Loading...
HomeMy WebLinkAbout05 - Application for Expansion of the Balboa Peninsula Trolley ProgramPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN April 10, 2018 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Michael J. Sinacori, Assistant City Engineer PHONE: 949-644-3342 TITLE: Approval of Orange County Transportation Authority Grant Application for Expansion of the Balboa Peninsula Trolley Program and Approve Amendment No. Three with Professional Parking ABSTRACT - The Orange County Transportation Authority's (OCTA) under the Community Based Transit Circulators Program is offering grant opportunities to jurisdictions for new and expanded local transit services. Staff is requesting a City Council Resolution to support this grant opportunity to expand the Balboa Peninsula Trolley summer program from the previously approved grant of 10 -weekends to 15 -weekends. Staff is also requesting an amendment to the Trolley operator's contract to commensurate with the potential grant opportunity. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2018-20, A Resolution of the City Council of the City of Newport Beach, California, Approving the Submittal of the Balboa Shuttle Expansion Program Application to the Orange County Transportation Authority for Funding Under The Project V Community- Based Transit/Circulators Program; c) Authorize the City Manager to sign grant documents; and d) Approve Amendment No. Three with Professional Parking for the Balboa Peninsula Trolley Program allowing 10, 12 or 15 weekend schedules and direct the City Manager to proceed on the 15 -weekend schedule only upon approval of the grant. 5-1 Approval of Orange County Transportation Authority Grant Application for Expansion of the Balboa Peninsula Trolley Program and Approve Amendment No. Three with Professional Parking April 10, 2018 Page 2 FUNDING REQUIREMENTS: The grant request by the City to OCTA is $278,400 with the City minimum match of $69,600 ($348,000 total) for the expanded 5 -weekends of operation over the next 6 years. The new OCTA Project "V" Grant pays for up to 90 percent of infrastructure and operation and maintenance costs. Previously, the City was awarded a 10 -weekend, seven-year grant of $685,454, with the City minimum match of $93,471 ($778,925 total). Included in the proposed FY18/19 Capital Improvement Plan are the anticipated City matching obligations. DISCUSSION: The OCTA has created the Project V — Community Based Transit Circulators Program to enable jurisdictions to develop local transit services to meet the needs in areas not adequately served by regional transit. On February 12, 2018, OCTA put out a call for additional projects under this program and Staff has submitted an application for the expansion of the Balboa Peninsula Trolley from the original 10 -weekend program to a full 15 -summer weekend program (Memorial Day to Labor Day). The original grant envisioned starting the trolley on Memorial Day and running for ten weekends plus 4th of July. Upon further review by Council, the summer trial approved for last year was to run from mid-June until Labor Day weekend (12 weekends). On January 23, 2018, The City Council held a Study Session regarding the trial summer trolley program. Based on the ridership and community input, the first summer was a great success and well exceeded OCTA's expectations. Because of the success, the community requested expanding the trolley program to cover the entire summer (Memorial Day Weekend thru Labor Day). City Council indicated support for this expansion to a 15 -week program. This grant application requests a $348,000 expansion grant (5 -weekend per year for 6 years). The City's match is funded from the Balboa Village Parking Area Benefit District. Awarding of expansion funds is expected in June of 2018 in time for a start date of July 1, 2018. Staff believes that its grant application is strong and that it is likely to get funded. OCTA's grant guidelines have strict certification requirements with regards to supplanting funds and therefore Staff will direct this year's trolley operation to begin on Memorial Day and only authorize ten (10) weekends as approved in the original grant; with the modified route, stops and times reviewed at the January study session. If the City is successful for the expansion grant funds, Staff will then direct trolley operator to expand this summer's operation to Labor Day. An amendment to the trolley operation contract is needed at this time to allow the operator sufficient time to procure, plan and implement equipment and drivers. 5-2 Approval of Orange County Transportation Authority Grant Application for Expansion of the Balboa Peninsula Trolley Program and Approve Amendment No. Three with Professional Parking April 10, 2018 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2018-20 Attachment B — Amendment No. Three with Professional Parking 5-3 ATTACHMENT A RESOLUTION NO. 2018-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING THE SUBMITTAL OF THE BALBOA PENINSULA SHUTTLE EXPANSION PROGRAM APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS PROGRAM WHEREAS, the Community -Based Transit/Circulators Program ("Project V") establishes a competitive process to enable local jurisdictions to develop community- based local transit services that complement regional transit services and meet needs in areas not adequately serviced by regional transit; WHEREAS, the Orange County Transportation Authority ("OCTA") intends to allocate Project V funds for projects within the County of Orange and the incorporated cities therein; WHEREAS, the OCTA has established the procedures and criteria for reviewing applications for Project V funds as identified in the Project V Guidelines; WHEREAS, by adopting this resolution, the City Council of the City of Newport Beach authorizes the nomination of The Balboa Peninsula Shuttle Expansion Program, including all understanding and assurances contained therein, for funding under Project V; WHEREAS, the City of Newport Beach ("City") has been declared by the OCTA to meet the eligibility requirements to receive revenues ("Net Revenues") as part of the Renewed Measure M Transportation Ordinance and Investment Plan, County of Orange approved by the voters on November 7, 2006 ("Measure M2"); WHEREAS, the City must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Measure M2 eligibility requirement; WHEREAS, by adopting this resolution, the City Council of the City of Newport Beach authorizes a formal amendment to the City's seven-year Capital Improvement Program to add The Balboa Peninsula Shuttle Expansion Program as approved for funding upon approval from the OCTA Board of Directors; WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; 5-4 Resolution No. 2018 - Page 2 of 3 WHEREAS, the City will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; WHEREAS, the City will consult with the OCTA regarding the need for a paratransit plan prior to starting operations; WHEREAS, the City will provide matching funds for The Balboa Peninsula Shuttle Expansion Program as required by the Project V Guidelines and shall fund its share of the project costs and any additional costs over the identified programmed amount; WHEREAS, the City will not use Measure M2 funds to supplant developer fees or other commitments; and WHEREAS, the City will give the OCTA's representatives access to and the right to examine all records, books, papers or documents related to The Balboa Peninsula Shuttle Expansion Program. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize the submittal of The Balboa Peninsula Shuttle Expansion Program application to the OCTA for funding under Project V. Section 2: The City Council does hereby request that the OCTA allocate Project V funds in the amounts specified in City's application for The Balboa Peninsula Shuttle Expansion Program. Said funds shall be matched by funds from the City as required and shall be used as supplemental funding to aid the City in the implementation of the proposed transit service. Section 3: The City Council does hereby authorize a formal amendment to the seven-year Capital Improvement Program to add The Balboa Peninsula Shuttle Expansion Program as approved for funding upon approval from the OCTA's Board of Directors. Section 4: The City Council does hereby agree to provide matching funds for The Balboa Peninsula Shuttle Expansion Program as required by Project V Guidelines and shall fund City's share of the project costs and any additional costs over the identified programmed amount. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 5-5 Resolution No. 2018 - Page 3 of 3 Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED THIS 10th day of April, 2018. Marshall "Duffy" Duffield Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 5-6 ATTACHMENT B AMENDMENT NO. THREE TO SERVICE AGREEMENT WITH PROFESSIONAL PARKING FOR BALBOA PENINSULA TRANSIT SERVICES THIS AMENDMENT NO. THREE TO SERVICE AGREEMENT ("Amendment No. Three") is made and entered into as of this 10th day of April, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and PROFESSIONAL PARKING, a California corporation ("Contractor"), whose address is 2799 E 21St Street, Signal Hill, California, 90755, and is made with reference to the following: RECITALS A. On April 11, 2017, City and Contractor entered into a Service Agreement ("Agreement") to provide transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program ("Project," "Services," or "Work"). B. On July 24, 2017, City and Contractor entered into Amendment No. One to the Agreement ("Amendment No. One") to add Labor Day to the Project schedule for every year of the Agreement, and to increase and update the total compensation. C. On October 20, 2017, City and Contractor entered into Amendment No. Two to the Agreement ("Amendment No. Two") to increase the compensation for the Original Term (i.e. first year of the Agreement) for additional Services not contemplated at the time of Amendment No. One. D. The parties desire to enter into this Amendment No. Three to revise the term of the Agreement, to reflect amended Services and additional Services not included in the Agreement, as amended, to increase the compensation for additional Services not contemplated at the time of Amendment No. One or Amendment No. Two through an updated Program Fee Schedule, and to update the Project's Route Map, Stops, and Draft Schedules. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "The term of this Agreement shall commence on April 11, 2017 ("Effective Date"), and shall terminate on December 31, 2023, unless terminated earlier as set forth herein." 2. SERVICES TO BE PERFORMED Sections 2.1 and 2.2 of the Agreement are amended in their entirety and replaced with the following: Professional Parking Page 1 5-7 "2.1 Services. Contractor shall diligently perform all the Services described in the Scope of Services attached hereto as Exhibit B and incorporated herein by reference. City may elect to delete certain Services within the Scope of Services at its sole discretion. Upon annual written request from the Project Administrator as defined herein, Consultant shall provide a letter proposal confirming the annual schedule of Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A confirmation of the number of weeks that Contractor shall provide the Services for the current year; and 2.1.2 A Program Fee Schedule for Services for the current year, inclusive of any use of contingency funds for special events, etc., based upon one of the three projected operating scenarios as set forth in Exhibit D. 2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Consultant shall diligently perform the duties in the approved Letter Proposal. Any changes to the schedule for the current year will require a separate Letter Proposal accepted by City." Exhibit B to the Agreement, "Scope of Services," shall be amended as detailed in Exhibit B-1 attached hereto and incorporated herein. Exhibit B to the Agreement and Exhibit B-1 to this Amendment No. Three shall collectively be known as "Exhibit B." The City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. COMPENSATION TO CONTRACTOR Exhibit D to the Agreement is amended in its entirety and replaced with Exhibit D- 1 attached hereto and incorporated herein by reference. Any reference to Exhibit D or Exhibit D-1 to the Agreement or to any Amendment shall be deemed a reference to this Exhibit D-1 attached hereto. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Program Fee Schedule attached hereto as Exhibit D and incorporated herein by reference. Contractor's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Million One Hundred Twenty Four Thousand Nine Hundred Twenty One Dollars and 401100 ($1,124,921.40), without prior written amendment to the Agreement. This amount is inclusive of a City -allocated contingency in the amount of One Hundred Thousand Dollars and 001100 ($100,000.00) to allow for unforeseen costs or special events in order to meet the needs and demands of the public as approved by City's Project Administrator. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." Professional Parking Page 2 5-8 The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. Three, including all reimbursable items and subconsultant fees, and contingency in an amount not to exceed One Hundred Ninety Three Thousand Six Hundred Forty Six Dollars and 001100 ($193,646.00). 4. BALBOA PENINSULA TROLLEY ROUTE WITH STOPS Exhibit E to the Agreement is amended in its entirety and replaced with Exhibit E- 1 attached hereto and incorporated herein by reference. Any reference to Exhibit E or Exhibit E-1 to the Agreement or to any Amendment shall be deemed a reference to this Exhibit E-1 attached hereto. 5. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. To the extent there are any inconsistencies between this Amendment No. Three and the Agreement as previously amended, the terms of this Amendment No. Three shall govern. [SIGNATURES ON NEXT PAGE] Professional Parking Page 3 5.9 IN WITNESS WHEREOF, the parties have caused this Amendment No. Three to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: lis By: Aaron C. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: Professional Parking, a California corporation Date: By: Ralph Caldin President/Secreta ry [END OF SIGNATURES] Attachments: Exhibit B-1 — Scope of Services Exhibit D-1 — Program Fee Schedule Exhibit E-1 — Balboa Peninsula Trolley Route with Stops Professional Parking Page 4 5-10 EXHIBIT B-1 SCOPE OF SERVICES Contractor shall provide the following revised transit services for the Balboa Peninsula area as part of the Balboa Peninsula Trolley Program, in accordance with this Amendment No. Three. 1. Section 10 "Scheduling," of Exhibit B to the Agreement is amended in its entirety and replaced with the following: "City shall determine all scheduling. During the Term, Contractor shall avoid publishing scheduled times. However, City may change this schedule depending upon public feedback, usage, and costs." 2. Section 63, "On -Site Manager" is added to Exhibit B to the Agreement to read: "63. On -Site Manager. A manager will be on site from 1:00 p.m. to 9:30 p.m. each day the Service is in operation. The manager will ensure shuttles are all running at the same pace, are spaced out evenly and drivers get breaks without slowing down the trolley service." Professional Parking Page B-1 5-11 EXHIBIT D-1 PROGRAM FEE SCHEDULE City shall pay Contractor on an annual fixed lump sum capital cost plus an operating Vehicle Revenue Hour ("VRH") basis for all service. The calculation of these rates is made using the rate(s) listed below. City may vary the VRH to be provided under this Agreement within 25% of the annual estimates. If the amount varies by more than 25%, City and Contractor will renegotiate the hourly rate for that Agreement year. The City shall deduct from the invoice and other observation any penalties based upon City's determination of performance in relation to the penalties section of the Agreement. The Agreement proposal for services is as follows per schedule below: Year 1 (2017) Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) Years 2-7 (2018 - 2023): Fixed lump sum capital cost + Hourly Operating Rate for Standard Shuttle (wrapped) See below. Should the City request that the shuttles be replaced by Trollies during a future year, City and Contractor shall negotiate costs and equipment via written Amendment to this Agreement. Initial Year of Service (2017): Year 1 Actual Costs 2017 Capital Actuals Vehicle $ 10,000.00 GPS $ 2,080.00 Wrap $ 28,382.85 Subtotal $ 40,462.85 Hourly Rate $108.00 Operating $ 85,983.55 Grand Total $ 126,446.40 Professional Parking Page D-1 5-12 Operating Scenarios: Projected Shuttle Capital and Operating Costs 12 Operating Weeks (with Memorial Day, 4th of July and Labor Day) Capital 2018 Projected Shuttle Capital and Operating Costs 2019 2020 2020 2021 15 Operating Weeks (with Memorial Day, 4th of July and Labor Day) Total Capital $ 2018 2019 2020 2021 2022 2023 Total Vehicle $ 15, 000.00 $ 15,000.00 $ 16,000.00 $ 16, 000.00 $ 16, 000.00 $ 16, 000.00 $ 94,000.00 GPS $ 2,400.00 $ 2,500.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 15, 200.00 Wrap $ 25,000.00 $ 25,500.00 $ 26,000.00 $ 26,500.00 $ 27,000.00 $ 28,000.00 $158,000.00 Subtotal $ 42,400.00 $ 43,000.00 $ 44,500.00 $ 45,100.00 $ 45,600.00 $ 46,600.00 $267,200.00 Hourly Rate $ 100.00 $ 103.00 $ 106.25 $ 109.50 $ 113.00 $ 116.50 $ Operating $ 96,200.00 $ 99,758.00 $102,763.00 $106,667.00 $111,018.00 $114,869.00 $ 631,275.00 129.00 $ Operating $ 78,812.00 $ 82,034.00 $ Contingency $100,000.00 Grand Total $138,600.00 $142,758.00 $147,263.00 $151,767.00 $156,618.00 $161,469.00 $ 998,475.00 Projected Shuttle Capital and Operating Costs 12 Operating Weeks (with Memorial Day, 4th of July and Labor Day) Capital 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 Total Vehicle $ 15,000-00 $ 15,000-00 $ 16, 000.00 $ 16,000.00 $ 16,000.00 $ 16,000.00 $ 94,000.00 GPS $ 2,400.00 $ 2,500.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 15, 200.00 Wrap $ 25, 000.00 $ 25, 500.00 $ 26, 000.00 $ 26, 500.00 $ 27, 000.00 $ 28, 000.00 $158, 000.00 Subtotal $ 42,400.00 $ 43,000.00 $ 44,500.00 $ 45,100.00 $ 45,600.00 $ 46,600.00 $267,200.00 Hourly Rate $ 111.00 $ 114.50 $ 118.00 $ 121.50 $ 125.25 $ 129.00 $ Operating $ 78,812.00 $ 82,034.00 $ 79,400.00 $ 82,475.00 $ 91,173.00 $ 94,268.00 $508,162.00 $ 75,734.00 $ 84,684.00 $ 87,611.00 $470,13L00 Contingency $100,000.00 Grand Total $121,212.00 $125,034.00 $123,900.00 $127,575.00 $136,773.00 $140,868.00 $ 875,362.00 Projected Shuttle Capital and Operating Costs 10 operating Weeks (with Memorial Day, 4th of July and Labor Day) Capital 2018 2019 2020 2021 2022 2023 Total Vehicle $ 15,000.00 $ 15, 000.00 $ 16, 000.00 $ 16, 000.00 $ 16, 000.00 $ 16, 000.00 $ 94, 000.00 GPS $ 2,400. 00 $ 2,500.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 15, 200.00 Wrap $ 25,000.00 $ 25,500.00 $ 26,000.00 $ 26,500.00 $ 27,000.00 $ 28,000.00 $158,000.00 Subtotal $ 42,400.00 $ 43,000.00 $ 44,500.00 $ 45,100.00 $ 45,600.00 $ 46,600.00 $267,200.00 Hourly Rate $ 125.00 $ 129.00 $ 133.00 $ 137.00 $ 141.00 $ 145.25 Operating $ 73,100.00 $ 76,196.00 $ 72,806.00 $ 75,734.00 $ 84,684.00 $ 87,611.00 $470,13L00 Contingency $100,000.00 Grand Total $115,500.00 $119,196.00 $117,306.00 $120,834.00 $130,284.00 $134,211.00 $ 837,331.00 Shuttle operations are subject to change, in order to meet the needs / demands of the public. Additional hours of operations will be charged on an hourly basis at the hourly rate for the applicable year at a total not to exceed amount of $100,000 for all years, consistent with Sections 2.1 and 2.2 of the Agreement, as amended. Professional Parking Page D-2 5-13 EXHIBIT E-1 Balboa Peninsula Trolley Route with Stops "IY "Spltai na V�4 .,tea=f through Lido Village ,i (213"tovia Udo) a ylµ T > ��'•a. Werst Ullo HaagMerrio"al- Mcsp+fol PrMvIR'san© #,pua �r391 p, �f," ; ..,a�W POR Ridge Park 2 Lido Isle ��, y y� t'd0 e� L B A Ii ilWpOR i-IdrtSor fl �r'� F�� 0� • �.I e vNrr..•,rlfteach.CA `'t - ,`_ .. O }l;ghSe?iocll n5 0 y, y f' �.-I r - corm.. Trolle,ISt�i-Stop ;� �- - U -----`—r S � AvonJTusdn Parkir�q Lct 1 � p° S Castaways Park — a of . C N'p ' Newport Island wE Newport Beach Pier v 5 LEGEND Route Ostops in, TTrolleyStart-Stop Westbound route through Lido Village ,i (213"tovia Udo) b° NO v Werst Ullo C."rinel L`Jr'Oo H ? Lido Isle 4 y y� t'd0 e� L B A Lida I,le ,-�q a0 wince o iLinda Island Linda Isle Lower P,orr.- Newport Bar _ Pr: ProrTe,11. - �� NJr [yob Harbor Island i'rn t'Co Soub NewP���l Buy Island Balboa Isl Troliey5tart-5top O ii;HaEtgaM Peninsula Park Professional Parking Page E-1 5-14