Resolution 11733CITY OF ALAMEDA RESOLUTION NO. 11733
AMENDING CONDITION NO. 9 OF PLANNED DEVELOPMENT
AMENDMENT (PDA) 89 -1 FOR HARBOR BAY ISLE VILLAGE V
WHEREAS, the Council of the City of Alameda approved
Planned Development Amendment PDA -89 -1 on April 4, 1989; and
WHEREAS, Condition No. 9 of PDA -89 -1 regarding Ferry
Service and a Ferry Terminal is the subject of a legal challenge;
and
WHEREAS, such legal challenge will prevent implementation
of Condition No 9 and collaterally affect the release to the
city of a deed for a four acre park site in Harbor Bay Village IV
as well as the approved Community Facilities District from
escrow.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that said Council hereby approves the following change
to PDA -89 -1:
Condition No. 9 - Delete the existing language and in its
place substitute the following:
"Harbor Bay Isle shall provide regularly
scheduled ferry service from a= terminal on
Bay Farm Island to San Francisco within 12
months from the latest of final resolution of
all legal challenges to the ferry service,
ferry terminal or any component necessary to
the service or terminal, in a manner
permitting such service, including expiration
of periods for appeal, and the obtaining by
Harbor Bay of all necessary permits,
licenses, entitlements and /or approvals for
the construction of the terminal and docking
facilities and operation of the ferry service
for 36 months. Operation of the service
shall be ensured for 36 months after
commencement." !
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Council of
the City of Alameda that said Council, in conjunction with
approving the above action, with agreement at public hearing of
affected parties, approved amending this Resolution to reflect a
60 day extension of the City's requirement to provide plans for
three facilities on Bay Farm Island (four -acre park, seven and
one -half acre Shoreline Park and Fire Station) as set forth in
the Settlement Agreement.
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 6th of June, 1989,
by the following vote to wit:
AYES: Ccuncilmembers Arnerich, Camicia, Thomas, Withrow
and President Corica - 5,
NOES: None,
ABSENT: None,
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 7th day of
June, 1989,
"46
City C rk of the City of Alameda