PREPARED BY: Karineh Samkian DATE OF MEETING: 05/06/19
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING THE AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT (JEPA) BETWEEN THE ALAMEDA-CONTRA COSTA TRANSIT DISTRICT AND THE PARTICIPATING ENTITIES (INCLUDING SAN PABLO) REGARDING BUS SHELTER MAINTENANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO FUTURE AGREEMENTS TO EFFECTUATE THE PURPOSES OF THE JEPA
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
The amendment to the bus shelter maintenance agreement is an adopted policy item under Major Policy Goal: Build a Healthy Community - 100.11 Develop Public Facilities for Active Living in the Fiscal Year 2019-21 Council Priority Workplan, effective March 1, 2019.
CEQA Compliance Statement
Under the California Environmental Quality Act (CEQA), amending the Joint Exercise of Powers Agreement (JEPA) for bus shelters and any resulting amendment to or new bus shelter maintenance agreement have been determined to be categorically exempt under Sections 15301 - Existing Facilities, 15302 - Replacement or Reconstruction, and 15303 - New Construction or Replacement of Small Structures of the CEQA Guidelines on the basis that the JEPA stipulates maintenance of the City’s existing bus shelters, and potential future replacement or construction of new bus shelters. A Notice of Exemption will be filed with the County Clerk if the resolution passes.
BACKGROUND
Existing JEPA
In 1998, the Alameda-Contra Costa Transit District (District) and eight municipalities (Participating Entities) entered into a Joint Exercise of Powers Agreement (JEPA) for the purpose of obtaining a contractor to maintain the existing bus shelters, to locate new bus shelters, and to participate in a Transit Shelter Advertising Program (See Attachment 2). The group consisting of the County of Alameda, and the cities of Albany, Berkeley, Emeryville, Fremont, Hayward, Newark, and San Leandro, received a Bay Area Air Quality Management District grant which funded a project manager to obtain a contract with a company to install and maintain bus shelters. (Unlike a Joint Powers Agreement that establishes a separate public agency, a JEPA does not establish a separate entity but is a mechanism for multiple public agencies to act together for a common purpose.)
In 1999, a contract was executed with Lamar Outdoor Corporation (See Attachment 3) and the District served as the administrator of the contract. The ongoing administrative costs, as well as the cost for the maintenance of the bus shelters is covered by the advertising revenue from the bus shelters.
The City of San Pablo (City) separately contracted with various companies to maintain the City’s bus shelters in exchange for the contractor placing advertisements in the shelters. In 2003, at the request of a few municipalities, the JEPA was amended to include San Pablo, Alameda, and Richmond, and to remove Emeryville (See Attachment 4). The group meets as needed and the City works directly with the District if there are maintenance concerns or other issues.
In 2008, the District executed a consent to assignment from Lamar to Clear Channel Outdoor, Inc. (See Attachment 5). In 2009, the contract with Clear Channel was amended to extend the term and make other modifications (See Attachment 6). Clear Channel maintains 22 bus shelters in the City.
Proposed JEPA Amendment
The contract with Clear Channel expires at the end of 2019 and the District will release a Request for Proposal for the maintenance of the existing bus shelters and the installation of new bus shelters. The contract expiration, in addition to some member changes, prompted the District to amend the JEPA. The Participating Entities submitted comments on the proposed changes and the District is soliciting approval from Participating Entities on the draft JEPA Amendment (See Attachment 1) before requesting approval by their Board. The proposed changes include:
§ Adding the City of Oakland
§ Removing the City of Alameda
§ Having a three-member contractor selection committee with one member from the District and two members from the other Participating Entities (currently the selection committee is one member from each Participating Entity). City staff intend on serving on the committee
§ Increasing the number of bus shelters from 500-600 (mostly in Oakland)
The resolution also authorizes the City Manager to enter into future agreements to effectuate the JEPA in case additional agreements are needed with the bus shelter contract.
FISCAL IMPACT
There is no direct cost to the City associated with this action. The selected contractor will pay the District a fee for administering the bus shelter contract on behalf of the Participating Entities and the contractor will receive advertising revenue from the bus shelters to cover their maintenance costs.
ATTACHMENTS
Attachment 1 - Exhibit 1: JEPA 2nd Amendment Draft
Attachment 2 - 1998 JEPA Executed 080398
Attachment 3 - Contract with Lamar Outdoor Corporation 110999
Attachment 4 - JEPA 1st Amendment 041003
Attachment 5 - Consent to Assignment from Lamar to CCO
Attachment 6 - Contract with Clear Channel Outdoor, Inc. 092909