BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO Oakland ( Board ) has reviewed and evaluated the Agenda Report for

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1 PORT ORDINANCE NO Page 1 of 2 and in testimony received; exercised its independent judgment based on substantial evidence in the findings set forth in the Agenda Report and in related agenda materials Section 3. In acting upon this matter, the Board has record and adopts and relies upon the facts, data, analysis, and form and legality; transaction, subject to the Port Attorney s review and approval as to or his designee to execute any agreements necessary to consummate this Section 2. The Board hereby authorizes the Executive Director Concession with the City of Oakland to continue storage and operation of Unit ( ARGUS ); helicopters in support of the Oakland Police Department Aerial Section 1. The Board hereby adopts and ratifies License and Support of Oakland as follows: BE IT ORDAINED by the Board of Port Commissioners of the City therefore staff, and has provided opportunities for and taken public comment; and, related agenda materials, has received the expert testimony of Port Agenda Item 5.6, dated December 15, 2011 (the Agenda Report ) and Oakland ( Board ) has reviewed and evaluated the Agenda Report for WHEREAS the Board of Port Commissioners of the City of SUPPORT UNIT FOR SERVICES IN LIEU OF MONETARY AIRPORT, BY OAKLAND POLICE DEPARTMENT - AERIAL HANGAR SPACE AT NORTH FIELD, OAKLAND INTERNATIONAL AGREEMENT WITH THE CITY OF OAKLAND FOR USE OF ORDINANCE RATIFYING LICENSE AND CONCESSION RENTS PER THE FEDERAL GRANT ASSURANCES. CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

2 The Board of Port Commissioners, Oakland, California, December 15, Passed to print for one day by the following vote: Ayes: 5. Commissioners Gonzales, Gordon, Uno, Yee and President Calloway Excused: Commissioners Head and Lighty 2 Noes: 0. Adopted at a special meeting held January 12, 2012 by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Yee and President Calloway 5 Excused: Commissioner Uno 1 Noes: 0 Appro ed as to form mj legality: Port Atø1 Page 2 of ey Aftec7 Secretary of the Board John T. Betterton from and after its final adoption. Section 4. This ordinance shall take effect thirty (30) days

3 PORT ORDINANCE NO Page 1 of the part of the Board or any officer or employee of the Board. create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on Section 4. This ordinance is not evidence of and does not legality as further detailed and explained in the Agenda Report. transaction, subject to the Port Attorney s approval as to form and INC. and any other documents that may be necessary to consummate the his designee, to execute a six year Lease Extension with GSC LOGISTICS, Section 3. The Board authorizes the Executive Director, or Agenda Report. with GSC LOGISTICS, INC., as further detailed and explained in the Section 2. The Board approves a six year Lease Extension and in testimony received; exercised its independent judgment based on substantial evidence in the findings set forth in the Agenda Report and in related agenda materials Section 1. In acting upon this matter, the Board has record and adopts and relies upon the facts, data, analysis, and of Oakland as follows: BE IT ORDAINED by the Board of Port Commissioners of the City therefore staff, and has provided opportunities for and taken public comment; and, related agenda materials, has received the expert testimony of Port Agenda Item 6.1, dated December 15, 2011 (the Agenda Report ) and Oakland ( Board ) has reviewed and evaluated the Agenda Report for WHEREAS the Board of Port Commissioners of the City of SIX-YEAR LEASE EXTENSION WITH GSC LOGISTICS, INC. ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

4 from and after its final adoption. record and adopts and relies upon the facts, data, analysis, and Section 6. This ordinance shall take effect thirty (30) days and in testimony received. findings set forth in the Agenda Report and in related agenda materials Page 2 of Port ttorney Approv as to form d legality: Secretary. Attest Excused: Commissioner Uno 1 and President Calloway 5 Ayes: Commissioners Gonzales, Gordon, Head, Yee by the following vote: Adopted at a special meeting held January 12, 2012 Secretary of the Board John T. Betterton Excused: Commissioners Head and Lighty 2 Noes: 0. Commissioners Gonzales, Gordon, Uno, Yee and President Calloway , Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, December exercised its independent judgment based on substantial evidence in the Section 5. In acting upon this matter, the Board has

5 PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT FOR PURCHASE AND SALE AND GROUND LEASE OF REAL PROPERTY IN THE OAK TO NINTH DISTRICT. WHEREAS the Board of Port Commissioners of the City of Agenda Item 6.1, dated January 12, 2012 (the Agenda Report ) and BE IT ORDAINED by the Board of Port Commissioners of the City and in testimony received. Page 1 of for no longer than 30 days from the date of board authorization, and legality, and that the approvals set forth in this ordinance be valid such additional documents as may be necessary to carry out the such documents are approved by the Port Attorney as to form and documents are approved by the Executive Director or his designee and transaction contemplated in the Agenda Report, provided that such Section 3. The Board of Port Commissioners hereby authorizes the Executive Director or his designee to execute such agreements and legality. Section 2. The Board approves the requested extension to the close of escrow date and approves and authorizes the Executive Director to the Agreement for Purchase and Sale and Ground Lease for Real Property in the Oak to Ninth District as further detailed and explained in the Agenda Report and as approved by the Port Attorney as to form and or his designee to execute for and on behalf of the Board an Amendment exercised its independent judgment based on substantial evidence in the findings set forth in the Agenda Report and in related agenda materials Section 1. In acting upon this matter, the Board has record and adopts and relies upon the facts, data, analysis, and of Oakland as follows: public comment; now, therefore related agenda materials, has received the expert testimony of Port of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Oakland ( Port ) staff, and has provided opportunities for and taken CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

6 the part of the Board or any officer or employee of the Board. create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on Section 4. This ordinance is not evidence of and does not and absolute discretion of the Executive Director or his designee Page 2 of 2 Port torney Approved as to form and legality: Attest: Noes: 0 and President Calloway 6 Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee by the following vote: Adopted at a special meeting held January 26, 2012 Secretary of the Board John T. Betterton Commissioners Gonzales, Gordon, Head, Yee and President Calloway Excused: Commissioner Uno 1 Noes: Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, January 12, from and after its final adoption. Section 5. This ordinance shall take effect thirty (30) days such approval shall be null and void unless further extended at the sole that if the requested agreements are not fully executed by that date

7 PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE GROUND LEASE FOR 98 BROADWAY AND TERMINATION OF THE GROUND LEASE FOR PAVILION 2 IN JACK LONDON SQUARE. WHEREAS the Board of Port Commissioners of the City of Agenda Item 6.2, dated January 12, 2012 (the Agenda Report ) and BE IT ORDAINED by the Board of Port Commissioners of the City and termination contemplated in the Agenda Report, provided that this Page 1 of S discretion of the Executive Director or his designee. null and void unless further extended at the sole and absolute approval be valid for no longer than 60 days from the date of Board executed by that date the documents approved by this ordinance shall be authorization, and that if the requested documents are not fully such additional documents as may be necessary to carry out the amendment Section 3. The Board of Port Commissioners hereby authorizes the Executive Director or his designee to execute such agreements and approves and authorizes the Executive Director or his designee to Jack London Square as further detailed and explained in the Agenda Report and as approved by the Port Attorney as to form and legality. for 98 Broadway and termination of the Ground Lease for Pavilion 2 in execute for and on behalf of the Board an mendment to the Ground Lease Section 2. The Board of Port Commissioners ( Board ) and in testimony received. exercised its independent judgment based on substantial evidence in the findings set forth in the Agenda Report and in related agenda materials Section 1. In acting upon this matter, the Board has record and adopts and relies upon the facts, data, analysis, and of Oakland as follows: public comment; now, therefore related agenda materials, has received the expert testimony of Port of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Oakland ( Port ) staff, and has provided opportunities for and taken CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

8 from and after its final adoption. Section 5. This ordinance shall take effect thirty (30) days the part of the Board or any officer or employee of the Board Page 2 of 2 Port Atiorney Approved as to form and legality: Secretary. and President Calloway Noes: 0 6 Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee by the following vote: Adopted at a special meeting held January 26, 2012 Secretary of the Board John T. Betterton Excused: Commissioner Uno 1 Noes: 0. Commissioners Gonzales, Gordon, Head, Yee and President Calloway Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, January 12, create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on Section 4. This ordinance is not evidence of and does not

9 PORT ORDINANCE NO Page 1 of 2 Section 4. The Board hereby finds that the subject property inadequate, obsolete, and worn-out for Port purposes. is lawfully restricted to wetlands uses in perpetuity and, as such, is Section 3. The Board hereby finds that the performance of necessary to consummate this transaction. public interest because of the economy or better performance, and authorizes the Executive Director to make such findings as may be the service by contract, regardless of the nature or term, is in the as to form and legality. and authorizes the Executive Director or his designee to approve and and explained in the Agenda Report and as approved by the Port Attorney mitigation site at the Oakland Airport Business Park as further detailed Regional Park District ( EBRDP ) to convey 7.97± acres of a Port owned execute the proposed Property Transfer and Acceptance with the East Bay Section 2. The Board approves the terms and conditions of and in testimony received. exercised its independent judgment based on substantial evidence in the findings set forth in the Agenda Report and in related agenda materials Section 1. In acting upon this matter, the Board has record and adopts and relies upon the facts, data, analysis, and of Oakland as follows: BE IT ORDAINED by the Board of Port Commissioners of the City public comment; now, therefore related agenda materials, has received the expert testimony of Port of Agenda Item 6.4, dated January 26, 2012 (the Agenda Report ) and Oakland ( Board ) has reviewed and evaluated the Agenda Report for Oakland ( Port ) staff, and has provided opportunities for and taken WHEREAS the Board of Port Commissioners of the City of DISTRICT (OAKLAND ALAMEDA COUNTY, CALIFORNIA). OWNED PROPERTY TO THE EAST BAY REGIONAL PARK CONVEY 7.97± ACRES OF PORT OF OAKLAND ( PORT ) ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A PROPERTY TRANSFER AND ACCEPTANCE AGREEMENT TO W CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

10 in the Agenda Report, provided that such documents are approved by the the Port Attorney as to form and legality, and that the approvals set Executive Director or his designee and such documents are approved by documents as may be necessary to carry out the transaction contemplated Commissioners Gonzales, Gordon, Uno, Yee and President Calloway Excused: Commissioner Head 1 Noes: Page 2 of Port A orney Approved as to form and legality: : ta Attest Excused: Commissioner Head awa5 Gordon, Head, Yee by the following vote: Adopted at a regular meeting held February 16, 2012 Secretary of the Board John T. Betterton Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, January 26, from and after its final adoption. Section 7. This ordinance shall take effect thirty (30) days create or constitute (a) a contract, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on Section 6. This ordinance is not evidence of and does not the part of the Board or any officer or employee of the Board. not fully executed by that date such approval shall be null and void Executive Director or his designee. date of Board authorization, and that if the requested agreements are unless further extended at the sole and absolute discretion of the forth in this ordinance be valid for no longer than six months from the Director or his designee to execute such agreements and such additional Section 5. The Board hereby authorizes the Executive

11 PORT ORDINANCE NO C be vi classification. The employee shall be required to continue performing the reside within a different technical or functional area than the employee s duty pay. The assigned duties must be at a higher level of complexity or paid an additional six percent (6%), hereinafter referred to as extra distinguishing characteristics or typical tasks/duties of the class, shall classification as defined in the class definition or as defined by the and Deputy Executive Director, to perform assigned duties outside his/her manager, with the prior written approval of the Director of Administration (b) An employee who has been assigned by his/her department of commencement. Acting assignments shall not exceed one (1) year from the date holidays or paid leave periods. pay shall not be awarded for non work time such as, but not limited to, appropriate, and only for the time the work is actually performed. Acting Acting pay shall be awarded on an hourly basis, when Administration and Deputy Executive Director, to act in a position of a higher classification for a period greater then ten (10) consecutive business days, shall be paid an additional six (6) percent, hereinafter defined herein as an assignment to perform all of the ordinary day to day higher than his/her own. duties and responsibilities of a budgeted position of a classification referred to as acting pay. A position of a higher classification is department manager, with the prior written approval of the Director of Section (a) An employee who has been assigned by his/her to read as follows: Section 1. Section 1.32 of Port Ordinance No. 867 is hereby amended Oakland as follows: BE IT ORDAINED by this Board of Port Commissioners of the City of of Oakland staff, and has provided opportunities for and taken public comment; now therefore Report ) and related materials, has received the expert testimony of Port evaluated the Agenda Report dated March 15, 2012, Item 4.1 ( Agenda WHEREAS the Board of Port Commissioners ( Board ) has reviewed and NENDED. CONSISTENT WITH SECTION 1.32 OF PORT ORDINANCE NO. 867, AS DIRECTOR TO AMEND PORT POLICIES AND PROCEDURES TO MAKE THEM PORT EMPLOYEES AND DELEGATING AUTHORITY TO THE EXECUTIVE RELATING TO THE PROVISION OF ACTING PAY AND EXTRA DUTY PAY FOR ORDINANCE NDING SECTION 1.32 OF PORT ORDINANCE NO. 867 CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

12 appropriate, and only for the time the work is actually performed. Extra to, holidays or paid leave periods. duty pay shall not be awarded for non-work time such as, but not limited Extra duty pay shall be awarded on an hourly basis, when performing the extra duties vl Port Attorney Approved as to form and ega1ity: / Attest: Noes: 0 Gordon, Head, Uno, by the following vote: Adopted at a regular meeting held April 5, 2012 Secretary of the Board John T. Betterton Excused: Commissioner Gordon - 1. Noes: 0. Commissioners Gonzales, Head, Uno, Yee and President Calloway Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, March 18, in testimony received. and conditions set forth in the Agenda Report and in related materials and has exercised its independent judgment based on substantial evidence in Section 3. In acting upon the matters contained herein, the Board the record and adopts and relies upon the facts, data, analysis, findings amended. to make them consistent with Section 1.32 of Port Ordinance No. 867, as authority to amend as appropriate Port of Oakland Policies and Procedures Section 2. The Board hereby delegates to the Executive Director the Directors. of Section 714 of the Charter nor to employees designated by the Board as Executive Director and his/her two principal assistants within the meaning (d) The provisions of this section shall not apply to the assignments. Director of Administration shall maintain appropriate records of such Cc) Individual assignments require prior written approval, and the, duties, and the employee shall also receive his/her usual pay while duties of his/her permanent classification while performing the extra

13 PORT ORDINANCE NO Page 1 of and in testimony received; findings set forth in the Agenda Report and in related agenda materials record and adopts and relies upon the facts, data, analysis, and exercised its independent judgment based on substantial evidence in the Section 3. In acting upon this matter, the Board has attachments thereto. amendments to the Minimum Standards set forth in the Agenda Report and Section 2. The Board hereby approves and adopts the International Airport, consistent with the Agenda Report. aeronautical services and self fueling at the North Field, Oakland Port Ordinance 4126 establishing minimum standards for providers of Section 1. The Board hereby approves and adopts amendments to of Oakland as follows: BE IT ORDAINED by the Board of Port Commissioners of the City comment; now, therefore ( Port ) staff, and has provided opportunities for and taken public agenda materials, has received the expert testimony of Port of Oakland Agenda Item 6.3, dated March 15, 2012 (the Agenda Report ) and related Oakland ( Board ) has reviewed and evaluated the Agenda Report for WHEREAS the Board of Port Commissioners of the City of AIRPORT ( MINIMUM STANDARDS ) FUELING AT THE NORTH FIELD, OAKLAND INTERNATIONAL FOR PROVIDERS OF AERONAUTICAL SERVICES AND SELF ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO PORT ORDINANCE 4126 ESTABLISHING MINIMUM STANDARDS CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

14 Page 2 of 2 Port Attorney Approved as to form and legality: Secretary. Attest: Pre t. Noes: 0 and President Calloway 6 Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee by the following vote: Adopted at a regular meeting held April 5, 2012 Secretary of the Board John T. Betterton Excused: Commissioner Gordon 1. Noes: 0. Commissioners Gonzales, Head, Uno, Yee and President Calloway Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, March 15, from and after its final adoption., Section 4. This ordinance shall take effect thirty (30) days

15 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING A FIRST AMENDMENT TO THE TELECOMMUNICATIONS LICENSE AGREEMENT TMO CA/NV, LLC DOING BUSINESS AS T-MOBILE, USA, INC. WHEREAS the Board of Port Commissioners of the City of Oakland (the Board ) has reviewed and evaluated the Agenda Report for Agenda Item 5.6, dated April 5, 2012 (the Agenda Report ) and related agenda materials, has received the expert testimony of Port staff, and has provided opportunities for and taken public comment; and WHEREAS the Board adopted Port Ordinance No on January 16, 2007, authorizing the terms and conditions of a 5-year Telecommunications License Agreement with TMO CA/NV, LLC DOING BUSINESS AS T-MOBILE, USA, INC. for wireless telecommunications services at Oakland International Airport; now, therefore BE IT ORDAINED by the Board as follows: Section 1. The Board approves and authorizes the Executive Director to approve and execute for and on behalf of the Board subject to the Port Attorney s approval as to form and legality, a First Amendment to the Telecommunications License Agreement with TMO CA/NV, LLC DOING BUSINESS AS T-MOBILE, USA, INC. which will define the license fees and performance deposit for continued operation and delivery of wireless telecommunications services at the Oakland International Airport and to extend the term of such agreement for three (3) years and three (3) months commencing on April 1, 2012 and expiring on June 30, 2015, as set forth in the Agenda Report. Section 2. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to Lessee, there shall be no valid or effective Agreement. Page 1 of vi

16 6. Section 3. The Board hereby finds and determines that the proposed Agreement is exempt from the provisions of the California Environmental Quality Act ( CEQA ) and the Port CEQA Guidelines, pursuant to Guidelines, Article 19, Section and to Class I of Guidelines Section (p) Section 4. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 5. This ordinance shall take effect thirty (30) days from and after its final adoption. The Board of Port Commissioners, Oakland, California, April 5, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway Noes: 0. John T. Betterton Secretary of the Board Adopted at a special meeting held May 11, 2012 by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway 6 Noes: 0 Approved as to form and legality: Secretary. Port Attorney Page 2 of vi

17 shall be no valid or effective Agreement. and expiring on June 30, 2015, as set forth in the Agenda Report. Agenda Item 5.6, dated April 5, 2012 (the Agenda Report ) and related and until a separate written Agreement is duly executed on behalf of the and legality by the Port Attorney, and is delivered to Lessee, there Section 1. The Board approves and authorizes the Executive to the Port Attorney s approval as to form and legality, a First Section 2. This ordinance is not evidence of and does not the part of the Board or any officer or employee of the Board. Unless Director to approve and execute for and on behalf of the Board subject define the license fees and performance deposit for continued operation and delivery of wireless telecommunications services at the for three (3) years and three (3) months commencing on April 1, 2012 create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on CINGULAR WIRELESS PCS, LLC, DOING BUSINESS AS AT&T MOBILITY which will Amendment to the Telecommunications License Agreement with NEW BE IT ORDAINED by the Board as follows: services at Oakland International Airport; now, therefore LLC, DOING BUSINESS AS AT&T MOBILITY for wireless telecommunications 16, 2007, authorizing the terms and conditions of a 5 year has provided opportunities for and taken public comment; and Oakland (the Board ) has reviewed and evaluated the Agenda Report for agenda materials, has received the expert testimony of Port staff, and Oakland International Airport and to extend the term of such agreement WHEREAS the Board of Port Commissioners of the City of WHEREAS the Board adopted Port Ordinance No on January MOBILITY. CINGULAR WIRELESS PCS, LLC, DOING BUSINESS AS AT&T TELECOMMUNICATIONS LICENSE AGREEMENT WITH NEW ORDINANCE APPROVING A FIRST AMENDMENT TO THE PORT ORDINANCE NO CITY OF OAKLAND Board as authorized by this ordinance, is signed and approved as to form BOARD OF PORT COMMISSIONERS Telecommunications License Agreement with NEW CINGULAR WIRELESS PCS, Page 1 of vi

18 6. Section 3. The Board hereby finds and determines that the proposed Agreement is exempt from the provisions of the California Environmental Quality Act ( CEQA ) and the Port CEQA Guidelines, pursuant to Guidelines, Article 19, Section and to Class I of Guidelines Section (p) Section 4. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 5. This ordinance shall take effect thirty (30) days from and after its final adoption. The Board of Port Commissioners, Oakland, California, April 5, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway Noes: 0. John T. Betterton Secretary of the Board Adopted at a special meeting held May 11, 2012 by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway 6 Noes: 0 Presiden At st: Secretary Approved as to form and legality: Port Attorney vi Page 2 of 2

19 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING A FIRST AMENDMENT TO THE TELECOMMUNICATIONS LICENSE AGREEMENT GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS. WHEREAS the Board of Port Commissioners of the City of Oakland (the Board ) has reviewed and evaluated the Agenda Report for Agenda Item 5.6, dated April 5, 2012 (the Agenda Report ) and related agenda materials, has received the expert testimony of Port staff, and has provided opportunities for and taken public comment; and WHEREAS the Board adopted Port Ordinance No on December 4, 2007, authorizing the terms and conditions of a 5 year Telecommunications License Agreement with GTE MOBILNET OF CALIFORNIA, LIMITED PARTNERSHIP DOING BUSINESS AS VERIZON WIRELESS for wireless telecommunications services at Oakland International Airport; now, therefore BE IT ORDAINED by the Board as follows: Section 1. The Board approves and authorizes the Executive Director to approve and execute for and on behalf of the Board subject to the Port Attorney s approval as to form and legality, a First Amendment to the Telecommunications License Agreement with GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP which will define the license fees and performance deposit for continued operation and delivery of wireless telecommunications services at the Oakland International Airport and to extend the term of such agreement to commence on January 1, 2013 and expire on June 30, 2015, as set forth in the Agenda Report. Section 2 This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to Lessee, there shall be no valid or effective Agreement. Page 1 of vl

20 6. Section 3. The Board hereby finds and determines that the proposed License and Concession Agreement is exempt from the provisions of the California Environmental Quality Act ( CEQA ) and the Port CEQA Guidelines, pursuant to Guidelines, Article 19, Section and to Class I of Guidelines Section 15301(p). Section 4. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 5. This ordinance shall take effect thirty (30) days from and after its final adoption. The Board of Port Commissioners, Oakland, California, April 5, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway Noes: 0. John T. Betterton Secretary of the Board Adopted ata special meeting held May 11,2012 by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Y and President Calloway 6 e Approved as to form and legality: Port Attorney Page 2 of vi

21 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING A SPACE/USE PERMIT WITH ADVANCED WIRELESS GROUP, LLC. TO PROVIDE FOR WIRELESS FIDELITY COMMUNICATION SERVICES ( WI-Fl ). BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board of Port Commissioners ( Board ) hereby approves a Space/Use Permit ( Agreement ) between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and ADVANCED WIRELESS GROUP, LLC., a limited liability company, for Wireless Fidelity Communication Services ( Wi Fi ) within the core equipment room in the lower level of Terminal One, and other purposes incidental and reasonably related thereto for a term of five (5) years, commencing from July 1, 2012 and expiring on, June 30, 2017, at an initial Minimum Annual Guarantee of $125,000 or 40% of gross sales receipts, whichever is higher, provided for in the Space/Use Permit and otherwise upon terms and conditions consistent with those set forth in Board Agenda Report No. 6.2 dated April 5, 2012, and such standard terms and conditions as specified in the Space/Use Permit arid approved by the Executive Director. Section 2. The Board hereby finds and determines that this project has been determined to be categorically exempt from requirements of the California Environmental Quality Act ( CEQA ) and the Port CEQA Guidelines pursuant to Class 1 of Guidelines Section (p) Section 3. The Agreement. Executive Director is hereby authorized to execute said Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to Lessee, there shall be no valid or effective Agreement. Page 1 of vi

22 6. Section 5. This ordinance shall take effect thirty (30) days from and after its final adoption. The Board of Port Commissioners, Oakland, California, April 5, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway Noes: 0. John T. Betterton Secretary of the Board Adopted at a special meeting held May 11, 2012 by the following vote: Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway 6 Noes: 0 Presidocit. Attest:7 LIt&h-yi Secretary. Q Approved as to form and le ality: Port Atto ey Page 2 of vl

23 BOARD OF PORT COMMISSIONERS 0 CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LICENSE AND CONCESSION AGREEMENT WITH THE ANCHOR PROGRAM. WHEREAS, the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item No. 6.3, dated April 5, 2012 ( Agenda Report ) and related materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore, be it BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows:, Director or his designee to approve and execute, for and on behalf of the Section 1. The Board hereby approves and authorizes the Executive Board, a License and Concession Agreement ( Agreement ), and any such other agreements necessary to consummate the transaction between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, as Lessor, and THE ANCHOR PROGRAM, ( Licensee ), for certain waterside and landside premises located near Clay and Water Street, in Oakland, California, at a rent of $1.00 annually and otherwise upon terms and conditions consistent with those set forth in the Agenda Report and such standard terms and conditions as specified in the License and Concession Agreement and approved by the Executive Director and the Port Attorney as to form and legality and that the approval be valid for no longer than 90 days from the date of Board authorization, and that if the License and Concession Agreement is not fully executed by that date, such approval shall be null and void unless further extended at the sole and absolute discretion of the Executive Director or his designee. Section 2. The Executive Director is hereby authorized to execute said License and Concession Agreement. Section 3. The Board hereby finds and determines that the proposed License and Concession Agreement is exempt from the provisions of the California Environmental Quality Act ( CEQA ) Guidelines pursuant to Section 15301; and exempt from CEQA Guidelines pursuant to Section and Port CEQA Guidelines, pursuant to Guidelines, Section 15301, existing facilities. Page 1 of

24 Section 5. This ordinance is not evidence of and does not create record and adopts and relies upon the facts, data, analysis, and findings received set forth in the Agenda Report and in related materials and in testimony Page 2 of 2 Port Attorney Approved as to form and legality: Noes: 0 and President Calloway 6. 6 Ayes: Commissioners Gonzales, Gordon, Head, Uno, Yee by the following vote: Adopted at a special meeting held May 11, 2012 Secretary of the Board John T. Betterton Noes: 0. Commissioners Gonzales, Gordon, Head, Uno, Yee and President Calloway Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, April 5, and after its final adoption Section 6. This ordinance shall take effect thirty (30) days from legality by the Port Attorney, and is delivered to Licensee, there shall be no written License and Concession Agreement is duly executed on behalf of the valid or effective License and Concession Agreement. Board or any officer or employee of the Board. Unless and until a separate Board as authorized by this ordinance, is signed and approved as to form and or property interest, or (b) any obligation or liability on the part of the or constitute (a) a contract, agreement or the grant of any right, entitlement has exercised its independent judgment based on substantial evidence in the Section 4. In acting upon the matters contained herein, the Board

25 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING LEASE WITH RESTAURANTS UNLIMITED, INC. FOR THE PREMISES LOCATED AT 1 FRANKLIN STREET, OAKLAND, CALIFORNIA FOR $4,209, OVER A TERM OF TEN (10) YEARS IN ANNUAL REVENUE FOR THE PORT OF OAKLAND. WHEREAS the Board of Port Commissioners (the Board ) has reviewed and evaluated Board Agenda Report Item No. 6.2, dated May 17, 2012 (the Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board as follows: SECTION 1. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received; and SECTION 2. The Board hereby approves a lease with RESTAURANTS UNLIMITED, INC., for the premises located at 1 Franklin Street, Oakland, California and as more fully described in Agenda Report Item 6.2, dated May 17, 2012; and SECTION 3. The Board hereby authorizes the Executive Director or his designee to execute such documents as may be necessary to carry out the transaction contemplated in the Agenda Report, provided that such documents are approved by the Executive Director or his designee and such documents are approved by the Port Attorney as to form and legality, and that the approval be valid for no longer than 120 days from the date of board authorization, and that if the vi

26 2. requested documents are not fully executed by that date such approval shall be null and void unless further extended at the sole and absolute discretion of the Executive Director or his designee; and SECTION 4. This ordinance is not evidence of and does not create or constitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. Unless and until a separate written agreement is duly executed on behalf of the Board as authorized by this resolution, is signed and approved as to form and legality by the Port Attorney, and is delivered to the other contracting party, there shall be no valid or effective agreement. The Board of Port Commissioners, Oakland, California, May 17, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Hamlin, Uno, Yee and President Calloway 5. Excused: Commissioners Gordon & Head Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held June 7, 2012 by the following vote: Ayes: Commissioners Gordon, Hamlin, Head, Uno, and President Gonzales 6 Excused: President Calloway 1 Noes: 0 Attest ee A Approved as to form and legality: Port ttorney( -h vl

27 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING A TEMPORARY CONSTRUCTION EASEMENT FOR RECONSTRUCTION OF THE EMBARCADERO BRIDGE IN OAKLAND, CALIFORNIA. WHEREAS the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 6.3, dated May 17, 2012 (the Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 2. The Board approves the terms and conditions of and authorizes the Executive Director, or his designee, to approve and execute a Temporary Construction Easement with the City of Oakland and Oakland Harbor Partners to allow the City to reconstruct the Embarcadero Bridge located over the Lake Merritt Channel, in Oakland, California as further detailed and explained in the Agenda Report and as approved by the Port Attorney as to form and legality. Page 1 of

28 2. Attest Section 3. The approvals set forth in this ordinance be valid for no longer than three months from the date of Board authorization, and that if the requested agreement is not fully executed by that date such approval shall be null and void unless further extended at the sole and absolute discretion of the Executive Director or his designee. The Board of Port Commissioners, Oakland, California, May 17, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Hamlin, Uno, Yee and President Calloway - 5. Excused: Commissioners Gordon & Head Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held June 7, 2012 by the following vote: Ayes: Commissioners Gordon, Hamlin, Head, Uno, Yee and President Gonzales 6 Excused: President Calloway 1 Noes: 0 Presid nt. Approved as to form and legality: () Secretary. Port Attorney Page 2 of

29 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING THE TERMS AND CONDITIONS AND AUTHORIZING THE EXECUTION OF AN AIRLINE OPERATING AGREEMENT AND AMENDMENT TO AIRLINE OPERATING AGREEMENT WITH TUI AIRLINES NEDERLIND B.V., DBA ARKEFLY. WHEREAS the Board of Port Commissioners ( Board ) has reviewed and evaluated the Agenda Report for Item 6.5, dated May 17, 2012 (herein the Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners ( Board ) of the City of Oakland as follows: Section 1. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 2. The Board hereby approves the terms and conditions of an Airline Operating Agreement and Amendment to Airline Operating Agreement with TUI AIRLINES NEDERLAND B.V., DBA ARKEFLY, to commence scheduled seasonal air service at Oakland International Airport, Oakland California, and authorizes execution of those agreements by the Executive Director or his designee, subject to the Port Attorney s approval as to form and legality of the agreements vl

30 2. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of an agreement(s) in accordance with the terms of this ordinance. Unless and until separate written agreement(s) are duly executed on behalf of the Board as authorized by this ordinance, are signed and approved as to form and legality by the Port Attorney, and are delivered to the other contracting party, there shall be no valid or effective agreement(s). The Board of Port Commissioners, Oakland, California, May 17, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Hamlin, Uno, Yee and President Calloway - 5. Excused: Commissioners Gordon & Head - Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held June 7, 2012 by the following vote: Ayes: Commissioners Gordon, Hamlin, Head, Uno, Yee and President Gonzales 6 Excused: President Calloway I Noes: 0 Attest Approved a to form and le ality: Port Att rney vl

31 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND ADOPTING AMENDMENTS TO PORT ORDINANCE 4091 ( AIRPORT RULES AND REGULATIONS ), SCHEDULE A AND SCHEDULE B, AS AMENDED, TO REVISE ALTERNATIVE FUEL AND MAXIMUM VEHICLE AGE REQUIREMENTS FOR TAXICABS AND ALL OTHER GROUND TRANS PORAT ION OPERATORS AND TO ADOPT A MONTHLY VEHICLE FEE. WHEREAS the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 6.6, dated May 17, 2012 (the Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board hereby approves and adopts amendments to Port Ordinance 4091 establishing Rules and Regulations for the use of Oakland International Airport ( OAK ), as amended, consistent with the Agenda Report. Section 2. The Board hereby approves and adopts the amendments to Schedule A and Schedule B to revise alternative fuel and maximum vehicle age requirements for taxicabs and all other ground transportation operators and to adopt a monthly vehicle fee, as set forth in the Agenda Report and attachments thereto. Section 3. The Board hereby delegates to the Director of Aviation the authority to approve by Airport Directive the specific text amendments to Ordinance 4091 necessary to implement the fee contemplated in the Agenda Report, subject to approval by the Port Attorney as to form and legality. Page 1 of

32 and in testimony received; findings set forth in the Agenda Report and in related agenda materials record and adopts and relies upon the facts, data, analysis, and Excused: President Calloway and President Gonzales Excused: Commissioners Gordon & Head 2. Commissioners Gonzales, Hamlin, Uno, Yee and President Calloway Secretary. Page 2 of Po At&ney Approved as to form and legality: Attes&\P)4/tLt C Pres7t. Noes: 0 Ayes: Commissioners Gordon, Hamlin, Head, Uno, Yee by the following vote: Adopted at a regular meeting held June 7, 2012 Secretary of the Board John T. Betterton Passed to print for one day by the following vote: Ayes: Noes: 0. The Board of Port Commissioners, Oakland, California, May 17, exercised its independent judgment based on substantial evidence in the Section 4. In acting upon this matter, the Board has

33 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THE SPACE/USE PERMIT WITH SMARTE CARTE, INC. WHEREAS the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 6.2, dated June 7, 2012 (the Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 2. The Board approves the terms and conditions of and authorizes the Executive Director, or his designee, to approve and execute the Space/Use Permit with SMART CARTE, Inc., as further detailed and explained in the Agenda Report and as approved by the Port Attorney as to form and legality. Page 1 of

34 1. Section 3. The approvals set forth in this ordinance be valid from the date of Board authorization, and that if the requested agreement is not fully executed by that date such approval shall be null and void unless further extended at the sole and absolute discretion of the Executive Director or his designee. The Board of Port Commissioners, Oakland, California, June 7, Passed to print for one day by the following vote: Ayes: Commissioners Gordon, Hamlin, Head, Uno, Yee and President Gonzales 6. Excused: President Calloway - Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held June 21, 2012 by the following vote: Ayes: Commissioners Gonzales, Hamlin, Head, Yee and President Calloway 5 Excused: Commissioners Gordon and Uno 2 Approved as to form and legality: AfteCYJ7JVy)CI Secretary. Port Attorne Page 2 of

35 v 1 amended to add one position of Chief Technology Officer. amended to delete one position of Information Technology Manager. BE IT ORDAINED by the Board of Port Commissioners of the City of therefore, and has provided opportunities for and taken public comment; now, has received the expert testimony of Port of Oakland ( Port ) staff, dated June 7, 2012 (the Agenda Report ) and related agenda materials, POSITION; AND, TO DELETE ONE INFORMATION TECHNOLOGY MANAGER POSITION. ANALYST III POSITIONS, AND ONE CHIEF TECHNOLOGY OFFICER CLASSIFICATIONS; TO ADD AND ALLOCATE TWO INFORMATION TECHNOLOGY BUSINESS ANALYST II, AND PROGRAM4ER ANALYST III TECHNOLOGY BUSINESS ANALYST II POSITIONS, TWO PROGRANMER WHEREAS the Board of Port Commissioners of the City of Oakland INFORMATION TECHNOLOGY BUSINESS ANALYST I, INFORMATION ORDINANCE AMENDING PORT ORDINANCE NO. 867 TO CREATE PORT ORDINANCE NO Section 1. Port Ordinance No. 867 is hereby amended to add the following section numbers, to create the referenced classifications Section 2. Section of Port Ordinance No. 867 is hereby Section 3. Section of Port Ordinance No. 867 is hereby Programmer Analyst III 527 No. Positions Title Schedule No. and to allocate and add positions: CITY OF OAKLAND ( Board ) has reviewed and evaluated the Agenda Report Item No. 6.6, Oakland as follows: Section No. of Salary or BOARD OF PORT COMMISSIONERS Business Analyst II Information Technology Information Technology Business Analyst I

36 1. Section 4. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. The Board of Port Commissioners, Oakland, California, June 7, Passed to print for one day by the following vote: Ayes: Commissioners Gordon, Hamlin, Head, Uno, Yee and President Gonzales 6. Excused: President Calloway - Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held June 21, 2012 by the following vote: Ayes: Commissioners Gonzales, Hamlin, Head, Yee and President Galloway 5 Excused: Commissioners Gordon and Uno 2 Noes: 0 Approved as to form and legality: Attest Secretary. Port Atorne v I

37 PORT ORDINANCE NO ORDINANCE APPROVING THE TERMS AND CONDITIONS OF THE SPACE/USE PERMIT WITH REVOLUTION FOODS, INC. GRANTING OCCUPANCY OF A PORTION OF 50 NEIL ARMSTRONG WAY. WHEREAS the Board of Port Commissioners of the City of Agenda Item 5.2, dated June 21, 2012 (the Agenda Report ) and related comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the Page 1 of and ratifies the Director of Aviation approval of a Space/Use Permit and as approved by the Port Attorney as to form and legality. Armstrong Way as further detailed and explained in the Agenda Report with REVOLUTION FOODS, INC. granting occupancy of a portion of 50 Neil Section 2. The Board approyes the terms and conditions of materials and in testimony received. exercised its independent judgment based on substantial evidence in findings set forth in the Agenda Report and in related agenda Section 1. In acting upon this matter, the Board has the record and adopts and relies upon the facts, data, analysis, and City of Oakland as follows: ( Port ) staff, and has provided opportunities for and taken public Oakland ( Board ) has reviewed and evaluated the Agenda Report for agenda materials, has received the expert testimony of Port of Oakland CITY OF OAKLAND BOARD OF PORT COMMISSIONERS

38 6. 1. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. The Board of Port Commissioners, Oakland, California, June 21, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Gordon, Hamlin, Head, Yee and President - Calloway Excused: Commissioner Uno - Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held July 12, 2012 by the following vote: Ayes: Commissioners Gonzales, Gordon, Hamlin, Head, Yee and President Calloway 6 Excused: Commissioner Uno 1 Noes: 0 reside t. Approved as to form and legality: Attek[ \ I Secretary. Port Attorney Page 2 of

39 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING 1) A RIGHT OF ENTRY AGREEMENT ( ROE ) WITH SAN FRANCISCO BAY AREA RAPID TRANSIT ( BART ) FOR ACCESS TO CONDUCT CONSTRUCTION OF AN EMERGENCY GENERATOR AROUND THE EXISTING VENT STRUCTURE AT TRAPAC TERMINAL, 2) AN EASEMENT AGREEMENT WITH BART AND 3) A SUPPLEMENTAL AGREEMENT WITH TRAPAC. WHEREAS, the Board of Port Commissioners (the Board ) has reviewed and evaluated the Agenda Report dated June 21, 2012, Item 6.3 ( Agenda Report ) and related materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore, BE IT ORDAINED by the Board as follows: Section 1. Based upon the entire record before the Board, including, without limitation, the Agenda Report, any exhibits attached thereto, any supplemental reports and/or exhibits to the Agenda Report, the exhibits attached to this Ordinance, and any oral information or other materials presented to the Board during its meeting of June 21, 2012, the Board hereby finds and determines as follows: a. That entering into (i) a proposed ROE with BART, (ii) the proposed Easement Agreement with BART and the granting of any easement to BART in connection with such Easement Agreement, and (iii) the Supplemental Agreement with Trapac are categorically exempt from the California Environmental Quality Act ( CEQA ) pursuant to Port CEQA Guidelines Section 15301(p), which exempts renewals, extensions or amendments to leases or license and concession agreements where the premises or licensed activity was previously leased or licensed to the same or another person, and involving negligible or no expansion of use beyond that previously existing; b. The California Legislature enacted a Statutory Exemption from CEQA for the BART Seismic Retrofit Project, and the proposed Easement Agreement and emergency generator is part of such BART Seismic Retrofit Project;

40 all c. Installation of an emergency generator and construction of related facilities around an existing BART ventilation structure does not represent a change in the project description of the PART Seismic Retrofit Project; and d. No further environmental analysis is required for the Board to take the action recommended in the Agenda Report. Section 2. The Board hereby approves and authorizes the Executive Director to enter into (i) an ROE with PART in substantially the same form as the Port has previously granted BART for the BART Seismic Retrofit Project and for a term of 12 months beginning on NovelniDer 1, 2012 and ending on November 1, 2013, (ii) an Easement Agreement with BART in substantially the form that is on file with the Director of Maritime for an emergency generator around an existing Vent Structure within the Maritime Area, and (iii) a supplemental agreement with Trapac amending the Trapac premises in a manner consistent with the PART easement agreement and no other material modifications to the Trapac Non-Exclusive Preferential Assignment Agreement dated for reference purposes as of July 15, 2008 as more fully set forth in the Agenda Report. Section 3. The Executive Director is hereby authorized to take such other actions as are necessary to implement the intent of this ordinance, all in consultation with and subject to the approval of the Port Attorney. Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of (i) an ROE with BART, (ii) an Easement Agreement in substantially the form attached as Exhibit A, and (iii) a Supplemental Agreement with Trapac, all in accordance with the terms of this ordinance. Unless and until separate written agreements are duly executed on behalf of the Board as authorized by this ordinance, are signed and approved as to form and legality by the Port Attorney, and are delivered to PART and Trapac (as the case may be), there shall be no valid or effective agreements

41 analysis, and findings set forth in the Agenda Report and in related materials and in testimony received. evidence in the record and adopts and relies upon the facts, data, Port Attorney i Approved as to form and legality: /t4/ Secretary. Attest and President Calloway Noes: 0 Excused: Commissioner Uno 1 6 Ayes: Commissioners Gonzales, Gordon, Hamlin, Head, Yee by the following vote: Adopted at a regular meeting held July 12, 2012 Secretary of the Board John T. Betterton Commissioners Gonzales, Gordon, Hamlin, Head, Yee and President Calloway - 6. Excused: Commissioner Uno - 1. Noes: Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, June 21, Board has exercised its independent judgment based on substantial Section 5. In acting upon the matters contained herein, the

42 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH SSA TERMINALS, LLC ( SSA TERMINALS ). WHEREAS, the Board of Port Commissioners ( Board ) has reviewed and evaluated the Agenda Report dated June 21, 2012, Item No. 6.4 ( Agenda Report ) and related materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore, BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. In acting upon the matters contained herein, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related materials and in testimony received. Section 2. The Board hereby approves and authorizes the Executive Director or his designee to approve and execute, for and on behalf of the Board, a License Agreement ( Agreement ) with SSA Terminals to install fiber optic cable between Howard and SSA Terminals. Section 3. The Board hereby considers the Addendum to the Adopted Maritime Utilities Project Initial Study/Negative Declaration, as further detailed and explained in the Agenda Report. Page 1 of vl

43 6. 1. Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to Licensee, there shall be no valid or effective Agreement. The Board of Port Commissioners, Oakland, California, June 21, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Gordon, Hamlin, Head, Yee and President Calloway Excused: Commissioner Uno Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held July 12, 2012 by the foliowng vote: Ayes: Commissioners Gonzales, Gordon, Hamlin, Head, Yee and President Calloway 6 Excused: Commissioner Uno I Noes: 0 Atte%/Ltj7 Secretary. Approved as to form and legality: Port At orne Page 2 of vl

44 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE AMENDING SECTION OF PORT ORDINANCE NO. 867, RELATING TO PAYMENT OF PUBLIC EMPLOYEES RETIREMENT SYSTEM CONTRIBUTIONS BY PORT EMPLOYEES IN UNIT H (SENIOR MANAGEMENT) HIRED BEFORE OCTOBER 1, WHEREAS, the Board of the Port Commissioners ( Board ) has reviewed and evaluated the Agenda Report dated June 21, 2012, Item 6.6 ( Agenda Report ) and related materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore, BE IT ORDAINED, by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Section of Port Ordinance No. 867 is hereby amended with the addition of the following sentence at the end of such section: Notwithstanding the payment provisions as set forth above, Employees in Unit H (Senior Management) hired before October 1, 2009 shall pay five percent (5%) of their earnings toward their California Public Employees Retirement System employee contributions for retirement and to do so through pre-tax payroll deductions, such contributions to start the first pay period after the effective date of this Ordinance v.1

45 5. 1. Section 2. In acting upon the matters contained herein, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, findings and conditions set forth in the Agenda Report and in related materials and in testimony received. The Board of Port Commissioners, Oakland, California, June 21, Passed to print for one day by the following vote: Ayes: Commissioners Gonzales, Gordon, Hamlin, Head, Yee and President Calloway Excused: Commissioner Uno Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held July 12, 2012 by the following vote: Ayes: Commissioners Gonzales, Gordon, Hamlin, Head, Yee and President Calloway 6 Excused: Commissioner Uno I Noes: 0 Sec tary. Approved as to form and legality: Port Attorney v.1

46 Section Oakland as follows: CITY OF OAKLAND BOARD OF PORT COMMISSIONERS public comment; now, therefore, execute said Agreement, and to enter into supplemental agreements with Section 3. The Executive Director is hereby authorized to Section 2. The Board hereby finds and determines that this requirements of the California Environmental Quality Act Guidelines project has been determined to be categorically exempt from Section 1. The Board hereby approves a Space/Use Permit the Agreement and approved by the Executive Director. Report, and upon such standard terms and conditions as specified in years, at the rate and terms and conditions as set forth in the Agenda retail concession at Oakland International Airport for a term of 3 acting by and through the Board, and NEW ZOOM, INC., doing business as ( Agreement ) between the CITY OF OAKLAND, a municipal corporation, Port of Oakland staff, and has provided opportunities for and taken Report ) and related materials, has received the expert testimony of and evaluated the Agenda Report dated July 12, 2012, Item 6.3 ( Agenda ORDINANCE APPROVING AND AUTHORIZING A SPACE/USE PERMIT WITH NEW ZOOM, INC., DOING BUSINESS AS ZOOMSYSTEMS, TO OPERATE A NON-EXCLUSIVE AUTOMATED SPECIALTY RETAIL CONCESSION AT OAKLAND INTERNATIONAL AIRPORT. WHEREAS the Board of Port Commissioners ( Board ) has reviewed BE IT ORDAINED by the Board of Port Commissioners of the City of ZoomSystems ( ZOOM ), to operate a non exclusive automated specialty Zoom to add locations under the same terms and conditions set forth in Board. This ordinance approves and authorizes the execution of said liability on the part of the Board or any officer or employee of the right, entitlement or property interest, or (b) any obligation or or constitute (a) a contract, agreement, lease or the grant of any Section 4. This ordinance is not evidence of and does not create the Agreement, subject to the Port Attorney s review and approval as to form and legality. PORT ORDINANCE NO. 4200

47 Section 5. In acting upon the matters contained herein, the there shall be no valid or effective Agreement. form and legality by the Port Attorney, and is delivered to Zoom, Board as authorized by this ordinance, is signed and approved as to Port ttorney Approved as to form d legality: Atte Noes: 0 and President Gonzales Excused: Commissioners Calloway, Gordon, and Uno 4 3 Ayes: Commissioners Hamlin, Head, Yee by the following vote: Adopted at a special meeting held July 26, 2012 Secretary of the Board John T. Betterton Commissioners Gonzales, Gordon, Hamlin, Yee and President Calloway 5. Excused: Commissioners Head and Uno Passed to print for one day by the following vote: Ayes: Noes: 0. The Board of Port Commissioners, Oakland, California, July 12, in related materials and in testimony received. analysis, findings and conditions set forth in the Agenda Report and evidence in the record and adopts and relies upon the facts, data, Board has exercised its independent judgment based on substantial until a separate written Agreement is duly executed on behalf of the Agreement in accordance with the terms of this ordinance. Unless and

48 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE AMENDING PORT ORDINANCE NO. 3634, AS AMENDED, RELATING TO LANDING AND TENANT TERMINAL SPACE RENTAL FEES AT METROPOLITAN OAKLAND INTERNATIONAL AIRPORT. WHEREAS the Board of Port Commissioners ( Board ) has reviewed and evaluated the Agenda Report Item 6.4, dated July 12, 2012 ( Agenda Report ) and related materials, has received the expert testimony of Port of Oakland and has provided opportunities for and taken public comment; now, therefore, staff, BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: In acting upon this matter, the Board has exercised independent judgment based on substantial evidence in the record and adopts and upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received; relies The charges for use of and the provision of Aviation Fuel at the Metropolitan Oakland International Airport were, established pursuant to Port Ordinance No adopted by the Board on April 3, 2001, and are hereby amended, consistent with the Agenda Report, as follows: facilities Section 1. Section 2 of Port Ordinance No is hereby amended to read in full as follows: Section 2. Except as provided in Sections 3, 5 and 7 of this ordinance, or by a written agreement between the Port and an Airline Operator, or as may be waived pursuant to a marketing incentive policy authorized by the Port such waiver is reflected in a written agreement between the Port and an Airline Operator, the following landing fees and operation charges are hereby established for each using the landing areas, including the helicopter landing areas, at the Airport: if aircraft a. (i) For Based Aircraft described in subsection (c) of this Section 2, and having a maximum gross landing weight of less than 12,500 pounds, the rate shall be $41.11 its

49 rate shall be $51.39 per landing until such Agreement has (ii) For other Aircraft having a maximum gross Aircraft. been signed and returned by the operator of such Based b hereof. mechanical or operating causes, or any other reason of landed by Certificated Airline Operators covered by Section emergency. The landing fee and operation charge for any 1,000 pounds of maximum gross landing weight per Aircraft Section 3. A landing fee shall not be assessed against without making a landing at any other airport, returns to land at the Airport because of meteorological conditions, Operators covered by Section 2c hereof and $2.06 for each weight per Aircraft landed by Certificated Airline at $1.64 for each 1,000 pounds of maximum gross landing by a Certificated Airline Operator are hereby established training and familiarization flights, of Aircraft operated other non-revenue Landing, including but not limited to any Aircraft which, after taking off from the Airport, and amended to read in full as follows: Section 2. Section 3 of Port Ordinance No is hereby has not signed and returned to the Port the Port s Airline subsection (c) shall not apply to any Airline Operator that pounds of maximum gross landing weight per Aircraft; a month to month basis, the rate shall be $3.29 per 1,000 of air cargo building space on the South Field on at least or that leases or licenses a minimum of 2,200 square feet area on the South Field on at least a month to-month basis, provided however, that effective October 1, 2012, this Operating Agreement. licenses a minimum of 20,000 square feet of land or ramp and from the Airport, or an Airline Operator that leases or Official Airline Guide as providing scheduled service to a Certificated Airline Operator that is listed in the c. For aircraft operated by a Based Tenant Operator, Aircraft, except as hereafter set forth in subsection (c) per 1,000 pounds of maximum gross landing weight per weight of more than 12,500 pounds, the rate shall be $4.11 of this Section 2. b. For Aircraft having a maximum gross landing subsection Cc) of this Section 2. be $51.39 per landing, except as hereafter set forth in landing weight of less than 12,500 pounds, the rate shall 2012, if the operator of such Based Aircraft has not signed and returned the Port s Airline Operacing Agreement, the per landing; provided, however, that effective October 1,

50 Common Airline Common Common Section 3. Section 10.1 of Port Ordinance No is hereby amended to read in full as follows: Section Except as otherwise provided by a written agreement between the Port and an Airline Operator, or as may be waived pursuant to a marketing incentive policy authorized by the Port if such waiver is reflected in a written agreement between the Port and an Airline Operator, the following charges for space rental or license of ticketing counters and related office, holding room and baggage area in the Terminal Buildings are hereby established: a. Ticketing counter space in Buildings M 101, M l02 and M 130, $l7.630 per square foot per month; b. Office space behind ticketing counters in Buildings M lol, M 102 and M 130 and office space in Buildings M 102, M 103, M l30, M 157, M 158, M 367, and XU7O, $ per square foot per month; c. Baggage claim area in Buildings M-101 and M-368, $ per square foot per month; and d. Baggage make up area in Buildings M 101, M 1 2, M 130 and M 363, $l2.342 per square foot per month. e. Ticket Counter Use Operators who lease or license any ticketing counter space on a per use basis to provide domestic or international scheduled or nonscheduled service to the Airport shall pay a use fee of $ per four hour use. Such leasing or licensing of the ticketing counter space by an Airline Operator shall make such Airline Operator a Based Tenant Operator under this Ordinance. f. Ticket Counter Use foot per month. g. Office Space Use foot per month; and Use, $8.815 per square Use, $7.934 per square h. Baggage Make-Up - foot per month Use, $6.l71 per square i. Concession storage space in Buildings M lol, M 102, M l03, M 130, M 367 and M 368, $3.085 per square foot per monthly. Section 4. Section 10.2 of Port Ordinance No is hereby amended to add the following:

51 baggage handled over or through such area and facilities. regardless of the number of such passengers who actually have their based on the number of passengers onboard Airline Operator s Aircraft facilities. Said fee as specified in Schedule A shall be charged flights from which baggage is handled over and through such area or conveyor facilities a fee for passengers deplaning at the Airport from the Terminal Buildings, and does not sign and return such signed by such Airline Operator, the charge to such Airline ending on the date the Port receives the Space/Use Permit Airline Operator s receipt of such Space/Use Permit, and Space/Use Permit within 60 days after its receipt of such Space/Use Permit, then commencing on the 61st day after returned the Port s Space/Use Permit covering its space in described in subsection (i) above has not signed and (ii) Effective October 1, 2012, if an Airline Operator operation. Hoidroom and Loading Bridge Charge charge: service to and from the Airport shall pay the following listed in the Official Airline Guide as providing scheduled ticketing unit and associated loading bridge gate and are below, Based Tenant Operators that are assigned the use of a (i) Except as otherwise provided in subsection (ii) a. Based Tenant Operator with Hoidroom as follows: preferential assignee. The fees for secondary use shall be use of said ticketing unit and associated loading bridge Manager shall have the right to secondarily assign any such seating areas in said second level. The Airport General right for assignee s passengers to use any of the common ticketing unit and associated loading bridge gate to another $41, per month for each ticketing unit and associated shall pay to the Port a second level use fee in the sum of Airline Operator, provided that such secondary assignee s (Building M-103) and Terminal II (Buildings M 130 and M 367) Section All Airline Operators who are preferentially assigned the use of a ticketing unit and associated loading loading bridge gate so assigned. Such assignment shall not bridge gate in the second level of the Airport s Terminal I include any specific seating areas, but shall include the gate does not unreasonably interfere with the use of the hereby amended to read in full as follows: Section 5. Section 10.10(a) (f) $ per enpianing of Port Ordinance No is to the Port for the use of the baggage claim area and the baggage All Airline Operators that are Based Tenant Operators shall pay

52 $1.90 $1.90 Operator under subsection (i) above shall be increased to $ per enpianing operation. b. Based Tenant Operator without Hoidroom Ci) Except as otherwise provided in subsection (ii) below, Based Tenant Operators who are not assigned the use of a ticketing unit and associated loading bridge gate and are listed in the Official Airline Guide as providing scheduled service to and from the Airport shall pay the following charge: Hoidroom and Loading Bridge Charge enpianing passenger. per (ii) Effective October 1, 2012, if an Airline Operator described in subsection (i) above has not signed and returned the Port s Space/Use Permit covering its right to use space in the Terminal Buildings, and does not sign and return such Space/Use Permit within 60 days after its receipt of such Space/Use Permit, then commencing on the 61st day after Airline Operator s receipt of such Space/Use Permit, and ending on the date the Port receives the Space/Use Permit signed by such Airline Operator, the charge to such Airline Operator under subsection (i) above shall be increased to $2.38 per enpianing passenger. c. Affiliated Operator Ci) Except as otherwise provided in subsection (ii) below, Airline Operators who are affiliated with a Based Tenant Operator and are listed in the Official Airline Guide as providing scheduled service to and from the Airport shall pay the following charge: Holdroom and Loading Bridge Charge passenger. per enpianing (ii) Effective October 1, 2012, if an Airline Operator described in subsection (i) above has not signed and returned the Port s Space/Use Permit covering its space in the Terminal Buildings, and does not sign and return such Space/Use Permit within 60 days after its receipt of such Space/Use Permit, then commencing on the 61st day after Airline Operator s receipt of such Space/Use Permit, and ending on the date the Port receives the Space/Use Permit signed by such Airline Operator, the charge to such Airline Operator under subsection Ci) above shall be increased to $2.38 per enplaning passenger. d. Affiliated Operator using Small Aircraft

53 Hoidroom Charge - Tenant Operator and are listed in the Official Guide as $1.53 per enpianing passenger. charge: loading bridge provided by the Port shall pay the following utilizing Aircraft that are too small to be serviced with a providing scheduled service to and from the Airport reason of the gate being temporarily inoperable, and if in such event loading bridge gate in said second level of Building M-103, Building said preferential assignee is required to use another ticketing unit and ticketing unit and loading bridge gate preferentially assigned to it by In the event a preferential assignee is unable to use the be assessed a secondary use charge. and foreign operators of U.S. registered Aircraft shall not not use the Terminal Buildings and are not subject to the domestic operators or 14 CFR 129 for foreign air carriers Airplane Operator Security requirements of 14 CFR 108 for f. Non-Terminal Operator - Airline Operators who do passenger Baggage Claim Area $1.61 per deplaning Security Fee $40.00 per enplaning operation passenger Bridge Charge $2.38 per enpianing Holdroom & Loading passenger Terminal Use Fee $3.67 per enpianing and from the Airport shall pay the following charge: the Official Airline Guide as providing scheduled service to who are not a Based Tenant Operator and are not listed in e. Non-Based, Non-Tenant Operator Airline Operators to such Airline Operator under subsection Ci) above shall be Space/Use Permit signed by such Airline Operator, the charge 61st day after Airline Operator s receipt of such Space/Use Permit, and ending on the date the Port receives the return such Space/Use Permit within 60 days after its use space in the Terminal Buildings, and does not sign and returned the Port s Space/Use Permit covering its right to described in subsection (i) above has not signed and increased to $1.91 per enplaning passenger. (ii) Effective October 1, 2012, if an Airline Operator receipt of such Space/Use Permit, then commencing on the below, Airline Operators who are affiliated with a Based (i) Except as otherwise provided in subsection (ii)

54 For the purpose of this Section 10.10, a preferential and Terminal II (M-130 and M-367) on a month to- month basis, together bridge gate in the said second level of the Airport Terminal I (M 103) nonexclusive use of a certain ticketing unit and associated loading assignment shall give the assignee the right to a preferential other terminal tenants. effective October 1, 2012, for non based airlines, ground handlers and 1, 2012 for airlines belonging to the Airline Affairs Committee and Section 7. Section 1 S of this Ordinance shall be effective July Section 6. The Board of Port Commissioners hereby finds and Section 21080(b) (8) and Title 14 of the California Code of Regulations Sections and 15061(b) (3) California Environmental Quality Act pursuant to Public Resources Code 1 5 of this ordinance is exempt from the requirements of the determines that the imposition of the changes referred to in Sections right to utilize for its passengers using said unit and gate, the common said second level for a period specified, such right being subordinate seating areas in said second level. Except as hereinabove specifically the common seating areas in said second level. For the purposes of this Section 10.10, a secondary assignment shall give the assignee the right to secondary use of a certain ticketing unit and loading bridge gate in to the prior rights of the preferential assignee, together with the provided, secondary assignments of said second level ticketing units and loading bridge gates shall not make the Airline Operator receiving such with the right to utilize for its passengers using said unit and gate, secondary assignments a Based Tenant Operator. assessed an additional secondary use fee for such use. M 130 and Building M 367, sa.id preferential assignee shall not be

55 deplaning in Terminal 1) Airlines, allocated by passengers Allocation Terminal 1 (Shared by all Terminal 1 $288, Monthly BAGGAGE CONVEYOR FACILITIES Port Attørney // Approved as to form and legality: Secretary. Noes: 0 Excused: Commissioners Calloway, Gordon, and Uno and President Gonzales 4 3 Ayes: Commissioners Hamlin, Head, Yee by the following vote: Adopted at a special meeting held July 26, 2012 Secretary of the Board John T. Betterton 5. Excused: Commissioners Head and Uno 2. Commissioners Gonzales, Gordon, Hamlin, Yee and President Calloway Passed to print for one day by the following vote: Ayes: Noes: 0. The Board of Port Commissioners, Oaklad, California, July 12, deplaning in Terminal 2) Airlines, allocated by passengers Allocation Terminal 2 (Shared by all Terminal 2 $219, Monthly Schedule A

56 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE AUTHORIZING AND APPROVING AN EASEMENT AGREEMENT WITH PACIFIC GAS & ELECTRIC COMPANY FOR A NATURAL GAS PIPELINE REPLACEMENT AT HOWARD TERMINAL. WHEREAS, Pacific Gas & Electric Company ( PG&E ) is in the process of relocating and replacing its natural gas pipelines i.n the areas of Embarcadero Street, Market Street, and Brush Street near Howard Terminal; and WHEREAS, at Port of Oakland ( Port ) staff s request, PG&E will place a portion of the relocated pipeline across a portion of a parking lot within the boundaries of Howard Terminal, all as described in that certain Agenda Report for Item 6.1 ( Agenda Report ) of the July 26, 2012 Special Meeting of the Board of Port Commissioners ( Board ); and WHEREAS, in order to complete the installation of such pipeline within Howard Terminal, the Port will need to grant a utility easement to PG&E; and WHEREAS, Port staff proposes entering into a utility easement agreement in substantially the form attached to the Agenda Report; now, therefore, BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. Based upon all the facts and information before it, including, without limitation, the Agenda Report, oral reports made during such Special Meeting, and other evidence presented at or in connection with such Special Meeting, the Board hereby finds and declares as follows: a. Granting an easement to PG&E to stage equipment and construct a replacement pipeline under a parking lot located within the boundaries of Howard Terminal has been determined to be categorically exempt from the vl

57 requirements of the California Environmental Quality Act ( CEQA ), pursuant to the Port CEQA Guidelines and the State CEQA Guidelines. b. Section 15301(p) of the Port CEQA Guidelines, which exempts the execution of leases or license agreements where the premises or licensed activity was previously leased or licensed to the same or another person, involving negligible or no expansion of use beyond that previously existing. Granting an easement to PG&E meets the criteria for this exemption because the construction of the replacement natural gas pipeline does not expand the use of previously existing line. c. Section 15301(b) of the State CEQA Guidelines specifically exempts publicly owned utilities from the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency s determination. d. Pursuant to General Order No. 112 E (State of California Rules Governing Design, Construction, Operation, and Maintenance of Gas Gathering, Transmission, and Distribution Piping Systems), no discretionary permit is needed for PG&E to repair and replace existing pipeline facilities under California Public Utilities Commission ( CPUC ) jurisdiction. Since the CPUC has preempted the field of gas pipeline repair by public utilities, no local discretionary permit can be required. There is no other state discretionary permit required for this work, and therefore, there is no discretionary approval that would trigger CEQA review for this project. Section 2. The Board hereby authorizes the Executive Director or his designee to enter into an easement with PG&E for the construction, installation, repair, maintenance, replacement, and operation of a natural gas pipeline beneath a portion of Howard Terminal; provided that, such easement shall be in substantially the form attached to the Agenda Report. Section 3. The Board further authorizes the Executive Director to make such further modifications to such easement and to take such other actions as are necessary to complete and record such easement as the Executive Director deems appropriate, after consultation with the Port Attorney or her designee, and provided that such modifications and other actions are in the best interests of the Port and consistent with existing Port policies and practices v1

58 approves and authorizes the execution of an agreement in accordance agreement is duly executed on behalf of the Board as authorized by with the terms of this resolution. Unless and until a separate written Passed to print for one day by the following vote: Ayes: Excused: Commissioners Hamlin, Head, Yee and President Gonzales Commissioners Calloway, Gordon and Uno - 3. The Board of Port Commissioners, Oakland, California, July 26, Noes: Adopted at a special meeting held August 16, 2012 by the following vote: Ayes: Commissioners Butner, Head, Parker, Uno, Yee and President Gonzales 6 Excused: Commissioner Hamlin 2 Approved as to form and legality: Attest C Secretary. Port AttoIney vl esident Secretary of the Board John T. Betterton shall be no valid or effective agreement. Port Attorney, and is delivered to the other contracting party, there this resolution, is signed and approved as to form and legality by the or constitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This resolution Section 4. This ordinance is not evidence of and does not create

59 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A GRANT OF EASEMENT TO THE EAST BAY MUNICIPAL UTILITY DISTRICT ( EBMUD ). WHEREAS the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 5.1, dated September 20, 2012 (the Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 2. The Board hereby finds and determines that it is in the best interest of the Port to approve and authorize the Executive Director of the Port or his designee to execute the Grant of Easement to the East Bay Municipal Utility District ( EBMUD ) for water transmission lines running through a portion of Ron Cowan Parkway ( Grant of Easement ) as more fully described in the Agenda Report. Section 3. The Board hereby finds and determines that the Grant of Easement is exempt from the environmental review requirement pursuant to the California Environmental Quality Act ( CEQA ) Guidelines

60 7. Section 4. This ordinance approves and authorizes the execution of an easement in accordance with the terms of this ordinance. Unless and until a separate written instrument is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is recorded on title, there shall be no valid or effective easement. The Board of Port Commissioners, Oakland, California, September 20, Passed to print for one day by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales - Noes: 0. John T. Betterton Secretary of the Board Adopted at a regu ar meeting held October 18, 2012 by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales 7 Noes: 0 / resident. Approved as to form and legality: Attest: I) Secretary. Port Atthrney

61 7. BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE AMENDING THE BY-LAWS AND ADMINISTRATIVE RULES OF THE BOARD OF PORT COMMISSIONERS. WHEREAS, the Board of Port Commissioners ( Board ) has reviewed and evaluated the Agenda Report dated October 4, 2012, Item 4.1 ( Agenda Report ) and related materials, has received the expert testimony of Port staff, and has provided opportunities for and taken public comment; now, therefore, BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board hereby approves the revisions to By-Laws and Administrative Rules of the Board of Port Commissioners, as reflected in the attachment to the Agenda Report. Section 2. In acting upon the matters contained herein, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, findings and conditions set forth in the Agenda Report and in related materials and in testimony received. The Board of Port Commissioners, Oakland, California, October 4, Passed to print for one day by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held October 18, 2012 by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, UYee and President Gonzales 7 Noes: 0 Attest: Approved as to form and egality: 4 IJ j Secretary. Port tto cy vl

62 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING THE TERMS AND CONDITIONS AND AUTHORIZING THE EXECUTION OF A FIFTH SUPPLEMENTAL LEASE AGREEMENT TO GROUND LEASE WITH UNITED STATES OF AMERICA, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION ( FAA ). WHEREAS, the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 6.1, dated October 4, 2012 ( Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board hereby approves the terms and conditions of the Fifth Supplemental Lease Agreement to Ground Lease ( Amendment ) with the United States of America, Department of Transportation, Federal Aviation Administration ( FAA ) to extend lease term for five years, at 1029 Grumman Street (Building L 827,) North, Oakland International Airport, as more fully described in the Agenda Report. Section 2. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received. Section 3. The Executive Director is hereby authorized to execute said Amendment subject to the Port Attorney s approval as to form and legality

63 7. Section 4. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Agreement in accordance with the terms of this ordinance. Unless and until a separate written Agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to Lessee, there shall be no valid or effective Agreement. The Board of Port Commissioners, Oakland, California, October 4, Passed to print for one day by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held October 18, 2012 by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales 7 Noes: 0 esident. Approved as to form and legality: /h44 Port Attorney Attest: C U Secretary

64 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING A LICENSE AND COMCESSION AGREEMENT WITH BROTZEIT-LOKAL, LLC FOR THE PREMISES LOCATED AT 1000 EMBARCADERO, OAKLAND, CALIFORNIA WITH A MONTHLY RENTAL REVENUE OF $215,566. WHEREAS, the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 6.2, dated October 4, 2012 ( Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board hereby approves the terms and conditions of the License and Concession Agreement ( Agreement ) with Brotzeit-Lokal, LLC for the premises located at 1000 Embarcadero, Oakland California as more fully described in the Agenda Report. Section 2. The Executive Director or his designee is hereby authorized to approve and execute said Agreement and such other agreements as may be appropriate to consummate this transaction, subject to the Port Attorney s approval as to form and legality, and that the approval be valid for no longer than 120 days from the date of Board authorization, and that if the subject agreements are not fully executed by that date such approval shall be null and void unless further extended at the sole and absolute discretion of the Executive Director or his designee. Section 3. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received

65 behalf of the Board as authorized by this ordinance, is signed and Unless and until a separate written Agreement is duly executed on on the part of the Board or any officer or employee of the Board. and President Gonzales 6. Recused: Commissioner Butner - 1 Noes: Port ttorney /LAe4 Approved as to for and legality: creta. Attest: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee Noes: 0 by the following vote: Adopted at a regular meeting held October 18, 2012 Secretary of the Board John T. Betterton Commissioners Hamlin, Head, Parker, Uno, Yee and President Gonzales Passed to print for one day by the following vote: Ayes: The Board of Port Commissioners, Oakland, California, October 4, delivered to Lessee, there shall be no valid or effective Agreement. approved as to form and legality by the Port Attorney, and is create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability Section 4. This ordinance is not evidence of and does not

66 buakl) UI- F UKI UMMIIUNIZK CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE RATIFIYING EXECUTION OF THE SECOND AMENDMENT TO UTILITY AND JANITORIAL AGREEMENT WITH THE UNITED STATES OF AMERICA, ACTING THROUGH THE TRANSPORTATION SECURITY ADMINISTRATION AT OAKL?ND INTERNATIONAL AIRPORT ( TSA ). WHEREAS, the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 5.6, dated October 18, 2012 ( Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board hereby ratifies the execution of the Second Amendment to Utility and Janitorial Agreement ( Amendment ) with the United States of America, acting through the Transportation Security Administration ( TSA ) at Oakland International Airport, as more fully described in the Agenda Report. Section 2. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in related agenda materials and in testimony received

67 7. Section 3. This ordinance is not evidence of and does not create or constitute (a) a contract, Lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. The Board of Port Commissioners, Oakland, California, October 18, Passed to print for one day by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held November 1, 2012 by the following vote: Ayes: Commissioners Butner, Hamlin, Parker, Uno, Yee and President Gonzales 6 Excused: Commissioner Head 1 Noes: 0 Afte Approved as to form and le ality: Port Attorrèy

68 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING SPACE/USE PERMITS WITH BANK OF AMERICA, N.A., PACIFIC RIM ASSET ALLOCATION DOING BUSINESS AS BAY ATM AND WELLS FARGO BANK, N.A., FOR THE INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES AT OAKLAND INTERNATIONAL AIRPORT. WHEREAS, the Board of Port Commissioners ( Board ) has reviewed and evaluated the Agenda Report dated October 18, 2012, Item 5.5 ( Agenda Report ) and related materials, has received the expert testimony of Port of Oakland ( Port ) staff, and has provided opportunities for and taken public comment; now, therefore, BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board hereby approves Space/Use Permits ( Agreement ) between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and BANK OF AMERICA, N.A., PACIFIC RIM ASSET ALLOCATION doing business as BAY ATM and WELLS FARGO BANK, N.A., ( Permittees ) for the installation and operation of automated teller machines (ATMs) at Oakland International Airport for a term of 5 years commencing October 1, 2012, at the rate and terms and conditions as set forth in the Agenda Report, and upon such standard terms and conditions as specified in the Agreement and approved by the Executive Director, subject to the Port Attorney s review and approval as to form and legality. Section 2. The Board hereby finds and determines that this project has been determined to be categorically exempt from requirements of the California Environmental Quality Act Guidelines Section Section 3. The Executive Director is hereby authorized (1) to execute said Agreements, and (2) to enter into substantially similar agreements with other financial instituations

69 7. Section 4. The Director of Aviation is hereby authorized (1) to supplement any Agreement to add locations under the same terms and conditions set forth in the Agreement, and (2) to accept any request for extension for an additional five years as provided in the Agreement. Section 5. This ordinance is not evidence of and does not create or constitute (a) a contract, agreement, lease or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. This ordinance approves and authorizes the execution of said Agreements in accordance with the terms of this ordinance. Unless and until separate written Agreements are duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to Permittees, there shall be no valid or effective Agreements. Section 6. In acting upon the matters contained herein, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, findings and conditions set forth in the Agenda Report and in related materials and in testimony received. The Board of Port Commissioners, Oakland, California, October 18, Passed to print for one day by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held November 1,2012 by the following vote: Ayes: Commissioners Butner, Hamlin, Parker, Uno, Yee and President Gonzales 6 Excused: Commissioner Head 1 Noes: 0 President. Approved as to form and I ality: Attest Secretary. Port Atto(ney

70 BOARD OF PORT COMMISSIONERS CITY OF OAKLAND PORT ORDINANCE NO ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF A TELECOMMUNICATIONS LICENSE AGREEMENT AND AMENDMENT TO TELECOMMUNICATIONS LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC DOING BUSINESS AS AT&T MOBILITY, LOCATED AT HANGAR 3, BUILDING L 310 EAST, NORTH FIELD, OAKLAND INTERNATIONAL AIRPORT, OAKLAND, CALIFORNIA. WHEREAS, the Board of Port Commissioners of the City of Oakland ( Board ) has reviewed and evaluated the Agenda Report for Agenda Item 5.7, dated October 18, 2012 ( Agenda Report ) and related agenda materials, has received the expert testimony of Port of Oakland ( Port )staff, and has provided opportunities for and taken public comment; now, therefore BE IT ORDAINED by the Board as follows: Section 1. The Board hereby approves a Telecommunications License Agreement ( Agreement ) and an Amendment to Telecommunications License Agreement ( Amendment ) between the CITY OF OAKLAND, a municipal corporation, acting by and through the Board, and NEW CINGULAR WIRELESS PCS, LLC doing business as AT&T MOBILITY, a Delaware limited liability company, upon the terms and conditions set forth in the Agenda Report and hereby authorizes the Executive Director of the Port ( Executive Director ), or his designee, to approve and execute the Agreement and the Amendment subject to the approval of the Port Attorney as to form and legality. Section 2. The Board hereby finds and determines that this project has been determined to be categorically exempt from requirements of the California Environmental Quality Act. Section 4. In acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in tne Agenda Report and in related agenda materials and in testimony received. Page 1 of v5

71 7. Section 5. This ordinance is not evidence of and does not create or constitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Board. Unless and until a separate written agreement is duly executed on behalf of the Board as authorized by this ordinance, is signed and approved as to form and legality by the Port Attorney, and is delivered to other contracting party, there shall be no valid or effective agreement. The Board of Port Commissioners, Oakland, California, October 18, Passed to print for one day by the following vote: Ayes: Commissioners Butner, Hamlin, Head, Parker, Uno, Yee and President Gonzales Noes: 0. John T. Betterton Secretary of the Board Adopted at a regular meeting held November 1,2012 by the following vote: Ayes: Commissioners Butner, Hamlin, Parker, Uno, Yee and President Gonzales 6 Excused: Commissioner Head 1 Noes: 0 Approved as to form 4and egality: Port Atto ney 4esidt. Attes TiI}At\L/\ Secretary. Page2of v5