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HomeMy WebLinkAboutC-8306-1 - Cooperative Agreement No. C-6-1480 for Project V Community-Based Transit/Circulators21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH (FOR PROJECT V COMMUNITY- BASED TRANSIT/CIRCULATORS, PROJECT NO. 16-NBCH-CBT-3832) THIS AMENDMENT NO. 1 is made and entered into this day of , 2022 (Effective Date), by and between the Orange County Transportation Authority ("AUTHORITY" or "OCTA") and the City of Newport Beach ("CITY") (mutually referred to herein as "PARTY" or each individually as "PARTIES"). �c I�avl�Mw WHEREAS, the AUTHORITY's Board of Directors (BOARD) approved the Project V Community -Based Transit/Circulator service; City of Newport Beach Balboa Peninsula Trolley (Project No. 16-NBCH-CBT-3832), hereinafter referred to as "PROJECT," on June 13, 2016 and also authorized AUTHORITY to develop and execute a cooperative agreement; and WHEREAS, by Cooperative Agreement No. C-6-1480 ("Agreement") dated January 25, 2017, AUTHORITY and CITY entered into a cooperative agreement for the PROJECT; and WHEREAS, AUTHORITY's BOARD authorized changes to PROJECT and AGREEMENT through March 2020 and September 2020 semi-annual review approval actions approved on August 10, 2020 and December 14, 2020 respectively, in response to coronavirus related impacts; and WHEREAS, AUTHORITY's BOARD on January 25, 2021, authorized the revision of Comprehensive Transportation Funding Programs (CTFP) Guideline requirements related to the Project V program, including PROJECT, which in response to the coronavirus pandemic and the need to update Page 1 of 8 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 the program, focused on modifications to program's minimum performance requirements, allowing for annual subsidy escalation, and implementing recent internal audit recommendations; and WHEREAS, AUTHORITY's BOARD authorized on January 25, 2021, the AUTHORITY to negotiate, execute, and amend as necessary all existing cooperative agreements for Project V Services in order to implement the changes consistent with the direction provided by the AUTHORITY's BOARD on January 25, 2021; and WHEREAS, AUTHORITY and CITY agree to extend the contract Term for an additional two (2) years and a half through June 30, 2026 at no increase to the total BOARD -authorized funding amount of Six Hundred Eighty -Five Thousand Four Hundred Fifty -Four Dollars ($685,454); NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY that AGREEMENT is hereby amended in the following particulars only: 1. Amend ARTICLE 3. RESPONSIBILITIES OF AUTHORITY, Page 4 of 12, to make the following changes: a. To delete paragraph A in its entirety and in lieu thereof insert the following: "A. Within sixty (60) days of receipt of acceptable invoice, to reimburse CITY for operating costs based on actual operating costs incurred. All invoices for operating the PROJECT combined are not -to -exceed One Hundred Seventy -Seven Thousand Five Hundred Eighty -Three Dollars ($177,583) consistent with Exhibit B. The operating subsidy will be net of fares and no more than Ten Dollars and Five Cents ($10.05) per boarding for fiscal year FY 2020-21, Ten Dollars and Twenty -Four Cents ($10.24) per boarding for Fiscal Year (FY) 2021-22, Ten Dollars and Forty -Three Cents ($10.43) per boarding for FY 2022-23, Ten Dollars and Sixty -Two Cents ($10.62) per boarding for FY 2023-24, Ten Dollars and Eighty -One Cents ($10.81) per boarding for FY 2024-25, consistent with Exhibit B), or Eighty -Eight Percent (88%) of operations and maintenance (O&M) costs; whichever is lower." b. To delete paragraph B in its entirety and in lieu thereof insert the following: Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 "B. Within sixty (60) days of receipt of acceptable invoice, to reimburse CITY for Eighty -Eight Percent (88%) of eligible capital costs in the amount up to and not -to -exceed Five Hundred Seven Thousand Eight Hundred Seventy -One Dollars ($507,871), consistent with Exhibit A." c. To delete paragraph C in its entirety and in lieu thereof insert the following: "C. Funding will be provided in accordance with the BOARD -approved Project V Guidelines and in accordance with the provisions of this Agreement. AUTHORITY will also review CITY's project operating statistics and provide regular updates to the BOARD on service performance." d. To delete paragraph D in its entirety and in lieu thereof insert the following: "D. Upon the service's cost per boarding exceeding twice the per boarding subsidy or exceeding Twenty Dollars and Ten Cents ($20.10) for FY 2020-21, Twenty Dollars and Forty - Seven Cents ($20.47) for FY 2021-22, Twenty Dollars and Eighty -Five Cents ($20.85) for FY 2022-23, Twenty -One Dollars and Twenty -Four Cents ($21.24) for FY 2023-24, and Twenty -One Dollars and Sixty -Three Cents ($21.63) for FY 2024-25, (consistent with rates as identified in Exhibit B), the AUTHORITY will provide written notice to the CITY of this determination. CITY will be required to disclose this finding and any other relevant operating data to the city council and request a city council response to continue, restructure, or cancel the service, all within sixty (60) days of receipt of notice. AUTHORITY will also assist CITY to continue, restructure, or cancel the service, depending on CITY council response. The CITY Council's final determination shall be made via CITY Council action and reported back to AUTHORITY within forty-five (45) days of CITY Council action." e. To add a new paragraph E and insert the following: "E. AUTHORITY will provide M2 (OCGO) logos, which may include decals for vehicles and digital artwork for marketing and publication purposes. CITY shall coordinate with AUTHORITY regarding the sizing, placement, and furnishing of decals." 2. Amend ARTICLE 4. RESPONSIBILITIES OF CITY, Pages 4 and 5 of 12, to make the following changes: Page 3 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 a. To delete paragraph A in its entirety and in lieu thereof insert the following: "A. To provide eligible local match funds for capital costs at a minimum of Twelve Percent (12%) in FY 2016-17 estimated to be Sixty -Nine Thousand Two Hundred Fifty -Five Dollars ($69,255); and a minimum of Twelve Percent (12%) of O&M costs (less fares), estimated to be Twenty -Four Thousand Two Hundred Thirteen Dollars ($24,213), or to provide O&M costs (less fares) required after AUTHORITY has paid the per boarding subsidy (inflated annually consistent with Exhibit A), whichever O&M match contribution is greater, in accordance with Exhibit B." b. To delete paragraph D in its entirety and in lieu thereof insert the following: "D. CITY will submit PROJECT reports to AUTHORITY using Exhibit C, entitled "Project V Quarterly Report, Revised 02.2021", herein referred to as Exhibit C, and shall provide to AUTHORITY monthly revenue vehicle hours, revenue vehicle miles, boardings, project cost information, and cost per boarding broken down by each month for the reporting quarter. Customer satisfaction and on -time performance reporting may be reported in aggregate for the quarterly reporting period. However, customer satisfaction surveys need to be conducted at minimum once a year. c. To delete paragraph F in its entirety and in lieu thereof insert the following: "F. CITY's Project V service shall meet the following minimum performance standard of providing service at a cost of less than twice the per boarding subsidy. Upon the service's cost per boarding exceeding Twenty Dollars and Ten Cents ($20.10) in FY 2020-21, Twenty Dollars and Forty -Seven Cents ($20.47) for FY 2021-22, Twenty Dollars and Eighty -Five Cents ($20.85) for FY 2022-23, Twenty -One Dollars and Twenty -Four Cents ($21.24) for FY 2023-24, and Twenty -One Dollars and Sixty -Three Cents ($21.63) for FY 2024-25 (consistent with rates as identified in Exhibit B), AUTHORITY will provide written notice to the CITY of this determination. The CITY (upon receipt of OCTA notification) will be required to disclose this finding and any other relevant operating data to the CITY council within sixty (60) days of receipt of notice, in order for the city council to determine if it wishes to continue, restructure, or cancel the service. The CITY council's final determination shall be made via CITY council action and reported back to AUTHORITY within forty-five (45) days of CITY council action." Page 4 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WON AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 d. To delete paragraph H in its entirety. e. To delete paragraph K in its entirety and in lieu thereof insert the following: "K. CITY shall invoice AUTHORITY within ninety (90) days following close of a quarterly service period to receive reimbursement in accordance with Exhibit B." f. To add anew paragraph Land insert the following: "L. CITY should develop surveys to measure customer satisfaction at least once a year based upon local service objectives. These surveys should be conducted such that performance data is recorded and reported on to AUTHORITY through Exhibit C; and should include a plan to improve service, if customer satisfaction is found to be below the CITY's service objectives." g. To add a new paragraph M and insert the following: I'M. CITY should develop methods to measure on -time performance based upon local service objectives. These methods should be implemented such that performance data is recorded quarterly, or at least once per year (as applicable based upon service schedule) and reported to AUTHORITY consistent with Exhibit C. CITY should include a plan to improve service if on -time performance is found to be below the CITY's service objectives." h. To add a new paragraph N and insert the following: "N. CITY is required to use capital items purchased with Project V funding, such as but not limited to bus/vehicles, equipment, facilities, and bus stop amenities, for their entire useful life and/or though the termination of the service. For capital items purchased with Project V funding, if termination occurs prior to the completion of the capital item's useful life and/or grant term, CITY is responsible for repaying AUTHORITY the same percentage of the sale price (or estimated value of the asset(s) based on straight line depreciation of the asset[s]), consistent with the Project V percentage of the initial purchase. Useful life shall be based upon AUTHORITY's policy for service life for similar asset type, where applicable." i. To add a new paragraph O and insert the following: Page 5 of 8 1 2 3 4 5 6 7 8 ti� 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 "O. CITY is required to coordinate and seek approval from AUTHORITY regarding any changes to project scope in accordance with the application submittal. If service substantially deviates from the scope identified in the application submittal, without AUTHORITY's approval, the project may not be I reimbursed." 3. Amend ARTICLE 5. REQUEST FOR REIMBURSEMENT, Pages 6 and 7 of 12, to make the following changes a. To delete paragraph A in its entirety and in lieu thereof insert the following: "A. CITY shall prepare and submit invoices to the AUTHORITY to request reimbursement of funding subsidies for eligible capital and operating costs, at least quarterly for active quarters, consistent with CTFP Guidelines specifically pertaining to Project V, and not -to -exceed Six Hundred Eighty -Five Thousand Four Hundred Fifty -Four Dollars ($685,454), consistent with Exhibit B." b. To delete paragraph B in its entirety and in lieu thereof insert the following: "B. Within ninety (90) days following a quarterly service period, or (when applicable) following special event service or annual seasonal service, CITY shall invoice AUTHORITY in accordance with Exhibit D, entitled "Sample Invoice Template, Revised 02.2021", and herein referred to as "Exhibit D" to receive reimbursement. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY consistent with the PROJECT's Scope of Work as well as funding match and per boarding subsidy as noted in Exhibit B. Invoice shall also include supporting documentation as required to verify costs. Invoices submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information. Advance payments by AUTHORITY are not allowed." C. To delete subparagraph D(b) in its entirety and in lieu thereof insert the following: "b. The total PROJECT expenditures including the AUTHORITY match percent and amount to be reimbursed shall not exceed Eighty -Eight Percent (88%) of capital costs and not to exceed Eighty -Eight Percent (88%) of O&M costs or the per boarding subsidy (less fares), which is Ten Dollars and Five Cents ($10.05) per boarding for FY 2020-21, Ten Dollars and Twenty -Four Cents ($10.24) per boarding for FY 2021-22, Ten Dollars and Forty -Three Cents ($10.43) per boarding for FY 2022-23, Ten Dollars Page 6 of 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 and Sixty -Two Cents ($10.62) per boarding for FY 2023-24, and Ten Dollars and Eighty -One Cents ($10.81) per boarding for FY 2024-25, whichever is less for O&M consistent with Exhibit B. In addition, if CITY receives capital or operating subsidy from any other non -AUTHORITY source, CITY will not invoice AUTHORITY for the amount received from the other non -AUTHORITY source(s). Supporting documentation for all expenses must be provided, including invoices." d. To delete subparagraph D(e) in its entirety and in lieu thereof insert the following: "e. Each invoice for O&M subsidy will include the following operating statistics for the invoicing period: revenue vehicle hours, total boardings, boardings per revenue vehicle hour, operating costs, net operating costs (costs less fares), reimbursement per net operating costs, reimbursement per boarding, and cost per boarding, consistent with Exhibit C." 4. Amend ARTICLE 9. ADDITIONAL PROVISIONS, Page 9 of 12, to amend paragraph A, line 12 to delete "December 31, 2023" as the expiration date and in lieu thereof insert "June 30, 2026." 5. Append EXHIBIT B: CITY OF NEWPORT BEACH PROJECT V FUNDING SCHEUDLE to delete in its entirety and replace with "Exhibit B: Newport Beach Funding Table, Revised 02.2021" attached hereto this Amendment No. 1 and by this reference incorporated into this AGREEMENT and herein referred to as "Exhibit B." 6. Append EXHIBIT C: PROJECT V QUARTERLY REPORT, REVISED 02.2021 to this Amendment No. 1 and by this reference incorporated into this AGREEMENT and herein referred to as "Exhibit C." 7. Append EXHIBIT D: SAMPLE INVOICE TEMPLATE, REVISED 02.2021 to this Amendment No. 1 and by this reference incorporated into this AGREEMENT and herein referred to as "Exhibit D." Page 7 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 APP OV TO RM: By: (�aron Harp I z City Attorney AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 IN WITNESS WHEREOF, the PARTIES hereto have caused this Amendment No. 1 to Cooperative Agreement No. C-6-1480 to be executed on the date of the last signature below. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By:� By: eVy Leung Darrell E. Johnson Manager Chief Executive Officer ATTEST,; APPROVED AS TO FORM By: By James M. Donich General Counsel APPROVED RECOMMENDED By: Kia Mortazavi Executive Director, Planning Page 8 of 8 000N m T M m tD Z U m X F O U W Z Z U LU p W m Z Z 2 to w W LU Q CL Z F a W IUL F Oa, a a W a O O U LO h LO 00 N a N H O h- t{T 64 LO t0 M Cl) N CO T T to N tt7 T N 464 t4 w co It 00 M LO CO h V V N to 64 v)to N N On h 60- � N o �2 N } LL 64 64 64 t» 6F4 tsa 64 614 00 N c7 0 N CN 0) } LL GO. 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C-6-1480 PROJECT NO.16-NBCH-CBT-3832 EXHIBIT C OCTA PROJECT V QUARTERLY REPORT, REVISED 02.2021 Ridership & Statistical Data Instructions for Submittal Use this form to submit the required quarterly ridership reports for Project V funded services in operation. To remain in compliance with the CTFP Guidelines, SERVICE must meet minimum service performance standards as outlined in Article 4 of the Cooperative Agreement. Project Title and Number Agency: Click here to enter text. Click here to enter text. Fiscal Year Quarter Time Period Estimated Costs 20/21 1 Jul 1 - September 30 Click to enter. Customer Satisfaction: 1.) Describe the local jurisdiction's customer satisfaction performance objective(s), as well as what has been done during the reporting period to survey customer satisfaction and respond to the input received? Click or tap here to enter text. 2.) When was the last customer satisfaction survey carried out? Click to enter. 3.) Did customer satisfaction meet or exceed the local jurisdiction's performance objective(s) during this review period? Yes/No 4.) If customer satisfaction did not meet or exceed the local jurisdiction's performance objectives, please provide a plan to improve customer satisfaction with this report. Plan attached? Yes/No On -Time Performance (if applicable'): 1.) Describe the local jurisdiction's on -time performance objective(s), if applicable: Click or tap here to enter text. 2.) Did the service achieve the local jurisdiction's on -time performance objectives for this reporting period? Yes/No The on -time performance reporting requirement only applies to Project V services, which maintain fixed schedules. Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 1 Orange / California 92863-1584 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 PROJECT NO. 16-NBCH-CBT-3832 EXHIBIT C OCTA PROJECT V QUARTERLY REPORT, REVISED 02.2021 Ridership & Statistical Data 3.) If on -time performance did not meet the local jurisdiction's performance objectives, please provide a plan to improve on -time performance with this report. Plan attached? Yes/No MONTHLY RIDERSHIP and STATISTCAL DATA RECORD Ridership and Statistical Data Revenue Month/Year Total O&M Revenue Vehicle Boardings Cost per Boarding Vehicle Hours Cost Miles RVH Click to enter Click to enter Click to enter Click to ent- Total Cost per RVM Total Boardings per RVH (O&M/RVM) (Boardings/RVH) Ridership and Statistical Data Revenue Month/Year Total O&M Revenue Vehicle Boardings Cost per Boarding Vehicle Hours Cost Miles RVH Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Total Cost per RVM otal Boardings per RVH (O&M/RVM)Boardin s/RVH Ridership and Statistical Data Revenue Month/Year Total O&M Revenue Vehicle Boardings Cost per Boarding Vehicle Hours Cost Miles RVH Click to enter Click to enter. Click to enter Click to enter Click to enter -A Total Cost per RVM Total Boardings per RVH O&M/RVM (Boardings/RVH) I hereby certify that the information provided here is true, complete, and correct in all material respects. Click to enter. Print Name Signature Date Orange County Transportation Authority 550 South Main Street / P.O. Box 14184/ Orange / California 92863-1584 AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT NO. C-6-1480 PROJECT NO. 16-NBCH-CBT-3832 EXHIBIT D SAMPLE INVOICE TEMPLATE, REVISED 01.2022 PROJECT V - OPERATIONS & MAINTENANCE INVOICE Project Title: Project Number: 16-NBCH-CBT-3832 Agency: Invoice Date: To: Orange County Transportation Authority 550 S Main Street Orange, CA 92863-1584 Attn: Charvalen Alacar Invoice Number: Contract Number: Total Requested: Operations & Maintenance Programmed Funding Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year a- Year 9- TOTAL Fiscal Year FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 max subsidy rate $9.00 $9.00 $9,00 $9.00 $10.05 $10.24 $10.43 $10.62 $10.81 OPERATIONS & MAINTENANCE includes ongoing Marketing costs OCTA O&M Share $25.369 $25,369 $25.369 $25.369 $25,369 $25,369 $25,369 $0 $0 1 $177,583 Local Share $3,459 $3,459 $3,459 $3,459 $3,459 $3,459 $3.459 $0 $0 1 $24,213 Total O&M $28,828 $28,828 $28,828 $28,828 $28,828 $28,828 $28,828 $0 $0 $201,796 O&M Local Match Percent: 12.0% (current FY) Billing Period (i.e. May 2021-Jun 2021) Net Operating A Costs Local Match tch Potential Local Share (C = (A'B)) Potential OCTA Reimbursement (D = (A-C)) Month Year - Month Year $0.00 $0.00 Month Year - Month Year 12.0% $0.00 $0.00 Month Year - Month Year $0.00 $0.00 Total $0.00 Additional Local Share (Overage): OCTA Share = Total OPERATIONS & MAINTENANCE Reimbursement Requested (H): $0.00 RIDERSHIP AND STATISTICAL DATA FOR PERIOD INVOICED Total Revenue Vehicle Hours (E) Reimbursement Requested (H) $0.00 Total Boardings (F) Net Operating Costs $0.00 (I-J)=(K) Boardings per Revenue Vehicle Hour Reimbursement per Net Operating #DIV/0! (FIE) = (G) Costs % (H/K)' Total Operating Costs (1) Reimbursement per Boarding (H/F) #DIV/01 Fares Collected or non-OCTA Subsidy (J) Cost per Boarding s #DIV/01 (K/F) 'Allocation derived from transfers of savings from previous fiscal years beginning FY19120, per March 2020 Semi -Annual Review Board approval 08110120. Total grant amount not to exceed $685,454. ' For expenses incurred FY 20121, reimbursement shall not exceed cost per boarding of $10.05 (escalated at 1.85% annually thereafter) or 90% of net operating costs, whichever is less, in accordance with the 2021 CTFP Guidelines (e.g. FY 21122: $10.24 per boarding, FY 22123: $10.43 per boarding). 2 Upon the service's cost per boarding exceeding Twenty Dollars and Ten Cents $20.10 (escalated at 1.85% annually at July 1 of each fiscal year thereafter), the CITY (upon receipt of OCTA notification) will be required to disclose this finding and any other relevant operating data to the city council within 60 days of receipt of notice, in order for the city council to determine Wit wishes to continue, restructure, or cancel the service. The city council's final determination shall be made via city council action and reported back to AUTHORITY within 45 days of city council action. Manual Input field AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6-1480 PROJECT NO. 16-NBCH-CBT-3832 EXHIBIT D SAMPLE INVOICE TEMPLATE, REVISED 01.2022 PROJECT V - CAPITAL INVOICE Project Title: Agency: To: Orange County Transportation Authority 550 S Main Street Orange, CA 92863-1584 Attn: Charvalen Alacar Project Number: Invoice Date: Invoice Number: Contract Number: Total Requested: 16-NBCH-CBT-3832 $0.00 Programmed Funding Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 1 Year 8- Year 9- TOTAL Fiscal Year FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 CAPITAL includes Initial Marketing Allocation t OCTA Capital Share $507,871 $0 $0 $o $o $0 $o so so $507,871 Local Share $69,255 $0. $0 $0 so $0 $o so so $69,255 Total Capital $577,126 $0 $0 $0 $0 $0 $0 $0 $0 $577,126 Capital Local Match Percent: 0% (current FY) Billing Period (i.e. May 2021-Jun 2021) Capital Costs (A) Local Match % (B) Potential Local Share (C = (A'B)) OCTA Reimbursement (D = (A-C)) Month Year - Month Year 0.00% 0 $0.00 Month Year - Month Year 0 $0.00 Month Year - Month Year 0 $0.00 Total OCTA Share = Total CAPITAL Reimbursement Requested: $0.00 Allocation derived from transfers of savings from previous fiscal years beginning FY19/20, per March 2020 Semi -Annual Review Board approval 08110120. Total grant amount not to exceed $685, 454. t - Initial Marketing expenses should be included with Capital funding reimburesement requests. (Only applies to Year 1 of Cooperative Agreement) Manual Input field 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR PROJECT V COMMUNITY- BASED TRANSIT/CIRCULATORS THIS AGREEMENT, is effective this 25 day of R.„ 2012, by and between the Orange County Transportation Authority, 600 South Main Street, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY" or "OCTA"), and the City of Newport Beach, 100 Civic Center Drive, Newport Beach, California 92660, a municipal corporation and charter city (hereinafter referred to as "CITY") (mutually referred to hereinafter as "PARTIES" or each individually known as "PARTY"). RECITALS: WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between AUTHORITY and CITY for the operating subsidy funds for the Balboa Peninsula Trolley service (hereinafter referred to as "PROJECT') as further defined by in the project description section of the application for Measure M2, Project V Call for Projects, received by OCTA on February 29, 2016; and WHEREAS, AUTHORITY's Board of Directors (hereinafter referred to as "BOARD") approved the Renewed Measure M2 Eligibility Guidelines Local Agency Preparation Manual on January 25, 2010 and subsequent amendments, most recently on April 11, 2016; and WHEREAS, the AUTHORITIE'S BOARD approved the Comprehensive Transportation Funding Programs (CTFP) Guidelines on March 22, 2010; and WHEREAS, the BOARD approved the revised Project V - Community based Transit Circulator Program Guidelines on November 23, 2015; and Page 1 of 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility Guidelines - Local Agency Preparation Manual and the CTFP Guidelines whereby the most recent update is incorporated herein by reference; and WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY fulfilling M2 eligibility requirements; and WHEREAS, AUTHORITY and CITY agree that PROJECT must adhere to the CTFP Guidelines precepts except where specific more detailed instruction is provided through Project V Guidelines or within this Cooperative Agreement; and WHEREAS, CITY intends to execute a grant subrecipient agreement with Newport Beach Trolley whereby Newport Beach Trolley will be the service provider to administer, operate, maintain and manage the PROJECT and the CITY will act as a pass-through agency for administering annual reimbursements and AUTHORITY required data consistent with the program guidelines; and WHEREAS, CITY's fixed -route trolley service is open to the public, and fully accessible for persons with disabilities, in compliance with the Americans with Disabilities Act; and WHEREAS, AUTHORITY's BOARD has agreed to provide Project V funding for PROJECT for up to seven (7) years in the amount not -to -exceed Six Hundred Eighty -Five Thousand Four Hundred Fifty -Four Dollars ($685,454), and AUTHORITY and CITY agree that the capital amount to be provided by AUTHORITY is Five Hundred Seven Thousand Eight Hundred Seventy -One Dollars ($507,871) and the annual operating subsidy shall be provided consistent with operating statistics as defined in the Project V Guidelines in the amount of One Hundred Seventy -Seven Thousand Five Hundred Eighty - Three Dollars ($177,583); and WHEREAS, CITY has agreed to provide twelve percent (12%) local match of Sixty -Nine Thousand Two Hundred Fifty -Five Dollars ($69,255) for capital costs and Twenty -Four Thousand Two Hundred Sixteen Dollars ($24,216) for operating match for up to seven years in accordance with Exhibit B: City of Newport Beach Project V Estimated Funding Schedule subject to performance requirements identified in Project V Guidelines and AUTHORITY funding limitations; and Page 2 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AGREEMENT NO. C-6-1480 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, roles and funding responsibilities between AUTHORITY and CITY for PROJECT(s); and WHEREAS, the AUTHORITY's BOARD approved this PROJECT on June 13, 2016; and WHEREAS, CITY's Council approved this Cooperative Agreement on this 13 t day of i 2016 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Cooperative Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Cooperative Agreement between PARTIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Cooperative Agreement shall not affect the validity of other term(s) or condition(s) of this Cooperative Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any Page 3 of 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. ARTICLE 2. SCOPE OF AGREEMENT This Cooperative Agreement specifies the roles and responsibilities of both AUTHORITY and CITY as they pertain to the subject and PROJECT addressed herein. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this Cooperative Agreement and any other supplemental agreements, including Letter Agreements, which may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities for PROJECT: A. Upon invoice, AUTHORITY shall provide CITY operating subsidy in the amount not -to - exceed One Hundred Seventy -Seven Thousand Five Hundred Eighty -Three Dollars ($177,583) for up to seven (7) years consistent with Exhibit B: Newport Beach Project V Estimated Funding Schedule. Operating subsidy will be no more than Nine Dollars ($9.00) per boarding consistent with Exhibit B or eighty-eight percent (88%) of operations and maintenance costs whichever is lower. B. AUTHORITY shall provide PROJECT funding for capital purchases in the amount not -to - exceed Five Hundred Seven Thousand, Eight Hundred Seventy -One Dollars ($507,871) C. AUTHORITY shall provide funding in accordance with the Board approved Revised Project V Guidelines. Funding may be discontinued in the event that the Minimum Performance Standards, as outlined in the Revised Project V Guidelines, are not met. D. AUTHORITY shall provide sixty (60) days' notice to CITY that support for service will be discontinued, in the event that the Minimum Performance Standards are not met after the first and second year of service and not maintained every year thereafter. Page 4 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for PROJECT: A. CITY shall provide eligible local match funds in the amount of twelve percent (12%) of required cost in accordance with Exhibit B: Newport Beach Project V Estimated Funding Schedule OR the balance of net operations and maintenance costs after AUTHORITY has paid Nine Dollars ($9.00) per boarding and inflated annually consistent with Exhibit B, whichever is greater. B. If CITY receives operating subsidy for PROJECT use from any other non -AUTHORITY source, CITY will not invoice AUTHORITY for the amount received from the other non -AUTHORITY source(s). C. CITY shall notify AUTHORITY regarding any non -OCTA revenues received for PROJECT, and AUTHORITY funds may not pay for services already supported through these non -OCTA revenues. D. CITY shall provide the AUTHORITY with actual Revenue Vehicle Miles, Boardings, and Operating and Maintenance Cost related to PROJECT service on a quarterly basis and other measures annually as identified in the Revised Project V Guidelines, E. CITY shall act as a pass-through agency for administering annual reimbursements and AUTHORITY required data consistent with the program guidelines whereby Newport Beach Trolley as party to a grant subrecipient agreement with the CITY will be the service provider to administer, operate, maintain and manage PROJECT F. CITY service shall meet minimum standard of six (6) boardings per revenue vehicle hour, which must be achieved within the first twelve (12) months of operation and ten (10) boardings per revenue vehicle hour within twenty-four (24) months of operation and every year thereafter. G. CITY shall provide separate and distinct cost accounting for all fixed route and special event services. H. CITY may request a time extension in accordance with the procedures identified in the CTFP Guidelines to use any operating funds not used and available at the end of the initial seven (7) year Page 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 term. COOPERATIVE AGREEMENT NO. C-6-1480 CITY shall notify AUTHORITY of any non -AUTHORITY revenues received for PROJECT. J. CITY shall include and identify any non -AUTHORITY or grant revenues received along with any requirements associated with external fund sources for PROJECT in payment to AUTHORITY for local match. K. CITY shall invoice AUTHORITY within sixty (60) days to receive annual reimbursement per Exhibit B: City of Newport Beach Project V Estimated Funding Schedule and consistent with Article 5 below. ARTICLE 5. REQUEST FOR REIMBURSEMENT A. CITY shall contribute matching funds, as is specified within this Cooperative Agreement in Article 4, Paragraph A, toward the actual costs of PROJECT. B. CITY shall invoice AUTHORITY within sixty (60) days to receive annual reimbursement per Exhibit B: Newport Beach Project V Estimated Funding Schedule and shall provide supporting documentation according to the payments procedures identified in the CTFP Guidelines and incorporated into this Cooperative Agreement. CITY's invoice shall include allowable PROJECT costs incurred and paid for by CITY consistent with PROJECT's Scope of Work as identified in CITY's Community -Based TransiUCirculators Project Application, attached hereto as Exhibit A and incorporated herein by reference. The invoice submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information. Advance payments by AUTHORITY are not allowed. C. The invoice shall be submitted on CITY's letterhead. D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts Payable Office. Each invoice shall include the following information: a. Agreement Number C-6-1480; b. The total of PROJECT expenditures shall specify the percent and amount to be reimbursed which shall not exceed eighty-eight percent (88%) of the balance of net operations and maintenance costs after AUTHORITY has paid Nine Dollars ($9.00) per boarding, in accordance with Page 6 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 Exhibit B: Newport Beach Project V Estimated Funding Schedule. In addition, if CITY receives operating subsidy from any other non -AUTHORITY source for PROJECT use, CITY shall not invoice OCTA for the amount received from the other non -AUTHORITY source(s). Supporting documentation for all expenses must be provided including invoices. CITY. C. Adequate detail describing all work completed. d. Documentation providing evidence that the contractor has been paid by e. Each invoice for operation and maintenance subsidy shall include the following operating statistics for the fiscal year (July 1 through June 30) to date: Revenue Vehicle Hours, Total Boardings, Boardings per Revenue Vehicle Hour, Operating Costs, Net Operating Costs (Costs less fares), Reimbursement per Net Operating Costs, and Reimbursement per Boarding. f. Certification signed by CITY or his/her designated alternate that a) The invoice is a true, complete and correct statement of reimbursable costs and progress; b) The backup information included with the invoice is true, complete and correct in all material respects; c) All payments due and owing to subcontractors and suppliers have been made; d) Timely payments will be made to subcontractors and suppliers from the proceeds of the payments covered by the certification and; e) The invoice does not include any amount which CITY intends to withhold or retain from a subcontractor or supplier unless so identified on the invoice. g. Such other information as requested by AUTHORITY. E. Total payments shall not exceed the Funding Amount specified in Article 3, Paragraph A. F. CITY shall submit final invoice no later than one hundred eighty (180) days after completion of PROJECT. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Cooperative Agreement are delegated to its Director of Public Works, or his/her designee, and the actions required to be taken by AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's Chief Page 7 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 Executive Officer or his designee. ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of five (5) years after final payment, or completion of audit by the AUTHORITY, or after final payment of debt service, whichever is longer. For purposes of audit, the date of completion of this Cooperative Agreement shall be the date of AUTHORITY's payment of CITY's final billing under this Cooperative Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor(s). ARTICLE 8. INDEMNIFICATION A. To the fullest extent permitted by law, CITY shall defend (at CITY's sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (CITY s employees included), fordamage to property, including property owned by AUTHORITY, orfrom any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration Page 8 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. C. The indemnification and defense obligations of this Cooperative Agreement shall survive its expiration or termination. ARTICLE 9. ADDITIONAL PROVISIONS: PARTIES agree to the following mutual responsibilities: A. Term of Agreement: This Cooperative Agreement shall continue in full force and effect on an annual basis, subject to meeting minimum performance standards of ridership or December 31, 2023, whichever is earlier. This Cooperative Agreement may only be extended upon mutual written agreement by both PARTIES. B. Termination: AUTHORITY may terminate this Cooperative Agreement at any time for any reason following sixty (60) days' written notice to CITY. C. Termination for Convenience: Either PARTY may terminate this Cooperative Agreement for its convenience by providing sixty (60) days' prior written notice of its intent to terminate for convenience to the other PARTY. D. Amendments: This Cooperative Agreement may be amended in writing at any time by the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in writing by all PARTIES. E. PARTIES shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over PROJECT. F. Legal Authority: PARTIES hereto consent that they are authorized to execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative Page 9 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 Agreement, the PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement: This Cooperative Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. I. Force Maieure: Each of the PARTIES shall be excused from performing its obligations under this Cooperative Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing. J. Assignment: Neither this Cooperative Agreement, nor any of the PARTIES' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Cooperative Agreement. L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the Page 10 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing PARTY. M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to this Cooperative Agreement are to be directed as follows: To CITY: To AUTHORITY: City of Newport Beach Orange County Transportation Authority 100 Civic Center Drive 600 South Main Street Newport Beach, California 92660 Orange, CA 92863-1584 Attention: Mark Vukojevic Attention: Donald Herrera Deputy Public Works Director Contracts Administrator 949-6443319 Tel: 714-560-5644 mvukojevic@newportbeachca.gov E-mail: dherrera@octa.net With a copy that shall not constitute Notice to: Cc: Sam Kaur Section Manager, Measure M Local Programs skaur@octa.net N. Successors and Assigns: The provisions of this Cooperative Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES hereto. Page 11 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-6-1480 This Agreement shall be made effective upon execution by both PARTIES. IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C-6-1480 to be executed on the date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION By: .' .]V1 , ' By: a. Diane B. Dixon Darrell Mavor Chief E 0 Leilani I. Brown City Clerk APPROVED AS TO FORM: By: IJV A v -\- Aaron C. HarpW City Attorney Dated: 1 t 12 C1 1I( / Officer APPROVED AS TO FORM By: l/6�" �~ James Donich General Counsel APPROVAL Kia Mortazavi \-/ Executive Director, Planning Dated:—/ -"2 q - / 7 Page 12 of 12 Exhibit A Community -Based Transit/Circulators Project Application Project V - Community -Based Transit/Circulators CITY OF NEWPORT BEACH Balboa Village Shuttle Program r Submitted to: Sam Kaur, Section Manager, Local Programs Orange County Transportation Authority 600S. Main Street, 2nd Floor Planning Orange, CA 92863 Submitted by: Brenda Wisneski, AICP, Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 February 29, 2016 TABLE OF CONTENTS Community -Based Transit/Circulators Project Application Application Narrative Attachments: 1. Balboa Peninsula Shuttle/Trolley Feasibility Study 2. City Council Resolution 3. Hoag Hospital Lease Agreement 4. Operations Plan 5. Analysis of Project V Scoring Orange County PROJECT Y Transportation Authority Community -Based Transit/Circulators Project Application OCTA Form I. APPLICANT INFORMATION Agency: City of Newport Beach Primary Contact Name: Brenda Wisneski Title / Department: Deputy Community Development Director Phone: (949) 644-3297 Email: Bwisneski(amewoortbeachca.00v III. PROJECT DESCRIPTION The proposed service will operate between the Hoag Hospital Lower Parking Lot and Balboa Pier on the Balboa Peninsula via Pacific Coast Highway, Newport Boulevard, and Balboa Boulevard. Four vehicles are required. Total daily revenue hours are 43.3. IV. MINIMUM ELIGIBILITY YES/NO A. Applicant eligible to receive M2 funding? B Y ❑ N B Meet any one of the following: Proposed project in Go Local Planning and/or 2011 Transit Study, or Supports Goals of Sustainable Communities Strategy? B Y ❑ N C. Supplement rather than supplant existing transit services? B Y ❑ N D. Frojects meet ADA requirements? B Y ❑ N E. Financial plan for ongoing operations & maintenance? B Y ❑ N F. Project approved by City Council and partner jurisdictions? B Y ❑ N G. Local funding meets minimum 10% match requirement? B Y ❑ N I. Applicant agrees to adhere to applicable FTA requirements? B Y ❑ N V. COST EFFECTIVENESS Operating Cost per Boarding Opening Year: $ 5.80 Annualized Operating & Capital Cost per Passenger: I $ 12.03 VI. PROJECT READINESS Opening Year: By 2017 Phase Ready: Planning and Environmental Complete VII. COMMUNITY CONNECTIONS Activity Centers Served: Retail Center(s) Major Employmnet Center(s) Connections to Existing Service Operating Reserve: $ 282,318.00 II. FUNDING SUMMARY Total Project Cost: $ 772,510.00 Capital Funding: $ 490,192.00 Operating Reserve: $ 282,318.00 Applicant Match Rate: capital 12% Describe Source of Agency Funds: Balboa Village Area Benefit Fund (created to collect parking fee revenues) Level of Commitment: ommitment Letter Name of non applicants: Hoag Hospital APPLICATION CHECKLIST (guidelines) B Complete Application B Operating Incentive (4.0) B Commitment to 10 b/rvh B Agree to collect 0 & M data quarte B Meets Minimum Eligibility (6.0) B Funding Plan (8.0) B O&M/Capital Financials B Funding Needs B Match Funding Availability B Funding Assurances B Partnership Arrangements B Project Development Schedule B 0&M Facility Management B Service Coordination Plan B Financials (9.1) B Council Resolution (9.3.1) B Lease/Cost Agreements (9.3.2) B Project Documentation (9.3.3) B Operations Plan (9.3.4) B Route Map w/ existing transit servi B Draft Time Table B Headways B Stop Location Listing B Summary of Vehicle Types B Speed Profile B Fleet Size Updated311/19/2015 Application PRO] ECT 'V' Page 2 Community -Based Transit/Circulators Project Application OCTA Form VIII. FIXED -ROUTE BUS/RAIL CONNECTIONS Number of fixed -route connections (w/in 1/4 mile): 3 VIV. TRANSIT USAGE Projected Average Daily Boardings 1st Year: (total annual boardings/annual operating days) 437 X. LOCAL REGIONAL BENEFITS (OPENING YEAR) Planned Employment Densities per Sq. Mile: 12,170 Planned Population Densities per Sq. Mile: 10,645 Projected Annual Visitors Served by Seasonal Route: Well over 500,000 XI. SPECIAL EVENT TRANSIT Description(s) Shuttles may also be used for holiday Boat Parade and Newport to Ensenada Yacht Race. Project costs do not reflect special event usage. Date(s) December and April Time(s) Varies Location(s) Peninsula Wide IXII. AGENCY EXPERIENCE I or Community Circulator all applicable City operates a transportation service for seniors for accessinc Antments, shopping, essential errands, and the Senior Center. I herby certify that the information provided herein this form is accurate and consistent with accompanying documentation. I further certify that the above #ffoTation has been approv y unci/ resolution and that awarded funds will not ble used outside o�eir i tended purpose. Z Zz5(b Dat AGENCY City of Newport Beach '.XIII. ADDITIONAL COMMENTS The proposed service will operate on 10 weekends In the summer plus 4th of July for a total of 21 days. Span of service is 7:30 am to 9:26 pm, with no service between 9 and 10 am. Service headway is 15 minutes Updated 11/1912015 4 Project V - Community -Based Transit/Circulators CITY OF NEWPORT BEACH APPLICATION NARRATIVE The Peninsula is a three-mile stretch bordered by Newport Harbor on one side and the Pacific Ocean on the other. It's famous for "the Wedge," arguably one of the best bodysurfing sites in the world and the Ocean Front Walk, one of the region's most popular boardwalks. At the foot of Newport Pier lies the historic McFadden Square, named for the family that helped found the city and the Dory Fishing Fleet, where local fisherman bring in fresh seafood daily. Approximately one mile south of the Newport Pier is the Balboa, another of the city's villages. Balboa includes the Balboa Pier, the Balboa Fun Zone, and the historic Balboa Pavilion. As a popular summertime destinations, Balboa Boulevard becomes congested, especially on busy summer weekends. The benefits of a shuttle system on the Peninsula have often been discussed for several years. Since 2011, focused efforts to revitalize neighborhoods on the Peninsula have increased attention on the need for a shuttle program. In April 2015 the City took initial steps toward creating a program by retaining a consultant to develop the Balboa Peninsula Shuttle/Trolley Feasibility Study, completed October 2015 (Attachment 1). The City, including residents and business owners, are very excited about the program. The Feasibility Study was created with input from local stakeholders and guidance from the Balboa Village Advisory Committee. A funding source for revitalization projects, such as the proposed shuttle program, was established by the City Council in 2014. The City Council's commitment to the project is expressed in the resolution provided as Attachment 2. These achievements allow the City to implement the program by May 2017, just in time for the busy summer months. Goals and Objectives The City envisions a shuttle program that would provide residents and visitors an alternative mode of travel to conveniently connect key destinations along the Balboa Peninsula. A key aspect is establishment of an off-site parking location, eliminating the need to travel onto the peninsula during grid -locked summer weekends. Specific goals of the program include: • Providing an alternative to cruising for a parking space on the peninsula; • Encouraging visitors to Balboa Village and the beaches; and • Designing a service that is simple to understand, easy to use, and fun. Project Implementation Schedule The City completed the Balboa Peninsula Shuttle/Trolley Feasibility Study in October 2015, with oversight of the Balboa Village Advisory Committee (BVAC). The BVAC is appointed by the City Council and includes two Councilmembers (currently Mayor Diane Dixon and Councilmember Tony Petros) and representatives from the residential and business community. 5 Completion of the Feasibility study allows the project to be implemented in May 2017. The following details major milestones to prepare the project for service: June 2016 OCTA Board to Approve Application July 2016 Approve Cooperative Agreement with OCTA August 2016 Finalize agreements with Hoag Hospital for use of lower parking lot and Visit Newport to develop and implement marketing campaign. Draft agreement with Hoag Hospital is provided at Attachment 3. August 2016 Develop marketing campaign (logo, schedules, signage, brochures, social media) with guidance from the Balboa Village Merchants Association. August 2016 Conduct Request for Proposal process for selection of shuttle operator. Shuttles are to be leased from operator. October 2016 Select shuttle operator. October 2016 to May 2017 Select/design shuttle. Finalize route and shuttle stops. Design and install shuttle stop signage/improvements. Install wayfinding signage to off-site parking lot. Memorial Day 2017 Service Begins!! Operations Plan The detailed Operations Plan is provided at Attachment 5. The following is a summary of the operation. • The route will use the Hoag Hospital Lower Lot as its endpoint. Hoag Hospital has agreed to make the parking lot available at no cost, other than to ensure the facility is kept clean. There would be no charge to park at the Hoag Parking Lot and no fee for the shuttle. A draft agreement with Hoag Hospital is provided as Attachment 3. • The route, as depicted in Figure 1, would continue onto the Peninsula traveling south and then east accessing key destinations including Lido Marina Village, McFadden Square/Newport Pier, Marina Park Community Center, and Balboa Village/Balboa Pier. • Span of service is 7:30 am to 9:26 pm (with no service between 9 and 10 am) on 10 weekends during the summer plus the Fourth of July (21 days). • Early morning service is needed for visitors utilizing the Catalina Flyer which departs at 9am from Balboa Village to Catalina Island and returns at 4pm. The Flyer provides a capacity 500 passengers. Visitors often visit Catalina for the day, but others may stay for several nights. Catalina Flyer passengers are likely to utilize the shuttle and the free off-site parking lot, rather than park in Balboa Village which is $17.50/day. • Frequency of service is every 15 minutes all day. • Additional demand for service would be created by the several events that occur along the Peninsula, including the Holiday Boat Parade, Newport to Ensenada Yacht Race and Independence Day. 6 • Four vehicles would be required to implement the proposed service, with a fifth vehicle in reserve if needed during for peak periods. Figure 1 Balboa Peninsula Shuttle Route Seventeen of the stops are current OCTA stops that would only require a new sign during the summer for the trolley. Three stops would be new; these are italicized in Table 1. OCTA Line 71 operates northbound on Balboa instead of Newport between 23rd and 32nd Streets. If the shuttle followed this route, existing stops could be used at 23rd and 28th Streets. Table 1 Proposed Stops Southbound Stops Northbound Stops Hoag Lower Lot Oceanfront — Palm Hospital & Hoag EB Balboa & Coronado Newport & Short Balboa & 8th Newport & 28" Balboa & 12th Newport & 23rd Balboa & 161h Balboa & 19th Balboa & 20th Balboa & 15th Newport & 23rd Balboa & 11th Newport & 2e Balboa & 8h Newport & Finley Balboa & Coronado Hospital & Hoag WB Oceanfront — Palm Hoag Lower Lot 0 Notes: Stops in italics are new stops. Ridership Estimate Ridership estimates are based upon summer 2015 ridership to date in Dana Point and San Juan Capistrano (excluding special events and the 4m of July weekend) and adjusted ridership in Laguna Beach during its first year of free service in 2002. For the purposes of this estimate, a Balboa Peninsula trolley/shuttle could achieve a productivity (measured as boardings per revenue hour) of approximately 1/5 of the Laguna Beach Summer Festival Trolley on weekends in 2002. The Dana Point and San Juan Capistrano shuttles are in their first year of operation. The Dana Point shuttle operates primarily on Pacific Coast Highway and connects with major hotels. The San Juan Capistrano shuttle operates hourly as a circulator within the City. The average of the Dana Point, San Juan Capistrano, and adjusted 2002 Laguna Beach productivity figures is 12.7 boardings per revenue hour. To be conservative, this analysis uses a lower value of 10 boardings per revenue hour to estimate potential ridership of the Balboa Peninsula shuttle/trolley service. Assuming 43.3 revenue hours, the resulting daily ridership estimate is 437. Funding Plan The relationship between the City and operator will be important to ensure a high quality of service while minimizing costs. Operating Costs Operating costs include the costs incurred by the contractor to operate the shuttles and marketing costs. The total vehicle cost is expected to total $100 per revenue hour. Based on discussions with the Professional Parking, the contractor for the Dana Point Trolley, operation costs for the driver of the trolley equals $31/hour. Therefore, for the purpose of this application, it is assumed operation costs would be $31/hour and capital costs would be $69/hour. • Estimated daily revenue hours are 43.3, or 909.3 annual revenue hours. • Operating cost is based on a unit cost of $31 per revenue hour. Four vehicles are required to operate the service, and a fifth vehicle would be in reserve. • Marketing is estimated to be $25,000 in the first year and $10,000 in later years, consistent with the Project V Guidelines. • Operating costs per boarding in the first year would be $5.79. Table 2 Oueratina Costs Da s oferatin Operation ation P Daily Annual Revenue Riders Revenue Riders O p g Cost Hours Hours $31/hour 10 Saturdays 10 Sundays 43.3 437 909.3 9,177 $28,188 41h of Jul 8 Capital Costs Capital costs include the contracted shuttle service (includes vehicle and maintenance), signage and marketing. Capital costs annualized over a seven year period would be $12.16 per boarding. • Shuttle — As stated above, based on discussions with the operator of the Dana Point Trolley, capital costs may be assumed to be $69/revenue hour. • Signage — A total of 20 stops are estimated, 17 of the stops are current OCTA stops that would only require a new sign during the summer for the trolley and three stops would be new. Estimated cost for a new bus stop was listed as $8,000 in the original Project V cost estimates, and new signs at existing stops are estimated at $1,000. The one-time capital cost would be: 3 * $8,000 + 17* $1,000 = $41,000 for bus stops. In addition, effective directional signage to the parking lot (Hoag Lower Lot) would be essential. The cost of directional signage is estimated at $10,000, bringing the signage costs to $51,000. Table 3 Canital Costs Capital Expense Year One Annual Cost Year Two+ Vehicles (909.3 Revenue Hours * $69) $62,742 $62,742 Signage $51,000 $0 Total Capital Costs $113,742 $62,742 Program Cost Share Table 4 summarizes costs and expected contributions from OCTA and the City of Newport Beach. The Balboa Village Area Benefit Fund will provide revenue for the City's contribution. The Area Benefit Fund was created to collect parking fee revenues from the area for enhancing or supplementing services in the area. Approximately $350,000 is collected annually for the Area Benefit Fund, which is more than adequate for the City's contribution, as well as unanticipated project costs. While not part of the project costs and match, the City has secured off-site parking at no cost. Hoag Hospital has agreed, pending approval of an agreement, to allow the City to utilize a parking lot on their campus which offers 225 parking spaces. This public-private partnership is a tremendous benefit to the project. It Table 4 Costs and Cost Split Cost Element Total OCTA Share Match Funding Capital City Share Notes Level of Commitments from Non -applicant FIRST YEAR COSTS 5 Operating Costs $28,188 $25,369 $2,819 $9 per /boarding or 90% of operating costs OCTA, whichever is less Marketing $25,000 $22,500 $2,500 Per Project V Criteria Capital Costs $113,742 $100,093 $13,649 12% City Match Total Costs First Year $166,930 $147,962 $18,968 11.3% City Match 10 YEAR 2+ COSTS 4 4 Operating Costs $28,188 $25,369 $2,819 $9 per /boarding or 90% of operating costs OCTA, whichever is less Marketing Costs $10,000 $9,000 $1,000 Per Project V Criteria Capital Costs $62,742 $55,213 $7,529 12% Match Total Year 2+ Costs $100,930 $89,582 $11,348 11.2% City Match TOTAL PROJECT COSTS 7 -Year Project Costs $772,510 1 $685,454 1 $87,056 11.3% City Match Scoring Criteria To facilitate review of the subject application, further details are provided in Attachment 5 as they pertain to each scoring criteria. Based on our assessment of the criteria, the City's application may be scored as presented in Table 5. Table 5 Application Scorina Criteria Possible Score Score Match Funding Capital 10 2 Level of Commitments from Non -applicant 5 5 Operating Cost per Boarding, Opening Year 10 10 Annualized Operating and Capital Cost per Passenger 10 6 Estimated Opening Year 10 10 Phase Readiness (Planning, facility, no RNV needed) 10 10 Connections 10 8 # of Fixed -Route Bus/Rail Connections within'/< mile 8 4 Projected Average Daily Boardings (first year) 10 10 Employment Densities 4 4 Population Densities 4 4 Annual Visitors Served 4 4 Innovative Service Delivery Model 1 1 Creative Solutions to Community Needs 1 1 Combining Local and Regional Resources 1 1 Currently Operated Community Based Services — Shuttles 1 0 10 Criteria I Possible Score Score Currently Operated Community Based Services - Vans 1 1 TOTAL 100 81 Attachments: 1. Balboa Peninsula Shuttle/Trolley Feasibility Study, October 2015 2. City Council Resolution 3. Hoag Hospital Draft Lease Agreement 4. Operations Plan 5. Analysis of Project V Scoring Criteria 11 Attachment 1 Balboa Peninsula Shuttle Trolley Feasibility Study 12 City of Newport Beach Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Irlmo Prepared for the City of Newport Beach by Dan Boyle & Associates, Inc. October 8, 2015 13 1. Introduction This study assesses the feasibility of a shuttle/trolley route on the Balboa peninsula to serve visitors and residents during the peak summer season. The beach and Balboa Village are popular summertime destinations. As a result, Balboa Boulevard becomes congested, especially on busy summer weekends. The City of Laguna Beach is the model for special summer service. Its Summer Festival service links a parking lot along Laguna Canyon Road with Arts Festival sites, the beach, and downtown. Two other Summer Festival routes serve North Coast Highway and South Coast Highway. Summer Festival trolleys carry over 10,000 riders on a typical summer Saturday (its busiest day) or twice the ridership as compared to 2002, the first year that the service operated free of charge in its current three -route configuration. This is a reminder that it takes time for any service to mature and reach its full ridership potential. The City of Dana Point began a new weekend shuttle service in the summer of 2015, with a single route operating along Pacific Coast Highway (PCH). The City of San Juan Capistrano also started a shuttle in the summer of 2015 This report is organized as follows. Section 2 of this report is based upon discussions with the City of Newport Beach and the Balboa Village Advisory Committee (BVAC) at its May 2015 meeting. This section describes the purpose and goals of a summer shuttle route on the Balboa Peninsula, discusses potential markets for this service, and identifies key stakeholders. Section 3 summarizes the interviews with stakeholders. Section 4 identifies offsite parking locations and route options. Section 5 outlines draft schedules. Section 6 provides ridership estimates. Section 7 provides cost estimates. Section 8 discusses funding options for a shuttle. 2. Purpose and Goals/Markets/Key Stakeholders The Balboa Village Master Plan included the shuttle concept that would encompass an off-site parking location and a shuttle to connect this location with the peninsula. Goals for the shuttle include: • Providing an alternative to cruising for a parking space on the peninsula; • Encouraging visitors to Balboa Village and the beaches; • Designing a service that is simple to understand, easy to use, and fun; • Focusing on the most promising markets first. The general consensus of discussions during this study is that these goals can best be achieved by starting small, focusing on the peninsula in the summer, and identifying an off-site parking location. Weekend day visitors during the summer constitute the primary market for a shuttle. There are two primary entrances to the peninsula: Newport Expressway/Newport Boulevard and West Coast Highway/Balboa Boulevard. Parking access must be convenient to these approaches. 14 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Of course, there are additional markets that can be attracted to and served by the shuttle. Hotel guests staying in Newport Beach and residents have been mentioned as potential markets by stakeholders. Over the years, the Summer Festival service in Laguna Beach has experienced ridership growth on its South Route (which serves residential areas and hotels along South Coast Highway) to the point where its ridership is greater than on the Canyon Route connecting the major parking location to Festival sites and downtown. The most promising immediate market for the Balboa peninsula, however, is day visitors on summer weekends. This market offers the best chance for success. Once a successful shuttle has been established, the City can consider expanding it to other locations that serve promising markets. There is also interest in expanding the time frame of the shuttle beyond summer weekends. Weekends throughout the year, summer weekdays, and special events such as the Boat Parade during Christmas week were all mentioned. Special events are a logical first step and could even be incorporated into the initial plan for shuttle operation. The kickoff meeting and the first presentation and discussion with the BVAC generated the following list of stakeholders to be interviewed: • Ralph Rodheim, Balboa Village Merchants Association • Gary Sherwin, Newport Beach & Co. • Alison Ryffle, Balboa Peninsula Point Association • Grace Dove, Central Newport Beach Association • Marcel Ford and Kelly Carlson, Balboa Village Merchants Association 3. Interviews with Stakeholders In-person and telephone interviews were conducted with these individuals between June 3 and June 12, 2015. The interview process was flexible to allow each person to explain' the most relevant factors for consideration in this study from his/her perspective. Each interview included the following topics: • Traffic and parking • Routing for the trolley • Lessons learned from previous efforts • Markets that can/should be served by the trolley • Parting thoughts The vision for the shuttle varied among stakeholders. Most agreed with the concept of "starting small" with a focus on the peninsula. Some see multiple routes (two or more) serving various locations and destinations as necessary from the beginning. A few put forth a broad view of how the shuttle could evolve into a city-wide network serving hotels, shopping, restaurants and bars along with Balboa Village and the beach and thus appealing to a wider market. Some expressed skepticism about the viability of a shuttle, citing past failed attempts and a distinct lack of interest among residents. Most (but not all) interviewees view conveniently located off-site parking as essential for the shuttle's success. Several sites were proposed, including Hoag Hospital, Hoag Health Center on Dan Boyle & Associates, Inc. Page 2 15 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Superior Avenue, a lot at 17t1 Street & Pomona Avenue in Costa Mesa, the Ardell property along Coast Highway, an under-utilized lot at Avon Street & Riverside Avenue in Mariners Mile, The Dunes, and Corona del Mar. Stakeholders noted that the "visitor" market is not homogeneous. One way to define differences is day trippers vs. those staying longer (often in hotels but also in rental properties). Some merchants see a more lucrative market in those staying longer; one noted that new store owners are cautioned that they need to appeal to locals as well as day visitors to stay in business. One individual noted that 80 percent of visitors in rentals drive to the peninsula but do not necessarily want to use their car to get around. The shuttle does not need to go beyond Balboa Village on the peninsula. There is a turnaround loop at the Balboa Pier used by Orange County Transportation Authority (OCTA) buses that would serve as a good way to turn the trolley around. Balboa Pier is a current destination for beachgoers because of parking and restroom facilities. Stakeholders reported that the parking generally fills up by 9 a.m. on summerweekends. Restrooms are also available at 15th Street. The interviewees agreed that the shuttle does not need to serve West Newport (along Balboa Boulevard between Newport Boulevard and Coast Highway). Beachgoers carry a lot of "stuff' with them. One area of skepticism was whether beachgoers would be willing to use an alternative like the shuttle that requires carrying items from car to shuttle to beach. One suggestion was to consider an airport -type shuttle with room to store these items enroute. Stakeholders were adamant that the vehicles used for the shuttle need to be attractive! Some suggested an open-air trolley as the ideal vehicle, while others emphasized the importance of an alternate -fuel vehicle. The most -cited reason for failure of past efforts was the vehicle. School buses will not attract ridership. If the shuttle is positioned as 'cool,' locals will ride it. Other reasons for failure of previous efforts included under -funding, insufficient marketing, and a lack of understanding that a service like this needs time to build ridership and find its market (or have its market find it). One person suggested that even a summer -long demonstration project would not be long enough. In this view, two years would be the minimum time frame to test the market for a shuttle. This suggestion has a parallel in how transit agencies evaluate the success of a new route or service, which is expected to meet established performance criteria within 18 months. Another noted that Laguna Beach, a model for this type of effort, did not achieve its current usage overnight. Changing people's habits is a slow process. Beyond the off-site parking to Balboa Pier route, other suggested routings would serve McFadden Square/Newport Pier, Lido Marina Village, Mariners Mile, Fashion Island, and various hotels. The interviewees generally agreed that the trolley needs to be free to attract ridership. The one contrary view was long-term, thinking about a day pass for visitors and an evening pass for accessing restaurants and bars on an extended shuttle network. Dan Boyle & Associates, Inc. Page 3 16 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report 4. Offsite Parking Locations and Route Options As noted earlier, the immediate market for the shuttle consists of weekday day visitors during the summer, with the beach as the major destination. Criteria for offsite parking include: • Proximity to Newport Expressway/Newport Boulevard. Most day visitors are coming from inland via the Newport Expressway. Offsite parking needs to intercept visitors before they enter the Peninsula. The Act V Parking Lot on Laguna Canyon Road in Laguna Beach is an example of a well -located parking lot. • Safety. A staffed parking lot or structure is typically perceived as safest, while an unattended lot in a lightly -trafficked location is least safe. • Availability on summer weekends. • Visibility of the offsite parking location from Newport Expressway/Newport Boulevard. A visible location feels familiar, even if a driver has only passed by the location. • Use of city -owned land for parking. This is administratively simpler and can allow for a parking fee to be charged, with all revenue accruing to the City. The last two criteria are ideal but not strictly necessary. Six potential locations have been identified and are highlighted in Figure 1. These locations are: A. The southeast corner of West 171 Street & Pomona Avenue in Costa Mesa (outlined in red). B. Hoag Health Center at 500 Superior Avenue in Newport Beach (outlined in purple). C. Hoag Hospital at 1 Hoag Drive in Newport Beach (outlined in green). D. The Avon Lot on Avon Street behind Jack Shrimp east of Tustin Avenue along Mariners Mile in Newport Beach (outlined in gold).. E. The Lower Lot at Hoag Hospital along Coast Highway between Newport Boulevard and Superior Avenue (outlined in pink). F. A City -owned lot at the northeast corner of Coast Highway & Superior Avenue (outlined in light blue) Dan Boyle & Associates, Inc. Page 4 17 Fs ■ r 0. '} 0 ism A4,ET1 ewhal{ St' - 'li'� PA .. a S+frON f y 4 %� �J�f�i pi'7} \ �ri���.tHndnit��� �V• .�in�' \; !` : i+. .<� . , � `ti °4:, S Balboa Peninsula Shuttle/Trolley Feasibility Study Table 1 Evaluation of Offsite Parking Locations Final Report Location C (Hoag Hospital) is very visible from Newport Boulevard, is accessible with only one turn from Newport, and has a parking structure. There is a well-defined path in and out of this location and a potential stop location adjacent to the parking structure. Some turns would be tight for a larger vehicle. Fieldwork indicated that traffic on the hospital grounds is light on a summer Saturday. The major disadvantage is that it is unlikely that Hoag Hospital would grant approval for access to this site, according to hospital personnel. Location B (Hoag Health Center at 500 Superior Avenue) is not visible from Newport Boulevard and requires a right and then a left turn to access this location. There are two parking structures, wither small cafe in between them, and the Health Center is well -signed from Superior Avenue. Hoag Hospital personnel indicated that this location was used as a base for shuttle service to the Balboa Peninsula in the past. The Health Center is not staffed on weekends, so there are no parking or traffic conflicts. There is a well-defined path in and out of this location (circling the parking structures), and the cafe area provides a convenient waiting area. There is room for multiple shuttle vehicles at this location. Availability is likely, but has not yet been confirmed. Location A (the lot at West 17th Street & Pomona Avenue) is close to but not visible from Newport Boulevard. Drivers can reach the lot with only one turn. It is not staffed, and it is unclear whether visitors would feel comfortable leaving their cars there for the day. Access to the lot was closed off during fieldwork, but it appears unused during summer months. This is the location farthest away from Balboa Peninsula. Location D (the Avon lot on Avon Street east of Tustin Avenue behind Jack Shrimp) along Mariners Mile is an open, unstaffed lot. It requires two or three turns from Newport Boulevard to access. The lot is owned by the City and is underused. As with the lot at West 171 & Pomona, it is unclear whether visitors would feel comfortable leaving their cars there for the day. It may be more challenging to persuade visitors to look for remote parking once they have reached Coast Highway and are almost to the Peninsula. Dan Boyle & Associates, Inc. Page 6 19 Proximity Location to Safety Availability Visibility Current # City - Newport Cost Spaces owned? Blvd A 17th & Good Poor— unstaffed lot Unknown — no access Poor Free 60 No Pomona on side street duringfieldwork B Hoag Health Fair Good — parking Likely Poor Unknown Over 200 No Center structure C Hoag Hospital Excellent Good — parking Unlikely Excellent $5 to $8 Over 200 No structure D Avon Poor Poor — unstaffed lot Available Poor Free 108 Yes not visible from street E Hoag Hospital Fair Fair— unstaffed lot Possible Poor Free Over 100 No Lower Lot visible from street F Coast Hwy & Fair Fair — unstaffed lot Available Poor Free 52 Yes Superior visible from street Location C (Hoag Hospital) is very visible from Newport Boulevard, is accessible with only one turn from Newport, and has a parking structure. There is a well-defined path in and out of this location and a potential stop location adjacent to the parking structure. Some turns would be tight for a larger vehicle. Fieldwork indicated that traffic on the hospital grounds is light on a summer Saturday. The major disadvantage is that it is unlikely that Hoag Hospital would grant approval for access to this site, according to hospital personnel. Location B (Hoag Health Center at 500 Superior Avenue) is not visible from Newport Boulevard and requires a right and then a left turn to access this location. There are two parking structures, wither small cafe in between them, and the Health Center is well -signed from Superior Avenue. Hoag Hospital personnel indicated that this location was used as a base for shuttle service to the Balboa Peninsula in the past. The Health Center is not staffed on weekends, so there are no parking or traffic conflicts. There is a well-defined path in and out of this location (circling the parking structures), and the cafe area provides a convenient waiting area. There is room for multiple shuttle vehicles at this location. Availability is likely, but has not yet been confirmed. Location A (the lot at West 17th Street & Pomona Avenue) is close to but not visible from Newport Boulevard. Drivers can reach the lot with only one turn. It is not staffed, and it is unclear whether visitors would feel comfortable leaving their cars there for the day. Access to the lot was closed off during fieldwork, but it appears unused during summer months. This is the location farthest away from Balboa Peninsula. Location D (the Avon lot on Avon Street east of Tustin Avenue behind Jack Shrimp) along Mariners Mile is an open, unstaffed lot. It requires two or three turns from Newport Boulevard to access. The lot is owned by the City and is underused. As with the lot at West 171 & Pomona, it is unclear whether visitors would feel comfortable leaving their cars there for the day. It may be more challenging to persuade visitors to look for remote parking once they have reached Coast Highway and are almost to the Peninsula. Dan Boyle & Associates, Inc. Page 6 19 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Location E (the Lower Lot at Hoag Hospital along Coast Highway between Superior Avenue and Newport Boulevard) is an open, unstaffed lot. The City of Newport Beach will be using this lot on Saturdays to shuttle youth sports league players to the City's park on Superior Avenue & Coast Highway. Availability is possible, but has not yet been confirmed. While this location faces the same challenge as the Avon lot in persuading visitors to look for remote parking once they have reached Coast Highway, it is very close to Newport Boulevard. Location F, the lot at Coast Highway & Superior Avenue, is an open, unstaffed lot. This location faces the same challenge in persuading visitors to look for remote parking once they have reached Coast Highway. While only slightly farther west of the Lower Lot, this lot can only be accessed from the northbound lane of Superior Avenue. As seen in the next section, this restricted access results in a lengthy out -of -direction loop on the trip to Balboa Pier. Figure 2 shows route options for the shuttle. All options are identical between Coast Highway and the Balboa Pier. • The red line serves the lot at 171 & Pomona. • The dark blue line serves Hoag Health Center. • The green line serves Hoag Hospital. • The orange line serves the Avon lot at Mariners Mile. • The pink line serves the Lower Hoag Hospital parking lot • The light blue line serves the lot at Superior & Coast Highway Parking lots are shown in white and are outlined by the color of the route serving the lot. Dan Boyle & Associates, Inc. Page 7 20 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Two additional route options were suggested in stakeholder interviews. These options, shown in Figures 3 and 4, are not oriented toward parking for summer day visitors and might be considered as options for future extensions. These routes are very different: The route in dark green (Figure 3) is very short (under two miles round-trip) and connects Lido Marina Village with Newport Pier. The route in pink (Figure 4) is an expansive route connecting Balboa Pier with Mariners Mile, Fashion Island, and various hotels and resorts. Figure 3 Route Options Not Oriented toward Day Visitors: Lido Marina Village -Newport Pier Dan Boyle & Associates, Inc. Page 9 22 Balboa Peninsula ShuttlelTrolley Feasibility Study Figure 4 Final Report Table 2 summarizes distances for each route. Table 2 Distances to Balboa Village in Miles for Each Route Option Route Option Distance SB Distance NB Round-trip Distance A. 1 Vh & Pomona 4.1 4.3 8.4 B. Hoag Health 3.6 3.9 7.5 Center C. Hoag Hospital 3.2 3.4 6.6 D. Avon 3.4 3.4 6.8 E. Hoag Lower Lot 2.9 3.7 6.6 F. Coast Hwy & 3.6 3.9 7.5 Superior Lido Marina 1.0 0.8 1.8 Village Hotel/Resort Loop 14.8 12.1 26.9 Dan Boyle & Associates, Inc. Page 10 23 Balboa Peninsula Shuttle/Trolley Feasibility Study 5. Schedules Final Report Draft schedules have been developed for each of the six parking -based shuttle options and are presented in Appendix A. The running times for each option are based on fieldwork on the Balboa Peninsula on a summer Saturday (July 11, 2015) and the OCTA bus schedule for Route 71, and include a factor for scheduled stops. The shuttle could be operated with stops at all OCTA stops along the route (Appendix B provides a list of OCTA stops that are along one of the routes) or could stop only at select stops. Initial span of service is assumed to be from 10 a.m, to 6 p.m. on Saturday and Sunday. Service is provided every 15 minutes almost all of the day. Most options operate every 20 minutes between 10 and 11 am. A frequency of one bus every 20 minutes between 10 and 11 a.m. is acceptable, based on field observation (the parking lot at Balboa Pier had spaces available until 11:15 a.m.) and experience in Laguna Beach. Table 3 summarizes the schedules for each option. Table 3 Summary of Schedule Information for Each Option Note: Revenue hours are the total number of hours that a shuttle is in service. This includes recovery time at the end of each trip. In Options A and C, the running times allowed service every 12 minutes for two hours at no additional cost Revenue hours of service are highest for the 171 & Pomona option and lowest for the Hoag Hospital and Lower Lot options. The 171 & Pomona option requires five vehicles due to the longer distance involved. Span of service reflects the leave time of the first bus from the parking lot to the arrival of the last bus at the parking lot. 6. Ridership Estimate Ridership estimates are based upon summer 2015 ridership to date in Dana Point and San Juan Capistrano (excluding special events and the 4'h of July weekend) and adjusted ridership in Laguna Beach during its first year of free service in 2002. For the purposes of this estimate, we assume that a Balboa Peninsula trolley/shuttle could achieve a productivity (measured as boardings per revenue hour) of approximately 1/5 of the Laguna Beach Summer Festival Trolley Dan Boyle & Associates, Inc. Page 11 24 Frequency Daily Annual Route Option (minutes) Span of Service Revenue Revenue #vehicles Hours Hours A. 171h & Pomona 15; occasional 10 am -7:41 pm 38.0 759.3 5 B. Hoag Health 15 (20 first 10 am -7:32 pm 32.1 641.0 4 Center hour 15 (20 first C. Hoag Hospital hour); 10 am -7:29 pm 31.9 637.0 4 occasional 12 D. Avon 15 (20 first 10 am -7:31 pm 32.0 639.7 4 hour E. Hoag Lower 15 (20 first 10 am -7:30 pm 31.9 638.3 4 Lot hour F. Coast Hwy & 15 (20 first 10 am -7:35 pm 33.0 660.0 4 Superior hour Note: Revenue hours are the total number of hours that a shuttle is in service. This includes recovery time at the end of each trip. In Options A and C, the running times allowed service every 12 minutes for two hours at no additional cost Revenue hours of service are highest for the 171 & Pomona option and lowest for the Hoag Hospital and Lower Lot options. The 171 & Pomona option requires five vehicles due to the longer distance involved. Span of service reflects the leave time of the first bus from the parking lot to the arrival of the last bus at the parking lot. 6. Ridership Estimate Ridership estimates are based upon summer 2015 ridership to date in Dana Point and San Juan Capistrano (excluding special events and the 4'h of July weekend) and adjusted ridership in Laguna Beach during its first year of free service in 2002. For the purposes of this estimate, we assume that a Balboa Peninsula trolley/shuttle could achieve a productivity (measured as boardings per revenue hour) of approximately 1/5 of the Laguna Beach Summer Festival Trolley Dan Boyle & Associates, Inc. Page 11 24 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report on weekends in 2002. The Dana Point and San Juan Capistrano shuttles are in their first year of operation. The Dana Point shuttle operates primarily on Pacific Coast Highway and connects with major hotels. The San Juan Capistrano shuttle operates hourly as a circulator within the City. The average of the Dana Point, San Juan Capistrano, and adjusted 2002 Laguna Beach productivity figures is 12.7 boardings per revenue hour. To be conservative, this analysis uses a lower value of 10 boardings per revenue hour to estimate potential ridership of the Balboa Peninsula shuttleltrolley service. Assuming 32.0 revenue hours, the resulting daily ridership estimate is 320. There are other factors that can influence ridership. A focused marketing effort publicizing the existence of the shuttle and how to use it will be very important in ensuring the shuttle's success. As noted in Technical Memorandum No. 1, it could take more than one summer to establish the shuttle as an integral part of summer on the Balboa Peninsula. OCTA has changed its Project V guidelines in recognition of the fact that changing people's habits is a slow process. Another interesting factor observed in the fieldwork is related to skepticism over whether beachgoers, who generally bring a lot of beach gear and belongings with them, would be willing to transfer to a shuttle. In the late morning and afternoon, once the parking lot at Balboa Pier was full, many beachgoers were observed carrying their belongings across Balboa Boulevard from wherever they could find parking. A shuttle that brings these beachgoers directly to Balboa Pier would be very attractive to families who currently walk a fair distance to the beach. Cost Estimate Laguna Beach operates its Summer Festival Trolley service directly. Dana Point and San Juan Capistrano have contracted operation of their services to a private contractor. Dana Point received a Project V grant from OCTA and provides a local match of approximately 20 percent. San Juan Capistrano is funding a small demonstration project this summer with City funds. In its Project V application, Dana Point used a cost estimate of $95 per revenue hour to calculate operating costs. For the purposes of this analysis, we assume an operating cost of $100 per revenue hour. Table 4 summarizes estimated operating costs and ridership for the Balboa Peninsula shuttleltrolley. Table 4 uses 32.0 daily revenue hours at a cost of $100 per revenue hour (assumed to include provision of vehicles) and 10 weeks of service on summer Saturdays and Sundays. Table 4 Cost and Ridership Estimates Days of Daily Annual O eration p Revenue Riders Revenue Riders Operating Hours Hours Cost 10 Saturdays 32.0 320 640 6,380 $64,000 10 Sundays Dan Boyle & Associates, Inc. Page 12 25 Balboa Peninsula Shuttle/Trolley Feasibility Study 8. Funding Options Final Report OCTA's M2 program is a 30 -year, multi -billion dollar extension of the original Measure M (approved in 1990) with a new slate of planned projects and programs. Projects S, T, V, and W address public transportation needs. The proposed Balboa Peninsula shuttle could be funded under Project V: Community Based Transit/Circulators. Among the objectives of Project V are to: • Encourage development of local bus transit services such as community-based circulators, shuttles, and bus trolleys • Provide alternatives to address seasonal/special event congestion Capital funding is available for the following purposes: Bus and vehicle leases/purchases Related equipment, including but not limited to: o Bike racks o Software o Communications equipment o Fare collection equipment o Passenger amenities o Americans with Disabilities Act (ADA) equipment for vehicles Maintenance facilities and fueling stations • Bus stop improvements (signage, furniture, and shelters Operations and maintenance funding is available for the following purposes: • Fixed route, deviated fixed route, demand responsive, seasonal community transit, and shuttle services including administration, operations and maintenance of services. Services are to be operated by OCTA, although local agencies may propose an alternate service provider which will be considered at the discretion of OCTA. • Parking leases needed in response to expanded transit services. • Special event shuttle services for events that will create significant congestion. • Other flexible and innovative transit services contingent on the service plan and anticipated service performance. • Marketing efforts including expenditures related to service schedules, marketing materials such as flyers and brochures, and community outreach efforts. Project V contributions for marketing will be capped at $25,000 for the startup cost and up to $10,000 annually thereafter for the remaining grant period. Funding for planning Project V services is available. Up to $50,000 is available for planning. Agencies may be awarded a total from all project categories of no more than $550,000 annually for a period of up to seven years per project. Dan Boyle & Associates, Inc. Page 13 26 Balboa Peninsula Shuttle/Trolley Feasibility Study Table 5 summarizes Project V funding for successful eligible projects. Table 5 Project V Funding Final Report Category Funding Available Comments Applications with local funding greater Capital 90 percent than 10 percent are eligible for additional point scoring 90 percent OR Must meet minimum standard of 6 Operating and $9 per boarding, boardings per revenue hour within Maintenance whichever is less first 12 months and 10 boardings per revenue hour within first 24 months OCTA staff has prepared and presented Program Guidelines for Project V to its Board and is expected to issue a Call for Projects later this year. The recommended next step is to complete and submit a Project V application in response to the Call for Projects. If Newport Beach can replicate the success of shuttles operating in Dana Point (funded through Project V) and San Juan Capistrano in 2015, this productivity target would be attainable. Dan Boyle & Associates, Inc. Page 14 27 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report APPENDIX A DRAFT SCHEDULES Schedule from Hoag Hospital Leave Balboa Arrive Leave Balboa Arrive Hoag Hosp & 15th Balboa Pier Balboa Pier & 16th Hoag Hosp Layover 10:00 AM 10:07 AM 10:15 AM 10:15 AM 10:23 AM 10:30 AM 0:10 10:20 AM 10:27 AM 10:35 AM 10:35 AM 10:43 AM 10:50 AM 0:10 10:40 AM 10:47 AM 10:55 AM 10:55 AM 11:03 AM 11:10 AM 0:20 11:00 AM 11:07 AM 11:15 AM 11:15 AM 11:23 AM 11:30 AM 0:15 11:15 AM 11:22 AM 11:30 AM 11:30 AM 11:38 AM 11:45 AM 0:15 11:30 AM 11:39 AM 11:48 AM 11:48 AM 11:58 AM 12:08 PM 0:07 11:45 AM 11:54 AM 12:03 PM 12:03 PM 12:13 PM 12:23 PM 0:07 12:00 PM 12:10 PM 12:20 PM 12:20 PM 12:31 PM 12:42 PM 0:18 12:15 PM 12:25 PM 12:35 PM 12:35 PM 12:46 PM 12:57 PM 0:15 12:30 PM 12:40 PM 12:50 PM 12:50 PM 1:01 PM 1:12 PM 0:12 12:45 PM 12:55 PM 1:05 PM 1:05 PM 1:16 PM 1:27 PM 0:09 1:00 PM 1:11 PM 1:22 PM 1:22 PM 1:33 PM 1:44 PM 0:04 1:12 PM 1:23 PM 1:34 PM 1:34 PM 1:45 PM 1:56 PM 0:04 1:24 PM 1:35 PM 1:46 PM 1:46 PM 1:57 PM 2:08 PM 0:07 1:36 PM 1:47 PM 1:58 PM 1:58 PM 2:09 PM 2:20 PM 0:10 1:48 PM 1:59 PM 2:10 PM 2:10 PM 2:21 PM 2:32 PM 0:13 2:00 PM 2:11 PM 2:22 PM 2:22 PM 2:33 PM 2:44 PM 0:16 2:15 PM 2:26 PM 2:37 PM 2:37 PM 2:48 PM 2:59 PM 0:13 2:30 PM 2:41 PM 2:52 PM 2:52 PM 3:03 PM 3:14 PM 0:10 2:45 PM 2:56 PM 3:07 PM 3:07 PM 3:18 PM 3:29 PM 0:07 3:00 PM 3:11 PM 3:22 PM 3:22 PM 3:33 PM 3:44 PM 0:06 3:12 PM 3:23 PM 3:34 PM 3:34 PM 3:45 PM 3:56 PM 0:04 3:24 PM 3:35 PM 3:46 PM 3:46 PM 3:57 PM 4:08 PM 0:07 3:36 PM 3:47 PM 3:58 PM 3:58 PM 4:09 PM 4:20 PM 0:10 3:50 PM 4:01 PM 4:12 PM 4:12 PM 4:23 PM 4:34 PM 0:11 4:00 PM 4:11 PM 4:22 PM 4:22 PM 4:33 PM 4:44 PM 0:16 4:15 PM 4:26 PM 4:37 PM 4:37 PM 4:48 PM 4:59 PM 0:16 4:30 PM 4:41 PM 4:52 PM 4:52 PM 5:03 PM 5:14 PM 0:16 4:45 PM 4:56 PM 5:07 PM 5:07 PM 5:18 PM 5:29 PM 0:16 5:00 PM 5:11 PM 5:22 PM 5:22 PM 5:33 PM 5:44 PM 0:16 5:15 PM 5:26 PM 5:37 PM 5:37 PM 5:48 PM 5:59 PM 0:16 5:30 PM 5:41 PM 5:52 PM 5:52 PM 6:03 PM 6:14 PM 0:16 5:45 PM 5:56 PM 6:07 PM 6:07 PM 6:18 PM 6:29 PM 0:16 6:00 PM 6:11 PM 6:22 PM 6:22 PM 6:33 PM 6:44 PM 6:15 PM 6:26 PM 6:37 PM 6:37 PM 6:48 PM 6:59 PM 6:30 PM 6:41 PM 6:52 PM 6:52 PM 7:03 PM 7:14 PM 6:45 PM 6:56 PM 7:07 PM 7:07 PM 7:18 PM 7:29 PM Dan Boyle & Associates, Inc. Page 15 28 Balboa Peninsula Shuttle/Trolley Feasibility Study Schedule from Hoag Health Center Final Report Leave Balboa Arrive Leave Balboa Arrive Hoag HC & 15th Balboa Pier Balboa Pier & 16th Hoag HC Layover 10:00 AM 10:08 AM 10:16 AM 10:16 AM 10:24 AM 10:33 AM 0:07 10:20 AM 10:28 AM 10:36 AM 10:36 AM 10:44 AM 10:53 AM 0:07 10:40 AM 10:48 AM 10:56 AM 10:56 AM 11:04 AM 11:13 AM 0:04 11:00 AM 11:08 AM 11:16 AM 11:16 AM 11:24 AM 11:33 AM 0:12 11:15 AM 11:23 AM 11:31 AM 11:31 AM 11:39 AM 11:48 AM 0:12 11:30 AM 11:39 AM 11:49 AM 11:49 AM 11:59 AM 12:11 PM 0:04 11:45 AM 11:54 AM 12:04 PM 12:04 PM 12:14 PM 12:26 PM 0:04 12:00 PM 12:10 PM 12:21 PM 12:21 PM 12:32 PM 12:45 PM 0:15 12:15 PM 12:25 PM 12:36 PM 12:36 PM 12:47 PM 1:00 PM 0:15 12:30 PM 12:40 PM 12:51 PM 12:51 PM 1:02 PM 1:15 PM 0:15 12:45 PM 12:55 PM 1:06 PM 1:06 PM 1:17 PM 1:30 PM 0:15 1:00 PM 1:11 PM 1:23 PM 1:23 PM 1:34 PM 1:47 PM 0:13 1:15 PM 1:26 PM 1:38 PM 1:38 PM 1:49 PM 2:02 PM 0:13 1:30 PM 1:41 PM 1:53 PM 1:53 PM 2:04 PM 2:17 PM 0:13 1:45 PM 1:56 PM 2:08 PM 2:08 PM 2:19 PM 2:32 PM 0:13 2:00 PM 2:11 PM 2:23 PM 2:23 PM 2:34 PM 2:47 PM 0:13 2:15 PM 2:26 PM 2:38 PM 2:38 PM 2:49 PM 3:02 PM 0:13 2:30 PM 2:41 PM 2:53 PM 2:53 PM 3:04 PM 3:17 PM 0:13 2:45 PM 2:56 PM 3:08 PM 3:08 PM 3:19 PM 3:32 PM 0:13 3:00 PM 3:11 PM 3:23 PM 3:23 PM 3:34 PM 3:47 PM 0:13 3:15 PM 3:26 PM 3:38 PM 3:38 PM 3:49 PM 4:02 PM 0:13 3:30 PM 3:41 PM 3:53 PM 3:53 PM 4:04 PM 4:17 PM 0:13 3:45 PM 3:56 PM 4:08 PM 4:08 PM 4:19 PM 4:32 PM 0:13 4:00 PM 4:11 PM 4:23 PM 4:23 PM 4:34 PM 4:47 PM 0:13 4:15 PM 4:26 PM 4:38 PM 4:38 PM 4:49 PM 5:02 PM 0:13 4:30 PM 4:41 PM 4:53 PM 4:53 PM 5:04 PM 5:17 PM 0:13 4:45 PM 4:56 PM 5:08 PM 5:08 PM 5:19 PM 5:32 PM 0:13 5:00 PM 5:11 PM 5:23 PM 5:23 PM 5:34 PM 5:47 PM 0:13 5:15 PM 5:26 PM 5:38 PM 5:38 PM 5:49 PM 6:02 PM 0:13 5:30 PM 5:41 PM 5:53 PM 5:53 PM 6:04 PM 6:17 PM 0:13 5:45 PM 5:56 PM 6:08 PM 6:08 PM 6:19 PM 6:32 PM 0:13 6:00 PM 6:11 PM 6:23 PM 6:23 PM 6:34 PM 6:47 PM 6:15 PM 6:26 PM 6:38 PM 6:38 PM 6:49 PM 7:02 PM 6:30 PM 6:41 PM 6:53 PM 6:53 PM 7:04 PM 7:17 PM 6:45 PM 6:56 PM 7:08 PM 7:08 PM 7:19 PM 7:32 PM Dan Boyle & Associates, Inc. Page 16 29 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Schedule from 17th & Pomona Leave 17th Balboa Arrive Leave Balboa Arrive 17th & Pomona & 15th Balboa Pier Balboa Pier & 16th & Pomona Layover 10:00 AM 10:11 AM 10:19 AM 10:19 AM 10:27 AM 10:39 AM 12:06 AM 10:15 AM 10:26 AM 10:34 AM 10:34 AM 10:42 AM 10:54 AM 12:06 AM 10:30 AM 10:41 AM 10:49 AM 10:49 AM 10:57 AM 11:09 AM 12:06 AM 10:45 AM 10:56 AM 11:04 AM 11:04 AM 11:12 AM 11:24 AM 12:06 AM 11:00 AM 11:11 AM 11:19 AM 11:19 AM 11:27 AM 11:39 AM 12:06 AM 11:15 AM 11:26 AM 11:34 AM 11:34 AM 11:42 AM 11:54 AM 12:06 AM 11:30 AM 11:44 AM 11:53 AM 11:53 AM 12:03 PM 12:18 PM 12:12 AM 11:45 AM 11:59 AM 12:08 PM 12:08 PM 12:18 PM 12:33 PM 12:12 AM 12:00 PM 12:16 PM 12:26 PM 12:26 PM 12:37 PM 12:53 PM 12:07 AM 12:15 PM 12:31 PM 12:41 PM 12:41 PM 12:52 PM 1:08 PM 12:07 AM 12:30 PM 12:46 PM 12:56 PM 12:56 PM 1:07 PM 1:23 PM 12:07 AM 12:45 PM 1:01 PM 1:11 PM 1:11 PM 1:22 PM 1:38 PM 12:07 AM 1:00 PM 1:16 PM 1:27 PM 1:27 PM 1:38 PM 1:55 PM 12:05 AM 1:15 PM 1:31 PM 1:42 PM 1:42 PM 1:53 PM 2:09 PM 12:06 AM 1:30 PM 1:46 PM 1:57 PM 1:57 PM 2:08 PM 2:24 PM 12:06 AM 1:45 PM 2:01 PM 2:12 PM 2:12 PM 2:23 PM 2:39 PM 12:06 AM 2:00 PM 2:16 PM 2:27 PM 2:27 PM 2:38 PM 2:56 PM 12:04 AM 2:15 PM 2:31 PM 2:42 PM 2:42 PM 2:53 PM 3:11 PM 12:13 AM 2:30 PM 2:46 PM 2:57 PM 2:57 PM 3:08 PM 3:26 PM 12:10 AM 2:45 PM 3:01 PM 3:12 PM 3:12 PM 3:23 PM 3:41 PM 12:07 AM 3:00 PM 3:16 PM 3:27 PM 3:27 PM 3:38 PM 3:56 PM 12:04 AM 3:12 PM 3:28 PM 3:39 PM 3:39 PM 3:50 PM 4:08 PM 12:07 AM 3:24 PM 3:40 PM 3:51 PM 3:51 PM 4:02 PM 4:20 PM 12:10 AM 3:36 PM 3:52 PM 4:03 PM 4:03 PM 4:14 PM 4:32 PM 12:13 AM 3:48 PM 4:04 PM 4:15 PM 4:15 PM 4:26 PM 4:44 PM 12:16 AM 4:00 PM 4:16 PM 4:27 PM 4:27 PM 4:38 PM 4:56 PM 12:16 AM 4:15 PM 4:31 PM 4:42 PM 4:42 PM 4:53 PM 5:11 PM 12:13 AM 4:30 PM 4:46 PM 4:57 PM 4:57 PM 5:08 PM 5:26 PM 12:10 AM 4:45 PM 5:01 PM 5:12 PM 5:12 PM 5:23 PM 5:41 PM 12:07 AM 5:00 PM 5:16 PM 5:27 PM 5:27 PM 5:38 PM 5:56 PM 12:04 AM 5:12 PM 5:28 PM 5:39 PM 5:39 PM 5:50 PM 6:08 PM 12:07 AM 5:24 PM 5:40 PM 5:51 PM 5:51 PM 6:02 PM 6:20 PM 12:10 AM 5:36 PM 5:52 PM 6:03 PM 6:03 PM 6:14 PM 6:32 PM 12:13 AM 5:48 PM 6:04 PM 6:15 PM 6:15 PM 6:26 PM 6:44 PM 6:00 PM 6:16 PM 6:27 PM 6:27 PM 6:38 PM 6:56 PM 6:15 PM 6:31 PM 6:42 PM 6:42 PM 6:53 PM 7:11 PM 6:30 PM 6:46 PM 6:57 PM 6:57 PM 7:08 PM 7:26 PM 6:45 PM 7:01 PM 7:12 PM 7:12 PM 7:23 PM 7:41 PM Dan Boyle & Associates, Inc. Page 17 30 Balboa Peninsula ShuttlelTrolley Feasibility Study Schedule from Avon Leave Balboa Avon lot & 15th 10:00 AM 10:08 AM 10:20 AM 10:28 AM 10:40 AM 10:48 AM 11:00 AM 11:08 AM 11:15 AM 11:23 AM 11:30 AM 11:40 AM 11:45 AM 11:55 AM 12:00 PM 12:12 PM 12:15 PM 12:27 PM 12:30 PM 12:42 PM 12:45 PM 12:57 PM 1:00 PM 1:11 PM 1:15 PM 1:26 PM 1:30 PM 1:41 PM 1:45 PM 1:56 PM 2:00 PM 2:12 PM 2:15 PM 2:27 PM 2:30 PM 2:42 PM 2:45 PM 2:57 PM 3:00 PM 3:12 PM 3:15 PM 3:27 PM 3:30 PM 3:42 PM 3:45 PM 3:57 PM 4:00 PM 4:12 PM 4:15 PM 4:27 PM 4:30 PM 4:42 PM 4:45 PM 4:57 PM 5:00 PM 5:12 PM 5:15 PM 5:27 PM 5:30 PM 5:42 PM 5:45 PM 5:57 PM 6:00 PM 6:12 PM 6:15 PM 6:27 PM 6:30 PM 6:42 PM 6:45 PM 6:57 PM Dan Boyle & Associates, Inc. Arrive Leave Balboa Arrive Balboa Pier Balboa Pier & 16th Avon lot 10:16 AM 10:16 AM 10:24 AM 10:31 AM 10:36 AM 10:36 AM 10:44 AM 10:51 AM 10:56 AM 10:56 AM 11:04 AM 11:11 AM 11:16 AM 11:16 AM 11:24 AM 11:31 AM 11:31 AM 11:31 AM 11:39 AM 11:46 AM 11:49 AM 11:49 AM 11:57 AM 12:09 PM 12:04 PM 12:04 PM 12:14 PM 12:24 PM 12:22 PM 12:22 PM 12:32 PM 12:43 PM 12:37 PM 12:37 PM 12:48 PM 12:58 PM 12:52 PM 12:52 PM 1:03 PM 1:13 PM 1:07 PM 1:07 PM 1:18 PM 1:28 PM 1:22 PM 1:22 PM 1:33 PM 1:45 PM 1:37 PM 1:37 PM 1:48 PM 2:00 PM 1:52 PM 1:52 PM 2:03 PM 2:15 PM 2:07 PM 2:07 PM 2:18 PM 2:30 PM 2:23 PM 2:23 PM 2:34 PM 2:46 PM 2:38 PM 2:38 PM 2:49 PM 3:01 PM 2:53 PM 2:53 PM 3:04 PM 3:16 PM 3:08 PM 3:08 PM 3:19 PM 3:31 PM 3:23 PM 3:23 PM 3:34 PM 3:46 PM 3:38 PM 3:38 PM 3:49 PM 4:01 PM 3:53 PM 3:53 PM 4:04 PM 4:16 PM 4:08 PM 4:08 PM 4:19 PM 4:31 PM 4:23 PM 4:23 PM 4:34 PM 4:46 PM 4:38 PM 4:38 PM 4:49 PM 5:01 PM 4:53 PM 4:53 PM 5:04 PM 5:16 PM 5:08 PM 5:08 PM 5:19 PM 5:31 PM 5:23 PM 5:23 PM 5:34 PM 5:46 PM 5:38 PM 5:38 PM 5:49 PM 6:01 PM 5:53 PM 5:53 PM 6:04 PM 6:16 PM 6:08 PM 6:08 PM 6:19 PM 6:31 PM 6:23 PM 6:23 PM 6:34 PM 6:46 PM 6:38 PM 6:38 PM 6:49 PM 7:01 PM 6:53 PM 6:53 PM 7:04 PM 7:16 PM 7:08 PM 7:08 PM 7:19 PM 7:31 PM Final Report Layover 0:09 0:09 0:06 0:14 0:14 0:06 0:06 0:17 0:17 0:17 0:17 0:15 0:15 0:15 0:15 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 0:14 Page 18 31 Balboa Peninsula Shuttlelrrolley Feasibility Study Final Report Schedule from Lower Lot Leave Balboa Arrive Leave Balboa Arrive Lower lot & 15th Balboa Pier Balboa Pier & 16th Lower lot Layover 10:00 AM 10:06 AM 10:14 AM 10:14 AM 10:22 AM 10:31 AM 0:09 10:20 AM 10:26 AM 10:34 AM 10:34 AM 10:42 AM 10:51 AM 0:09 10:40 AM 10:46 AM 10:54 AM 10:54 AM 11:02 AM 11:11 AM 0:04 11:00 AM 11:06 AM 11:14 AM 11:14 AM 11:22 AM 11:31 AM 0:14 11:15 AM 11:21 AM 11:29 AM 11:29 AM 11:37 AM 11:46 AM 0:14 11:30 AM 11:38 AM 11:47 AM 11:47 AM 11:55 AM 12:08 PM 0:07 11:45 AM 11:53 AM 12:02 PM 12:02 PM 12:12 PM 12:23 PM 0:07 12:00 PM 12:09 PM 12:19 PM 12:19 PM 12:29 PM 12:42 PM 0:18 12:15 PM 12:24 PM 12:34 PM 12:34 PM 12:45 PM 12:57 PM 0:18 12:30 PM 12:39 PM 12:49 PM 12:49 PM 1:00 PM 1:12 PM 0:18 12:45 PM 12:54 PM 1:04 PM 1:04 PM 1:15 PM 1:27 PM 0:18 1:00 PM 1:09 PM 1:20 PM 1:20 PM 1:31 PM 1:44 PM 0:16 1:15 PM 1:24 PM 1:35 PM 1:35 PM 1:46 PM 1:59 PM 0:16 1:30 PM 1:39 PM 1:50 PM 1:50 PM 2:01 PM 2:14 PM 0:16 1:45 PM 1:54 PM 2:05 PM 2:05 PM 2:16 PM 2:29 PM 0:16 2:00 PM 2:09 PM 2:20 PM 2:20 PM 2:31 PM 2:45 PM 0:15 2:15 PM 2:24 PM 2:35 PM 2:35 PM 2:46 PM 3:00 PM 0:15 2:30 PM 2:39 PM 2:50 PM 2:50 PM 3:01 PM 3:15 PM 0:15 2:45 PM 2:54 PM 3:05 PM 3:05 PM 3:16 PM 3:30 PM 0:15 3:00 PM 3:09 PM 3:20 PM 3:20 PM 3:31 PM 3:45 PM 0:15 3:15 PM 3:24 PM 3:35 PM 3:35 PM 3:46 PM 4:00 PM 0:15 3:30 PM 3:39 PM 3:50 PM 3:50 PM 4:01 PM 4:15 PM 0:15 3:45 PM 3:54 PM 4:05 PM 4:05 PM 4:16 PM 4:30 PM 0:15 4:00 PM 4:09 PM 4:20 PM 4:20 PM 4:31 PM 4:45 PM 0:15 4:15 PM 4:24 PM 4:35 PM 4:35 PM 4:46 PM 5:00 PM 0:15 4:30 PM 4:39 PM 4:50 PM 4:50 PM 5:01 PM 5:15 PM 0:15 4:45 PM 4:54 PM 5:05 PM 5:05 PM 5:16 PM 5:30 PM 0:15 5:00 PM 5:09 PM 5:20 PM 5:20 PM 5:31 PM 5:45 PM 0:15 5:15 PM 5:24 PM 5:35 PM 5:35 PM 5:46 PM 6:00 PM 0:15 5:30 PM 5:39 PM 5:50 PM 5:50 PM 6:01 PM 6:15 PM 0:15 5:45 PM 5:54 PM 6:05 PM 6:05 PM 6:16 PM 6:30 PM 0:15 6:00 PM 6:09 PM 6:20 PM 6:20 PM 6:31 PM 6:45 PM 6:15 PM 6:24 PM 6:35 PM 6:35 PM 6:46 PM 7:00 PM 6:30 PM 6:39 PM 6:50 PM 6:50 PM 7:01 PM 7:15 PM 6:45 PM 6:54 PM 7:05 PM 7:05 PM 7:16 PM 7:30 PM Dan Boyle & Associates, Inc. Page 19 32 Balboa Peninsula Shuttle/Trolley Feasibility Study Final Report Schedule from Coast Hwy & Superior Leave Coast Balboa Arrive Leave Balboa Arrive Coast & Superior & 15th Balboa Pier Balboa Pier & 16th & Superior Layover 10:00 AM 10:09 AM 10:17 AM 10:17 AM 10:25 AM 10:34 AM 0:06 10:20 AM 10:29 AM 10:37 AM 10:37 AM 10:45 AM 10:54 AM 0:06 10:40 AM 10:49 AM 10:57 AM 10:57 AM 11:05 AM 11:14 AM 0:16 11:00 AM 11:09 AM 11:17 AM 11:17 AM 11:25 AM 11:34 AM 0:11 11:15 AM 11:24 AM 11:32 AM 11:32 AM 11:40 AM 11:49 AM 0:11 11:30 AM 11:42 AM 11:51 AM 11:51 AM 11:59 AM 12:13 PM 0:17 11:45 AM 11:57 AM 12:06 PM 12:06 PM 12:16 PM 12:28 PM 0:17 12:00 PM 12:13 PM 12:23 PM 12:23 PM 12:33 PM 12:47 PM 0:13 12:15 PM 12:28 PM 12:38 PM 12:38 PM 12:49 PM 1:02 PM 0:13 12:30 PM 12:43 PM 12:53 PM 12:53 PM 1:04 PM 1:17 PM 0:13 12:45 PM 12:58 PM 1:08 PM 1:08 PM 1:19 PM 1:32 PM 0:13 1:00 PM 1:13 PM 1:24 PM 1:24 PM 1:35 PM 1:49 PM 0:11 1:15 PM 1:28 PM 1:39 PM 1:39 PM 1:50 PM 2:04 PM 0:11 1:30 PM 1:43 PM 1:54 PM 1:54 PM 2:05 PM 2:19 PM 0:11 1:45 PM 1:58 PM 2:09 PM 2:09 PM 2:20 PM 2:34 PM 0:11 2:00 PM 2:13 PM 2:24 PM 2:24 PM 2:35 PM 2:50 PM 0:10 2:15 PM 2:28 PM 2:39 PM 2:39 PM 2:50 PM 3:05 PM 0:10 2:30 PM 2:43 PM 2:54 PM 2:54 PM 3:05 PM 3:20 PM 0:10 2:45 PM 2:58 PM 3:09 PM 3:09 PM 3:20 PM 3:35 PM 0:10 3:00 PM 3:13 PM 3:24 PM 3:24 PM 3:35 PM 3:50 PM 0:10 3:15 PM 3:28 PM 3:39 PM 3:39 PM 3:50 PM 4:05 PM 0:10 3:30 PM 3:43 PM 3:54 PM 3:54 PM 4:05 PM 4:20 PM 0:10 3:45 PM 3:58 PM 4:09 PM 4:09 PM 4:20 PM 4:35 PM 0:10 4:00 PM 4:13 PM 4:24 PM 4:24 PM 4:35 PM 4:50 PM 0:10 4:15 PM 4:28 PM 4:39 PM 4:39 PM 4:50 PM 5:05 PM 0:10 4:30 PM 4:43 PM 4:54 PM 4:54 PM 5:05 PM 5:20 PM 0:10 4:45 PM 4:58 PM 5:09 PM 5:09 PM 5:20 PM 5:35 PM 0:10 5:00 PM 5:13 PM 5:24 PM 5:24 PM 5:35 PM 5:50 PM 0:10 5:15 PM 5:28 PM 5:39 PM 5:39 PM 5:50 PM 6:05 PM 0:10 5:30 PM 5:43 PM 5:54 PM 5:54 PM 6:05 PM 6:20 PM 0:10 5:45 PM 5:58 PM 6:09 PM 6:09 PM 6:20 PM 6:35 PM 0:10 6:00 PM 6:13 PM 6:24 PM 6:24 PM 6:35 PM 6:50 PM 6:15 PM 6:28 PM 6:39 PM 6:39 PM 6:50 PM 7:05 PM 6:30 PM 6:43 PM 6:54 PM 6:54 PM 7:05 PM 7:20 PM 6:45 PM 6:58 PM 7:09 PM 7:09 PM 7:20 PM 7:35 PM Dan Boyle & Associates, Inc. Page 20 33 Balboa Peninsula Shuttle/Trolley Feasibility Study APPENDIX B EXISTING OCTA STOPS ON ROUTE 71 AND ROUTE 1 Line 71 stops south of Newport & 17th Street Southbound Northbound Hospital & Placentia WB Oceanfront - Palm Hospital & Superior WB Superior & Ticonderoga* Coast & Balboa EB Coast & Balboa Coves EB Newport & Short Newport & 31 st Newport & 28th Newport & 23rd Balboa & 19th Balboa & 17th Balboa & 15th Balboa & 13th Balboa & 11th Balboa & 8th Balboa & Island Balboa & Coronado Balboa & Adams Oceanfront — Palm Balboa & Palm Balboa & Coronado Balboa & Island Balboa & 8th Balboa & 12th Balboa & 16th Balboa & 20th Balboa & 23rd * Balboa & 28th * 32nd & Lake EB* Newport & Finley Coast & Hoag Hospital WB Superior & Ticonderoga Hospital & Superior EB Hospital & Hoag EB NOTE: Stops with an asterisk are not on any proposed trolley route. Line 1 stops along Coast Highway on potential routes East/Southbound West/Northbound Coast & Balboa Coast & Riverside Coast & Balboa Coves Coast & Hoag Hospital Coast & Tustin Dan Boyle & Associates, Inc. Final Report Page 21 34 Attachment 2 City Council Resolution Bbl RESOLUTION NO. 2016-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AUTHORIZING THE SUBMITTAL OF BALBOA PENINSULA SHUTTLE PROGRAM TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER PROJECT V COMMUNITY BASED TRANSIT/CIRCULATORS WHEREAS, the City of Newport Beach desires to implement a shuttle program to offer alternative modes of transportation on Balboa Peninsula for its residents and visitors during the busy summer weekends; WHEREAS, the City of Newport Beach has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M "fair share" funds; WHEREAS, the City's Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways; and WHEREAS, the City of Newport Beach will provide matching funds for the Balboa Peninsula Shuttle Program, as required by the Orange County Project V Community Based Transit/Circulators and Program Guidelines. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City shall submit a grant application in accordance with the Orange County Project V Community Based Transit/Circulators and Program Guidelines requesting the Orange County Transportation Authority allocate funds in the amount specified in the application to the City of Newport Beach. Said funds shall be matched by funds from the City as required and shall be used as supplemental funding to aid the City in implementing the Balboa Peninsula Shuttle Program. Section 3: 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. 36 Resolution No. 2016-15 Page 2 of 2 Section 4: 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 26th day of January, 2016. ATTEST: 6 ; bnw� Leilani I. Brown City Clerk Mayor .01 37 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-15 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 2611' day of January, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27° day of January, 2016. a 49j� City Clerk Newport Beach, California (Seal) 38 Attachment 3 Hoag Hospital Lease Agreement 39 PARKING LICENSE THIS PARKING LICENSE ("License") is made and entered into on 20 by and between Hoag Memorial Hospital Presbyterian, a California not profit public benefit corporation and ("Licensor"), and ( "Licensee"), who agree as follows: i IJ[y41.WQK•101Z3ANWIM3ZTO310 Licensor hereby Licenses to Licensee, and Licensee Licenses from Licensor, not to exceed _ unreserved and unassigned parking spaces in the Sunset Parking Lot as generally shown on the Site Plan attached hereto as Exhibit "A". Licensee shall not be permitted to park in any other area on the Property without the prior, express written consent of Licensor. The shuttle busses of Licensee shall only follow the route depicted in Exhibit "A" attached hereto. 2. TERM. The term of the License shall be for a period of and shall commence on and shall terminate on unless Licensee shall hold over under the terms contained herein ("Term"). Licensee shall pay Licensor as rent the amount ($___) per week ("Rent") for the Term. All rent due hereunder shall be due and payable to Licensor on the first day of each calendar month. All other items of Rent shall be due and payable by Licensee on or before 20 days after Licensor delivers to Licensee a statement or invoice therefor. Base Rent shall be fully abated provided that Licensee fully, faithfully, and punctually performs all of Licensee's obligations hereunder including, without limitation, the payment of monetary obligations (other than the abated rent) and the performance of all non -monetary obligations. Licensor shall be entitled to record the amount of abated rent as a contribution to Licensor's community benefit program. If Licensee defaults under this agreement and does not cure such default under any applicable grace period, the rent abatement provided herein shall terminate. 4. HOLDING OVER. If Licensee holds over after the expiration of the Licensee Term hereof, with or without the express or implied consent of Licensor, such tenancy shall be from day-to-day only, and shall not constitute a renewal hereof or an extension for any further term, and in such case Rent shall be payable at a daily rate equal to $500.00 per calendar day. 5. USE. Licensee shall use the Parking Areas for parking purposes only for its customers and employees, in accordance with the rules and regulations established by Licensor or its agent from time to time. 6. TAXES. Licensor shall pay, before delinquency, all real estate taxes and assessments levied or assessed against the Parking Areas after the Commencement Date. However, Licensee shall pay any and all governmental fees, taxes, or assessments levied or charged with respect to the use of the parking spaces, which are the subject matter hereof. UTILITY SERVICES. Licensor shall provide the gas, light, power, and telephone services necessary for the efficient operation of the Parking Areas. 8. ALTERATIONS AND ADDITIONS. Licensee shall not make any alterations, improvements or additions in or about the Parking Areas. 9. NO BAILMENT. THE PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO BAILMENT SHALL BE CREATED BY THIS LICENSE AND LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO THE PERSONAL PROPERTY OF LICENSEE, ITS EMPLOYEES, LICENSEES, OR INVITEES, OR ANY ARTICLE LEFT THEREIN, WHETHER OR NOT THE CAUSE OF SAME IS DUE TO THE NEGLIGENCE OF LICENSOR, ITS AGENTS OR EMPLOYEES. 10. INDEMNITY. Licensee aggress to indemnify, defend, and hold Licensor and Hoag Memorial Hospital Presbyterian, and each of its subsidiaries, Boards of Directors, Officers, Employees, and Agents and managers ("Indemnities" and "Indemnified Parties"), harmless from any claim, cause of action, damage, liability or costs, including reasonable attorney's fees and costs of defense, arising from or related to this License or Licensee's use of the Parking Areas and/or property. T� I`M11117 RES) ap During the term of this agreement, Licensee shall secure and maintain at all times during the term of this agreement, at Licensee's sole expense, the insurance coverage required herein, with insurance companies rated A by the A.M. Best Company, Occurrence coverage is preferred but if claims made coverage is provided, it shall be maintained for a minimum of three (3) years after the date of termination of this agreement. Insurance required under this Agreement shall be: Commercial General Liability (bodily injury, property damage, personal injury, and vehicle liability) insurance, with a single limit of not less than $1,000,000 per Occurrence, or current limit carried, whichever is greater, and $2,000,000 in the Aggregate, or current limits carried, whichever is greater. Coverage shall include, without limitation, coverage for bodily injury, including death; contractual liability specifically covering the indemnity obligations stated herein and elsewhere in the Agreement, and personal injury including coverage for suits brought by employees of Licensee. Automobile Liability insurance to cover, without limitation, claims based on automobile liability (bodily injury and property damage) including coverage for all owned, hired and non -owned automobiles with minimum limits of Two Million Dollars ($2,000,000) Combined Single Limit. General Liability and Automobile Liability Insurance shall include the following provisions, coverage, and endorsements: The Indemnified Parties, Hoag Memorial Hospital Presbyterian shall be included as additional insured's ("Additional Insured's"). Licensee and Licensee's insurance companies waive their rights to subrogation against the above Additional Insured's. The insurance carried by the Licensee shall include contractual liability endorsements insuring the indemnity clause of this Agreement. Licensee's insurance shall be primary coverage, and any insurance or self-insurance carried by Indemnified Parties and Additional Insured's shall be excess and noncontributory. Thirty (30) days prior written notice of cancellation or material change in the insurance must be given to Licensee. Licensee shall provide the Licensor with a certificate of insurance and endorsements evidencing the required coverage. Failure to secure and/or maintain insurance coverage under this Agreement shall be considered a material breach of this Agreement. Nothing contained in this subsection shall be read to limit Licensee's indemnity responsibility under this Agreement. The failure to secure and maintain or add by endorsement any Indemnified Party shall not act as a defense to the enforcement of the terms of the Agreement. Any such insurance policy shall apply separately to each insured against whom claim is made or suit is brought and shall contain no provision, which excludes coverage of a claim made, by one insured under the policy against another insured under the policy. 12. Licensees may only assign, sublet, mortgage, or otherwise transfer or encumber its interest in this License or the parking spaces Licensed hereunder with the prior written consent of Licensor. 13. DEFAULT. It is agreed between the parties hereto that if any rent shall be due hereunder and unpaid, or if a receiver be appointed to take possession of substantially all of Licensee's assets or of Licensee's interest in this License, or if Licensee shall make a general assignment or arrangement for the benefit of creditors, or if Licensee shall take any action under the insolvency or Bankruptcy act, or if Licensee shall default and breach any other covenant or provision of this License, then the Licensor, after giving the proper notice required by law, may remove any property and any and all persons from the Parking Areas in the manner allowed by law. The Licensor may, at his option, either terminate this License or maintain this License in full force and effect and recover the rent and other charges as they become due, in which case Licensor shall have all of the rights and remedies provided in California Civil Code Section 1751.4. In addition, the Licensor may recover all rentals and any other damages and pursue any other rights and remedies which the Licensor may have against the Licensee by reason of such default as provided by law. 14. NOTICES. Whenever under the License provision is made for notice or demand, it shall be in writing and signed by or on behalf of the party giving the notice or making the demand; it shall be served either personally or by registered or certified mail; if served personally, service shall be conclusively deemed made upon delivery; if served by registered or certified mail, service shall be conclusively deemed made seventy-two (72) hours after the deposit thereof in the United States mail, postage prepaid, with return -receipt requested. Any notice or demand to either party shall be given at the addresses appearing below: Licensor: Licensee: Hoag Memorial Hospital Presbyterian 510 Superior Avenue, Suite 290 Newport Beach, CA 92663 Attn: Director, Real Estate Attn: Either parry may change its address for purposes of this paragraph by notifying the other parry of such change by the methods herein provided. 15. ATTORNEYS' FEES. If either parry hereto shall engage counsel to enforce or interpret this License or shall file any action against the other party arising out of this License, or for a declaration of any rights hereunder, the prevailing parry therein shall be entitled to recover from the other parry all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing parry in connection therewith. 16. TRASH PICK-UP. Licensor will be responsible to arrange for the clean-up of any trash left in the Sunset Lot attributable to Licensee's use and will submit an invoice to Licensee for the service. Licensee will reimburse Licensor for the cost of the service within 20 days of receipt of the invoice. 17. MISCELLANEOUS. a) Waiver of Default. The waiver of either party of any default in the performance by the other parry of any covenant contained herein shall not be construed to be a waiver of any preceding or subsequent default of the same or any other covenant contained herein. b) Successors. Subject to any restrictions or assignment set forth herein, each and every covenant and condition of this License shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns. c) Interpretation. The captions for each of the paragraphs of this License are inserted for convenience only and shall have no effect upon the interpretation of this License. If either party consists of more than one person, each person shall be jointly and severally liable hereunder. No provisions of this License shall be interpreted for or against either party because that parry or that party's legal representative drafted such provision. 0 d) Request for Consent of Approval. Whenever under the terms of this License either Licensor's or Licensee's consent or approval is required as a condition to action by the other parry, the request for such consent or approval shall be in writing. e) No Benefit to Third Parties. The parties acknowledge and agree that the provisions of this License are for the sole benefit of Licensor and Licensee and not for the benefit, directly, or indirectly, of any other person entity, except as otherwise expressly provided herein. f) No Brokers. Licensor and Licensee each represents and covenants to the other that there are no brokerage commissions or finder's fees payable with respect to the transactions contemplated by this License. Each party agrees to indemnify, defend, and hold the other party harmless from and against all demands, claims, losses, liabilities, actions, causes of action or costs and expenses, including, without limitation, attorney's fees, of any kind arising out of a contention by any person or entity that any real estate commission or finder's fee is payable because of the acts of such indemnifying party. If such claim for a real estate commission or finder's fee is claimed by reason of the actions of both parties, the party whose actions first gave rise to such claims shall be responsible therefore. g) Entire Instrument. This License contains the parties entire agreement with respect to subject matter hereof and the parties agree and acknowledge that any and all agreements and discussions heretofore or contemporaneously made by the parties with respect to the subject matter hereof are set forth in this License. This License cannot be modified in any respect, except by a writing executed by both of the parties hereto. h) Use of Language. Words of any gender used in this License shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, unless the context requires otherwise. i) Severability. In the event that any provision of this License is found to be invalid, unenforceable, or illegal, it shall be deemed deleted from the License, and the balance of the provisions of this License shall be valid and enforceable as to the parties as if the deleted portion were never a parry hereof. LICENSOR: Hoag Memorial Hospital Presbyterian LICENSEE: By: Name: Sanford Smith Title: Sr. Vice President By: Name: Title: By: Name: Title: Karen Torres Director, Real Estate Exhibit "A" Location and Shuttle Route 7 Attachment 4 Operations Plan 40 ATTACHMENTS BALBOA PENINSULA SHUTTLE PROGRAM OPERATIONS PLAN Figure 1 shows the proposed route for the Balboa Peninsula Shuttle. The Hoag Hospital Lower Lot of is shown in white. There would be no charge to park at the Hoag Lot. From this location, the shuttle will travel east on Pacific Coast Highway, south on Newport Boulevard into Balboa Boulevard and east to the Balboa Pier, sharing the layover space currently used by OCTA Line 71 or adjacent spaces available during summer weekends. The draft time table for the shuttle is shown on Table 1 (shown at the end of this Plan). Service before 10 a.m. is for passengers utilizing Catalina Flyer and will travel non-stop between the Lower Lot and Balboa Pier. Service will be provided in 15 minute headways. Running times are based on fieldwork conducted in the summer of 2015. Adequate layover time is provided to allow for traffic congestion on Balboa Boulevard. The vehicle fleet requires four vehicles; each is shown in a different color in Table 1. A fifth vehicle would be maintained in reserve during peak periods to ensure acceptable headways are maintained. The Balboa Village Advisory Committee expressed a strong preference for an open-air shuttle vehicle. The preference is for open-air trolley design which will include bike racks, options for beach gear and baggage (for Catalina Flyer passengers), technology for locating vehicles and/or use of smart phone app. The City may opt for "wrapped" shuttle design in first year, if needed. The selected operator shall present a method for measuring ridership, include ridership satisfaction and on-time performance. Ridership data shall be presented to the City monthly, so that the City can submit quarterly reports to the OCTA. Total daily revenue hours are 43.3. Stop locations are listed in Table 2. Three new stops are required; if the shuttle is rerouted northbound along Balboa Boulevard between 23rd and 32nd Streets (following the routing of OCTA Line 71), then only one new stop would be needed at the Hoag Hospital Lower Lot. Table 2 Pr000sed Storrs Southbound Stops Northbound Stops Hoag Lower Lot Oceanfront — Palm Hospital & Hoag EB Balboa & Coronado Newport & Short Balboa & 8"h Newport & 28" Balboa & 12'" Newport & 23'd Balboa & 161h Balboa & 1 g1 Balboa & 201h Balboa & 15"h Newport & 2P Balboa & 11m Newport & 28n Balboa & 8"h Newport & Finley Balboa & Coronado Hospital & Hoag WB Oceanfront — Palm Hoag Lower Lot • Notes: Stops in italics are new stops. 41 ATTACHMENT 5 Average speeds were calculated at various times of the day to develop the schedule, as shown in Table 3. Average speed varies from 8.9 to 15 miles per hour. Either of the vehicle types under consideration can operate safely at these speeds. Table 3 Averaqe Speeds by Hour Hour Average Speed 7 a.m. 15.0 8 a.m. 15.0 9 a.m. No service 10 a.m. 13.0 11 a.m. 13.0/10.5 12 p.m. 9.5 1 P.M. 9.1 2 p.m. 8.9 3 p.m. 8.9 4 p.m. 8.9 5 P.M. 8.9 6 P.M. 8.9 7 p.m. 9.7 8 p.m. 9.7 9 P.M. 9.7 42 ATTACHMENT 5 Table 1 Draft Time Table Schedule from Lower Lot Leave Balboa Arrive Leave Balboa Arrive Lower lot & 15th Balboa Pier Balboa Pier & 16th Lower lot Layover 7:30 AM 7:42 AM 7:42 AM 7:57 AM 0:03 7:45 AM 7:57 AM 7:57 AM 8:12 AM 0:03 8:00 AM 8:12 AM 8:12 AM 8:27 AM 0:03 8:15 AM 8:27 AM 8:27 AM 8:42 AM 0:03 8:30 AM 8:42 AM 8:42 AM 8:57 AM 8:45 AM 8:57 AM 8:57 AM 9:12 AM 10:00 AM 10:06 AM 10:14 AM 10:14 AM 10:22 AM 10:31 AM 0:14 10:15 AM 10:21 AM 10:29 AM 10:29 AM 10:37 AM 10:46 AM 0:14 10:30 AM 10:36 AM 10:44 AM 10:44 AM 10:52 AM 11:01 AM 0:14 10:45 AM 10:51 AM 10:59 AM 10:59 AM 11:07 AM 11:16 AM 0:14 11:00 AM 11:06 AM 11:14 AM 11:14 AM 11:22 AM 11:31 AM 0:14 11:15 AM 11:21 AM 11:29 AM 11:29 AM 11:37 AM 11:46 AM 0:14 11:30 AM 11:38 AM 11:47 AM 11:47 AM 11:55 AM 12:08 PM 0:07 11:45 AM 11:53 AM 12:02 PM 12:02 PM 12:12 PM 12:23 PM 0:07 12:00 PM 12:09 PM 12:19 PM 12:19 PM 12:29 PM 12:42 PM 0:18 12:15 PM 12:24 PM 12:34 PM 12:34 PM 12:45 PM 12:57 PM 0:18 12:30 PM 12:39 PM 12:49 PM 12:49 PM 1:00 PM 1:12 PM 0:18 12:45 PM 12:54 PM 1:04 PM 1:04 PM 1:15 PM 1:27 PM 0:18 1:00 PM 1:09 PM 1:20 PM 1:20 PM 1:31 PM 1:44 PM 0:16 1:15 PM 1:24 PM 1:35 PM 1:35 PM 1:46 PM 1:59 PM 0:16 1:30 PM 1:39 PM 1:50 PM 1:50 PM 2:01 PM 2:14 PM 0:16 1:45 PM 1:54 PM 2:05 PM 2:05 PM 2:16 PM 2:29 PM 0:16 2:00 PM 2:09 PM 2:20 PM 2:20 PM 2:31 PM 2:45 PM 0:15 2:15 PM 2:24 PM 2:35 PM 2:35 PM 2:46 PM 3:00 PM 0:15 2:30 PM 2:39 PM 2:50 PM 2:50 PM 3:01 PM 3:15 PM 0:15 2:45 PM 2:54 PM 3:05 PM 3:05 PM 3:16 PM 3:30 PM 0:15 3:00 PM 3:09 PM 3:20 PM 3:20 PM 3:31 PM 3:45 PM 0:15 3:15 PM 3:24 PM 3:35 PM 3:35 PM 3:46 PM 4:00 PM 0:15 3:30 PM 3:39 PM 3:50 PM 3:50 PM 4:01 PM 4:15 PM 0:15 3:45 PM 3:54 PM 4:05 PM 4:05 PM 4:16 PM 4:30 PM 0:15 4:00 PM 4:09 PM 4:20 PM 4:20 PM 4:31 PM 4:45 PM 0:15 4:15 PM 4:24 PM 4:35 PM 4:35 PM 4:46 PM 5:00 PM 0:15 4:30 PM 4:39 PM 4:50 PM 4:50 PM 5:01 PM 5:15 PM 0:15 4:45 PM 4:54 PM 5:05 PM 5:05 PM 5:16 PM 5:30 PM 0:15 5:00 PM 5:09 PM 5:20 PM 5:20 PM 5:31 PM 5:45 PM 0:15 5:15 PM 5:24 PM 5:35 PM 5:35 PM 5:46 PM 6:00 PM 0:15 5:30 PM 5:39 PM 5:50 PM 5:50 PM 6:01 PM 6:15 PM 0:15 5:45 PM 5:54 PM 6:05 PM 6:05 PM 6:16 PM 6:30 PM 0:15 6:00 PM 6:09 PM 6:20 PM 6:20 PM 6:31 PM 6:45 PM 0:15 6:15 PM 6:24 PM 6:35 PM 6:35 PM 6:46 PM 7:00 PM 0:15 6:30 PM 6:39 PM 6:50 PM 6:50 PM 7:01 PM 7:15 PM 0:15 6:45 PM 6:54 PM 7:05 PM 7:05 PM 7:16 PM 7:30 PM 0:15 7:00 PM 7:09 PM 7:20 PM 7:20 PM 7:31 PM 7:45 PM 0:15 7:15 PM 7:24 PM 7:35 PM 7:35 PM 7:46 PM 8:00 PM 0:15 7:30 PM 7:39 PM 7:50 PM 7:50 PM 8:01 PM 8:15 PM 0:15 7:45 PM 7:54 PM 8:05 PM 8:05 PM 8:16 PM 8:30 PM 8:00 PM 8:06 PM 8:17 PM 8:17 PM 8:28 PM 8:38 PM 0:07 8:15 PM 8:21 PM 8:32 PM 8:32 PM 8:43 PM 8:53 PM 8:30 PM 8:36 PM 8:47 PM 8:47 PM 8:58 PM 9:08 PM 8:45 PM 8:51 PM 9:02 PM 9:02 PM 9:13 PM 9:23 PM 43 Hoag Hospital Lower Parking Lot Figure I Existing Bus Stop Locations Proposed Shuttle Route New Bus Stop Locations 44 Attachment 5 Analysis of Project V Scoring 45 ATTACHMENT 5 APPLICATION SCORING CRITERIA FINANCIAL COMMITMENTS/PARTNERSHIPS (7 of 15 points) Match Funding Capital (2 of 10 points) The City of Newport Beach will match 12 percent of capital costs. Capital costs are estimated at $113,742 in the first year, and the City will match $13,649. In each subsequent years, capital costs are estimated at $62,742 and the City will match $7,529. Over a seven-year period, the City will match $58,823 of the estimated $490,192 capital costs. Level of Commitment from Non -applicant (5 of 5 points) Hoag Hospital has agreed to make its Lower Lot available for parking and a trolley stop at a below- market rate. The draft agreement between the City and Hoag Hospital is attached to the application. If the City is successful in obtaining the grant funds, the agreement will be finalized. COST EFFECTIVENESS (16 of 20 points) Operating Cost per Boarding, Opening Year (10 of 10 points) Operating cost per boarding in the opening year is $5.80. Annualized Operating and Capital Cost per Passenger (6 of 10 points) Annualized operating and capital cost per passenger is $12.03. PROJECT READINESS (20 of 20 points) Estimated Opening Year (30 of 10 points) The Balboa Peninsula shuttle will be ready to begin service in June 2017. Phase Readiness (16 of 16 points) All planning and environmental work has been completed. No acquisition of right of is required. The primary maintenance facility will be provided by the operator, with a back-up facility available at the City's yard which is located at 592 Superior Avenue, which is 1.5 miles from the Hoag Lower Parking Lot. COMMUNITY CONNECTIONS (8 of 10 points) Senior Centers (0 of 2 points) Oasis, the largest senior center in Newport Beach, is not accessible via the proposed trolley shuttle. Schools (0 of 2 points) Schools will not be in session during the time that the shuttle operates. Retail Centers (2 of 2 points) 46 ATTACHMENT S The proposed route will link several commercial villages along the peninsula, including Lido Marina Village, McFadden Square and Balboa Village. Major Employment Centers (2 of 2 points) Businesses on the Balboa peninsula employ many workers in the summer season. Hoag Hospital is the largest employment center in the city. Medical Centers (2 of 2 points) Hoag Hospital will be directly served via the proposed route. In addition, the route will connect to Route 47 which provides access to additional medical centers north of Hoag Hospital. State Parks (0 of 2 points) There are no state parks along the route. Train Stations/Recreational Areas (2 of 2 points) The peninsula is boarded by Newport Harbor and the Pacific Ocean, both offering major recreational areas including beaches, Marina Park Community and a public marina. FIXED -ROUTE BUS/RAIL CONNECTIONS (4 of 8 points) Number of Fixed -Route Bus/Rail Connections within % mile Three OCTA routes (Routes 1, 47, and 71) are within % mile of the proposed route. TRANIST USAGE (10 of 30 points) Projected Average Daily Boardings (first year) 437 average daily boardings are expected during the first year of operation. LOCAL/REGIONAL BENEFITS (15 of 15 points) Employment Densities (4 of 4 points) The proposed route begins at Hoag Hospital, the largest employment center in the city. In addition, several medical -related facilities are within X mile of the route. Based on the Orange County Projections 2014 developed by the Orange County Council of Governments, employment within X mile of the route totals 12,900 jobs. The area within X mile of the route totals 1.06 square miles. Therefore, the employment density per square mile is 12,170jobs. Population Densities (4 of 4 points) The proposed route will serve the Balboa Peninsula which in comprised of a series of districts linked by a commercial and residential corridor. The historic residential development pattern reflects a densely 47 ATTACHMENT S populated area totaling 11,285 people (Source: Census 2010). Therefore, the population density per square mile is 10,645. Annual Visitors Served (4 of 4 points) The City has an estimated permanent population of 86,738 but during the summer months, the population grows to more than 100,000 with 20,000 to 100,000 tourists daily. The projected annual visitors to be served during the summer weekend months, would far exceed 500,000 visitors. Innovative Service Delivery Model (1 of 1 point) A vehicle which contributes to the experience of visitors to the Balboa Peninsula will support the success of the program. Visitors, as well as residents will be more likely utilize the shuttle if it offers a fun experience image. The design of the shuttle has been envisioned with this knowledge. The intent is to offer an open-air shuttle (or trolley) for the opening year to take advantage of the summertime weather and increase visibility of the program. If the city is not successful in retaining a contractor to operate an open-air shuttle for the opening year, then a vehicle may be wrapped with a design reflective of Newport Beach's unique culture will be created. Recognizing some visitors will utilize the shuttle to access the beach, an area designated on the shuttle to store beach equipment will also be needed. Creative Solutions to Community Needs (1 of 1 point) The increased visitor population during the summer months increases congestion and decreases available parking. The strategy to locate a parking facility off the peninsula, at a central location, eliminates the need for visitors to travel onto the peninsula by vehicle. Instead they utilize the shuttle which removes vehicles from the roads and parking areas on the peninsula. Combining Local and Regional Resources (1 of 1 point) If OCTA goes ahead with plans to discontinue Route 71 on the peninsula, the proposed new service would provide mobility along the peninsula during summer weekends and connect with OCTA Route 1. AGENCY EXPERIENCE (0 of 2 points) Currently Operated Community Based Services — Shuttles and Trolleys (0 of 1 point) The City has no experience with operation of shuttles and trolleys. However, the City does not plan to operate these services directly. The City will engage a private contractor with experience in the operation of similar services. Currently Operated Community Based Services — Vans or Community Circulators (1 of 1 point) The City operates a transportation service for seniors for accessing medical appointments, shopping, essential errands, and the Senior Center. 48 Attachment 6 Letter of Support 49 ��e-,w/port G�"B'EACH & COMPANY January 6, 2016 Brenda Wisneski, AICP Deputy Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Dear Brenda: We are thrilled to hear that the City of Newport Beach is continuing to pursue a shuttle/trolley service on the Balboa peninsula during summer weekends. As you know, Newport Beach and Company is the official marketing agency for the city and we interact with many of the 7 million visitors who come to our city annually. Accessibility to the peninsula and its many attractions has always been challenging given traffic concerns and limited parking. We believe the shuttle/trolley service will be of great value and our agency would be an eager and engaged partner in marketing this new service to visitors. These efforts would include featuring the service through our visitor service desk at Fashion Island, on our website, email newsletters to 30,000 subscribers, visitor guide and through our extensive public relations efforts. Additionally, we will prepare a video spot on the service that will be featured on Newport Beach TV, the city's official broadcast service. We look forward to seeing this service in place and moving ahead with marketing programs to maximize ridership. With regards, Gary C. Sherwin President/CEO I o00.1'cupor1 Center Drive. 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