Title
Adoption of Resolution Accepting the West Alameda Transportation Management Association (WATMA) Annual Report, Declaring a Statement of Compliance Under Periodic Review for Development Agreements for the Alameda Landing Mixed Use Residential and Commercial Projects, and Recommending Transfer of Responsibility for the Alameda Landing Transportation Demand Management (TDM) Plan to the Citywide Alameda Transportation Management Association (ATMA). (Planning, Building & Transportation 20962710)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Pursuant to the Alameda Landing Development Agreements and Environmental Impact Report (EIR), Catellus Alameda Development LLC (Catellus) is required to prepare an annual report on its required Transportation Demand Management (TDM) program for review by the Transportation Commission and City Council. Catellus has submitted its annual TDM Report for Transportation Commission and City Council review (Exhibit 1). The 2007 Alameda Landing Transportation Demand Management Plan is attached as Exhibit 2.
Pursuant to the agreements, Catellus established the West Alameda Transportation Management Association (WATMA) to provide transportation services to the Alameda Landing project residents and commercial property owners. Based upon a review of the WATMA annual report, staff is recommending that the City Council approve the resolution accepting the WATMA Annual Report, finding Catellus in compliance with the Alameda Landing Development Agreements, and directing staff to transfer responsibility for the Alameda Landing TDM program to the citywide Alameda Transportation Management Association (ATMA). The Planning Board recommended approval of the resolution at their meeting of November 14, 2022.
BACKGROUND
In 2000, the City of Alameda (City) and Catellus entered into a Development Agreement for the redevelopment of the former U.S. Navy lands that are currently occupied by the Bayport neighborhood, the Alameda Landing Shopping Center, the TRI Pointe residential neighborhood, the Pulte “Bay 37” Waterfront residential neighborhood currently under construction, the Waterfront Open Space Park (currently under construction) and the maritime warehouses to the west of Bay 37.
Alameda Municipal Code (“AMC”) Section 30-95.1 authorizes the Planning Board to conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms and conditions of the agreements. In order to demonstrate good faith compliance, the applicant has submitted a Master Developer Letter of Compliance (Exhibit 3) for the annual review as required under AMC Section 30-95.1 and Article 5 of the Alameda Landing Development Agreements.
Over the last 20 years, the following work has been completed on the former U.S. Naval property pursuant to the original and amended Development Agreements:
• Bayport Neighborhood. In 2010, the City and the Bayport developer officially completed the Bayport neighborhood.
• Alameda Landing Neighborhood, Shopping Center, Stargell Avenue extension. By 2017, work on the Alameda Landing Shopping Center, adjacent TRI Pointe neighborhood and Willie Stargell extension was completed. The Target store opened in 2013. During this period, the West Alameda Business Association (WABA) district boundaries were expanded to include the Alameda Landing Commercial Project area, as required by the applicable Development Agreement.
• Waterfront Maritime. In December 2017, Bay Ship and Yacht acquired two buildings totaling 364,000 square feet on the Alameda Landing Waterfront. The waterfront buildings are currently being renovated for non-residential use.
• Alameda Landing Waterfront Park and Neighborhood. The Alameda Landing Waterfront Park and neighborhood represents the final phase of the Alameda Landing/Bayport Project. This final phase includes 357 units, including 39 affordable units currently under construction by Pulte Homes, LLC, and a 4.5 acre City waterfront park. Catellus is working on the waterfront park. The first phase is substantially complete. The public kayak and water shuttle dock should be open for public use by early 2023.
• Affordable Housing. Every residential phase of the project, including the Bayport neighborhood, has included deed restricted affordable housing consistent with the requirements of the Development Agreement.
Alameda Landing Transportation Demand Management Program. Pursuant to the Alameda Landing Development Agreements and EIR, Catellus is required to prepare an annual report on its required TDM program for review by the Transportation Commission and City Council. Catellus has submitted its annual TDM Report for Transportation Commission and City Council review (Exhibit 1).
The Development Agreements and 2007 Transportation Demand Management Plan (TDM Plan) (Exhibit 2) for Alameda Landing requires Catellus to:
• Establish Covenants, Conditions, and Restrictions (CC&Rs) on all the properties (except Bayport) to fund transportation services for the future residents and employees of Alameda Landing and establish a Transportation Management Association (TMA) to collect the fees and provide the transportation services to reduce congestion and greenhouse gas emissions.
“The overall goal of the Alameda Landing TDM Program is to implement on a permanently funded basis programs and measures intended to reduce weekday peak hour single occupancy vehicle (SOV) trips, weekday total SOV trips, and total emissions, and increase awareness and use of alternative modes of transportation.” (TDM Plan)
• Establish a TMA that could be expanded to include other future City projects, such as Alameda Point.
“The TDM Program for Alameda Landing is designed to allow for expansion of key program elements by additional development in West Alameda. Alameda Point, for example, is expected to ultimately be a participant in the TDM Program. Formation of a TMA, to unify these partners and to manage the TDM Program is part of the overall strategy of this TDM Program.” (TDM Plan)
• Provide an initial “day one” service to with the initial development of Alameda Landing that is to include a commute hour shuttle. As the project builds out and revenues increase, the “day one” services are to increase.
“The Alameda Landing Commercial Project Developer will fund the startup cost of the first phase of the TDM Program on Day One. TDM program revenues will grow as Alameda Landing is developed and occupied. Additional TDM program components will be added as TDM revenues equal or exceed cost of operations.” (TDM Plan)
• Provide an annual report for City Council review.
“Conditions of Master Plan approval and the Alameda Landing Commercial Development Agreement require that an Annual Report on the TDM Program be submitted to the City Council for review.” (TDM Plan.)
In 2013, with the opening of the Target store, Catellus created the West Alameda TMA (WATMA) as a 501(c)(4) non-profit association of commercial and residential property owners at the Alameda Landing project, and initiated a “day one” commuter shuttle between Alameda Landing and Oakland operating Monday through Friday.
As of 2022, the properties paying annual fees to the WATMA has grown to include the fully built out Alameda Landing Shopping Center, the fully built out TRI Pointe Homeowners Association, the Bay 37 Homeowners Association (waterfront housing behind Target currently under construction), and the maritime warehouses along the wharf west of Bay 37.
In 2014 and 2015, the City directed the Marina Shores project and the Del Monte project to work with Catellus to gain membership in the WATMA. Neither project was able to gain membership into the WATMA.
In 2016, City staff approached Catellus to initiate the process to add Alameda Point to WATMA. After a year of discussion with Catullus, staff decided it would be quicker and easier to create a separate citywide Alameda TMA for Alameda Point and the Northern Waterfront projects.
In 2017, the City in association with Alameda Point property owners and tenants and Northern Waterfront projects, including Del Monte, Mulberry, Marina Shores, the Alameda Housing Authority, and Wind River, established the citywide Alameda TMA (ATMA), a separate 501(c)(4) organization to provide transportation services for all new developments in Alameda, except Alameda Landing. Currently all ATMA members receive bus passes for unlimited use of AC Transit. The ATMA initiated an electric bike rebate program in 2022, and is planning for expansion of its services to include transit passes for BART and WETA ferry services in 2023. All new projects in Alameda now join the ATMA.
In December of 2019, the WATMA Board of Directors voted unanimously to support the WATMA’s transition in to the ATMA subject to completing certain documentation with the City and the ATMA. Those discussions were paused during the COVID-19 pandemic. The WATMA, the City and the ATMA resumed those discussions in 2022 which the intent to complete the transition by year-end.
DISCUSSION
Based upon a review of the Alameda Landing TDM Program Annual Report (Exhibit 1) and the Alameda Landing TDM Plan (Exhibit 2), it is apparent that:
• In 2022, WATMA is projected to collect $296,501 from Alameda Landing residents and commercial property owners for transportation services.
• In 2022, WATMA is projected to pay a total of $241,055 with a remaining surplus over $50,000. These expenses include:
o $153,146 to a contractor to provide the commute hour shuttle
o $45,600 to a part time TDM Manager
o $31,443 to Catellus for a Management Fee
o $10,266 to Catellus for miscellaneous expenses, tax preparation
o $600 for marketing
• In 2022, WATMA will carry this $50,000 surplus generated primarily from the new residential units coming on-line at Pulte’s Bay 37 development under construction at the Alameda Landing Waterfront. The WATMA ran a roughly $17,500 surplus in 2021 and $7,000 surplus in 2020 as shown in the attached Annual Report.
• There is no need for Catellus to provide any further “Gap funding” to operate the “day one” shuttle services. WATMA revenues far exceed the cost of the “day one” services and have since 2017.
• Despite annual growth in revenues since 2013, the “day one” services scope has not increased.
Staff does not recommend maintaining two independent TMAs operating in Alameda, one for Alameda Landing (the WATMA) and one for all other developments in Alameda (the ATMA). There is no need for two separate websites, two separate TDM coordinators, two separate Boards of Directors, and two separate bodies making decisions about transportation services to serve West Alameda
Staff recommends that WATMA 501(c)(4) be dissolved, and that the responsibility for implementing the Alameda Landing TDM Plan be shifted to the ATMA through membership agreements with the Alameda Landing Shopping Center, the TRI Pointe Homeowners Association, the Bay 37 Homeowners Association, and the maritime warehouses owners. (The ATMA accepts new members through a Membership Agreement and currently includes all of Alameda Point west of Alameda Landing and all of the Northern Waterfront east of Alameda Landing.) These membership agreements will provide for the collection of assessments from the new members by the ATMA instead of the WATMA and the provision of transit services to the residents and commercial property owners of Alameda Landing by the ATMA, instead of the WATMA.
The ATMA should implement the Alameda Landing TDM Program which is quite clear about the “post day one” services that should be provided to the Alameda Landing members. They include:
• Transit passes. AC Transit currently serves Alameda Landing and Alameda Point and provides direct service to downtown Oakland. The AC Transit Line 96 bus stop at Alameda Landing is 50 feet from the Alameda Landing private shuttle bus stop on 5th Street. The residents of Alameda Landing have free use of the private shuttle that only runs 7 hours per day on a 30 minute frequency, but they do not have free access to Line 96 which provides 30 minute frequency service from 6 AM to 10 PM seven days a week. Meanwhile, members of the ATMA do have free access to Line 96, due to the ATMA existing contractual agreements with AC Transit for Easy Passes, which can be expanded immediately to include all Alameda Landing residents and employees. The 2007 Alameda Landing TDM Plan states:
“AC Transit does not currently serve the site, but does provide services to nearby areas. The Alameda Landing Commercial Developer (Catellus) will continue to collaborate with AC Transit to develop mass transit commuter options to the West End. The long term goal of the Alameda Landing TDM Program is that Eco Pass (easy pass) will be a viable and that ground shuttle series initially operated by the Alameda Landing TMA would be eventually taken over and run by AC Transit.”
• Water shuttle services Pursuant to its Development Agreement obligations, Catellus is currently constructing the waterfront park and water shuttle dock at Alameda Landing which are expected to be open to the public in early 2023. Independently the ATMA, WETA, Jack London Square, and Marina Village intend to fund a pilot public water shuttle from Alameda Landing to Jack London Square that will utilize the new water shuttle dock for service. To date, the pilot program has financial commitments from: the City, WETA, Jack London Square, Marina Village, and Alameda Landing. With an anticipated grant from the Alameda County Transportation Commission, the partners are hoping to begin a two year pilot water shuttle program in 2024. As planned, the water shuttle service would be provided at no cost to riders. The 2007 Alameda Landing TDM Plan states:
“It is the intent of the TDM Program to initiate the pilot Water Shuttle service at the most optimal time for the initiation of the serves to increase its chances of success.”
ALTERNATIVES
The City Council may:
• Adopt the resolution as recommended.
• Revise and adopt the resolution to address any additional issues or provide additional direction to inform future decisions by staff, Catellus, the WATMA or the ATMA.
FINANCIAL IMPACT
Review of an annual report has no impact on the General Fund or any other City funds. The TMAs are independently funded non-profit organizations. The City of Alameda does not provide any financial support to the WATMA.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Provision of supplemental transportation services as a condition of project approval is consistent with General Plan policies to manage transportation demand through such services and reduce single occupant vehicle trips and automobile congestion in Alameda.
ENVIRONMENTAL REVIEW
Review of an Annual Report is not a “project” subject to review under the California Environmental Quality Act.
CLIMATE IMPACT
Provision of supplemental transportation services as a condition of project approval reduces single occupant vehicle trips and reduces greenhouse gas emissions consistent with the Climate Action and Resiliency Plan.
RECOMMENDATION
Adopt a resolution accepting the West Alameda Transportation Management Association (WATMA) Annual Report, finding Catellus in compliance with the Alameda Landing Development Agreements, and recommending transfer of responsibility for the Alameda Landing TDM Plan to the citywide Alameda Transportation Management Association (ATMA).
Respectfully submitted,
Andrew Thomas, Planning Building and Transportation Director.
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Alameda Landing TDM Annual Report (2022)
2. Alameda Landing TDM Plan (2007)
3. Master Developer Letter of Compliance
cc: Erin Smith, City Manager