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Resolution 15428CITY OF ALAMEDA RESOLUTION NO. 15428 APPROVING THE UPDATED SEAPLANE LAGOON FERRY TERMINAL PLAN RESULTING IN THE PROCUREMENT OF THE FERRY TERMINAL FLOAT AND CONSTRUCTION OF THE REMAINING WATER AND LANDSIDE IMPROVEMENTS WHEREAS, on June 16, 2015, the City Council approved a Disposition and Development Agreement (DDA) with a private developer, Alameda Point Partners, LLC (APP), for the Site A development at Alameda Point, consisting of a 68 -acre mixed-use project at the gateway of Alameda Point; and WHEREAS, as part of the backbone infrastructure included with the Phase 1 development of Site A, APP and the City agreed to cooperate in the design, permitting and construction of a new ferry terminal at Seaplane Lagoon (Seaplane Lagoon Ferry Terminal), and APP agreed to contribute $10 million towards its development, consistent with the DDA; and WHEREAS, in accordance with the DDA, a Ferry Terminal Plan must be developed with a reasonable conceptual design and the parties' best estimate of the schedule and costs based on available information; and WHEREAS, on April 5, 2016, the City Council approved the Ferry Terminal Plan and a Memorandum of Understanding (MOU) between the City of Alameda and the Water Emergency Transportation Authority (WETA) to provide a framework for collaboration on funding and operations of the Seaplane Lagoon Ferry Terminal, which was then estimated to cost approximately $18.2 million; and WHEREAS, in October 2016, WETA approved the procurement of the necessary vessels to expand service in the Central Bay, including Seaplane Lagoon, and approved the WETA Strategic Plan, which envisions 15 -minute ferry service to and from San Francisco from the west end of Alameda (Main Street and Seaplane Lagoon Ferry Terminals); and WHEREAS, in March 2017, the City was awarded an $8.2 million grant for the construction of the Seaplane Lagoon Ferry Terminal for the upcoming fiscal year 2019/2020 from the Alameda County Transportation Commission (ACTC), resulting in a total of $18.2 million in funding for the Seaplane Lagoon Ferry Terminal; and WHEREAS, on March 6, 2018, the City Council authorized the City Manager to enter into an agreement with Marcy Wong Donn Logan (MWDL) Architects and their consultant team for architectural and engineering services for the design of the Seaplane Lagoon Ferry Terminal in advance of the closing of Site A to meet the design and permitting timeline for construction completion in Fiscal Year 2019-2020; and WHEREAS, based on the updated designs and current market conditions, the City, APP, WETA and the design team have updated previous cost estimates from multiple sources, which have indicated that the total cost of the Seaplane Lagoon Ferry Terminal is likely to exceed the 2016 cost estimate of $18.2 million by $4.0 million for a total of $22.2 million primarily due to significant annual construction cost escalation; and WHEREAS, to date, the City has secured $20.2 million in funding commitments and on September 6, 2018, is formally requesting the WETA Board to commit a $2.0 million allocation to the Seaplane Lagoon Ferry Terminal project to cover any contingency cost should it be needed; and WHEREAS, Alameda Municipal Code section 30.98(b)(4) authorizes municipal projects to be fully or partially exempt from the City's public art requirement based upon the project budget, if it is in the best interests of the Alameda community to do so; and WHEREAS, this action complies with the requirements of the California Environmental Quality Act (CEQA) as described in the attached report. No further environmental review is necessary pursuant to CEQA. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alameda finds and determines as follows: 1. The Updated Seaplane Lagoon Ferry Terminal Plan is hereby approved, and will result in the procurement of the ferry terminal float and construction of the remaining water and landside improvements; 2. The Seaplane Lagoon Ferry Terminal Project is fully exempt from the Public Art Requirements in Alameda Municipal Code section 30.98, due to budget constraints outlined in the attached report, and it is in the best interests of the Alameda community to do so. 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 4th day of September 2018, by the following vote to wit: AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, and Vella —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 51h day of September, 2018. ka Lara Weisiger, Cit (Plerk City of Alameda APPROVED AS TO FORM: Jane. Kern, City Attorney City of Alameda