Title
Adoption of Resolution Approving Funding Agreements with the Alameda Transportation Management Association (ATMA) Allowing Pass Through of Transportation Demand Management Fees for the Implementation of the Alameda Point Transportation Demand Management Plan and Acceptance of the ATMA Annual Report.
A Final Environmental Impact Report for the Alameda Point Project was certified in accordance with the California Environmental Quality Act (CEQA) (State Clearinghouse #2013012043). (Base Reuse 29061822)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
On June 5, 2018, City Council approved two pass-through agreements between the City of Alameda (City) and the Alameda Transportation Management Association (ATMA) for the management of the Alameda Point Transportation Demand Management Plan (TDM Plan). One agreement provided for the pass-through of fees collected from Alameda Point tenants (tenant fees) for transportation services, and one agreement provided for the pass-through of funds collected from Alameda Point property owners through Community Facilities District 17-1 for transportation services (CFD Funds).
Over the course of the last four years, the ATMA has provided transportation services to Alameda tenants, residents, and property owners pursuant to those agreements. Exhibit 1 is an Annual Report describing the services that were provided with the pass-through funds for Alameda Point tenants and property owners.
Staff is recommending that City Council accept the Annual Report and approve a resolution adopting updated agreements regarding the pass-through of the tenant fees and CFD funds. The agreements are designed to update, improve, and streamline the pass-through process for both the City staff and the ATMA staff. Ultimately, a more efficient process will result in more effective use of transportation funds for transportation services at Alameda Point.
BACKGROUND
In 2014, City Council approved the TDM Plan, which is a critical part of the City’s transportation and greenhouse gas reduction strategy for the reuse and redevelopment of Alameda Point. The primary objectives of the TDM Plan are to provide supplemental transportation services to Alameda businesses and residents to increase transit use, reduce automobile congestion, and increase transportation options for residents, employees, and visitors to Alameda Point. Since approval of the TDM Plan in 2014, the City:
• Established CFD 17-1 for municipal services requiring a special tax on private property at Alameda Point to fund transportation services and programs (among other public services) consistent with the TDM Plan;
• Established tenant fees to fund transportation services and programs consistent with the TDM Plan;
• Established the ATMA, a stand-alone non-profit organization, that oversees the ongoing implementation of the TDM Plan and the Northern Waterfront project TDM requirements; and
• Adopted pass-through agreements with the ATMA in 2018 to provide funds for transportation services to Alameda Point business owners, employees, and residents.
The services provided by the ATMA at Alameda Point are described in the attached ATMA Annual Report (Exhibit 1).
DISCUSSION
The 2018 Pass-through Agreements provided for the pass-through of funds collected by the City to the ATMA for transportation services at Alameda Point. In return, the ATMA procures and provides transportation services for Alameda Point tenants and residents.
Pursuant to the 2018 Agreements, the ATMA provides an Annual Report to the City detailing how the funds were used to support the transportation needs of the tenants and residents at Alameda Point consistent with the TDM Plan. The Annual Report provides an important overview of the ATMA’s recent activities and plans for any new programs or plans for the upcoming years. The Annual Report is provided for informational purposes to the City Council and does not need to be officially approved by the City Council; however, the review of the Annual Report does provide an opportunity for the City Council to provide feedback to the ATMA about City transportation priorities or concerns.
The updated pass-through agreements include modifications designed to streamline and improve the pass-through process for both the City and the ATMA and allow for more certainty in the planning and budgeting process for the ATMA. The updated pass-through agreements are attached as Exhibit 2 and Exhibit 3. The 2018 agreements are attached as Exhibit 4 for informational purposes.
The proposed changes include:
• Annual Revenue Projections. The updated agreement includes a new provision requiring the City’s Finance Department to provide a forecast of the pass-through revenue to the ATMA for the upcoming two fiscal years. The Finance Department already develops these projections as part of the City’s biennial budget process so this does not require additional staff work but does significantly benefit the ATMA. With the financial forecast, the ATMA Board of Directors will be better able to plan and contract for transportation services with AC Transit and others based on projected revenues over the next two fiscal years.
• 40% CFD Pass Through: The CFD agreement includes a new provision that specifies that the pass through to the ATMA will be 40% of the total amount collected from the CFD assessment. The remaining CFD revenue balance funds supplemental maintenance and capital replacement needs for public infrastructure and parks at Alameda Point, as approved by City Council. The 2018 agreement describes the ATMA pass-through but does not specify the amount of CFD revenues to be passed through. Through the first few years of budgeting the Alameda Point CFD, staff realized more specificity was necessary. The relevant departments (Planning/Building/Transportation, Public Works and Recreation and Parks), discussed and agreed that 40% represented the appropriate portion of the CFD annual revenues for transportation services. This clarity improves the budgeting process for the ATMA and the Public Works and Recreation and Parks Departments.
• Term. The 2018 Tenant Agreement had a three-year term with seven one-year extensions, for a total possible term of 10 years. The 2018 CFD Agreement ran in perpetuity with no expiration date. Both revised agreements have a 10-year term, with the opportunity to extend each term for up to 10 additional years. Either party also has the opportunity to terminate either agreement with written notice.
In conclusion, staff believes that the revised agreements will support the TDM Plan and ensure the efficient use of transportation dollars for transportation services at Alameda Point.
ALTERNATIVES
• Approve the updated agreements as recommended.
• Amend and approve the agreements.
• Request that staff and the ATMA explore alternative approaches to certain aspects of the pass-through process and return at a future date with that analysis.
FINANCIAL IMPACT
There is no financial impact as the result of the amended agreements. The pass-through funds are fees paid by the existing businesses, and by the private property owners in Alameda Point. The fees from existing tenants and special taxes from property owners will be transferred from the City to the ATMA consistent with the TDM Plan. The terms of the proposed updated and restated pass-through agreements with the ATMA are consistent with the FY 2023-24 budget for the Alameda Point Services Community Facilities District (CFD 17-1) Fund (281) and the Transportation Management Fund (320).
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the approved TDM Plan and the Mobility Element of the City’s General Plan, which outlines goals and policies for de-emphasizing the automobile; creating a mixed-use environment that promotes transit; and achieving a human-scale transit-oriented development, among many other transit-supportive policies. This action does not affect the Alameda Municipal Code.
ENVIRONMENTAL REVIEW
City Council certified a Final EIR for the Alameda Point Project on February 4, 2014, in compliance with CEQA, Public Resources Code section 21000 et seq. and adopted and incorporated into the project all of the mitigation measures for the project that are within the responsibility and jurisdiction of the City, including the TDM Plan to mitigate traffic impacts. No further environmental review is required.
CLIMATE IMPACT
The proposed pass-through agreements support implementation of the TDM Plan, which is specifically designed to reduce automobile congestion, automobile emissions, and vehicle miles traveled as the result of the redevelopment of Alameda Point. Each of these objectives is consistent with and implements the City’s Climate Action and Resiliency Plan.
RECOMMENDATION
Adopt a resolution approving updated pass-through agreements with the ATMA for the implementation of the TDM Plan and accept the Annual Report.
Respectfully submitted,
Andrew Thomas, Interim Director of Base Reuse and Economic Development
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. ATMA Annual Report
2. 2023 CFD Pass-Through Agreement
3. 2023 Tenant Pass-Through Agreement
4. 2018 Tenant and CFD Pass-Through Agreements