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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