section 3. The Board hereby approves the Ground Leases and relateddocuments between the Port as Lessor and a JLSP Entity as Lessee,covering the Property for the purposes and subject to the terms andconditions of the Agenda Sheet and approved by the Executive Director,consistent with the Agenda Sheet, and approved as to form and legality bythe Port Attorney (the "Ground Leases"). The Executive Director ishereby authorized to execute the Ground Leases.

Section 4. Based upon the findings and determinations made inSection 2 hereof, the Board hereby approves and authorizes the ExecutiveDirector to execute a Purchase and Sale Agreement between the Port and aJLSP Entity for the sale of the Improvements located on 66 FranklinStreet and related documents (the "Port Purchase Agreement"), and asgeneral partner in OPA, the Board hereby authorizes the ExecutiveDirector to execute one or more Purchase and Sale Agreements(s) betweenOPA and JLSP Entity for the sale of the Improvements located at 70Washington Street, 427 Water Street and 430 Water Street and relateddocuments (the "OPA Purchase Agreements(s)") (the Port PurchaseAgreement, the OPA Purchase Agreement are collectively referred to as the"Purchase Agreement"), at a total purchase price for all of theImprovements of $17.2 million and as otherwise described in the AgendaSheet, and approved by the Executive Director, consistent with the AgendaSheet, and approved as to form and legality by the Port Attorney.

Section 5. The Board hereby approves the Amended and RestatedAgreement for Acquisition of Ground Lease Interests between the Port andJack London Square Partners, LLC with related documents (the "AmendedAcquisition Agreement") as described in the Agenda Sheet, and approved bythe Executive Director, consistent with the Agenda Sheet, and approved asto form and legality by the Port Attorney.

Section 6. The Board hereby approves the Assets ManagementAgreement between the Port and Ellis Partners, LLC or a related entitywith related documents (the "Assets Management Agreement") as describedin the Agenda Sheet, and approved by the Executive Director, consistentwith the Agenda Sheet, and approved as to form and legality by the PortAttorney.

Section 7. Based upon the information set forth in the AgendaSheet, the Board hereby finds and determines in accordance with Section9.02(e) of the Charter of the City of Oakland, that the performance ofcommon area maintenance services for the Jack London Square common areaas provided for in the above described Operations Agreements, AssetsManagement Agreement, Amended Acquisition Agreement, Purchase Agreement

36537

Commissioner Kramer - 1


Noes:

Absent:

//

lA°04°1?ALAitikhzAkm.- lity:

t rney

and Ground Leases is in the public interest because of economy and orbetter performance.

Section 8. The Board hereby finds and determines for all thereasons set forth in the Agenda Sheet, that the adoption of thisOrdinance and the items and matters approved and authorized thereby areexempt pursuant to the CEQA Guidelines Section 1506(b)(4) and 15262 andPort CEQA Guidelines Section 15301(p) from the California EnvironmentalQuality Act ("CEQA") and the State and Port CEQA Guidelines.

Section 9. The Board further finds and determines that theapprovals and authorization made pursuant to this Ordinance are inconformance with the Oakland General Plan.

Section 10. 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 liability onthe part of the Board or any officer or employee of the Board. Thisordinance does not obligate the Port or OPA to execute or deliver any ofthe agreements described herein. This ordinance approves and authorizesthe execution and delivery of said agreements in accordance with theterms of this ordinance. Unless and until separate written agreementsare duly executed on behalf of the Board as authorized by this ordinance,signed and approved as to form and legality by the Port Attorney, anddelivered to Buyer, there shall be no valid or effective agreements.


In Board of Port Commissioners, Oakland, California, December 18,2001. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang, Protopappas, Scates, Uribe andPresident Tagami - 6. Noes: Commissioner Kramer - 1. Absent: None.


Adopted at a regular meeting held January 15, 2002



36537

The eabaiand Tribunec/o ANG Newspapers401 13th Street, Oakland, CA 94612' 'gal Advertising

0) 208-6306

Legal No. 38472

ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS IN SUPPORT OF,AND AUTHORIZING THE SALE OF CERTAIN IMPROVEMENTS LOCATED IN JACKLONDON SQUARE TO A JACK LONDON SQUARE PARTNERS ("JLSP") ENTITY, AUTHOR-IZING GROUND LEASES RELATED TO SUCH ASSETS, APPROVING EXECUTION OF ANAMENDMENT TO THE AGREEMENT FOR ACQUISITION OF GROUND LEASE INTER-ESTS, AND AUTHORIZING AN OPERATIONS AGREEMENT, WITH RELATED DOCU-MENTS.

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 and Agenda Sheet Item No. 13, dated De-cember 18, 2001, as the "Property is owned by the City of Oakland, a municipal corporationby one through this Board, (the "Board") Is located within the Jack London Square area of theCity of Oakland, and consists of approximately 136,000 square feet of land on four sites com-monly referred to as 70 Washington, 66 Franklin Street, 427 Water Street and 430 Water Streetthe "Property). The improvements located on the Property and referred in this Ordinance and

Agenda Sheet Item No. 13, dated December 18, 2001, (the "Agenda Sheer) as the Improve-ments (the Improvements"), are owned by either the Port or Oakland Portside Associates("OPA"), a California limited partnership corporation. The Port is the general partner of CPA.

Section 2. The Board hereby finds and determines as follows:(a)That the Improvements have become unnecessary for port purposes or harbor develop-

ment; and(b)That the Board will receive fair market value for the sale of the Improvements and the

lease of the Property as described herein based on the Certificate of the Director of Commer-cial Real Estate; and

(c)That the Consultants' Certificate presented to the Board indicates that the independent,consultants prejeering such certificate estimate that the Board will be in compliance withSections 5.04(a and 5.04(b) of the Indenture notwithstanding the sale of the Improvementsand the lease the Property, and taking into account the expected uses of the proceeds ofthese transactions as set forth in the Certificate of Authorized Board Representative; and

(d)That the Board expects to use the proceeds of the sale of the improvements and theleasing of the Property as set forth in the Certificate of Authorized Board Representativepresented to the Board; and

(e)That the proposed sale of the Improvements and leasing of the Property comply with theprovisions of Section 5.13(c) of the Port's Master Trust Indenture, dated as of April 1, 1989, asamended (the 'Indenture"). The Board hereby directs that the proceeds of such sale shall bedeposited in the Port Revenue Fund and shall be used to provide additional revenue-renducing Port Facilities (as defined In the Indenture), as set forth in the Certificate of

rized Board Representative presented to the Board, or otherwise in accordance with the;ions of Section 5.13 of the Indenture.

.ection 3. The Board hereby approves the Ground Leases and related documentsbetween the Port as Lessor and a JLSP Entity as Lessee, covering the Property for thepurposes and subject to the terms and conditions of the Agenda Sheet and approved by theExecutive Director, consistent with the Agenda Sheet, and approved as to form and legality bythe Post Attorney (the "Ground Leases"). The Executive Director is hereby authorized toexecute the Ground Leases.

Section 4. 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 a JLSP Entity for the sale of the Improvements located on 66Franklin Street and related documents (the "Port Purchase Agreement"), and as generalpartner in OPA, the Board hereby authorizes the Executive Director to execute one or morePurchase and Sale Agreements(s) between OPA and JLSP Entity for the sale of theImprovements located at 70 Washington Street, 427 Water Street and 430 Water Street andrelated documents (the "OPA Purchase Agreements(s)") (the Port Purchase Agreement, theOPA Purchase Agreement are collectively referred to as the "Purchase Agreement), at a totalpurchase price for all of the Improvements of $17.2 million and as otherwise described In theAgenda Sheet, and approved by the Executive Director, consistent with the Agenda Sheet,and approved as to form and legality by the Port Attorney.

Section 5. The Board hereby approves the Amended and Restated Agreement forAcquisition of Ground Lease Interests between the Port and Jack London Square Partners,LLC with related documents (the "Amended Acquisition Agreement) as described in theAgenda Sheet, and approved by the Executive Director, consistent with the Agenda Sheet,and approved as to form and legality by the Port Attorney.

Section 8. The Board hereby approves the Assets Management Agreement between thePort and Ellis Partners, LLC or a related entity with related documents (the "AssetsManagement Agreement") as described in the Agenda Sheet, and approved by the ExecutiveDirector, consistent with the Agenda Sheet, and approved as to form and legality by the PortAttorney.

Section 7. Based upon the information set forth in the Agenda Sheet, the Board herebyfinds and determines in accordance with Section 9.02(e) of the Charter of the City of Oakland,that the performance of common area maintenance services for the Jack London Squarecommon area as provided for in the above described Operations Agreements, AssetsManagement Agreement, Amended Acquisition Agreement, Purchase Agreement and GroundLeases is in the public interest because of economy and or better performance.

Section 8. The Board hereby finds and determines for all the reasons set forth in theAgenda Sheet, that the adoption of this Ordinance and the items and matters approved andauthorized thereby are exempt pursuant to the CEQA Guidelines Section 1506(b)(4) and15262 and Port CEQA Guidelines Section 15301(p) from the California Environmental QualityAct ("OMA') and the State and Port CEQA Guidelines.

Section 9. The Board further finds and determines that the approvals and authorizationmade pursuant to this Ordinance are in conformance with the Oakland General Plan.

Section 10. This ordinance is not evidence of and does not create or constitute (a) acontract, agreement or the grant of any right, entitlement or property interest, or (b) anyobligation or liability on the part of the Board or any officer or employee of the Board. Thisordinance does not obligate the Port or OPA to execute or deliver any of the agreements

•ibed herein. This ordinance approves and authorizes the execution and delivery of saidments In accordance with the terms of this ordinance. Unless and until separate written

Jments are duly executed on behalf of the Board as authorized by this ordinance, signedand approved as to form and legality by the Port Attorney; and delivered to Buyer, there shallbe no valid or effective agreements,

Section.11. This ordinance shall take effect 30 days from and after Its final adoption,In Board of Port Commissioners, Oakland, California, December 18, 2001. Passed to print

■or one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Protopappas,States, Uribe and President Tagami - 6. Noes: Commissioner Kramer - 1. Absent: None.


The Oakland Tribune 38472

COPY


In the matter of



6000 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


DECEMBER 28, 2001





AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TOCREATE THE NEW POSITION OF AIRPORT GROUNDTRANSPORTATION & PARKING OPERATIONS COORDINATOR.


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

position:

SectionNo.

No. ofPositions

Salary orTitle Schedule No.

13.5 1

Airport Ground Transportation & 230.43Parking Operations Coordinator

In Board ofDecember 18, 2001. PassedAyes: Commissioners Ayers-Uribe and President Tagami

Port Commissioners, Oakland, California,to print for one day by the following vote:Johnson, Kiang, Kramer, Protopappas, Scates,- 7. Noes: None. Absent: None.


Adopted at a regular

meeting held January 15, 2002


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

Noes: None


Ayes:

Absent:

President.

AttestSecretary.

Approved as to form, ind legality:

Port Attorne-y-

Oakland 'I ibuneLegal No. 0000038491

PORT ORDINANCE NO. 3675c/o ANG Newspapers401 13th StreetOakland, CA 94612Le( dvertising(51u, <93-2601

AN ORDINANCE AMENDING PORT ORDINANCE NO. 887 TO CREATE THENEW POSITION OF AIRPORT GROUNDTRANSPORTATION & PARKING OPERATIONS COORDINATOR.

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 position:


13.5 1 Airport Ground Transportation & 230.43Parking Operations Coordinator

In Board of Port Commissioners, Oakland, California, December 18, 2001. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kiang, Kramer,Protopappas, Scates, Uribe and President Tagami - 7, Noes: None. Absent: None.




94607



In the matter of


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

)0, adjudicated as suchby the Superior Court of the State ofLalifornia, 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


12/28/01



CITY OF OAKLAND


AN ORDINANCE AMENDING PORT ORDINANCE NO. 3439 ANDESTABLISHING RATES AND CHARGES FOR ELECTRICALPOWER FOR CERTAIN PARTS OF THE PORT AREA.


Section 1. The Board of Port Commissioners ("Board") has adoptedPort Ordinances Nos. 3439, 3521, 3621 and 3651 to establish rates andcharges for certain utilities, including electrical power, provided bythe Port Department within the three portions of the Port Area, whichinclude the Metropolitan Oakland International Airport, the OaklandArmy Base (to the extent it is within the Port Area) and the remainderof the Port Area. It is the intention of the Board in adopting thisordinance to modify the rates and charges for electrical powerprovided by the Port Department to the Port Area other than theMetropolitan Oakland International Airport and the Oakland Army Base,

rates and charges for certain utilities, such as electrical power,natural gas, water and sewer services, provided by the Port Departmentin the Port Area.

Section 2. Rates and charges for electrical power atMetropolitan Oakland International Airport, as adopted by Section 2 ofPort Ordinance No. 3621, shall hereafter be referred to as adopted bySection 3 of Port Ordinance 3439. Existing Section 3 of PortOrdinance No. 3439 is hereby renumbered Section 5.

Section 3. Rates and charges for electrical power in the PortArea, except within the Metropolitan Oakland International Airport andexcept within the Oakland Army Base, as adopted by Section 2 of PortOrdinance No. 3651, shall hereafter be referred to as adopted bySection 2 of Port Ordinance No. 3439. Section 2 of Port Ordinance No.3439 is hereby amended to read as follows:

"Section 2. The following rates and charges shallapply to the Port Department's provision of electrical powerto any person or entity in the Port Area, except within theMetropolitan Oakland International Airport and except withinthe Oakland Army Base, unless a written agreement betweenthe Board and such person or entity otherwise provides:

36248

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: Port Area except within the Metropolitan OaklandInternational Airport and except within theOakland Army Base.

(3) RATE:

Charge Amount

Customer Charge(per meter per

$8.10monthly billingperiod)

Energy Charge Summer $0.22010(per kWh)

Giintor S̀ (1 iani

(4) DESCRIPTION OF SERVICE:

Single-Phase:

120/240 volts, 3-wire120/208 volts, 3-wire

Note: Summer months are May - October, winter months are November - April

PORT OF OAKLANDELECTRIC RATE SCHEDULE "B"

GENERAL SERVICE(THREE-PHASE)

(1) APPLICABILITY: This schedule is applicable to the three-phasealternating current service for customers atdelivery voltage of less than 5,000 volts.

(2) SERVICE AREA: Port Area except within the Metropolitan OaklandInternational Airport and except within theOakland Army Base.

2 36248

(3) RATE:

Charge Amount

Customer Charge(per meter per

$12.00monthly billingperiod)

Energy Charge Summer $0.22010(Per KWh)

Winter $0.14031


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-phase andthree-phase alternating current service forcustomers with a maximum demand greater than100kw and a delivery voltage of less than 5,000volts.

(2) SERVICE AREA: Port Area except within the MetropolitanOakland International Airport and except withinthe Oakland Army Base.

(3) RATE:Charge Amount

Customer Charge

$75.00per meter (permonthly billingperiod)

Demand Charge(per KW)

Summer $6.70Winter $1.65

Energy Charge Summer $0.15957(per KWh) Winter $0.11167

3 36248

(4) BASIS FOR DEMAND CHARGE:

The customer will be billed for demand according to thecustomer's "maximum demand" each monthly billing period.The number of KW used will be recorded over 15-minuteintervals; the highest 15-minute average in the month willbe the customer's maximum demand.

(5) POWER FACTOR ADJUSTMENT:

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 powerfactor is below 85 percent, the monthly bill will beincreased by 0.06 percent for each percentage point below85 percent.

(6) STANDARD SERVICE FACILITIES:

As a condition to the Port's installation of any new oradditional service facilities to provide the customer withservice, tne port may require tnat tne 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.


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


4 36248

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 service underSchedule "D" if: (1) the customer's load does not meet theSchedule "E" requirements, but, (2) the customer's maximum demand(as defined below) has exceeded 499 kilowatts for at least threeconsecutive monthly billing periods during the most recent 12monthly billing periods.

Customer accounts which fail to qualify under these requirementsmay, at the Port's election, be evaluated for transfer to serviceunder a different applicable rate schedule.

Transfer Off Schedule "D": If a customer's maximum demand hasfailed to exceed 499 kilowatts for 8 or more out of the last 12consecutive monthly billing periods and has also failed to exceed499 kilowatts for three consecutive monthly billing periods duringthat period, the Port may transfer that customer's account toservice under a different applicable rate schedule.

Assignment of New Customer: If a customer is new and the Portbelieves that the customer's maximum demand will exceed 499kilowatts, the Port will serve the customer's account underSchedule "D".

Definition of Maximum Demand: Demand will be averaged over 15-minute intervals. "Maximum Demand" will be the highest of all the15-minute averages for the monthly billing period. The customer'smaximum peak period demand will be the highest of all the 15-minute averages for the peak period during the monthly billingperiods. (See Paragraph (5) of this Schedule "D" for a definitionof "Peak-Period.")

(2) SERVICE AREA: Port Area except within the Metropolitan OaklandInternational Airport and except within the Oakland Army Base.

(3) RATES:

Service Voltage: Secondary Primary(DS) (DP)

ChargeSummer

RateWinterDemand Charge (per Winter Summer

Maximum Peak Period Demand $13.35 N.A. $11.80 N.A.Maximum Partial Peak Period

Demand $3.70 $3.65 $2.65 $2.65Maximum Demand $2.55 $2.55 $2.55 $2.55

5 36248

Charge RateEnergy Charge (per KWh): Summer Winter Summer Winter

On-Peak PeriodPart-Peak PeriodOff-Peak Period

Customer Charge(Per meter permonthly billing period)

$0.18843

N.A. $0.16473

N.A.

$0.10941

$0.11523

$0.09999

$0.10831

$0.09190

$0.09169

$0.08814

$0.08913

$175.00 $140.00


a. TYPES OF CHARGES: The amount of a customer's monthly bill forservice under Schedule "D" is the sum of the amounts of thecustomer charge, demand charge and energy charge:

- The customer charge is a flat monthly billing period fee.

- Schedule "D" has three demand charges: a maximum peakperiod charge, a maximum partial-peak period demand charge,and a maximum demand charge. The maximum peak period demandcharge per kilowatt applies to the maximum demand during themonthly billing period's peak hours, the maximum partial-peak period demand charge per kilowatt applies to themaximum demand during the monthly billing period's partialpeak hours, and the maximum demand charge per kilowattapplies to the maximum demand at any time during the monthlybilling period. 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, theenergy charge is the sum of the energy charges from thepeak, partial-peak and off-peak periods. The customer paysfor energy by the kilowatt-hour (KWh), and rates aredifferentiated according to time of day.

- The monthly billing period charge amounts may be in-creasedbased upon the power factor. (See Paragraph 6 below.)

- As shown in the rates above, which set of customer, demandand energy charge amounts is paid depends on the voltage atwhich service is taken. Service voltages are defined inParagraph (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 service voltageis less than 2,000 volts.

6 36248

b. Primary: This is the voltage class if the service voltage isgreater than 2,000 volts.

(5) DEFINITION OF TIME PERIODS:

Times of the day are defined as follows:

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 - MondayPeak: 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 rate schedule areNew Year's Day, Washington's Birthday, Memorial Day, IndependenceDay, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day.The dates will be those on which the holidays are legallyobserved.

(6) POWER FACTOR ADJUSTMENTS:

The bill will be adjusted based upon the power factor. The powerfactor is computed from the ratio of lagging reactive kilovolt-ampere-hours to the kilowatt-hours consumed in the monthly billingperiod. Power factors are rounded to the nearest whole percent.

The rate amounts in this rate schedule are based on a power factorof 85 percent or higher. If the average power factor is below 85percent, the monthly bill will be increased by 0.06 percent foreach percentage point below 85 percent.


As a condition to the Port's installation of any new or additionalservice facilities to provide the customer with service, the Portmay require that the customer first pay and/or agree to pay to thePort, by execution of a facilities charge agreement prepared bythe Port, all or portions of the cost to the Port to make theinstallation.

7 36248

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 service underSchedule "E" if the customer's maximum demand (as defined below)has exceeded 999 kilowatts for at least three consecutive monthsduring the most recent 12-month period.

Customer accounts which fail to qualify under these requirementsmay, at the Port's election, be evaluated for transfer to serviceunder a different applicable rate schedule.

Transfer Off Schedule "E": If a customer's maximum demand hasfailed to exceed 999 kilowatts for 8 or more out of the last 12consecutive monthly billing periods and has also failed to exceed999 kilowatts for three consecutive monthly billing periods duringthat period, the Port may transfer that customer's account toservice under a different applicable rate schedule.

Assignment of New Customers: If a customer is new and the Portbelieves that the customer's maximum demand will exceed 999kilowatts, Port will serve the customer's account under ScheduleE".

Definition of Maximum Demand:

Demand will be averaged over 15-minute intervals. "MaximumDemand" will be the highest of all the 15-minute averages for themonthly billing period. The customer's maximum-peak-period demandwill be the highest of all the 15-minute averages for the peakperiod during the monthly billing periods. (See Paragraph (5) fora definition of "Peak-Period.")

(2) SERVICE AREA: Port Area except within the Metropolitan OaklandInternational Airport and except within the Oakland Army Base.

(3) RATES:

Service Voltage: Secondary Primary(ES) (EP)


Summer Winter Summer Winter

Maximum Peak-Period Demand

$13.35 N.A. $11.80 N.A.

B 36248

Maximum Partial-PeakPeriod Demand

Maximum Demand

Service Voltage:

$3.70 $3.65

$2.55 $2.55

$2.65 $2.65

$2.55 $2.55

Secondary Primary(ES) (EP)

Charge RateEnergy Charge (per KWh): Summer Winter Summer WinterOn-Peak Period $0.18839 N.A. $0.16341 N.A.Part-Peak Period $0.10246 $0.10823 $0.09368 $0.10171Off-Peak Period $0.09501 $0.09480 $0.09184 $0.09266

Customer ChargePer meter (per monthlybilling period)

$385.00 $310.00


(a) TYPES OF CHARGES: The amount of a customer's monthly billfor service under Schedule "E" is the sum of the amounts ofthe customer charge, demand charge, and energy charge:

- The customer charge is a flat monthly billing period fee.

- Schedule "E" has three demand charges; a maximum peak perioddemand charge, a maximum partial-peak period demand chargeand a maximum demand charge. The maximum peak period demandcharge per kilowatt applies to the maximum demand during themonth billing period's peak hours, the maximum partial-peakperiod demand charge per kilowatt applies to the maximumdemand during the monthly billing period's partial-peak hoursand the maximum-demand charge per kilowatt applies to themaximum demand at any time during the monthly billing period.The bill will include all of these demand charges. (Timeperiods are defined in Paragraph (5).)

- Except when the Port elects to bill on an hourly basis, theenergy charge is the sum of the energy charges from the peak,partial-peak and off-peak periods. The customer pays forenergy by the kilowatt-hour (KWh), and rates aredifferentiated according to time of day.

- The monthly billing period charge amounts may be increased ordecreased based upon the power factor. (See Paragraph (6).)

As shown in the rates above, which set of customer, demandand energy charge amounts is paid depends on the voltage atwhich service is taken. Service voltages are defined inParagraph (4) below.

9 36248

(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 service voltageis less than 2,000 volts

b. Primary: This is the voltage class if the service voltage isgreater than 2,000volts.

(5) DEFINITION OF TIME PERIODS:

Peak:

12:00 noon to 6:00 PM-Monday to Friday (exceptholidays)

Partial-Peak: 8:30 AM to 12 Noon and 6:00 PM to 9:30 PM-Mondaythrough 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, MemorialDay, Independence Day, Labor Day, Veteran's Day,Thanksgiving Day and Christmas Day. The dates willbe those on which the holidays are legallyobserved.

(6) POWER FACTOR ADJUSTMENTS:

The bill will be adjusted based upon the power factor. The powerfactor is computed from the ratio of lagging reactive kilovolt-ampere-hours to the kilowatt-hours consumed in the monthly billingperiod. Power factors are rounded to the nearest whole percent.

The rates in this rate schedule are based on a power factor of 85percent or higher. If the average power factor is below 85percent, the monthly bill will be increased by 0.06 percent foreach percentage point below 85 percent.


As a condition to the Port's installation of any new or additionalservice facilities to provide the customer with service, the Portmay require that the customer first pay and/or agree to pay to thePort, by execution of a facilities charge agreement prepared bythe Port, all or portions of the cost to the Port to make theinstallation."

10 36248

Section 4. Rates and charges for electrical power, natural gas,water and sewer services at the Oakland Army Base, as adopted bySection 3 of Port Ordinance No. 3651, shall hereinafter be referred toas adopted by Section 4 of Port Ordinance No. 3439

Section 5. This ordinance shall be effective the first day ofthe first full calendar month after this ordinance is adopted.

In Board of Port Commissioners, Oakland, California, December 18,2001. 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.


Adopted at a regular meeting held January


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

Kramer,

Noes: None

Absent: Commissioner Uribe - 1

15, 2002

Protopappas,

President.

Attest'Secretary.

Approved as to form and legality :

Port Attorney/'

11 36248


CITY OF OAKLAND


ORDINANCE APPROVING AND AUTHORIZINGEXECUTION OF LEASE AGREEMENT WITHBURLINGTON NORTHERN SANTA FE RAILWAYCOMPANY.


Section 1. The Board of Port Commissioners ("Board") herebyapproves a Lease Agreement between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, as Lessor, and BURLINGTONNORTHERN SANTA FE RAILWAY COMPANY, a Delaware corporation ("BNSF"), astenant, for premises consisting of approximately 85 acres of the JointIntermodal Terminal ("JIT") rail facilities located immediately north ofthe Berths 55-59 container terminal facilities in the Oakland InnerHarbor and west of, providing for the Port to pay a total maximum of$6.0 million for improvements to the Union Pacific Railroad Companylead-track which provides rail access to the premises, and for certainother modifications to the JIT premises, the premises to be operated byBNSF as a railroad intermodal container transfer terminal and dtherpurposes incidental and reasonably related thereto for a term of IUyears, at a compensation payable by BNSF to the Port for each contractyear of $25 per container movement for the first 75,000 containers and$10 per container movement for any container movements in excess of75,000 (the container movement amounts* applying separately to BNSF andto each other railroad using the premises) with a minimum annualguaranteed compensation to the Port of $500,000 for each contractyear), and otherwise upon the terms and conditions set forth in BoardAgenda Sheet Item No. 21 dated December 4, 2001, and such standard termsand conditions as specified in the Lease and approved by the ExecutiveDirector.

Section 2. The Executive Director is hereby authorized toexecute and the Secretary to attest said Lease 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 Lease Agreementin accordance with the terms of this ordinance. Unless and until aseparate written Lease Agreement is duly executed on behalf of the Board

36269


as authorized by this ordinance, is signed as approved as to form andlegality by the Port Attorney, and is delivered to BNSF, there shall beno valid or effective Agreement.


In Board of Port Commissioners, Oakland, California,December 18, 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 January 15, 2 0 02


Ayes:

Noes:

Absent:

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

None

Approved as to form , nd legali :

Port Attorney

36269

Oakland r tibuneLegal No. 0000038495



In the matter of




The PUBLIC NOTICE


12/28/01


-1/41,AAL

c/o ANG Newspapers401 13th StreetOak l and, CA 94612Lc kivertising(51u, 293-2601



94607

ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF LEASEAGREEMENT WITH BURLINGTONNORTHERN SANTA FE RAILWAYCOMPANY.

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

Section 1. The Board of Port Commission-ers ("Board") hereby approves a Lease Agree-ment between the CITY OF OAKLAND, a mu•nicipal corporation, acting by and through theBoard, as Lessor, and BURLINGTONNORTHERN SANTA FE RAILWAY COMPA-NY, a Delaware corporation ("BNSF"), as ten-ant, for premises consisting of approximately85 acres of the Joint Intermodal Terminal("JIT") rail facilities located immediately northof the Berths 55-59 container terminal facili-ties in the Oakland Inner Harbor and west of,providing for the Port to pay a total maximumof $6.0 million for improvements to the UnionPacific Railroad Company lead-track whichprovides rail access to the premises, and forcertain other modifications to the JIT prem -ises, the premises to be operated by BNSFas a railroad intermodal container transfer ter-minal and other purposes incidental and rea -sonably related thereto for a term of 10 years,at a compensation payable by BNSF to thePort for each contract year of $25 per contain -er movement for the first 75,000 containersand $10 per container movement tor any con -tainer movements in excess of 75,000 (thecontainer movement amounts applying sepa -rately to BNSF and to each other railroad us-ing the premises) with a minimum annualguaranteed compensation to the Port of$500,000 for each contract year), and other-wise upon the terms and conditions set forthin Board Agenda Sheet Item No. 21 dated De-cember 4, 2001, and such standard termsand conditions as specified in the Lease andapproved by the Executive Director.

Section 2. The Executive Director is here-by authorized to execute and the Secretary toattest said Lease Agreement.

Section 3. This ordinance is not evidenceof and does not create or constitute (a) a con -tract, Lease or the grant of any right, entitle-ment or property interest, or (b) any oblige -tion or liability on the part of the Board or anyofficer or employee of the Board. This ordi -nance approves and authorizes the executionof said Lease Agreement in accordance withthe terms of this ordinance. Unless and untila separate written Lease Agreement is dulyexecuted on behalf of the Board as author-ized by this ordinance, is signed as approvedas to form and legality by the Port Attorney,and is delivered to BNSF, there shall be novalid or effective Agreement.

Section 4. This ordinance shall take effectthirty (30) days from and after its finaladoption.

In Board of Port Commissioners, Oakland,California, December 18, 2001. Passed toprint lor one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang,Kramer, Protopappas, Scates, Uribe and Presdent Tagami - 7. Noes: None. Absent:

Christopher C. MarshallNone.

Secretary of the Board



CITY OF OAKLAND


AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF A PURCHASE AND SALE AGREEMENT WITH CALIFORNIADEPARTMENT OF TRANSPORTATION ("CALTRANS") FOR THEPORT OF OAKLAND'S PURCHASE OF APPROXIMATELY37,000 SQUARE FEET OF EXCESS CALTRANS PROPERTY.


Section 1. The land referred to in this ordinance as the"Property" is owned by the California Department of Transportation("CalTrans"), is located adjacent to Port owned property located onHegenberger Road near Highway 880 in the City of Oakland, and consistsof approximately 37,000 square feet of excess CalTrans property.

Section 2. The Board hereby approves and authorizes the ExecutiveDirector to execute a Purchase and Sale Agreement between the Port aspurchaser and Caltrans as Seller (the "Agreement") for the purchaseand sale of the Property at a purchase price of $666,180.00, and asotherwise described in Agenda Sheet Item No. 14, dated December 18,2001.

Section 3. The Executive Director is authorized to execute andaccept a Grant Deed accepting conveyance of the Property from CalTransand such other documents as shall be required to carry out the intentof this ordinance, provided that such documents are approved as toform and legality by the Port Attorney.

Section 4. The Board hereby finds and determines that theproposed purchase of the Property, is exempt from the provisions ofthe California Environmental Quality Act ("CEQA") pursuant to CEQAGuidelines.

Section 5. 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 CalTrans. This ordinance approves andauthorizes the execution of the Agreement in accordance with the termsof this ordinance and acceptance of a Grant Deed. Unless and until aseparate written Agreement is duly executed on behalf of the Board as

36527

AttestSecretary.

authulized by this ordinance, is signed and approved as to form andlegality by the Port Attorney, and is delivered to CalTrans, thereshall be no valid or effective Agreement.


In Board of Port Commissioners, Oakland, California, December 18,2001. 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.


Adopted at a regular meeting held January 15, 2002


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

Scates and President Tagami - 6

Noes: None

Absent: Commissioner Uribe - 1

President.I

Oakland itibunec/o ANG Newspapers401 13th StreetOP ''nd, CA 94612L€ advertising(51u) 293-2601

PORT OF OAK. LEGAL DEPT530 WATER ST./ARVAYNE M., Attn: EdithaHernandez,OAKLAND CA 94607


In the matter of

POR ORDINANCE NO. 3672

The undersigned deposes that he/she is the Public NoticeAdvertising Clerk of the OAKLAND TRIBUNE, a newspaper')1* general circulation as defined by Government Code Section,000, adjudicated as suchby the Superior Court of the State of


The PUBLIC NOTICE


12/28/01


-H61,5,(ALAdvertising Clerk

Legal No. 0000038507


AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF APURCHASE AND SALE AGREEMENTWITH CALIFORNIA DEPARTMENT OFTRANSPORTATION ("CALTRANS") FORTHE PORT OF OAKLAND'S PURCHASEOF APPROXIMATELY 37,000 SQUAREFEET OF EXCESS CALTRANSPROPERTY.

BE IT ORDAINED by the Board of PortCommissioners ("Board') of the City ofOakland as follows:

Section 1. The land referred to in this ordi,nance as the "Property' is owned by the Cali-fornia Department of Transportation("CalTrans"), is located adjacent to Portowned property located on HegenbergerRoad near Highway 880 in the City ofOakland, and consists of approximately37,000 square feet of excess CalTransproperty.

Section 2. The Board hereby approvesand authorizes the Executive Director to exe-cute a Purchase and Sale Agreement be-tween the Port as purchaser and Caltrans asSeller (the "Agreement") for the purchase andsale of the Property at a purchase price of$666,180.00, and as otherwise described inAgenda Sheet hem No. 14, dated December18, 2001.

Section 3. The Executive Director is au-thorized to execute and accept a Grant Deedaccepting conveyance of the Property fromCalTrans and such other documents as shallbe required to carry out the intent of this ordi -nance, provided that such documents are ap -proved as to form and legality by the PortAttorney.

Section 4. The Board hereby finds anddetermines that the proposed purchase ofthe Property, is exempt from the provisions ofthe California Environmental Quality Act("CEQA") pursuant to CEQA Guidelines.

Section 5. This ordinance is not evidenceof and does not create or constitute (a) a con -tract, agreement or the grant of any right, entitlement or property interest, or (b) any oblige -tion or liability on the part of the Board or anyofficer or employee of the Board. This ordi -nance does not obligate the Port to executeor deliver the Agreement or the Grant Deedto CalTrans. This ordinance approves and authorizes the execution of the Agreement in ac-cordance with the terms of this ordinanceand acceptance of a Grant Deed. Unless anduntil a separate written Agreement is duly executed on behalf of the Board as authorizedby this ordinance, is signed and approved asto form and legality by the Port Attorney, andis delivered to CalTrans, there shall be no val-id or effective Agreement.

Section 6. This ordinance shall take effect30 days from and after its final adoption.

In Board of Port Commissioners, Oakland,California, December 18, 2001. Passed toprint for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kiang,Kramer, Protopappas, Scates, Uribe and President Tagami - 7. Noes: None. Absent:None.



Documents

PORT ORDINANCE NO. 3729 · 3729 an ordinance authorizing the fee simple transfer of port owned land located on christenson road in eastern alameda county to the california department