Resolution 14498CITY OF ALAMEDA RESOLUTION NO.
APPROVING AND AUTHORIZING EXECUTION OF THE
FERRY SERVICE OPERATIONS TRANSFER AGREEMENT
WHEREAS, the San Francisco Bay Area Water Emergency
Transportation Authority (WETA) was established pursuant to California Senate
Bill 976, as amended by Senate Bill 1093, codified as the San Francisco Bay
Area Water Emergency Transportation Response and Disaster Recovery Act,
California Government Code sections 66540 et. seq. (as so amended, Act)
which authorized the consolidation of San Francisco regional ferry services; and
WHEREAS, the Act authorized implementation of the transition of the
Alameda /Oakland Ferry Service and the Alameda/Harbor Bay Ferry
from the City of Alameda (City) to WETA through the transfer and lease (or
alternative property rights transfer arrangements) to WETA of City's assets
used in operating the Alameda /Oakland Ferry Service and the Alameda /Harbor
Bay Ferry Service (Transition); and
WHEREAS, in furtherance of the Transition, WETA approved a
Transition Plan in June 2009, which received input from City and other relevant
agencies; and
WHEREAS, since adoption of the Transition Plan, WETA and City have
negotiated cooperatively towards refining the terms, conditions, and covenants
of an agreement to provide for the Transition in order to provide for the direct
transfer of certain personal property and assignment of certain rights and
obligations from City and the Alameda Reuse and Redevelopment Authority to
WETA; and
WHEREAS, in furtherance of City's and WETA's mutual desire to
enhance WIIETA's ability to continue to provide high quality ferry service for the
benefit of the citizens of and visitors to City and the region, the City and WETA
have prepared and the City wishes to enter into a Ferry Service Operations
Transfer Agreement substantially in the form on file with the City Clerk's office
and incorporated herein (Agreement); and
WHEREAS, the Agreement is an activity covered by the general rule that
the California Environmental Quality Act (CEQA) applies only to projects which
have the potential for causing a significant effect on the and,
therefore, is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA
Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES RESOLVE AS FOLLOWS:
Section 1. The City Council hereby approves and authorizes the
interim City Manager to further negotiate and execute a Ferry Service
Operations Transfer Agreement substantially in the form on file with the City
Clerk's office and incorporated herein (Agreement), subject to such clarifying
changes and additions approved by the Interim City Manager and City Attorney,
including any changes or additions to schedules, exhibits and attachments
thereto, determined by the Interim City Manager and City Attorney to be
consistent with' the Transition Plan and the form of Agreement on file with the
City Clerk and, following full execution of the Agreement, to execute such
further documents and take such further actions as may be necessary to
consummate the transaction contemplated by the Agreement.
Section 2. Upon execution of the Agreement, the City Clerk of the City
of Alameda is hereby directed to file a Notice of Exemption with the County
Clerk of the County of Alameda pursuant to the provisions of Section 15062 of
the CEQA Guidelines.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 5th day of October, 2010, by the followin g vote to wit:
AYES: Councilrrembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 6th day of October, 2010.
Lara Weisiger, erk
City of Alameda