Resolution 13203CITY OF ALAMEDA RESOLUTION NO. 1 3 2 0 3
AUTHORIZING AN EXCHANGE OF FUNDS FROM TEA 21
STP/CMAQ TO UNUSED COUNTY SHARE OF ISTEA, TEA
AND PROPOSITION 116 FUNDS FOR HARBOR BAY
EXPRESS II REPAIR PROJECT AND APPROVING
CONDITIONS OF USE OF HARBOR BAY EXPRESS II
SETTLEMENT MONEY
WHEREAS, in 1992, the City of Alameda received $1.1 million in State Proposition
116 Funds to purchase a high speed catamaran for the East End Ferry Service; and
WHEREAS, in 1994, the City purchased the Harbor Bay Express II ( "Express II ")
from USA Catamarans, Inc., which was subsequently taken out of service due to its inability to
perform on a reliable basis; and
WHEREAS, the City of Alameda sued the manufacturer of the Express II for breach
of contract, and on May 29, 1999, a judgment was entered in favor of the City of Alameda and
damages were awarded to the City; and
WHEREAS, in 1998, the City of Alameda applied for and received approval for
$575,000 in TEA -21 STP /CMAQ funds to repair the Express II; and
WHEREAS, the Alameda County Congestion Management Agency (ACCMA) has
requested that the City of Alameda consider an exchange of funds for the Express II repair project,
substituting TEA -21 monies for older ISTEA funding; and
WHEREAS, in return for this exchange of funds, ACCMA agreed to provide
Alameda an additional $22,000 in federal funds for the Express II repair project, as well as to
reprogram an additional $125,000 in future year TEA -21 funds for the future Encinal ferry
refurbishment project; and
WHEREAS, in February, 2000, the California Transportation Commission (CTC)
reprogrammed the TEA -21 funds that had previously been approved for this project, thereby
necessitating the proposed exchange of funds; and
W.FI I E' S, in February 2000, the California Transportation Commission requested
the City of Alameda adopt a resolution restricting any monies recovered from the Harbor Bay
Express II litigation to be used for ferry purposes.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda authorizes an exchange of funds from TEA 21 STP /CMAQ to unused County Share of
ISTEA, TEA and Proposition 116 Funds for the Harbor Bay Express II repair project; and
BE IT FURTHER RESOLVED that the City Council of the City of Alameda
approves conditions of use of Harbor Bay Express II settlement money as follows:
Harbor Bay Express II settlement funds which are in excess of costs and actual
damages (fees and costs of litigation and collection, costs of City and City agent
repairs, and costs of providing alternative ferry service while ferry was disabled) up
to the value of the original Proposition 116 grant ($1.1 million) shall be committed
to ferry purposes. Ferry purposes are defined to include any and all capital and
operating expenses necessary to establish, operate, maintain, and upgrade City of
Alameda ferry service; and
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a
certified copy of this resolution to the California Transportation Commission and the Alameda
County Congestion Management Agency.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in regular meeting assembled on
the 4th day of April , 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES:
ABSENT:
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 5th day of April , 2000.
Dime Felsch, City Clerk
City of Alameda