Title
Adoption of Resolution Authorizing the Interim City Manager to Execute the Landing Rights Agreement License to Land at Harbor Bay Ferry Terminal by and Between San Francisco Bay Area Water Emergency Transportation Authority and Tideline Marine Group. (Base Reuse and Community Development)
Body
To: Honorable Mayor and Members of the City Council
From: David L. Rudat, Interim City Manager
EXECUTIVE SUMMARY
Last year, the biotech company Exelixis moved from South San Francisco to the Harbor Bay Business Park. The company has been exploring alternative transportation options for its 300+ employees, many of whom live in the South Bay. The leading option is a reverse commute ferry service from Oyster Point in South San Francisco to the Harbor Bay Ferry Terminal. The San Francisco Bay Area Water Emergency Transportation Authority (WETA) recently started a limited pilot program to provide this service.
Exelixis has also been exploring a potential private ferry service serviced by the Tideline Marine Group (Tideline). Tideline has been working with WETA to obtain permission for small vessel private charter landings at the Harbor Bay Ferry Terminal, which would be exclusively used by Exelixis employees. On September 6, 2018, the WETA Board authorized its Executive Director to grant a permit to Tideline for a conditional six-month trial program and subject to completion of final requirements and consent by both the City of Alameda (the City) and Harbor Bay Isle Associates (HBIA) to a Landing Rights Agreement to Land at Harbor Bay Ferry Terminal by and between WETA and Tideline. HBIA consented to the agreement on January 3, 2019.
This proposed action to consent to the Landing Rights License Agreement is consistent with City goals and policies to support alternate transportation modes and support a major employer within the City without negatively impacting the existing parking or operations at the Harbor Bay Ferry Terminal.
BACKGROUND
Exelixis, a cancer drug developer, recently moved its offices from South San Francisco to Alameda. The company has signed a ten-year lease for 110,783 square feet in two buildings at the Harbor Bay Business Park. The company has rights to expand into an additional 170,000 square feet as the space becomes available. Exelixis is one of Alameda’s largest private sector employers with over 300 employees, many of whom live in the South Bay.
Exelixis has been exploring alternative transportation options for its work force, including ferry service from Oyster Point in South San Francisco to the Harbor Bay Ferry Terminal. No such reverse commute service had existed until WETA initiated a limited, 12-month pilot program on January 7, 2019. The pilot program provides two one-directional landings per weekday: 1) a morning trip from South San Francisco to Harbor Bay departing at 8:30 a.m., and 2) an evening return trip from Harbor Bay to South San Francisco departing at 6:30 p.m.
Exelixis has also been exploring additional transportation options, including contracting with a private ferry service. Working with Exelixis, Tideline submitted a request to WETA for a permit to conduct small vessel private charter landings at the Harbor Bay Ferry Terminal for a six-month demonstration period to provide this commute service. During this period, WETA has also been studying a system-wide Private Landing Policy (Policy) regarding use of its docks by private charter operations under certain conditions, when WETA vessels are not available to provide the services or can provide the service on a limited basis.
After WETA was created in 2007, consolidating the San Francisco Bay Area regional ferry services, the City and WETA entered into a Ferry Service Operations Transfer Agreement (Transfer Agreement) in April 2011, for the Harbor Bay and Main Street Ferry Terminals. Under the Transfer Agreement, WETA is responsible for maintenance and operation of the waterside assets while the City is responsible for the landside assets. The Transfer Agreement requires the City’s consent to the Landing Rights Agreement between WETA and Tideline.
DISCUSSION
The land-based portion of the Harbor Bay Ferry Terminal is owned by HBIA, which has in turn granted the City an easement for the land-based portion and assigned the City its license for the docking areas. The City’s authority to grant WETA docking rights under the Transfer Agreement is pursuant to the rights received from HBIA. The consent of both the City and HBIA is, therefore, required for the WETA/Tideline Marine Group Landing Rights Agreement to become effective. On January 3, 2019, HBIA consented to the Landing Rights Agreement between WETA and Tideline.
Tideline submitted a request to WETA for permission to conduct small vessel private charter landings with the vessel Osprey at WETA’s Harbor Bay Ferry Terminal for a six-month demonstration period. The service would be operated between South San Francisco and the Harbor Bay Ferry Terminal on weekdays and involve two morning trips and two evening trips. The service would be operated for the exclusive use by Exelixis’ employees.
WETA has reviewed Tideline’s request and determined that limited landings can be accommodated at the Harbor Bay terminal for the specific purposes requested in Tideline’s application. WETA also determined that Tideline meets the Policy guidelines. At its September 6, 2018 meeting, the WETA Board of Directors approved Tideline’s request and authorized its Executive Director to grant a permit to Tideline, subject to completion of final requirements and negotiations with Tideline, and subject to any additional requirements of and approvals by the City of Alameda and Harbor Bay Isle Associates. At the same meeting, the Board also adopted the Policy for private charter ferry landings at WETA ferry terminal facilities. The Board’s discussion focused on the following final requirements and issues:
1) The Harbor Bay Ferry Terminal is designed for large ferry boats. Tideline needed to modify its smaller vessel with a ramp to allow for easier boarding between the terminal and the vessel. Tideline indicated that it received United States Coast Guard (USCG) approval of the modifications on August 29, 2018, but had not yet provided a copy of the USCG Certificate of Inspection (COI) to WETA as of WETA’s September 6, 2018 meeting. Consequently, WETA’s Resolution refers to an outstanding issue related to safety that must be addressed before a final permit is issued.
Since then, Tideline has provided WETA with the COI and an email from the USCG that it had approved the use of the new platform design (Exhibit 2). Tideline also conducted a final simulation (“fit-up”) of the vessel docking with the Harbor Bay Terminal to ensure that the vessel modifications are sufficient. WETA has confirmed that Tideline has satisfied the outstanding safety issues related to the COI and fit-up.
2) Tideline will need to obtain both City and HBIA consent for the rights to be granted to Tideline Marine Group under the Landing Rights Agreement.
3) WETA’s policy requires that applicants meet accessibility standards equivalent to those that WETA applies to its own service and facilities. The vessel Osprey does not meet that standard, as passengers will need to navigate a set of stairs from Tideline’s new on-board ramp to the vessel deck. While this is not sufficient to meet WETA’s access standards, the WETA Board authorized the landing with an exception as this is a private charter and it is Exelixis’ responsibility to meet any accessibility requirements related to this employee benefit. The company will provide additional alternative modes of transportation for their commuting employees that could be used in case accessibility on the vessel becomes an issue. It was on this basis that WETA staff recommended approval of Tideline’s request with an exception to the accessibility requirement in WETA’s policy. After the six-month pilot program, WETA will revisit the accessibility concerns.
4) According to WETA’s adopted policy for private charter landings, an applicant must “provide assurances to minimize the risk of labor disputes and satisfy applicable living wage standards.” Tideline has agreed to this language and is working towards an agreement with the Inlandboatmen’s Union of the Pacific. In addition, Tideline will require all of its crew members to have a Transportation Worker Identification Credential (TWIC) as a safety requirement. WETA considers Tideline in compliance with this requirement.
The City is supportive of alternative transportation modes that reduce auto traffic, and defers to WETA regarding all waterside impacts and considerations. The City’s primary landside consideration would be any potential impacts to parking, none of which are expected with Exelixis’ current plan. Exelixis employees would park their cars in South San Francisco to catch the ferry because it would only serve the commute to Exelixis’ offices in Alameda (to Alameda in the mornings/to South San Francisco in the evenings). An Exelixis shuttle will transport the employees to and from Exelixis’ offices no parking impacts at the Harbor Bay Ferry Terminal.
With WETA’s approval of the waterside use and with no impacts to the City’s landside assets, including the parking lot, staff recommends that the City Council adopt a resolution authorizing the Interim City Manager to consent to the Agreement between WETA and Tideline for a six-month demonstration period.
FINANCIAL IMPACT
The proposed action will support a major employer in Alameda and the City’s tax base. The ferry service will be privately funded with no financial contribution to or from the City.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the following policies in the City’s General Plan:
• Guiding Policy 2.8a, Business Parks and Industrial Areas - Support development of Harbor Bay Business Park consistent with existing approvals and agreements.
• Transportation Plan, Policy 4.1.1.g: Work with appropriate regional agencies to identify the feasibility of developing presently unavailable alternative modes such as citywide and regional light rail, expanded ferry options and Bus Rapid Transit.
• Transportation Plan, Policy 4.3.4.a: Work with major employers to accommodate and promote alternative transportation modes, flexible work hours, and other travel demand management techniques and require that appropriate mitigation be funded through new development if a nexus exists.
This action is consistent with the following strategies in the City’s Transportation Choices Plan:
• Implementation Strategy 12-Transportation Partnerships with Existing Businesses and Residents-to reduce drive alone trips within and to areas outside of Alameda.
• Implementation Strategy 23-Increase Frequency and Span of Service for Ferry Service.
This action is also consistent with the City’s Economic Development Strategic Plan:
• Strategy 7.1-pursue finding to implement the 39 transportation projects and programs in the Transportation Choices Plan-including leveraging opportunities to expand water-based transportation options and enhancing links and direct access to regional transportation hubs such as ferry terminals.
ENVIRONMENTAL REVIEW
This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15301 (minor expansion of existing facilities). The proposed private ferry service involves two, one-directional morning trips (from South San Francisco to Harbor Bay) and two, one-directional evening trips (from Harbor Bay back to South San Francisco). This is in addition to WETA’s five existing morning routes and three evening routes at Harbor Bay. The proposed project does not include any physical changes to the facilities.
RECOMMENDATION
Adopt a Resolution authorizing the Interim City Manager to execute the Landing Rights Agreement License to land at Harbor Bay Ferry Terminal by and between San Francisco Bay Area Water Emergency Transportation Authority and Tideline Marine Group.
Respectfully submitted,
Debbie Potter, Base Reuse and Community Development Director
By,
Eric Fonstein, Development Manager and Scott Wikstrom, City Engineer
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Landing Rights Agreement
2. Certificate of Inspection
3. Letter Regarding ADA Compliance