Download - BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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Page 1: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3780

AN ORDINANCE AMENDING SECTION 2 OF PORT ORDINANCENO. 1606 TO PROVIDE FOR PURCHASING - PROCUREMENTCARD PROGRAM.

WHEREAS, by Resolution No. 97193 dated June 17, 1997, the Boardof Port Commissioners ("Board") authorized the implementation of aprocurement card test project; and

WHEREAS, by Port Ordinance No. 3742 dated April 15, 2003, theBoard authorized extending the Program continuing through December 31,2003; and

WHEREAS, it is in the best interest of the Port to establish theProgram as a permanent program of the Port as more fully described inBoard Agenda Report Item No. 0-7 dated December 2, 2003, because ofprocurement and payment efficiencies attainable through theimplementation of the program, subject to implementation of controlsto assure appropriate usage in accordance with program objectives;now, therefore

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

Section 1. Section 2 of Port Ordinance No. 1606 shall be and thesame is hereby amended to read in full as follows:

"SECTION 2. AUTHORITY OF EXECUTIVE DIRECTOR.

Subject to the availability of funds and the conditions andprocedures set forth in this ordinance, the Executive Director ishereby authorized to bind the Port, by written contract orpurchase order involving an expenditure not exceeding the bidlimit established by the City Council in any one transaction,without advertising or previous specific action by the Board, forthe purchase of supplies or payment for services, or a combinationthereof, to be furnished to the Port.

46754

Page 2: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

The Executive Director is further authorized to implement aprocurement and payment program, with or without prior use ofpurchase orders or contracts utilizing procurement cards issued bya financial institution with whom the Port maintains bankingrelationships, subject to control procedures approved by the ChiefFinancial Officer, provided that for any such procurement madewithout contract or purchase order the purchase within the bidlimits established by the City Council."

In Board of Port Commissioners, Oakland, California,December 2, 2003. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer,Scates and President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 16, 2003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer and President Protopappas - 5

None

Port ttorney

Ayes:

Noes:

Absent:

46754

Page 3: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000311550

PORT ORDINANCE NO. 3780

AN ORDINANCE AMENDING SECTION2 OF PORT ORDINANCE NO. 1606 TO

PROVIDE FOR PURCHASING -PROCUREMENT CARD PROGRAM.

WHEREAS, by Resolution No. 97193 dated June 17, 1997, the Board of Port Commissioners ("Board") authorized the implementaLion of a procurement card test project; and

WHEREAS, by Port Ordinance No. 3742dated April 15, 2003, the Board authorized extending the Program continuing through December 31, 2003; and

WHEREAS, it is in the best interest of thePort to establish the Program as a permanentprogram of the Port as more fully describedin Board Agenda Report Item No. 0-7 datedDecember 2, 2003, because of procurementand payment efficiencies attainable throughthe implementation of the program, subject toimplementation of controls to assure appropriate usage in accordance with program objectives; now, therefore

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

Section 1. Section 2 of Port OrdinanceNo. 1606 shall be and the same is herebyamended to read in full as follows:

"SECTION 2. AUTHORITY OFEXECUTIVE DIRECTOR.

Subject to the availability of funds and theconditions and procedures set forth in this ordinance, the Executive Director is hereby authorized to bind the Port, by written contractor purchase order involving an expenditurenot exceeding the bid limit established by theCity Council in any one transaction, withoutadvertising or previous specific action by theBoard, for the purchase of supplies or payment for services, or a combination thereof,to be furnished to the Port.

The Executive Director is further authorized to implement a procurement and payment program, with or without prior use ofpurchase orders or contracts utilizing procurement cards issued by a financial institutionwith whom the Port maintains banking relationships, subject to control procedures approved by the Chiel Financial Officer, provided that for any such procurement made withnut nnntrent nr nurnhese nreler the niirrheceW1111111 q IU UIU 11111115 USIdUlISIICU Uy the t.aityCouncil."

In Board of Port Commissioners, Oakland,California, December 2, 2003. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzolf,Kiang, Kramer, Scates and PresidentProtopappas - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #311550December 10, 2003

Oakland Tribunec/o ANG Newspapers401 13th StreetOakland, CA 94612Lec dvertising(80L, .J5-9595 opt.4

PORT OF OAKLAND530 WATER STREET„OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3780

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

-lace that The Oakland Tribune is a news p aper of generalelation as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

12/10/03

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

Public Notice Advertising Clerk

Page 4: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3779

AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833RELATING TO SECURITY OF MARITIME FACILITIES.

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

Section 1. A new Item 02220 is hereby added to Section IIof Port Ordinance No. 2833 which shall read as follows:

SECURITY OF MARITIME FACILITIES

(a) Purposes

Th. 1-1-1;0 Ttcm Mn n000n arc toA-

provide forfor efficient, coordinated and effective action inorder to reduce the risk and to mitigate the results of anact that threatens the security of personnel, the Port'sfacilities, private property and the public, to comply withrequirements mandated by the Federal MaritimeTransportation Security Act of 2002 ("MTSA") and thefederal regulations implementing the MTSA ("MTSARegulations") and to set forth the respective rights andobligations as between the Port and Port assignees,tenants, permittees, contractors and operators on Portfacilities (collectively "Operators", each an "Operator")with respect to the MTSA and the MTSA Regulations.

(b) Port Facility Security Plan

The Executive Director is hereby authorized anddirected to cause to be prepared and to approve a PortFacility Security Plan in accordance with this Item No.02220 covering all Port of Oakland facilities for which afacility security plan is required by the MTSA and the MTSARegulations and for which an Operator Facility SecurityPlan is not prepared by an Operator and approved by theappropriate Federal agency designated in the MTSA and theMTSA Regulations ("USA"). The Port Facilities SecurityPlan shall comply with the requirements of applicable law,including but not limited to the MTSA, the MTSA Regulationsand this Item No. 02220.

46460

Page 5: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

(c) Designation of Port Facility Security Officer

The Executive Director is hereby authorized anddirected to designate a person as Port Facility SecurityOfficer ("PFSO") on behalf of the Port. The designatedPFSO shall be qualified as, and shall have the duties of, afacility security officer under the MTSA and the MTSAregulations with respect to those maritime terminalfacilities for which the Port, instead of an Operator,prepares a facility security plan. The PFSO shall also beresponsible on behalf of the Port for coordinating andmaintaining communications with Operators and the USAregarding the interests of the Port in the security of allPort facilities without relieving third parties, includingPort Operators or other persons of their responsibilitiesunder any facility security plan, the MTSA, the MTSARegulations, this Tariff or any other law, regulation orany contract. The Executive Director's designation of aPFSO also shall not relieve any owner or Operator of anyPort facility from any requirement for that owner orOperator to designate a qualified person to perform theduties of facility security officer under the MTSA or theMTSA Regulations. The PFSO shall be responsible for:preparing, in accordance with the MTSA and the MTSARegulations, a Port Facility Security Assessment forinclusion in une rort raciliLy becuricy rIon ono a rorcFacility Security Plan, for all Port facilities for whichan Operator Facility Security Plan is not prepared andapproved by the USA which the PFSO shall submit to theExecutive Director for approval; submitting the PortSecurity Plan to the USA for approval after approval of thePort Security Facility Plan by the Executive Director;implementing the Port Security Plan; periodically auditingand updating the Port Security Facility Assessment and thePort Facility Security Plan as required by the MTSA and theMTSA Regulations; assuring that adequate training isprovided to Port personnel responsible for Port facilities;ensuring that Port facilities are operated in accordancewith the applicable provisions of the Port FacilitySecurity Plan and the provisions of the MTSA and the MTSARegulations; coordinating and communicating with Operatorswith respect to Operator Facility Security Plans inaccordance with this Item No 02220; and such other relatedPort facility security matters as the Executive Directormay assign the PFSO from time to time.

(d) Operator Facility Security Plans

(1) Subject to an exemption made in accordancewith the immediately succeeding Paragraph (d)(1)(i) below,every Operator of a facility on Port-owned or controlledland for which a facility security plan or an amendedfacility security plan is required by the MTSA or the MTSA

46460Page 2

Page 6: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Regulations, shall prepare and have approved by the USA inaccordance with the MTSA and the MTSA Regulations, anOperator Facility Security Plan, or an amended facilitysecurity plan, respectively, for the facility.

(i) Upon a written request by anOperator, the PFSO may exempt an Operator from therequirement to prepare an Operator Facility Security Planif the PFSO reasonably determines in writing that exemptionis appropriate in consideration of the nature and characterof the Operator's activities or Port facilities and otherreasonable factors. The PFSO may grant an exemptionsubject to such reasonable written terms and conditions asthe PFSO determines are appropriate.

(ii) Subject to any applicable exemptionmade in accordance with the immediately preceding paragraph(d)(1)(i), each person who is an Operator of a Portfacility as of the effective date of this Item No. 02220shall submit its Operator Facility Security Plan to the USAby December 31, 2003, or such later date as may be approvedin writing by the PFSO.

(iii) Subject to any applicable exemptionmade in accordance with paragraph (d)(1)(i) above, noperson may become an Operator of any Port facility afterDecember 29, 2003, unless the Operator shall have compliedwith the applicable provisions of this Item No. 02220, theMTSA and the MTSA Regulations regarding a Facility SecurityPlan for the Port facility.

(2) Each Operator shall provide to the PFSO:

(i) Written notice of the Operator'ssubmission to the USA of any Operator Facility SecurityPlan, and any amendment to any Operator Facility SecurityPlan, relating to any Port facility, contemporaneously withthe Operator's submission to the USA. The Operator'swritten notice to the Port may be a copy of the Operator'swritten document transmitting the Operator FacilitySecurity Plan, or amendment, to the USA, but the Operatoris not required to include the Operator Facility SecurityPlan, or amendment, except as provided in Paragraph (d)(3)below.

(ii) A copy of all other writtencommunications between the Operator (including any personacting on behalf of the Operator) and the USA, regardingany Operator Facility Security Plan, any amendment to anyOperator Facility Security Plan, any approval ordisapproval by the USA of any Operator Facility SecurityPlan or amendment thereto, any report of a breach ofsecurity or security incidents, and any notice by the USAof a violation or suspected violation of the MTSA or the

46460Page 3

Page 7: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

MTSA Regulations, relating to any Port facility. The copyof each written communication shall be provided to the Porteither contemporaneously with the transmission of thewritten communication to the USA or the Operator, orpromptly after the Operator sends or receives the writtencommunication. To the extent the written communicationinvolves sensitive security information that must beprotected in accordance with 49 Code of Federal RegulationsPart 1520, the Operator may delete that information fromthe copy provided to the Port, but the Operator shallprovide to the Port all other information in thecommunication.

(3) Subject to the immediately succeedingsentence, an Operator may not include in any OperatorFacility Security Plan, or amendment thereto, any provisionwhich is inconsistent with this Tariff or with theOperator's agreement with the Port for the Operator's useor occupancy of a Port facility, or which represents thatthe Port will be responsible for any matter with respect tothe Operator Facility Security Plan, or amendment thereto,unless the Port in the Operator's agreement with the Portor in this Tariff has expressly assumed responsibility forsuch matter. If the Operator believes that the MTSA, theMTSA Regulations, or other statute or regulation byoperation of law conflicts with and supersedes certain

E11VV_I_LV110 V 1 1-..1.1G ,,p,LcaL., 0 Ca1GGMG.1.11... W11.I1 I-11G .CV1l. V1 Vl

require that the Operator Facilityamendment thereto, include provisions

which are inconsistent with the Operator's agreement withthe Port or with this Tariff, or impose responsibility onthe Port for any matter with respect to the OperatorFacility Security Plan, or amendment thereto,notwithstanding that the Port does not expressly assumesuch responsibility in the Operator's agreement with thePort or in this Tariff, then, before the Operator facilitySecurity Plan, or amendment thereto, is submitted to theUSA, the Operator shall:

(i) Give written notice to the PFSO whichidentifies in detail each conflict the Operator believesexist and each matter for which the Operator believes thePort is required to assume responsibility, the provisionsof the MTSA Regulations, or other statute or regulation,and the provisions of the Operator's agreement with thePort or this Tariff which the Operator believes are inconflict or require the Port to assume responsibility andwhy the Operator believes the claimed conflict or Portresponsibility requires the Operator Facility Plan, oramendment thereto, to include provisions that areinconsistent with the Operator's agreement with the Port orthis Tariff or provide that the Port has responsibility;and

this Tariff, andSecurity Plan, or

46460Page 4

Page 8: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

(ii) Meet and confer with the PFSO todiscuss the matter and seek to develop a resolutionmutually acceptable to the Operator and the Port. If amutually acceptable resolution is not reached, then theOperator may submit the Operator Facility Security Plan, oramendment thereto, to the USA for approval, with theprovisions therein which are inconsistent with theOperator's agreement with the Port or this Tariff, or whichprovide for Port responsibility, without prejudice to anyPort rights with respect to the Operator submitting anOperator Facility Security Plan, or amendment thereto,which is inconsistent with the Operator's agreement withthe Port or this Tariff, or which provides for Portresponsibility, and the Operator shall, at the same time itsubmits its Operator Facility Security Plan, or amendmentthereto, to the USA, submit to the Port a copy of thoseportions of the Plan or amendment which conflict with theOperator's agreement with the Port or this Tariff or whichprovide that the Port is responsible for a matter.

(4) Each Operator shall comply with allprovisions of the MTSA, the MTSA Regulations, this Tariff,the Port Facility Security Plan approved by the USA (to theextent the Operator has been provided the Port FacilitySecurity Plan or notice of the applicable compliancerequirement(s) in the Plan) and, sub-lect to 'paragraph

anu .11.3111)) clIJUVC, upciaLui b rctuiiiLySecurity Plan, which apply to any Port facility occupied orused by the Operator.

(e) Compliance With Facility Security Plans

Each person entering upon or using any Portfacility shall comply with the Port Facility Security Planand any Operator Facility Security Plan that applies to thefacility (to the extent such person has been provided suchplans or notice of the applicable compliance requirement(s)in such plans).

(f) Indemnification

Each Operator who operates at a Port facility forwhich the Operator has obtained from the USA approval of anOperator Facility Security Plan shall be fully responsiblefor all compliance with the MTSA and the MTSA Regulationswith respect to the Port facility and shall indemnify andhold the Port harmless from and against claim, costs,losses and liabilities, including attorney's fees and costsof defense, arising out of any violation of the MTSA or theMTSA Regulations, arising out of the Operator's failure tocomply with its Operator Facility Security Plan. EachOperator and other person entering upon or using any Portfacility shall indemnify and hold the Port harmless fromand against all claims, costs, losses and liabilities,

46460Page 5

Page 9: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Noes:

Absent:Commissioners Kiang and Scates -

None

Attes

including attorney's fees and costs of defense, arising outof, respectively, the Operator's or such other person'sfailure to comply with this Item No. 02220. In the eventof any inconsistency between this Paragraph (f) and anagreement between the Port and an Operator, the agreementshall prevail.

Section 2. This ordinance shall take effect upon its finaladoption.

In Board of Port Commissioners, Oakland, California,December 2, 2003. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer,Scates and President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 16, 2003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer and President Protopappas - 5Ayes:

Port Attorney

46460Page 6

Page 10: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3778

AN ORDINANCE AMENDING PORT ORDINANCE NO. 3634RELATING TO DEPLANING PASSENGERS AT INTERNATIONALARRIVALS FACILITY AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT.

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

Section 1. Section 10.3 of Port Ordinance No. 3634 is herebyamended to read in full as follows:

"Section 10.3. All Airline Operators, including but notlimited to those engaged in the regularly scheduled, nonscheduled,charter and supplemental carriage of passengers and the UnitedStates Government, or any department or agency thereof, shall payto the Port for the use of international passenger handlingfacilities at the Airport a sum equal to $10.00 per passengerdeplaning at the Airport from flights inbound from foreignairports of origination and utilizing said international passengerhandling facilities, and (ii) effective April 1, 2001, for the useof the international in-transit lounge at the Airport, a sum equalto $5.00 per through passenger on any flight inbound from anyforeign airport of origination and utilizing the Airport's saidin-transit lounge."

Section 2. The Board hereby finds and determines that this ratechange is statutorily exempt from California Environmental Quality Act("CEQA") under Article 18 and Section 15273 of the CEQA Guidelines, asdescribed in Agenda Report Item No. A-1, dated December 2, 2003.

46705

Page 11: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 3. Section 1 of this ordinance shall be effectiveJanuary 1, 2004.

In Board of Port Commissioners, Oakland, California, December 2,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer, Scatesand President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 16, 2003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff,

Ayes: Kramer and President Protopappas - 5

Noes: None

Absent: Commissioners Kiang and Scates -

46705

Page 12: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3777

AN ORDINANCE AMENDING PORT ORDINANCE NO. 2833INCREASING TARIFF NO. 2-A RATES FOR DOCKAGE, WHARFAGE,WHARF STORAGE AND WHARF DEMURRAGE AND MAKING OTHERMODIFICATIONS THERETO.

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

Section 1. Item No. 01105 of Port Ordinance No. 2833, asamended, is hereby deleted.

Section 2. Item No. 04130 of Port Ordinance No. 2833, asamended, is hereby amended to read as follows:

FULL DOCKAGE RATES ON VESSELS ENGAGED IN ALL TRADES

04130

LENGTH OF VESSEL-OVERALL IN METERS

RATE FORFIRST 24

HOUR PERIODOR PART

THEREOF (1)

LENGTH OF VESSEL-OVERALL IN METERS

RATE FORFIRST 24

HOUR PERIODOR PART

THEREOF (1)OVER NOT OVER OVER NOT OVER

03045607590105120135150165180195

3045607590105120135150165180195210

$ 80.00$ 116.00$ 161.00$ 226.00$ 334.00$ 526.00$ 753.00$ 1,019.00$ 1,323.00$ 1,665.00$ 2,046.00$ 2,468.00$ 2,924.00

210225240255270285300315330345360375390

225240255270285300315330345360375390

$3,420.003,954.004,528.005,140.005,788.006,475.007,202.007,966.008,769.009,610.0010,487.0011,407.00

(2)(1)

(2)

Charges beyond the first 24 hours shall be assessed in whole six-hourincrements at twenty-five percent (25%) of the full rate for eachsubsequent six-hbur period.

The rate for vessels over 390 meters in overall length shall be $32.00for the first 24 hour period or part thereof, subject to (1) above, foreach meter of overall length or fraction thereof in excess of 390meters in addition to the above charge of $11,407.00

Section 3. Item No. 06200 of Port Ordinance No. 2833, asamended, is hereby amended as follows:

(a) The per TEU dollar amount for Rate Base A is changed to$79.00.

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Page 13: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

(b) The' Per Container Rates are modified to read as follows:

PER CONTAINER RATE $79.00

$95.00 $158.00

$178.00

(c) The dollar amount in Note 1 of Harmonized Chapter Code (44)is changed to $129.00; and

(d) Note 1 of Harmonized Chapter Code (72) is amended to readas follows:

Note 1: OCP Rate: $69.00 PER TEU or:

0 - 7M

$ 69.007 - 9M

$ 83.009 - 13M

$138.00Over 13M

$155.00

(e) The dollar amount in Harmonized Chapter Code (98) ischanged to $129.00.

Section 4. Item No. 06400 of Port Ordinance No. 2833, asamended, is hereby amended to read as follows:

CARGO NOT OTHERWISE SPECIFIED: $133.00 PER TEU or:

CONTAINER LENGTHIN METERS

0 - 7M(20 - Ft.)

7 - 9M(24 - Ft.)

9 - 13M(40 - Ft.)

Over 13M(45 - Ft.)

,__ ________RATE

TariffItem No.

CARGO, N.O.S.: Containerized (includes vessel stores andsupplies as well as containerized loads of mixedcommodities)

06400

Section 5. Item No. 06900 of Port Ordinance No. 2833, asamended, is hereby amended to change the amount per container to $69.00.

Section 6. Item No. 06902 of Port Ordinance No. 2833, asamended, is hereby amended to read as follows:

HarmonizedChapter Code COMMODITIES

TariffItem No.

(87) Commercial vehicles: Wheeled or tracked, includingchassis, freight trailers, lift-trucks, agricultural,earth moving, or road making equipment

06902

$116.00 Per TEU; or:

Container Size

0 - 7M $116.007 - 9M $139.009 - 13M $232.00Over 13M $261.00

46448Page 2 of 9

Page 14: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 7. Item Nos. 06903, 06904 and 06905 of Port OrdinanceNo. 2833, as amended, are hereby amended to read as follows:

HarmonizedChapter Code COMMODITIES

TariffItem No.

(87) Vans, containers; empty, as described in Item 01145

Overall Length, in Meters

0 to 7 $ 9.00 per container 069037 to 9 $16.00 per container 06904Over 9 $20.00 per container 06905

Section 8. The "Rate" in Item No. 07010 of Port Ordinance No.2833, as amended, is hereby amended to read "289."

Section 9. The "Rate" in Item No. 07012 of Port Ordinance No.2833, as amended, is hereby amended to read "168."

Section 10. The "Rate" in Item No. 07014 of Port Ordinance No.2833, as amended, is hereby amended to read "515."

Section 11. The "Rate" in Item No. 07070 of Port Ordinance No.2833, as amended, is hereby amended to read "200."

Section 12. The "Rate" in Item No. 07090 of Port Ordinance No.2833, as amended, is hereby amended to read "546."

Section 13. The "Rate" in Item No. 070110 of Port Ordinance No.2833, as amended, is hereby amended to read "200."

Section 14. The "Rate" in Item No. 07120 of Port Ordinance No.2833, as amended, is hereby amended to read "200."

Section 15. The "Rate" in Item No. 07220 of Port Ordinance No.2833, as amended, is hereby amended to read "26."

Section 16. The "Rate" in Item No. 07230 of Port Ordinance No.2833, as amended, is hereby amended to read "200."

Section 17. The "Rate" in Item No. 07270 of Port Ordinance No.2833, as amended, is hereby amended to read "71."

Section 18. The "Rate" in Item No. 07272 of Port Ordinance No.2833, as amended, is hereby amended to read "130."

Section 19. The "Rate" in Item No. 07274 of Port Ordinance No.2833, as amended, is hereby amended to read "113."

Section 20. The "Rate" in Item No. 07440 of Port Ordinance No.2833, as amended, is hereby amended to read "935."

Section 21. The "Rate" in Item No. 07442 of Port Ordinance No.2833, as amended, is hereby amended to read "782."

Section 22. The "Rate" in Item No. 07444 of Port Ordinance No.2833, as amended, is hereby amended to read "404."

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Page 15: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 23. The "Rate" in Item No. 07445 of Port Ordinance No.2833, as amended, is hereby amended to read "273."

Section 24. The "Rate" in Item No. 07446 of Port Ordinance No.2833, as amended, is hereby amended to read "38."

Section 25. The "Rate" in Item No. 07448 of Port Ordinance No.2833, as amended, is hereby amended to read "546."

Section 26. The "Rate" in Item No. 07480 of Port Ordinance No.2833, as amended, is hereby amended to read "546."

Section 27. The "Rate" in Item Nos. 07720 and 07721 of PortOrdinance No. 2833, as amended, of 500, 425 and $100 are hereby amended toread "525", "446" and "$105", respectively.

Section 28. The "Rate" in Item No. 07722 of Port Ordinance No.2833, as amended, is hereby amended to read "173".

Section 29. The "Rate" in Item No. 07724 of Port Ordinance No.2833, as amended, is hereby amended to read "473"

Section 30. The "Rate" in Item No. 07728 of Port Ordinance No.2833, as amended, is hereby amended to read "499".

Section 31. The "Rate" in Item No. 07730 of Port Ordinance No.2833, as amended, is hereby amended to read "1,234".

Section 32. The "Rate" in Item Nos. 07760 and 07761 of PortOrdinance No. 2833, 'as amended, of 500 and 425 are hereby amended to read"525" and "446", respectively.

Section 33. The "Rate" in Item No. 07870 of Port Ordinance No.2833, as amended, is hereby amended to read "$24.15."

Section 34. The "Rate" in Item No. 07876 of Port Ordinance No.2833, as amended, is hereby amended to read "1596."

Section 35. The "Rate" in Item No. 07878 of Port Ordinance No.2833, as amended, is hereby amended to read "420."

Section 36. The "Rate" in Item No. 07890 of Port Ordinance No.2833, as amended, is hereby amended to read "352".

Section 37. The "Rate" in Item Nos. 07940 and 07942 of PortOrdinance No. 2833, as amended, of $75 and $150 are hereby amended to read"$79" and "$158", respectively.

Section 38. The "Rate" in Item No. 07990 of Port Ordinance No.2833, as amended, is hereby amended to read "2100."

Section 39. The "Rate" in Item No. 07992 of Port Ordinance No.2833, as amended, is hereby amended to read "961."

Section 40. The "Rate" in Item No. 07994 of Port Ordinance No.2833, as amended, is hereby amended to read "137."

Section 41. The "Rate" in Item Nos. 07996, 07997.1 and 07997.2of Port Ordinance No. 2833, as amended, are hereby amended to read "546","473" and "142", respectively.

46448Page 4 of 9

Page 16: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 42. The "Rate" in Item No. 07997.3 of Port Ordinance No.2833, as amended, is hereby amended to read "473."

Section 43. The minimum charge in Item No. 08140 of PortOrdinance No. 2833, as amended, is hereby changed to "$26.00" per invoiceissued.

Section 44. Item No. 08145 of Port Ordinance No. 2833, asamended, is hereby amended to read as follows:

PER CONTAINER WHARF DEMURRAGE RATES

Wharf Demurrage Rates on a per-container basis are assessed on a dailybasis including Saturdays, Sundays and Holidays as noted below:

08145

CONTAINER OUTSIDE LENGTH DEMURRAGE

METERSCHARGE PER DAYFOR THE FIRSTFIVE DAYS ORFRACTION THEREOF

CHARGE PER DAYFOR EACHADDITIONAL DAY ORFRACTION THEREOFOVER BUT NOT OVER

079

11.913

79

11.913

Over

$ 18.0020.0029.0032.0042.00

$36.0040.0059.0063.0084.00

Section 45. Item No. 08150 of Port Ordinance No. 2833, asamended, is hereby amended to read as follows:

NON-CONTAINERIZED AND BREAKBULK CARGO DEMURRAGE RATESWharf Demurrage Charges on cargo not in containers will be assessed ona daily basis including Saturdays, Sundays and Holidays as noted below:

08150

NON-CONTAINERIZEDWHARF DEMURRAGE RATES

In cents per ton of 1,000 kilograms or 1 cubic meter, on the same basisas wharfage is assessed (including Saturdays, Sundays and Holidays).

COMMODITYCHARGE PER DAY

FOR FIRST 5 DAYSOR FRACTION THEREOF

CHARGE PER DAYFOR EACH

ADDITIONAL DAYOR FRACTION

THEREOFCargo, N.O.S.

Beans, cocoa, in bags

Coffee, green, in bags

Lumber, per 1,000 feet B.M. orfraction thereof

Vehicles, motor, on wheels ortreads, as described in Items06900 through 06902 and motor-cycles.

49

45

45

49

137

99

90

90

99

273

Section 46. Item No. 08175 of Port Ordinance No. 2833, asamended, is hereby amended by changing "$23.00" to "$24.00" and "$26.00" to"$27.00."

46448Page 5 of 9

Page 17: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 47. Item No. 08180 of Port Ordinance No. 2833, asamended, is hereby amended to read as follows:

PER CONTAINER WHARF STORAGE RATES

Wharf storage rates on a per-container basis are assessed either on a daily basisincluding Saturdays, Sundays and Holidays; or on a monthly basis, as noted below:

08180

CONTAINER OUTSIDE LENGTH STORAGE

METERS DAILY STORAGE RATE(Per day or

fraction thereof)

MONTHLY STORAGE(Per month or

fraction thereof)OVER BUT NOT OVER07911.913

7911.913Over

$ 9.0010.0013.0014.0018.00

$105.00124.00174.00193.00264.00

Section 48. The numbers in columns A, B and C of Item No. 08190of Port Ordinance No. 2833, as amended, are hereby amended to read "12","23", and "404", respectively.

Section 49. The numbers in columns B and C in Item No. 08195 ofPort Ordinance No. 2833, as amended, are hereby amended to read "14", and"320", respectively.

Section 50. Item Nos. 08203, 08205, 08225 and 08270 of PortOrdinance No. 2833, as amended, are hereby amended by changing the number inColumn B to 14, 14, 14 and 12, respectively, and by changing the number inColumn C to 268, 268, 263 and 194, respectively

Section 51. Item Nos. 08325, 08330 and 08335 of Port OrdinanceNo. 2833, as amended, are hereby amended by changing the number in Column Ato 84,42 and 32, respectively, by changing the number in Column B to 163, 84and 58, respectively, and by changing the number in Column C of Item No.08325 to 3234.

Section 52. Item Nos. 08345 and 08350 of Port Ordinance No.2833, as amended, are hereby amended by changing the number in Column A to 35and by changing the number in Column B to 69.

Section 53. The dollar amount in paragraph "(a)" in Item No.09125 of Port Ordinance No. 2833, as amended, is hereby amended to read"$331.00."

Section 54. Item No. 09130 of Port Ordinance No. 2833, asamended, is hereby amended by deleting all references to Port Crane X-401, bychanging the Basic Rental and Total Rental, respectively, for Port Crane Nos.X-402, X-403 and X-404 to $13.25 and $16.90.

Section 55. Item No. 09140 of Port Ordinance No. 2833, asamended, is hereby amended to leave blank the Preferential Assignee for PortCrane Nos. X-438 and X-439, and to change the Basic Rental and Total Rental,respectively, for Port Crane Nos. X-438 and X-439 to $12.15 and $16.35.

Section 56. Item No. 09145 of Port Ordinance No. 2833, asamended, is hereby amended by changing all references to "Maersk-Sealand" to"Maersk Pacific, Ltd.", by changing the basic rental and total rentalamounts, respectively, in Note 5 to $12.15 and $16.35, and by changing the

46448Page 6 of 9

Page 18: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

basic rental and total rental for Port Crane Nos. X-408, X-409 and X-410 asfollows:

Basic Rental:(See Note 5) $11.85

$11.8512.15

$11.8512.15

Total Rental:(See Note 5) $16.05

$16.0516.35

$16.0516.35

Section 57. Item No. 09150 of Port Ordinance No. 2833, asamended, is hereby amended by deleting all references to Port Crane Nos. X-411 and X-412, by deleting all references to present Note 2, by renumberingall references to Notes 3, 4 and 5, as Notes 2, 3 and 4, respectively, and bychanging the basic rental and the total rental for Port Crane Nos. X-434 andX-435 to $13.65 and $17.85, respectively.

Section 58. Item No. 09152 of Port Ordinance No. 2833, asamended, is hereby amended to provide that for each of Port Crane Nos. X-430,X-431 and X-432 the basic rental is $12.15, power is $0.70 and total rentalis $16.30.

Section 59. Item No. 09155 of Port Ordinance No. 2833, asamended, is hereby amended by providing that for each of Port Crane Nos. X-424, X-425, X-426 and X-437 the Preferential Assignee is Evergreen MarineCorporation (Taiwan) Ltd., the basic rental is $12.15 and the total rental is$12.85.

Section 60. Item Nos. 09163 and 09164 of Port Ordinance No.2833, as amended, is hereby amended to provide that for each Port Cranelisted, the basic rental is $14.70 and the total rental is $18.90.

Section 61. Item No. 09165 of Port Ordinance No. 2833, asamended, is hereby amended to leave blank the Preferential Assignee for eachlisted Port Crane, and to provide that for each Port Crane the basic rentalis $11.85 and the total rental is $16.60.

Section 62. Item No. 10150 of Port Ordinance No. 2833, asamended, is hereby amended by deleting Exceptions 1 and 2 and the language"(See Exceptions)" at the end of the second sentence of the Item.

Section 63. The dollar amount in paragraph (b) of Item No. 10155of Port Ordinance No. 2833, as amended, is hereby amended to read "$42.00".

46448Page 7 of 9

Page 19: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 64. Item No. 10160 of Port Ordinance No. 2833, asamended, is hereby amended to read as follows:

SPACE ASSIGNMENT RATESSpace Assignment rates will be assessed as contained in the following table whichdesignates the types of areas used and assigned; if and as available: (See Item10155):

TYPE OF AREA DOLLARS PER SQUARE FOOT PER MONTH

10160Land

UNPAVED ROCKED PAVED

$.104

WithoutLighting

orFencing

WithLighting

andFencing

WithoutLighting

orFencing

WithLighting

andFencing

$.128 $.146 $.153 $.19

Truck or Rail DockFacilities (excludesAdjacent or surrounding yard)

ROOFEDIncludes Nominal Clerical Space

Excludes Office Space

WITH ORWITHOUTCANOPY

(Cont.)10160

With Doors& Levelers

With DoorsNo Levelers

No DoorsNo Levelers

PlatformsOnly

$.48 $.41 $.29 $.19

FIRSTFLOORLEVEL

Space $.30THIS SPACE LEFT INTENTIONALLY BLANK

In-Bond Storage $.32(See Item 10155)

OFFICE SPACE Non-Air AirN.O.S. Conditioned Conditioned

$1.00 $1.14

Section 65. The Board of Port Commissioners hereby finds anddetermines that:

(a) The establishment and imposition of the rates pursuant to theforegoing sections of this ordinance are for the purpose of (A) meetingoperating expenses, including employee wage rates and fringe benefits, (B)purchasing or leasing supplies, equipment, or materials, (C) meeting financialreserve needs and requirements, (D) obtaining funds for capital projectsnecessary to maintain service within existing service areas and (E) obtainingfunds necessary to maintain those intra-city transfers as are authorized by theCity Charter;

(b) The establishment and imposition of the rates, and the otherrevisions which conform Port Ordinance No. 2833, as amended, to changedcircumstances, will not result in a direct or reasonably foreseeable indirectphysical change in the environment, and it can be seen with certainty thatthere is no possibility that such other revisions may have a significant effecton the environment; and

46448Page 8 of 9

Page 20: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

(c) Accordingly, the foregoing sections of this ordinance areexempt from the requirements of the California Environmental Quality Act (CEQA)under California Public Resources Code Section 21080(b)(8) and Sections 15273,15060(c)(2) and 15061 (a)(3) of Title 14 of the California Code of Regulations.

Section 66. Sections 1 through 64 of this ordinance shall takeeffect January 1, 2004, and the remainder of this ordinance shall take effectupon its final approval by the Board of Port Commissioners.

In Board of Port Commissioners, Oakland, California,November 4, 2003. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer,Scates and President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 2, 2003

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

None

t for nd 1 . !Ap

Port Attorney

Ayes:

Noes:

Absent:None

Att

46448Page 9 of 9

Page 21: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO, 3776

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF ALEASE AND OPERATING AGREEMENT WITH PACIFIC MARINADEVELOPMENT, INC.

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

Section 1. The Board of Port Commissioners ("Board") herebyapproves a Lease and Operating Agreement between the CITY OF OAKLAND,a municipal corporation, acting by and through the Board and PACIFICMARINA DEVELOPMENT, INC., as Lessee, for the lease and operation of thePort's recreational marina portfolio and otherwise upon terms andconditions consistent with those set forth in Board Agenda Sheet ItemNo. C-1 dated November 4, 2003, (herein "Agenda Sheet") and suchstandard terms and conditions as specified in the Lease and OperatingAgreement and approved by the Executive Director. The Board alsoapproves subsequent agreements and documents in accordance with thisordinance, provided that such agreements and documents are consistentwith the terms and conditions described above and in the Agenda Sheet,as may reasonably be determined by the Executive Director and the PortAttorney.

Section 2. The Executive Director is hereby authorized to executesaid Lease and Operating Agreement and .related documents.

Section 3. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1, Guidelines Section 15301(p).

Section 4. The Board hereby determines that the improvementsleased to Lessee pursuant to the Lease and Operating Agreement havebecome unnecessary for Port purposes or harbor development and that theproposed disposition of such improvements by lease 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 disposition shall bedeposited in the Port Revenue Fund and used in accordance with theprovisions of Section 5.13 of the indenture.

46161

Page 22: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 5. This ordinance is not evidence of and does not createor constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Lease andOperating Agreement in accordance with the terms of this ordinance.Unless and until a separate written Lease and Operating Agreement isduly executed on behalf of the Board as authorized by this ordinance, issigned and approved as to form and legality by the Port Attorney, and isdelivered to Lessee, there shall be no valid or effective Agreement.

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

In Board of Port Commissioners, Oakland, California, November 4,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer, Scatesand President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 2, 20 0 3

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang,

Ayes: Kramer, Scates and President Protopappas - 7

Noes: None

Absent: None

At

Approved,as to form a id legality:

Port Attorney

46161

Page 23: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Oakland TribuneLegal No. 0000303231

PORT ORDINANCE NO. 3776do ANG Newspapers4J1 13th StreetOak'- , c1, CA 94612Letdvertising(80(i) o95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE NO. 3776

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

lare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

11/12/03

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

Public Notice Advertising Clerk

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A LEASEAND OPERATING AGREEMENT WITH PACIFIC MARINA DEVELOPMENT, INC.

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

Section 1. The Board of Port Commissioners ("Board") hereby approves a Lease andOperating Agreement between the CITY OFOAKLAND, a municipal corporation, actingby and through the Board and PACIFIC MARINA DEVELOPMENT, INC., as Lessee, forthe lease and operation of the Port's recreational marina portfolio and otherwise uponterms and conditions consistent with thoseset forth in Board Agenda Sheet Item No. C-1dated November 4, 2003, (herein "AgendaSheet") and such standard terms and conditions as specified in the Lease and OperatingAgreement and approved by the Executive Director. The Board also approves subsequentagreements and documents in accordancewith this ordinance, provided that such agreements and documents are consistent with theterms and conditions described above and inthe Agenda Sheet, as may reasonably be determined by the Executive Director and thePort Attorney.

Section 2. The Executive Director is hereby authorized to execute said Lease and Operating Agreement and related documents.

Section 3.The Board hereby finds and deterrnines that this project has been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pursuant to Class 1, Guidelines Section15301(p).

Section 4. The Board hereby determinesthat the improvements leased to Lessee pursuant to the Lease and Operating Agreementhave become unnecessary for Port purposesor harbor development and that the proposed disposition of such improvements bylease complies 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 other transfers referred to therein, constitute aSignificant Portion of the Port (as defined inthe Indenture). The Board hereby directs thatthe proceeds of such disposition shall be deposited in the Port Revenue Fund and usedin accordance with the provisions of Section5.13 of the indenture.

Section 5. This ordinance is not evidenceof and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or anyofficer or employee of the Board. This ordinance approves and authorizes the executionof said Lease and Operating Agreement in accordance with the terms of this ordinance.Unless and until a separate written Lease andOperating Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to formand legality by the Port Attorney, and is delivered to Lessee, there shall be no valid or offective Agreement.

Section 6. This ordinance shall take effectthirty (30) days from and after its finaladoption.

In Board of Port Commissioners, Oakland,California, November 4, 2003. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kiang, Kramer, Scales and PresidentProtopappas - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #303231November 12, 2003

Page 24: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3775

AN ORDINANCE ESTABLISHING A PASSENGER FACILITYCHARGE AND AMENDING SECTION 21 TO PORT ORDINANCE3634 RELATING TO CHARGES FOR USE OF FACILITIES ATTHE METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,AND MAKING CERTAIN FINDINGS AND DETERMINATIONS INCONNECTION THEREWITH.

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

Section 1. Port Ordinance No. 3634 is hereby furtheramended, pursuant to Agenda Sheet Item A-6, dated November 4, 2003("Agenda Sheet"), by amending Section 21 thereof with the addition of anew Section 21(c)(13), as follows:

"c.(13) The PFC established pursuant to this Sectionshall be at the rate of four dollars and fifty cents($4.50) for the project approved by the FederalAviation Administration ("FAA") by letter datedSeptember 25, 2003, and accompanying Record ofDecision shall be paid and collected on each ticketissued on or after the charge effective date andissued before September 2, 2010, (which is theestimated charge expiration date under the FederalRegulations), or before such other date as may bespecified in writing by the Port or the FAA inaccordance with the Act and/or the FederalRegulations."

Section 2. The Board of Port Commissioners hereby finds anddetermines that the approval to collect and spend PFCs is statutorilyexempt from the requirements of the California Environmental QualityAct (CEQA), pursuant to California Public Resources Code, Section21080(b)(8), and CEQA Guidelines Section 15273(a)(4). Each of theprojects for which the Airport was granted approval to use PFC 13funds has been reviewed in compliance with CEQA. Applicable noticehas been filed with the County.

46538

Page 25: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

The PFC is established and imposed pursuant to the Port'sthirteenth application to the FAA and, under the terms and provisionsof the FAA's September 25, 2003, approval of the Port's application.The PFCs may be imposed and used for the specified projects. Theprojects are described in the Port's application, the FAA's approvalletter and Record of Decision and the above-referenced Agenda Sheet.Each of said documents is incorporated herein by this reference.

In Board of Port Commissioners, Oakland, California,November 4, 2003. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer,Scates and President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 2, 2003

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

None

None

Appr6ve'd as and legality:

Ayes:

Noes:

Absent:

46538

Page 26: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

c/a ANG Newspapers461 13th StreetOak'- -id, CA 94612LE dvertising(Ku ) o95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3775 -PASSENGER FACILITY CHARGE &AMICIUMAIrl CCr-rinta 94 Trt DrtDT

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

;lare that The Oakland Tribune is a news paper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the Stare of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

11/12/03

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3775AN ORDINANCE ESTABLISHING A PAS

SENGER FACILITY CHARGE AND AMENDING SECTION 21 TO PORT ORDINANCE3634 RELATING TO CHARGES FOR USEOF FACILITIES AT THE METROPOLITANOAKLAND INTERNATIONAL AIRPORT,

AND MAKING CERTAIN FINDINGSAND DETERMINATIONS INCONNECTION THEREWITH.

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

Section 1. Port Ordinance No. 3634 ishereby further amended, pursuant to AgendaSheet Item A-6, dated November 4, 2003("Agenda Sheet"), by amending Section 21thereof with the addition of a new Section21(c)(13), as follows:

"013) The PFC established pursuant tothis Section shall be at the rate of four dollarsand fifty cents ($4.50) for the project approved by the Federal Aviation Administration("FAA") by letter dated September 25, 2003,and accompanying Record of Decision shallbe paid and collected on each ticket issuedon or atter the charge effective date and issued before September 2, 2010, (which is theestimated charge expiration date under theFederal Regulations), or before such otherdate as may be specified in writing by thePort or the FAA in accordance with the Actand/or the Federal Regulations."

Section 2. The Board of Port Commissioners hereby finds and determines that the approvel to collect and spend PFCs is statutorilyexempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to California Public Resources Code,Section 21080(b)(8), and CEQA GuidelinesSection 15273(a)(4). Each of the projects forwhich the Airport was granted approval touse PFC 13 funds has been reviewed in cornpliance with CEQA, Applicable notice hasbeen liled with the County.

The PFC is established and imposed pursuant to the Port's thirteenth application tothe FAA and, under the terms and provisionsof the FAA's September 25, 2003, approval ofthe Port's application. The PFCs may be imposed and used for the specified projects.The projects are described in the Port's applir.atinn tha FAA's annrnval lAttAr and RAnnrdof uecision and the above-reterenced Agenda Sheet. Each of said documents is incorporated herein by this reference.

In Board of Port Commissioners, Oakland,California, November 4, 2003. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kiang, Kramer, Scates and PresidentProtopappas - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #303238November 12, 2003

Legal No.

Oakland Tribune 0000303238

Page 27: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3774

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

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

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. A-1 datedNovember 4, 2003.

Section 2. The following additional scheduled airlines wouldenter into a Standard Airline Oneratina Aareement and S pace/Use Permitfor commercial and cargo air carriers, as well as other aviation-related operators (e.g., ground handlers, aircraft maintenancecompanies, skycap services) at the Airport:

Champion Air (carrier)

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

AVEX Flight Support, Inc. (operator)DAL Global Services, Inc. (operator)Swissport Corporation (operator)Oakland Museum of California Foundation (operator)Transnational Aviation Services, Inc. (operator)

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 and

46534

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the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section15301.

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 4,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer, Scatesand President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held December 2 , 2003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang,

Ayes: Kramer, Scates and President Protopappas - 7

Noes: None

Absent: None

Atte

46534

Page 29: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000303205Oaklanu Tribunec/o ANG Newspapers401 13th StreetOakland, CA 94612

al Advertising0) 595-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE NO. 3774

The Oakland Tribune

1 am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

Tl-tr• nnlrinrirl ic rsf rvr.,,r.rn I

1.ettlation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

11/12/03

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3774

ORDINANCE APPROVING ADDITIONALSIGNATORIES TO THE AIRLINE OPERATING AGREEMENT AND SPACE/USE PERMIT AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.

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

Section 1. The Executive Director is hereby authorized to enter into additional individual agreements with additional prospective airline carriers providing regularly scheduledservice at Metropolitan Oakland InternationalAirport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in AgendaSheet Item No. A-1 dated November 4, 2003.

Section 2. The following additional scheduled airlines would enter into a Standard Airline Operating Agreement and Space/Use Permit lor commercial and cargo air carriers, aswell as other aviation-related operators (e.g.,ground handlers, aircraft maintenance companies, skycap services) at the Airport:

Champion Air (carrier)Section 3. The following tenants wouldenter into a Space/Use Permit only:AVEX Flight Support, Inc. (operator)DAL Global Services, Inc. (operator)Swissport Corporation (operator)Oakland Museum of California Foundation(operator)Transnational Aviation Services, Inc,(operator)Section 4. The Board of Port Commission

ers hereby finds and determines that basedon the information set forth in the AgendaSheet, these projects have been determinedto be categorically exempt from the requirements 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 contract or Lease, entitlement or property interest, 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

the 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 offective agreement or Lease.

In Board of Port Commissioners, Oakland,California, November 4, 2003. Passed to printfor one day by the following vote: Ayes: Cornmissioners Ayers-Johnson, Batarse, Katzoff,Kiang, Kramer, Scates and PresidentProtopappas - 7. Noes: None, Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #303205November 12, 2003

Page 30: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3773

ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF ARIGHT OF ENTRY AND INDEMNITY AGREEMENT WITH THE SANFRANCISCO BAY AREA RAPID TRANSIT DISTRICT FOR VIBRO-REPLACEMENT/COMPACTION DEMONSTRATION PROGRAM ATBERTHS 32-34.

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. M-3, dated October 7, 2003 (herein the "Agenda Sheet"),the Board of Port Commissioners hereby approves and authorizes theDirector of Maritime to execute for and on behalf of the Board aRight-of-Entry and Indemnity Agreement between the Port and THE SANFRANCISCO BAY AREA RAPID TRANSIT DISTRICT ("BARTD") for purposes ofconducting BARTD's Vibro-Replacement/Compaction Demonstration Programat Berths 32 through 34 as part of the BARTD Seismic Retrofit Programand as otherwise described in the Agenda Sheet.

Such approval and authorization to execute a Right-of-Entry andIndemnity Agreement is subject to the Director of Maritime'sdetermination that the following issues have been satisfactorilyresolved to the benefit of the Port: (a) The present elevation of theprotective covering over the BARTD submerged tube in the Port Area andits potential interference with deepening and maintenance of Portberths and the Outer Harbor Channel; and (b) The necessity to relocatethe BARTD anode platforms and other BARTD utilities for the BARTD tubein the Outer Harbor, the presence of the BARTD anode platforms andother BARTD utilities on Port property without Port authorization orfederal authorization and BARTD's obligation to relocated the same atno cost to the Port, and BART's obligation under federal law(including 33 USC 2211(a)(5)) to pay one-half of the cost ofrelocating BARTD utilities that are lawfully present and requirerelocation for the construction of the Oakland Harbor NavigationImprovement (-50 Foot) Project authorized by Section 101(a)(7) of theWater Resources Development Act of 1999, Public Law 106-53.

Said agreement shall contain such terms and conditions as theExecutive Director or Port Attorney may determine necessary in orderto protect the interests of the Port.

46162

Page 31: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Noes:

Absent:

None

None

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 Section 15301; and be it

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 in accordancewith the terms of this ordinance. Unless and until a separate writtenagreement is duly executed on behalf of the Board as authorized bythis ordinance, is signed and approved as to form and legality by thePort Attorney and is delivered to BARTD, there shall be no valid oreffective agreement.

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

In Board of Port Commissioners, Oakland, California, October 7, 2003.Passed to print for one day by the following vote: Ayes: CommissionersKatzoff, Kiang, Kramer, Scates and President Protopappas - 5. Noes: None.Absent: Commissioner Ayers-Johnson and Batarse - 2.

John T. BettertonSecretar y of the Board

Adopted at a regular meeting held October 21, 2003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang,

Ayes: Kramer, Scates and President Protopappas – 7

46162

Page 32: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000292705

PORT ORDINANCE NO. 3773

ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A

RIGHT OF ENTRY AND INDEMNITYAGREEMENT WITH THE SAN FRANCISCOBAY AREA RAPID TRANSIT DISTRICT FOR

VIBRO-REPLACEMENT/COMPACTIONDEMONSTRATION PROGRAM AT BERTHS

32-34.

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

Section 1. Based upon the informationcontained in Board Agenda Sheet Item No.M-3, dated October 7, 2003 (herein the"Agenda Sheer), the Board of Port Comrnissioners hereby approves and authorizes theDirector of Maritime to execute for and on behalf of the Board a Right-of-Entry and Indemnity Agreement between the Port and THESAN FRANCISCO BAY AREA RAPIDTRANSIT DISTRICT ((BARTD") for purposesof conducting BARTD's Vibro-Replacement/Compaction Demonstration Program atBerths 32 through 34 as part of the BARTCSeismic Retrofit Program and as otherwise described in the Agenda Sheet.

Such approval and authorization to execute a Right-of-Entry and Indemnity Agreement is subject to the Director of Maritime'sdetermination that the following issues havebeen satisfactorily resolved to the benefit ofthe Port: (a) The present elevation of the protective covering over the BARTD submergedtube in the Port Area and its potential interference with deepening and maintenance ofPort berths and the Outer Harbor Channel;and (b) The necessity to relocate the BARTDanode platforms and other BARTD utilities forthe BARTDtube in the Outer Harbor, the presence of the BARTD anode platforms and other BARTD utilities on Port property withoutPort authorization or federal authorizationand BARTD's obligation to relocated thesame at no cost to the Port, and BART'sobligation under federal law (including 33 USC2211(a)(5)) to pay one-half of the cost of reloeating BARTD utilities that are lawfully present and require relocation for the constructional the Oakland Harbor Navigation Improvement (-50 Foot) Project authorized by Section101(a)(7) of the Water Resources Development Act of 1999, Public Law 106-53.

Said agreement shall contain such termsand conditions as the Executive Director orPort Attomey may determine necessary in order to protect the interests of the Port.

Section 2. The Board hereby finds and determines that this project has been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act (CEQA) and the Port CEQA Guidelines Section 15301; and be it

Section 3. This ordinance is not evidenceof and does not create or constitute (a) a contract or the grant of any right, entitlement orproperty interest or (b) any obligation or liability on the part of the Board or any officer oremployee of the Board. This ordinance approyes and authorizes the execution of saidagreement in accordance with the terms ofthis ordinance. Unless and until a separatewritten agreement is duly executed on behalfof the Board as authorized by this ordinance,is signed and approved as to form and legality by the Port Attorney and is delivered toBARTD, there shall be no valid or effectiveagreement.

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

In Board of Port Commissioners, Oakland,California, October 7, 2003. Passed to printfor one day by the following vote: Ayes: Cornmissioners Katzoff, Kiang, Kramer, Scatesand President Protopappas - 5. Noes: None.Absent: Commissioner Ayers-Johnson andBatarse - 2.

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

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3773

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

-lare that The Oakland Tribune is a newspaper of general.alation as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

10/15/03

John T. BettertonSecretary of the Board

The Oakland Tribune, #292705October 15, 2003

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

ri

Public Notice Advertising Clerk

Page 33: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3771

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF ANAMENDMENT TO LEASE WITH EMBARCADERO COVE ENTERPRISESLLC.

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

Section 1. The Board hereby approves and authorizes execution of anagreement ("Amendment") to that certain Lease dated December 16, 1970,between the Port and EMBARCADERO COVE ENTERPRISES LLC, as Lessee, tofurther amend the terms and conditions of the Lease to identify requiredimprovements to the structures and infrastructure on the site, to extendthe term of the lease, to clarify existing language in the lease and toformalize the Port of Oakland's approval of Embarcadero Cove Enterprises

cl•D J_1♦ aiy cList,J11,G1-

Item No. C-1, dated October 7, 2003.

Section 2. The Executive Director is hereby authorized to executesaid Amendment.

Section 3. The Board hereby finds and determines that this projecthas been determined to be categorically exempt from requirements of theCalifornia Environmental Quality Act and the Port CEQA Guidelinespursuant to Guidelines, Article 19, Section 15300.4 and pursuant toClass 1 of Guidelines Section 15301(p).

Section 4. This ordinance is not evidence of and does not create orconstitute (a) a contract, lease or the grant of any right, entitlementor property 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 a lease or agreement inaccordance with the terms of this ordinance. Unless and until a writtenlease is duly executed on behalf of the Board as authorized by thisordinance, is signed and approved as to form and legality by the PortAttorney, and is delivered to the Lessee, there shall be no valid oreffective lease or agreement.

46154

Page 34: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

In Board of Port Commissioners, Oakland, California, October 7, 2003.Passed to print for one day by the following vote: Ayes: CommissionersKatzoff, Kiang, Kramer, Scates and President Protopappas - 5. Noes: None.Absent: Commissioner Ayers-Johnson and Batarse - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held October 21, 2003

By the following Vote:

Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang,Kramer, Scates and President Protopappas - 7

None

None

Page 35: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

c/o ANG Newspapers401 13th StreetOakland, CA 94612Ler; ivertisingMu, .,d5-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3771

The Oakland Tribune

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

10/15/03

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3771

AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF ANAMENDMENT TO LEASE WITH

EMBARCADERO COVE ENTERPRISESLLC.

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

Section 1. The Board hereby approvesand authorizes execution of an agreement("Amendment") to that certain Lease datedDecember 16, 1970, between the Port andEMBARCADERO COVE ENTERPRISES LLC,as Lessee, to further amend the terms andconditions of the Lease to identify required improvements to the structures and infrastructure on the site, to extend the term of thelease, to clarify existing language in the leaseand to formalize the Port of Oakland's approval of Embarcadero Cove Enterprises LLC aslessee by assignment and as more fully setforth in Agenda Sheet Item No. C-1, dated October 7, 2003.

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

Section 3. The Board hereby finds and determines that this project has been determined to be categorically exempt from requirements of the California EnvironmentalQuality Act and the Port CEQA Guidelines pursuant to Guidelines, Article 19, Section15300.4 and pursuant to Class 1 of Guidelines Section 15301(p).

Section 4. This ordinance is not evidenceof and does not create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligetion or liability on the part of the Board or anyofficer or employee of the Board. This ordinance approves and authorizes the executionof a lease or agreement in accordance withthe terms of this ordinance. Unless and untila written lease is duly executed on behalf ofthe Board as authorized by this ordinance, issigned and approved as to form and legalityby the Port Attorney, and is delivered to theLessee, there shall be no valid or effectivelease or agreement.

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

In Board of Port Commissioners, Oakland,California, October 7, 2003. Passed to printfor one day by the following vote: Ayes: Commissioners Katzof I , Kiang, Kramer, Scatesand President Protopappas - 5. Noes: None,Absent: Commissioner Ayers-Johnson andBatarse - 2.

JOHN T. BETTERTONSecretary of the Board

The Oakland Tribune, #292721October 15, 2003

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

-tare that The Oakland Tribune is a newspaper of generalc_ ,alation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

Legal No.

Oakiand Tribune 0000292721

Page 36: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3770

AN ORDINANCE ESTABLISHING A PASSENGER FACILITYCHARGE AND AMENDING SECTION 21 TO PORT ORDINANCE3634 RELATING TO CHARGES FOR USE OF FACILITIES ATTHE METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,AND MAKING CERTAIN FINDINGS AND DETERMINATIONS INCONNECTION THEREWITH.

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

Section 1. Port Ordinance No. 3634 is hereby furtheramended by amending Section 21 thereof with the addition of a newSection 21(c)(12), as follows:

"c.(12) The PFC established pursuant to this Sectionshall be at the rate of four dollars and fifty cents($4.50) for the project approved by the FederalAviation Administration ("FAA") by letter dated April28, 2003, and accompanying Record of Decision shall bepaid and collected on each ticket issued on or afterthe charge effective date and issued before March 1,2004, (which is the estimated charge expiration dateunder the Federal Regulations), or before such otherdate as may be specified in writing by the Port or theFAA in accordance with the Act and/or the FederalRegulations."

Section 2. The Board of Port Commissioners hereby finds anddetermines that the establishment and imposition of the PFC pursuant toSection 1 of this ordinance is exempt from the requirements of theCalifornia Environmental Quality Act (CEQA) under California PublicResources Code Sections 15273(a)(4).

46164

Page 37: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

The PFC is established and imposed pursuant to the Port'stwelfth application to the FAA and, under the terms and provisions ofthe FAA's April 28, 2003, approval of the Port's application. The PFCsmay be imposed and used for the specified project. This project isdescribed in the Port's application, the FAA's approval letter andRecord of Decision and the above-referenced Agenda Sheet. Each of saiddocuments is incorporated herein by this reference.

In Board of Port Commissioners, Oakland, California, October 7, 2003.Passed to print for one day by the following vote: Ayes: CommissionersKatzoff, Kiang, Kramer, Scates and President Protopappas - 5. Noes: None.Absent: Commissioner Ayers-Johnson and Batarse - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held October 21, 2 003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang,

Ayes: Kramer, Scates and President Protopappas – 7

Noes: None

Absent: None

Attes

Port Attorney

46164

Page 38: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

c/o ANG Newspapers401 13th StreetOakland, CA 94612Lef: ivertising(80L „J5-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3770

The Oakland Tribune

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

10/15/03

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3770

AN ORDINANCE ESTABLISHING APASSENGER FACILITY CHARGE AND

AMENDING SECTION 21 TO PORT ORDINANCE 3634 RELATING TO CHARGES

FOR USE OF FACILITIES AT THE METROPOLITAN OAKLAND INTERNATIONAL AIRPORT, AND MAKING CERTAIN FINDINGSAND DETERMINATIONS IN CONNECTION

THEREWITH.

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

Section 1. Port Ordinance No. 3634 ishereby further amended by amending Section 21 thereof with the addition al a new Section 21(c)(12), as follows:

"c.(12) The PFC established pursuant tothis Section shall be at the rate of four dollarsand fifty cents ($4.50) for the project approved by the Federal Aviation Administration("FAA")by letter dated April 28, 2003, and accompanying Record of Decision shall be paidand collected on each ticket issued on or ofter the charge effective date and issued belore March 1, 2004, (which is the estimatedcharge expiration date under the FederalRegulations). or before such other date asmay be specified in writing by the Port or theFAA in accordance with the Act and/or theFederal Regulations."

Section 2. The Board at Port Commissioners hereby finds and determines that the establishment and imposition of the PFC pursuant to Section 1 of this ordinance is exemptfrom the requirements al the California Environmental Quality Act (CEQA) under California Public Resources Code Sections15273(a)(4).

The PFC is established and imposed pursuant to the Port's twelfth application to theFAA and, under the terms and provisions ofthe FAA's April 28, 2003, approval at theParrs application. The PFCs may be imposed and used for the specified project.This project is described in the Port's application, the FAA's approval letter and Record ofDecision and the above-referenced AgendaSheet. Each of said documents is incorporated herein by this reference.

In Board of Port Commissioners, Oakland,California. October 7. 2003. Passed to mintfor one day ay the following vote: Ayes: uommissioners Katzof, f, Kiang, Kramer, Scalesand President Protopappas - 5, Noes: None.Absent: Commissioner Ayers-Johnson andBatarse - 2.

JOHN T. BETTERTONSecretary of the Board

The Oakland Tribune, #292714October 15, 2003

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

lare that The Oakland Tribune is a newspaper of generalL. , alation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

Legal No.

Oakland Tribune 0000292714

Page 39: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3769

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF LEASE SUPPLEMENTAL NO. 2 WITH THE UNITEDSTATES OF AMERICA, DEPARTMENT OF TRANSPORTATION,FEDERAL AVIATION ADMINISTRATION, FOR EXTENSION OFLEASE TERM AND ADDITION OF SECURITY CLAUSE RE8250 EARHART ROAD (NORTH AIRPORT).

WHEREAS the Board of Port Commissioners ("Board") approvedand authorized execution of a Lease, by Resolution No. 97291, datedSeptember 16, 1997 (effective October 1, 1997), with the United Statesof America, Department of Transportation, Federal AviationAdministration ("FAA") (FAA Lease No. DTFA08-97-L-17927), located at8250 Earhart Road, North Airport, (as subsequently amended), coveringapproximately 2,825 square feet of office space, 120 square feet oflobby/restrooms and 2,000 square feet of unpaved parking in andadjacent to Building L-619, North Airport, Metropolitan OaklandInternational Airport, providing administrative offices for FAAemployees; and

WHEREAS in consideration of the matters set forth in AgendaSheet Item No. A3, dated October 7, 2003, the desirability to extendthe lease term and add security language; now, therefore,

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

Section 1. That certain Lease Modification No. 2 For Useof Real Property between the CITY OF OAKLAND, a municipal corporation,acting by and through this Board, as Grantor, and the UNITED STATES OFAMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION("FAA"), hereby approves the extension the term for an additional fiveyears from November 1, 2003 through October 31, 2008, at a rate of$4,669.00 per month, including a holdover provision covering theperiod FAA was without an extension from October 1, 2003 throughOctober 31, 2003, at a rate of $4,169.00, and upon such other termsand conditions set forth in said Agenda Sheet, and as otherwise may beappropriate; and be it

Section 2. The Executive Director is hereby authorized toexecute said Lease Modification No. 2 provided that it has beenapproved as to form and legality by the Port Attorney.

46099

Page 40: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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 liabilityon the part of the Board or any officer or employee of the Board.This Ordinance approves and authorizes the execution of a contract,Lease or grant of rights in accordance with the terms of thisOrdinance. Unless and until a separate written contract, Lease orGrant is duly executed on behalf of the Board as authorized by thisOrdinance, is signed as approved as to form and legality by the PortAttorney, and is delivered to the contracting party, lessee orgrantee, there shall be no valid or effective contract, Lease orgrant.

Section 4. This Ordinance shall take effect 30 days fromand after its final adoption. After this Ordinance becomes effective,and the conditions set forth in Section 3 for a valid and effectivecontract, Lease or grant are satisfied, the Port Attorney is herebyauthorized and directed to record said Lease.

In Board of Port Commissioners, Oakland, California, October 7, 2003.Passed to print for one day by the following vote: Ayes: CommissionersKatzoff, Kiang, Kramer, Scates and President Protopappas - 5. Noes: None.Absent: Commissioner Ayers-Johnson and Batarse - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held October 21, 2003

By the following Vote:

Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang,Ayes: Kramer, Scates and President Protopappas - 7

Noes: None

Absent: None

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BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3768

AN ORDINANCE MAKING CERTAIN FINDINGS AND DETERMINATIONS INSUPPORT OF, AND AUTHORIZING EXECUTION OF A PURCHASE AND SALEAGREEMENT WITH FOOD SPECIALISTS, INC., FOR THE PORT OFOAKLAND'S SALE OF AN APPROXIMATELY 1.75 ACRE PARCEL OF LANDLOCATED AT EMBARCADERO AND EAST 7TH STREET.

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

Section 1. The land referred to in this ordinance as the"Property" is owned by the Port of Oakland, is located within the Cityof Oakland and consists of an approximately 1.75 acre site located atEmbarcadero and East 7th Street.

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 FOOD SPECIALISTS, INC. ("Buyer") (the "Agreement") forthe sale of the Property at a purchase price of $1,145,175.00, and asotherwise described in Agenda Sheet Item No. C-1, dated September 16,2003.

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President Protopappas - 1

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 because it is a sale of surplus land and is not locatedin an area of statewide, regional or area-wide concern as identifiedin CEQA Guidelines Section 15206(b)(4).

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, September 16, 2003.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff and Vice President Scates - 4. Noes: None. Absent:Commissioners Kiang and Kramer - 2. Recused: President Protopappas - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held October 7, 2 003

By the following Vote:

Ayes:

Commissioners Katzoff, Kiang, Kramer, and VicePresident Scates – 4

None

Commissioners Ayers-Johnson and a a - 2

President.

Noes:

Absent:

Recused:

Secretary.

Page 43: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

c/o ANG Newspapers401 13th StreetOakland, CA 94612Le \dvertising

, ,95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

P1 ao F CF PUBLICATIONFILE NO.

In the matter of

ORD NO. 3768 SALE OF 1.75 ACREPARCEL OF LAND

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

Aare that The Oakland Tribune is a newspaper of general.alation a s defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

10/2/03

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

Public Notice Advertising Clerk

AN ORDINANCE MAKING CERTAINFINDINGS AND DETERMINATIONS IN

SUPPORT OF, AND AUTHORIZINGEXECUTION OF A PURCHASE ANDSALE AGREEMENT WITH FOOD

SPECIALISTS, INC., FOR THE PORT OFOAKLAND'S SALE OF AN

APPROXIMATELY 1.75 ACRE PARCELOF LAND LOCATED AT EMBARCADERO

AND EAST 7TH STREET.

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

Section 1. The land referred to in this ordinance as the "Property" is owned by the Portof Oakland, is located within the City ofOakland and consists of an approximately1.75 acre site located at Embarcadero andEast 7th Street.

Section 2. The Board hereby finds anddetermines as follows:

(a) That the Property has become unnecessary for port purposes or harbor development; 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 other transfers referred to therein, constitute aSignificant Portion of the Port (as defined inthe Indenture). The Board hereby directs thatthe proceeds of such sale shall be depositedin 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 and FOODSPECIALISTS, INC. ("Buyer) (the"Agreement") for the sale of the Property at apurchase price of $1,145,175.00, and as otherwise described in Agenda Sheet Item No.C-1, dated September 16, 2003.

Section 4. The Executive Director is authorized to execute and deliver a Grant Deedconveying the Property to Buyer and suchother documents as shall be required to carryout 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 because it is a sale of surplus land and is not located in an area of statewide, regional orarea-wide concern as identified in CEQAGuidelines Section 15206(b)(4).

Section 6. This ordinance is not evidenceof and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligetion or liability on the part of the Board or anyofficer or employee of the Board. This ordinance does not obligate the Port to executeor deliver the Agreement or the Grant Deedto Buyer. This ordinance approves and authorizes the execution of the Agreement in accordance with the terms of this ordinanceand delivery of a Grant Deed. Unless and until 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 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, September 16, 2003. Passed toprint for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse,Katzoff and vice President Scales - 4 Noes:None. Absent: Commissioners Kiang andKramer - 2. Recused: PresidentProtopappas - 1.

John T. BettertonSecretary of the Board

The Oakland Tribune, #287532October 2, 2003

Legal No. 0000287532

PORT ORDINANCE NO. 3768Oakland Tribune

Page 44: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Commissioners Kiang and Kramer

11P‘

None

Absent:

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3767AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATETHE NEW POSITION OF MANAGER, BENCHMARKING & SPECIALPROJECTS.

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

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

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

13.8 1 Manager, Benchmarking & 567Special Projects

In Board of Port Commissioners, Oakland, California, September 2, 2003.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Scates and President Protopappas - 6.Noes: None. Absent: Commissioner Kiang - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held September 16, 2003

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,

Scates and President Protopappas - 5

Noes:

President.

111711rA AiA yr

Secretary.App

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CA:,do ANG Newsp: ers401 13th StreetOakland, CA 94612Le .dv,.-Ttising(8C„ A5-9595 opt.4

ribune

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,0.\KLAND CA 94607

Legal No. 0000278942

PORT ORDINANCE NO. 3767

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE THE NEWPOSITION OF MANAGER, BENCHMARKING & SPECIAL PROJECTS.

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:

Section No. ofNo. Positions13.8 1

Title Manager, Benchmarking & Special ProjectsSalary or Schedule No. 567

In Board of Port Commissioners, Oakland, California, September 2, 2003, Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Scates and President Protopappas - 6. Noes: None. Absent: Commissioner Kiang -1

OF PUBLICATIONNO.

In the matter of

John T. BettertonSecretary of the Board

The Oakland Tribune, #278942September 10, 2003

PORTORDINANCE NO. 3767

The 0.1 k land Tribune

I am a citizen of the United States; I am over the age of eighteenyears, Lind not s party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

' • lare that The Oakland Tribune is a newspaper of general.dial ion as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen rt tvoked, vacated, or set aside.

I declare that Me notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not ill any supplement thereof on the followingdates, In wit:

9/10/03

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

Public Notice Advertising Clerk

Page 46: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3766

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION ANDDELIVERY OF QUITCLAIM DEEDS TO THE STATE OF CALIFORNIA("STATE"), OF AN AMENDMENT TO PORT LEASE WITH CROWN CASTLEGT COMPANY LLC ("CROWN") AND OF AN AMENDMENT TO PORT LEASEWITH SPRINT SPECTRUM L.P. ("SPRINT"), AND AUTHORIZING THEACCEPTANCE OF TRANSFER BY THE STATE TO THE PORT OF CERTAINPROPERTY INTERESTS IN LAND AT AND ADJACENT TO FORMEROAKLAND ARMY BASE("OAB").

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

Section 1. Lands Identified and Described. The lands that arereferred to in this ordinance as Parcels 8-16, and which are subjectto the Board's findings and determinations in Section 2 below, arelocated within the Port Area of the City of Oakland, and are moreparticularly described as follows:

(a) Parcel 8 (Horseshoe Ramp Area). Parcel 8,sometimes referred to as the "Horseshoe Ramp" area,consists of approximately 2.923 acres of upland area,located generally underneath the State's freeway structuresin the vicinity of the 1-80 Oakland San Francisco BayBridge ("Bay Bridge") Toll Plaza, and is the same as"Parcel 1 (50561-1)" referred to in the Grant Deed(Corporation) from the Port to the State recorded February2, 1995 (the "Existing Parcel 8 Deed") as document95028117 in the Official Records of Alameda County("Official Records").

(b) Parcel 9. Parcel 9 consists of approximately 4.8acres of upland area, located generally contiguous to andnortherly of the most westerly upland portion of the formerOAB sometimes referred to as the OAB "spit", and isotherwise surrounded by State-owned land. There arepresently located within Parcel 9 a Port-owned billboardand the Port-granted leasehold premises occupied by Crown,Sprint and Nextel Communications.

Page 47: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

(c) Parcel 10. Parcel 10 consists of approximately0.331 acres of upland area, located adjacent to and southof the Bay Bridge, west of Parcel 9 and contiguous to andnortherly of the OAB "spit", and is otherwise surrounded byState-owned land.

(d) Parcels 11 and 16. Parcels 11 and 16, whichcumulatively consist of approximately 67.991 of water area,are narrow strips of property contiguous to each other andrun generally east (Parcel 11) to west (Parcel 16), and arelocated adjacent to and northerly of the present Bay BridgeToll Plaza and Bay Bridge. All of Parcel 16 is contiguousto and northerly of Parcel 15 (described in Section1(e)below). Portions of Parcel 11 are contiguous to andnortherly of Parcel 12 (described in Section 1(e) below).

(e) Parcels 12, 13, 14 and 15. Parcels 12, 13, 14 and15 cumulatively consist of approximately 84.462 acres.Parcels 12 and 15, which are contiguous to each other, arenarrow strips of property that run east (Parcel 12) to west(Parcel 15) and they are located generally contiguous toand northerly of the Bay Bridge and contiguous to andsoutherly of Parcels 11 and 16. Parcel 13 is locatedcontiguous to and westerly of Parcel 10, Parcel 14 islocated contiguous to and westerly of Parcel 13 and Parcels13 and 14 are located generally contiguous to and southerlyof the Bay Bridge. Parcels 12 and 15, and Parcels 13 and 14are portions of Parcel A and Parcel B respectively, of thesubmerged lands that the Port transferred to the State byAgreement and Conveyance dated December 31, 1941, andrecorded February 14, 1942, in Book 4186 of OfficialRecords, Page 156 (4186 O.R. 156) in the Official Records.

Section 2. Provisions Applicable to Findings and Determinationand Approvals. The Board's findings and determinations in Section 3below, and the Board's approvals in Section 4 below, are subject to:(a) The Port's acquisition from the State of property interests in,and in accordance with the provisions of, Section 5 below; and (b)The reservations and conditions referred to in Section 4 below.Compliance with the immediately preceding Sections 2(a) and 2(b) shallbe determined in the sole discretion of the Executive Director and thePort Attorney.

Section 3. Board Findings and Determinations.

(a) Subject to the applicable provisions in Section 2above, the Board hereby finds and determines that Parcels8,9 and 11-16 have become unnecessary for port purposes andharbor development.

(b) Subject to the applicable provisions in Section 2above, and based upon the information provided to the Boardregarding revenues generated by the parcels of land

2

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identified in Section 1 hereof, the Board hereby finds anddetermines that the disposition of the Port Facilities (asdefined in that certain Master Trust Indenture of the Portof Oakland, dated as of November 1, 1989, as amended)authorized under and in accordance with the terms andconditions of this ordinance is permitted under theprovisions of Section 5.13(b) of said Master TrustIndenture, and the Board further directs the ChiefFinancial Officer to deposit and use the proceeds (if any)of said disposition in accordance with the provisions ofsaid Section 5.13.

Section 4. Board Approval of Port Transfers to the State withRespect to Parcels 8-16.

(a) Parcels 8, 9 and 11-16: Based upon the findingsand determinations made in Section 3 above, and subjectboth to the Port's acquisition from the State of theproperty interests in, and in accordance with theprovisions of, Section 5 below, and to the provisions ofSection 6 below the Board hereby approves and authorizesthe Port's execution and delivery of quitclaim deed(s) andan agreement or agreements with the State which provide forthe transfer to the State of the Port's right, title andinterest in Parcels 8, 9 and 11-16, subject, however, (1)as to all such Parcels, to a reverter to the Port inaccordance with Section 1 of Chapter 96, CaliforniaStatutes of 1937, upon the cessation of the use of saidParcels for construction, operation or maintenance of abridge, bridge approaches, highways, or transportationfacilities thereof or thereto, or structures or facilitiesin connection therewith (the "1937 Statute Reverter"), (2)as to Parcel 9, reservation of an exclusive and perpetualeasement for the Port to use the sites and the improvementsthereon where presently there is located the Port'sbillboard and/or the telecommunication facilities of Porttenants, as said sites may be reconfigured, in accordancewith the agreements entered into in accordance with thisordinance, to accommodate the State's proposed improve-ments, for billboard and telecommunication purposes,together with access rights within Parcel 9 to such sitesand such other rights as determined necessary by theExecutive Director and the Port Attorney to assure thePort's adequate and continued use of Parcel 9 generallycomparable to its present use by the Port, and theagreement by the State to provide the Port access to andfrom Parcel 9 over property owned or controlled by theState and (3) as to Parcel 8, reservation of an exclusiveeasement for a period of up to five years for the Port touse Parcel 8 for the uses allowed the Port under theExisting Parcel 8 Deed.

3

95736

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(b) Parcel 10. Subject to both the Port's acquisitionfrom the State of the property interests described in, andin accordance with the provisions of, Section 5 below, andto the provisions of Section 6 below, the Board herebyapproves and authorizes the execution and delivery of aquitclaim easement deed and agreement to the State whichprovides to the State, subject to the 1937 StatuteReverter, an eleven year temporary construction easement inParcel 10, subject to the Port's reservation of theexclusive right to enter, occupy, operate, modify, demolishand replace the existing building on Parcel 10, access overParcel 10 to and from said building, and the nonexclusiverights to make other modifications to Parcel 10 which donot unreasonably interfere with the State's use of Parcel10, and subject to the State's agreement to provide thePort at all times (including after termination of theState's temporary construction easement) reasonableautomobile access areas over property owned or controlledby the State for purposes of access by the Port to and fromParcel 10.

Section 5. Board Approval of Acquisitions by Port from the Statewith Respect to Parcels 2, 2A, 1 and 1A.

(a) Parcels 2 and 2A. The Board hereby approves andauthorizes the Executive Director on behalf of the Board toaccept and enter into, respectively, a quitclaim easementdeed and agreement with the State whereby the Statequitclaims to the Port with respect to Parcels 2 and 2A (asParcels 2 and 2A are described in this Section 5 (a)) anexclusive, irrevocable, perpetual, and unconditionaleasement to construct, replace, maintain, repair andoperate railroad improvements and such other improvementsas the Executive Director may determine appropriate ornecessary in connection with the redevelopment and use ofthe OAB, subject to such reservations, conditions and otherprovisions as may be approved by the Executive Director andthe Port Attorney. Parcel 2 consists of up to approximately4.439 acres of land and Parcel 2A consists of up toapproximately 0.072 acres of land contiguous to Parcel 2.Parcels 2 and 2A are located generally under the West GrandAvenue State freeway structures which the Federal HighwayAdministration ("FHWA"), by deed dated February 11, 2002and recorded on February 13, 2002, in the Official Recordsas Document No. 200207236 (the "FHWA Deed"), together withother contiguous property, transferred as "Parcel 56444" tothe State. Parcels 2 and 2A constitute the most westerlyportions of FHWA Deed Parcel 56444.

(b) Parcels 1 and 1A. The Board hereby approves andauthorizes the Executive Director on behalf of the Board toaccept and enter into, respectively, a quitclaim easementdeed and agreement with the State whereby the State

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quitclaims or otherwise transfers to the Port with respectto Parcels 1 and lA (as said Parcels are described below inthis Section 5 (b)) either (i) all of the State's interest,(ii) an exclusive, irrevocable, perpetual, andunconditional easement, or (iii) a 66-year lease, whichallows the Port to use Parcels 1 and lA for purposes oftruck parking, public roadways, utilities and landscaping,provided that use of Parcel lA may be limited to tractorsand flatbed trailers that does not include any trucks withenclosed trailers or containers mounted on flatbeds.Parcel 1 consists of approximately 0.263 acres of land andParcel lA consists of approximately 1.332 acres of landcontiguous to Parcel 1 and located under the State'sfreeway structures. Parcels 1 and lA were transferred tothe State as "Parcel 50143" by the FHWA Deed. The Board'spreference is for a quitclaim of all of the State'sinterest in Parcel 1 and an easement in Parcel 1A, and anylease must not be less than 66 years or allow for anytermination except for cause (default).

Section 6. Other Provisions and Conditions Concerning PortTransfers to the State.

(a) Extinguishment of Section J Reverter in FHWA Deed.Parcels 2, 2A, 1 and lA are vital to the Port's maritimeexpansion. Parcels 2 and 2A provide the only rail accessinto portions of the former OAB now under the control ofthe Port and into the Port's planned future jointintermodal rail terminal expansion within the otherportions of the former OAB property to which the Port isnow legally entitled. The Port plans to develop theportions of the former OAB in order to meet the maritimecontainer throughput requirements of the San Francisco BayConservation and Development Commission ("BCDC") and theMetropolitan Transportation Commission San Francisco BaySeaport Plan and the BCDC Bay Plan. The Port will need toissue bonds and incur significant expenses in reliance onthe rights transferred to the Port under Section 5 in orderto accomplish such development. Accordingly, it isessential that the State fully cooperate with the Port insecuring from the United States of America as soon aspracticable a quitclaim or such other release or otherprotection as may be available for the benefit of the Portwith respect to the reverter contained in Section J of theFHWA Deed. The Board hereby approves and authorizes theExecutive Director and the Port Attorney on behalf of theBoard to enter into such agreements with, and accept suchtransfers or conveyances from, the United States of Americaas the Executive Director and the Port Attorney reasonablydetermine are appropriate and consistent with theprovisions of this Section 6. The Board authorizes thetransfer of the rights to the State which are described inSection 4 above, and the dismissal of the litigation that

5

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is described in Section 8 below, only upon the PortAttorney's determination that: (1) Such quitclaim, or otherrelease or protection, has been accomplished whichreasonably will protect the financial and operationalfeasibility of the Port's planned maritime expansion andnew rail facilities, or that the State has fully cooperatedwith the Port in doing all that was practicable for theState to do to accomplish such quitclaim, or other releaseor protection; and (2) That FHWA has taken the appropriateactions within its reasonable control and authority tofacilitate such a quitclaim or such other release orprotection.

(b) Compensation. The Port shall not be required tocompensate the State or the United States of American forany acquisition by the Port in accordance with Section 5above, for any benefit to the Port or any right, title orinterest reserved to the Port or provided to the Port inany quitclaim and agreement referred to in Section 4 above,or for the quitclaim or such other release or otherprotection provided to the Port by the FHWA or by any otherFederal Agency with respect to the Section J reverter inthe FHWA Deed in accordance with Section 6(a) above, and,in consideration therefor, the State shall not be requiredto compensate the Port for any of the transfers by the Portto the State made in accordance with this ordinance.However, the Board does not intend by anything in thisordinance to authorize any acquisition or use of Portproperty by the State, including any acquisition or use ofParcels 8-16, except in accordance with this ordinance. Inaddition, nothing in this ordinance, or in any agreemententered into, transfer made by or transfer accepted by theBoard by the authority granted by this ordinance, isintended by the Board to acknowledge any power or right byany State or other public agency to acquire by eminentdomain any interest in Port lands conveyed to the City ofOakland by Chapter 657, Statutes of 1911, as amended, andin any event the Board asserts that the State is obligatedto compensate the Port fully for any use or acquisition ofPort land if the use or acquisition is not in accordancewith the provisions of this ordinance.

Section 7. Amendments to Leases with Crown and Sprint. The Boardhereby approves and authorizes the Executive Director for and onbehalf of the Board to enter into an agreement amending that certainLease dated December 19, 1989, between the Port and GTE MOBILNET OFCALIFORNIA LIMITED PARTNERSHIP ("GTE") , as amended, assigned with theconsent of the Board to Crown, and an agreement amending that certainWireless Telecommunications Lease Agreement between the Port andSprint dated April 21, 1998, to provide, respectively, for amodification of the boundaries of Crown's leased premises and theboundaries of Sprint's lease premises within Parcel 9 to account forthe proposed Port transfer of Parcel 9 to the State in accordance with

6

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Page 52: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

this ordinance and for such other modifications to the leases as maybe appropriate to account for the necessity to relocate Crown's andSprint's facilities within the lease premises to new areas withinParcel 9 that the Port will lease to Crown and Sprint respectivelyunder the Port's reserved easement in Parcel 9.

Section 8. Dismissal of Litigation. The Port and certain otherparties are plaintiffs in litigation entitled City of Oakland, et. al. v. California Department of Transportation, et al., Sacramento CountySuperior Court Case No. 02CS00391 and City of Oakland, et. al. v. Federal Highway Administration, et. al., United States District Court,Northern District of California, No. C 02-01307 SI MED) (collectively,the "Litigation") . The Board hereby authorizes the Port Attorney,with respect to the Port, to enter into such stipulations and otheragreements regarding the Litigation, and to dismiss the Litigationwith prejudice as to all defendants, the Port and all defendants tobear their own costs and attorney fees, upon the Port Attorney'sreasonable determination that the State has complied with the terms ofthat certain Settlement Agreement among the Port, the State ofCalifornia Department of Transportation, the Oakland RedevelopmentAgency and the Oakland Base Reuse Authority, signed by representativesof said parties on July 30, 2003, including, without limitation,transferring to the Port the interests in Parcels 2, 2A, 1 and 1A onterms and conditions acceptable to the Executive Director and PortAttorney and complying with the provisions of Section 6 (a) above withrespect to Section J of the FHWA Deed, and that the FHWA has taken theactions described in Section 6(a)(2) above, all to the reasonablesatisfaction of the Port Attorney.

Section 9. Form and Legality of Documents. All agreements andtransfer documents authorized by this ordinance shall be subject tothe prior approval as to form and legality by the Port Attorney.

Section 10. Authority of Ordinance. This ordinance is notevidence of and does not create or constitute (a) a contract or thegrant or transfer of any right, 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, delivery and/or acceptance of certaintransfers, agreements and stipulations in accordance with the terms ofthis ordinance. Unless and until a separate written transferdocument, agreement or stipulation is prepared which, in the opinionof the Executive Director (other that with respect to Litigationdocuments) and the Port Attorney is in accordance with this ordinance,is executed on behalf of this Board, is signed as approved as to formand legality by the Port Attorney, and is delivered to the State orthe parties to the Litigation or their attorneys (as the case may be),there shall be no valid or effective transfer document, agreement,stipulation or any obligation to dismiss the Litigation so far asconcerns the Board.

7

45736

Page 53: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 11. Effective Date of Ordinance. With respect to thetransfers to the State approved and authorized by Section 4 above andthe amendments to the leases with Crown and Sprint approved andauthorized by Section 7 above, this ordinance shall take effect thirtydays from and after its final adoption. With respect to the remainderof this ordinance, this ordinance shall take effect upon its finaladoption.

In Board of Port Commissioners, Oakland, California, September 2,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kiang, Kramer, Scatesand President Protopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held September 16, 2003

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Scates and President Protopappas - 5

None

Commissioners Kiang and Kramer

Attea

Appr d legality :

Noes:

Absent:

45736

Page 54: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3765

AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF ANOPTION AGREEMENT WITH OAKLAND HARBOR PARTNERS, LLC.

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

Section 1. The Board of Port Commissioners ("Board") herebyapproves an Option Agreement between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board and OAKLAND HARBORPARTNERS, LLC ("OHP"), as Optionee, for approximately 60 acres of Port-owned property bounded by Oak Street and 9th Avenue, the Embarcadero andthe Oakland Estuary, for an initial option term of 24 months followingthe effective date of the Option Agreement and otherwise upon terms andconditions consistent with those set forth in Board Agenda Sheet ItemNn r - 2 qpntpmhpr 2. 2nrn. (hprpin "Arrpnri ql-ippt"1standard terms and conditions as specified in the Option Agreement andapproved by the Executive Director. The Board also approvessubsequent agreements and documents in accordance with this ordinance,provided that such agreements and documents are consistent with theterms and conditions described above and in the Agenda Sheet, as mayreasonably be determined by the Executive Director and the PortAttorney.

Section 2. The Executive Director is hereby authorized to executesaid Option Agreement.

Section 3. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Guidelines Section 15352.

Section 4. This ordinance is not evidence of and does not createor constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Option Agreementin accordance with the terms of this ordinance. Unless and until aseparate written Option Agreement is duly executed on behalf of theBoard as authorized by this ordinance, is signed and approved as to formand legality by the Port Attorney, and is delivered to Optionee, thereshall be no valid or effective Option Agreement.

45748

Page 55: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Absent: Commissioners Ayers-Johnson and Batar e - 2

Refused: Commissioner Kiang -

Atte

Approd as to fgrm fd legality :

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

In Board of Port Commissioners, Oakland, California, September 2,2003 Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Scates andPresident Protopappas - 6. Noes: None. Absent: Commissioner Kiang -1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held October 7 , 2003

By the following Vote:

Ayes: Commissioners Katzoff, Kramer, Scates and PresidentProtopappas – 4

Noes: None

45748

Page 56: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Oakland TribuneLegal No. 0000278934

do ANG Newspapers401 13th StreetOakland, CA 94612Le' dvertising(8(.. ,95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO.3765

The Oakland Tribune

I am a citizen of the United States; 1 am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. 1 am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

..alation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

9/10/03

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

Public Notice Advertising Clerk

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3765

AN ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION OF AN OPTION AGREEMENT WITH OAKLAND HAR-

BOR PARTNERS, LLC.

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

Section 1. The Board of Port Commissioners ("Board") hereby approves an Option Agree-ment between the CITY OF OAKLAND, a municipal corporation, acting by and through theBoard and OAKLAND HARBOR PARTNERS, LLC ("OHP"), as Optionee, for approximately 60acres of Port-owned property bounded by Oak Street and 9th Avenue, the Embarcadero andthe Oakland Estuary, for an initial option term of 24 months following the effective date of theOption Agreement and otherwise upon terms and conditions consistent with those set lorth inBoard Agenda Sheet Item No. C-2 dated September 2, 2003, (herein "Agenda Sheer) andsuch standard terms and conditions as specified in the Option Agreement and approved bythe Executive Director. The Board also approves subsequent agreements and documents inaccordance with this ordinance, provided that such agreements and documents are consistentwith the terms and conditions described above and in the Agenda Sheet, as may reasonablybe determined by the Executive Director and the Port Attorney.

Section 2. The Executive Director is hereby authorized to execute said Option Agreement.Section 3. The Board hereby finds and determines that this project has been determined

to be categorically exempt from requirements of the California Environmental Quality Act andthe Port CEQA Guidelines pursuant to Guidelines Section 15352.

Section 4. This ordinance is not evidence of and does not create or constitute (a) a con-tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li-ability on the part of the Board or any officer or em ployee of the Board. This ordinance appro-ves and authorizes the execution of said Option Agreement in accordance with the terms ofthis ordinance. Unless and until a separate written Option Agreement is duly executed on be-half of the Board as authorized by this ordinance, is signed and approved as to form and legali-ty by the Port Attorney, and Is delivered to Optionee, there shall be no valid or effective OptionAgreement,

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

In Board of Port Commissioners, Oakland, California, September 2, 2003. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Scates and President Protopappas - 6. Noes: None. Absent: Commissioner Kiang -1.

John T. BettertonSecretary of the Board

The Oakland Tribune, #278934September 10, 2003

Page 57: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3764

AN ORDINANCE APPROVING AND AUTHORIZINGEXECUTION OF LEASES WITH THE UNITED STATESOF AMERICA, DEPARTMENT OF TRANSPORTATION,FEDERAL AVIATION ADMINISTRATION FOR THEOPERATION OF PRECISION APPROACH PATHINDICATOR LIGHT SYSTEMS (NORTH AND SOUTHAIRPORTS).

WHEREAS in consideration of the matters set forth in AgendaSheet Item No. A9, dated September 2, 2003, and the desirability tosupport air traffic control related weather-reporting andcommunications activities at the Metropolitan Oakland InternationalAirport; now, therefore,

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

Section 1. That certain Leases For Use of Real Propertybetween the CITY OF OAKLAND, a municipal corporation, acting by andthrough this Board, as Grantor, and the UNITED STATES OF AMERICA,DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ("FAA"),for operation of Precision Approach Path Indicator Light Systems(North and South Airports), from October 1, 2003 through September 30,2013, for consideration of the provision of air traffic controlservices by the FAA, at the Metropolitan Oakland International Airportat the following locations and for the approximate parcel sizes on theNorth Airport: 60,000 square feet on Runway 27L, 60,000 square feet onRunway 9R, 60,000 square feet on Runway 9L; and on the South Airport,60,000 square feet on Runway 11, and 60,000 square feet on Runway 29,as more fully set forth in Agenda Sheet Item No. A8, dated September2, 2003.

Section 2. The Executive Director is hereby authorized toexecute said Leases provided 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, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This Ordinance approves and authorizes the execution of a contract,Lease or grant of rights in accordance with the terms of this

45699

Page 58: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Commissioners Kiang and Kramer -

Atte

Ordinance. Unless and until a separate written contract, Lease orGrant is duly executed on behalf of the Board as authorized by thisOrdinance, is signed as approved as to form and legality by the PortAttorney, and is delivered to the contracting party, lessee orgrantee, there shall be no valid or effective contract, Lease orgrant.

Section 4. This Ordinance shall take effect 30 days fromand after its final adoption. After this Ordinance becomes effective,and the conditions set forth in Section 3 for a valid and effectivecontract, Lease or grant are satisfied, the Port Attorney is herebyauthorized and directed to record said Lease.

In Board of Port Commissioners, Oakland, California,September 2, 2003. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Scatesand President Protopappas - 6. Noes: None. Absent: CommissionerKiang - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held September 16, 2003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff,Scates and President Protopappas - 5

None

App ved as to fprm egality:

Ayes:

Noes:

Absent:

45699

Page 59: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,0 \ KLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3764

The Oakland Tribune

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

C'

Public Notice Advertising Clerk

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3764

AN ORDINANCE APPROVING AND AU-THORIZING EXECUTION OF LEASES WITH

THE UNITED STATES OF AMERICA, DE-PARTMENT OF TRANSPORTATION, FED-ERAL AVIATION ADMINISTRATION FOR

THE OPERATION OF PRECISION AP-PROACH PATH INDICATOR LIGHT SYS-TEMS (NORTH AND SOUTH AIRPORTS).

WHEREAS in consideration of the mattersset forth in Agenda Sheet Item No. A9, datedSeptember 2, 2003, and the desirability tosupport air traffic control related weather-reporting and communications activities atthe Metropolitan Oakland International Air-port; now, therefore,

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

Section 1. That certain Leases For Use ofReal Property between the CITY OFOAKLAND, a municipal corporation, actingby and through this Board, as Grantor, andthe UNITED STATES OF AMERICA, DEPART-MENT OF TRANSPORTATIONFEDERALAVI-ATION ADMINISTRATION ("FAA"), for opera-tion of Precision Approach Path IndicatorLight Systems (North and South Airports),from October 1, 2003 through September 30,2013, for consideration of the provision of airtraffic control services by the FAA, at the Met-ropolitan Oakland International Airport at thefollowing locations and for the approximateparcel sizes on the North Airport: 60,000square feet on Runway 27L, 60,000 squarefeet on Runway 9R, 60,000 square feet onRunway 9L; and on the South Airport, 60,000square feet on Runway 11, and 60,000square feet on Runway 29, as more fully setforth in Agenda Sheet Item No. A8, datedSeptember 2, 2003.

Section 2. The Executive Director is here-by authorized to execute said Leases provid-ed that it has been approved as to form andlegality by the Port Attorney.

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 pad of the Board or anyofficer or employee of the Board. This Ordi-nance approves and authorizes the execution01 a contract, Lease or grant of rights in ac-cordance with the terms of this Ordinance.Unless and until a separate written contract,Lease or Grant is duly executed on behalf ofthe Board as authorized by this Ordinance, issigned as approved as to form and legality bythe Port Attorney, and Is delivered to the con-tracting party, lessee or grantee, there shallbe no valid or effective contract, Lease orgrant.

Section 4. This Ordinance shall take ef-fect 30 days from and after its final adoption.After this Ordinance becomes effective, andthe conditions set forth in Section 3 for a validand effective contract, Lease or grant are sat-isfied, the Port Attorney is hereby authorizedand directed to record said Lease.

In Board of Port Commissioners, Oakland,California, September 2, 2003. Passed toprint for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse,Katzolf, Kramer, Scates and PresidentProtopappas - 6. Noes: None. Absent: Com-missioner Kiang - 1.

John T. BettertonSecretary of the Board

The Oakland Tribune, #278948September 10, 2003

I am a citizen or the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. 1 am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

Fire that The Oakland Tribune is a newspaper of generalion as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen -evoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has bccn published in each regular and entire issue of saidnewspaper and mot in any supplement thereof on the followingdates, to wit:

9/10/03

Legal No. 0000278948MAU Tribune

Page 60: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3763

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF A LEASE WITH THE UNITED STATES OF AMERICA,DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATIONADMINISTRATION FOR THE OPERATION OF REMOTETRANSMITTER/RECEIVER FACILITY.

WHEREAS in consideration of the matters set forth in AgendaSheet Item No. A8, dated September 2, 2003, and the desirability tosupport air traffic control related weather-reporting andcommunications activities at the Metropolitan Oakland InternationalAirport; now, therefore,

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

Section 1. That certain Lease For Use of Real Propertybetween the CITY OF OAKLAND, a municipal corporation, acting by andthrough this Board, as Grantor, and the UNITED STATES OF AMERICA,DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ("FAA"),for operation of Remote Transmitter / Receiver Facility (#1 AirportDrive, South Airport), from October 1, 2003 through September 30,2008, for consideration of the FAA providing air traffic controlservices, at the Metropolitan Oakland International Airport, as morefully set forth in Agenda Sheet Item No. A8, dated September 2, 2003.

Section 2. The Executive Director is hereby authorized toexecute said Lease provided 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, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This Ordinance approves and authorizes the execution of a contract,Lease or grant of rights in accordance with the terms of thisOrdinance. Unless and until a separate written contract, Lease orGrant is duly executed on behalf of the Board as authorized by thisOrdinance, is signed as approved as to form and legality by the PortAttorney, and is delivered to the contracting party, lessee orgrantee, there shall be no valid or effective contract, Lease orgrant.

95698

Page 61: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

grantee, there shall be no valid or effective contract, Lease orgrant.

Section 4. This Ordinance shall take effect 30 days fromand after its final adoption. After this Ordinance becomes effective,and the conditions set forth in Section 3 for a valid and effectivecontract, Lease or grant are satisfied, the Port Attorney is herebyauthorized and directed to record said Lease.

In Board of Port Commissioners, Oakland, California,September 2, 2003. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Scatesand President Protopappas - 6. Noes: None. Absent: CommissionerKiang - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held September 16, 200 3

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff,Scates and President Protopappas - 5

None

Commissioners Kiang and Kramer

Attes

Ayes:

Noes:

Absent:

45698

Page 62: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PR OF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3763

The Oakland Tribune

1 am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

Aare that The Oakland Tribune is a newspaper of generalL..—ulation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

9/10/03

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

Public Notice Advertising Clerk

Legal No. 0000278922

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3763

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LEASE WITHTHE UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL

AVIATION ADMINISTRATION FOR THE OPERATION OF REMOTETRANSMITTER/RECEIVER FACILITY.

WHEREAS in consideration of the matters set forth in Agenda Sheet Item No. A8, datedSeptember 2, 2003, and the desirability to support air traffic control related weather-reportingand communications activities at the Metropolitan Oakland International Airport; now,therefore,

BE IT ORDAINED by the Board of Port Commissioners al the City of Oakland as follows:Section 1. That certain Lease For Use of Real Property between the CITY OF OAKLAND, a

municipal corporation, acting by and through this Board, as Grantor, and the UNITED STATESOF AMERICA, DEPARTMENTOF TRANSPORTATION,FEDERALAVIATIONADMINISTRATIOls("FAA"), for operation of Remote Transmitter / Receiver Facility (#1 Airport Drive, SouthAirport), from October 1, 2003 through September 30, 2008, for consideration of the FAA pro-viding air traffic control services, at the Metropolitan Oakland International Airport, as morefully set forth in Agenda Sheet Item No. A8, dated September 2, 2003,

Section 2. The Executive Director is hereby authorized to execute said Lease provided thatit has been approved as to form and legality by the Port Attorney.

Section 3. This Ordinance is not evidence of and does not create or constitute (a) a con -tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li -ability on the part of the Board or any officer or employee of the Board, This Ordinance appro -yes and authorizes the execution of a contract, Lease or grant of rights in accordance with theterms of this Ordinance. Unless and until a separate written contract, Lease or Grant is dulyexecuted on behalf of the Board as authorized by this Ordinance, is signed as approved as toform and legality by the Port Attorney, and is delivered to the contracting party, lessee or grant -ee, there shall be no valid or effective contract, Lease or grant.

Section 4. This Ordinance shall take effect 30 days from and after its final adoption. Afterthis Ordinance becomes effective, and the conditions set forth in Section 3 for a valid and effective contract, Lease or grant are satisfied, the Port Attorney is hereby authorized and directedto record said Lease.

In Board of Port Commissioners, Oakland, California, September 2, 2003, Passed to printlor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzaff,Kramer, Scates and President Protopappas - 6. Noes: None. Absent: Commissioner Kiang -1.

John T. BettertonSecretary of the Board

The Oakland Tribune, #278922September 10, 2003

Page 63: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3762

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTIONOF A LEASE WITH THE UNITED STATES OF AMERICA,DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATIONADMINISTRATION FOR THE OPERATION OF AUTOMATEDSURFACE OBSERVING SYSTEM EQUIPMENT.

WHEREAS in consideration of the matters set forth in AgendaSheet Item No. A7, dated September 2, 2003, and the desirability tosupport air traffic control related weather-reporting andcommunications activities at the Metropolitan Oakland InternationalAirport; now, therefore,

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

Section 1. That certain Lease For Use of Real Propertybetween the CITY OF OAKLAND, a municipal corporation, acting by andthrough this Board, as Grantor, and the UNITED STATES OF AMERICA,DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ("FAA"),for operation of Automated Surface Observing System (ASOS) equipmentin the vicinity of Runway 11-29 on the South Airport, #1 AirportDrive, South Airport, [as well as certain areas within the Air TrafficControl Tower], from October 1, 2003 through September 30, 2008, forconsideration of the FAA providing air traffic control services, atthe Metropolitan Oakland International Airport, as more fully setforth in Agenda Sheet Item No. A7, dated September 2, 2003.

Section 2. The Executive Director is hereby authorized toexecute said Lease provided 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, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board.This Ordinance approves and authorizes the execution of a contract,Lease or grant of rights in accordance with the terms of thisOrdinance. Unless and until a separate written contract, Lease orGrant is duly executed on behalf of the Board as authorized by thisOrdinance, is signed as approved as to form and legality by the PortAttorney, and is delivered to the contracting party, lessee or

45694

Page 64: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Absent: Commissioners Kiang and Kramer -

Attest

grantee, there shall be no valid or effective contract, Lease orgrant.

Section 4. This Ordinance shall take effect 30 days fromand after its final adoption. After this Ordinance becomes effective,and the conditions set forth in Section 3 for a valid and effectivecontract, Lease or grant are satisfied, the Port Attorney is herebyauthorized and directed to record said Lease.

In Board of Port Commissioners, Oakland, California,September 2, 2003. Passed to print for one day by the following vote:Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Scatesand President Protopappas - 6. Noes: None. Absent: CommissionerKiang - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held September 16, 2003

By the following Vote:

Commissioners Ayers-Johnson, Batarse, Katzoff,Scates and President Protopappas - 5

Noes: None

Ayes:

Appro d aS to fO M

Port Att ney

45694

Page 65: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Oakland Tribunec/o ANG Newspapers401 13th StreetOakland, CA 94612Le Avertising(81, , J95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

Pii0OF CF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3762

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

-;lare that The Oakland Tribmie is a newspaper of general.,ulation as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

9/10/03

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

Public Notice Advertising Clerk

Legal No. 0000278906

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3762

AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A LEASE WITH THE UNITED STATES OF AMERICA,

DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION FOR THEOPERATION OF

AUTOMATED SURFACE OBSERVING SYSTEM EQUIPMENT.

WHEREAS in consideration of the matters set forth in Agenda Sheet Item No. A7, datedSeptember 2, 2003, and the desirability to support air traffic control related weather-reportingand communications activities at the Metropolitan Oakland International Airport; now,therefore,

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

Section 1. That certain Lease For Use of Real Property between the CITY OF OAKLAND,a municipal corporation, acting by and through this Board, as Grantor, and the UNITEDSTATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION AD-MINISTRATION ("FAA"), for operation of Automated Surface Observing System (ASOS) equip-ment in the vicinity of Runway 11-29 on the South Airport, #1 Airport Drive, South Airport, [aswell as certain areas within the Air Traffic Control Tower], from October 1, 2003 through Sep-tember 30, 2008, for consideration of the FAA providing air traffic control services, at the Metro-politan Oakland International Airport, as more fully set forth in Agenda Sheet Item No. A7, dat-ed September 2, 2003.

Section 2. The Executive Director is hereby authorized to execute said Lease provided thatit has been approved as to form and legality by the Port Attorney.

Section 3. This Ordinance is not evidence of and does not create or constitute (a) a con-tract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or li-ability on the part of the Board or any officer or employee of the Board. This Ordinance appro-ves and authorizes the execution of a contract, Lease or grant of rights in accordance with theterms of this Ordinance. Unless and until a separate written contract, Lease or Grant is dulyexecuted on behalf of the Board as authorized by this Ordinance, is signed as approved as toform and legality by the Port Attorney, and is delivered to the contracting party, lessee or grant-ee, there shall be no valid or effective contract, Lease or grant.

Section 4. This Ordinance shall take effect 30 days from and after its final adoption. Afterthis Ordinance becomes effective, and the conditions set forth in Section 3 for a valid and effec-tive contract, Lease or grant are satisfied, the Port Attorney is hereby authorized and directedto record said Lease.

In Board of Port Commissioners, Oakland, California, September 2, 2003. Passed to printfor one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Scates and President Protopappas - 6. Noes: None. Absent: Commissioner Kiang -1.

John T. BettertonSecretary of the Board

The Oakland Tribune, #278926September 10, 2003

Page 66: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3761

AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH THE UNITED STATES OFAMERICA.

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

Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and the UNITED STATES OFAMERICA ("USA"), as Lessee, for Building D-504, containingapproximately 8,000 square feet of office and related space, at 700Maritime Street for the purpose of housing the U.S. Customs ServicePort of San Francisco, East Bay Operations, Oakland, California, insaid space, at no rent, for a term of five years and otherwise upon

Sheet Item No. M-1 dated August 4, 2003, and such standard terms andconditions as specified in the Lease and approved by the ExecutiveDirector. The Board also approves subsequent agreements which amendthe Lease entered into in accordance with this ordinance, providedthat the amendments are consistent with the terms and conditionsdescribed above and in the Agenda Sheet, as may reasonably bedetermined by the Executive Director and the Port Attorney.

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 inaccordance with the terms of this ordinance. Unless and until aseparate written Lease is duly executed on behalf of the USA, and onbehalf of the Board as authorized by this ordinance, is signed asapproved as to form and legality by the Port Attorney, and is deliveredafter such execution by the Port to the USA and by the USA to the Port,there shall be no valid or effective Lease.

45401

Page 67: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Absent:Commissioner Kiang - 1

Attest

Appr d legality:

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

In Board of Port Commissioners, Oakland, California, August 5,2003. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Batarse, Katzoff, Kiang, Kramer, Scates and PresidentProtopappas - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular nmAAttmWer 2, 2003

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Scates and President Protopappas - 6

Noes:None

45401

Page 68: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000270768

PORT ORDINANCE NO. 3781

AN ORDINANCE APPROVING AND AU-THORIZING THE EXECUTION OF LEASE

WITH THE UNITED STATES OF AMERICA.

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

Section 1. The Board of Port Commission-ers ("Board") hereby approves a Lease be-tween the CITY OF OAKLAND, a municipalcorporation, acting by and through theBoard, and the UNITED STATES OFAMERICA ("USA"), as Lessee, for Building D-504, containing approximately 8,000 squarefeet of office and related space, at 700 Mari-time Street for the purpose of housing theU.S. Customs Service Port of San Francisco,East Bay Operations, Oakland, California, insaid space, at no rent, for a term of five )fearsand otherwise upon terms and conditionsconsistent with those set forth in Board Agen-da Sheet Item No. M-1 dated August 4, 2003,and such standard terms and conditions asspecified in the Lease and approved by theExecutive Director. The Board also approvessubsequent agreements which amend theLease entered into in accordance with this or-dinance, provided that the amendments areconsistent with the terms and conditions de-scribed above and in the Agenda Sheet, asmay reasonably be determined by the Execu-tive Director and the Port Attorney.

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 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 Lease in accordance with the terms ofthis ordinance. Unless and until a separatewritten Lease is duly, executed on behalf ofthe USA, and on behalf of the Board as au-thorized by this ordinance, is signed as ap-proved as to form and legality by the Port At-torney, and is delivered after such executionby the Port to the USA and by the USA to thePort, there shall be no valid or effectiveanon

Section 4. This ordinance shall take et-iect thirty (30) days from and after its finaladoption.

In Board of Port Commissioners, Oakland,California, August 5, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Batarse, Katzoft,Kiang, Kramer, Scates and PresidentProtopappas - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #270768August 20, 2003

Oakland Tribunedo ANG Newspapers401 13th StreetOa''' 'd, CA 94612

dvertising(800) 595-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

AN ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION OF

I CAC= 1A1171-1 TI-IC I imn-=rt (IC

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

•lare that The Oakland Tribune is a newspaper of a-enteralcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

8/20/03

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

A CPublic Notice Advertising Clerk

Page 69: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO, 3760

ORDINANCE AMENDING SECTIONS 1 AND 2 OF PORTORDINANCE NO. 2832, AS AMENDED, TO EXPAND THEBOUNDARY OF THE OAKLAND AIRPORT BUSINESS PARK,AND TO MAKE RELATED REVISIONS TO THE AIRPORTBUSINESS PARK'S DEVELOPMENT STANDARDS ANDRESTRICTIONS.

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

Section 1. Section 1 of Port Ordinance No. 2832 is hereby amendedto read as follows:

• • -9.0 CSr 41V11 •I• •

PARK11./, 1%././N Vl J. 111,1 1.0 V1%1 1,W US L\ L1 b..7 9.0

For the purposes of this ordinance, the Oakland AirportBusiness Park, hereinafter referred to as the Business Park,is hereby designated as being all that property located inthe "Port Area" of the City of Oakland, County of Alameda,State of California, bounded by the Nimitz Freeway on thenortheast, Hegenberger Road on the southeast, Doolittle Driveon the south and the south bank of the East Creek Slough, ifextended to the Oakland-Alameda line, and the Oakland-Alamedaline at the north and west, excluding therefrom, however,Parcel 1 of that certain real property over which the Boardof Port Commissioners relinquished control and jurisdictionby the adoption of Port Ordinance No. 1235 on August 5, 1963.The parcels on either side of Doolittle Drive southeast ofthe intersection with Hegenberger Road within the Port Areaare also included in the Business Park area. The parcelleased to the City of Oakland for use as a golf course is notincluded in the Business Park area and forms the south andsouthwest boundary of the Business Park (See Exhibit C)."

Section 2. Section 2.1 of Port Ordinance No. 2832, as amended, ishereby amended to read as follows:

"2.1 Use - Each site in the Business Park shall be used formanufacturing, warehousing, processing, laboratory, office,

1

43938

Page 70: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

professional, or research and development activities. Hoteland motel uses shall be permitted in designated areas asshown on the attached Exhibit A, and along Doolittle Drive(See Exhibit C). Fee parking lots shall not be permitted inany area of the Business Park, except that a fee parking lotmay be developed by the Port of Oakland to serve the OaklandInternational Airport during the Terminal Expansion Program.This lot is to be located on the 34-acre parcel north ofSwan Way at the intersection with Pardee Drive, betweenArrowhead Marsh and the UPS sorting facility. No more than4500 parking spaces will be constructed with severalprefabricated structures allowed to service the needs ofworkers and passengers. This exception will expire at suchtime that the parking upgrades included under the TerminalExpansion Program are completed. Retail and othercommercial uses shall be restricted to sales of goods andservices required for the convenience of occupants of theBusiness Park; provided, however, that retail uses in theareas designated as Retail Areas on the attached Exhibit B,or along Doolittle Drive (See Exhibit C), shall not besubject to said restriction. However, any such permittedretail and commercial uses shall not be objectionable ordetrimental, in the determination of the Board, to adjacentproperties by reason of traffic, noise and visual pollution.Automobile service stations (permitted on Oakport Street,Hegenberger Road, Edgewater Drive and Doolittle Drive only),restaurants, banks and certain other uses may be approved bythe Port upon written application. No other uses will bepermitted that shall be construed by the Port as beingobjectionable in a garden-type business park. Applicationfor use approval shall be accompanied by a processing fee,as established by Port Ordinance, which shall be non-refundable and in addition to all other charges and feesrequired by any other agency."

Section 3. Sections 2.1.1, 2.1.2, 2.1.3 and 2.1.4 are herebyadded to Port Ordinance No. 2832, as amended, to read as follows:

"2.1.1 Automobile Service Station Uses and Fast Food Uses -Automobile Service Station uses, including those with

convenience store or restaurant components, and Fast Fooduses, whether located in stand alone facilities orotherwise, and the facilities supporting such uses, shall beconsidered conditional uses and conditionally permittedfacilities. Such uses and facilities shall be subject to theconditional use permit requirements of sections 2.1.2 and2.1.3 of the Airport Business Park Standards andRestrictions. Except as expressly provided elsewhere in theStandards and Restrictions, no new Automobile ServiceStation use or new Fast Food use shall be established or re-established, and no existing Automobile Service Station useor Fast Food use located in the Airport Business Park shallbe expanded, unless the Port of Oakland, according to the

2 43938

Page 71: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Port's applicable building permit and Standards andRestrictions procedures, determines that such new orexpanded Automobile Service Station or Fast Food use, andthe new or expanded facilities supporting such use, complywith the general conditional use permit criteria set forthin sections 2.1.2 of the Airport Business Park Standards andRestrictions. These conditional use permit requirementsshall be in addition to all other environmental, buildingpermit and design review requirements that may be applicableto Automobile Service Station and Fast Food uses proposedfor or located in the Airport Business Park. The provisionsof this section shall not apply to parcels within 1000 feetof the edge of the freeway right-of-way (1-880) where retailuses are allowed per Exhibit B.

2.1.2 General Conditional Use Permit Criteria ForAutomobile Service Station and Fast Food Uses - Except asdifferent criteria are prescribed elsewhere in the AirportBusiness Park Standards and Restrictions, a conditional usepermit shall be granted only if the proposal conforms to allof the following general use permit criteria, as well as toany and all other applicable use permit criteria:

A. That the location, size, design and operatingcharacteristics of the proposed developmentwill be compatible with and will notadversely affect the livability orappropriate development of abuttingproperties and the surrounding neighborhood,with consideration to be given to: harmony inscale, bulk, coverage, and density; theavailability of similar facilities andutilities; harmful effect, if any, upondesirable neighborhood character; thegeneration of traffic and the capacity ofsurrounding streets; the concentration ofsimilar uses or facilities in the AirportBusiness Park or the surrounding area; andany other relevant impact of the development;

B. that the location, design, and site planningof the proposed development will provide aconvenient and functional working, shopping,business, or civic environment, and will beas attractive as the nature of the use andits location and setting warrant;

C. that the proposed development will enhancethe successful operation of the AirportBusiness Park and the surrounding area intheir basic community functions, or willprovide an essential service to the communityor region;

3 43938

Page 72: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

D. that the proposal conforms to all applicabledesign review criteria set forth in thePort's design review regulations and theStandards and Restrictions; and

E. that the proposal conforms in all significantrespects with the Oakland Comprehensive(General) Plan and any other applicable planor regulation adopted by the Port or anyauthorized, federal, State, county orregional body.

2.1.3 Conditional Use Permit Procedure for AutomobileService Station Uses And Fast Food Uses - Automobile ServiceStation Uses and Fast Food uses shall be governed by thefollowing procedures: Applications for conditional usepermits for Automobile Service Station and Fast Food Usesshall be considered and acted upon by the Port as part ofthe Port's regular building permit review process. ThePort's building permit procedures and the applicableprocedures of the Standards and Restrictions, including, butnot limited to, procedures authorizing appeals, attachmentof conditions of approval, and revocation of permits, shallbe applicable to conditional use permit applications andconditional use permits, as applicable.

2.1.4 Legal Non-Conforming Lots, Uses and Facilities -Existing legal non-conforming lots, uses and facilities,whether they are legal non-conforming because of a change inthe substantive provisions of the Airport Business ParkStandards and Restrictions, or they become legal non-conforming because of a boundary change and addition to theBusiness Park, shall not be required to comply with theAirport Business Park Standards and Restrictions to continuein legal existence or operation, provided there is noexpansion of use or change in the design or nature ofoperation of the existing legal non-conforming lot, use orfacility. In the event of any such expansion of use orchange in the design or nature of operation of an existinglegal non-conforming lot, use or facility, the expansion orchange in design or nature of operation shall be required toconform to and comply with all governing Port, federal,State, county and regional criteria and regulations,including Port of Oakland building permit, conditional usepermit and Standards and Restrictions criteria andregulations that are in place and applicable at the time ofthe expansion or change in design or nature of operation ofthe existing legal non-conforming lot, use or facility.Once the existing legal non-conforming lot, use or facilityhas been made to conform to and comply with applicablecriteria and regulations, it shall be considered a legalconforming lot, use or facility."

4 43938

Page 73: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

None

Section 4. Section 2.2.3 is hereby added to Port Ordinance No.2832, as amended, to read as follows:

"2.2.3 Setback Lines for Small Lots - The followingsetbacks shall apply to legal non-conforming lots that aresmaller than 1 acre:

Front: 20 feetSide: 10 feetRear: 10 feet"

Section 5. Section 2.3.1 of Port Ordinance No. 2832, as amended,is hereby amended, to read as follows:

"2.3.1 Minimum Lot Size - Except for existing legal non-conforming lots, no building site shall be less than one (1)acre of ground area. Any existing legal non-conforming lotshall have been lawfully created on or before August 15,2003."

Section 5. 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 CEQA Guidelines, Section 15061(b) (3) and15305(a); and be it

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

In Board of Port Commissioners, Oakland, California, August 5, 2003. Passed toprint for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse,Katzoff, Kiang, Kramer, Scates and President Protopappas - 7. Noes: None. Absent:None. John T. Betterton, Secretary of the Board

Adopted at a regular meeting held September 2, 2003

By the following Vote:

Ayes:

Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Scates and President Protopappas – 6

5 43938

Page 74: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

SCALE: 1" .• BOO'

°TI EXHIBIT A,

LEGEND:

PROPOSED HOTEL/MOTEL USES

EXISTING HOTEL USE

OAKLAND AIRPORT BUSINESS PARK

__,---------

0'o ----N-------.,----

NO

.e,-..

Page 75: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

I I FUTURE EXTENSIONOF

DISTRIBUTION CENTER

RLFIDEE DRIVE •ri

SAN LEANDRO BAY ARROWHEADMARSH

FANMARSH

DOOLITTLEPOND

DOOLITTLE DRIv

EBRPD

LEGEND

RETAIL USES

SCALE: r 800'

4, DOWNTOWNOAKLAND

EBMUOF ROP ERTY

-O. LAX cx•IXX 9••••OL

DAWN CHAWEL

FUTURE EXTENSION OFEDGEWATER DRIVE

1236 1:1I

DEIVATER DRIVE

'ill nu PO Do KJr9u oD5°o OE El SFR LIFINFRO CHANNEL

Page 76: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

1

r A

N

LAND SURVEYS AND MAPPING

530 Water StreetOakland, California

ROADWAYS

NEW BUSINESS PARK AREA

EXISTING BUSINESS PARK

This exhibit is a portion ofthe Lighting and LandscapeAssessment Diagram, 2002Update, on file in the Officeof the Port Land Surveyor.

1

42-4520-1-1342-4520-2-17

42-4520-1-642-4520-2-15

42-4520-1 —1 142-4520-2-3

42-4520-2-2142-4520-2-19

42-4520-2-23

75 150 300 600

SCALE IN FEET

PORT OF OAKLAND Exhibit 'C'Port Ordinance No. 2832, as amended

Oakland Airport Business Park Expansion

DRAWN BY: DAMWrk. Ord: 203498

SCALE: 1"= 300'DATE: 5/20/2003SHEET 1 OF 1ATTACHMENTS: GIS—AP.dwq, PAL02.dwqFILE LOC.> ..\LLAD_2002 \ORD-2832.dwq

Field Bk:CHECKED BY:

Data File:Revision:Rev. date:

Page 77: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

I certify (or declare) under the penalty of perjurythat e foregoing is true and correc

Legal No. 0000271058

PORT ORDINANCE NO 3760

ORDINANCE AMENDING fiEC TON; I AND 2OF PORT ORDINANCE NO 2832, ASAMENDED TO EXPAND THE BOUNDARY OFTHE OAKLAND AIRPORT BUSINESS PAPK. ANDTO MAKE REIATED REVISIONS TO ,r,,RPORTBUSINESS PARK'S DEVELOPMENT STANDARDSAND RESTRICTIONS.

BE IT ORDAINED by the Board ofPort Commissioners of the City of Oakland asfollows:

Section 1. Section 1 of PortOrdinance No. 2832 is hereby amended to readas follows:

"Section 1. DESIGNATION OF THE OAKLANDAIRPORT BUSINESS PARKF& the puroises of this ordinance the OaklandAirport Business Park, hereinafter rderrea to es theBusiness Pork, is hereby designated as being allthat property located in the "Port Area" of the Cityof Oakland, County of Alameda, State ofCalifornia, bounded by the Nimitz Freewa y MI thenortheast, Hegenberger Road on the ,i_itirieaStDoolittle Drive on the south and the south bank ofthe East Creek Slough, i f extended to the Ookland-Alameda line, and the Ooldorid-Alorneda line atthe north and west, excluding therefrom, however,Parcel 1 of that certain real property over whichthe Board of Pod Commissioners relinquishedcontrol and jurisdiction by the adoption of PortOrdinance No. 1235 on August 5, 1963. Theparcels on either side of Doolittle Drive southeast ofthe intersection with Hegenberger Road within thePort Area are also included in He Business Porkarea. The parcel leased to the ay of Oakland foruse as a golf course is not included in the BusinessPark area and forms the south and southwestboundary of the Business Park (See Exhibit C)."

Section 2. Section 2.1 of PortOrdinance No. 2832, as amended, is herebyamended to read as follows:

"2.1 Use - Each site in the Business Park snail beused for manufacturing warehousing, processing,laboratory, office, professional, or research anddevelopment activities. Hotel and motel uses shaltbe permitted in designated areas as shown on theattached Exhibit A, and along Doolittle Drive (SeeExhibit C). Fee parking lots shall not bepermittedin any area of the Business Park, except hat a feeparking lot may be developed by the Port ofOakland to serve the Oakland InternationalAirport durirg, the Terminal Expr. ninsio ,rograir.This lot is to be located on the 346cie prircel northof Swan Way at the intersection wit ' Pardee Drive,between Arrowhead Marsh and the ,..;PS sortingfacility. No more than 4500 panting space, willbe constructed with Several prefabricated str,duresallowed to service the needs of workers andpassengers. This exception will expire at such timethat the parking upgrades included under theTerminal Expansion Program are completed. Retailand other commercial uses shall be restricted tosales ol jc,ds arid services required For theconvenience of okcu tionts of the Rosiness Park;prOw,lb, !hat retail uses in the areasdesignated as Retail Areas on the attached ExhibitB, or along Doolittle Drive (See Exhibit CI, 1tictll notbe sublect In'satelorestirionori. 14favefrmr, crryr suchpermitted reran'' and CC,,,,,Cid uses sna g not beobjectionable or detrinenin t . in the determinationof the Board, to ridicx:ent piorkettes by r eason oftraffic, noise and rion A ri tom obileservice stations (permitted on Oakport Street,Hegenbert Road, Edgewater Drive and DoolittleDrive only, restaurants, banks and certain otheruses may approved by the Part upon writtenapplication. No other uses will be permitted thatshall be construed by the Port as beingobjectionable in a garden-type business park.Application for use approval shall beaccompanied by a processing fee, as establishedby Poo Ordinance, which shall be non-refundableand in addition to all other charges and feesrequired by any other agency."

Section 3. Sections 2.1.1, 2.1.2,2.1.3 and 2.1.4 are hereby added to PortOrdinance No. 2832, as amended, to read asfollows:

'2.1.1 Automobile Service Station Uses and FastFood c-_ _ ••

elsewhere in the Airport Business Pork Standardsand Restrictions, a conditional use permit shall begranted only if the proposal conforms to all of thefollowing general use permit criteria, as well as to

"any and all other applicable use permit criteria:A. That the location, size, design and operatingcharacteristics of the proposed development willbe compatible with and wilt not adversely affectthe livability or appropriate development ofabutting properties and the surroundingneighborhood, with consideration to be given io:harmony in scale oink, coverage, arid density; theavailability of sittiunr facilities and utilities; harmfuleffect, if any, upon desirable neighborhoodcharacter; the generation of traffic and thecapacity of surrounding streets; the concentrationof similar uses or facilities in the Airport BusinessPark or the surrounding area; and any otherrelevant impact of the development;B. that the location, design, and site punning ofthe proposed development will provide aconvenient and functional working, shopping,business, or civic environment, and will be asattractive as the nature of the use and its locationand setting warrant; .C. that. Will enhance thesuccessful operation of the Airpcd Business Parkand the surrounding urea in thag r ixislc.communityfunctions, or wi!I provide on essential service to thecommunity 01 region;

D that the proposal conforms to all applicabledesign review criteria set forth in the Pod's designreview regulations and the Standards andRestrictions; and

E that the proposal conforms in all significantrespects with the Oakland Comprehensive(General) Plan and any other applicable plan orregulation adopted by the Port or any authorized,Were!, State, county or regional body.2.1.3 Conditional Use Permit Procedure forAutomobile Service Station Uses And Fast FoodUses - Automobile Service Station Uses and FastFood uses shall be ( governed by the followingprocedures: Applications for conditional usepermits for Automobile Service Station and FossFood Uses shall be considered and acted upon bythe Port as part of the Pori's regular building permitreview process. The Port s building permitprocedures and the applicable procedures of theStandards and Restrictions, including, but 'notlimited to, procedures authorizing appeals,attachment of conditions of approval, andrevocation of permits, shall be applicable Mconditional use permit applications and conditionaluse permits, as applicable.

'2.1.4 Legal Non-Conforming Lots, Uses andFacilities ,(Existing legal non -conforming lots, usesand facilities, whether they ore legal n on-conforming because of a change in the substantiveprovisions of the Airport Business Park Standardsand Restrictions, or they become legal non-conforming because of a boundary change andaddition to the Business Park, shall not be requiredto comply' with the Airport Business Park Standardsand Restrictions to continue in legal existence oroperation, provided there is no expansion of useor chenge in the design or nature of operation ofthe tie no legal rich-conforming use of facility.In tht -,4•4r s41,44 , ....rtsion of use orchange in the design or nature of operation of anexisting legal non conforming lot, use or facility,the expansion .1- change in design or nature ofoperation shall be required to conform to andcomply with all governing Port, federal, State,county and regional criteria and regulations,including Poo of Oakland building permit,conditional use permit and Standards andRestrictions criteria and regulations that are inplace and applicable at the time of the expansionor change in design or nature of operation of theexisting legal non-conforming tot, use or facility.Once the existing legal non-conforming lot, use orfacility has been made to conform to and complywith applicable criteria and regulations, it shall beconsidered a legal conforming lot, use or facility."

Section 11. Section 2.2.3 is herebyadded to Port Ordinance No. 2832, as amended,to read as follows:

"2.2,3 Setback Lines for Small Lots The followingsetbacks shall apply to legal non-conforming lotsthat are smaller 1(n 1 acre:

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Oakland Tribunec/o ANG Newspapers401 13th StreetOak l -nd, CA 94612Le ivertising(80t., J95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

P1001 OF PUBLICATIONFILE NO. PORT ORD. 3760

In the matter of

DESIGNATION OF THE OAKLANDAIRPORT BUSINESS PARK

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

lare that The Oakland Tribune is a newspaper of general- -.illation as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter I, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

8/20/03

Public Notice Advertising Clerk

'autAn sail, Soft irtunj X.up /Clan° 'Inc• at 3polo .saizznd pioNissaio Kurp 0,8\,1

ino jo raid ma& axei _To `alonboldko alp 3peio `aigumfalp apjureiosun -awoou mop{ asTalaxam anis axejs

Page 78: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

0000271058Legal No.

Oakland Tribunec/o ANG Newspapers401 13th Street0a10 .--, d, CA 94612Le ivertising(80e, J95-9595 opt.4

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

lare that The Oakland Tribune is a newspaper of general-ulation as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

PROOF OF PUBLICATENFILE NO. PORT ORD. 3760

In the matter of

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

DESIGNATION OF THE OAKLANDAIRPORT BUSINESS PARK

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

8/20/03

PORT ORDINANCE NO. 3760

ORDINANCE AMENDING SECTIONS 1 AND 2OF PORT ORDINANCE NO, 2832, ASAMENDED, TO EXPAND THE -BOUNDARY OFTHE OAKLAND AIRPORT BUSINESS PARK, ANDTO MAKE RELATED REVISIONS TO THE AIRPORTBUSINESS PARK'S DEVELOPMENT STANDARDSAND RESTRICTIONS,

BE IT ORDAINED by the Board ofPort Commissioners of the City of Oakland asfollows:

Section 1. Section 1 of PartOrdinance No. 2832 is hereby ornended to reados follows:

"Section 1. DESIGNATION OF THE OAKLANDAIRPORT BUSINESS PARK

Far the purposes of this oidinance, the OaklandAirport Business Park, hereinafter referred to as theBusiness Park, Is hereby designated as being allthat property located in the "Port Area' of the Cityof Oakland, County of Alameda, State af.California, bounded by the Nimitz Ereew_ay on thenortheast, fiegertherger Road on the ,Seu1heost,Doolittle Drive on the south and the'south bank ofthe fast Creek Slough, if'extended to; the Oakland-Alameda line, and the Oaklancl-Alcsmeda line atthe north and west, excluding therefrom, however,Parcel 1 of that certain real property over whichthe Board of Port Commissioners relinquishedcontrol and jurisdiction by the adoption of PortOrdinance No. 1235 on August 5, 1963. Theparcels on either side of Doolittle Drive southeast ofthe intersection with Hegenberger Road within thePart Area are also included in the Business Porkarea. The parcel leased M the Ci-y of Oakland foruse as a golf course is not included in the BusinessPark area and forms the south and southwestboundary of the Business Park (See Exhibit C),"'

Section 2. Section 2.1 of PortOrdinance No. 2832, as amended, is herebyamended to read os follows:

"2.1 Use-Each site in the Business'Park shall beused for manuFacturing warehousing, processMg,laboratory, office, professional, or research anddevelopment activities. Hotel and motel uses shallbe permuted in designated areas as shown on theattached Exhibit A, and among Doolittle Drive SeeExhibit C). Fee parking lots shall not be permittedin any area of the Business Park, except that a feeparking lot may be developed by the Port ofOakland to serve the Oakland InternationalAirport during the Terminal Expansion Program.This lot is to be located on the 34-acre, parcel north ,of Swan Way at the intersection witkPardee Drive,between Arrowhead Marsh and the UPS sortingfacility. No more than 4500 parking spaces willbe constructed with several prefabricated structuresallowed to service the needs of workers andpassengers. This exception will expire at such limethat the parking upgrades included under theTerminal Expans ion Program are completed. Retailand other commercial uses shall be restricted lo'sales of goods arid services required for theconvenience of occupants of the Business Park;provided, however, that retail uses in the areasdesignated as Retail Areas on the attached ExhibitB, or along Doolittle Drive (See Exhibit shoji notbe subject-tai rsatelitrestrierion. iHowevef, any suchpermitted retail and commercial uses shall not beobjectionable or detrimental, in the determinationof the Board, to adjacent properties by reason oftraffic, noise and visual pollution. Automobileservice stations Ipermitted on Oakport Street,Hegenberter Road, Edgewater Drive and DoolittleDrive only restaukints, banks and certain otheruses may approved by the Port upon writtenapplication. No other uses will .be permitted thatshall be construed by the Port as beingobjectionable in a garden-type business park.Application for use approval shall beaccompanied by a processing fee, as establishedby Port

pOrdirtance, which shall be non-refundable

and in addition to all other charges and feesrequired by ony other agency."

Section 3. Sections 2.1.1, 2.1.2,2.1.3 and -2.1.4 'ore hereby added to PartOrdinonceNo, 2832, es amended, to read asfollows:

2.1, 1 . Automobile Service 'Station Uses and Fast

elsewhere in the Airport Business Pork Standardsand Restrictions, a conditional use permit shall bewanted only if the proposal conforms lb all a thefoIlowin General use permit criteria, as well as to

'any and all other applicable use permit criteria:A That the location, size, design and operatingcharacteristics of the proposed development willbe compatible with and will not adversely affectthe livability or appropriate, development ofabutting, properties and the surroundingneighborhood, with consideration to be given to:harmony in scale, bulk, coverage, and density; theavailability of similar fadlities and utilities' harmfuleffect, if any, upon desirable neighborhoodcharacter; the generation of traffic and thecapacity of surrounding streets; the concentrationof similar. uses or facilities In the Airport BusinessPark or the surrounding area; and any otherrelevant impact of the development;B. that the location, design, and site planning ofthe Proposed development will' provide aconvenient and functional working, shopping,

"business, =or civic environment, and wil l be osattractive as the nature of the U58 and its locoflonand setting warrantC. that,tht-propasett development will-enhance thesuccessful operation of the Airport Business Parkand the surrounding area in their basic communiticdfunctimmounnsiiyoor rwriellgporonvide an essential service to the

D. that the proposal conforms to all applicabledesign review criteria set forth in the Port's designreview regulations and the Standards andRestrictions; and

E. that the proposal conforms in all significantrespects with the Oakland Comprehensive(General) Nan and any other applicable plan ormutation adopted by the port or ony authorized,‘w.eral, State, county ar regional body.'

2.1.3 Conditional Use Permit Procedure forAutomobile Service Station Uses And Fast FoodUses - Automobile Service Station Uses and FastFood uses shall be governed by the followingprocedures: Applications for conditional usepermits for Automobile Service Station and FastFood U585 shall be considered and acted upon bythe Port as part of the Port's regular building permitreview process.. The Ports building permitprocedures and the applicable procedures of aleStandards and Restrictions, including, but notlimited 10, procedures authorizing appeals,attachment of conditions of approval, and,revocation of permits, shall be applicable toconditional use permit applications and conditional

' use permits, as applicable.'2.1.4 Legal Non-Conforming Lots, Uses andFacilities • • Existing lal nonconforming lots, usesand facilities, whether they are legal non-conforming because of a change in the substantiveprovisions of the Airport Business Park Standardsand Restrictions, or, they become legal non-conforming because of a boundary change andaddition to the Business Park, shall not be requiredto complywith the Airport Business Park Standards,and Restrictions to continue in legal existence oroperation, provided there is no expansion of useor change m the design or nature of operation ofthe existing legal noncanforming lot, we or facility-

. the event of -onrsuch ,,„f.,...' n--of'-use" orchange in the design or nature of operation d anexisting legal non-conforming lot, use or facility,the expansion or change In design or nature ofoperation shall be required to conform to andcomp)ith all governing Port, federal, State,

including Port of Oakland building permit

5icoup and regional criteria and regulations,conditional use permit and Standards andRestrictions criteria and regulations that are inplace and applicable at the time of the expansionor change in design or nature of operation of theexisting legal non-conforming lat, use or facility.Once the existing legal non-conforming lot, use orfacility has been made to conform to and complyWith applicable criteria and regulations, It shall beconsidered a legal conforming lot, use or facility."

Section 4. Section 2.2.3 is herebyadded to. Port Ordinance No. 2832, as amended,to read as follows:

"2,2.3 Setback Lines far Small Lots-The followingsetbacks shall apply m legal nonconforming lotsthat are smaller Than 1 acre:

I certify (or declare) under the penalty of perjurythat tale foregoing is true and correc

.Public Notice Advertising Clerk

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Page 79: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

None

Absent: None

Attest

Appr ed as toform; and legality:

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3759

ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDING SECTIONS7.1381, 7.1382 and 7.1389.

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

Section 1. The following sections of Port Ordinance No. 867 are herebyamended to change the position titles, which section nos. and their respectivenew titles to read as follows:

SectionNo.

7.1381

7.1382

7.139

Title

Port Technical Support Specialist I

Port Technical Support Specialist II

Port Technical Support Specialist III

Section 2. Section 7.139 of Port Ordinance No. 867 is hereby amended tocreate an additional position of Port Technical Support Specialist III.

In Board of Port Commissioners, Oakland, California, July 15, 2003. Passed toprint for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse,Katzoff, Kramer, Protopappas, Scates and President Kiang - 7. Noes: None. Absent:None.

John T. Betterton, Secretary of the Board

Adopted at a regular meeting held August 5, 2003

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,

Kiang, Kramer, Scates and President Protopappas - 7

Noes:

45054

Page 80: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

do ANG Newspapers401 13th StreetOakland, CA 94612Le( ivertising(80L, .A5-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. ORD. NO. 3759

In the matter of

AMENDING SECTIONS 7.1481, 7.1382AND 7.1389.

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

dare that The Oakland Tribune is a newspaper of generalc._ _dlation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

7/23/03

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

Public Notice Advertising Clerk

ORDINANCE AMENDING PORT ORDI-NANCE NO. 867, AMENDING SECTIONS7.1381, 7.1382 and 7.1389.

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

Section 1. The following sections of PortOrdinance No. 867 are hereby amended tochange the position titles, which section nos.and their respective new titles to read asfollows:

Section

TitleNo.

7.1381

Port Technical SupportSpecialist I

7.1382

Port Technical SupportSpecialist II

7.139

Port Technical SupportSpecialists III

SectIon 2. Section 7.139 of Port Ordi-nance No. 867 is hereby amended to createan additional position of Port Technical Sup-port Specialist III.

In Board of Port Commissioners, Oakland,California, July 15, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None,

John T. BettertonSecretary of the Board

The Oakland Tribune, #259955July 23, 2003

Legal No. 0000259955

PORT ORDINANCE NO. 3759Oakland Tribune

Page 81: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3758

AN ORDINANCE APPROVING ALTERATIONS TO THE PORTAREA AND RELINQUISHING AND TRANSFERRING CONTROLOF CERTAIN PORT PROPERTY TO THE CITY COUNCIL.

WHEREAS in accordance with the approval and authorization of theBoard of Port Commissioners (the "Board"), the Oakland Base ReuseAuthority ("OBRA"), the Oakland Redevelopment Agency ("ORA"), the Cityof Oakland, a municipal corporation, acting by and through its CityCouncil ("City Council") (herein, OBRA, ORA and the City Council arecollectively referred to as the "City"), the Mayor, the President ofthe City Council, the Executive Director of OBRA, the Interim AgencyAdministrator of ORA and the Executive Director of the Port on July 8,2003, signed a Memorandum of Agreement for the Oakland Army Base("MOA") but the MOA will not be legally binding unless and until thesigned MOA is approved by the OBRA Governing Body, the ORA Board andthe City Council, and will not be effective until all parties haveagreed upon the form and substance of all Exhibits and Schedules tothe MOA; and

WHEREAS the City and the Port intend in accordance with theprovisions of the MOA that the presently existing Port Area will bealtered by deleting from and adding to it certain properties at oradjacent to the Oakland Army Base, that the Board will relinquish andtransfer control to the City Council of certain Port properties thatare within the Port Area and that both this ordinance and a CityCouncil ordinance to carry out such proposed Port Area alterations andrelinquishment and transfer of control of such Port properties to theCity Council will be enacted prior to the Army's conveyance of OaklandArmy Base property (referred in the MOA as the "EDC Property") to OBRA(the date of such conveyance being referred to in the MOA as the "GARBTransfer Date"); now, therefore,

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

Section 1. The MOA and Its Provisions. The Board's approval ofalterations to the Port Area, and the Board's relinquishment andtransfer of control to the City Council of certain Port propertiesthat are within the Port Area, as provided for in this ordinance, are(1) conditioned upon the existence of a fully-effective MOA that is

45093

Page 82: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

legally binding on each of the Port and the City and the MOA notterminating and (2) subject to the provisions of the MOA.

Section 2. Lands Identified and Described. The lands that areidentified as subject to the Board's findings and determinations inSection 4 below, the lands that are identified as subject to Port Areaalterations which the Board approves in Section 5 below and the landsthat are identified as lands with respect to which the Board inSection 5 relinquishes and transfers control to the City Council, areparticularly described as follows:

(a) West Maritime Property. The West Maritime Property iscomprised of Parcels 13 and 14 which are described as follows:

Parcel 13

A portion of those Parcels of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords, Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485); A portion of the lands described in that certain Final Judgment as to Tract 5,United States of America vs. City of Oakland, State of California et al., Case No. 21930-L,District Court of the United States in and for the Northern District of California, SouthernDivision, recorded February 16, 1951 in Book 6361 of Official Records, Page 334 in the Office ofthe Recorder of said Alameda County (hereinafter referred to as 6361 O.R. 334); A portion of thelands described in that certain Final Judgment as to Tract 23, United States of America vs. City ofOakland, State of California et al., Case No. 21930-L, District Court of the United States in andfor the Northern District of California, Southern Division, recorded January 11, 1950 in Book5987 of Official Records, Page 319 in the Office of the Recorder of said Alameda County(hereinafter referred to as 5987 O.R. 319); And a portion of the lands described in that certainFinal Judgment as to Interests of Defendant City of Oakland, A Municipal Corporation, UnitedStates of America vs. City of Oakland et al., Case No. 21758-L, Case No. 21930-L, Case No.22084-L, District Court of the United States in and for the Northern District of California,Southern Division, recorded February 24, 1960, Reel 032, Image 660 of Official Records in theOffice of the Recorder of said Alameda County (hereinafter referred to as Reel: 32, Image:660),all of which are more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10 th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Records of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence South 38°00'05" West, 989.35 feet to the eastern most corner of Parcel Seven as describedin that certain Quitclaim Deed, recorded June 15, 1999 as Doc. No. 99-222447 of OfficialRecords, in the Office of the Recorder of Alameda County (hereinafter referred to as Doc. 99-222447), being a point on the agreed upon location of the "Low Tide line of 1852" as described inCity of Oakland Ordinance No. 3099 a certified copy of which was recorded on October 10, 1910in Book 1837 of Deeds, Page 84, in the Office of the Recorder of Alameda County (hereinafterreferred to as 1837 Deeds 84), said point being marked by a pin set in concrete in a monumentwell, as shown on said Army Map;

2 45093

Page 83: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Thence along said agreed upon location of the "Low Tide line of 1852" (1837 Deeds 84) North41°00'50" East, 3829.19 feet to the POINT OF BEGINNING of Parcel 13 as herein described;

Thence departing from said agreed upon location of the "Low Tide line of 1852",North 48°48'07" West, 839.34 feet to a point on the generally southern line of Parcel 1, Tract 14 asdescribed in said Final Judgment as to Interests of Defendant City of Oakland, A MunicipalCorporation, United States of America vs. City of Oakland et al., Case No. 21758-L, Case No.21930-L, Case No. 22084-L (Reel: 32, Image:660), being a point on the course described as"North 6°52'23" East, 936.49 feet" in the description of said Parcel 1;

Thence along the generally southern line of said Parcel 1 (Reel: 32, Image:660) the following twocourses:

1) North 08°03'07" East, 385.68 feet to an angle point in said line;

2) South 86°48'30" West, 297.19 feet to a point on the back of concrete apron of the wharfstructures at that portion of the Oakland Army Base commonly referred to as Pier 8;

Thence departing from said generally southern line of said Parcel 1 (Reel: 32, Image:660) alongsaid back of concrete apron the following six courses:

1) North 08°04'29" East, 43.36 feet;

2) North 81°39'04" West, 63.48 feet;

3) North 21°23'43" East, 72.93 feet;

4) North 81°33'20" West, 154.14 feet;

5) North 07°35'55" East, 47.96 feet;

6) North 68°58'20" West, 412.08 feet to a point on a line that bears North 48°48'07" Westfrom the POINT OF BEGINNING;

Thence North 48°48'07" West, 389.20 feet to a point that bears North 48°48'07" West, 2296.50feet from the POINT OF BEGINNING;

Thence South 81°26'43" West, 354.67 feet;

Thence South 80°58'50" West, 241.56 feet;

Thence South 08°24'05" East, 40.51 feet;

Thence South 07°08'26" East, 42.27 feet to an angle point in the existing face of wharf located atthe portion of the Oakland Army Base formerly known as Pier 8;

Thence along the existing face of wharf of said Pier 8 and Pier 7 the following eight courses:

1) South 81°35'04" West, 751.30 feet to an angle point in said face of wharf;

2) South 74°45'15" West, 80.05 feet to an angle point in said face of wharf;

3) South 61°28'19" West, 85.21 feet to an angle point in said face of wharf;

4) South 48°06'56" West, 79.89 feet to an angle point in said face of wharf;

5) South 41°20'07" West, 1332.88 feet to an angle point in said face of wharf;

3 45093

Page 84: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Property Subject to the Above Action, United States of America vs. Santa Fe Land andImprovement Co., Southern Pacific Railroad Company et al., Case No. 23099-S (6566 O.R. Page301), said corner being the northwesterly terminus of the course "North 71°40'17" West 585.40feet" in the description for said Parcel 1, Tract 1 (6566 O.R. Page 301), said corner being markedby a 2 V2" brass disk with punch mark stamped "City of Oakland Survey Station 8NW9" as shownon Record of Survey No. 1705, filed in Book 26 of Records of Survey, at Page 1, Alameda CountyOfficial Records, said corner being the POINT OF BEGINNING of Parcel 6 as herein described;

Thence, along the northeast, southeast and southwest lines of said Parcel 1, Tract 1 (6566 O.R.Page 301) the following six courses:

1) South 70°28'41" East, 585.40 feet to an angle point in said line;

2) South 72°37'22" East, 182.32 feet to an angle point in said line;

3) South 76°59°49" East, 90.66 feet to an angle point in said line;

4) South 73°41'18" East, 136.19 feet to the eastern most corner of said Parcel 1, Tract 1(6566 O.R. Page 301);

5) South 17°25'06" West, 105.53 feet to the southern most corner of said Parcel 1, Tract 1(6566 O.R. Page 301), said corner being the beginning of a non-tangent curve concavesouthwesterly, having a radius of 682.89 feet and a central angle of 9°29'05", from whichbeginning the radius point bears South 41°48'27" West;

6) along said curve to the left, an arc distance of 113.04 feet to the eastern most corner ofParcel No. 2 described in said Indenture between the Southern Pacific Company and the UnitedStates of America (4121 O.R. 191);

Thence along the southeast line of said Parcel No. 2 (4121 O.R. 191), South 30°58'28" West943.37 feet to the eastern most corner of Parcel 56444 as described in that certain Quitclaim Deed,recorded on February 13, 2002 as Document No. 2002072863 of Official Records, in the Office ofthe Recorder of Alameda County (hereinafter referred to as Doc. 2002072863);

Thence, along the generally northeastern line of said Parcel 56444 (Doc. 2002072863) thefollowing two courses:

1) North 42°37'24" West, 128.15 feet to the beginning of a curve concave southwesterly,having a radius of 1647.00 feet and a central angle of 0°35'58";

2) along said curve to the left, an arc distance of 17.23 feet to a point on the generallysoutheastern line of Parcel A on the course described as "South 56°00'54" West, 39.01 feet" in anunrecorded "Transfer and Acceptance of Military Real Property" from the Military TrafficManagement Command of the Oakland Army Base to the 63' RSC, dated December 17, 1998,said Parcel A being commonly referred to as the "Subaru Lot" (said Parcel A will hereinafter bereferred to as the Subaru Lot);

Thence departing from said generally northeastern line of Parcel 56444 (Doc. 2002072863), alongthe southeast, east and northeast lines of said Parcel A (the Subaru Lot) the following twelvecourses:

1) North 56°00'39" East, 30.42 feet to an angle point in said line;

2) North 49°48'18" East, 93.04 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped LS 6379;

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Page 85: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

6) North 48°42'09" West, 259.68 feet to an angle point in said face of wharf;

7) North 41°16'18" East, 124.89 feet to an angle point in said face of wharf;

8) North 48°38'16" West, 249.42 feet to a point in the existing westerly perimeter fence lineof said Pier 7;

Thence northerly along the said westerly perimeter fence line of Pier 7, the following two courses:

1) North 20°41'10" West, 640.82 feet to an angle point in said fence line;

2) North 01°48'40" West, 114.71 feet to a point on the southerly line of Parcel "S" asdescribed in that certain Indenture and Conveyance by and between the State of California actingby and through it's Department of Public Works and the California Toll Bridge Authority, andCity of Oakland, acting by and through it's Board of Port Commissioners, recorded on February17, 1942 in Book 4186 of Official Records, at Page 156 in the Office of the Recorder of AlamedaCounty (hereinafter referred to as 4186 O.R. 156);

Thence along the southerly line of said Parcel "S" (4186 O.R. 156), the following two courses:

1) North 88°08'30" East, 291.86 feet;

2) North 81°36'26" East, 3747.00 feet to the western most corner of said lands described inFinal Judgment as to Tract 5, United States of America vs. City of Oakland, State of California etal., Case No. 21930-L, (6361 O.R. 334);

Thence along the northerly line of said Tract 5, North 64°17'11" East 397.63 feet to the westernmost corner of said lands described in Final Judgment as to Tract 23, United States of America vs.Chu of nalrlanel QtatP of Califnrnia at a1 raco. Nil Q111-T (50 527 P 11 031 cairn rnr-no.r -NRirm

marked by a 1 '/2" brass disc with punch in the top of a concrete culvert as shown on said ArmyMap;

Thence along the northern line of said Tract 23, North 71°46'34" East, 111.41 feet to the westernmost corner of Parcel 56444 as described in that certain Quitclaim Deed (1-880 ConnectorCorridor) recorded on February 13, 2002 as Document No. 2002072863 of Official Records in theOffice of the Recorder of Alameda County (hereinafter referred to as Doc. 2002072863), beingmarked by a 1" iron pipe and CalTrans cap as shown on Record of Survey No. 1687, filed in Book25 of Records of Surveys, Pages 58-69, Alameda County Official Records, being the beginning ofa non-tangent curve concave southwesterly, having a radius of 1457.00 feet and a central angle of9°28'45", from which beginning the radius point bears South 08°37'39" West;

Thence, along the generally southwestern line of said Parcel 56444, the following fifteen courses:

1) along said curve to the right, an arc distance of 241.05 feet to an angle point from whichthe radius point bears South 18°06'24" West;

2) South 63°07'59" East, 314.87 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

3) South 59°26'20" East, 388.09 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

4) South 54°38'31" East, 108.88 feet;

5) South 71°14'04" East, 214.96 feet;

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Page 86: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

6) South 68°12'53" East, 121.49 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

7) South 52°34'03" East, 57.26 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

8) South 26°23'46" West, 50.81 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

9) South 67°50'56" East, 108.73 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

10) North 40°50'20" East, 50.00 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

11) South 59°26'20" East, 469.79 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

12) South 64°31'30" East, 100.40 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687;

13) South 59°20'55" East, 161.93 feet to a 1" iron pipe and CalTrans cap as shown on saidRecord of Survey No. 1687, marking the beginning of a non-tangent curve concave southwesterly,having a radius of 926.00 feet and a central angle of 13°07'36", from which beginning the radiuspoint bears South 31°52'38" West;

14) along said curve to the right, an arc distance of 212.15 feet to a 1" iron pipe andCalTrans cap as shown on said Record of Survey No. 1687 marking the beginning of a non-tangent curve concave southwesterly, having a radius of 926.00 feet and a central angle of18°51'52", from which beginning the radius point bears South 47°51'29" West;

15) along said curve to the right' an arc distance of 304.88 feet to the beginning of a non-tangent curve concave northwesterly, having a radius of 599.96 feet and a central angle of3°36'49", from which the radius point bears North 17°29'03" West;

Thence along said curve to the right, an arc distance of 37.84 feet;

Thence South 76°07'45" West, 555.85 feet to the beginning of a curve concave southeasterly,having a radius of 1739.00 feet and a central angle of 30°14'40";

Thence along said curve to the left, an arc distance of 917.96 feet;

Thence South 45°53'06" West, 550.21 feet to a point on a line that bears South 48°48'07" Eastfrom the POINT OF BEGINNING;

Thence North 48°48'07" West, 534.07 feet to the POINT OF BEGINNING, containing5,660,129 square feet (129.939 acres), more or less, measured in ground distances.

Parcel 14

A portion of the Parcels of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords, Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485); A portion of the lands described in that certain Final Judgment as to Tract 1and as to Lack of Interests of Certain Persons as to Property Subject to the Above Action, UnitedStates of America vs. Santa Fe Land and Improvement Co., Southern Pacific Railroad Company etal., Case No. 23099-S, District Court of the United States in and for the Northern District of

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Page 87: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

California, Southern Division, recorded October 22, 1951, in Book 6566 of Official Records, Page301 in the Office of the Recorder of said Alameda County (hereinafter referred to as 6566 O.R.301); A portion of the lands described in that certain Final Judgment as to Interests of DefendantCity of Oakland, A Municipal Corporation, United States of America vs. City of Oakland et al.,Case No. 21758-L, Case No. 21930-L, Case No. 22084-L, District Court of the United States inand for the Northern District of California, Southern Division, recorded February 24, 1960, Reel032, Image 660 of Official Records in the Office of the Recorder of said Alameda County(hereinafter referred to as Ree1:032, Image:660); A portion of the lands described in that certainFinal Judgment as to Tract 5, United States of America vs. City of Oakland, State of California etal., Case No. 21930-L, District Court of the United States in and for the Northern District ofCalifornia, Southern Division, recorded February 16, 1951 in Book 6361 of Official Records,Page 334 in the Office of the Recorder of said Alameda County hereinafter referred to as 6361O.R. 334); A portion of the lands described in that certain Final Judgment as to Parcel No. 6,United States of America vs. City of Oakland, State of California et al., Case No. 21930-L,District Court of the United States in and for the Northern District of California, SouthernDivision, recorded May 23, 1960, Reel 092, Image 111 of Official Records, in the Office of theRecorder of said Alameda County (hereinafter referred to as Ree1:092, Image:111), all of whichare more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 48°22'05" East, 5692.24 feet to the northern most corner of Parcel 1, Tract 1 asdescribed in said Final Judgment as to Tract 1 and as to Lack of Interests of Certain Persons as toProperty Subject to the Above Action, United States of America vs. Santa Fe Land andImprovement Co., Southern Pacific Railroad Company et al., Case No. 23099-S (6566 O.R. 301),said corner being the northwestern terminus of the course described as "North 71°40'17" West585.40 feet" in the description of said Parcel 1, Tract 1 (6566 O.R. 301), and being marked by a 2'/2" brass disk with punch mark stamped "City of Oakland Survey Station 8NW9" as shown onRecord of Survey No. 1705, filed in Book 26 of Record of Surveys, at Page 1, Alameda CountyOfficial Records;

Thence along the northwest line of said Parcel 1, Tract 1 (6566 O.R. 301) South 79°57'58" West,9.41 feet to the beginning of a curve concave southwesterly, having a radius of 599.96 feet and acentral angle of 20°37'16", from which the radius point bears South 36°18'10" West, being thePOINT OF BEGINNING of Parcel 14 as herein described;

Thence along said curve to the right, an arc distance of 215.93 feet to a point on the generallynorthern line of Parcel A as described in an unrecorded "Transfer and Acceptance of Military RealProperty" from the Military Traffic Management Command of the Oakland Army Base to the 63rdR.S.C., dated December 17, 1998, said Parcel A being commonly referred to as the "Subaru Lot"(said Parcel A being hereinafter referred to as the Subaru Lot);

Thence along said generally northern line of said Parcel A (the Subaru Lot) the following thirteencourses:

1) North 70°14'16" West, 59.22 feet to an angle point in said line, said point being markedby a 1 1/2" brass disk with bolt stamped "LS 6379";

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Page 88: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

2) North 69°21'45" West, 49.64 feet to an angle point in said line, said point being markedby a 1 '/2" brass disk with bolt stamped "LS 6379";

3) North 63°28'21" West, 40.88 feet to an angle point in said line, said point being markedby a 3/4" brass tag in concrete stamped "LS 6379";

4) North 66°07'36" West, 44.94 feet to an angle point in said line, said point being markedby a 1 '/2" brass disk with bolt stamped "LS 6379";

5) North 69°32'54" West, 44.74 feet to an angle point in said line, said point being markedby a 1 '/2" brass disk with bolt stamped "LS 6379";

6) North 72°38'25" West, 67.85 feet to an angle point in said line, said point being markedby a 1 'A" brass disk with bolt stamped "LS 6379";

7) North 70°15'39" West, 49.25 feet to an angle point in said line, said point being markedby a 1" iron pipe with plug stamped "LS 6379";

8) South 80°41'00" West, 170.83 feet to an angle point in said line, said point being markedby a 1" iron pipe with plug stamped "LS 6379";

9) North 87°09'05" West, 415.50 feet to beginning of a curve concave southerly, having aradius of 299.98 feet and a central angle of 25°11'31", said beginning of curve being marked by a1" iron pipe with plug stamped "LS 6379";

10) along said curve to the left, an arc distance of 131.90 feet;

11) South 67°39'24" West, 25.68 feet to the beginning of a curve concave southeasterly,having a radius of 199.99 feet and a central angle of 39°56'30", said beginning of curve beingmarked by a 1" iron Dim with plug and tack stam ped "LS 6379";

12) along said curve to the left, an arc distance of 139.42 feet to the beginning of acompound curve concave easterly, having a radius of 20.00 feet and a central angle of 29°55'43",said beginning of curve being marked by a 1 '/2" brass disk and spike stamped "LS 6379";

13) along said curve to the left, an arc distance of 10.45 feet to the intersection of said curvewith the generally northeaster line of said Parcel 56444 (Doc. 2002072863), being a point on thecourse described as "South 65°41'47" East 135.08 feet" in the description of said Parcel 56444(Doc. 2002072863);

Thence along said generally northeastern line of said Parcel 56444 (Doc. 2002072863) thefollowing seven courses:

1) North 65°41'40" West, 109.04 feet to an angle point in said line;

2) North 49°47'18" West, 162.81 feet to an angle point in said line;

3) North 54°46'46" West, 103.19 feet to an angle point in said line, said angle point beingmarked by a 1" iron pipe and CalTrans cap as shown on Record of Survey No. 1687 filed in Book25 of Records of Surveys, at Pages 58-69, Alameda County Official Records;

4) North 47°07'33" West, 55.66 feet to the beginning of a curve concave southwesterly,having a radius of 1160.00 feet and a central angle of 12°07'10", said beginning of curve beingmarked by a 1" iron pipe and CalTrans cap as shown on said Record of Survey No. 1687;

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Page 89: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

5) along said curve to the left, an arc distance of 245.37 feet to an angle point in said linefrom which the radius point bears South 30°45'17" West, said angle point being marked by a 1"iron pipe and CalTrans cap as shown on said Record of Survey No. 1687;

6) North 59°14'43" West, 262.30 feet to an angle point in said line, said angle point beingmarked by a 1" iron pipe and CalTrans cap as shown on said Record of Survey No. 1687;

7) North 57°29'34" West, 66.49 feet to a point on the generally northern line of "Parcel 3,Baldwin Yard" as shown on Record of Survey No. 1704, filed in Book 26 of Record of Surveys, atPage 65, Alameda County Official Records (hereinafter referred to as the Baldwin Yard), beingthe beginning of a non-tangent curve concave southerly, having a radius of 1252.80 feet and acentral angle of 8°05'48", from which beginning the radius point bears South 08°32'47" East;

Thence departing from said generally northeastern line of said Parcel 56444 (Doc. 2002072863),along the said generally northern line of said Baldwin Yard, the following three courses:

1) along said curve to the right, an arc distance of 177.04 feet to the beginning of a non-tangent curve concave southerly having a radius of 3336.10 feet and a central angle of 19°16'27",from which the radius point bears South 00°34'42" East;

2) along said curve to the right, an arc distance of 1122.26 feet to an angle point in said linefrom which the radius point bears South 18°41'45" West;

3) South 71°17'43" East, 326.69 feet to an angle point in said line;

Thence departing from said generally northern line, South 70°28'52" East, 223.98 feet to a pointon the northwest line of Parcel 2, Tract 14 as described in said Final Judgment as to Interests ofDefendant City of Oakland, A Municipal Corporation, United States of America vs. City ofOakland et al., Case No. 21758-L, Case No. 21930-L, Case No. 22084-L (Reel: 32, Image:660)also being the northwest line of former 34 111 Street (now Wake Avenue);

Thence along said northwest line of said Parcel 2, Tract 14 (Reel: 32, Image:660), North79°57'58" East, 36.10 feet to the eastern most corner of said lands described in said FinalJudgment as to Parcel No. 6, United States of America vs. City of Oakland, State of California, etal., Case No. 21930-L (Reel: 92, Image: 111);

Thence departing from said northwest line of said Parcel 2, Tract 14 (Reel: 32, Image:660),South 13°11'35" East, 60.09 feet to a point on the southeast line of said Parcel 2, Tract 14, alsobeing the southwest line of former 34 th Street (now Wake Avenue);

Thence along said southeast line of said Parcel 2, Tract 14 (Reel: 32, Image:660),North 79°57'58" East, 2.13 feet to the POINT OF BEGINNING, containing 503,500 square feet(11.559 acres), more or less, measured in ground distances.

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

(b) West Maritime Submerged Property. The West MaritimeSubmerged Property is comprised of Parcels 7 and 8 which are describedas follows:

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Parcel 7

A portion of the lands described in that certain Final Judgment as to Interests of Defendant City ofOakland, A Municipal Corporation, United States of America vs. City of Oakland et al., Case No.21758-L, Case No. 21930-L, Case No. 22084-L, District Court of the United States in and for theNorthern District of California, Southern Division, recorded February 24, 1960, Reel 032, Image660 of Official Records in the Office of the Recorder of said Alameda County (hereinafter referredto as Reel: 32, Image:660) more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 454-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 25 of Records of Survey, at Pages 50-60, Alameda County OfficialRecords;

Thence South 38°00'05" West, 989.35 feet to the eastern most corner of Parcel Seven as describedin that certain Quitclaim Deed, recorded on June 15, 1999 as Doc. No. 99-222447 of OfficialRecords, in the Office of the Recorder of Alameda County (hereinafter referred to as Doc. 99-222447), being a point on the agreed upon location of the "Low Tide Line of 1852" as describedin City of Oakland Ordinance No. 3099, a certified copy of which was recorded on October 10,1910 in Book 1837 of Deeds, Page 84, in the Office of the Recorder of Alameda County(hereinafter referred to as 1837 Deeds 84), said point being marked by a pin set in concrete in amonument well, as shown on said Army Map;

Thence northeasterly along said agreed upon location of the "Low Tide Line of 1852" North41°00'50" East, 3829.19 feet to a point hereinafter referred to as Point "A";

Thence departing from the said agreed upon location of the "Low Tide Line of 1852". North48°48'07" West, 1380.09 feet to a point on the generally southern line of Parcel 1, Tract 14 asdescribed in said Final Judgment as to Interests of Defendant City of Oakland, A MunicipalCorporation, United States of America vs. City of Oakland et al., Case No. 21758-L, Case No.21930-L, Case No. 22084-L (Reel: 32, Image:660), and being the POINT OF BEGINNING ofParcel 7 as herein described;

Thence departing from the said generally southern line of said Parcel 1 (Reel: 32, Image:660)North 48°48'07" West, 527.21 feet to a point on the back of concrete apron;

Thence along said back of concrete apron the following six courses:

1) South 68°58'20" East, 412.08 feet;

2) South 07°35'55" West, 47.96 feet;

3) South 81°33'20" East, 154.14 feet;

4) South 21°23'43" West, 72.93 feet;

5) South 81°39'04" East, 63.48 feet;

6) South 08°04'29" West, 43.36 feet to a point on said generally southern line of said Parcel1 (Reel: 32, Image:660);

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Page 91: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Thence along said generally southern line of said Parcel 1 (Reel: 32, Image: 660)South 86°48'30" West, 164.44 feet to the POINT OF BEGINNING, containing 56,663 squarefeet (1.301 acres), more or less, measured in ground distances.

Parcel 8

A portion of the lands described in that certain Final Judgment as to Interests of Defendant City ofOakland, A Municipal Corporation, United States of America vs. City of Oakland et. al., Case No.21758-L, Case No. 21930-L, Case No. 22084-L, District Court of the United States in and for theNorthern District of California, Southern Division, recorded February 24, 1960, Reel 032, Image660 of Official Records in the Office of the Recorder of said Alameda County (hereinafter referredto as Reel: 32, Image:660) more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10 th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 25 of Records of Survey, at Pages 50-60, Alameda County OfficialRecords;

Thence South 38°00'05" West, 989.35 feet to the eastern most corner of Parcel Seven as describedin that certain Quitclaim Deed, recorded on June 15, 1999 as Doc. No. 99-222447 of OfficialRecords, in the Office of the Recorder of Alameda County (hereinafter referred to as Doc. 99-222447), being a point on the agreed upon location of the "Low Tide Line of 1852" as describedin City of Oakland Ordinance No. 3099, a certified copy of which was recorded on October 10,1910 in Book 1837 of Deeds, Page 84, in the Office of the Recorder of Alameda County(hereinafter referred to as 1837 Deeds 84), said point being marked by a pin set in concrete in arnm-mm prvf wall ac clamun nn cairl Arrm, Man'

Thence northeasterly along said agreed upon location of the "Low Tide Line of 1852" North41°00'50" East, 3829.19 feet to a point hereinafter referred to as Point "A";

Thence departing from the said agreed upon location of the "Low Tide Line of 1852", North48°48'07" West, 2296.50;

Thence South 81°26'43" West, 354.67 feet to the POINT OF BEGINNING of Parcel 8 as hereindescribed;

Thence South 62°12'05" West, 257.07 feet to an angle point on the existing face of wharf locatedat the portion of the Oakland Army Base formerly known as Pier 8;

Thence North 07°08'26" West, 42.27 feet;

Thence North 08°24'05" West, 40.51 feet;

Thence North 80°58'50" East, 241.56 feet to the POINT OF BEGINNING, containing 9,977square feet (0.229 acres), more or less, measured in ground distances.

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

10

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Page 92: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

(c) West Maritime Army Reserve Property. The WestMaritime Army Reserve Property is comprised of Parcel 15B which isdescribed as follows:

Parcel 15B

A portion of the Parcels of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords, Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485); A portion of the lands described in that certain Final Judgment as to Interestsof Defendant City of Oakland, A Municipal Corporation, United States of America vs. City ofOakland, et al., Case No. 21758-L, Case No. 21930-L, Case No. 22084-L, District Court of theUnited States in and for the Northern District of California, Southern Division, recorded February24, 1960, Reel 032, Image 660 of Official Records in the Office of the Recorder of said AlamedaCounty (hereinafter referred to as Reel: 32, Image:660); A portion of the lands described in thatcertain Final Judgment as to Parcel No. 6, United States of America vs. City of Oakland, State ofCalifornia, et al., Case No. 21930-L, District Court of the United States in and for the NorthernDistrict of California, Southern Division, recorded May 23, 1960, Reel 092, Image 111 of OfficialRecords, in the Office of the Recorder of said Alameda County (hereinafter referred to asRee1:092, Image:111), all of which are more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument also beingPort of Oakland Monument ID H006 as shown upon Record of Survey 990, filed for record inBook 18 of Records of Surveys, at Pages 50-60, Alameda County Official Records;

Thence North 48°22'05" East, 5692.24 feet to the northern most corner of Parcel 1, Tract 1 asdescribed in said Final Judgment as to Tract 1 and as to Lack of Interests of Certain Persons as toProperty Subject to the Above Action, United States of America vs. Santa Fe Land andImprovement Co., Southern Pacific Railroad Company, et al., Case No. 23099-S, District Court ofthe United States in and for the Northern District of California, Southern Division, recordedOctober 22, 1951 in Book 6566 of Official Records, Page 301 in the Office of the Recorder of saidAlameda County (hereinafter referred to as 6566 O.R. 301), said corner being the northwestterminus of the course described as "North 71°40'17" West 585.40 feet" in the description of saidParcel 1, Tract 1 (6566 O.R. 301), said corner being marked by a 2 Y2" brass disk with punch markstamped "City of Oakland Survey Station 8NW9" as shown on Record of Survey No. 1705, filedin Book 26 of Records of Surveys, at Page 1, Alameda County Official Records;

Thence along the northwestern line of said Parcel 1, Tract 1 (6566 O.R. 301) South 79°57'58"West, 9.41 feet to the beginning of a non-tangent curve concave southwesterly, having a radius of599.96 feet and a central angle of 20°37'16", from which beginning the radius point bears South36°18'10" West;

Thence along said curve to the right, an arc distance of 215.93 feet to a point on the generallynortheastern line of Parcel A as described in an unrecorded "Transfer and Acceptance of MilitaryReal Property" from the Military Traffic Management Command of the Oakland Army Base to the63`d R.S.C., dated December 17, 1998, said Parcel A being commonly referred to as the "SubaruLot" (said Parcel A will hereinafter be referred to as the Subaru Lot), being a point on the coursedescribed as "South 70°14'01" East, 101.26 feet" in the description of said Parcel A (the SubaruLot), also being the beginning of a continuation of the last described curve, concave westerly,having a radius of 599.96 feet and a central angle of 75°47'00", from which beginning the radiuspoint bears South 56°55'26" West, and being the POINT OF BEGINNING of Parcel 15B asherein described;

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Thence departing from said northeastern line of said Parcel A (the Subaru Lot) along said curve tothe right, an arc distance of 793.54 feet to a point on the generally northeastern line of Parcel56444 as described in that certain Quitclaim Deed, recorded on February 13, 2002 as DocumentNo. 2002-072863 of Official Records, in the Office of the Recorder of Alameda County(hereinafter referred to as Doc. 2002-072863), said point being the beginning of a non-tangentcurve concave southwesterly, having a radius of 1647.00 feet and a central angle of 1°02'25", fromwhich beginning the radius point bears South 39°02'41" West;

Thence along the generally northeastern line of said Parcel 56444 (Doc. 2002-072863) thefollowing eight courses:

1) along said curve to the left, an arc distance of 29.91 feet to an angle point from which theradius point bears South 38°00'16" West, being the beginning of a non-tangent curve concavesouthwesterly, having a radius of 1647.00 feet and a central angle of 7°24'24", from whichbeginning the radius point bears South 39°39'54" West;

2) along said curve to the left, an arc distance of 212.91 feet to a point of tangency;

3) North 57°44'30" West, 113.40 feet to an angle point;

4) North 49°58'48" West, 124.70 feet to an angle point;

5) North 59°26'20" West, 696.99 feet to an angle point;

6) North 38°53°13" West, 28.48 feet to an angle point;

7) North 59°26'21" West, 95.01 feet to an angle point;

8) North 65°41'40" West, 26.04 feet to a point on the generally northwestern line of saidParcel A (the Subaru Lot), said point being the beginning of a non-tangent curve concave easterly,having a radius of 20.00 feet and a central angle of 29°55'43", from which beginning the radiuspoint bears North 87°47'11" East;

Thence along the northwestern, northern and northeastern lines of said Parcel A (the Subaru Lot)the following thirteen courses:

1) along said curve to the right, an arc distance of 10.45 feet to the beginning of a compoundcurve concave southeasterly, having a radius of 199.99 feet and a central angle of 39°56'30", saidpoint of compound curvature being marked by a 1 '/2" brass disk and spike stamped "LS 6379";

2) along said curve to the right, an arc distance of 139.42 feet to a point of tangency markedby a 1" iron pipe with plug and tack stamped "LS 6379";

3) North 67°39'24" East, 25.68 feet to the beginning of a curve concave southerly, having aradius of 299.98 feet and a central angle of 25°11'31";

4) along said curve to the right, an arc distance of 131.90 feet to a point of tangency markedby a 1" iron pipe with plug stamped "LS 6379";

5) South 87°09'05" East, 415.50 feet to an angle point in said line, said point being markedby a 1" iron pipe with plug stamped "LS 6379";

6) North 80°41'00" East, 170.83 feet to an angle point in said line, said point being markedby a 1" iron pipe with plug stamped "LS 6379";

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7) South 70°15'39" East, 49.25 feet to an angle point in said line, said point being markedby a 1 1/2" brass disk with bolt stamped "LS 6379";

8) South 72°38'25" East, 67.85 feet to an angle point in said line, said point being markedby a 1 1/2" brass disk with bolt stamped "LS 6379";

9) South 69°32'54" East, 44.74 feet to an angle point in said line, said point being markedby a 1 1/2" brass disk with bolt stamped "LS 6379";

10) South 66°07'36" East, 44.94 feet to an angle point in said line, said point being markedby a 3/4" brass tag in concrete stamped "LS 6379";

11) South 63°28'21" East, 40.88 feet to an angle point in said line, said point being markedby a 1 /2" brass disk with bolt stamped "LS 6379";

12) South 69°21'45" East, 49.64 feet to an angle point in said line, said point being markedby a 1 1/2" brass disk with bolt stamped "LS 6379";

13) South 70°14'16" East, 59.22 feet to the POINT OF BEGINNING, containing 593,709square feet (13.630 acres), more or less, measured in ground distances, as depicted on the Plat toAccompany Legal Description, attached and hereby made a part of this Legal Description.

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

(d) Port Sliver Properties. The Port Sliver Properties arecomprised of Parcel 9 and Parcel 10 which are described as follows:

Parcel 9

A portion of the lands described as Parcel 2 in that certain Quitclaim Deed between the State ofCalifornia and the City of Oakland, recorded February 23, 1979 as Doc. No. 79-034788 of OfficialRecords, in the Office of the Recorder of Alameda County (hereinafter referred to as Doc. 79-034788), being more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 25 of Records of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 06°22'58" West, 3704.99 feet to the western most corner of said Parcel 2 (Doc. 79-034788), said corner being marked by a concrete nail and CalTrans tag set flush, as shown onRecord of Survey No. 1687, filed in Book 25 of Records of Surveys, at Pages 58-69, AlamedaCounty Official Records, and being the POINT OF BEGINNING of Parcel 9 as hereindescribed;

Thence along the western and generally northern lines of said Parcel 2 (Doc. 79-034788) thefollowing three courses:

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1) North 21°36'13" East, 249.00 feet to an angle point marked by a 1" iron pipe andCalTrans cap under a cyclone fence, as shown on said Record of Survey No. 1687;

2) North 75°30'42" East, 642.22 feet to an angle point marked by a 1" iron pipe andCalTrans cap, as shown on said Record of Survey No. 1687;

3) North 78°23'41" East, 398.56 feet to the western most corner of Parcel 2 described in thatcertain Grant Deed from the City of Oakland to the State of California, recorded February 3, 1995as Doc. No. 95-028117 of Official Records, in the Office of the Recorder of Alameda County(hereinafter referred to as Doc. 95-028117), said corner being marked by a railroad spike inasphalt, as shown on said Record of Survey No. 1687;

Thence along the generally southern line of said Parcel 2 (Doc. 95-028117) the following sixcourses:

1) North 89°46'56" East, 212.20 feet;

2) North 85°56'18" East, 430.96 feet;

3) North 60°51'27" East, 202.98 feet to the beginning of a non-tangent curve concavesoutherly, having a radius of 1492.00 feet and a central angle of 6°52'33", from which beginningthe radius point bears South 03°12'08" West;

4) along said curve to the right, an arc distance of 179.05 feet to an angle point from whichthe radius point bears South 10°04'41" West;

5) South 20°40'48" East, 21.16 feet to an angle point marked by a 1" iron pipe and CalTranscap, as shown on said Record of Survey No. 1687;

6) North 69°19'13" East, 78.44 feet to a point on the generally northeast line of said Parcel2 (Doc. 79-034788), being the beginning of a non-tangent curve concave southwesterly, having aradius of 571.21 feet and a central angle of 4°19'29", being marked by a 1" iron pipe andCalTrans cap, as shown on said Record of Survey No. 1687, from which beginning the radiuspoint bears South 28°56'43" West;

Thence along the generally northeast line of said Parcel 2 (Doc. 79-034788) the following twocourses:

1) along said curve to the right, an arc distance of 43.12 feet to a point of tangency markedby a 1" iron pipe and CalTrans cap, as shown on said Record of Survey No. 1687;

2) South 56°43'48" East, 98.27 feet to a point on the northwest line of the lands described inthat certain Final Judgment as to Tract 23, United States of America vs. City of Oakland, State ofCalifornia, et al., Case No. 21930-L, District Court of the United States in and for the NorthernDistrict of California, Southern Division, recorded January 11, 1950 in Book 5987 of OfficialRecords, Page 319 in the Office of the Recorder of Alameda County (hereinafter referred to as5987 O.R. 319), being marked by a 1" iron pipe and CalTrans cap, as shown on said Record ofSurvey No. 1687;

Thence along said northwest line of said Tract 23 (5987 O.R. 319), South 71°46'34" West, 315.39feet to an angle point in the generally northwest line of the lands described in that certain FinalJudgment as to Tract 5, United States of America vs. City of Oakland, State of California, et al.,Case No. 21930-L, District Court of the United States in and for the Northern District ofCalifornia, Southern Division, recorded February 16, 1951 in Book 6361 of Official Records, Page334 in the Office of the Recorder of Alameda County (hereinafter referred to as 6361 O.R. 334),

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said angle point being marked by a 1 1/2" brass disk in top of concrete culvert, as shown on saidunrecorded map entitled "Oakland Army Terminal Boundary Map" (the Army Map);

Thence along the generally northwest line of said Tract 5 (6361 O.R. 334), South 64°17'11" West,397.63 feet to a point on the generally southern line of Parcel "S" described in that certainIndenture and Conveyance by and between the State of California, acting by and through itsDepartment of Public Works and the California Toll Bridge Authority, and the City of Oakland, amunicipal corporation, acting by and through its Board of Port Commissioners, recorded February17, 1942 in Book 4186 of Official Records, Page 156, in the Office of the Recorder of AlamedaCounty (hereinafter referred to as 4186 O.R. 156);

Thence along said generally southern line of said Parcel "S" (4186 O.R. 1 5 6),South 81°36'26" West, 1660.88 feet to the POINT OF BEGINNING, containing 543,619 squarefeet (12.480 acres), more or less, measured in ground distances.

Parcel 10

A portion of the lands described in that certain act of the legislature of the State of Californiaentitled "An act granting certain tide lands and submerged lands of the State of California to thecity of Oakland and regulating the management, use and control thereof," approved May 1, 191 1as Chapter 657 of Statutes of 1911, and amendatory acts, more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 25 of Records of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence South 38°00'05" West, 989.35 feet to the eastern most corner of Parcel Seven as describedin that certain Quitclaim Deed, recorded June 15, 1999 as Doc. No. 99-222447 of OfficialRecords, in the Office of the Recorder of Alameda County (hereinafter referred to as Doc. 99-222447), being a point on the agreed upon location of the "Low Tide Line of 1852" as describedin City of Oakland Ordinance No. 3099, a certified copy of which was recorded on October 10,1910 in Book 1837 of Deeds, Page 84, in the Office of the Recorder of Alameda County(hereinafter referred to as 1837 Deeds 84), said point being marked by a pin set in concrete in amonument well, as shown on said Army Map;

Thence northeasterly along said agreed upon location of the "Low Tide Line of 1852" (1837Deeds 84) North 41°00'50" East, 3829.19 feet to a point hereinafter referred to as Point "A";

Thence departing from the said agreed upon location of the "Low Tide Line of 1852", North48°48'07" West, 1380.09 feet to a point on the generally southern line of Parcel 1, Tract 14 asdescribed in said Final Judgment as to Interests of Defendant City of Oakland, A MunicipalCorporation, United States of America vs. City of Oakland et al., Case No. 21758-L, Case No.21930-L, Case No. 22084-L (Reel: 32, Image:660), being the POINT OF BEGINNING of Parcel10 as herein described;

Thence along the generally southern line of said Parcel 1 (Reel: 32, Image: 660) the following twocourses:

1) North 86°48'30" East, 461.63 feet to an angle point;

2) South 08°03'07" West, 385.68 feet to a point on a line that bears North 48°48'07" Westfrom the herein above described Point "A";

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Thence North 48°48'07" West, 540.75 feet to the POINT OF BEGINNING, containing 87,323square feet (2.005 acres), more or less, measured in ground distances.

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

(e) East Maritime Property. The East Maritime Property iscomprised of Parcels 5, 6, 2A, 2B and U.P. Assignment Parcel 1 whichare described as follows:

Parcel 5

A portion of the lands described in that certain Judgment, United States of America vs. SouthernPacific Railroad Company et al., Case No. 22212-R, District Court of the United States in and forthe Northern District of California, Southern Division, recorded October 23, 1943, in Book 4453of Official Records, Page 70 in the Office of the Recorder of said Alameda County (hereinafterreferred to as 4453 O.R. 70) being that portion of said lands described as "Parcel 3" in anunrecorded "Transfer and Acceptance of Military Real Property", from the Naval FacilitiesEngineering Command to the Department of the Army, Sacramento District Engineers, datedOctober 22, 1970; A portion of the Parcel of land described in that certain Indenture between theSouthern Pacific Company and the United States of America, recorded March 2, 1942, in Book4189 of Official Records, Page 197 in the Office of the Recorder of said Alameda County(hereinafter referred to as 4189 O.R. 197); A portion of that parcel of land described in that certain_ .111=11101C OCIMCCI1 LI1C JOULIICIII raeiiie uompany M10 w IJ111LCU JLZILCS 01 I-1.111C1 1CeUl UCC1

February 15, 1979 as Document 79-030025, in the Office of the Recorder of said Alameda County(hereinafter referred to as Doc. 79-030025); A portion of those Parcels of land described in thatcertain Indenture between the Southern Pacific Company and the United States of America,recorded April 23, 1941, in Book 4017 of Official Records, Page 485 in the Office of the Recorderof said Alameda County (hereinafter referred to as 4017 O.R. 485); And a portion of those Parcelsof land described in that certain Indenture between the Southern Pacific Company and the UnitedStates of America, recorded October 6, 1941, in Book 4121 of Official Records, Page 191 in theOffice of the Recorder of said Alameda County (hereinafter referred to as 4121 O.R. 191), all ofwhich are more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 25 of Records of Survey, at Pages 50-60, Alameda County OfficialRecords;

Thence South 38°00'05" West, 989.35 feet to the northern most corner of Parcel Six as describedin that certain Quitclaim Deed, recorded on June 15, 1999 as Doc. No. 99-222447 of OfficialRecords, in the Office of the Recorder of Alameda County (hereinafter referred to as Doc. 99-222447), being a point on the agreed upon location of the "Low Tide Line of 1852" as describedin City of Oakland Ordinance No. 3099, a certified copy of which was recorded on October 10,1910 in Book 1837 of Deeds, Page 84, in the Office of the Recorder of Alameda County(hereinafter referred to as 1837 Deeds 84), said point being marked by a pin set in concrete in amonument well, as shown on said Army Map;

• __ • A ---- .1 • • .1

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Thence along the northern line of said Parcel Six (Doc. 99-222447) South 51°26'30" East, 210.65feet to the eastern line of the roadway easement connecting Seventh Street with Maritime Streetdescribed in the document recorded on July 5, 1979 as Doc. No. 79-130905 of Official Records, inthe Office of the Recorder of Alameda County (hereinafter referred to as Doc. 79-130905), beingthe POINT OF BEGINNING of Parcel 5 as herein described;

Thence northerly along said eastern line of said roadway easement (Doc. 79-130905) thefollowing three courses:

1) North 00°04'41" East, 13.30 feet;

2) North 14°23'58" West, 88.56 feet to the beginning of a curve concave easterly, having aradius of 297.98 feet and a central angle of 55°24'48";

3) along said curve to the right, an arc distance of 288.19 feet to a point of tangency on saidagreed upon location of the "Low Tide Line of 1852" (1837 Deeds 84);

Thence northerly along said agreed upon location of the "Low Tide Line of 1852"North 41°00'50" East, 1633.72 feet to the southern line of the "Parcel Encompassing Building762" as described in that certain unrecorded "Transfer and Acceptance of Military Real Property"from the Military Traffic Management Command of the Oakland Army Base to the 63 rd RSC,dated September 3, 1997 (herein after referred to as the Building 762 Parcel);

Thence along the southern, eastern and northern lines of said Building 762 Parcel the followingthree courses:

1) South 81°54'53" East, 424.30 feet to an angle point marked by a rebar and cap stamped"LS 5671";

2) North 07°51'10" East, 200.86 feet to an angle point marked by a rebar and cap stamped"LS 5671";

3) North 82°00'39" West, 293.72 feet to a point on said agreed upon location of the "LowTide Line of 1852";

Thence northerly along said agreed upon location of the "Low Tide Line of 1852"North 41°00'50" East, 1642.10 feet to a point hereinafter referred to as Point "A", said Point "A"bearing North 41°00'50" East, 3829.19 feet from the POINT OF BEGINNING;

Thence departing from said agreed upon location of the "Low Tide Line of 1852"South 48°48'07" East, 534.07 feet;

Thence North 45°53'06" East, 550.21 feet to the beginning of a curve concave southeasterly,having a radius of 1739.00 feet and a central angle of 30°14'40";

Thence along said curve to the right, an arc distance of 917.96 feet;

Thence North 76°07'45" East, 555.85 feet to the beginning of a curve concave northerly having aradius of 599.96 feet and a central angle of 3°36'49";

Thence along said curve to the left, an arc distance of 37.84 feet to the point of a cusp lying on thegenerally southwestern line of Parcel 56444 as described in that certain Quitclaim Deed (1-880Connector Corridor) recorded on February 13, 2002 as Document No. 2002072863 of OfficialRecords in the Office of the Recorder of Alameda County (hereinafter referred to as Doc.2002072863), being the beginning of a non-tangent curve concave westerly, having a radius of

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926.00 feet and a central angle of 38°44'06", from which beginning the radius point bearsSouth 66°43'21" West;

Thence along said curve to the right, an arc distance of 626.03 feet to the intersection of said curvewith the southeastern line of Parcel No. 1 as described in said Indenture between the SouthernPacific Company and the United States of America (4121 O.R. 191), from which intersection theradius point bears North 74°32'33" West;

Thence along the southeastern line of said lands of said Parcel 1 (4121 O.R. 191), the southeasternline of said parcel of land described in the Indenture between the Southern Pacific Company andthe United States of America (Doc. 79-030025) and the southeastern line of said parcel of landdescribed in the Indenture between the Southern Pacific Company and the United States ofAmerica (4189 O.R. 197), South 44°38'39" West, 2418.42 feet to an angle point in thesoutheastern line of said parcel (4189 O.R. 197);

Thence continuing along said southeastern line (4189 O.R. 197), South 50°22'32" West, 2558.74feet to the eastern most corner of said Parcel Six described in said Quitclaim Deed (Doc. 99-222447);

Thence, along the northern line of said Parcel Six (Doc. 99-222447), the following five courses:

1) North 81°56'42" West, 579.78 feet;

2) North 56°26'26" West, 360.91 feet;

3) North 20°08'21" West, 15.45 feet;

4) North 14°24'00" West, 25.00 feet;

5) North 00°04'48" East, 10.68 feet to the POINT OF BEGINNING, containing 6,556,944square feet (150.527 acres), more or less, measured in ground distances.

EXCEPTING THEREFROM that portion of Parcel 5 as hereinabove described commonlyreferred to as the "Building 780 Parcel" being more particularly described as follows:

Parcel 1A

A portion of that certain Parcel of land described in that certain Indenture between the SouthernPacific Company and the United States of America, recorded March 2, 1942, in Book 4189 ofOfficial. Records, Page 197 in the Office of the Recorder of said Alameda County (hereinafterreferred to as 4189 O.R. 197), being Parcel B as described in that unrecorded "Transfer andAcceptance of Military Real Property" from the Military Traffic Management Command of theOakland Army Base to the 63 rd RSC, dated December 17, 1998 and being more particularlydescribed as follows (hereinafter referred to as the Building 780 Parcel):

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10 th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 25 of Records of Survey, at Pages 50-60, Alameda County OfficialRecords;

Thence North 77°06' l 1" East 1106.11 feet to the western most corner of said Building 780 Parcel,said corner being marked by a bolt and washer stamped "LS 6379", being the POINT OFBEGINNING of Parcel lA as herein described;

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Thence along the northwest, northeast, southeast and generally southwestern lines of said Building780 Parcel, the following eight courses:

1) North 08°06'06" East, 425.20 feet to the northern most corner of said parcel, said cornerbeing marked by a concrete nail and shiner stamped "LS 6379";

2) South 81°58'14" East, 655.73 feet to the eastern most corner of said parcel;

3) South 08°01'46" West, 294.89 feet to the southeast corner of said parcel, said cornerbeing marked by a pipe and plug stamped "LS 6379";

4) North 82°02'59" West, 117.67 feet to an angle point in said generally southwestern line,said angle point being marked by a pipe and plug stamped "LS 6379";

5) North 07°49'06" East, 31.76 feet to an angle point in said generally southwestern line,said angle point being marked by a pipe and plug stamped "LS 6379";

6) North 82°00'47" West, 261.81 feet to an angle point in said generally southwestern line;

7) South 07°59'16" West, 161.25 feet to an angle point in said generally southwestern line,said angle point being marked by a 2.5" brass disk and bolt stamped "LS 6379";

8) North 82°03'57" West, 276.78 feet to the POINT OF BEGINNING, containing 221,199square feet (5.078 acres) more or less, measured in ground distances.

The net area for Parcel 5 as hereinabove described (Parcel 5 area minus the area for the Building780 Parcel) contains 6,335,745 square feet (145.449 acres), more or less, measured in grounddistances.

PARCEL 6

A portion of Parcel No. 4 described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords, Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485); A portion of Parcel No. 2 described in that certain Indenture between theSouthern Pacific Company and the United States of America, recorded October 6, 1941, in Book4121 of Official Records, Page 191 in the Office of the Recorder of said Alameda County(hereinafter referred to as 4121 O.R. 191); And a portion of the Parcel 1, Tract 1 described in thatcertain Final Judgment as to Tract 1 and as to Lack of Interests of Certain Persons as to PropertySubject to the Above Action, United States of America vs. Santa Fe Land and Improvement Co.,Southern Pacific Railroad Company et al., Case No. 23099-S, District Court of the United Statesin and for the Northern District of California, Southern Division, recorded October 22, 1951, inBook 6566 of Official Records, Page 301 in the Office of the Recorder of said Alameda County(hereinafter referred to as 6566 O.R. 301), all of which are more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Records of Survey, at Pages 50-60, Alameda County OfficialRecords;

Thence North 48°22'05" East, 5692.24 feet to the northern most corner of Parcel 1, Tract 1 asdescribed in said Final Judgment as to Tract 1 and as to Lack of Interests of Certain Persons as to

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Page 101: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

3) North 40°33'22" East, 49.03 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped LS 6379;

4) North 37°08'59" East, 99.92 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped LS 6379;

5) North 30°42'24" East, 148.96 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped LS 6379;

6) North 25°50'39" East, 100.04 feet to the beginning of a curve concave westerly having aradius of 199.99 feet and a central angle of 25°52'29", said beginning of curve being marked by anail and washer with tag stamped LS 6379;

7) along said curve to the left, an arc distance of 90.32 feet to the beginning of a curveconcave southwesterly, having a radius of 354.97 feet and a central angle of 59°49'02", saidbeginning of curve being marked by a nail and washer with tag stamped LS 6379;

8) along said curve to the left, an arc distance of 370.59 feet to an angle point in said line,said point being marked by a 1 'A" brass disk with bolt stamped LS 6379;

9) North 71°25'40" West, 87.02 feet to an angle point in said line, said point being markedby a 1 'A" brass disk with bolt stamped LS 6379;

10) North 74°35'56" West, 103.17 feet to an angle point in said line, said point being markedby a 1 '/2" brass disk with bolt stamped LS 6379;

11) North 71°46'24" West, 32.44 feet to an angle point in said line, said point being markedby a 1 '/2" brass disk with bolt stamped LS 6379;

12) North 70°14'16" West, 42.04 feet to the beginning of a non-tangent curve concavesouthwesterly, having a radius of 599.96 feet and a central angle of 20°37'16", from whichbeginning the radius point bears South 56°55'26" West;

Thence along said curve to the left, an arc distance of 215.93 feet to a point on the generallysoutheastern line of Parcel 2, Tract 14 as described in said Final Judgment as to Interests ofDefendant City of Oakland, A Municipal Corporation, United States of America vs. City ofOakland et al., Case No. 21758-L, Case No. 21930-L, Case No. 22084-L (Reel: 32, Image:660)also being the southeastern line of former 34 th Street (now Wake Avenue);

Thence along said generally southeastern line of Parcel 2, Tract 14 (Reel: 32, Image:660) alsobeing the southeastern line of former 34 th Street (now Wake Avenue), North 79°58'02" East, 9.41feet to the POINT OF BEGINNING, containing 197,424 square feet (4.532 acres), more or less,measured in ground distances.

TOGETHER WITH:

Parcel 2A

All right, title and interest in and to Tract 1, Parcel 2 described in that certain Final Judgment as toTract 1 and as to Lack of Interests of Certain Persons as to Property Subject to the Above Action,United States of America vs. Santa Fe Land and Improvement Co., Southern Pacific RailroadCompany et. al., Case No. 23099-S, District Court of the United States in and for the NorthernDistrict of California, Southern Division, recorded October 22, 1951, in Book 6566 of OfficialRecords, Page 301 in the Office of the Recorder of said Alameda County (hereinafter referred toas 6566 O.R. 301), being (1) all right title and interest in and to the existing over-head vehicularand/or railroad trestle located on said land (to the extent that the trestle still exists), and (2) APerpetual Easement to use, patrol, maintain, operate, repair and/or reconstruct said existing over-

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head vehicular and/or railroad trestle in, over and across the property, including (but not by way oflimitation) all such rights as were created by deed from Southern Pacific Railroad Company, acorporation, et al., to State of California, dated January 26, 1940 and recorded December 18, 1940in Volume 4015 at page 159, Official Records of Alameda County (herein after referred to as 4015O.R. 159), and being more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence, North 48°22'05" East 5692.24 feet to the most northerly corner of Parcel 1, Tract 1 asdescribed in said Final Judgment as to Tract 1 and as to Lack of Interests of Certain Persons as toProperty Subject to the Above Action, United States of America vs. Santa Fe Land andImprovement Co., Southern Pacific Railroad Company et. al., Case No. 23099-S (6566 O.R. 301),said corner being the northwesterly terminus of the course "North 71°40'17" West 585.40 feet" inthe description for said Parcel 1, Tract 1 (6566 O.R. 301), said corner being marked by a 2 1/2"brass disk with punch mark stamped "City of Oakland Survey Station 8NW9" as shown on Recordof Survey No. 1705, filed in Book 26 of Record of Surveys, at Page 1, Alameda County OfficialRecords;

Thence, along the northeasterly lines of said Parcel 1, Tract 1 (6566 O.R. 301) the following fourcourses:

1) South 70°28'41" East, 585.40 feet to an angle point in said line;

2) South 72°37'22" East, 182.32 feet to an angle point in said line;

3) South 76°59'49" East, 90.66 feet to an angle point in said line;

4) South 73°41'18" East, 136.19 feet to the most easterly corner of said Parcel 1 , Tract1(6566 O.R. 301), said corner being the POINT OF BEGINNING;

Thence South 73°42'10" East, 3.70 feet to the beginning of a non-tangent curve concavesouthwesterly, having a radius of 534.64 feet and a central angle of 33°28'21, from which theradius point bears South 36°56'18" West;

Thence along said curve to the right, an arc distance of 312.34 feet to the beginning of a non-tangent curve concave westerly, having a radius of 3984.81 feet and a central angle of 01°34'21",from which the radius point bears North 70°35'22" West;

Thence along said curve to the right, an arc distance of 109.36 feet to the beginning of a non-tangent curve concave westerly, having a radius of 4595.37 feet and a central angle of 0°17'23",from which the radius point bears North 69°01'01" West;

Thence along said curve to the right, an arc distance of 23.24 feet;

Thence South 05°47'40" East, 45.22 feet;

Thence South 25°13'46" West, 15.00 feet to the beginning of a non-tangent curve concavesoutheasterly, having a radius of 655.70 feet and a central angle of 03°38'17", from which theradius point bears South 54°58'48" East;

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Thence along said curve to the left, an arc distance of 41.63 feet to the beginning of a non-tangentcurve concave southwesterly, having a radius of 434.65 feet and a central angle of 52°03'51", fromwhich the radius point bears North 84°55'35" West;

Thence along said curve to the left, an arc distance of 394.96 feet to the beginning of a non-tangent curve concave southwesterly, having a radius of 682.84 feet and a central angle of01°11'51", from which the radius point bears South 44°12'24" West;

Thence along said curve to the left, an arc distance of 14.27 feet;

Thence North 17°25'06" East, 105.53 feet to the POINT OF BEGINNING, containing 34,969square feet (0.803 acres) more or less, measured in ground distances.

AND ALSO TOGETHER WITH:

Parcel 2B

That portion of the lands described in that certain Indenture between the United States of Americaand the East Bay Municipal Utility District, recorded August 22, 1973 at Reel 3494, Image 953 inthe office of the Recorder of said Alameda County (Reel:3494, Image:953), being an Easement forArmy Drill Track Purposes over and across said portion of lands (Reel:3494, Image:953) beingmore particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofFnaineerc Vile Nn AS-T-1R6 (hereinafter referred to ac the Armv Man) caul mnnument is further

described as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence, North 48°22'05" East 5692.24 feet to the most northerly corner of Parcel 1, Tract 1 asdescribed in said Final Judgment as to Tract 1 and as to Lack of Interests of Certain Persons as toProperty Subject to the Above Action, United States of America vs. Santa Fe Land andImprovement Co., Southern Pacific Railroad Company et. al., Case No. 23099-S (6566 O.R. 301),said corner being the northwesterly terminus of the course "North 71°40'17" West 585.40 feet" inthe description for said Parcel 1, Tract 1 (6566 O.R. 301), said corner being marked by a 2 1/4"brass disk with punch mark stamped "City of Oakland Survey Station 8NW9" as shown on Recordof Survey No. 1705, filed in Book 26 of Record of Surveys, at Page 1, Alameda County OfficialRecords;

Thence along the southerly line of former 34 th Street (now Wake Avenue), also being thesoutherly line of Parcel 2, Tract 14 as described in said Final Judgment as to Interests ofDefendant City of Oakland, A Municipal Corporation, United States of America vs. City ofOakland et. al., Case No. 21758-L, Case No. 21930-L, Case No. 22084-L (Reel: 32, Image:660)the following two courses:

1) North 79°57'58" East, 295.64 feet;

2) North 76°48'55" East, 942.61 feet to a point on a curve that is concentric with and 60.00feet westerly of the western line of the Southern Pacific Company Right of Way, as said right ofway is shown upon said unrecorded map (Army Map), said western line also being the eastern lineof the said easement for drill track purposes (Reel:3494, Image:953), said concentric curve being anon-tangent curve concave westerly, having a radius of 7529.50 feet and a central angle of

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04°36'37", from which the radius point bears North 75°31'12" West, said point on said concentriccurve being the POINT OF BEGINNING of the Parcel 2B as herein described;

Thence along said concentric curve to the left, an arc distance of 605.85 feet to the beginning of acompound curve concave westerly, having a radius of 10632.98 feet and a central angle of01°47'52", from which the radius point bears North 80°07'49" West, said compound curve alsobeing concentric with and 60.00 feet westerly of the western line of the said Southern PacificCompany Right of Way, as said right of way is shown upon said unrecorded map (Army Map);

Thence along said concentric curve to the left, an arc distance of 333.62 feet to the northeasterlyline of the said lands described in that certain Indenture between the United States of America andthe East Bay Municipal Utility District (Ree1:3494, Image:953);

Thence along said northeasterly line South 58°07'37" East, 65.54 feet to a point on said westernline of the said Southern Pacific Company Right of Way, as said right of way is shown upon saidunrecorded map (Army Map), said point being the beginning of a non-tangent curve concavewesterly, having a radius of 10692.98 feet and a central angle of 01°39'22", from which the radiuspoint bears North 81°47'10" West;

Thence along said western line of the said Southern Pacific Company right of way, as said right ofway is shown upon said unrecorded map (Army Map) the following two courses:

1) along said curve to the right, an arc distance of 309.06 feet to the beginning of acompound curve, concave westerly having a radius of 7589.49 feet and a central angle of04°22'23";

2) along said curve to the right, an arc distance of 579.26 feet to the said southerly line offormer 34 1h Street;

Thence along said southerly line of former 34 th Street South 76°48'55" West, 67.67 feet to the"MIN 1 Vr BEILAINIIMINI Cy, containing 41. 6 4.i. i square teet (1.2'9 acres) more or less, measured inground distances.

Bearings and distances called for herein for Parcels 5, 6, 2A and 2B are based upon the CaliforniaCoordinate System, Zone III, North American Datum of 1983 (1986 values) as shown upon thatcertain map entitled Record of Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60,Alameda County Records unless otherwise indicated. To obtain ground level distances, multiplydistances called for herein by 1.0000705.

AND ALSO TOGETHER WITH:

UP. Assignment Parcel 1

That certain easement for railroad and transportation purposes over, across, and upon that certainreal property described in that certain Indenture between Oakland Terminal Company and theSouthern Pacific Company, recorded December 4 , 1922 in Book 323 of Official Records, at page185, in the Office of the Recorder of said Alameda County, as said easement for railroad andtransportation purposes is described in that certain unrecorded Grant of Easement executedNovember 22, 1965 and commonly referred to as Oakland Army Base, Tract 236E, which is moreparticularly described therein as follows:

All that certain piece or parcel of land, 20 feet in width, situated, lying and being in the City ofOakland, County of Alameda, State of California, and more particularly described as follows:

BEGINNING at a point on the southerly line of 34 th Street (60 feet wide) distant thereon South75°37' West, 42.84 feet from a Corps of Engineers standard disc in concrete, said disc being thepoint of intersection of said southern line of 34 th Street with the westerly line of land (100 feet

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wide) of Southern Pacific Company as described in deed dated January 23, 1879, from CharlesCrocker to Northern Railway Company, recorded January 27, 1879, in Deed Book 175 at page115, Records of Alameda County; thence South 22°26'32" West leaving said southerly line,522.96 feet to a point; thence southwesterly on a curve to the left having a radius of 372.24 feet(tangent to said curve at last mentioned point is last described course and chord of said curve bearsSouth 20°08'59" West, 29.78 feet) an arc distance of 29.79 feet to a point; thence South 17°51'26"West tangent to said curve at last mentioned point, 104.70 feet to a point; thence southwesterly ona curve to the right having a radius of 392.24 feet (tangent to said curve at last mentioned point islast described course and chord of said curve bears South 24°21'26" West, 88.81 feet) an arcdistance of 89.00 feet to a point of compound curve; thence continuing southwesterly on a curve tothe right having a radius of 613.29 feet (tangent to said curve at last mentioned point bears South30°51'26" West and chord of said curve bears South 43°33'26" West, 269.66 feet) an arc distanceof 271.88 feet to a point; thence South 56°15'26" West tangent to said curve at last mentionedpoint, 73.90 feet to a point; thence southwesterly on a curve to the left having a radius of 499.50feet (tangent to said curve at last mentioned point is last described course and chord of said curvebears South 49°21'12" West, 120.09 feet) an arc distance of 120.38 feet to a point in the easterlyline of land described as Parcel No. 2 in deed dated July 7, 1941, from Southern Pacific Companyto United States of America, recorded October 6, 1941, in Volume 4121 of Official Records atpage 191, Records of Alameda County; thence North 29°48'45" East along said easterly line,70.51 feet to a point; thence northeasterly on a curve to the right having a radius of 519.50 feet(tangent to said curve at last mentioned point bears North 50°03'33" East and chord of said curvebears North 53°09'30" East, 56.17 feet) an arc distance of 56.20 feet to a point; thence North56°15'26" East tangent to said curve at last mentioned point, 73.90 feet to a point; thencenortheasterly on a curve to the left having a radius of 593.29 feet (tangent to said curve at lastmentioned point is last described course and chord of said curve bears North 43°33'26" East,260.87 feet) an arc distance of 263.01 feet to a point of compound curve; thence continuingnortheasterly on a curve to the left having a radius of 372.24 feet (tangent to said curve at lastmentioned point bears North 30°51'26" East and chord of said curve bears North 24°21'26" East,84.28 feet) an arc distance of 84.46 feet to a point; thence North 17°51'26" East tangent to saidcurve at last mentioned point, 104.70 feet to a point; thence northeasterly on a curve to the righthaving a radius of 392.24 feet (tangent to said curve at last mentioned point is last describedcourse and chord of said curve bears North 20°08'59" East, 31.38 feet) an arc distance of 31.39feet to a point; thence North 22°26'32" East tangent to said curve at last mentioned point, 507.99feet to a point in said southerly line of 34 th Street; thence North 75°37' East along said southerlyline, 24.99 feet to the POINT OF BEGINNING, containing an area of 0.535 of an acre, more orless.

End of Description

(f) East Maritime Army Reserve Property. The EastMaritime Army Reserve Property is comprised of Parcel 1A, Parcel 1Band Parcel 15A, which are described as follows:

Parcel lA

A portion of that certain Parcel of land described in that certain Indenture between the SouthernPacific Company and the United States of America, recorded March 2, 1942, in Book 4189 ofOfficial Records, Page 197 in the Office of the Recorder of said Alameda County (hereinafterreferred to as 4189 O.R. 197), being Parcel B as described in that unrecorded "Transfer andAcceptance of Military Real Property" from the Military Traffic Management Command of theOakland Army Base to the 63 rd RSC, dated December 17, 1998 and being more particularlydescribed as follows (hereinafter referred to as the Building 780 Parcel):

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps of

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Page 106: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Engineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID FI006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 77°06'11" East 1106.11 feet to the westerly most corner of said Building 780Parcel, said corner being marked by a bolt and washer stamped "LS 6379", being the POINT OFBEGINNING of Parcel I A;

Thence along the northwesterly, northeasterly, southeasterly and southwesterly lines of saidBuilding 780 Parcel, the following eight courses:

1) North 8°06'06" East, 425.20 feet to the most northerly corner of said parcel, said cornerbeing marked by a concrete nail and shiner stamped "LS 6379";

2) South 81°58'14" East, 655.73 feet to the most easterly corner of said parcel;

3) South 8°01'46" West, 294.89 feet to the southeasterly corner of said parcel, said cornerbeing marked by a pipe and plug stamped "LS 6379";

4) North 82°02'59" West, 117.67 feet to an angle point in said southwesterly line, said anglepoint being marked by a pipe and plug stamped "LS 6379";

5) North 7°49'06" East, 31.76 feet to an angle point in said southwesterly line, said anglepoint being marked by a pipe and plug stamped "LS 6379";

6) North 82°00'47" West, 261.81 feet to an angle point in said southwesterly line;

7) South 7°59'16" West, 161.25 feet to an angle point in said southwesterly line, said anglepoint being marked by a 2.5" brass disk and bolt stamped "LS 6379";

8) North 82°03'57" West, 276.78 feet to the POINT OF BEGINNING, containing 221,199square feet (5.078 acres) more or less, measured in ground distances.

Parcel 1B

A portion of that Parcel of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded February 15, 1979 as Document 79-030025,in the Office of the Recorder of said Alameda County (hereinafter referred to as Doc. 79-030025);A portion of the Parcel of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded March 2, 1942, in Book 4189 of OfficialRecords, Page 197 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4189 O.R. 197); A portion of the lands described in that certain Final Judgment as to Interestsof Defendant City of Oakland, A Municipal Corporation, United States of America vs. City ofOakland et. al., Case No. 21758-L, Case No. 21930-L, Case No. 22084-L, District Court of theUnited States in and for the Northern District of California, Southern Division, recorded February24, 1960, Reel 032, Image 660 of Official Records in the Office of the Recorder of said AlamedaCounty herein after referred to as Ree1:032, Image 660) all of which being the "ParcelEncompassing Building 762" as described in that certain unrecorded "Transfer and Acceptance ofMilitary Real Property" from the Military Traffic Management Command of the Oakland ArmyBase to the 63 rd RSC, dated September 3, 1997 (herein after referred to as the Building 762Parcel), and being more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10 th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps of

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Page 107: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Engineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence, North 43°48'16" East 958.07 feet to the most westerly corner of said Building 762 Parcel,said corner being marked by a 5/8" rebar with plastic cap stamped "LS 5671" being the POINTOF BEGINNING;

Thence, along the northwesterly, northeasterly, southeasterly and southwesterly lines of saidparcel, the following four courses:

1) North 41°02'39" East, 238.78 feet to the most northerly corner of said parcel;

2) South 82°00'39" East, 299.96 feet to the most easterly corner of said parcel, said cornerbeing marked by a 5/8" rebar with plastic cap stamped "LS 5671";

3) South 07°51'10" West, 200.86 feet to the most southerly corner of said parcel, said cornerbeing marked by a 5/8" rebar with plastic cap stamped "LS 5671";

4) North 81°54'53" West, 430.68 feet to the POINT OF BEGINNING, containing 73,278square feet (1.682 acres) more or less, measured in ground distances.

Parcel 15A

A portion of the Parcels of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords, Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485); A portion of the lands described in that certain Final Judgment as to Interests

Oakland, et al., Case No. 21758-L, Case No. 21930-L, Case No. 22084-L, District Court of theUnited States in and for the Northern District of California, Southern Division, recorded February24, 1960, Reel 032, Image 660 of Official Records in the Office of the Recorder of said AlamedaCounty (hereinafter referred to as Reel: 32, Image:660); A portion of the lands described in thatcertain Final Judgment as to Parcel No. 6, United States of America vs. City of Oakland, State ofCalifornia, et al., Case No. 21930-L, District Court of the United States in and for the NorthernDistrict of California, Southern Division, recorded May 23, 1960, Reel 092, Image 111 of OfficialRecords, in the Office of the Recorder of said Alameda County (hereinafter referred to asRee1:092, Image:111), all of which are more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument also beingPort of Oakland Monument ID H006 as shown upon Record of Survey 990, filed for record inBook 18 of Records of Surveys, at Pages 50-60, Alameda County Official Records;

Thence North 48°22'05" East, 5692.24 feet to the northern most corner of Parcel 1, Tract 1 asdescribed in said Final Judgment as to Tract 1 and as to Lack of Interests of Certain Persons as toProperty Subject to the Above Action, United States of America vs. Santa Fe Land andImprovement Co., Southern Pacific Railroad Company, et al., Case No. 23099-S, District Court ofthe United States in and for the Northern District of California, Southern Division, recordedOctober 22, 1951 in Book 6566 of Official Records, Page 301 in the Office of the Recorder of saidAlameda County (hereinafter referred to as 6566 O.R. 301), said corner being the northwestterminus of the course described as "North 71°40'17" West 585.40 feet" in the description of saidParcel 1, Tract 1 (6566 O.R. 301), said corner being marked by a 2 'A" brass disk with punch mark

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stamped "City of Oakland Survey Station 8NW9" as shown on Record of Survey No. 1705, filedin Book 26 of Records of Surveys, at Page 1, Alameda County Official Records;

Thence along the northwestern line of said Parcel 1, Tract 1 (6566 O.R. 301) South 79°57'58"West, 9.41 feet to the beginning of a non-tangent curve concave southwesterly, having a radius of599.96 feet and a central angle of 20°37'16", from which beginning the radius point bears South36°18'10" West;

Thence along said curve to the right, an arc distance of 215.93 feet to a point on the generallynortheastern line of Parcel A as described in an unrecorded "Transfer and Acceptance of MilitaryReal Property" from the Military Traffic Management Command of the Oakland Army Base to the63 rd R.S.C., dated December 17, 1998, said Parcel A being commonly referred to as the "SubaruLot" (said Parcel A will hereinafter be referred to as the Subaru Lot), being a point on the coursedescribed as "South 70°14'01" East, 101.26 feet" in the description of said Parcel A (the SubaruLot), and being the POINT OF BEGINNING of Parcel 15A as herein described;

Thence along the northeastern, eastern and southeastern lines of said Parcel A (the Subaru Lot) thefollowing twelve courses:

1) South 70°14'16" East, 42.04 feet to an angle point in said line, said point being markedby a 1 'A" brass disk with bolt stamped "LS 6379";

2) South 71°46'24" East, 32.44 feet to an angle point in said line, said point being markedby a 1 1/4" brass disk with bolt stamped "LS 6379";

3) South 74°35'56" East, 103.17 feet to an angle point in said line, said point being markedby a 1 1/2" brass disk with bolt stamped "LS 6379";

4) South 71°25'40" East, 87.02 feet to the beginning of a non-tangent curve concavesouthwesterly, having a radius of 354.97 feet and a central angle of 59°49'02", from which theradius point bears South 30°09'08" West, said beginning of curve being marked by a 1 1/2" brassdisk with bolt stamped "LS 6379";

5) along said curve to the right, an arc distance of 370.59 feet to the beginning of acompound curve concave westerly, having a radius of 199.99 feet and a central angle of25°52'29", said point of compound curvature being marked by a nail and washer with tag stamped"LS 6379";

6) along said curve to the right, an arc distance of 90.32 feet to a point of tangency beingmarked by a nail and washer with tag stamped "LS 6379";

7) South 25°50'39" West, 100.04 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped "LS 6379";

8) South 30°42'24" West, 148.96 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped "LS 6379";

9) South 37°08'59" West, 99.92 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped "LS 6379";

10) South 40°33'22" West, 49.03 feet to an angle point in said line, said point being markedby a nail and washer with tag stamped "LS 6379";

11) South 49°48'18" West, 93.04 feet to an angle point in said line;

12) South 56°00'39" West, 30.42 feet to the a point on the generally northeastern line ofParcel 56444 as described in that certain Quitclaim Deed, recorded on February 13, 2002 as

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Page 109: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Document No. 2002072863 of Official Records, in the Office of the Recorder of Alameda County(hereinafter referred to as Doc. 2002072863), said point being the beginning of a non-tangentcurve concave southwesterly, having a radius of 1647.00 feet and a central angle of 7°43'56", fromwhich beginning point the radius point bears South 46°46'37" West;

Thence along the generally northeastern line of said Parcel 56444 (Doc. 2002072863) along saidcurve to the left, an arc distance of 222.27 feet to the point of a cusp from which the radius pointbears South 39°02'41" West, being the beginning of a non-tangent curve concave westerly, havinga radius of 599.96 feet and a central angle of 75°47'00", from which beginning the radius pointbears North 47°17'35" West;

Thence along said curve to the left an arc distance of 793.54 feet to the POINT OFBEGINNING, containing 235,326 square feet (5.402 acres), more or less, measured in grounddistances, as depicted on the Plat to Accompany Legal Description, attached and hereby made apart of this Legal Description.

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Records of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

(g) CalTrans Port Entry Property. The CalTrans Port EntryProperty is comprised of CalTrans Parcels 1, 1A, 2 and 2A which aredescribed as follows:

CalTrans Parcel 1

A portion of the property described in that certain Final Judgment as to Tract 1 and as to Lack ofInterests of Certain Persons as to Property Subject to the Above Action, United States of Americavs. Santa Fe Land and Improvement Co., Southern Pacific Railroad Company et al., Case No.23099-S, District Court of the United States in and for the Northern District of California,Southern Division, recorded October 22, 1951, in Book 6566 of Official Records, Page 301 in theOffice of the Recorder of said Alameda County (hereinafter referred to as 6566 O.R. 301) moreparticularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 65°24'13" East, 5498.39 feet to a point at the intersection of the southeastern line ofTract 3 described in said Final Judgment (6566 O.R. 301) and the generally eastern right of wayline of State Highway 880 as shown on Sheet 8 of Record of Survey 1687, filed on August 7, 2000in Book 25 of Records of Surveys at Pages 58-69, Alameda County Official Records (hereinafterreferred to as 25 R/S 58), said point being on the course described on said Record of Survey 1687as "L3, North 07°21'56" West, 45.78 feet", and being the POINT OF BEGINNING of Parcel 1as herein described;

Thence along said generally eastern line of said State Highway 880 the following three courses:

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Page 110: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

1) North 07°21'50" West, 9.41 feet to an angle point;

2) North 32°49'03" East, 407.37 feet to the beginning of a curve concave northwesterly,having a radius of 3579.00 feet and a central angle of 4°51'10", said beginning being marked by a1" iron pipe and CalTrans cap as shown on said Record of Survey 1687;

3) along said curve to the left, an arc distance of 303.14 feet to the point of a cusp, being apoint on the generally eastern line of Tract 1, Parcel 4, as described in said judgment (6566 O.R.301), being the beginning of a non-tangent curve concave northwesterly, having a radius of 685.05feet and a central angle of 13°21'38", from which beginning the radius point bearsNorth 76°03'14" West;

Thence along said generally eastern line of said Tract 1, Parcel 4, along said curve to the right, anarc distance of 159.74 feet to a point on the northeastern line of 24' 11 Street, now abandoned, beingthe eastern most corner of Tract 1, Parcel 5, as described in said judgment (6566 O.R. 301), saidpoint being the beginning of a continuation of the last described curve, concave westerly, having aradius of 685.05 feet and a central angle of 5°01'47";

Thence along the eastern line of said Tract 1, Parcel 5, along said curve to the right, an arcdistance of 60.14 feet to eastern most corner of Tract 1, Parcel 6, described in said judgment (6566O.R. 301), said point being the beginning of a continuation of the last described curve, concavenorthwesterly, having a radius of 685.05 feet and a central angle of 2°34'45";

Thence along the generally eastern line of said Tract 1, Parcel 6, the following two courses:

1) along said curve to the right, an arc distance of 30.84 feet to a point of tangency;

2) South 34°56'32" West, 315.31 feet to the eastern most corner of said Tract 3;

Thence along the eastern line of said Tract 3, South 34°56'32" West, 155.69 feet to the POINTOF BEGINNING, containing 11,466 square feet (0.263 acres), more or less, measured in grounddistances.

CalTrans Parcel 1A

A portion of the property described in that certain Final Judgment as to Tract 1 and as to Lack ofInterests of Certain Persons as to Property Subject to the Above Action, United States of Americavs. Santa Fe Land and Improvement Co., Southern Pacific Railroad Company et al., Case No.23099-S, District Court of the United States in and for the Northern District of California,Southern Division, recorded October 22, 1951, in Book 6566 of Official Records, Page 301 in theOffice of the Recorder of said Alameda County (hereinafter referred to as 6566 O.R. 301) moreparticularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10'1' Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 65°24'13" East, 5498.39 feet to a point at the intersection of the southeastern line ofTract 3 described in said Final Judgment (6566 O.R. 301) and the generally eastern right of wayline of State Highway 880 as shown on Sheet 8 of Record of Survey 1687, filed on August 7, 2000in Book 25 of Records of Surveys at Pages 58-69, Alameda County Official Records (hereinafterreferred to as 25 R/S 58), said point being on the course described on said Record of Survey 1687

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Page 111: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

as "L3, North 07°21'56" West, 45.78 feet", and being the POINT OF BEGINNING of Parcel lAas herein described;

Thence along said southeastern line of said Tract 3 (6566 O.R. 301) South 34°56'32" West, 39.95feet to the southern most corner of said Tract 3;

Thence North 22°26'09" East, 199.28 feet to the northern most corner of said Tract 3 (6566 O.R.301), being a point on the southwestern line of Tract 1, Parcel 6, described in said judgment (6566O.R. 301);

Thence along said southwestern line North 56°29'36" West, 0.80 feet to the western most cornerof said Tract 1, Parcel 6 (6566 O.R. 301);

Thence along the northwestern line of said Tract 1, Parcel 6, North 18°55'47" East, 47.61 feet to apoint on the southwestern line of 23 rd Street, now abandoned, said point also being the southwestcorner of Tract 1, Parcel 7, as described in said judgment (6566 O.R. 301);

Thence along the northwestern line of said Tract 1, Parcel 7 (6566 O.R. 301) the following twocourses:

1) North 18°55'47" East, 10.83 feet to an angle point;

2) North 25°26'32" East, 50.01 feet to a point on the northeast line of said 23 rd Street, saidpoint being the northern most corner of said Tract 1, Parcel 7, and being an angle point in thegenerally western line of said Tract 1, Parcel 6;

Thence along said generally western line of said Tract 1, Parcel 6, North 25°26'32" East, 242.37feet to a point on the southwest line of 24 th Street, now abandoned, said point being the westernmost corner of Tract 1, Parcel 5 described in said judgment (6566 O.R. 301);

Thence along the northwest line of said Tract 1, Parcel 5 the following two courses:

1) North 25°26'32" East, 33.89 feet to the beginning of a curve concave northwesterly,having a radius of 4600.37 feet and a central angle of 0°19'58";

2) along said curve to the left, an arc distance of 26.72 feet to a point on the northeast line ofsaid 24th Street, said point being the western most corner of Tract 1, Parcel 4, described in saidjudgment (6566 O.R. 301), said point being the beginning of a continuation of the last describedcurve, concave northwesterly, having a radius of 4600.37 feet and a central angle of 1°32'08";

Thence along the generally western line of said Tract 1, Parcel 4, the following six courses:

1) along said curve to the left, an arc distance of 123.29 feet to the beginning of a reversecurve concave southeasterly, having a radius of 655.70 feet and a central angle of 11°26'46";

2) along said reverse curve to the right, an arc distance of 130.99 feet to an angle point fromwhich the radius point bears South 54°58'48" East;

3) North 25°13'46" East, 15.00 feet to an angle point;

4) North 05°47'40" West, 45.22 feet to the beginning of a non-tangent curve concavenorthwesterly, having a radius of 4595.37 feet and a central angle of 0°17'23", from whichbeginning the radius point bears North 68°43'38" West;

5) along said curve to the left, an arc distance of 23.24 feet to the beginning of a compoundcurve concave northwesterly, having a radius of 3984.81 feet and a central angle of 0°58'37;

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Page 112: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

6) along said curve to the left, an arc distance of 67.94 feet to the point of a cusp, fromwhich the radius point bears North 69°59'38" East, being the northern most corner of said Tract 1,Parcel 4, and being the beginning of a non-tangent curve concave southwesterly, having a radiusof 509.64 feet and a central angle of 14°00'06", from which beginning the radius point bears South73°59'07" West;

Thence along the generally eastern line of said Tract 1, Parcel 4, along said curve to the right, anarc distance of 124.55 feet to the northern most corner of Tract 1, Parcel 3, as described in saidjudgment (6566 O.R. 301), being the beginning of a continuation of the last described curve,concave westerly, having a radius of 509.64 feet and a central angle of 7°08'12";

Thence along the eastern line of said Tract 1, Parcel 3, along said curve to the right, an arcdistance of 63.48 feet to an angle point in the generally eastern line of said Tract 1, Parcel 4, beingthe beginning of a continuation of the last described curve, concave westerly, having a radius of509.64 feet and a central angle of 2°15'50";

Thence along the generally eastern line of said Tract 1, Parcel 4 the following two courses:

1) along said curve to the right, an arc distance of 20.14 feet to the beginning of a compoundcurve concave northwesterly, having a radius of 685.05 feet and a central angle of 6°33'16";

2) along said curve to the right, an arc distance of 78.37 feet to a point on the generallyeastern line of said State Highway 880 as shown on Sheet 8 of said Record of Survey 1687 (25R/S 58), being the beginning of a non-tangent curve concave northwesterly, having a radius of3579.00 feet and a central angle of 4°51'10", from which beginning the radius point bears North62°02'08" West;

Thence along said generally eastern line of said State Highway 880 the following three courses:

1) along said curve to the right, an arc distance of 303.14 feet to a point of tangency markedby a 1" iron pipe and CalTrans cap as shown on said Record of Survey 1687;

2) South 32°49'03" West, 407.37 feet to an angle point;

3) South 07°21'50" East, 9.41 feet to the POINT OF BEGINNING, containing 58,014square feet (1.332 acres), more or less, measured in ground distances.

CalTrans Parcel 2

A portion of those Parcels of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords, Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485); And a portion of those Parcels of land described in that certain Indenturebetween the Southern Pacific Company and the United States of America, recorded October 6,1941, in Book 4121 of Official Records, Page 191 in the Office of the Recorder of said AlamedaCounty (hereinafter referred to as 4121 O.R. 191), more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10 11' Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

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Thence North 58°38'49" East, 5253.63 feet to the southern most corner of Parcel A described inan unrecorded "Transfer and Acceptance of Military Real Property" from the Military TrafficManagement Command of the Oakland Army Base to the 63 rd R.S.C., dated December 17, 1998,said Parcel A being commonly referred to as the "Subaru Lot" (hereinafter referred to as theSubaru Lot), said corner being the southwest terminus of the course described as "South56°00'54" West, 39.01 feet" in the description of said Parcel A, being marked by a 1" iron pipewith plug stamped "LS 6379", being the POINT OF BEGINNING of Parcel 2 as hereindescribed;

Thence along the southeastern line of said Parcel A, North 56°00'39" East, 8.59 feet to a point onthe generally northeastern line of Parcel 56444 described in that certain Quitclaim Deed, recordedon February 13, 2002 as Document No. 2002-072863 of Official Records, in the Office of theRecorder of Alameda County (hereinafter referred to as Doc. 2002-072863), being the beginningof a non-tangent curve concave southwesterly, having a radius of 1647.00 feet and a central angleof 0°35'58", from which beginning the radius point bears South 46°46'37" West;

Thence along said generally northeastern line of said Parcel 56444 the following two courses:

1) along said curve to the right, an arc distance of 17.23 feet to a point of tangency;

2) South 42°37'24" East, 128.15 feet to the southeastern line of Parcel 2 described in saidIndenture between the Southern Pacific Company and the United States of America (4121 O.R.191);

Thence along said southeastern line of said Parcel 2 South 30°58'28" West, 101.14 feet to thenortheast line of 22nd Street, 80 feet wide, as said street is described in City of Oakland OrdinanceNo. 3099, a certified copy of which was recorded on October 10, 1910 in Book 1837 of Deeds atPage 84 in the Office of the recorder of Alameda County (hereinafter referred to as 1837 Deeds84), said point being on the northeasterly prolongation of the southeastern line of Parcel 1described in said indenture (4121 O.R. 191);

Thence along said prolongation and said southeastern line of said Parcel 1, South 44°38'39" West,608.89 feet to the southern most corner of said Parcel 56444 (Doc. 2002-072863), being thebeginning of a non-tangent curve concave southeasterly, having a radius of 926.00 feet and acentral angle of 38°44'08", from which beginning the radius point bears North 74°32'33" West;

Thence along the southwestern line of said Parcel 56444, along said curve to the left, an arcdistance of 626.03 feet to the point of a cusp from which the radius point bears South 66°43'19"West, being the beginning of a non-tangent curve concave northwesterly, having a radius of599.96 feet and a central angle of 28°21'33", from which beginning the radius point bearsNorth 17°29'03" West;

Thence departing from said southwestern line of said Parcel 56444 along said curve to the left, anarc distance of 296.96 feet to a point on the generally southwestern line of said Parcel A (theSubaru Lot), from which point the radius point bears North 45°50'36" West, being the beginningof a non-tangent curve concave southwesterly, having a radius of 1569.89 feet and a central angleof 0°05'02", from which beginning the radius point bears South 41°03'21" West;

Thence along said southwestern line of said Parcel A the following two courses:

1) along said curve to the right, an arc distance of 2.30 feet to a point of tangency marked bya 1" iron pipe with plug stamped "LS 6379";

2) South 48°51'37" East, 218.10 feet to the POINT OF BEGINNING, containing 193,360square feet (4.439 acres), more or less, measured in ground distances.

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CalTrans Parcel 2A

A portion of Parcel No. 4 described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords at Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485), being a portion of the lands commonly referred to as the "Subaru Lot" anddescribed as Parcel A in an unrecorded "Transfer and Acceptance of Military Real Property" fromthe Military Traffic Command of the Oakland Army Base to the 63 rd R.S.C., dated December 17,1998, and being more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Records of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 58°38'49" East, 5253.63 feet to the southern most corner of said Parcel A describedin said unrecorded "Transfer and Acceptance of Military Real Property" from the Military TrafficManagement Command of the Oakland Army Base to the 63 `d R.S.C., dated December 17, 1998(hereinafter referred to as the Subaru Lot), being the southwest terminus of the course described as"South 56°00'54" West, 39.01 feet" in the description of said Parcel A, being marked by a 1" ironpipe with plug stamped "LS 6379", and being the POINT OF BEGINNING of Parcel 2A asherein described;

Thence along the generally southwestern line of said Parcel A (the Subaru Lot) the following twocourses:

1) North 48°51'37" West, 218.10 feet to the beginning of a curve concave southwesterly,having a radius of 1569.89 feet and a central angle of 0°05'02", said beginning being marked by a1" iron pipe and plug stamped "LS 6379";

2) along said curve to the left, an arc distance of 2.30 feet to the point of a cusp from whichthe radius point bears South 41°03'21" West, being the beginning of a non-tangent curve concavenorthwesterly, having a radius of 599.96 feet and a central angle of 1°26'59", from whichbeginning the radius point bears North 45°50'36" West;

Thence departing from said southwestern line of said Parcel A (the Subaru Lot), along said curveto the left, an arc distance of 15.18 feet to a point on the generally northeastern line of Parcel56444 described in that certain Quitclaim Deed, recorded on February 13, 2002 as Document No.2002-072863 of Official Records, in the Office of the Recorder of Alameda County (hereinafterreferred to as Doc. 2002-072863), being the beginning of a non-tangent curve concavesouthwesterly, having a radius of 1647.00 feet and a central angle of 7°43'56", from whichbeginning the radius point bears South 39°02'41" West;

Thence along said generally northeastern line of said Parcel 56444 (Doc. 2002-072863), alongsaid curve to the right, an arc distance of 222.27 feet to the generally southeastern line of saidParcel A (the Subaru Lot);

Thence along said generally southeastern line of said Parcel A (the Subaru Lot), South 56°00'39"West, 8.59 feet to the POINT OF BEGINNING, containing 3,155 square feet (0.072 acres), moreor less, measured in ground distances.

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Record

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of Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

(h) CalTrans Parcel 5. CalTrans Parcel 5 is described asfollows :

A portion of those Parcels of land described in that certain Indenture between the Southern PacificCompany and the United States of America, recorded April 23, 1941, in Book 4017 of OfficialRecords, Page 485 in the Office of the Recorder of said Alameda County (hereinafter referred toas 4017 O.R. 485); A portion of the lands described in that certain Final Judgment as to Tract 5,United States of America vs. City of Oakland, State of California et al., Case No. 21930-L,District Court of the United States in and for the Northern District of California, SouthernDivision, recorded February 16, 1951 in Book 6361 of Official Records, Page 334 in the Office ofthe Recorder of said Alameda County (hereinafter referred to as 6361 O.R. 334); And a portion ofthe lands described in that certain Final Judgment as to Interests of Defendant City of Oakland, AMunicipal Corporation, United States of America vs. City of Oakland et al., Case No. 21758-L,Case No. 21930-L, Case No. 22084-L, District Court of the United States in and for the NorthernDistrict of California, Southern Division, recorded February 24, 1960, Reel 032, Image 660 ofOfficial Records in the Office of the Recorder of said Alameda County (hereinafter referred to asReel: 32, Image:660), more particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 41°47'05" East, 4661.39 feet to an angle point in the generally southwestern line ofParcel 56444 described in that certain Quitclaim Deed, recorded on February 13, 2002 asDocument No. 2002-072863 of Official Records, in the Office of the Recorder of Alameda County(hereinafter referred to as Doc. 2002-072863), said angle point being the northeast terminus of thecourse described as "South 40°50'13" West, 50.00 feet" in the description of said Parcel 56444,being marked by a 1" iron pipe and CalTrans cap as shown on said Record of Survey No. 1687,and being the POINT OF BEGINNING of Parcel 5 as herein described;

Thence, along the generally southwestern line of said Parcel 56444 the following two courses:

1) South 40°50'20" West, 50.00 feet to an angle point marked by a 1" iron pipe withCalTrans cap as shown on Record of Survey No. 1687, filed on August 7, 2000 in Book 25 ofRecords of Surveys at Pages 58-69, Alameda County Official Records (hereinafter referred to as25 R/S 58);

2) North 67°50'56" West, 105.56 feet to a point on a line that is parallel with and 100.00feet distant northwesterly, measured at right angles, from the last described course;

Thence departing from said southwestern line of said Parcel 56444 along said parallel line, North40°50'20" East, 230.23 feet to a point on the generally northeastern line of said Parcel 56444;

Thence along said generally northeastern line of said Parcel 56444 South 65°41'40" East, 103.38feet to a point on the generally southwestern line of Parcel A described in an unrecorded "Transferand Acceptance of Military Real Property" from the Military Traffic Management Command of

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the Oakland Army Base to the 63`d R.S.C., dated December 17, 1998, said Parcel A beingcommonly referred to as the "Subaru Lot" (hereinafter referred to as the Subaru Lot), being thebeginning of a non-tangent curve concave northeasterly, having a radius of 20.00 feet and a centralangle of 3°36'10", from which beginning the radius point bears North 87°47'11" East;

Thence along said generally southwestern line of said Parcel A (the Subaru Lot), along said curveto the left, an arc distance of 1.26 feet to a point on a line that bears North 40°50'20" East from thePOINT OF BEGINNING, from which the radius point bears North 84°11'01" East;

Thence along said line South 40°50'20" West, 174.94 feet to the POINT OF BEGINNING,containing 22,819 square feet (0.524 acres), more or less, measured in ground distances.

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

(i) CalTrans Parcel 6. CalTrans Parcel 6 is described asfollows :

A portion of the lands described in that certain Final Judgment as to Tract 5, United States ofAmerica vs. City of Oakland, State of California et al., Case No. 21930-L, District Court of theUnited States in and for the Northern District of California, Southern Division, recorded February16, 1951 in Book 6361 of Official Records at Page 334 in the Office of the Recorder of saidAlameda County (hereinafter referred to as 6361 O.R. 334); A portion of the lands described inthat certain Final Judgment as to Interests of Defendant City of Oakland, A MunicipalCorporation, United States of America vs. City of Oakland et al., Case No. 21758-L, Case No.21930-L, Case No. 22084-L, District Court of the United States in and for the Northern District ofCalifornia, Southern Division, recorded February 24, 1960, Reel 032, Image 660 of OfficialRecords in the Office of the Recorder of said Alameda County (hereinafter referred to as Reel: 32,Image:660); And a portion of the lands described in that certain Final Judgment as to Parcel No. 6,United States of America vs. City of Oakland, State of California et al., Case No. 21930-L,District Court of the United States in and for the Northern District of California, SouthernDivision, recorded May 23, 1960, Reel 092, Image 111 of Official Records, in the Office of theRecorder of said Alameda County (hereinafter referred to as Reel: 92, Image:111), all of which aremore particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey No.990, filed for record in Book 18 of Records of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 40°30'45" East, 4575.99 feet to an angle point in the generally southwestern line ofParcel 56444 described in that certain Quitclaim Deed, recorded on February 13, 2002 asDocument No. 2002-072863 of Official Records, in the Office of the Recorder of Alameda County(hereinafter referred to as Doc. 2002-072863), said angle point being the northwest terminus of thecourse described as "North 67°51'03" West, 108.73 feet" in the description of said Parcel 56444,being marked by a 1" iron pipe and CalTrans cap as shown on Record of Survey No. 1687, filedon August 7, 2000 in Book 25 of Records of Surveys at Pages 58-69, Alameda County Official

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Records (hereinafter referred to as 25 R/S 58), and being the POINT OF BEGINNING of Parcel6 as herein described;

Thence, along the generally southwestern line of said Parcel 56444, the following five courses:

1) North 26°23'46" East, 50.81 feet to an angle point marked by a 1" iron pipe andCalTrans cap as shown on said Record of Survey No. 1687;

2) North 52°34'03" West, 57.26 feet to an angle point marked by a 1" iron pipe andCalTrans cap as shown on said Record of Survey No. 1687;

3) North 68°12'53" West, 121.49 feet to an angle point;

4) North 71°14'04" West, 214.96 feet to an angle point;

5) North 54°38'31" West, 19.57 feet;

Thence departing from said generally southwestern line of said Parcel 56444, along an existingfence line the following fourteen courses:

1) North 34°21'44" West, 57.77 feet;

2) North 59°18'19" West, 86.15 feet;

3) North 59°48'18" West, 53.67 feet;

4) North 30°39'04" East, 68.04 feet;

5) South 59°57'33" East, 65.51 feet;

6) South 60°16'02" East, 72.57 feet;

7) North 88°45'28" East, 55.77 feet;

8) South 63°48'02" East, 57.80 feet;

9) South 67°23'33" East, 63.74 feet;

10) South 67°56'50" East, 61.75 feet;

11) North 31°56'59" East, 28.07 feet;

12) North 32°28'20" East, 27.14 feet;

13) North 51°19'40" West, 66.99 feet;

14) North 36°37'46" East, 70.09 feet to a point on the generally northeastern line of said Parcel56444, being the beginning of a non-tangent curve concave southwesterly, having a radius of1160.00 feet and a central angle of 0°40'45", from which the radius point bearsSouth 42°11'41" West;

Thence along said generally northeastern line of said Parcel 56444 the following five courses:

1) along said curve to the right, an arc distance of 13.75 feet to a point of tangency markedby a 1" iron pipe and CalTrans cap as shown on said Record of Survey No. 1687;

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2) South 47°07'33" East, 55.66 feet to an angle point marked by a 1" iron pipe andCalTrans cap as shown on said Record of Survey No. 1687;

3) South 54°46'46" East, 103.19 feet to an angle point;

4) South 49°47'18" East, 162.81 feet to an angle point;

5) South 65°41'40" East, 5.65 feet to a point on a line parallel with and 100.00 feet distantnorthwesterly, measured at right angles, from the course described as "South 40°50'13" West" inthe description of said Parcel 56444 (Doc. 2002-072863);

Thence departing from said generally northeastern line along said parallel line, South 40°50'20"West, 230.23 feet to the generally southwestern line of said Parcel 56444;

Thence along said generally southwestern line, North 67°50'56" West, 3.17 feet to the POINTOF BEGINNING, containing 93,689 square feet (2.151 acres), more or less, measured in grounddistances.Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

(j) CalTrans Parcel 7. CalTrans Parcel 7 is described asfollows :

A portion of the lands described in that certain Final Judgment as to Tract 23, United States ofAmerica vc ritv of nalclatirl Ctate of ralifnrnia et al race Nn 71Q -111-T Tlictrict Cniirt a the

United States in and for the Northern District of California, Southern Division, recorded January11, 1950 in Book 5987 of Official Records at Page 319 in the Office of the Recorder of saidAlameda County (hereinafter referred to as 5987 O.R. 319); A portion of the lands described inthat certain Final Judgment as to Tract 5, United States of America vs. City of Oakland, State ofCalifornia et al., Case No. 21930-L, District Court of the United States in and for the NorthernDistrict of California, Southern Division, recorded February 16, 1951 in Book 6361 of OfficialRecords at Page 334 in the Office of the Recorder of said Alameda County (hereinafter referred toas 6361 O.R. 334); And a portion of the lands described in that certain Final Judgment as to ParcelNo. 6, United States of America vs. City of Oakland, State of California et al., Case No. 21930-L,District Court of the United States in and for the Northern District of California, SouthernDivision, recorded May 23, 1960, Reel 092, Image 111 of Official Records, in the Office of theRecorder of said Alameda County (hereinafter referred to as Reel: 92, Image:111), all of which aremore particularly described as follows:

COMMENCING at City of Oakland monument No. 7SE13, said monument being a pin set inconcrete, in a monument well marking the intersection of the centerlines of Maritime Street and10th Street, as said streets are shown on that unrecorded map entitled "Oakland Army TerminalBoundary Map" prepared by Wilsey & Ham Engineers in 1958 for the U.S. Army Corps ofEngineers, File No. 45-1-286 (hereinafter referred to as the Army Map), said monument is furtherdescribed as being Port of Oakland Monument ID H006 as shown upon Record of Survey 990,filed for record in Book 18 of Record of Surveys, at Pages 50-60, Alameda County OfficialRecords;

Thence North 25°21'41" East, 4686.12 feet to an angle point in the generally northwestern line ofParcel 56444 as described in that certain Quitclaim Deed, recorded on February 13, 2002 asDocument No. 2002-072863 of Official Records, in the Office of the Recorder of Alameda County(hereinafter referred to as Doc. 2002-072863), said angle point being the northwest terminus of the

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course described as "North 71°47'59" East, 328.18 feet" in the description of said Parcel 56444,being the northern most corner of said Tract 23 (5987 O.R. 322) and being the POINT OFBEGINNING of Parcel 7 as herein described;

Thence along the northeastern line of said Tract 23, South 62°34'34" East, 143.62 feet to thewestern most corner of said Tract 6 (Reel: 92, Image:111);

Thence along the northwestern line of said Tract 6, North 82°33'18" East, 180.47 feet to a point onthe generally southern line of an unrecorded "Transfer and Acceptance of Military Real Property"from the Military Traffic Management Command of the Oakland Army Base to the 63 rd R.S.C.,dated July 1, 1996, commonly known as "The Heroic War Dead of Oakland Site" (hereinafterreferred to as the Heroic War Dead Site), being the beginning of a non-tangent curve concavenortheasterly, having a radius of 254.00 feet and a central angle of 8°57'38", from whichbeginning the radius point bears North 47°42'26" East;

Thence along said generally southern line of said Heroic War Dead Site the following twocourses:

1) along said curve to the left, an arc distance of 39.72 feet to a point from which the radiuspoint bears North 38°44'48" East, being the beginning of a non-tangent curve concavesoutheasterly, having a radius of 1252.80 feet and a central angle of 2°23'18", from whichbeginning the radius point bears South 10°56'05" East;

2) along said curve to the right, an arc distance of 52.22 feet to a point on the generallynortheastern line of said Parcel 56444 (Doc. 2002-072863), from which point the radius pointbears South 08°32'47" East;

Thence along said generally northeastern line of said Parcel 56444 the following three courses:

1) South 57°29'34" East, 66.49 feet to an angle point marked by a 1" iron pipe and CalTranscap as shown on Record of Survey No. 1687, filed on August 7, 2000 in Book 25 of Records ofSurveys at Pages 58-69, Alameda County Official Records (hereinafter referred to as 25 R/S 58);

2) South 59°14'43" East, 262.30 feet to the beginning of a curve concave southwesterly,having a radius of 1160.00 feet and a central angle of 11°26'25";

3) along said curve to the right, an arc distance of 231.62 feet to an existing fence line;

Thence departing from said generally northeastern line of said Parcel 56444, along said existingfence line the following fourteen courses:

1) South 36°37'46' ' West, 70.09 feet;

2) South 51°19'40' ' East, 66.99 feet;

3) South 32°28'20' ' West, 27.14 feet;

4) South 31°56'59' ' West, 28.07 feet;

5) North 67°56'50" West, 61.75 feet;

6) North 67°23'33" West, 63.74 feet;

7) North 63°48'02" West, 57.80 feet;

8) South 88°45'28" West, 55.77 feet;

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9) North 60°16'02" West, 72.57 feet;

10) North 59°57'33" West, 65.51 feet;

11) South 30°39'04" West, 68.04 feet;

12) South 59°48'18" East, 53.67 feet;

13) South 59°18'19" East, 86.15 feet;

14) South 34°21'44" East, 57.77 feet to the generally southwestern line of said Parcel 56444;

Thence along said generally southwestern line of said Parcel 56444 the following four courses:

1) North 54°38'31" West, 89.31 feet to an angle point marked by a 1" iron pipe andCalTrans cap as shown on said Record of Survey No. 1687;

2) North 59°26'20" West, 388.09 feet to an angle point marked by a 1" iron pipe andCalTrans cap as shown on said Record of Survey No. 1687;

3) North 63°07'59" West, 314.87 feet to the beginning of a non-tangent curve concavesouthwesterly, having a radius of 1457.00 feet and a central angle of 9°28'45", from whichbeginning the radius point bears South 18°06'24" West;

4) along said curve to the left, an arc distance of 241.05 feet to the western most corner ofsaid Parcel 56444, being a point on the northwestern line of said Tract 23 (5987 O.R. 322);

Thence along the northwestern line of said Parcel 56444, being the northwestern line of said Tract23, North 71°46'34" East, 328.36 feet to the POINT OF BEGINNING, containing 236,570

Bearings and distances called for herein are based upon the California Coordinate System, ZoneIII, North American Datum of 1983 (1986 values) as shown upon that certain map entitled Recordof Survey 990, filed in Book 18 of Record of Surveys, Pages 50-60, Alameda County Recordsunless otherwise indicated. To obtain ground level distances, multiply distances called for hereinby 1.0000705.

End of Description

Section 3. Conditions Applicable to Findings and Determinations and Approvals: The Board's findings and determinations in Section 4below, and the Board's approvals in Section 5 below, are subject tothe following conditions:

(a) Such findings and determinations, and such approvals,for all properties referred to in Sections 4 and 5 are subject to:

(i) The existence of a fully effective MOA that islegally binding on each of the Port and the City and the MOA notterminating;

(ii) The Port's acquisition in accordance with the MOAof the fee title to the portion of the Oakland Army Base referred toand more particularly described in the MOA as the Berth 21Submerged/Upland Property, the West Maritime Submerged Property, andthe East Maritime Property (provided, that the Port's acquisition of

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fee title to the East Maritime Property shall not be necessary inorder to delete the West Maritime Army Reserve Property from the PortArea);

(iii)Delivery to the East Maritime Trustee (as definedin the MOA) of the East Maritime Quitclaim Deed (as defined in theMOA) to the Port from ORA;

(iv) Completion of necessary action by the CityCouncil in accordance with the MOA which is sufficient to includewithin the Port Area the East Maritime Property, the East MaritimeArmy Reserve Property and the CalTrans Port Entry Property; and

(v) The execution and delivery by each of the Cityand the Port of the Knight Yard Lease (as defined in the MOA) and theWest Maritime Lease (as defined in the MOA);

(b) Such findings and determinations, and such approvals,as to the West Maritime Property are subject to:

(i) The expiration of the three-year Trust Period (asdefined in the MOA, or such extension of the three-year Trust Periodwhich is mutually agreeable to the Port and the City); and

(ii) The City Council's adoption of an ordinanceaccepting the Port's retention of necessary construction easements onthe West Maritime Property (including easements for staging andplacement of fill), in accordance with the provisions of the MOA, toenable the Port to complete the fill and other activities contemplatedfor such Berth 21 Submerged/Upland Property and to coordinate with theCity's construction and redevelopment program;

(c) Such findings and determinations, and such approvals,as to the Port Sliver Properties are subject to the City Council'sadoption of an ordinance accepting the Port's retention on the PortSliver Properties of necessary construction easements (includingeasements for staging and placement of fill), in accordance with theprovisions of the MOA, to enable the Port to complete the fill andother activities contemplated for such Berth 21 Submerged/UplandProperty and to coordinate with the City's construction andredevelopment program; and

(d) Such findings and determinations, and such approvals,as to the West Maritime Submerged Property are subject to the Boardhaving determined that the Port no longer has a need for such propertyfor construction of the Port Fill Project (as described in the MOA).

Section 4. Board Findings and Determinations.

(a) Deletion of Land from Port Area. Subject to theapplicable conditions in Section 3 above, the Board hereby finds anddetermines that the portions of the West Maritime Property and the

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West Maritime Army Reserve Property which are presently in the PortArea, and the West Maritime Submerged Property, the Port SliverProperties and CalTrans Parcels 5, 6 and 7 (all of which are presentlyin the Port Area), are not necessary for Port purposes to be in thePort Area.

(b) The Board's Relinquishment and Transfer of Control.

(i) Subject to the applicable conditions in Section 3above, the Board hereby finds and determines that the Port SliverProperties, the West Maritime Submerged Property and CalTrans Parcels5, 6 and 7 have become unnecessary for port purposes and harbordevelopment; and

(ii) The Board further finds and determines that itwill do all things within its power to cause the transfers to the CityCouncil of the Board's control of both the Port Sliver Properties andthe West Maritime Submerged Property, at the time each such transferis made, to be in compliance with the provisions of Section 5.13 ofthe Board's Master Trust Indenture relating to its outstanding revenuebonds (to the extent such provisions remain applicable at the time ofeach such transfer). The Board hereby directs the Port's Director ofFinance to account for and document the Board's compliance with suchprovisions at the time each such transfer is made or to inform theBoard that compliance with such provisions cannot be achieved.

A

determinations made in Section 4 above, and subject to the conditionsin Section 3 above and the conditions and other provisions of the MOA,the Board hereby approves the Port Area alterations described inSection 4(a) (deletions from the Port Area) and Section 3(a)(iv)(additions to the Port Area), and authorizes and approves therelinquishment and transfer in accordance with the MOA to the CityCouncil of control and jurisdiction of the Port Sliver Properties andthe West Maritime Submerged Property. In addition, the Board herebyapproves and authorizes the Executive Director, in accordance with theMOA, to execute and deliver to the City at the City's request apermanent easement to the surface rights of the Port Sliver Propertiesfor parking, roadway and utility improvements, landscaping andstructures, and otherwise to use the Port Sliver Properties inaccordance with the MOA, if the City Council declines to take actionto exclude the Port Sliver Properties from the Port Area and to acceptthe Board's relinquishment and transfer of control of the Port SliverProperties to the City Council.

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Section 6. Effective Date. This ordinance shall take effect 30days from and after its final adoption.

In Board of Port Commissioners, Oakland, California, July 15,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Protopappas,Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held August 5, 2003

By the following Vote:

Commissioners Ayers-Johnson, Batarse, Katzoff,Kiang, Kramer, Scates and President Protopappas - 7

None

Ayes:

Noes:

Absent: None

43

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BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3757

AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH THE UNITED STATES OFAMERICA.

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

Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and UNITED STATES OFAMERICA ("USA"), as Lessee, for occupancy by the USA of a quadruple-wide trailer or modular unit, containing approximately 2,880 netusable square feet of office and related space, to be installed by thePort adjacent to and northeasterly of Port of Oakland Building D-504at 700 Maritime Street, at a monthly rent sufficient to reimburse thePort over the term of the Lease for the cost to the Port of theacquisition, permitting, installation, removal and modifications tothe trailer/modular unit, for a term of five years and otherwise uponterms and conditions consistent with those set forth in Board AgendaSheet Item No. M-1 dated July 15, 2003, and such standard terms andconditions as specified in the Lease and approved by the ExecutiveDirector. The Board also approves subsequent agreements which amendthe Lease entered into in accordance with this ordinance, providedthat the amendments are consistent with the terms and conditionsdescribed above and in the Agenda Sheet, as may reasonably bedetermined by the Executive Director and the Port Attorney.

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 inaccordance with the terms of this ordinance. Unless and until aseparate written Lease is duly executed on behalf of the USA, and onbehalf of the Board as authorized by this ordinance, is signed asapproved as to form and legality by the Port Attorney, and is deliveredafter such execution by the Port to the USA and by the USA to the Port,there shall be no valid or effective Lease.

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Attest

Noes: None

Absent: None

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

In Board of Port Commissioners, Oakland, California, July 15,2003. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Batarse, Katzoff, Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held August 5, 2 003

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kiang, Kramer, Scates and President Protopappas - 7

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c/o ANG Newspapers401 13th StreetOakland, CA 94612Le dvertising

, ,95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. ORD. #3757

In the matter of

APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH THE USA

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

glare that The Oakland Tribune is a newspaper of general,alation as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

7/23/03

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

Public Notice Advertising Clerk

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3757

AN ORDINANCE APPROVING AND AU-THORIZING THE EXECUTION OF LEASEWITH THE UNITED STATES OF AMERICA.

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

Section 1. The Board of Port Commission-ers ("Board") hereby approves a Lease be-tween the CITY OF OAKLAND, a municipalcorporation, acting by and through theBoard, and UNITED STATES OF AMERICA("USA"), as Lessee, for occupancy by theUSA of a quadruple-wide trailer or modularunit, containing approximately 2,880 net usa-ble square feet of office and related space, tobe installed by the Port adjacent to and north -easterly of Port of Oakland Building D-504 at700 Maritime Street, at a monthly rent sulfi-dent to reimburse the Port over the term ofthe Lease for the cost to the Port of the ac-quisition, permitting, installation, removal andmodifications to the trailer/modular unit, for aterm of five years and otherwise upon termsand conditions consistent with those set forthin Board Agenda Sheet Item No. M-1 datedJuly 15, 2003, and such standard terms andconditions as specified in the Lease and ap-proved by the Executive Director. The Boardalso approves subsequent agreements whichamend the Lease entered into In accordancewith this ordinance, provided that the amend-ments are consistent with the terms and con-ditions described above and in the AgendaSheet, as may reasonably be determined bythe Executive Director and the Port Attorney.

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 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 Lease in accordance with the terms ofthis ordinance. Unless and until a separatewritten Lease is duly executed on behalf ofthe USA, and on behalf of the Board as au-LI Il/11,GU uy l uJ l./1...111.11617, IJ wy, ICU CIO ap-proved as to form and legality by the Port At-torney, and is delivered after such executionby the Port to the USA and by the USA to thePort, there shall be no valid or effectiveLease.

Section 4. This ordinance shall take ef-fect thirty (30) days from and after its finaladoption,

In Board of Port Commissioners, Oakland,California, July 15, 2003, Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scales and PresidentKiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a meeting heldBy the following Vote:Ayes:Noes:Absent:President.AttestSecretary.Approved as to form and legality:Port Attorney

The Oakland Tribune, #259978July 23, 2003

Legal No.

Oakland Tribune 0000259978

Page 127: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3756

AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH BAYAIR, INC. AND MR. JOHNROTH.

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

Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and BAYAIR, INC., aCalifornia corporation and MR. JOHN ROTH, an individual, as Lessee,covering approximately 294,894 square feet of premises consisting ofapproximately 45,463 square feet of existing hangar, approximately6,225 square feet of office, approximately 4,698 square feet of shop,approximately 204,898 square feet of apron space and approximately33,610 square feet of vehicle parking space, for use and operation ofa first class, fixed-base aircraft facility, including fuelingfacilities for use solely in self and secondary fueling and other usesincidental thereto, for a term of 10 years, at the rent proposed andas otherwise upon the terms and conditions set forth in, and otherwiseupon terms and conditions consistent with those set forth in BoardAgenda Sheet Item No. A-12 dated July 1, 2003, and such standard termsand conditions as specified in the Lease and approved by the Directorof Aviation.

Section 2. The Director of Aviation is hereby authorized toexecute said Lease.

Section 3. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(p).

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

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Absent: None

Atte

Appra stto

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

In Board of Port Commissioners, Oakland, California, July 1,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Protopappas,Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held July 15 , 2003

By the following Vote:Commissioners Ayers-Johnson, Batarse, Katzoff,

Ayes: Kramer, Protopappas, Scates and President Kiang – 7

Noes: None

Page 129: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. ORD. #3756

In the mattor of

PORT ORDINANCE NO. 3756

The Oakland Tribune

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

7/9/03

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3756

AN ORDINANCE APPROVING AND AU-THORIZING THE EXECUTION OF LEASE

WITH BAYAIR, INC. AND MR. JOHN ROTH.

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

Section 1. The Board of Port Commission-ers ("Board') hereby approves a Lease be-tween the CITY OF OAKLAND, a municipalcorporation, acting by and through theBoard, and BAYAIR, INC., a California corpo-ration and MR. JOHN ROTH, an individual,as Lessee, covering approximately 294,894square feet of premises consisting of approxi-mately 45,463 square feet of existing hangar,approximately 6,225 square feet of office, ap-proximately 4,698 square feet of shop, ap-proximately 204,898 square feet of apronspace and approximately 33,610 square feetof vehicle parking space, for use and opera-tion of a first class, fixed-base aircraft facility,including fueling facilities lor use solely in selland secondary fueling and other uses inciden-tal thereto, for a term of 10 years, at the rentproposed and as otherwise upon the termsand conditions set forth in, and otherwiseupon terms and conditions consistent withthose set forth in Board Agenda Sheet ItemNo. A-12 dated July 1, 2003, and such stand-ard terms and conditions as specified In theLease and approved by the Director ofAviation,

Section 2. The Director of Aviation is here-by authorized to execute said Lease.

Section 3. The Board hereby finds anddetrmines that this project has been deter-mined to be categorically exempt from re-

Quality of the California EnvironmentalQuality Act and the Port CEQA Guidelines pur-suant to Class 1 of Guidelines Section15301(p).

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 Lease in accordance with the terms ofthis ordinance. Unless and until a separatewritten Lease is duly executed on behalf ofthe Board as authorized by this ordinance, issigned and approved as to form and legalityby the Port Attorney, and is delivered to Les-see, there shall be no valid or effective Lease.

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

In Board of Port Commissioners, Oakland,California, July 1, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #254061July 9, 2003

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

lare that The Oakland Tribune is a newspaper of generalc...,ulation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

Legal No.

Oakland ir ribune 0000254061

Page 130: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3755

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

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

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. A-1 datedJuly 1, 2003.

Section 2. The following additional scheduled airlines wouldenter into a Standard Airline Operating Agreement and Space/Use Permitfor commercial and cargo air carriers, as well as other aviation-related operators (e.g., ground handlers, aircraft maintenancecompanies, skycap services) at the Airport:

Miami Air International, Inc. (carrier)

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

Rainbow Mobile Wash (operator)Pacific Western Aviation Oakland, L.L.C. (operator)

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,

44730

Page 131: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Noes:

Absent:

None

None

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, July 1,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Protopappas,Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held July 15, 2003

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and President Kiang - 7

44730

Page 132: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

do ANG Newspapers401 13th StreetOakland, CA 94612Le( dvertising(80u, ,95-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. ORD #3755

In the matter of

AIRLINE OPERATING AGREEMENT &SPACE/USE PERMIT

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

Aare that The Oakland Tribune is a newspaper of generalc—elation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

7/9/03

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3755ORDINANCE APPROVING ADDITIONAL

SIGNATORIES TO THE AIRLINEOPERATING AGREEMENT AND

SPACE/USE PERMIT ATMETROPOLITAN OAKLANDINTERNATIONAL AIRPORT.

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

Section 1. The Executive Director is here-by authorized to enter into additional individu-al agreements with additional prospective air-line carriers providing regularly scheduledservice at Metropolitan Oakland InternationalAirport ("MOIA") at 1 Airport Drive, Oakland,California, as more fully set forth in AgendaSheet Item No. A-1 dated July 1, 2003.

Section 2. The following additional sched-uled airlines would enter into a Standard Air-line Operating Agreement and Space/Use Per-mit for commercial and cargo air carriers, aswell as other aviation-related operators (e.g.,ground handlers, aircraft maintenance compa-nies, skycap services) at the Airport:

Miami Air International, Inc. (carrier)

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

Rainbow Mobile Wash (operator)Pacific Western Aviation Oakland, L.L.C.

(operator)Section 4. The Board of Port Commission-

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

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 employee01 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, July 1, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None,

JOHN T. BETTERTONSecretary of the Board

The Oakland Tribune, #254111July 9, 2003

Legal No.

Oakland reibune 0000254111

Page 133: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE No. 3754

AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF A MULTI-YEAR RIGHT - OF - ENTRY ANDINDEMNITY AGREEMENT WITH EXXONMOBIL OILCORPORATION ("EMOC"). •

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 Right-of-Entry and Indemnity Agreement ("Agreement") withEMOC, for access rights over portions of Berths 23 and 24, effectiveJune 17, 2004, until July 1, 2013, upon the effective date of thisOrdinance, and otherwise upon such standard terms and conditions asspecified 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.

Section 3. This ordinance is not evidence of and does notcreate or constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Agreement inaccordance with the terms of this ordinance. Unless and until aseparate written Agreement is duly executed on behalf of the Board asauthorized by this ordinance, is signed as approved as to form andlegality by the Port Attorney, and is delivered to User, there shall beno valid or effective Agreement.

Section 4. Pursuant to the California Environmental QualityAct ("CEQA") and the Port's CEQA Guidelines, the Port prepared andapproved a mitigated negative declaration and a Mitigation Monitoringand Reporting Program.

Section 5. The approval described herein and made herebycomplies with the Board's CEQA approvals for the project, and the Boardfinds that there is no substantial evidence before the Board warranting

44477

Page 134: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and President Kiang - 7

None

None

Ayes:

Noes:

Absent:

Attest

Appr and legality:

44477

either revised CEQA project documents, or an environmental impactreport.

Section 6. This ordinance shall take effect 30 days from andafter its final adoption.

In Board of Port Commissioners, Oakland, California, June 17,2003. Passed to print for one day by the following vote: Ayes: CommissionersBatarse, Katzoff, Kramer, Protopappas and President Kiang - 5. Noes: None.Absent: Commissioners Ayers-Johnson and Scates - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held July 1, 2003

By the following Vote:

Page 135: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

AN ORDINANCE APPROVING AND AU-THORIZING THE EXECUTION OF A MULTI-YEAR RIGHT-OF-ENTRY AND INDEMNITY

AGREEMENT WITH EXXONMOBIL OILCORPORATION ("EMOC").

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

Section 1. The Board of Port Commission-ers ("Board") hereby approves a Right-of-Entry and Indemnity Agreement("Agreement") with EMOC, for access rightsover portions of Berths 23 and 24, effectiveJune 17, 2004, until July 1, 2013, upon the ef-fective dale of this Ordinance, and otherwiseupon such standard terms and conditions asspecified in the Agreement and approved bythe 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 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 as approved as to formand legality by the Port Attorney, and is deliv-ered to User, there shall be no valid or effec-tive Agreement.

Section 4. Pursuant to the California Envi-ronmental Quality Act ("CEQA") and the Port'sCEQA Guidelines, the Port prepared and ap-proved a mitigated negative declaration anda Mitigation Monitoring and ReportingProgram.

Section 5. The approval described hereinand made hereby complies with the Board'sCEQA approvals for the project, and theBoard finds that there is no substantial evi-dence before the Board warranting either re-vised CEQA project documents, or an envi-ronmental impact report.

Section 6. This ordinance shall take effect

PORT ORDINANCE NO. 3754

In Board of Hon uommissioners, uakiand,California, June 17, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Batarse, Katzoff, Kramer,Protopappas and President Kiang - 5. Noes:None. Absent: Commissioners Ayers-Johnson and Scates - 2.

John T. BettertonSecretary of the Board

The Oakland Tribune, #249606June 25, 2003

Legal No. 0000249606Oakland ribunec/o ANG Newspapers401 13th StreetOakland, CA 94612Le ivertising(80u, A5-9595 opt.4

PORT OF OAKLAND530 WATER ST. ,ATTN: LEGAL DEPT,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. ORD. NO. 3754

In the matter of

EXXONMOBIL OIL CORPORATION,

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

• lnrp that T1i nnleland Trihiiir.is n nrawennnpr of aPnPrni

.,alation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

6/25/03

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

(;)

Public Notice Advertising Clerk

Page 136: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3753

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDINGSECTIONS 2.01, 5.03, 5.04, 5.14, 5.144, ADDING SECTION 13.7AND DELETING SECTIONS 5.062 AND 10.04.

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

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

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

78 3416 3587 3766 3992 4232

82.3 2984 3133 3290 3487 3696

94 3864 4057 4260 4516 4787

23CHR $14.00/hr. -

section 2. Sections 5.062 and 10.04 of Port Ordinance No. 867 ishereby deleted.

Section 3. Sections 5.14, 5.04, 5.144 and 5.03 of Port OrdinanceNo. 867 are hereby amended to read as follows:

Section No. of

Salary orNo. Positions Title Schedule No.

5.14 5 Office Specialist I 82.3

5.04 4 Office Specialist II 78

5.144 6 Office Specialist II 78

5.03 23 Administrative Specialist 94

44323

Page 137: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

None

Commissioners Ayers-Johns sn and Scates - 2

Noes:

Absent :

Section 4. Section 13.7 is hereby added to Port Ordinance No. 867which section shall read as follows:

Section No. of Salary orNo. Positions Title Schedule No

13.7 7 Airport Parking Lot 23CHRAssistant/Monitor

In Board of Port Commissioners, Oakland, California, June 3,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Protopappas,Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held June 17, 2003

By the following Vote :

Ayes: Commissioners Batarse, Katzoff, Kramer, Protopappasand President Kiang — 5

Page 138: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000244572

PORT ORDINANCE NO. 3753dakland 11 ibuner/o ANG Newspapers401 13th StreetOakland, CA 94612Ler dvertising(86, , ,5-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. P.0#3753

In the matter of

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDING SECTIONS2.01, 5.03, 5.04, 5.14, 5.144, ADDING SECTION 13.7 AND DELETING SECTIONS 5.062AND 10.04.

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

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

SCHEDULENo.

Ratea.

Rateb.

Ratec.

Rated.

Ratee.

78 3416 3587 3766 3992 4232

82.3 2984 3133 3290 3487 3696

94 3864 4057 4260 4516 4787

23CHR $14.00/hr.

section 2. Sections 5.062 and 10.04 of Port Ordinance No. 867 is hereby deleted.Section 3. Sections 5.14, 5.04, 5.144 and 5.03 of Port Ordinance No. 867 are hereby

amended to read as follows:

Section No. of Title Salary or

No. Positions Schedule No.

5.14 5 Office Specialist I 82.3

5.04 4 Office Specialist II 78

5.144 6 Office Specialist II 78

5.03 23 Administrative Specialist 94Section 4. Section 13.7 is hereby added to Port Ordinance No. 867 which section shall

read as follows:

The Oakland Tribune Section

No. of

Title Salary orNo. Postitions

Schedule No.

13.7

7

Airport Parking 23CHRLot Assistant/Monitor

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

-dare that The Oakland Tribune is a newspaper of general_.dlation as defined by the laws of the State of California as

determined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

6/11/03

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

Public Notice Advertising Clerk

In Board of Port Commissioners, Oakland, California, June 3, 2003, Passed to print for oneday by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer,Protopappas, Scates and President Kiang - 7. Noes: None, Absent: None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #244572June 11, 2003

Page 139: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3752

AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH INTERNATIONAL MARITIMECENTER/BAY AREA SEAFARERS SERVICE.

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

Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and INTERNATIONALMARITIME CENTER/BAY AREA SEAFARERS SERVICE, a non-profit corporation,as Lessee, covering approximately 14,382 square feet of premisesconsisting of the original lease site of 8,731 square feet for theoperation of a seafarers center at Portview Park, Berth 40, SeventhStreet, plus an expansion of 5,651 square feet of public access-dedicated land adjacent thereto for displaying cultural artifacts ofan ecumenical nature on a curated basis, for a term of five years,with a one-time option to extend the term for an additional five-yearperiod, at a rent of $1 per year and otherwise upon terms andconditions consistent with those set forth in Board Agenda Sheet ItemNo. 33 dated June 3, 2003, and such standard terms and conditions asspecified in the Lease and approved by the Executive Director. TheBoard also approves subsequent agreements which amend the Leaseentered into in accordance with this ordinance, including withoutlimitation minor modifications of the boundaries of the premises,provided, that the amendments are consistent with the terms andconditions described above and in the Agenda Sheet, as may reasonablybe determined by the Executive Director and the Port Attorney.

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 Boardas 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.

44156

Page 140: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Secretary.

44156

Section 4. This ordinance shall take effect thirty (30) days

from and after its final adoption.

In Board of Port Commissioners, Oakland, California, June 3,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Protopappas,Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held June 17 , 2003

By the following Vote:

Commissioners Batarse, Katzoff, Kramer, Protopappasand President Kiang – 5

None

Ayes:

Noes:

Absent:

Page 141: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

ANG Newspapers401 13th StreetOakland, CA 94612Le' dvertising(80, , A5-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3752

The Oakland Tribune

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

6/11/03

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

Public Notice Advertising Clerk

AN ORDINANCE APPROVING AND AU-THORIZING THE EXECUTION OF LEASEWITH INTERNATIONAL MARITIME CENT-ER/BAY AREA SEAFARERS SERVICE.

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

Section 1. The Board ol Port Commission-ers ("Board") hereby approves a Lease be-tween the CITY OF OAKLAND, a municipalcorporation, acting by and through theBoard, and INTERNATIONAL MARITIMECENTER/BAY AREA SEAFARERS SERV-ICE, a non-profit corporation, as Lessee, cov-ering approximately 14,382 square feet ofpremises consisting of the original lease siteo18,731 square feet for the operation of a sea-farers center at Portview Park, Berth 40, Sev-enth Street, plus an expansion of 5,651square feet of public access-dedicated landadjacent thereto for displaying cultural arti-facts of an ecumenical nature on a curatedbasis, for a term of five years, with a one-timeoption to extend the term for an additionalfive-year period, at a rent ol $1 per year andotherwise upon terms and conditions consis-tent with those set forth in Board AgendaSheet Item No. 33 dated June 3, 2003, andsuch standard terms and conditions as speci-fied in the Lease and approved by the Execu-tive Director. The Board also approves subse-quent agreements which amend the Leaseentered into in accordance with this ordi-nance, including without limitation minor mod-ifications of the boundaries of the premises,provided, that the amendments are consis-tent with the terms and conditions describedabove and in the Agenda Sheet, as may rea-sonably be determined by the Executive Di-rector and the Port Attorney.

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 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 Lease Agreement in accordance withthc tcrmc cf thicUnicc.c.a 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 ef-fect thirty (30) days from and after its finaladoption.

In Board of Port Commissioners, Oakland,California, June 3, 2003. Passed to print forone day by the following vote: Ayes: Corn-missioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #2424571June 11, 2003

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

Aare that The Oakland Tribune is a newspaper of generalL_..-alation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

Legal No. 0000244571

PORT ORDINANCE NO. 3752Oakland tribune

Page 142: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3751

AN ORDINANCE APPROVING AND AUTHORIZING THEEXECUTION OF LEASE WITH EAST BAY REGIONAL PARKDISTRICT (RADIO BEACH).

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

Section 1. The Board of Port Commissioners ("Board")hereby approves a Lease between the CITY OF OAKLAND, a municipalcorporation, acting by and through the Board, and EAST BAY REGIONALPARK DISTRICT, a California special district (the "District"), asLessee, covering approximately 397 acres of premises consisting of 360acres of water and 37 acres of wetlands and other uplands, for use asa public park and/or open space, including preservation, mitigation tooffset environmental effects of other projects and conservation andenhancement of the natural environment, for a term of 66 years, at nomoney rent in consideration for the District's compliance with theother terms of the lease, and otherwise upon terms and conditionsconsistent with those set forth in Board Agenda Sheet Item No. 32dated June 3, 2003, and such standard terms and conditions asspecified in the Lease and approved by the Executive Director. TheBoard also approves subsequent agreements which amend the Leaseentered into in accordance with this ordinance, including withoutlimitation minor modifications of the boundaries of the premises,provided, that the amendments are consistent with the terms andconditions described above and in the Agenda Sheet, as may reasonablybe determined by the Executive Director and the Port Attorney.

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 Boardas 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.

44242

Page 143: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Ayes:

Noes: None

Absent: Commissioners Ayers-Johnson d Scates -

Att

By the following Vote:

Commissioners Batarse, Katzoff, Kramer, Protopappasand President Kiang — 5

Secretary.

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

In Board of Port Commissioners, Oakland, California, June 3,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Protopappas,Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held June 17, 2003

Port Attorney44242

Page 144: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000244413

PORT ORDINANCE NO. 3751

AN ORDINANCE APPROVING ANDAUTHORIZING THE EXECUTION

OF LEASE WITH EAST BAYREGIONAL PARK DISTRICT

(RADIO BEACH).

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

Section 1. The Board of Port Commission-ers ("Board") hereby approves a Lease be-tween the CITY OF OAKLAND, a municipalcorporation, acting by and through theBoard, and EAST BAY REGIONAL PARKDISTRICT, a California special district (the"District"), as Lessee, covering approximately397 acres of premises consisting of 360 acresof water and 37 acres of wetlands and otheruplands, for use as a public park and/or openspace, including preservation, mitigation tooffset environmental effects of other projectsand conservation and enhancement of thenatural environment, for a term of 66 years, atno money rent in consideration for the Dis-trict's compliance with the other terms of thelease, and otherwise upon terms and condi-tions consistent with those set forth in BoardAgenda Sheet Item No, 32 dated June 3,2003, and such standard terms and condi-tions as specified in the Lease and approvedby the Executive Director. The Board also ap-proves subsequent agreements which amendthe Lease entered into in accordance withthis ordinance, including without limitation mi-nor modifications of the boundaries of thepremises, provided, that the amendments areconsistent with the terms and conditions de-scribed above and in the Agenda Sheet, asmay reasonably be determined by the Execu-tive Director and the Port Attorney.

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 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 Lease Agreement in accordance withthe terms of this ordinance. Unless and untila separate wilier! Lease Ayreemeei is Julyexecuted 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, June 3, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Batarse, Katzofl,Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the BoardAdopted at a meeting heldBy the following Vote:Ayes:Noes:Absent:President.Attest;Secretary.Approved as to form and legality:Port Attorney

The Oakland Tribune; #244413June 11, 2003

Oakland eibune3/o ANG Newspapers401 13th StreetOakland, CA 94612Ler dvertising(80L, J95 -959 5 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. ORD. NO. 3751

In the matter of

ORDINANCE NO. 3751

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

'/are that The Oakland Tribune is a newspaper of generalL--ulation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

6/11/03

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

Public Notice Advertising Clerk

Page 145: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3750

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF ANAMENDMENT TO LEASE WITH SIERRA ACADEMY OF AERONAUTICS,INC.

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

Section 1. The Board hereby approves and authorizes execution ofan agreement ("Amendment") to that certain Lease dated June 19, 2001,between the Port and SIERRA ACADEMY OF AERONAUTICS, INC., as Lessee, toadd and delete certain space to and from the premises as more fullyset forth in Agenda Sheet Item No. 18, dated June 3, 2003.

Section 2. The Executive Director is hereby authorized toexecute said Amendment.

Section 3. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act and the PortCEQA Guidelines pursuant to Class 1 of Guidelines Section 15301(c).

Section 4. This ordinance is not evidence of and does not createor constitute (a) a contract, lease or the grant of any right,entitlement or property interest, or (b) any obligation or liabilityon the part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of a lease oragreement in accordance with the terms of this ordinance. Unless anduntil a written lease is duly executed on behalf of the Board asauthorized by this ordinance, is signed and approved as to form andlegality by the Port Attorney, and is delivered to the Lessee, thereshall be no valid or effective lease or agreement.

44329

Page 146: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Commissioners Ayers-John and Scates - 2C\\Absent:

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

In Board of Port Commissioners, Oakland, California, June 3,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer, Protopappas,Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held June 17, 2003

By the following Vote:

Ayes: Commissioners Batarse, Katzoff, Kramer, Protopappasand President Kiang – 5

Noes:None

Page 147: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Oakland eibuneLegal No.

PORT ORDINANCE NO. 3750

0000244574

cto ANG Newspapers401 13th StreetOakland, CA 94612Ler dvertising(80, ,95-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3750

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

that ThP Clalrinrul of crprIpral

_alation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

6/11/03

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

Public Notice Advertising Clerk

AN ORDINANCE APPROVING AND AU-THORIZING EXECUTION OF AN AMEND-MENT TO LEASE WITH SIERRA ACADEMYOF AERONAUTICS, INC.

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

Section 1. The Board hereby approvesand authorizes execution of an agreement("Amendment") to that certain Lease dated

June 19, 2001, between the Port andSIER-RA ACADEMY OF AERONAUTICS, INC., asLessee, to add and delete certain space toand from the premises as more fully set forthin Agenda Sheet Item No. 18, dated June 3,2003.

Section 2. The Executive Director is here-by authorized to execute said Amendment.

Section 3. The Board hereby finds anddetermines 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 Section5301(c).

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 a lease or agreement in accordance withthe terms of this ordinance. Unless and untila written lease is duly executed on behalf ofthe Board as authorized by this ordinance, issigned and approved as to lorm and legalityby the Port Attorney, and is delivered to theLessee, there shall be no valid or effectivelease or agreement.

Section 5. This ordinance shall take effectthirty (3o) days from and after its finaladoption.

In Board of Port Commissioners, Oakland,California, June 3, 2003. Passed to print forone day by the following vote: Ayes: Com -missioners Ayers-Johnson, Batarse, Katzoll,Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None.

......Secretary of the Board

The Oakland Tribune,#24454June 11, 2003

Page 148: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3749

AN ORDINANCE AMENDING PORT ORDINANCE NO. 2613 ASAMENDED, FIXING CERTAIN REVISED PARKING RATES INTHE PORT'S PUBLIC AUTOMOBILE PARKING FACILITIESAT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT.

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

Section 1. Section 1 of Port Ordinance No. 2613, as amended,which contains the rates for vehicles using the Port's publicautomobile parking facilities at the Oakland International Airport(such rates also including the City of Oakland parking user tax), ishereby revised to read in full as follows:

Hourly Parking Areas:

Minutes Amount

0 - 30 $ 2.00

31 - 60 4.00Each additional 30 minutes

or fraction thereof up to 5 hours: $2.00

Daily maximum (5 - 24 hours): $27.00

Second and each additional day:

Minutes Amount

0 - 30 $ 2.00

31 - 60 4.00Each additional 30 minutesor fraction thereof (up to 5 hours): $2.00

Daily maximum (5 - 24 hours): $32.00

Daily A and Daily B (Formerly Long Term and Economy Lot):

Minutes Amount

0 - 30 $ 2.00

31 - 60 4.00Each additional 30 minutes

or fraction thereof up to 5 hours: $2.00

Daily maximum (5 - 24 hours): $20.00

44290

Page 149: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Seventh and each additional day:Minutes Amount

0 - 30 $ 2.0031 - 60 4.00

Each additional 30 minutesor fraction thereof up to 5 hours: $2.00

Daily maximum (5 - 24 hours): $17.00

Economy Parking Areas (Formerly Overflow Parking):

Minutes Amount

0 - 30 $ 2.0031 - 60 4.00

Each additional 30 minutesor fraction thereof up to 5 hours: $2.00

Daily maximum (5 - 24 hours): $17.00

Seventh and each additional day:Minutes Amount

0 - 30 $ 2.0031 - 60 4.00

Each additional 30 minutesor fraction thereof up to 5 hours: $2.00

Daily maximum (5 - 24 hours): $14.00

Valet Parking (Per Day Rate)

Hours Amount0 - 2 $12.002 - 4 24.00

Daily maximum (4-24 hours): 35.00

Second and each additional day:Hours Amount0 - 2 $12.00

Daily maximum (2-24 hours):$35.00

First Day Only Disabled Rate:Hours Amount0 - 2 $ 9.002 - 4 18.00

Daily maximum (4-24 hours) 35.00

Second and each additional day:Hours Amount0 - 2 $12.00

Daily maximum (2-24 hours):$35.00

Section 2. Section 1 of Port Ordinance No. 2613, as amended,which contains the rates for vehicles using the Port's publicautomobile parking facilities at the Oakland International Airport(such rates also including the City of Oakland parking user tax), ishereby revised to read in full as follows:

Page 150: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Hourly Parking Areas:

Minutes Amount

0 - 30 $ 3.00

31 - 60 6.00Each additional 30 minutes

or fraction thereof up to 5 hours: $3.00

Daily maximum (5 - 24 hours): $27.00

Second and each additional day:

Minutes Amount

0 - 30 $ 3.00

31 - 60 6.00Each additional 30 minutesor fraction thereof (up to 5 hours): $3.00

Daily maximum (5 - 24 hours): $32.00

Daily A and Daily B Parking Areas:

Minutes Amount

0 - 30 $ 3.00

31 - 60 6.00Each additional 30 minutes

or fraction thereof up to 4 hours: $3.00

Daily maximum (4 - 24 hours): $20.00

Seventh and each additional day:

Minutes Amount

0 - 30 $ 3.00

31 - 60 6.00Each additional 30 minutes

or fraction thereof up to 4 hours: $3.00

Daily maximum (4 - 24 hours): $17.00

Economy or Daily C Parking Areas:

Minutes Amount

0 - 30 $ 3.00

31 - 60 6.00Each additional 30 minutes

or fraction thereof up to 3 hours: $3.00

Daily maximum (3 - 24 hours): $17.00

Seventh and each additional day:

Minutes Amount

0 - 30 $ 3.00

31 - 60 6.00Each additional 30 minutes

or fraction thereof up to 3 hours: $3.00

Daily maximum (3 - 24 hours): $14.00

Page 151: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Ayes:

Noes:

Absent:

Commissioners Batarse, Katzoff, Kramer, Protopappasand President Kiang - 5

None

Commissioners Ayers- son and Scates - 2

Attes

Valet Parking (Per Day Rate)

Hours Amount0 - 2 $12.002 - 4 24.00

Daily maximum (4-24 hours): 35.00

Second and each additional day:Hours Amount0 - 2 $12.00

Daily maximum (2-24 hours):$35.00

First Day Only Disabled Rate:Hours Amount0 - 2 $ 9.002 - 4 18.00

Daily maximum (4-24 hours) 35.00

Second and each additional day:Hours Amount0 - 2 $12.00

Daily maximum (2-24 hours):$35.00

Section 3. The new rates set forth in Section 1 shall beeffective June 1, 2003. The new rates set forth in Section 2 shall beeffective July 1, 2004.

Section 4. All other terms of this Ordinance are ratified andconfirmed.

In Board of Port Commissioners, Oakland, California, June 3, 2003. Passed to print for oneday by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer,Protopappas, Scates and President Kiang - 7. Noes: None. Absent: None.

John T. Betterton, Secretary of the Board

Adopted at a regular meeting held June 17, 2003

By the following Vote:

Page 152: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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OAKLANd TRIBUNE Legal No.

244580c/o ANG Newspapers401 13th Street, Oakland, CA 94612

al Advertising(000) 595-9595 option 4

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3749

I am a 611-tan of the linked States; I am over the age of eighteen years,and not a,Lgarty tlftair interested in the above-entitled matter. I am theLegal `Advertising_ Clerk of the printer and publisher of The OaklandTribune, a newspper published in the English language in the City ofOakland, County,of Alameda, State of California.

I declare that The Oakland Tribune is a newspaper of general circulationas defined by the laws of the State of California as determined by thiscourt's order, dated December 6, 1951, in the action entitled In the Matterof the Ascertainment and Establishment of the Standing of The Oakland

"rune as a Newspaper of General Circulation, Case Number 237798.i order states that 'The Oakland Tribune is a newspaper of generalcirculation within the City of Oakland, and the County of Alameda, and theState of California, within the meaning and intent of Chapter 1, Division 7,Title 1 [§§ 6000 et seq.], of the Government Code of the State ofCalifornia." Said order has not been revoked, vacated, or set aside.

The

PUBLIC NOTICE

I declare that the notice, of which the annexed is a printed copy, has beenpublished in each regular and entire issue of said newspaper and not inany supplement thereof on the following dates, to wit:

JUNE 11, 2003

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3749

AN ORDINANCE AMENDING PORT ORDINANCE NO. 2613 AS AMENDED, FIXINGCERTAIN REVISED PARKING RATES IN THE PORT'S PUBLIC AUTOMOBILE PARKING

FACILITIES AT IMETROPOUTAN OAKLAND INTERNATIONAL. AIRPORT.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Section 1. Section 1 of Port Ordinance No. 2813, as amended, which contains the rates for

vehicles using the Port's public automobile perking facilities at the Oakland International Air-port (such rates also including the City of Oakland parking user tax), is hereby revised to readin full as follows:

Hourly Perking Areas:

MinutesAmount0- 30$ 2.0031 - 60 4.00Each additional 30 minutesor fraction thereof up to 5 hours:$2.00Daily maximum (5 - 24 hours):$27.00

Second and each additional day:MinutesAmount0 - 30$ 2.0031 -60-4,0A 4,918Each additional 30 minutesor fraction thereof (up to 5 hv):$2.00Daily maximum (5 - 24 hours): 2.00

Deily A and Daily B (Fornuidy Long Torn and Economy

MinutesArnount0- 30$ 2.0031 - 60 4.00Each additional 30 minutesor fraction thereof up to 5 hours:$2.00Daily maximum (5 - 24 hours):$20.00

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Page 153: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

OAKLANd TRIBUNEdo ANG Newspapers401 13th Street, Oakland, CA 94612

al Advertising(000) 595-9595 option 4

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3749(.0

I am d amain of tINIUnited States; I am over the age of eighteen years,and gotta party tajor interested in the above-entitled matter. I am theLegal Advertising Clerk of the printer and publisher of The OaklandTribune, a newspiPer published in the English language in the City ofOakland, County of Alameda, State of California.r r ,

•t,tI declare that lrlie Oakland Tribune is a newspaper of general circulationas defined by the laws of the State of California as determined by thiscourt's order, dated December 6, 1951, in the action entitled In the Matterof the Ascertainment and Establishment of the Standing of The Oakland

"lune as a Newspaper of General Circulation, Case Number 237798.i order states that 'The Oakland Tribune is a newspaper of general

circulation within the City of Oakland, and the County of Alameda, and theState of California, within the meaning and intent of Chapter 1, Division 7,Title 1 [§§ 6000 et seq.], of the Government Code of the State ofCalifornia." Said order has not been revoked, vacated, or set aside.

The

PUBLIC NOTICE

I declare that the notice, of which the annexed is a printed copy, has beenpublished in each regular and entire Issue of said newspaper and not inany supplement thereof on the following dates, to wit:

JUNE 11, 2003

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

Public Notice Advertising Clerk

Page 154: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3748

AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OFA LEASE WITH UNITED STATES POSTAL SERVICE.

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

Section 1. The Board of Port Commissioners ("Board") approvesand authorizes the Executive Director to execute for and on behalf ofthe Board a five-year Lease occupying 4,400 square feet of warehousespace in Port Building No. M-106 on the South Airport for the handlingof priority, fist-class and express mail, for a five (5) year termcommencing July 1, 2003, with a 30-day cancellation provision, at amonthly rental amount of $6,160 based on $1.40 per square foot permonth, adjusted annually by the percentage change in the ConsumerPrice Index, at Oakland International Airport with the UNITED STATESPOSTAL SERVICE, containing the terms and conditions as more fully setforth in Agenda Sheet Item No. 16, dated June 3, 2003, and suchadditional terms as shall be approved by the Executive Director,consistent with the ordinance, and approved by the Port Attorney as toform and legality.

Section 2. 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 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

44264

Page 155: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

None

Commissioners Ayers-John and Scates - 2

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.

In Board of Port Commissioners, Oakland, California, June 3,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Jr., Katzoff, Kramer,Protopappas, Scates and President Kiang - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held June 17, 2003

By the following Vote :

Ayes : Commissioners Batarse, Katzoff, Kramer, Protopappasand President Kiang – 5

44264

Page 156: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

AN ORDINANCE APPROVING AND AU-THORIZING EXECUTION OF A LEASEWITH UNITED STATES POSTAL SERVICE.

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 a live-year Lease occupying4,400 square feet of warehouse space in PortBuilding No. M-106 on the South Airport forthe handling of priority, fist-class and expressmail, for a five (5) year term commencing July1, 2003, with a 30-day cancellation provision,at a monthly rental amount of $6,160 basedon $1.40 per square foot per month, adjustedannually by the percentage change in theConsumer Price Index, at Oakland Internation-al Airport with the UNITED STATES POSTALSERVICE, containing the terms and condi-tions as more fully set forth in Agenda SheetItem No. 16, dated June 3, 2003, and such ad-ditional terms as shall be approved by the Ex-ecutive Director, consistent with the ordi-nance, and approved by the Port Attorney asto form and legality.

Section 2. The Board hereby finds anddetermines 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 th e 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 ef-fective agreement or Lease.

In Board of Port Commissioners, Oakland,California, June 3, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and PresidentKiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #244575June 11, 2003

PORT ORDINANCE NO. 3748

Legal No. 0000244575

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

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE NO. 3748

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

Aare that The Oakland Tribune is a newspaper of generalu.—ulation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

6/11/03

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

Public Notice Advertising Clerk

Oakland iribune

Page 157: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3747

AN 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 ofOakland as follows:

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 $ 104.00 $ 6.00 $ 3.00 $ 8.0050 feet or less 149.00 7.00 4.00 12.0075 feet or less 220.00 12.00 5.00 18.00100 feet or less 247.00 17.00 6.00 28.00125 feet or less 384.00 28.00 12.00 41.00150 feet or less 560.00 39.00 17.00 55.00175 feet or less 742.00 50.00 27.00 74.00200 feet or less 915.00 63.00 32.00 91.00Over 200 feet 1,105.00 74.00 38.00 110.00Blimp 1,183.00 81.00 39.00 119.00

Notwithstanding the monthly rates hereinabove set forth,the monthly rate for aircraft 40 feet or less requiring taxi-in/taxiout capability is $150.00."

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

44263

Page 158: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

"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)

$232.00281.00226.00255.00296.00311.00424.00

Monthly Rates

$270.00361.00367.00464.00711.00

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

Executive Ramp Space (unspecified)

$ 114.00Executive Ramp Space (1,060 sq. feet)

161.00Executive Ramp Space (1,340 sq. feet)

216.00Executive Ramp Space (2,050 sq. feet)

326.00

The rate for office space in said T-hangars shall be $.2686 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

44263

Page 159: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Appr►aa to

President.

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 and Section 2 of this ordinance shall beeffective July 1, 2003.

In Board of Port Commissioners, Oakland, California, June 3,2003 Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Batarse, Jr., Katzoff, Kramer,Protopappas, Scates and President Kiang - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held June 17, 2003

By the following Vote:

Ayes: Commissioners Batarse, Katzoff, Kramer, Protopappas

and President Kiang - 5

Noes: None

Absent: Commissioners Ayers-Johnson and Scates - 2

Attest ( Secretary.

44263

Page 160: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000244570Oakland k l ribunec/o ANG Newspapers401 13th StreetOakland, CA 94612Le( dvertising(80L., ,95-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE NO. 3747

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

fare that The Oakland Tribune is a newsnaner of Peneral

_Alation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

6/11/03

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

Public Notice Advertising Clerk

PORT ORDINANCE NO. 3747AN ORDINANCE AMENDING SECTION 9 OF PORT ORDINANCE NO. 3634 RELATING

TO CHARGES FOR USE OF FACILITIES AT METROPOLITAN OAKLAND INTERNATIONALAIRPORT.

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

Section 1. Subsection d(1) of Section 9 of Port Ordinance No. 3634 is hereby amended toread in full as follows:

"For paved or improved aircraft parking spaces in the North Field, other than those descri-bed in subsection e(1), e(2), e(3), f(1) or f(2), designated to accommodate aircraft with wing-spans 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 $ 104.00 $ 6.00 $ 3.00 $ 8.0050 feet or less 149.00 7.00 4.00 12.0075 feet or less 220.00 12.00 5.00 18.00100 feet or less 247.00 17.00 6.00 28.00125 feet or less 384.00 28.00 12.00 41.00150 feet or less 560.00 39.00 17.00 55.00175 feet or less 742.00 50.00 27,00 74.00200 feet or less 915.00 63.00 32.00 91.00Over 200 feet 1,105.00 74.00 38.00 110.00Blimp 1,183.00 81.00 39.00 119.00

Notwithstanding the monthly rates hereinabove set forth, the monthly rate for aircraft 40 feetor less requiring taxi-in/taxi out capability is $150.00."

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

"For storage of aircraft in T-hangars in the North Field, the monthly storage rates exclusiveof office space in said T-hangars shall be as follows:

Hangar Area(Port owned Hangars)

Monthly Rates

Port-A-Port (single) $232.00Port-A-Port (light twin) 281.00T-Hangar 840 sq, feet) 226.00T-Hangar 960 sq. feet) 255.00T-Hangar 1,110 sq. feet) 296.00T-Hangar (1,152 sq. feet 311.00T-Hangar (1,596 sq. feet) 424,00

Hangar Area Between Hangar 6 & 7,and South of Building L-606(Port owned Hangars)

Monthly Rates

T-Hangar (780 sq. feet)

$270.00T-Nannar 11 flan qR1 nnT-Hangar (1,060 sq. feet)

367.00T-Hangar (1,340 sq. feet)

464.00T-Hangar (2,050 sq. feet)

711.00

Hangar Area

Monthly Rates(Privately owned Port-A-Port)

Executive Ramp Space (unspecified)

$ 114.00Executive Ramp Space (1,060 sq. feet

161.00

Executive Ramp Space (1,340 sq. feet

216.00Executive Ramp Space (2,050 sq. leet

326.00

The rate for office space in said T-hangars shall be $.2686 per square foot per month round-ed to the nearest dollar for the total office space occupied. Electricity shall be provided sepa-rately on a metered basis."

Section 3.The Board of Port Commissioners hereby finds and determines that the establish-ment and imposition of the above rates pursuant to Sections 1 and 2 of this ordinance is ex-empt from the requirements of the California Environmental Quality Act under California PublicResources Code Section 21080(b)(8) and Sections 15273 and 15061(b(3) of Title 14 of the Cal-ifornia Code of

Regulations. The basis for the exemption is that it can be seen with certainty that there isno possibility that imposition of the rates referenced herein will have a significant effect on theenvironment.

Section 4. Section 1 and Section 2 of this ordinance shall be effective July 1, 2003.

In Board of Port Commissioners, Oakland, California, June 3, 2003. Passed to print for oneday by the following vote: Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff, Kramer,Protopappas, Scates and President Kiang - 7. Noes: None. Absent: None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #244570June 11, 2003

Page 161: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO, 3746ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF AMULTI-YEAR LICENSE AND CONCESSION AGREEMENT WITHNATIONAL FURNITURE LIQUIDATORS, INC.

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

Section 1. The Board of Port Commissioners ("Board") herebyapproves a License and Concession Agreement between the CITY OF OAKLAND,a municipal corporation, acting by and through the Board, as Lessor, andNATIONAL FURNITURE LIQUIDATORS, INC., ("Licensee"), for premisesconsisting of approximately 44,792 square feet of warehouse and parkingspace located at 845 Embarcadero, Oakland, California, to be used byLicensee for refurbishing and/or reselling used hotel furniture, and orother purposes incidental and reasonably related thereto for a term ofthree years, at the rent proposed and as otherwise upon the terms andconditions set forth in Board Agenda Sheet Item No. 21 dated May 20,2003, and such standard terms and conditions as specified in the Licenseand Concession Agreement and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to executesaid License and Concession Agreement.

Section 3. The Board hereby finds and determines that the proposedLicense and Concession Agreement is exempt from the provisions of theCalifornia Environmental Quality Act ("CEQA") pursuant to GuidelinesSection 1530, Section 15301(p) and Section 15311.

Section 4. This ordinance is not evidence of and does not createor constitute (a) a contract, License and Concession Agreement or thegrant of any right, entitlement or property interest, or (b) anyobligation or liability on the part of the Board or any officer oremployee of the Board. This ordinance approves and authorizes theexecution of said License and Concession Agreement in accordance withthe terms of this ordinance. Unless and until a separate writtenLicense and Concession Agreement is duly executed on behalf of the Boardas authorized by this ordinance, is signed and approved as to form andlegality by the Port Attorney, and is delivered to Licensee, there shallbe no valid or effective License and Concession Agreement.

43935

Page 162: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 5. This ordinance shall take effect from and after itsfinal adoption.

In Board of Port Commissioners, Oakland, California, May 20,2003. 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 June 3, 2003

By the following Vote:

Ayes: Commissioners Ayers-Johnson, Batarse, Katzoff,Kramer, Protopappas, Scates and President Kiang - 7

Noes:None

Absent: None

and legality :

Port Attorney

43935

Page 163: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Oakland tribunec/o ANG Newspapers4111 13th StreetOakland, CA 94612Le' dvertising(80,, .,95-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3746

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

-tare that The Oakland Tribune is a newsnaner of treneral

L. _illation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

5/28/03

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

Public Notice Advertising Clerk

Legal No. 0000238504

PORT ORDINANCE NO. 3746

ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A

MULTI-YEAR LICENSE ANDCONCESSION AGREEMENT

WITH NATIONALFURNITURE LIQUIDATORS, INC.

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 License andConcession Agreement between the CITYOF OAKLAND, a municipal corporation, act-ing by and through the Board, as Lessor, andNATIONAL FURNITURE LIQUIDATORS,INC., ("Licensee"), for premises consisting ofapproximately 44,792 square feet of ware-house and parking space located at 845Embarcadero, Oakland, California, to beused by Licensee for refurbishing and/or re-selling used hotel furniture, and or other pur-poses incidental and reasonably related there-to for a term of three years, at the rent pro-posed and as otherwise upon the terms andconditions set forth in Board Agenda SheetItem No. 21 dated May 20, 2003, and suchstandard terms and conditions as specified inthe License and Concession Agreement andapproved by the Executive Director.

Section 2. The Executive Director is here-by authorized to execute said License andConcession Agreement.

Section 3. The Board hereby finds and de-termines that the proposed License and Con-cession Agreement is exempt from the provi-sions of the California Environmental QualityAct ("CEQA") pursuant to Guidelines Section1530, Section 15301(p) and Section 15311,

Section 4. This ordinance is not evidenceof and does not create or constitute (a) a con-tract, License and Concession Agreement orthe grant of any right, entitlement or propertyinterest, or (b) any obligation or liability onthe part of the Board or any officer or employ-ee of the Board. This ordinance approvesand authorizes the execution of said Licenseand Concession Agreement in accordancewith the terms of this ordinance. Unless anduntil a separate written License and Conces-sion Agreement is duly executed on behalf ofrho 1:Innrei rte ni ithnri7ari by thic nrriinnnra le

signea ana approves as to form ana legalityby the Port Attorney, and is delivered to Licen-see, there shall be no valid or effective Li-cense and Concession Agreement.

Section 5. This ordinance shall take effectfrom and after its line! adoption.

In Board of Port Commissioners, Oakland,California, May 20, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, States, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #238504May 28, 2003

Page 164: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3745AN ORDINANCE AMENDING PORT ORDINANCE NO. 867,ADDING AND AMENDING SECTIONS.

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

Section 1. Port Ordinance No. 867 is hereby amended to add thefollowing new positions which sections shall read as follows:

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

15.3 1 Aviation Assistant PropertiesRepresentative 230

15.4 4 Aviation Associate PropertiesRepresentative 484.9

15.5 3 Aviation Senior PropertiesRepresentative 515.1

15.6 2 Aviation Supervising PropertiesRepresentative 543.1

15.7 1 Aviation Senior SupervisingProperties Representative 561.7

15.8 1 Aviation Assistant Marketing andCommunications Representative 230

15.9 3 Aviation Associate Marketing andCommunications Representative 484.9

15.10 1 Aviation Senior Marketing andCommunications Representative 562.5

15.11 1 Aviation Supervising Marketing andCommunications Representative 543.1

15.12 1 Aviation Senior SupervisingMarketing and Communications 561.7Representative

43667

Page 165: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

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

7.3 Manager, Financial Planning 585.8

5.166 Sustainable Wage ProgramSpecialist 483.5

In Board of Port Commissioners, Oakland, California, May 6, 2003.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 May 20, 2003

By the following Vote:

Ayes:

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

Noes:None

Absent: None

Approved as to'fonn and legality :

Attes

Port Attorney

Page 166: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

PORT ORDINANCE NO. 3745

AN ORDINANCE AMENDING PORTORDINANCE NO. 867, ADDINGAND AMENDING SECTIONS.

BE IT ORDAINED by the Board of PortCommissioners of the City of Oakland asfol lows:

Section 1. Port Ordinance No. 867 is here-by amended to add the following new posi-tions which sections shall read as follows:

Section No. 15.3No. of Positions 1Title Aviation Assistant Properties

RepresentativeSalary or Schedule No. 230

Section No. 15.4No. of Positions 4Title Aviation Associate Properties

RepresentativeSalary or Schedule No. 484.9

Section No. 15.5No. of Positi.2ns 3Title Aviation Senior Properties

Representative

Salary or Schedule No. 515.1

Section No. 15.6No. of Positions 2Title Aviation Supervising

Properties RepresentativeSalary or Schedule No. 543.1

Section No. 15.7No. of Positions 1Title Aviation Senior

Supervising Properties RepresentativeSalary or Schedule No, 561,7

Section No. 15.8No. of Positions 1Title Aviation Assistant Marketing

and Communications RepresentativeSalary or Schedule No. 230

Section No. 15.9No. of Positions 3Title Aviation Associate Marketing

and Communications RepresentativeSalary or Schedule No. 484.9

Section No. 15.10No. of Positions 1Title Aviation Senior Marketing

and Communications RepresentativeSalary or Schedule No. 562.5

Section No. 15.11No. of Positions 1Title Aviation Supervising Marketing

and Communications RepresentativeSalary or Schedule No. 543.1

Section No. 15.12No. of Positions 1Title Aviation Senior Supervising

Marketing and ConimunicationsRepresentative

Salary or Schedule No. 561.7

Section 2. The following sections of PortOrdinance No. 867 are herebyamended read as follows:

Section No. 7.3No. of Positions 1Title Manager, Financial PlanningSalary or Schedule 585.8

Section No. 5.166No. of PositionsTitle Sustainable Wage Program

SpecialistSalary or Schedule No. 483.5

In Board of Port Commissioners, Oakland,California, May 6, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers•Johnson, Kramer,Protopappas, Scales, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The oakland Tribune, #234191May 14, 2003

c/o ANG Newspapers401 13th StreetOakland, CA 94612Le( dvertising(86 J5-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATION

FILE NO.In the matter of

ORDINANCE NO. 3745

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

:lare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning aridintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

5/14/03

I certify (or declare) under the penalty of perjurythat the fore of g is true and correct.

^‘J

Public Notice Advertising Clerk

Legal No.Oakland • ribune 0000234191

Page 167: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3744

ORDINANCE APPROVING AND AUTHORIZING THE EXECUTIONOF A WIRELESS TELECOMMUNICATIONS AGREEMENT WITHNEXTEL OF CALIFORNIA, INC. DOING BUSINESS ASNEXTEL COMMUNICATIONS.

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 NEXTEL OF CALIFORNIA, INC., a Delaware corporation, doingbusiness as NEXTEL COMMUNICATIONS ("NEXTEL") for approximately 144square feet of telecommunications room space in Building M102, pluseleven antenna locations throughout the South Airport in the ticketingarea (Building M101), in Terminal 1 (Building M103) and in Terminal 2(Building 130), as approved by the Port, to be used by Lessee asadditional cell sites for telephone and radio coverage to betterservice its wireless telecommunications customers, and other purposesincidental and reasonably related thereto for a term of 5 years, at aninitial monthly rent of $3,050.00 plus $25 per antenna installed, andotherwise upon the terms and conditions set forth in Board Agenda SheetItem No. 12, dated May 6, 2003, as subsequently may be revised pursuantto resolution 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 in

43660

Page 168: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

accordance 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.

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

In Board of Port Commissioners, Oakland, California, May 6,2003. 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 May 20, 2003

By the following Vote:

Ayes:

Noes:

Absent:

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

None

None

Page 169: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

c/o ANG Newspapers401 13th StreetOakland, CA 94612Lt ,dvertising(80,, J95-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATION

FILE NO.In the matter of

PORT ORDINANCE NO. 3744

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

5/14/03

I certify (or declare) under the penalty of perjurythat the foregoing, is true nd correct.

(tPublic Notice Advertising Clerk

PORT ORDINANCE NO. 3744

ORDINANCE APPROVING AND AU-THORIZING THE EXECUTION OF A WIRE-LESS TELECOMMUNICATIONS AGREE-MENT WITH NEXTEL OF CALIFORNIA,INC. DOING BUSINESS AS NEXTELCOMMUNICATIONS.

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 NEXTEL OF CALIFORNIA, INC.,a Delaware corporation, doing business asNEXTEL COMMUNICATIONS ("NEXTEL")for approximately 144 square feet of telecom-munications room space in Building M102,plus eleven antenna locations throughoutthe South Airport in the ticketing area(Building M101), in Terminal 1 (BuildingM103) and in Terminal 2 (Building 130), 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, and otherwise upon the terms and condi-tions set forth in Board Agenda Sheet ItemNo. 12, dated May 6, 2003, as subsequentlymay be revised pursuant to resolution or ordi-nance adopted by this Board, and upon suchstandard terms and conditions as specified inthe Lease 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 Irom and after its finaladoption.

In Board of Port Commissioners, Oakland,California, May 6, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #233925May 14, 2003

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

:lare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

Legal No.

Oakland T ribune 0000233925

Page 170: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3743

ORDINANCE APPROVING AND AUTHORIZING EXECUTION OFAGREEMENT TO EXTEND RIGHT-OF-ENTRY AND INDEMNITYAGREEMENT WITH THE BOEING COMPANY.

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. 11 dated May 6, 2003 (herein the "Agenda Sheet"), theBoard of Port Commissioners hereby approves and authorizes theDirector of Aviation to execute for and on behalf of the Board thatcertain Agreement to Extend Right-of-Entry and Indemnity Agreement("Extension Agreement") between the Port and THE BOEING COMPANY("BOEING"), which will govern the terms and conditions under whichBOEING may enter upon certain areas at the Oakland InternationalAirport to construct additional physical improvements and to installthe security equipment as required by the 2001 United States Aviationand Transportation Security Act (the "Act") and as otherwise describedin the Agenda Sheet and said agreement shall contain such terms andconditions as the Executive Director or Port Attorney may determinenecessary in order to protect the interests of the Port.

Section 2. The Board hereby finds and determines that thisproject has been determined to be categorically exempt fromrequirements of the California Environmental Quality Act (CEQA) andthe Port CEQA Guidelines. Article 18, pursuant to Statutory Exemption15269(c)and pursuant to Class 1 of Port Guidelines Section 15301(p);and be it

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 in accordancewith the terms of this ordinance. Unless and until a separate writtenagreement is duly executed on behalf of the Board as authorized bythis ordinance, is signed and approved as to form and legality by thePort Attorney and is delivered to Boeing, there shall be no valid oreffective agreement.

43655

Page 171: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

In Board of Port Commissioners, Oakland, California, May 6, 2003.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 May 20, 2003

By the following Vote:

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

Noes:None

Absent: None

10Appr v as to f

dAfi) #1, ■ I I I I I I I ir Port Attorney

Atte

Page 172: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000234097

PORT ORDINANCE NO. 3743

ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF

AGREEMENT TO EXTEND RIGHT-OFENTRY AND INDEMNITY AGREEMENT

WITH THE BOEING COMPANY.

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

Section 1. Based upon the informationcontained in Board Agenda Sheet Item No.11 dated May 6, 2003 (herein the "AgendaSheer), the Board of Port Commissionershereby approves and authorizes the Directorof Aviation to execute for and on behalf of theBoard that certain Agreement to Extend Right-of-Entry and Indemnity Agreement("Extension Agreement") between the Portand THE BOEING COMPANY ("BOEING')which will govern the terms and conditionsunder which BOEING may enter upon certainareas at the Oakland International Airport toconstruct additional physical improvementsand to install the security equipment as re-quired by the 2001 United States Aviationand Transportation Security Act (the "Act")and as otherwise described in the AgendaSheet and said agreement shall contain suchterms and conditions as the Executive Direc-tor or Port Attorney may determine necessaryin order to protect the interests of the Port.

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 (CEQA) and the Port CEQA Guide-lines. Article 18, pursuant to Statutory Exemp-tion 15269(c)and pursuant to Class 1 of PortGuidelines Section 15301(p); and be it

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 in accordance with the terms ofthis ordinance. Unless and until a separatewritten agreement is duly executed on behalfof the Board as authorized by this ordinance,

Boeing, mere snaii oe no yam] or effectiveagreement.

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

In Board of Port Commissioners, Oakland,California, May 6, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None.

John T. BettertonSecretary of the Board

The Oakland Tribune, #234097May 14, 2003

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

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE NO. 3743

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in theEnglish language in the City of Oakland, County of Alameda,State of California.

111/11 111, VC/1,1a111.1 1111111111.w 13 a la.wriapapLA V1 Sl+lllil al.

circulation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

5/14/03

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

Public Notice Advertising Clerk

Page 173: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3742

AN ORDINANCE AMENDING SECTION 2 OF PORTORDINANCE 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 2003 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. 46 dated April 1, 2003; 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, 2003, 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 control

43103

Page 174: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

procedures approved by the Chief Financial Officer, providedthat for any such procurement made without contract orpurchase order the purchase within the bid limits establishedby the City Council."

In Board of Port Commissioners, Oakland, California, April 1, 2003.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Scates, Tagami and President Kiang - 5. Noes: None. Absent:Commissioners Protopappas and Uribe - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held

April 15, 2003

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

Noes: None

Ayes:

Absent: None

Attest

43103

Page 175: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000222062

PORT ORDINANCE NO. 3742

AN ORDINANCE AMENDING SECTION2 OF PORT ORDINANCE NO. 1606 TOPROVIDE FOR PURCHASING - CARD

PROCUREMENT.

WHEREAS, by Resolution No, 97193 dat-ed June 17, 1997, the Board of Port Commis-sioners authorized the implementation of aprocurement card test project; and

WHEREAS, it is in the best interest of thePort to extend the program through the endof calendar year 2003 because of procure-ment and payment efficiencies attainablethrough the implementation of the program,subject to implementation of controls to as-sure appropriate usage in accordance withprogram objectives as more fully discussed

Board oard of Port Commissioners AgendaSheet No, 46 dated April 1, 2003; now there-lore

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

Section 1. Section 2 of Port OrdinanceNo. 1606 shall be and the same is herebyamended to read in full as follows:

"SECTION 2.AUTHORITY OF EXECUTIVE DIRECTOR.

Subject to the availability of funds and theconditions and procedures set forth in this or-dinance, the Executive Director is hereby au-thorized to bind the Port, by written contractor purchase order involving an expenditurenot exceeding the bid limit established by theCity Council in any one transaction, withoutadvertising or previous specific action by theBoard, for the purchase of supplies or pay-ment for services, or a combination thereof,to be furnished to the Port.

The Executive Director is further author-ized to implement, continuing through De-cember 31, 2003, a procurement and pay-ment program, with or without prior use ofpurchase orders or contracts utilizing procure-ment cards issued by a financial institutionwith whom the Port maintains banking rela-tionships, subject to control procedures ap-proved by the Chief Financial Officer, provid-ed that for any such procurement made with-out contract or purchase order the purchasewithin the bid limits established by the CityCouncil."

In Board of Port Commissioners, Oakland,California, April 1, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer, Scates,Tagami and President Kiang - 5. Noes:None. Absent: Commissioners Protopappasand Uribe - 2.

John T. BettertonSecretary of the Board

The Oakland Tribune, #222062April 10, 2003

Oakland I ribunec/o ANG Newspapers401 13th StreetOa k land, CA 94612L Advertising

) 595-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE NO. 3742

The Oakland Tribune.

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in the

lish language in the City of Oakland, County of Alameda,..,Late of California.

I declare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

4/10/03

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

Public Notice Advertising Clerk

Page 176: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3741

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867, AMENDINGSECTION 2.01 AND ADDING SECTION 10.052.

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

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. e.

70 3232 3381 3565 3753 3979

9 :3 1 6 7

Page 177: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 2. Section 10.052 is hereby added to Port Ordinance No.867 which section shall read as follows:

Section No. of Salary orNo. Positions Title Schedule No

10.052 7 Senior Telephone Operator 70

In Board of Port Commissioners, Oakland, California, April 1, 2003.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Scates, Tagami and President Kiang - 5. Noes: None. Absent:Commissioners Protopappas and Uribe - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held April 15, 2003

By the following Vote:

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

Noes:None

Absent: None

Apprdved as to fP and legality :

Page 178: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000221887

PORT ORDINANCE NO. 3741

AN ORDINANCE AMENDING PORT OR-DINANCE NO. 867, AMENDING SECTION2.01 AND ADDING SECTION 10.052.

BE IT ORDAINED by the Board of PortCommissioners of the City of 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 No. 70Rate a. 3232Rate b. 3381Rate c. 3565Rate d. 3753Rate e. 3979

Section 2. Section 10.052 is hereby add-ed to Port Ordinance No. 867 which sectionshall read as follows:

Section No. 10.052No. of Positions 7Title Senior Telephone OperatorSalary or Schedule No. 70

In Board of Port Commissioners, Oakland,California, April 1, 2003. Passed to print forone day by the lollowing vote: Ayes: Com-missioners Ayers-Johnson, Kramer, Scates,Tagami and President Kiang - 5. Noes:None. Absent: Commissioners Protopappasand Uribe - 2.

John T. BettertonSecretary of the Board

The Oakland Tribune, #221887April 10, 2003

Oakland i ribunec/o ANG Newspapers401 13th StreetOaklP rid, CA 94612Lei dvertising(80u, i95-9595 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. NO. 3741

In the matter of

PORT ORDINANCE

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in the

'ish language in the City of Oakland, County of Alameda,Stare of California.

I declare fiat The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdeterniin ed by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

4/10/03

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

Public Notice Advertising Clerk

Page 179: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3740

AN ORDINANCE AMENDING PORT ORDINANCE NO. 3634RELATING TO LANDING AND TENANT TERMINAL SPACERENTAL FEES AT METROPOLITAN OAKLAND INTERNATIONALAIRPORT.

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

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 and an Airline Operator, or as may be waivedpursuant 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. (i) 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 $14.75 per landing; provided, however, thateffective April 1, 2001, if the operator of such BasedAircraft has not signed and returned the Port's AirlineOperating Agreement, the rate shall be $18.44 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 $18.44per landing, except as hereafterset forth in subsection (c) of this Section 2.

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Page 180: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

b. For Aircraft having a maximum gross landingweight of more than 12,500 pounds, the rate shall be $1.48per 1,000 pounds of maximum gross landing weight perAircraft, except as hereafter set forth in subsection (c)of this Section 2.

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 $1.18 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 $.59 for each 1,000 pounds of maximumgross landing weight per Aircraft landed by CertificatedAirline Operators covered by Section 2c hereof and $.74 foreach 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:

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Page 181: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

a. Ticketing counter space in Building M-101 andBuilding M-130, $8.070 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, $7.263 per square foot per month;

c. Baggage claim area in Buildings M-101 andM-130, $6.456 per square foot per month; and

d. Baggage make-up area, $5.649 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.

f. Ticket Counter Usesquare foot per month; and

g. Office Space Use -square foot per month; and

h. Baggage Make-Up -

- Common Use,

Common Use,

Common Use,

$4.035

$3.632

$2.825

per

per

persquare foot per month."

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 $18,558 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 the

43016

Page 182: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

preferential 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 - $100.10 perenplaning operation.

(ii) Effective April 1, 2001, 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$125.13 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 - $0.77 perenplaning passenger.

(ii) Effective April 1, 2001, 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$0.96 per enplaning passenger.

c. Affiliated Operator - (i) Except asotherwise provided in subsection (ii) below, Airline

43016

Page 183: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Operators 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 - $0.77 perenplaning passenger.

(ii) Effective April 1, 2001, 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$0.96 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 providingscheduled 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 - $0.66 per enplaning passenger.

(ii) Effective April 1, 2001, 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$0.83 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 $1.03 per enplaning passenger

43016

Page 184: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Holdroom & LoadingBridge Charge $0.96 per enplaning passenger

Security Fee

$40.00 per enplaning passengerBaggage Claim Area

$0.55 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 unitand 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).

43016

Page 185: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 6. Section 1-4 of this ordinance shall beeffective January 1, 2003 for airlines belonging to the AirlineAffairs Committee and effective April 1, 2003 for non-based airlines,ground handlers and car rental companies.

In Board of Port Commissioners, Oakland, California, April 1, 2003.Passed to print for one day by the following vote: Ayes: Commissioners Ayers-Johnson, Kramer, Scates, Tagami and President Kiang - 5. Noes: None. Absent:Commissioners Protopappas and Uribe - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held

April 15, 2003

By the following Vote:

Ayes:

Noes:

Absent:

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

None

None

43016

Page 186: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Public Notice Advertising Clerk

OAKLANd TRIBUNE ^.1 .1 .1 1 1

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

IN Advertising595-9595 option 4

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3740

I am a citizen of the United States; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am theLegal Advertising Clerk of the printer and publisher of The OaklandTribune, a newspaper published in the English language in the City ofOakland, County of Alameda, State of California.

I declare that The Oakland Tribune is a newspaper of general circulationas defined by the laws of the State of California as determined by thiscourt's order, dated December 6, 1951, in the action entitled In the Matterof the Ascertainment and Establishment of the Standing of The Oakland

'Nuns as a Newspaper of General Circulation, Case Number 237798.order states that 'The Oakland Tribune is a newspaper of general

circulation within the City of Oakland, and the County of Alameda, and theState of California, within the meaning and intent of Chapter 1, Division 7,Title 1 [§§ 6000 et seq.], of the Government Code of the State ofCalifornia." Said order has not been revoked, vacated, or set aside.

The

PUBLIC NOTICE

I declare that the notice, of which the annexed is a printed copy, has beenpublished in each regular and entire issue of said newspaper and not inany supplement thereof on the following dates, to wit:

APRILL 10, 2003

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

d. Affittated 0 erator using Small Aircraft (I)cept as otherwise_ provide in subsection (ii) below, Airlineierators who are affiliated with a Based Tenant Operator andlisted in the Official Guide as providing scheduled service tod from the Airport utilizing Aircraft that are too small to berviced with a loading bridge provided by the Port shall pay thelowing charge:Holdroom Charge - $0.66 per enplaning passenger.

(ii) Effective April 1, 2001, if an Airlinelerator described in subsection (i) above has not signed and:timed the Port's Space/Use Permit covering its right to useace in the Terminal Buildings, and does not sign and returnch Space/Use Permit within 60 days after its receipt of suchlace/Use Permit, then commencing on the 61st day afterline Operator's receipt of such Space/Use Permit, and endingthe date the Port receives the Space/Use Permit signed bych Airline Operator, the charge to such Airline Operator underbsection (i) above shall be increased to $0.83 per enplaningssenger.e. Non- ase NgrkTenant Operator - Airlineerators who are no a Based Tenant Operator and are noted in the Official Airline Guide as providing scheduled serviceand from the Airport shall pay the following charge:

Terminal Use FeeHoldroom & LoadingBridge ChargeSecurity FeeBaggage Claim Area

f. Non-Terminal Operator - Airline Operators whonot use the Terminal Buildings and are not subject to theplane Operator Security requirements of 14 CFR 108 formestic operators or 14 CFR 129 for foreign air carriers andeign operators of U.S. registered Aircraft shall not be assessedsecondary use charge.In the event a preferential assignee is unable to use the:keting unit and loading bridge gate preferentially assigned to itreason of the gate being temporarily inoperable, and if inich event said preferential assignee is required to use another:keting unit and loading bridge gate in said second level ofAiding M-103 and Buildin M-130, said preferential assigneefall not be assessed an additional secondary use fee for such;e.For the purpose of this Section 10.10, a preferentialisignment shall give the assignee the right to a preferential)nexclusive use of a 'certain ticketing unit and associatedading bridge gate in the said second level of the Airportarminal Finger Building (M-103) and Terminal II (M-130) on aonth-to- month basis, together with the right to utilize for itsissengers using said unit and gate, the common seating areassaid second level. For the purposes of this Section 10.10, a-.1condary assignment shall give the assignee the right to!condary use of a certain ticketing unit and loading bridge gatesaid second level for a . period specified, such right beingibordinate to the prior rights of the preferential assignee,)gether with the right to utilize for its passengers using saidlit and gate, the common seating areas in said second level.

cept as hereinabove specifically provided, secondary3signments of said second level ticketing units and loadinridge gates shall not make the Airline Operator receiving sucacondary assignments a Based Tenant Operator."Section 5. The Board of Port Commissionersereby finds and determines that the imposition of the changes

lquirements of the California Environmental uality Act?.ferred to in Sections 1 - 4 of this ordinance is exempt from theursuant to Public Resources Code Section 21080(b)( ) and Title4 of the California Code of Regulations Sections 15273 and5061(b)(3).

Section 6. Section 1-4 of this ordinance shalle effective January 1, 2003 for airlines belonging to the Airline(fairs Committee and effective April 1, 2003 -for non-basedirlines, ground handlers and car rental companies.1 Board of Port Commissioners, Oakland, California, April 1,003. Passed to print for one day by the following vote: Ayes:ommissioners Ayers-Johnson, Kramer, States, Tagami andresident Kiang - 5. Noes: None. Absent: Commissionersrotopappas and Uribe - 2.ohn T. Betterton

Secretary of the Board

$1.03 per enplaning passenger

$0.96 per enplaning passenger$40.00 per enplaning passenger$0.55 per deplaning passenger

Page 187: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

OAKLANd TRIBUNEdo ANG Newspapers401 13th Street, Oakland, CA 94612

jai AdvertisingJO) 595-9595 option 4

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3740

I am a citizen of the United States; I am over the age of eighteen years,and not a party to or interested in the above-entitled matter. I am theLegal Advertising Clerk of the printer and publisher of The OaklandTribune, a newspaper published in the English language in the City ofOakland, County of Alameda, State of California.

I declare that The Oakland Tribune is a newspaper of general circulationas defined by the laws of the State of California as determined by thiscourt's order, dated December 6, 1951, in the action entitled In the Matterof the Ascertainment and Establishment of the Standing of The Oakland

"rune as a Newspaper of General Circulation, Case Number 237798.order states that "The Oakland Tribune is a newspaper of general

circulation within the City of Oakland, and the County of Alameda, and theState of California, within the meaning and intent of Chapter 1, Division 7,Title 1 [§§ 6000 et seq.], of the Government Code of the State ofCalifornia." Said order has not been revoked, vacated, or set aside.

The

PUBLIC NOTICE

I declare that the notice, of which the annexed is a printed copy, has beenpublished in each regular and entire issue of said newspaper and not inany supplement thereof on the following dates, to wit:

APRILL 10, 2003

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

Public Notice Advertising Clerk

Page 188: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3739

AN ORDINANCE ESTABLISHING A PASSENGER FACILITY CHARGE ANDAMENDING SECTION 21 TO PORT ORDINANCE NO. 3634 RELATING TOCHARGES FOR USE OF FACILITIES AT METROPOLITAN OAKLANDINTERNATIONAL AIRPORT, AND MAKING CERTAIN FINDINGS ANDDETERMINATIONS IN CONNECTION THEREWITH.

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

Section 1. Port Ordinance No. 3634 is hereby furtheramended by amending 21 thereof with the addition of a newSection 21(c)(12), as follows:

"(12) The PFC heretofore established pursuant to Section21(c)(10) is hereby amended to be the rate of fourdollars and fifty cents ($4.50) for the project approvedby the Federal Aviation Administration ("FAA") by letterdated April 16, 2002 and amended by FAA letter datedFebruary 28, 2003, and accompanying Record of Decisionshall be paid and collected on each ticket issued on orafter the charge effective date and issued before May 1,2003, (which is the estimated charge expiration dateunder the Federal Regulations), or before such other dateas may be specified in writing by the Port or the FAA inaccordance with the Act and/or the Federal Regulations."

Section 2. The Board of Port Commissioners hereby finds anddetermines that the establishment and imposition of the PFC pursuant toSection 1 of this ordinance is exempt from the requirements of theCalifornia Environmental Quality Act (CEQA) under California PublicResources Code Sections 15273(a-4).

The Board hereby finds and determines that this project hasbeen determined to be categorically exempt from requirements of theCalifornia Environmental Quality Act (CEQA) and the Port CEQAGuidelines pursuant to Class 1 of Guidelines Section 15301, Class 1(a, c, d, and f) and Section 15302, Class 2 (b and c). A Notice ofExemption was filed with the County on September 21, 2001, pursuant toCEQA.

The PFC is established and imposed pursuant to the Port's(10A) application to the FAA for an amendment to CFC No. 10 and, under

43087

Page 189: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

The PFC is established and imposed pursuant to the Port's(10A) application to the FAA for an amendment to CFC No. 10 and, underthe terms and provisions of the FAA's February 28, 2003 approval of thePort's application. The PFCs may be imposed and used for one specificproject. This project is described in the Port's application, the FAA'sapproval letter and Record of Decision and the above-referenced AgendaSheet. Each of said documents is incorporated herein by this reference.

In Board of Port Commissioners, Oakland, California, April 1,2003. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Kramer, Scates, Tagami and President Kiang - 5. Noes: None.Absent: Commissioners Protopappas and Uribe - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held

April 15, 2003

By the following Vote:Commissioners Ayers-Johnson, Kramer, Protopappas,

Ayes: Scates, Tagami, Uribe and President Kiang - 7

Noes: None

Absent: None

Attest

43087

Page 190: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

c/o ANG Newspapers401 13th StreetOakland, CA 94612Le ,dvertising(86,_, J95-95 9 5 opt.4

PORT OF OAKLAND530 WATER ST. // ROBERT JONES,OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. NO. 3739

In the matter of

AMENDING SECTION 21 TO PORT ORD.#3634

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in the

fish language in the City of Oakland, County of Alameda,of California.

I declare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

4/10/03

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

PORT ORDINANCE NO. 3739

AN ORDINANCE ESTABLISHING A PAS-SENGER FACILITY CHARGE AND AMEND-ING SECTION 21 TO PORT ORDINANCENO. 3634 RELATING TO CHARGES FORUSE OF FACILITIES AT METROPOLITANOAKLAND INTERNATIONAL AIRPORT,AND MAKING CERTAIN FINDINGS AND

DETERMINATIONS IN CONNECTIONTHEREWITH.

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

Section 1. Port Ordinance No. 3634 ishereby further amended by amending 21thereof with the addition of a new Section21(c)(12), as follows:

"(12) The PFC heretofore establishedpursuant to Section 21(c)(10) is herebyamended to be the rate of four dollars andfifty cents ($4.50) for the project approvedby the Federal Aviation Administration("FAA") by letter dated April 16, 2002 andamended by FAA letter dated February 28,2003, and accompanying Record ofDecision shall be paid and collected oneach ticket issued on or after the chargeeffective date and issued before May 1,2003, (which is the estimated chargeexpiration date under the FederalRegulations), or before such other date asmay be specified in writing by the Port orthe FAA in accordance with the Act and/orthe Federal Regulations."Section 2. The Board of Port Commission-

ers hereby finds and determines that the es-tablishment and imposition of the PFC pur-suant to Section 1 ol this ordinance is exemptfrom the requirements of the California Envi-ronmental Quality Act (CEQA) under Califor-nia Public Resources Code Sections 15273(a-4).

The Board hereby finds and determinesthat this project has been determined to becategorically exempt from requirements olthe California Environmental Quality Act(CEQA) and the Port CEQA Guidelines pur-suant to Class 1 of Guidelines Section 15301,Class 1 (a, c, d, and f) and Section 15302,Class 2 (b and c). A Notice of Exemptionwas filed with the County on September 21,2001, pursuant to CEQA.

The PFC is established and imposed pur-suant to the Port's (10A) application to theFAA for an amendment to CFC No, 10 and,under the terms and provisions of the FAA'sFebruary 28, 2003 approval of the Ports appli-cation, The PFCs may be imposed and usedtor one specific project. This project is descri-bed in the Port's application, the FAA's appro-val letter and Record of Decision and theabove-referenced Agenda Sheet. Each ofsaid documents is incorporated herein by thisreference.

In Board of Port Commissioners, Oakland,California, April 1, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer, Scates,Tagami and President Kiang - 5. Noes:None. Absent: Commissioners Protopappasand Uribo - 2.

John T. BettertonSecretary of the Board

The Oakland Tribune, #221853April 10, 2003

Legal No. 0000221853Oakland ribune

Public Notice Advertising Clerk

Page 191: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3738

ORDINANCE APPROVING AND AUTHORIZING EXECUTION OFLEASE WITH THE CITY OF OAKLAND FOR THE DEVELOPMENTAND OPERATION OF THE UNION POINT PARK.

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

Section 1. The Board of Port Commissioners ("Board") herebyapproves a Lease between the PORT OF OAKLAND, a municipal corporation,acting by and through the Board, ("Port"), and the CITY OF OAKLAND, amunicipal corporation, ("City"), for premises consisting ofapproximately 7 acres of vacant land located on Embarcadero for thedevelopment and operation of the Union Point Park, and for otherpurposes incidental and reasonably related thereto for a term of 50

Faith nna, 1 \nnAr nntinn 1-n nletnnd at thn rant nrnnncnnl and acotherwise upon the terms and conditions set tortn in hsoara Agenaa sneetItem No. 21 dated March 18, 2003, and such standard terms and conditionsas specified in the Lease and approved by the Executive Director.

Section 2. The Executive Director is hereby authorized to executesaid Lease.

Section 3. On May 25, 2000, the Board adopted a MitigatedNegative Declaration/Initial Study and Mitigation Monitoring andReporting program for the proposed park.

Section 4. This ordinance is not evidence of and does not createor constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Lease inaccordance with the terms of this ordinance. Unless and until aseparate written Lease is duly executed on behalf of the Board asauthorized by this ordinance, is signed and approved as to form andlegality by the Port Attorney, and is delivered to Lessee, there shallbe no valid or effective Lease.

42970

Page 192: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

In Board of Port Commissioners, Oakland, California, March 18,2003. 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 April 1, 2003

By the following Vote:

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

None

Commissioners Protopap•and Uribe - 2

President.

Secretary.

Noes:

Absent:

42970

Page 193: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

LEASE WITH CITY OF OAK

The Oakland Tribune

Legal No. 0000216363

PORT ORDINANCE NO. 3738

ORDINANCE APPROVING AND AU-THORIZING EXECUTION OF LEASE WITHTHE CITY OF OAKLAND FOR THE DEVEL-OPMENT AND OPERATION OF THE UN-

ION POINT PARK.

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 be-tween the PORT OF OAKLAND, a municipalcorporation, acting by and through theBoard, ("Porn, and the CITY OF OAKLAND,a municipal corporation, ("Cy), for premisesconsisting of approximately 7 acres of vacantland located on Embarcadero for the develop-ment and operation of the Union Point Park,and for other purposes incidental and reason -ably related thereto for a term of 50 yearswith one 16 year option to extend, at the rentproposed and as otherwise upon the termsand conditions set forth in Board AgendaSheet Item No, 21 dated March 18, 2003, andsuch standard terms and conditions as speci-fied in the Lease and approved by the Execu-tive Director.

Section 2. The Executive Director Is here-by authorized to execute said Lease.

Section 3. On May 25, 2000, the Boardadopted a Mitigated NegativeDeclaration/Initial Study and Mitigation Moni-toring and Reporting program for the pro-posed park.

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 Lease in accordance with the terms ofthis ordinance. Unless and until a separatewritten Lease is duly executed on behalf ofthe Board as authorized by this ordinance, issigned and approved as to form and legalityby the Port Attorney, and is delivered to Les-see, there shall be no valid or effective Lease.

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

California, March 18,2003. Passed to print torone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None, Absent:None

John T. BettertonSecretary of the Board

The Oakland Tribune, #216363March 26, 2003

Oakland eihunec/o ANG Newspapers401 13th StreetOakland, CA 94612Lei dvertising(8G._, _,95-9595 opt.4

PORT OF OAKLAND530 WATER STREET„OAKLAND CA 94607

PROOF OF PUBLICATIONFILE NO. PROJ. 3738

In the matter of

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in the

e of California.

I declare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

3/26/03

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

Public Notice Adv rasing Clerk

Page 194: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERS

CITY OF OAKLAND

PORT ORDINANCE NO. 3737

ORDINANCE AUTHORIZING, APPROVING AND EXECUTING A LEASESUPPLEMENT WITH THE UNITED STATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION ADMINISTRATION.

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

Section 1. The Board of Port Commissioners ("Board") herebyapproves and authorizes the Executive Director to execute for and onbehalf of the Board the Lease Supplement (2.9247 acres of land onGrumman Street near Earhart Road, North Airport, Oakland InternationalAirport) 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. 12,dated March 18, 2003.

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);and be it

Section 3. This ordinance is not evidence of and does not createor constitute (a) a contract, Lease or the grant of any right,entitlement or property interest, or (b) any obligation or liability onthe part of the Board or any officer or employee of the Board. Thisordinance approves and authorizes the execution of said Agreement in

90930

Page 195: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

accordance 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.

In Board of Port Commissioners, Oakland, California, March 18, 2003.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 April 1, 2003

By the following Vote:

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

Noes: None

Absent: Commissioners Protopappas and Uribe - 2

Page 196: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000216344

c/o ANG Newspapers401 13th StreetOakland, CA 94612Let Ivertising(80L, .,d5-9595 opt.4

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

PROOF OF PUBLICATIONFILE NO. ORD. # 3737

In the matter of

LEASE SUPPLEMENT WITH THE U.S. OFAMERICA, DEPT. OF TRANSPORTATION

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in the

'ish language in the City of Oakland, County of Alameda,S,—e of California.

I declare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

3/26/03

I certify (or dc.itiare) under the penal t y of perjury that tbb foregoing is true and correct.I/ /• f

PORT ORDINANCE NO. 3737

ORDINANCE AUTHORIZING, APPROV-ING AND EXECUTING A LEASE SUPPLE-

MENT WITH THE UNITED STATES OFAMERICA, DEPARTMENT OF TRANSPOR-

TATION, FEDERAL AVIATIONADMINISTRATION.

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

Section 1. The Board of Port Commission-ers ("Board") hereby approves and authorizesthe Executive Director to execute for and onbehalf of the Board the Lease Supplement(2.9247 acres of land on Grumman Streetnear Earhart Road, North Airport, Oakland In-ternational Airport) with THE UNITEDSTATES OF AMERICA, DEPARTMENT OFTRANSPORTATION, FEDERAL AVIATION AlMINISTRATION, containing the terms andconditions as more fully set forth in AgendaSheet Item No, 12, dated March 18, 2003.

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 and the Port CEQA Guidelines pur-suant to Class 1 of Guidelines Section15301(p); and be it

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 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.

In Board of Port Commissioners, Oakland,California, March 18, 2003. Passed to print forone day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scates, Tagami, Uribe andPresident Kiang - 7. Noes: None. Absent:None

John T. BettertonSecretary of the Board

The Oakland Tribune, #216344March 26, 2003

Oakland iribune

Public Notice Advertising Clerk

Page 197: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

None

None

Ayes:

Noes:

Absent:

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3736

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

CERTAIN

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

The following sections of Port Ordinance No. 867 are hereby amended tochange the position titles, which section nos. and their respective new titlesto read as follows:

SectionNo. Title

8.141 Port Assistant Environmental Planner

8.143 Port Associate Environmental Planner

5.405 Port Assistant Environmental Scientist

5.401 Port Associate Environmental Scientist

5.402 Port Junior Environmental Scientist14.8 Engineering Special Projects Administrator

In Board of Port Commissioners, Oakland, California, March 42003. 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

John T. BettertonSecretary of the Board

Adopted at a regular meeting held March 18, 2003

By the following Vote:

President.

Secretary.

41149

Page 198: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3735

AN ORDINANCE AMENDING PORT ORDINANCE NO.3044, ESTABLISHING VALET PARKING RATES FORJACK LONDON SQUARE

WHEREAS, the Board of Port Commissioners ("Board") desiresto amend Port Ordinance No. 3044 to establish certain valetparking rates for Jack London Square; now therefore

BE IT ORDAINED by the Board as follows:

Sections 4(d) of Port Ordinance No. 3044 is hereby amendedto add subsections (1) and (2) to read as follows:

(1) Valet Rates effective April 1, 2003:

Parking Time Validated Rate Unvalidated Rate

Lunch

Dinner

Each Additional 1/2Hour (or portionthereof), up to a dailymaximum of $15.00

$6.00 - up to $15.00 flat2 hours

$8.00 - up to $15.00 flat2 hours

$1.00

(2) Valet Rates effective October 1, 2003:

Parking Time Validated Rate Unvalidated Rate

Lunch

Dinner

Each Additional 1/2Hour (or portionthereof), up to a dailymaximum of $15.00

$8.00 - $20.00 $20.00 flatup to 2 hours

$8.00 - $20.00 $20.00 flatup to 2 hours

$1.00

42488

Page 199: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Attest ( -

The Director of Commercial Real Estate is hereby authorizedto set the exact rate to be charged within the range herebyapproved, and shall report such rates and changes in rates to theCommercial Real Estate Committee.

In Board of Port Commissioners, Oakland, California,February 18, 2003. Passed to print for one day by the followingvote: Ayes: Commissioners Ayers-Johnson, Kramer, Scates, Tagami,Uribe and President Kiang - 6. Noes: None. Absent: CommissionerProtopappas - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held March 4, 2003

By the following Vote:

Ayes:

Noes:

Absent:

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

None

None

Appr as to foand legality :

Port Attorney

Page 200: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

PORT ORDINANCE NO. 3735c/o ANG Newspapers401 13th StreetOakland, CA 94612Le \dvertising

,95-9595 opt.4

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

PROOF OF PUBLICATIONFILE NO. 3735

In the matter of

VALET PARKING RATES FOR JACKLONDON SQUARE

The Oakland Tribune

I am a citizen of the United States; I am over the age of eighteenyears, and not a party to or interested in the above-entitledmatter. I am the Legal Advertising Clerk of the printer andpublisher of The Oakland Tribune, a newspaper published in the

of California.

I declare that The Oakland Tribune is a newspaper of generalcirculation as defined by the laws of the State of California asdetermined by this court's order, dated December 6, 1951, in theaction entitled In the Matter of the Ascertainment andEstablishment of the Standing of The Oakland Tribune as aNewspaper of General Circulation, Case Number 237798. Saidorder states that "The Oakland Tribune is a newspaper ofgeneral circulation within the City of Oakland, and the Countyof Alameda, and the State of California, within the meaning andintent of Chapter 1, Division 7, Title 1 [§§ 6000 et seq.], of theGovernment Code of the State of California. "Said order has notbeen revoked, vacated, or set aside.

I declare that the notice, of which the annexed is a printed copy,has been published in each regular and entire issue of saidnewspaper and not in any supplement thereof on the followingdates, to wit:

2/26/03

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

AN ORDINANCE AMENDING PORTORDINANCE NO. 3044, ESTABLISHING

VALET PARKING RATES FORJACK LONDON SQUARE

WHEREAS, the Board of Port Commis-sioners ("Board") desires to amend Port Ordi-nance No. 3044 to establish certain valet parking rates for Jack London Square; nowtherefore

BE IT ORDAINED by the Board asfollows:

Sections 4(d) of Port Ordinance No. 3044is hereby amended to add subsections (1)and (2) to read as follows:

(1)Valet Rates effective April 1, 2003:

Parking Time

LunchValidated Rate$6.00 - up to 2 hoursUnvalidated Rate$15,00 flat

DinnerValidated Rate$8.00 - up to 2 hoursUnvalidated Rate$15.00 flat

Each Additional 1/2 Hour (or portionthereof), up to a daily maximum of $15.00$1.00

(2)Valet Rates effective Oct. 1, 2003:

Parking Time

LunchValidated Rate$8.00 - $20.00 up to 2 hoursUnvalldated Rate$20.00 flat

DinnerValidated Rate$8.00 - $20.00 up to 2 hours,t9n nn lint

The Director of Commercial Real Estate ishereby authorized to set the exact rate to becharged within the range hereby approved,and shall report such rates and changes inrates to the Commercial Real EstateCommittee.

In Board of Port Commissioners, Oakland,California, February 18, 2003. Passed to printfor one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer,Scates, Tagami, Uribe and President Kiang- 6. Noes: None. Absent: CommissionerProtopappas - 1.

Each Additional 1/2 Hour (or portionthereof), up to a daily maximum of $15.00$1.00

John T. BettertonSecretary of the Board

The Oakland Tribune, #205982February 26, 2003

Legal No.

Oakland ibune 0000205982

Public Notice Advertising Clerk

Page 201: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3734

ORDINANCE AMENDING PORT ORDINANCE NO. 867 AMENDING CERTAINSECTIONS RELATING TO NEW SALARY SCHEDULE, NEW AND ADDITIONALPOSITIONS AND TITLE CHANGES.

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

Section 1. Section 2.01 of Port Ordinance No. 867 is herebyamended to add new salary schedule EA which section shall read asfollows:

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

EA 6179 6486 6812 7222 7656

Section 2. Port Ordinance No. 867 is hereby amended to add thefollowing Section No. 5.088 which shall read as follows:

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

5.088 1 Government Affairs Assistant 230.43

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

92309

Page 202: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

Ayes:

Noes:

Absent:

Scates, Tagami,

None

Commissioner Protopappa

Attes

Approved as to forni and legality :

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

9.19 9 Gardener III 36.5

5.166 1 Sustainable Wage Program Specialist 511.6

5.0231 Port Environmental Health and Safety 261.6Specialist

5.0238 1 Port Environmental Health and Safety 971.17Supervisor

In Board of Port Commissioners, Oakland, California, February 4,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Scates, Tagami, Uribe and Vice PresidentProtopappas - 5. Noes: None. Absent: Commissioner Kramer andPresident Kiang - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held February 18, 2003

By the following Vote:

Port Attorney

Page 203: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

OAKLAND TRIBUNEdo ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(800) 595-9595 option 4

Legal No. 200859

PROOF OF PUBLICATION

In the matter of:

PORT ORDINANCE NO. 3734

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 ispublished and circulated in Oakland Township in said county andstate seven days a week.

The

PUBLIC NOTICE

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

FEBRUARY 12, 2003

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

Public Notice Advertising Clerk

Page 204: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

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

Public Notice Advertising Clerk

OAKLAND TRIBUNEc/o ANG Newspapers401 13th Street, Oakland, CA 94612Legal Advertising(800) 595-9595 option 4

Legal No. 200859

PORT ORDINANCE NO. 3734PROOF OF PUBLICATION

ORDINANCE AMENDING PORTORDINANCE NO. 867 AMENDING

CERTAIN SECTIONS RELATING TO NEW SALARY SCHEDULE,NEW AND ADDITIONAL

POSITIONS AND TITLE CHANGES.

BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:Section 1. Section 2.01 of Port Ordinance No. 867 is hereby amended to add new salary

ahedule EA which section shall read as follows:

SCHEDULE NO. EARate a. 6179Rate b. 6486Rate c. 6812'Rate d. 7222Rate e. 7656

Section 2. Port Ordinance No. 867 is hereby amended to add the following Section No..088 which shall read as follows:

Section No. 5.088No. of Positions 1Title Government Affairs AssistantSalary or Schedule No. 230.43Section 3. The following sections of Port Ordinance No. 867 are hereby amended to read

s follows:Section No. 9.19, 5.166, 5.0231, 5.0238No. of Positions 9, 1, 2, 1Title Gardener III, Sustainable WageProgrEre specialist, Port Environmental Health and Safety Specialist, PortEnvir -ital Health and Safety SupervisorSala ■chedule No.36.5, L., 261.6, 971.17In Board of Port Commissioners, Oakland, California, February 4, 2003. Passed to print for

me day by the following vote: Ayes: Commissioners Ayers-Johnson, Scates, Tagami, Uribeand Vice President Protopappas - 5. Noes: None. Absent: Commissioner Kramer and Presi-tent Kiang - 2.

John T. BettertonSecretary of the Board

The Oakland Tribune, #200859February 12, 2003

In the matter of:

PORT ORDINANCE NO. 3734

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 ispublished and circulated in Oakland Township in said county andstate seven days a week.

The

PUBLIC NOTICE

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

FEBRUARY 12, 2003

Page 205: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3733

AN ORDINANCE APPROVING AND AUTHORIZINGEXECUTION OF A MULTI-YEAR LICENSE ANDCONCESSION AGREEMENT WITH THE REGIONALOCCUPATIONAL PROGRAM OF THE ALAMEDA UNIFIEDSCHOOL DISTRICT AND DIRECTING RECORDATIONTHEREOF.

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

Section 1. The Board hereby approves and authorizes execution of aMulti-Year License and Concession Agreement ("Agreement") between theCITY OF OAKLAND, a municipal corporation, acting by and through thisBoard, herein referred to as "Port", and THE REGIONAL OCCUPATIONALPROGRAM OF THE ALAMEDA UNIFIED SCHOOL DISTRICT, as Licensee, to operatea coffee cart in Terminal II, Oakland International Airport, Oakland,California, at the rate proposed and as otherwise described in AgendaSheet Item No. 17, dated January 21, 2003, is hereby ratified, confirmedand approved.

Section 2. The Board hereby finds and determines that this projecthas been determined to be categorically exempt from requirements of theCalifornia Environmental Quality Act and the Port CEQA Guidelinespursuant to CEQA Guidelines, Section 15300.4 and Class 1 of Port CEQAGuidelines Section 15301(p).

Section 3. 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 approves and authorizes the execution of a contract, agreementor grant of rights in accordance with the terms of this ordinance.Unless and until a separate written contract, agreement or grant is dulyexecuted on behalf of the Board as authorized by this ordinance, issigned and approved as to form and legality by the Port Attorney, and isdelivered to the contracting party, licensee or grantee, there shall beno valid or effective contract, agreement or grant.

42103

Page 206: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 4. This Ordinance shall take effect thirty (30) days fromand after its final adoption and the Port Attorney is hereby authorized

and directed to record said Agreement.

In Board of Port Commissioners, Oakland, California, January 21,2003. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Protopappas, Scates, Tagami andUribe - 6. Noes: None. Absent: President Kiang - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held February 4, 2003

By the following Vote:

Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Scates, Tagami, Uribeand Vice-President Protopappas - 5

None

Commissioner Kramer and President Kiang - 2

Approved as

President.

AttestSecretary.

Port Attorney42103

Page 207: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Oakland ' I • ibuneLegal No. 0000195353

PORT ORDINANCE NO. 3733c/o ANG Newspapers401 13th StreetOakland, CA 94612L( \dvertising(86,-, 595-9595 opt.4

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

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3733

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

nn

—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):

1/29/03

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

Public Notice Advertising Clerk

AN ORDINANCE APPROVING ANDAUTHORIZING EXECUTION OF A MULTIYEAR LICENSE AND CONCESSION

AGREEMENT WITH THE REGIONAL OCCU-PATIONAL PROGRAM OF THE ALAMEDA

UNIFIED SCHOOL DISTRICT ANDDIRECTING RECORDATION THEREOF.

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

Section 1. The Board hereby approvesand authorizes execution of a Multi-Year Li-cense and Concession Agreement("Agreement") between the CITY OFOAKLAND, a municipal corporation, actingby and through this Board, herein referred toas "Port", and THE REGIONAL OCCUPA-TIONAL PROGRAM OF THE ALAMEDA UNI-FIED SCHOOL DISTRICT, as Licensee, tooperate a coffee cart in Terminal II, OaklandInternational Airport, Oakland, California, atthe rate proposed and as otherwise descri-bed in Agenda Sheet Item No. 17, dated Jan-uary 21, 2003, is hereby ratified, confirmedand approved.

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 CEQA Guidelines, Section 15300.4and Class 1 of Port CEQA Guidelines Section15301(p).

Section 3. 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 anyollicer or employee of the Board. This ordi-nance approves and authorizes the executionof a contract, agreement or grant of rights inaccordance with the terms of this ordinance.Unless and until a separate written contract,agreement or grant is duly executed on be-half of the Board as authorized by this ordi-nance, is signed and approved as to formand legality by the Port Attorney, and is deliv-ered to the contracting party, licensee orgrantee, there shall be no valid or effectivecontract, agreement or grant.

CnrAlr.n A Thic rho!l tcLen cf_

feet thirty (30) days from and after its finaladoption and the Port Attorney is hereby au-thorized and directed to record saidAgreement.

In Board of Port Commissioners, Oakland,California, January 21, 2003. Passed to printfor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scales, Tagami arid Uribe - 6.Noes: None. Absent: President Kiang - 1.

John T. BetterlonSecretary of the Board

The Oakland Tribune, #195353January 29, 2003

Page 208: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE No. 3732

AN ORDINANCE ESTABLISHING A PASSENGER FACILITYCHARGE AND AMENDING SECTION 28 TO PORT ORDINANCE3634 RELATING TO CHARGES FOR USE OF FACILITIES ATTHE METROPOLITAN OAKLAND INTERNATIONAL AIRPORT,AND MAKING CERTAIN FINDINGS AND DETERMINATIONS INCONNECTION THEREWITH.

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

Section 1. Port Ordinance No. 3634 is hereby amended by amendingthe first sentence of Section 28(b) as follows:

"b. There is hereby established and imposed,commencing September 1, 1992 (which is the chargeeffective date under the Federal Regulations), a PFCof three dollars ($3.00) on each ticket issued on orafter the charge effective date for each passengerenplaned at the Airport; provided, however, that incertain circumstances such PFC may be four dollars andfifty cents ($4.50) if approved by the FAA andspecified in the Ordinance imposing a particular PFC."

Section 2. Port Ordinance No. 3634 is hereby further amendedby amending Section 28 thereof with the addition of a new Section28(c)(11), as follows:

"c.(11) The PFC established pursuant to thisSection shall be at the rate of four dollars and fiftycents ($4.50) for the project approved by the FederalAviation Administration ("FAA") by letter dated April16, 2002, and accompanying Record of Decision shall bepaid and collected on each ticket issued on or afterthe charge effective date and issued before January2004, (which is the estimated charge expiration dateunder the Federal Regulations), or before such otherdate as may be specified in writing by the Port or theFAA in accordance with the Act and/or the FederalRegulations."

Section 3. The Board of Port Commissioners hereby finds anddetermines that the establishment and imposition of the PFC pursuant to

42134

Page 209: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 1 of this ordinance is exempt from the requirements of theCalifornia Environmental Quality Act (CEQA) under California PublicResources Code Sections 15273(a-4).

Based on the information provided in Agenda Sheet No. 12,dated January 21, 2003, no subsequent or Supplemental EnvironmentalImpact Report is required.

The Board hereby finds and determines that this project hasbeen cleared pursuant to the 1997 ADP EIR and the 1999 ADP SEIR incompliance with the California Environmental Quality Act ("CEQA") andthe Port CEQA Guidelines as described in the above-referenced AgendaSheet.

The PFC is established and imposed pursuant to the Port'seleventh application to the FAA and, under the terms and provisions ofthe FAA's April 16, 2002 approval of the Port's application. The PFCsmay be imposed and used for one specific project. This project isdescribed in the Port's application, the FAA's approval letter andRecord of Decision and the above-referenced Agenda Sheet. Each of saiddocuments is incorporated herein by this reference.

In Board of Port Commissioners, Oakland, California, January 21,2003. Passed to print for one day by the following vote: Ayes: CommissionersAyers-Johnson, Kramer, Protopappas, Scates, Tagami and Uribe - 6. Noes: None.Absent: President Kiang - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held February 4, 2003

By the following Vote:

Ayes:

Noes:

Absent:

Commissioners Ayers-Johnson, Scates, Tagami, Uribeand Vice-President Protopappas - 5

None

Commissioner Kramer and President Kiang-7-2_

President.

AttestSecretary.

Approved as to fp' xm and legality :

Port Attorney

42134

Page 210: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000195299

PORT ORDINANCE NO. 3732

AN ORDINANCE ESTABLISHING A PAS-SENGER FACILITY CHARGE AND AMEND-ING SECTION 28 TO PORT ORDINANCE3634 RELATING TO CHARGES FOR USEOF FACILITIES AT THE METROPOLITANOAKLAND INTERNATIONAL AIRPORT,AND MAKING CERTAIN FINDINGS ANDDETERMINATIONS IN CONNECTIONTHEREWITH.

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

Section 1. Port Ordinance No. 3634 ishereby amended by amending the first sen-tence of Section 28(b) as follows:

'b. There is hereby established and im-posed, commencing September 1, 1992(which is the charge effective date under theFederal Regulations), a PFC of three dollars($3.00) on each ticket issued on or after thecharge effective date for each passengerenplaned at the Airport; provided, however,that in certain circumstances such PFC maybe lour dollars and fifty cents ($4.50) if ap-proved by the FAA and specified in the Ordi-nance imposing a particular PFC."

Section 2. Port Ordinance No. 3634 ishereby further amended by amending Sec-tion 28 thereof with the addition of a new Sec-tion 28(c)(11), as follows:

"c.(11) The PFC established pursuant lothis Section shall be at the rate of four dollarsand fifty cents ($4.50) for the project ap-proved by the Federal Aviation Administration("FAA") by letter dated April 16, 2002, and ac-companying Record of Decision shall be paidand collected on each ticket issued on or af-ter the charge effective date and issued be-fore January 2004, (which is the estimatedcharge expiration date under the FederalRegulations), or before such other date asmay be specified in writing by the Port or theFAA in accordance with the Act and/or theFederal Regulations."

Section 3. The Board of Port Commission-ers hereby finds and determines that the es-tablishment and imposition of the PFC pur-suant to Section 1 of this ordinance is exemptfrom the requirements of the California Envi-ronmental Quality Act (CEQA) under Califor-nia Public Resources Code Sections 15273 (a-4).

Based on the information provided inAgenda Sheet No. 12, dated January 21,2003, no subsequent or Supplemental Envi-ronmental Impact Report is required.

The Board hereby finds and determinesthat this project has been cleared pursuant tothe 1997 ADP EIR and the 1999 ADP SEIR incompliance with the California EnvironmentalQuality Act ("CEOA") and the Port CEQAGuidelines as described in the above-referenced Agenda Sheet.

The PFC is established and imposed pur-suant to the Port's eleventh application to theFAA and, under the terms and provisions ofthe FAA's April 16, 2002 approval of the Port'sapplication. The PFCs may be imposed andused for one specific project, This project isdescribed in the Port's application, the FAA'sapproval letter and Record of Decision andthe above-referenced Agenda Sheet. Each ofsaid documents is incorporated herein by thisreference.

In Board of Port Commissioners, Oakland,California, January 21, 2003. Passed to printtor one day by the following vote: Ayes: Com-missioners Ayers-Johnson, Kramer,Protopappas, Scales, Ta9ami and Uribe - 6.Noes: None. Absent: President Kiang - 1.

John T. BetterlonSecretary of the Board

The Oakland Tribune, #1 95299January 29, 2003

Oakliand'i Mune(do ANG Newspapers401 13th StreetOak' CA 94612

hertising(800) 695-9595 opt.4

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

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3732

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

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

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

The PUBLIC NOTICE

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

1/29/03

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

Public Notice Advertising Clerk

Page 211: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3731

AN ORDINANCE AMENDING PORT ORDINANCE NO. 867,ADDING NEW SECTIONS 13.4 AND 13.7.

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

Section 1. Section 13.4 is hereby added to Port Ordinance No. 867which section shall read as follows:

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

13.4 1 Aviation Marketing andCommunications Supervisor 529

41839

Page 212: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Section 2. Section 13.7 is hereby added to Port Ordinance No. 867which section shall read as follows:

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

13.7 1 Aviation Project Manager 539.2

In Board of Port Commissioners, Oakland, California, December 17,2002. Passed to print for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer, Scates, Tagami and President

Kiang - 5. Noes: None. Abstained: Commissioner Uribe - 1. Absent:

Commissioner Protopappas - 1.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held January 21, 2003

By the following Vote:

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

Noes: None

President Kiang - 1Absent:

Attest

App roved as to form and legality:

Port Attorney

President.

Secretary.

Page 213: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Legal No. 0000188679

PORT ORDINANCE NO. 3731

AN ORDINANCE AMENDING PORTORDINANCE NO. 867, ADDING NEW

SECTIONS 13.4 AND 13.7.

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

Section 1. Section 13.4 is hereby addedto Port Ordinance No. 867 which section shallread as follows:

SECTION NO. 13.4

NO. OF POSITIONS

TITLE AVIATION MARKETINGAND COMMUNICATIONSSUPERVISOR

SALARY OR SCHEDULE NO. 529

Section 2. Section 13.7 is hereby addedto Port Ordinance No. 867 which section shallread as follows:

SECTION NO. 13.7

NO. OF POSITIONS 1

TITLE AVIATIONPROJECTMANAGER

SALARY OR SCHEDULE NO. 539.2

In Board of Port Commissioners, Oakland,California, December 17, 2002. Passed toprint for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer,Scates, Tagami and President Kiang - 5.Noes: None. Abstained: CommissionerUribe - 1. Absent: CommissionerProtopappas - 1.

John T. BettertonSecretary of the Board

The Oakland Tribune, #188679January 15, 2003

Oakland dbuneANG Newspapers

431 13th StreetC CA 94612Lec ivertising(800) 095-9595 opt.4

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

PROOF OF PUBLICATIONFILE NO.

In the matter of

PORT ORDINANCE NO. 3731

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

)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

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

1/15/03

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

Public Notice Advertising Clerk

Page 214: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

BOARD OF PORT COMMISSIONERSCITY OF OAKLAND

PORT ORDINANCE NO. 3730

AN ORDINANCE AMENDING SECTIONS 2 OF PORTORDINANCE 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, by Port Ordinance No. 3701, adopted on May 21,2002, the Board of Port Commissioners authorized the extension ofthe procurement card test project through December 21, 2002, and

WHEREAS, it is in the best interest of the Port toimplement the program as regular part of Port procurement policyand practice as more fully discussed in Board of PortCommissioners Agenda Sheet No. 41 dated December 17, 2002; nowtherefore

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

Section 1. Section 2 of Port Ordinance No. 1606, thesecond paragraph thereof, shall be and the same is hereby amendedto read in full as follows:

The Executive Director is further authorized to implement,continuing through March 31, 2003, a procurement and paymentprogram utilizing procurement cards issued by a financialinstitution with whom the Port maintains bankingrelationships, with or without prior use of purchase ordersor contracts, however, subject to control procedures approvedby the Chief Financial Officer, provided that for any suchprocurement made without contract or purchase order theprocurement is within the bid limits established by the CityCouncil.

41848

Page 215: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

Absent: President Kiang - 1

Section 2. This Ordinance hereby ratifies continuationof the procurement and payment program utilizing procurementcards, as set forth herein, retroactive to January 1, 2002.

In Board of Port Commissioners, Oakland, California,December 17, 2002. Passed to print for one day by the followingvote: Ayes: Commissioners Ayers-Johnson, Kramer, Scates, Tagamiand President Kiang - 5. Noes: None. Absent: CommissionersProtopappas and Uribe - 2.

John T. BettertonSecretary of the Board

Adopted at a regular meeting held January 21, 2003

By the following Vote:

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

Noes:None

41848

Page 216: BOARD OF PORT COMMISSIONERS CITY OF OAKLANDOfficer ("PFSO") on behalf of the Port. The designated PFSO shall be qualified as, and shall have the duties of, a facility security officer

c/o .LNG Newspapers401 13th StreetOak'- 94612Leidvertising(800) 595-9595 opt.4

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

PROOF OF PUBLICATIONFILE NO.

In the matter of

ORDINANCE NO. 3730

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

)0, adjudicated as suchby the Superior Court of the State ofialifornia, County of Alameda (Order No. 237798. on

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

The PUBLIC NOTICE

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

1/15/03

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

vL1 C? ,

Public Notice Advertising Clerk

AN ORDINANCE AMENDING SECTIONS2 OF PORT ORDINANCE NO. 1606 TOPROVIDE FOR PURCHASING - CARD

PROCUREMENT.

WHEREAS, by Resolution No. 97193 dat-ed June 17, 1997, the Board of Port Commis-sioners authorized the implementation of aprocurement card test project; and

WHEREAS, by Port Ordinance No. 3701,adopted on May 21, 2002, the Board of PortCommissioners authorized the extension ofthe procurement card test project through De-cember 21, 2002, and

WHEREAS, it is in the best interest of thePort to implement the program as regularpart of Port procurement policy and practiceas more fully discussed in Board of Port Com-missioners Agenda Sheet No. 41 dated De-cember 17, 2002; now therefore

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

Section 1. Section 2 of Port OrdinanceNo. 1606, the second paragraph thereof,shall be and the same is hereby amended toread in full as follows:

The Executive Director is further author-ized to implement, continuing through March31, 2003, a procurement and payment pro-gram utilizing procurement cards issued by afinancial institution with whom the Port main-tains banking relationships, with or withoutprior use of purchase orders or contracts,however, subject to control procedures ap-proved by the Chief Financial Officer, provid-ed that for any such procurement made with-out contract orpurchase order the procure-ment is within the bid limits established bythe City Council.

Section 2. This Ordinance hereby ratifiescontinuation of the procurement and pay-ment program utilizing procurement cards, asset forth herein, retroactive to January 1,2002.

In Board of Port Commissioners, Oakland,California, December 17, 2002. Passed toprint for one day by the following vote: Ayes:Commissioners Ayers-Johnson, Kramer,Scates, Tagami and President Kiang - 5.Noes: None. Absent: CommissionersProtopappas and Uribe - 2.

John T. BettertonSecretary of the Board

The Oakland Tribune, #189840January 15, 2003

Legal No. 0000189840

PORT ORDINANCE NO. 3730Oakland ieibune