Ordinance 3259CITY OF ALAMEDA ORDINANCE NO. 3259
New Series
APPROVING A LICENSE AND AUTHORIZING THE CITY MANAGER
TO EXECUTE DOCUMENTS NECESSARY TO IMPLEMENT THE
TERMS OF A 66-YEAR LICENSE WITH THE SAN FRANCISCO BAY
AREA WATER EMERGENCY TRANSPORATION AUTHORITY, A
REGIONAL PUBLIC TRANSIT AGENCY , FOR USE OF REAL
PROPERTY AND SUBMERGED LAND AT ALAMEDA POINT
WHEREAS, the San Francisco Bay Area Water Emergency Transportation Authority
(WET A) is a regional public transit agency; and
WHEREAS, the City of Alameda (City) and WETA have entered into the Seaplane
Lagoon Ferry Terminal Operating Agreement (Operating Agreement) in connection with
the design, construction and operation of the Seaplane Lagoon Ferry Terminal at
Alameda Point, and the ferry service connecting Alameda Point and San Francisco; and
WHEREAS, the City owns certain real property at Alameda Point identified in the
Operating Agreement as the "Landside Area", and submerged lands, identified in the
Operating Agreement as the "Waterside Area"; and
WHEREAS, WETA desires to obtain a license from the City to access and use the
Landside Area and Waterside Area for the operation of the Seaplane Terminal Ferry
Service, as contemplated in the Operating Agreement; and
WHEREAS, the Landside Area shall be utilized by WETA on a non-exclusive basis for
access to the Waterside Area in connection with operation of the Seaplane Ferry Terminal
and the Waterside Area shall be utilized by WETA solely for the operation of Seaplane
Terminal Ferry Service; and
WHEREAS, WETA shall pay a fee of $1.00 per year for use of the licensed area for
the 66-year term of the license; and
WHEREAS, the proposed license does not contain any extension options.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City that by four
affirmative votes:
Section 1. The City Manager of the City or his designee is hereby authorized to
negotiate and execute, for and on behalf of the City, a license with the WETA, for use of
real property and submerged land at Alameda Point for sixty-six years with no option to
extend, 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, is 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 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 or
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:
******
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 7th day of January, 2020, by the following
vote to wit:
AYES : Councilmembers Daysog, Knox White, Oddie, Vella
and Mayor Ezzy Ashcraft-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 ath day of January, 2020.
City of Alameda