RESOLUTION NO. XXXX. WHEREAS, the City has not previously consented to the Project; and

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1 RESOLUTION NO. XXXX RESOLUTION OF THE SAUSALITO CITY COUNCIL GRANTING CONDITIONAL CONSENT AND APPROV ALS FOR THE MAJOR ALTERATIONS, IMPROVEMENTS AND ADDITIONS TO THE SAUSALITO FERRY LANDING PROPOSED BY THE GOLDEN GATE BRIDGE, HIGHWAY, AND TRANSPORTATION DISTRICT, AND APPROVING THE SECOND ADDENDUM TO THE DISTRICT'S INITIAL/STUDY MITIGATED NEGATIVE DECLARATION FOR THE SAUSALITO FERRY LANDING PROJECT AND SUPPLEMENT TO THE PROJECT'S MITIGATION MONITORING REPORTING PROGRAM, APPROVING THE FIRST AMENDMENT TO LEASE OF PUBLIC TIDE AND SUBMERGED LANDS, AND APPROVING THE FTA PASS THROUGH AGREEMENT WHEREAS, the Golden Gate Bridge, Highway, and Transportation District (District) proposes to remove the existing fe rry terminal at the Ferry Landing in downtown Sausalito and construct a new fe rry terminal (Project); and WHEREAS, the District' s use of the fe rry terminal is authorized and govemed by the terms of that certain Lease Agreement (Lease) dated December l, 1995 between the City as Lessor and the District as Lessee; and WHEREAS, Section 5.4 of the Lease requires that the District obtain the City's written consent prior to making any major alterations, improvements, additions, or utility installations to the ferry terminal; and WHEREAS, the Project constitutes major alterations, improvements and additions, and includes utility installations within the meaning of each ofthese terms under the Lease; and WHEREAS, the City has not previously consented to the Project; and WHEREAS, on March 24, 2015, the District submitted plans for the then-proposed Project and requested the City' s consent under the Lease; and WHEREAS, from March 11 to April 29, 2015, the City's Planning Commission and Historie Landmarks Board held public meetings and provided recommendations to the City Council regarding the District' s then-proposed Project; and WHEREAS, on May 5, 2015, the City Council during its public meeting and after considering written and verbal comments adopted Resolution No. 5512, denying consent under the Lease to the then-proposed Project; and WHEREAS, on March 2, 2016, the District submitted revised concept plans for the Project; and WHEREAS, in March of 2016, the Planning Commission and Historie Landmarks Board held public meetings to review the District' s revised plans for the Project and provided Page 1 of 6

2 recomrnendations to the Council; and WHEREAS, on August 16, 2016, the District submitted revised Project plans and requested the City' s consent under the Lease; and WHEREAS, on September 2, 2016, the District asserted that the City lacked the legal authority to deny or impose conditions on the Project and thus withdrew its request for the City's consent; and WHEREAS, on September 13, 2016, the City filed a lawsuit against the District in Marin County Superior Court, which subsequently was transferred to the Contra Costa County Superior Court; and WHEREAS, on July 28, 2017, the City and the District entered into a Memorandum of Understanding (MOU), staying the pending lawsuit for six months, during which time the District would submit further revised plans for the Project for the City's consent under the Lease; and WHEREAS, under the MOU, the parties agreed that while the District would attempt to submit its revised plans for the Project to the City as soon as practicable, the City's 45-day period under the Lease to grant or deny consent to the Project would comrnence on August 31, 2017; and WHEREAS, on August 29, 2017, the District submitted revised Project plans; and WHEREAS, the District's revised plans reduce the size of the Project's proposed :float and gangway from the 2016 proposal. Specifically, the width of the proposed :float is reduced by 4 feet, from 53 feet to 49 feet, with a corresponding reduction in the width ofthe gangway from 16 feet to 12 feet. Additionally, the length of the proposed :float is reduced by 1.5 feet, from feet to 144 feet; and WHEREAS, the District' s revised plans include two versions of the access pier- one with Belvederes and one without; and WHEREAS, the proposed Project includes a temporary gangway and :float to be used during Project construction, and a permanent donut fender, utility trenches and cabinets located outside ofthe Leased premises; and WHEREAS, the City and the District desire to enter into the First Amendment to the Lease (Exhibit D) in order to amend the Lease to revise the definition of the Premises to include the location of the temporary relocation of the gangway and :float during construction of the new ferry landing, location of a donut fender ( dolphin), and utility cabinets and trenching and to set forth certain restrictions related to the docking of vessels at the :float; and WHEREAS, the City intends to make landside improvements to the City' s property adjacent to the ferry terminal which will be subject to a public review and approval process, and the District to support these landside improvements has agreed to pass through to the City two million ($2,000,000) dollars of a Federal Transit Administration (FTA) grant to the District, as well as four hundred thousand ($400,000) towards the twenty percent local match required for use of these 2 Page 2 of 6

3 funds, as reflected in the proposed FTA Pass Through Agreement (provided in Exhibit E); and WHEREAS, the District' s Staff, the City' s Staff and members of the public have met and conferred during multiple meetings and exchanged substantial correspondence and information regarding proposed conditions of approval for the Project; and WHEREAS, the District as both the Project proponent and the lead agency for the Project under California's Environmental Quality Act (CEQA) adopted an Initial Study/Mitigated Negative Declaration (MND) for the Project on December 14, 2012, and subsequently adopted an Addendum to the MND on May 26, 2017; and WHEREAS, the City is a Responsible Agency for the Project under CEQA pursuant to Public Resources Code Section and CEQA Guidelines Section because it has discretionary approval authority over the Project under the Lease, because the Project requires certain Lease amendments and/or encroachments to install temporary and permanent structures located outside the Leased area, and as trustee under California' s Public Trust Doctrine; and WHEREAS, since the District's adoption of the MND substantial changes have occurred with respect to the circumstances under which the Project is undertaken because of significant increases in the volume of ferry passengers with bicycles, primarily during peak periods spanning from March through October; and WHEREAS, pursuant to Section of the CEQA Guidelines, the City has prepared a Second Addendum to the District' s MND (Exhibit C) which contains an analysis of the environmental impacts that may result from the proposed Project in light of the substantial changes that have occurred with respect to the circumstances under which the Project is undertaken; and WHEREAS, the Second Addendum finds that the changed circumstances under which the Project is undertaken do not require major revisions to the MND or the District's Addendum, and that potentially significant impacts of the Project will be mitigated to less than significant with the implementation of the additional mitigation measure described in the City' s Second Addendum to the MND and the City' s supplement to the District' s Mitigation Monitoring and Reporting Program (MMRP) for the MND; and WHEREAS, the City Council has considered the MND, the District's Addendum to the MND, the Second Addendum to the MND, the City's supplement to the District's MMRP, and all other information and evidence related to the Project; and WHEREAS, based on the Second Addendum to the MND and the above-referenced information, the City Council fmds pursuant to Section ofthe CEQA Guidelines that none of the conditions described in Section of the CEQA Guidelines calling for preparation of a subsequent negative declaration or EIR has occurred; and WHEREAS, the Project site is located on lands held by the City as trustee for the State under California' s Public Trust Doctrine; and WHEREAS, the City Council as trustee for the Public Trust is responsible for balancing 3 Page 3 of 6

4 competing public trust uses, such as the needs of public transportation with recreation, aesthetics and environmental preservation; and WHEREAS, the City Council has considered the MND, the District's Addendum to the MND, the Second Addendum to the MND, the City's supplement to the District's MMRP and all other information and evidence related to the Project in order to evaluate and balance the competing public trust uses; and WHEREAS, based on the above-referenced information, the City Council finds that the Project is consistent with and properly balances the competing interests of the Public Trust, subject to the City's conditions of approval for the Project and the additional mitigation measure set forth in the Second Addendum to the MND and supplement to the District' s MMRP that, among, other things, prohibit the Belvederes, the use ofmunicipal Parking Lot l for staging and construction and requires the District to manage and contain the queues for the Project to the designated Queue Area. WHEREAS, the City Council held public meetings to consider the revised Project on September 12, and September 26, 2017; NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOL VES: Section l. Conditional Consent Under The Lease: Pursuant to Section 5.4 of the Lease, the City Council as Lessor consents to the Project as set forth in the plans submitted containing no Belvederes, date stamped received by the City on August 29, 2017 and titled "Sausalito Ferry Terminal Improvements Contract No FT-3" (provided in Exhibit A) subject to the Conditions of Approval (provided in Exhibit B), the additional CEQA mitigation measure set forth in the Second Addendum to the MND and the City' s supplement to the District' s MMRP (provided in Exhibit C). Section 2. Approval of the Second Addendum to the MND and Supplement to the District' s MMRP After full and independent consideration of the administrative record, including the MND, the District' s Addendum to the MND, the Second Addendum to the MND and the City's proposed supplement to the District's MMRP, the City Council finds pursuant to Section ofthe CEQA Guidelines that none ofthe conditions described in Section ofthe CEQA Guidelines calling for preparation of a subsequent negative declaration or EIR has occurred; The City Council therefore adopts the Second Addendum to the MND, the mitigation measure recommended therein and the City' s supplement to the District's MMRP (provided in Exhibit C.) The City Council authorizes the filing of a N otice of Determination. Section 3. Conditional Approval As Trustee Under The Public Trust Doctrine 4 Page 4 of 6

5 After full consideration of the administrative record, including the MND, the District's Addendum to the MND, the Second Addendum to the MND, the City's proposed supplement to the District' s MMRP and all other evidence and information submitted, the City Council finds that the Project is consistent with and properly balances the competing interests of the Public Trust, subject to the City's Conditions of Approval for the Project (provided in Exhibit B) the City's additional mitigation measure for the Project as set forth in the Second Addendum to the MND and supplement to the District's MMRP (provided in Exhibit C) that, among, other things, prohibit the Belvederes, the use of Municipal Parking Lot l for staging and construction and requires the District to manage and contain the location of the queues for the Project to the defined Queue Area. Section 4. Approval of Proposed Lease Amendments The City Council authorizes the City Manager to execute on behalf of the City the First Amendment to Lease of Public Tides and Submerged Lands to facilitate the Project subject to the foregoing conditions (provided in Exhibit D.) Section 5. Approval of Pass Through Agreement The City Council authorizes the City Manager to execute on behalf of the City the FT A Pass Through Agreement between the City and the District (provided in Exhibit E). RESOLUTION PASSED AND ADOPTED, at the regular meeting ofthe Sausalito City Council on the _ day of., 2017, by the following vote: A YES: NOES: ABSENT: ABSTAIN: RayWithy Mayor ATTEST: 5 Page 5 of 6

6 Lilly Whalen City Clerk EXHIBITS A. District's Project plans submitted containing no Belvederes, date stamped received by the City on August 29, 2017 and titled "Sausalito Ferry Terminal Improvements Contract No FT-3" B. Conditions of Approval for the Project C. Second Addendum to the 2012 Initial Study/Mitigated Negative Declaration and 2017 Addendum for the Sausalito Ferry Terminal D. First Amendment to Lease of Public Tides and Submerged Lands E. FTA Pass Through Agreement 6 Page 6 of 6