Resolution 14473CITY OF ALAMEDA RESOLUTION NO. 14473
AUTHORIZING THE INTERIM CITY MANAGER TO APPLY
FOR REGIONAL MEASURE 2 BRIDGE TOLL FUNDS FOR
THE OPERATING SUBSIDY AND CAPITAL PROJECTS
FOR THE CITY OF ALAMEDA FERRY SERVICES
WHEREAS, SB 916 (Chapter 715, Statutes 2004), commonly referred as
Regional Measure 2 (RIM), identified projects eligible to receive funding under the
Regional Traffic Relief Plan; and
WHEREAS, the Metropolitan Transportation Commission (MTC) is
responsible for funding projects eligible for RM2 funds, pursuant to Streets and
Highways Code Section 30914(c) and (d); and
WHEREAS, MTC has established a process whereby eligible transportation
project sponsors may submit allocation requests for RM2 funding; and
WHEREAS, allocations to MTC must be submitted consistent with
procedures and conditions as outlined in RM2 Policy and Procedures; and
WHEREAS, the City of Alameda, with the concurrence of San Francisco
Bay Area Water Emergency Transportation Authority (VVETA), is an eligible
sponsor of transportation projects in RM2, Regional Traffic Relief Plan funds; and
WHEREAS, the Alameda/Oakland Ferry Service (AOFS) and the Alameda
Harbor Bay Ferry (AHBF) services are eligible for consideration in the Regional
Traffic Relief Plan of RM2, as identified in California Streets and Highways Code
Section 30914(c) and (d); and
NOW, THEREFORE, BE IT RESOLVED that the City of Alameda and its
agents shall comply with the provisions of the MTC's RM2 Policy Guidance (MTC
Resolution No. 3636).
BE IT FURTHER RESOLVED that the City of Alameda, with WETA
concurrence, is authorized to submit an application for RM2 funds for AOFS and
AHBF services in accordance with California Streets and Highways Code
30914(d).
BE IT FURTHER RESOLVED that the City of Alameda certifies that the
projects and purposes for which RM2 funds are being requested are in compliance
with the requirements of the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.), State Environmental Impact Report
Guidelines (14 California Code of Regulations Section 150000 et seq.) and, if
relevant the National Environmental Policy Act, 42 USC Section 4-1 et seq. and
the applicable regulations thereunder.
BE IT FURTHER RESOLVED that there is no legal impediment to the City
of Alameda making allocation requests for RM2 funds.
BE IT FURTHER RESOLVED that there is no pending or threatened
litigation which might in any way adversely affect the proposed project, or the
ability of the City of Alameda to deliver such project.
BE IT FURTHER RESOLVED that the City of Alameda agrees to comply
with the requirements of MTC's Transit Coordination Implementation Plan as set
forth in MTC Resolution 3866.
BE IT FUTTHER RESOLVED that the City of Alameda indemnifies and
holds harmless MTC, its Commissioners, representatives, agents, and employees
from and against all claims, injury, suits, demands, liability, losses, damages, and
expenses, whether direct or indirect (including any and all costs and expenses in
connection therewith), incurred by reason of any act or failure to act of the City of
Alameda, its officers, employees or agents, or subcontractors or any of them in
connection with its performance of services under this allocation of RM2 funds. In
addition to any other remedy authorized by law, so much of the funding due under
this allocation of RM2 funds as shall reasonably be considered necessary by MTC
may be retained until disposition has been made of any claim for damages.
BE IT FURTHER RESOLVED that the City of Alameda shall, if any
revenues or profits from any non-governmental use of property (or project) that
those revenues or profits shall be used exclusively for the public transportation
services for which the project was initially approved, either for capital
improvements or maintenance and operational costs, otherwise the MTC is
entitled to a proportionate share equal to MTC's percentage participation in the
projects(s); and be it further
BE IT FURTHER RESOLVED that the City of Alameda authorizes its
Interim City Manager or her designee to execute and submit an allocation request
with MTC for FY10-11 RM2 funds in the amount of $440,000 for the project,
purposes, and amounts included in the project application attached to this
resolution.
BE IT FURTHER RESOLVED that a certified copy of this resolution shall be
transmitted to MTC by the City Clerk in conjunction with the filing of the City of
Alameda's application referenced herein.
1, 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 20th day of July, 2010, by the following vote to wit:
AYES: Councilmembers 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 21st day of July, 2010.
Lara Weisiger, City le
City of Alameda