APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
EXECUTE AN INTER-GOVERNMENTAL COOPERATION
AGREEMENT WITH THE ALAMEDA-CONTRA COSTA TRANSIT
DISTRICT (AC TRANSIT) FOR THE FRUITVALE AVENUE TRANSIT
SIGNAL PRIORITY PROJECT AND ADOPTING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, AC Transit and the City of Oakland Department of Transportation coordinated to develop the Transit Action Strategy in 2020, which identified a series of actions to ensure riding the bus is safe, reliable, and affordable; and WHEREAS, AC Transit has received funding to design and implement transit improvements along Fruitvale Avenue, San Leandro Street, 35 th Avenue, East 12th Street, and 29th
Avenue as part of the Fruitvale Avenue Transit Signal Priority Project (Project); and WHEREAS, the Project consists of making traffic signal improvements, installing transit signal priority (TSP) equipment, and installing corridor communications; and WHEREAS, AC Transit, through the Project, seeks to provide significant investments to the City's road and transit network that will result in more efficient use of streets for all users at minimal direct cost to the City; and
WHEREAS, Per Section 504 (1) of the Oakland City Charter (Duties):
“the City Administrator shall have the power and it shall be the City Administrator's duty: (l) When directed by the Council, to represent the City in its intergovernmental relations and to negotiate contracts for joint governmental actions, subject to Council approval.
WHEREAS, the Inter-Governmental Cooperation Agreement outlines responsibilities associated with design, construction support and ongoing operation and maintenance of the Project elements; and
WHEREAS, upon completion of the Project, AC Transit will transfer ownership of all improvements in Oakland to the City; and
2 to be minimal, with maintenance of traffic signal equipment absorbed within existing operations; and
WHEREAS, the TSP equipment will be maintained by AC Transit; and WHEREAS, the Project is exempt from California Environmental Quality Act (CEQA) pursuant to the following CEQA Guidelines Sections: Section 15162 and 15163 (no further environmental review required); Section 15060(c)(2) (no direct or reasonably foreseeable indirect physical change in the environment); Section 15061(b)(3) (no significant effect on the environment); Section 15183 (projects consistent with a community plan, general plan, or zoning), Section 15301 (existing facilities), Section 15302 (replacement or reconstruction); each of the aforementioned provides a separate and independent basis for CEQA compliance; now, therefore, be it
RESOLVED: That the City Administrator is hereby authorized to execute the Inter- Governmental Cooperation Agreement with AC Transit for the Project; and be it FURTHER RESOLVED: That the proposed Project is exempt from the California Environmental Quality Act (CEQA) pursuant to the following CEQA Guidelines Sections: Section 15162 and 15163 (no further environmental review required); Section 15060(c)(2) (no direct or reasonably foreseeable indirect physical change in the environment); Section 15061(b)(3) (no significant effect on the environment); Section 15183 (projects consistent with a community plan, general plan, or zoning), Section 15301 (existing facilities), Section 15302 (replacement or reconstruction); each of the aforementioned provides a separate and independent basis for CEQA compliance; and be it
FURTHER RESOLVED: That an original copy of said Inter-Governmental Cooperation Agreement be kept on file with the City Clerk, once executed.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
OCA DOCUMENT NUMBER / ATTORNEY INITIALS
WHEREAS, the fiscal impact on the City's traffic operations and maintenance is expected