Resolution 14474pillroved as t*,
CITY OF ALAMEDA RESOLUTION NO.14 41 '1-
RESOLUTION OF INTENTION TO TRANSFER THE
AL A EDAIOAKLAND AND HARBOR BAY FERRY SERVICES TO THE
SAN FRANCISCO BAY AREA WATER EMERGENCY
TRANSPORTATION AUTHORITY
WHEREAS, Senate Bill 976 (Stats, 2007, Ch. 734) ( "SB 976') laid the
groundwork for transitioning local ferry operating systems from the City of
Alameda ( "City ") and the City of Vallejo ( "Vallejo'') to the San Francisco Bay
Area Water Emergency Transportation Authority ("WETA"); and
WHEREAS, SB 976 amended Section 30914 of the Streets and
Highways Code to specify that funds made available from the 1988 voter -
approved toll increase for rapid transit systems, which have historically been
allocated to the City to support the Alameda /Oakland Ferry Service (AOFS) and
the Alameda Harbor Bay Ferry (AHBF) and to Vallejo to support the Bay ink
ferry service, shall be allocated to WETA to support planning, construction,
operation, and acquisition of rapid water transit systems; and
WHEREAS, SB 976 further amended Section 30914 of the Streets and
Highways Code to consolidate all ferry transit operating funds made available
under this section, including funds available to support the AOFS and AHBF
services, to be allocated to WETA; and
WHEREAS, the Metropolitan Transportation Commission ('Commission ")
is the governmental agency vested with the authority to allocate funds provided
under Section 30914 of the Streets and Highways Code to eligible local entities;
and
WHEREAS, WETA, pursuant to Government Code Section 66540.32(b),
with input and concurrence from the City and Vallejo, has developed and
adopted a transition plan for transferring these cities' ferry services to WETA;
and
WHEREAS, Senate Bill 1093 (Stats. 2008, Ch. 387) ( "SB 1093 ")
amended Government Code Section 66540.11(e) to permit WETA to allocate a
portion of its RM2 funds to reimburse City and Vallejo for transition - related
costs subject to the limitations set forth in Government Code Section
66540.11(e); and
WHEREAS, SB 1093 amended Government Code Section 66540.11(fl
to provide that WETA may use RM2 operating funds for operation of the
Alameda /Oakland and Harbor Bay ferry services and facilities in accordance
with paragraph (6) of subdivision (d) of Section 30914 of the Streets and
Highways Code if consistent with the Transition Plan and approved by the
Commission; and
WHEREAS, the City and WETA have entered into negotiations of a
formal agreement and process for transitioning the AOFS and AHBF services
from City to WETA; and
WHEREAS, allocation of RM2 funding for operating expenses and
transition - related costs associated with the City's AOFS and AHBF services is
required for the operation of the ferry services until the transition of the AOFS
and AHBF services from City to WETA can be completed; and
WHEREAS, the City desires to confirm its intention to transition the
AOFS and AHFB services to WETA and to devote resources to complete the
transition of the Alameda /Oakland and Harbor Bay ferry services to WETA in
accordance with the schedule of milestones set forth in this Resolution.
NOW THEREFORE, BE IT RESOLVED, that the City hereby declares its
intention to take all steps reasonably required to complete transition of the
AOFS and AHBF services to WETA as follows:
. The City will transition the AOFS and AHBF services to WETA as
contemplated by Senate Bill 976 and Senate Bill 1093, in accordance
with the Transition Plan.
2. The City hereby directs staff to continue to work with WETA to negotiate
a comprehensive Transition Agreement which will be presented to the
City Council for its approval. Said Transition Agreement shall
incorporate the terms and conditions in the staff report previously
presented by staff to the City Council, including providing for the transfer
of personal property assets to WETA, including vessels, waterside
assets, and spare parts and equipment used in connection with the
operation of the AOFS and AHBF services, transfer of accounts,
assignment of contracts and permits, allocation of liabilities, landing and
mooring rights for the continued operation of the AOFS and AHBF
services, operation and maintenance of the Main Street and Harbor Bay
ferry terminals' landside assets, service levels, insurance requirements,
and financial consideration, and shall set forth in detail the steps required
to complete the transition in accordance with such terms and conditions.
3. City hereby establishes the following Milestone Dates for completion of
the steps to transition outlined in this Resolution:
Milestone Milestone Date
Comprehensive Transition
Agreement Approval: October 5, 2010
Transition:
January 1, 2011 or as soon as
reasonably practicable following
satisfaction of conditions in Transition
Agreement
4. The City hereby directs staff to devote such staff time and resources to
the transition effort as are reasonably necessary to complete the
transition in accordance with the Milestone Dates set forth in this
Resolution. Staff shall be authorized to retain special counsel and
consultants as may reasonably be necessary to achieve the above-
stated Milestone Dates for the transition, subject to the budget limitations
to be set forth by the Commission and /ETA for ferry services transition
expenses.
The City hereby directs staff to work with WETA to complete application
for RM2 funding for operation of the AOFS and AHBF services in FY1 o-
1 1 , with a disbursement schedule for such funds that is consistent with
the achievement of the transition Milestones set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to
forward a certified copy of this resolution to the Commission.
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 followin g vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, W H EREOF, I have hereunto set my hand and affixed the official seal of
said City this 21st day of July, 2010.
Lara Weisiger, City
City of Alameda