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2010-01-05 Power PointAlameda Point Development Initiative Election Report Presentation Joint Meeting Alameda Unified School District and City of Alameda January 5, 2010 Presentation Goals I. Initiative Process II. Chronology of Process III. Contents of Initiative IV. School Implications V. Executive Summary I. Initiative Process Initiative Process A. Ballot Box Planning California History of "Tax Initiatives" Adoption, Amendment or Repeal of Land Use Regulations Measures Seek "Yes" or "No" for a P articular Project, in Total Measure B Seeks "Yes" for Project as Defined and Described in Initiative I. Initiative Process (cont.) B. Process Overview Submission of the Initiative Petition Ballot Title and Summary Notice to Circulate Secure Signatures Qualify, Certified and Set for Election I. Initiative Process (cont.) C. Initiative Amendments Not Developer Specific Approved as a Holistic Document and Component Parts Amendment to Initiative Submitted only by Developer (or Significant Landowner) to City Council Cannot Reduce $200M Public Benefit Expenditure 0 0 Cannot Increase Number of Units Cannot Increase Non Residential Building Square Footage I. Initiative Process (cont.) E. Election Results If Fails, then Initiative Has No Legal Effect If Passes, then Law within 10 Days of Certification of Results Within 5 Days of Certification, Development Agreement Must Be Executed by a Party (Other than Government Entity) with Legal or Equitable Interest in Real Property II. Chronology of Process II. Chronology of Process 10 July 20,2007m 0 ENA Executed SunCal /ARRA 2. October 3, 2007m. Update on AP Project 3. October 16, 2007m. ARRA Establishes AP Advisory Task Force 4. March 5, 2008m. 1St ENA Amendment Extends Milestones Creates Developer Consultant Account II. Chronology of Process (cont.) 5. July 1, 2008: Update on AP Project 6. September 10, 2008: Presentation of Draft Development Concept 7. October 6, 2008m. 2nd ENA Amendment Transfer of Ownership Interest SunCal to DE Shaw Additional Performance Milestones 8. January 7, 2009m. Presentation of Draft Master Plan to City Council II. Chronology of Process (cont.) 9. March 26, 2009 Initiative Submitted to City Clerk 10. Apri12`11"' 1, 2009 C -ity C ouncil D"` irects S taff to Prepare Election Reports, Parts I and II 11. October 15, 2009 Initiative Qual'if'ies 12. November 3, 2009 -City Council Calls for Election February 2nd III. Contents of Initiative rfontents of Initiative A. Summary of Initiative Administrative /Regulatory Provisions Alameda Point Specific Plan General Plan Amendments (Community Plan) Revised Zoning Map and Text Amendments Charter Amendment Development Agreement III. Contents of Initiative (cont.) 1 r ig 7 rt r %=OEi AIN Op ti x k4 Y e 01 1 A ura 1 -2- Plan Area N ot to Scale Noah B. Land Use Program III. Contents of Initiative (cont.) B. Land Use Program (cont.) Housing 4,841 -Unit Cap 4,346 new housing units 186 existing low -cost housing units (Alameda Point Collaborative) Reuse of existing buildings for up to 309 units III. Contents of Initiative (cont.) B. Land Use Program (cont.) Housing Amends City Charter to allow. Housing types ranging from single family detached to multi family Residential densities from 10 units per acre to 70 units per acre Reuse of existing buildings for multi family 60 -foot height limit (5 stories) III. Contents of Initiative (cont.) B. Land Use Program (cont.) Housing Improves Ability to Meet Its RHNA Affordable Housing Program Commits minimum of 15% inclusionary housing (approximately 700 units) Settlement agreement requires 25% (approximately 1,160 units) III. Contents of Initiative (cont.) B. Land Use Program (cont.) Housing Density Bonus State density bonus applies to project Pursuant to State law, with density bonus, units may exceed 4,841 -unit cap III. Contents of Initiative (cont.) B. Land Use Program (cont.) Non Residential /Commercial 3.79 million square feet of non residential 3.18 million s.f. commercial, including 500,000 s.f. within existing buildings 350,000 s.f. retail 260,000 s.f. civic uses (government offices, schools) 600 marina boat slips 60 -foot height limit (5 stories) III. Contents of Initiative (cont.) B. Land Use Program (cont.) Open Space 0 145 acres total 9 0 9 Neighborhood (12 acres) Community (17 acres) Linear Open Space (9 acres) Seaplane Lagoon (23 acres) Enterprise Park (24 acres) Sports Complex (60 acres) Flute #-1: Conceptual Open Space Framework (ILLUSTRATIVE ONLY) NJt�r �h III. Contents of Initiative (cont.) B. Land Use Program (cont.) Environmental Impact Report D isposition and Development A greement III. Contents of Initiative (cont.) B. Land Use Program (cont.) Required Subsequent Approvals Pattern Book Historic Resource Design Guidelines Transportation Demand Management Plan (TDMP) Master Demolition, Infrastructure and Grading Plan Subdivision of Land III. Contents of Initiative (cont.) C. Development Agreement Parties: City and person with legal or equitable interest in property Term: 25 years plus extensions Development Rights: Per Initiative P hasing: Order, rate and time at developer's sole discretion III. Contents of Initiative (cont.) C. Development Agreement (cont.) Exactions: Waiver of development impact fees Public Benefits: $200M cap, public financing contingency Financing: 2% total cap on all taxes and assessments F i Neutrality: Cooperate iscal n good faith to achieve Transfer of Rights: Transfer rights without City approval III. Contents of Initiative (cont.) D. Fiscal Impacts Fiscal Neutrality City resolution requires it Initiative commits to "Good Faith Effort to Achieve" No guarantees in Initiative III. Contents of Initiative (cont.) D. Fiscal Impacts (cont.) Impacts on Capital Budget Public benefits broadly defined Public benefits include improvements typically considered project requirements (e.g., neighborhood parks and on -site streets) III. Contents of Initiative (cont.) D. Fiscal Impacts (cont.) Impacts on Cap'ltal ud g et (cont.) Public benefits capped at $200M (PV) Contingent on 100% of available 80% non housing tax increment financing Contingent on Community Facilities District assessment financing CEQA mitigations included in this amount All assessment financing cannot exceed 2% levy on property III. Contents of Initiative (cont.) D. Fiscal Impacts (cont.) "Public Benefits" include: Sports complex ($50M) Parks and open space ($34.2M) Seaplane lagoon frontage ($24.5M) Bay Trail extension ($3.3M) On -site and off -site traffic and transit improvements ($223.7M) Ferry terminal and transit hub ($18M) Upgrades to existing fire station ($6M) Branch library ($12M) III. Contents of Initiative (cont.) Table 2 Exempted City Impact Fee /Exactions Description and Revenue Alameda Point Development Initiative PURPOSE AND USE OF EXEM PT ED RELEVANT ORDINANCE PROVIDED FEE CATEGORY FEE REVENUE FEE REVENUE EXEM PTIONS /CREDITS PROJECT RELATED BENEFITS Affordable Housing requirement or fee levied $10,990,000 Reduction, adjustment or w aiver subject to A minimum of 15 percent of housing in the project w ill Housing Fee on commercial development to Director of Development Services discretion, be developed as affordable housing or approximately (AMC 27 -1) mitigate the housing impacts based on absence of reasonable 652 units. This helps to meet a separate 25 percent caused by new commercial and relationship between impacts of CIC inclusionary requirement, not Affordable Housing industrial development. development and amount of fee charged. Fee requirement. Construction Tax on all construction to provide $29,950,000 Credits Persons w ho have entered into a Developer agrees to cooperate in good faith in the Improvement General Fund revenue that may development agreement approved by the implementation of the City's fiscal neutrality policy. Tax be used to defer any of the cost Council w herein that person agrees to (AMC 3 -62) of municipal services generated contribute to any of the costs associated by the development of property. with development shall receive a credit These funds have historically against this tax as provided in the been used to fund maintenance of agreement. streets, sidewalks, park faci Dwelling Unit Tax on all residential dwelling $6,640,000 Land Dedication In Lieu of Payment No Included in $200 million, which is contingent on Tax units to fund construction of a person shall be required to both dedicate commitment by City of public financing, developer (AMC 3 -60) library facility (1/6 of funds) and real property and also pay the tax for such expects to construct a branch library and 145 acres park and recreation facilities, improvement. of park and open space. including real property (the balance of funds). III. Contents of Initiative (cont.) Table 2 (cont.) Exempted City Impact Fee /Exactions Description and Revenue Alameda Point Development Initiative PURPOSE AND USE OF EXEM PT ED RELEVANT ORDINANCE PROVIDED FEE CATEGORY FEE REVENUE FEE REVENUE EXEM PT I ONS /CREDITS PROJECT RELATED BENEFITS Cityw ide Fees charged to mitigate the Development impact of new and expanded Fee development to pay for specific (AMC 27 -3) (1) traffic /safety and 21 -21.1- transportation; (2) parks and 21.21.3) recreation facilities, (3) public facilities, and (4) public safety projects listed in Exhibit B of the Nexus Stud Construction Fee required to haul construction Demolition and demolition debris, w hich helps Hauler Fee City fund recycling programs and (AMC 21 -20.3; impacts to streets due to hauling. 21 -21.1- 21.21.3) TOTAL* $34 Credit Whenever a developer constructs a Included in the $200 million cap on public benefits, the public facility described in Exhibit B to the Initiative identifies construction of the Alameda Point CDF Nexus Study, w hich is determined by Sports Complex, and renovation of the Alameda Point the City to have supplemental size, length or Gym as public benefit projects; both facilities are on capacity over that needed for the impacts of Exhibit B of the CDF Nexus Study. that development, a reimbursement ag $650,000 $82 NONE There is insufficient information in the Initiative to determine w hether the project w ill fund the off -site reconstruction of any streets affected by the hauling of construction and demolition debris related to the development of the project. Developer eligible for credits for some portion of these fees in accordance with the City's existing ordinances, estimates to be approximately $30 million. III. Contents of Initiative (cont.) D. Fiscal I m P ac t s (cont.) Impacts on Operational Budget Estimated negative impact to Citywide operations and maintenance at buildout ($4.8M annually) 2% cap on all taxes and assessments limits capacity to achieve fiscal neutrality 1. Public safety services 2. Maintenance and operations of public infrastructure, including on -and off-site public benefits 3. Landscape and lighting 4. Existing ad valorem and special taxes (e.g., hospital, school, sewer) III. Contents of Initiative (cont.) E. Traffic Traffic Analysis Components Alameda County Congestion Management Agency (ACCMA) travel demand model SYNCHRO operational model URBEMIS model III. Contents of Initiative (cont.) E. Traffic (cont.) ACCMA Model Input Traffic Analysis Zones (TAZ) Street &Transit Networks ABAG Housing Socioeconomic data Proposed Land Uses Street Capacity III. Contents of Initiative (cont.) E. Traffic (cont.) TA Map III. Contents of Initiative (cont.) E. Traffic (cont.) 0 TA Map III. Contents of Initiative (cont.) E. Traffic (cont.) ACCMA Model Output Traffic volumes Travel Time Speed III. Contents Initiative Traffic ACCMA Model 4 Step Model for Traffic Assignment III. Contents of Initiative (cont.) E. Traffic (cont.) SYNCHRO Operational simulation model Level of Service (LOS) Queues Delays III. Contents of Initiative (cont.) E. Traffic (cont.) UR EMIS Traffic Model Transportation Demand Management (TDM) program inputs Calculates trip reductions for site specific TDM program III. Contents of Initiative (cont.) E. Traffic (cont.) T raffic Impact Analysis Three Scenarios of 2035 Conditions. 1. Existing General Plan (GP) (2,000 HHs 2.3M commercial s-f-) 2. Initiative Proposed Project without TDM Measures 3. Initiative Proposed Project with TDM Measures III. Contents of Initiative (cont.) E. Traffic (cont.) Studied Locations Gateways 1. Webster /Posey Tubes 2. Park Street 30 High Street 4. Miller- Sweeney Bridge III. Contents of Initiative (cont.) E. Traffic (cont.) Studied Locations Intersections 1. Webster Street/Ralph Memorial Appezzato Parkway 2. Park Street /Clement Avenue 3. Tilden Avenue /Fernside /Blanding 4. Constitution Way /Marina Village Parkway 5. Sherman Street/Buena Vista Avenue 6. Park Street/Blanding Avenue 7. Stargell Avenue /Webster Street 8. Mariner Square Drive /Constitution Way III. Contents of Initiative (cont.) E. Traffic (cont.) Performance Indicators Gateways Traffic Volume Volume -to- Capacity Ratio Speed Travel Time Intersections LOS Delay Queue Length III. Contents of Initiative (cont.) E. Traffic (cont.) Traffic Volumes from AP (2035) Existing (2007) 10,284 vehicles per day (vpd) Existing GP 49,552 vpd Proposed Project w/o TDM 74,548 vpd Proposed Project w /TDM 61,560 vpd III. Contents of Initiative (cont.) E. Traffic (cont.) Commute Traffic Volume: Gateways Morning Conditions Increases 6.3 %for "Project with TDM" Increases 8.1% for "Project w/o TDM" Exceeds capacity for all scenarios except Miller Sweeney bridge (Fruitvale) Congestion in Tubes, diverts traffic to crossings, especially Park Street III. Contents of Initiative (cont.) E. Traffic (cont.) Commute Traffic Volume: Gateways Evening Conditions Increases by 4.2 for "Project with TDM" Increases by 5.3% for "Project w/o TDM" Exceeds capacity for all scenarios except Miller Sweeney bridge (Fruitvale) Congestion in Tubes, diverts traffic to crossings, especially Park Street III. Contents of Initiative (cont.) E. Traffic (cont.) LOS: Intersections Morning Conditions Same for "Existing GP" and "Project with TDIVI 55 Increased delays for "Project with TDIVI" scenario may require additional TDIVI Evening Conditions Unacceptable at 2 intersections for "Project with TDIVI" Increased delays for "Project with TDIVI" scenario III. Contents of Initiative (cont.) E. Traffic (cont.) Queues Morning Conditions Overall, no significant increase in queue lengths Exceptions Increased queues at 3 locations Exception Decreased queues at 1 intersection III. Contents of Initiative (cont.) E. Traffic (cont.) Queues Evening Conditions Increased queue lengths at 4 intersections Reduced queues at Constitution Way /Marina Village Parkway III. Contents of Initiative (cont.) E. Traffic (cont.) Travel Times Greater for both peak hours for "Project with TDM" Greatest for "Project without TDM" is Reverse commute stays the same or improves with "Project with TDM" III. Contents of Initiative (cont.) E. Traffic (cont.) Other F'ind'ings For all performance indicators, "Project without TDM" generates greatest traffic M mpacts "Project with TDM" reduces impacts, but has greater impacts than "Existing GP" TDM program is essential to address project's traffic impacts No specific TDM program or monitoring is M dentified III. Contents of Initiative (cont.) E. Traffic (cont.) Other F'ind'ings Undefined development phasing affects ability to develop an effective TDM program TDM elements by future approvals of EIR and TDMP $200M public benefit cap may be insufficient to meet TDM needs TDM operations and maintenance limited by 2% tax rate cap and may be insufficient to cover full costs III. Contents of Initiative (cont.) F. Schools Two Potential School Sites Shown in Illustrative Plan Public Schools Are Permitted o r Conditionally Permitted in All Land Use Categories, except Public Trust Areas Spec'if'ic Plan, Chapter 1 States Civic Uses Include a School Specific Plan, Chapter 8 States the Plan Allows for an Elementary School III. Contents of Initiative (cont.) F. Schools con t.) ai i ad i. ff 4- i.. WIN= VAR a 4T tr= t P 0 AL-L'. i l k 111 Y r 11 f� r .4 III. Contents of Initiative (cont.) F. Schools con t.) Construction Costs Planning, Design and Construction AUSD Potential Construction Funding Sources 1. School mitigation fees (statutory requirement) 2. Property assessments (within 2% cap) 3. State match (only with increasing enrollment) 4. General Obligation Bonds (AUSD debt service) III. Contents of Initiative (cont.) F. Schools (cont.) Operation Costs Operations and Maintenance AUSD Potential O &M Funding Sources: 1. State funding 2. AUSD budget 3. Property assessments (within 2% cap) IV. School Implications IV. School Implications is AUSD Held Several Meetings with SunCal to Address School Impacts Given Preliminary Estimate of 1,650 Students (K -12) Generated by Project AUS and SunCal Unable to Reach Agreement to Date V 9 ns Implications of Initiative No guarantee that any schools will be built Does not address how potential school sites will be determined Sites shown may not be appropriate Unclear how phasing and funding shortfalls for new facility construction W'111 be addressed School Mitigation Fees $25M (est.) Total School Improvement Cost $90M (est.) Potential Gap $65M V. Executive Summary V. Executive Summary Initiative Multi- Faceted in Components Land use program Financing restrictions Development approval process Voters Approve Initiative as Written V. Executive Summary Side Agreements /Amendments Do Not "Trump" the Initiative Unclear as to Whether any RDA Provisions Can Be Legally Included in Development Initiatives Negotiated DA vs. Approved Voter Initiative