Ordinance 3122CITY OF ALAMEDA ORDINANCE NO. 3122
New Series
APPROVING A LEASE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE DOCUMENTES NECESSARY TO IMPLEMENT THE
TERMS OF A 60 YEAR LEASE AGREEMENT AND APPROVE A
TEMPORARY RIGHT OF ENTRY PERMIT WITH WATER
EMERGENCY TRANSIT AUTHORITY (WETA) FOR .73 ACRE OF
UNDEVELOPED UPLAND REAL PROPERTY AND 3.4 ACRES OF
SUBMERGED LANDS LOCATED ALONG WEST HORNET AND
FERRY POINT STREETS AT ALAMEDA POINT.
WHEREAS, the Central Bay Operations and Maintenance Facility is being
planned and developed by WETA to serve as one of two maintenance bases for
WETA's existing and future ferry fleet; and
WHEREAS, the location of the facility is in the City -owned area known as
Term -1 which also is in the State Tidelands; and
WHEREAS, the Facility will include a 4 -story building, diesel fuel storage
tanks, upland work yard, and a 12 -slip ferry berthing facility extending from the
site shoreline into San Francisco Bay; and
WHEREAS, the project site for the proposed facility is located southeast of
the intersection of West Hornet Avenue and Ferry Point Road near Pier 3 on
property owned by the City of Alameda; and
WHEREAS, the site includes 0.73 acre of undeveloped upland real property,
3.4 acres of submerged lands on San Francisco Bay, and a 75- vehicle paved
parking area; and
WHEREAS, initial monthly rent of $5,125, commencing upon receipt of
Certificate of Occupancy and subject to annual adjustment based on the
Consumer Price Index; and
WHEREAS, WETA will provide defined infrastructure improvements in lieu of
City Development Impact Fees required for new development at Alameda Point;
and
WHEREAS, a Right of Entry Permit approved concurrent with approval of
Lease Agreement for WETA to construct public access improvements within the
adjacent park area as required by BCDC as a part of the project permit; and
WHEREAS, WETA will provide insurance negotiated by the City's Risk
Manager which includes $5 million in Commercial Pollution Liability; $2 million
Wharfingers Insurance; and $4 million Commercial Marine Liability Insurance.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that by four affirmative votes that:
Section 1. The City Manager of the City of Alameda or his designee is hereby
authorized to negotiate, execute, for and on behalf of the City of Alameda, a
lease with Water Emergency Transit Authority for .73 acres of undeveloped
upland real property and 3.4 acres of submerged lands located along West
Hornet and Ferry Point at Alameda Point for 60 years, subject to such technical
or clarifying revisions as are reasonably determined necessary by the City
Manager and approved by the City Attorney, and the City Clerk is hereby
authorized and directed to attest to the same.
Section 2. If any section, subsection, sentence, clause or phrase of this
ordinance if, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
ordinance. The City Council of the City of Alameda hereby declares that it would
have passed this ordinance, and each section, subsections, clause, or phrase
hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases are declared to be invalid and unconstitutional.
Section 3. This ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Attest:
Lara WeisigO, City Clerk
Presiding Officer of the City Council
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
a regular meeting assembled on the 17th day of March, 2015, by the following
vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese,
and Oddie - 4.
NOES: Mayor Spencer — 1
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 18th day of March, 2015.
�-o
Lara Weisigerti y Clerk
I
City of AlameV
APPROVED AS TO FORM:
Jar�e OC. Kern
City Attorney