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HomeMy WebLinkAboutItem 5c - Transit Agreement Extension Between City of SLO and CalPoly for FY21-22 Item 5c Department: Public Works Cost Center: 5201 For Agenda of: 8/24/2021 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Austin O’Dell, Interim Transit Manager SUBJECT: TRANSIT SERVICE AGREEMENT EXTENSION BETW EEN THE CITY OF SAN LUIS OBISPO AND CAL POLY FOR FISCAL YEAR 2021-22 RECOMMENDATION Authorize the City Manager to execute a Transit Services Agreement Extension with Cal Poly for Fiscal Year 2021-22. DISCUSSION Background Since 1985, California State Polytechnic University (Cal Poly) and the City of San Luis Obispo have maintained a Transit Service Agreement (TSA) to allow Cal Poly to access the City's transit (SLO Transit) services. Through this Agreement, Cal Poly has paid an annual service fee to the City in exchange for a zero-fare program that allows students, staff, and faculty to ride SLO Transit at no charge to the rider. A valid Cal Poly Identification Card must be presented to participate in a zero-fare ride. City Council approved the last long-term TSA with Cal Poly in 2011 which expired in 2016. One year service extensions have been executed annually while both agencies work to negotiate a new Transit Services Agreement. The Agreement encourages students, faculty, and staff to make use of alternative transportation as a means of travel. Cal Poly trips represent approximately 65% of the annual trips on SLO Transit. Historically, the University has compensated the City for transit services from its Parking & Forfeitures Fund and with no direct contribution from students, staff, and faculty. Transit Service Agreement Negotiations Cal Poly and the City have been in negotiations for a new long-term TSA for many years. The City’s primary position during these negotiations for a new long-term TSA is that Cal Poly should pay a larger share since Cal Poly consumes about 65% of the rides SLO Transit provides, requires a high level of service and data exchange, and obtains rides at a cost of roughly 60% of the standard consumer rate. It should be noted that the standard customer rates only funds 43% of the actual operation cost excluding necessary capital cost for items such as bus replacement and facility maintenance. Page 19 of 271 Item 5c Fortunately, transit services are heavily subsidized by both State and Federal funds to be able to provide a high level of service to the community at low rates, but the State does require that transit service revenue meet or exceed 20% of their operating costs from farebox revenue. Cal Poly’s TSA funding is vital to the City to maintain the State mandated farebox ratio in order to remain eligible for State transit funding. Transit Service Agreement Extension 2021-22 The pandemic has had large impacts to both Cal Poly and Transit Service operations. So far during COVID 19, Cal Poly classes have been primarily virtual and transit use by the community has been greatly reduced. Due to these changes in use over the last year and a half, neither Cal Poly nor the City know how quickly Cal Poly’s use of the transit services will rebound over the course of 2021-22. Due to this uncertainty, continuing with the status quo agreement, since 2016 and approving another one-year extension meet both agencies’ needs for FY 2021-22. The proposed agreement extension will provide Cal Poly students, faculty, and staff transit service until June 30, 2022, upon presentation of valid Cal Poly Identification Card at no cost to the rider. Cal Poly will fund the City with a total amount of $537,500 pai d quarterly in the amount of $134,375. Below is table that show Cal Poly’s previous annual transit service funding contributions. Fiscal Year Cal Poly Transit Service Funding Amount 2011-12 $380,000 2012-13 $395,200 2013-14 $403,104 2014-15 $415,197 2015-16 $427,653 2016-17 $440,482 2017-18 $453,697 2018-19 $517,611 2019-20 $533,139 2020-21 $150,000* 2021-22 $537,500 *Funding reduced due to reduced demand during pandemic During the FY 2021-22, the City and Cal Poly will continue to negotiate a new longer term Transit Service Agreement as both agencies will better understand transit trends coming out of the pandemic. Prior to the expiration of this one-year extension, staff will return to Council with either a mutually agreeable transit partnership agreement that reflects payment for services provided and investment in infrastructure or a recommendation to not extend the Transit Service Agreement with Cal Poly and identification of what the impacts of that would be. Page 20 of 271 Item 5c Previous Council or Advisory Body Action City Council approved the Transit Service Agreement with Cal Poly on September 20, 2011. This agreement expired on June 30, 2016. City Council has approved transit service extensions with Cal Poly on August 15, 2016, June 27, 2017, and July 15, 2019, and July 21, 2020. Policy Context Approving this extension will allow the conformance with the financial and operating assumptions in the City’s adopted Short Range Transit Plan. In add ition, approving this extension will advance Major City Goal work programs for Climate Action, Open Space and Sustainable Transportation as well as Diversity, Equity and Inclusion Public Engagement No public engagement is necessary as this is considered to be an administrative item. CONCURRENCE Cal Poly concurs with the Transit Service Agreement Extension as presented to Council for the Fiscal Year 2021-22. ENVIRONMENTAL REVIEW The California Environmental Quality Act (CEQA) does not apply to the recommended action in this report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378. FISCAL IMPACT Budgeted: Yes Budget Year: 2021-22 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost Transit Fund N/A State N/A Federal N/A Fees N/A Other: N/A Total Page 21 of 271 Item 5c During the 2021-23 Financial Plan process, the Transit Fund assumed that a new long - term agreement with Cal Poly would not be in place due to the impacts of COVID-19. This extension provides the City with certainty of $537,500 of funding, as both the City and Cal Poly reopen and negotiate a longer-term agreement. The Cal Poly funding is an important revenue component for the Transit Fund and represents a significant portion of the locally generated farebox revenue to meet the State mandated 20% local revenue contribution. With the Cal Poly contribution intact for FY 2019-20, SLO Transit achieved a 18% ratio despite the lock-down in the last quarter of the fiscal year. However, given the reduction for FY 2020-21 (see page 2), local revenue will be far below the required ratio. Fortunately, this farebox ratio requirement has been suspended due to the pandemic. When the current health crisis ends, the State will likely reinstate the farebox ratio mandate of 20%. Transit operators will have three years to comply with the State mandate. Cal Poly’s revenue is a vital part of the Transit Enterprise Fund’s strategy to achieve the locally generated revenue amounts to remain eligible for State transit funding usually accounting for 70% of the farebox revenue. ALTERNATIVES 1. Deny/Defer FY 2021/22 Transit Agreement Extension. City Council may choose to deny or defer the University Transit Subsidy Agreement. Staff does not recommend this alternative as the impact of this alternative would significantly reduce ridership and revenues. As previously mentioned, both the City and Cal Poly agree to the terms of the new subsidy agreement. The continuation of the program helps foster the continued partnership of this mutually beneficial program. 2. Direct Staff to alter the fee schedule to some other level. Staff does not recommend this alternative as both the City and Cal Poly agree to the terms of the new subsidy agreement. The continuation of the program helps foster the continued partnership of this mutually beneficial program. ATTACHMENTS A – Cal Poly 2011-16 Transit Agreement with Extensions B – Fourth Transit Service Agreement Extension Page 22 of 271 Page 23 of 271 Page 24 of 271 Page 25 of 271 Page 26 of 271 Page 27 of 271 Page 28 of 271 R 11154 RESOLUTION NO. 11154 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION OF THE 2011-2016 TRANSIT SUBSIDY AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL POLY WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO Transit, a municipal public transit system; and WHEREAS, California Polytechnic University (referred hereinafter as the Cal Poly) is situated in an unincorporated area of San Luis Obispo County (hereinafter referred to as the County), immediately adjacent to the City, within the jurisdiction and service area of the County; and WHEREAS, since 1985, the City has received a subsidy from Cal Poly in accordance with a written transit subsidy agreement to allow Cal Poly students, staff, and faculty with valid Cal Poly identification to board any bus operated by SLO Transit without paying a fare; and WHEREAS, the parties most recently entered into a long-term transit subsidy agreement with a 2011-2016 term (hereinafter referred to as the 2011-2016 Subsidy Transit Agreement), which has been extended by the parties three (3) times; and WHEREAS, the third extension to the 2011-2016 Transit Subsidy Agreement expired on June 30, 2020; and WHEREAS, the parties have attempted to negotiate and finalize a new long-term transit subsidy agreement, but those efforts have been delayed due to unforeseen circumstances and complexities including changes to ridership levels and the impacts of COVID-19; and WHEREAS, the parties agree that executing an additional one (1) year extension to the 2011-2016 Transit Subsidy Agreement, including all of its terms and conditions, serves the best interest of the parties, namely providing Cal Poly students, staff, and faculty continued subsidized access to SLO Transit while the parties negotiate and finalize a new long-term transit subsidy agreement; and WHEREAS, the City and Cal Poly desire to continue the program and have jointly developed a mutually acceptable solution. Page 29 of 271 Resolution No. 11154 (2020 Series) Page 2 R 11154 NOW THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute the one (1) year extension to the parties’ 2011-2016 Transit Subsidy Agreement and approve any amendments during the term of the extended 2011-2016 Transit Subsidy Agreement. Upon motion of Council Member Christianson, seconded by Council Member Stewart, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 18th day of August 2020. Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. Teresa Purrington City Clerk Page 30 of 271 Page 31 of 271 Page 32 of 271 Page 33 of 271 Page 34 of 271