ARRA Resolution 51ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
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 Service 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
(ARRA) to WETA; and
WHEREAS, in furtherance of City's and WETA's mutual desire to enhance
WETA'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 Secretary 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 environment and,
therefore, is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA
Guidelines.
NOW, THEREFORE, THE GOVERNING BOARD DOES RESOLVE AS
FOLLOWS:
Section 1. The Governing Board hereby approves and authorizes the
Interim Executive Director to further negotiate and execute a Ferry Service
Operations Transfer Agreement (Agreement), subject to such clarifying changes
and additions approved by the Interim Executive Director and General Counsel,
including any changes or additions to schedules, exhibits and attachments
thereto, determined by the Interim Executive Director and General Counsel to be
consistent with the Transition Plan and the form of Agreement on file in the City
Clerk's office.
Section 2. Upon execution of the Agreement, the Secretary of the
ARRA 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 Governing Board of the Alameda Reuse and
Redevelopment Authority of the City of Alameda during the Regular Meeting of the City
Council on the 5th day of October, 2010, by the following vote to wit:
AYES: Boardmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 6th day of October, 2010.
Glidden, Secretary
Alameda Reuse and Redevelopment Authority