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HomeMy WebLinkAboutC-4027 - Cooperative Agreement No. C-8-0514 for City Initiated Transit Extensions to Metrolink (Joint "Go Local" with Costa Mesa)CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9t, January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager 9491644 -3000 or hbludau @city.newport- beach.ca.us SUBJECT: Go Local Report ISSUE: Now that the "Go Local" study has been completed, what action does the Council want to take regarding the final report? RECOMMENDATION: Receive and file the report with OCTA. There is no desire to prepare an application for a Phase 2 study. DISCUSSION: Background: In March 2008, the cities of Newport Beach and Costa Mesa agreed to join together to apply to OCTA for Phase 1 "Go Local" monies in order to conduct a study regarding potential transit ridership to and from John Wayne Airport (JWA). Each of the 34 cities within Orange County were eligible for up to $100,000 to do feasibility studies in order to identify potential transit routes which would be economically viable within their jurisdictions. Since both cities were interested in learning more about JWA passenger characteristics, the cities developed a study scope of work that fit within the Go Local regulations and therefore, was approved by OCTA staff. The approved study sought to evaluate alternate transit connections from various Metrolink stations into JWA as a means of reducing airport ground traffic congestion. The study's intent was not to develop JWA transit connections that would increase passenger usage of JWA, but rather to evaluate transportation alternatives based on a detailed evaluation of the JWA air passenger market. Additionally, the consultant team headed by Peggy Ducey evaluated a critical issue for both cities — how to encourage and move air passengers to inland airports with excess air capacity. This additional regionalization analysis pivoted on a detailed evaluation of the JWA air passenger market, which provided critical insight into potential opportunities to Go Local Report January 13, 2009 Page 2 develop and promote a successful regional aviation system that better utilizes airport resources in the Inland Empire. On September 101" the cities of Newport Beach and Cost Mesa held a joint City Council meeting to review the findings of the Phase I Go Local study. At that meeting, the City Councils provided further direction to the consultant staff to complete the Go Local report, as well as developing recommendations for future steps toward regionalization. GO LOCAL STUDY FINDINGS: Based on an in -depth analysis of the JWA passenger market, the study determined that the majority of air passengers could access JWA from anywhere within Orange County in under 25 minutes, and in many cases, under 20 minutes. The survey also revealed that air travelers place greater priority on convenience and time savings than on any other factor when choosing an airport access mode. When actual air passenger travel times were compared to projected travel times by public transit, such as the I Shuttle or the OCTA Bus Rapid Transit (BRT), air passenger travel times almost doubled. Based on these findings, an airport transit service connecting directly into JWA would not attract significant numbers of air passengers, simply due to travel time differential. The report's findings do suggest that OCTA, which will operate BRT and the City of Irvine which operates the I Shuttle, could modify their operating and service characteristics to better address the needs of air travelers. However, changing the service operations won't attract air passengers without a focused, targeted marketing campaign so that air passengers would be more aware of the options of public transit to JWA. Aside from developing or expanding public transit into JWA, the Go Local report identifies a number of ways to potentially reduce traffic congestion around JWA. For example, in the Anaheim Disney Resort area, the majority of air passengers (between 56 % -73 %) are already using some type of transit service rather than renting a private vehicle. Focusing attention and marketing on using public or private high- occupancy airport transit service could significantly reduce JWA traffic congestion. Additionally, over 40 courtesy hotel shuttles access JWA daily. Consolidating these services into one transit system could reduce traffic congestion considerably. The conclusion of the report is that even though JWA is a major ground transportation trip generator, a significant investment in a dedicated airport transit link will not be cost effective. The study also identified key market sub - segments that may provide opportunities to shift passenger service to Ontario Airport. Specifically, the tourism and entertainment focus around Disneyland indicates an opportunity to develop incentives to attract passengers to outlying airports. Between both LAX and JWA, more than three million passengers annually converge on the Disney Resort area. POTENTIAL FUTURE AREAS OF STUDY 1. Newport Beach and Costa Mesa might consider doing an analysis of the potential of the Disney Resort and northern Orange County aviation market as it relates to shifting Go Local Report January 13, 2009 Page 3 passenger activity from JWA and LAX to Ontario Airport. Such a study would require the cooperation of the Los Angeles World Airports (LAWA), but it is in the best interests of all agencies to do so. 2. Newport Beach and Costa Mesa might consider a more thorough analysis of the northern Orange County air passenger market, which would include air passengers using JWA and LAX to access business and tourist centers in the larger Disney Resort area, including Buena Park's Knott's Berry Farm. 3. Newport Beach and Costa Mesa might consider engaging in discussions with Anaheim and the Disney Resort representatives to further explore the potential of providing both financial and non - financial incentives to encourage air passengers to use Ontario Airport. 4. Newport Beach and Costa Mesa might consider further marketing and public information research be completed to explore ways to develop air passenger incentives in order to stimulate the use of Ontario Airport over that of JWA. The City Council will discuss the establishment of its Council priorities for 2009, and further actions to protect our residents from the adverse affects of JWA will likely be one of those priorities. Once that happens, the City Manager will return with a work plan containing some or all of these recommended actions for Council consideration as part of that work plan. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Council considers the item). Submitted by: HOMER L. BL AU City Manager Attachment EXECUTIVE SUMMARY: GO LOCAL STUDY Evaluation of Transit Connections to John Wayne Airport In 2006, the Orange County Transportation Authority (OCTA) approved the Go Local program, with the goal to increase Metrolink ridership through city- initiated transit projects. Each Orange County city was eligible for a $100,000 grant for an initial feasibility analysis. In March 2008, the cities of Newport Beach and Costa Mesa combined their grants to evaluate alternate transit connections from various Metrolink stations into John Wayne Airport (JWA) as a means to reduce airport ground traffic congestion. Three different airport- transit connections were evaluated: shuttle service linking Metrolink and JWA such as the I Shuttle, express bus service such as the OCTA Bus Rapid Transit, and a light rail connection. The critical question is whether Orange County air passengers and airport employees will use airport public transit services rather than private vehicles to travel to the airport. To accurately answer this question, current, detailed information about the JWA air passenger market was needed. An extensive air passenger survey was conducted in June/July 2008. Interview staff intercepted and surveyed 2,500 passengers waiting at the airport departure gates. The survey included questions about reasons for airport choice, airport preference, travel behavior, destination, demographic characteristics, and perceptions and use of mass transit. The survey also included questions detailing the exact location of travelers prior to leaving for the airport, permitting passenger origins to be geocoded by zip code. Analysis of this data produced a visual mapping of travel patterns and air passenger concentrations within the Orange County. The analysis also revealed airport access travel times, which critically influences whether air passengers will use public transit services, since air passengers place greater value on convenience and time savings over cost when choosing an airport access mode. Some of the key findings from the survey are: • Passenger Demographics ■ 51% male passengers versus 49% female passengers • 51% reported annual income over $100,000 • Residents and Visitors • 46% Southern California residents o 40% Orange County, 6% from surrounding counties ■ 54% visitors o 11.5% from Northern or Central California • Trip Purpose • 45% were business travelers o 37% were business travelers and 8% convention travelers ■ 52% were leisure travelers o 25% visiting family /friends and 27% vacationing. Airport Access & Ground Transportation ■ 51% of residents were dropped off by another driver ■ 40% of total passengers were dropped off • Use of public transit to the airport was less than 2% • Travel Time from Local Origin to JWA • Average travel time to JWA was 25 minutes • Travel time ranged from 12 — 42 minutes • Air Passenger Origins • Zip codes with highest passenger concentrations o Anaheim zip 92802 —11.7% • Newport Beach zip 92660 — 5.9% • Irvine zip 92641-4.1% • Costa Mesa zip 92626 — 3.9% Geographic Distribution of Air Passenger Density Forty-three percent of all JWA air passengers are concentrated in three distinct geographic areas: the Anaheim - Garden Grove Resort, John Wayne Airport -South Coast Metro, and South Orange County. Anaheim - Garden Grove Resort Area — This area attracts 13.9 percent of JWA air passengers. Over 95% of these air passengers are visitors. The overwhelming majority (56 - 74 percent) use some type of transportation service- either taxi, limousine, bus, or shuttle services to travel to JWA. Only about 22 percent rent private vehicles. This indicates a fairly large group market segment already using airport bus and shuttle services and who may be more amenable to higher- occupancy public or private transit services if priced right with convenient service offerings. John Wane Airport -South Coast Metro — This area attracts 14.1 percent of JWA passengers during peak travel season, equating to about 1.3 million air passengers per year. Two - thirds are visitors and one -third are residents. The vast majority of visitors, whether traveling for business or leisure stay at local hotels and about 51 percent travel to JWA by taxi/limo or courtesy hotel shuttle. Over 40 courtesy hotel shuttles access JWA daily. Since the purpose of this study is to evaluate ways to reduce traffic congestion and increase air quality, if one shuttle service could be coordinated for all the local hotels, it would significantly reduce vehicles trips. South Orange County - Fourteen percent of JWA passengers come from South Orange County during peak travel season, equating to about 1.3 million air passengers per year. From the resident - visitor split we observe that this area has a broad split between the resident base in Aliso Viejo and the visitor base in Laguna Beach. Evaluation of Transit Options Three JWA transit alternatives were evaluated: bus /shuttle service to rail (I Shuttle), express bus service or Bus Rapid Transit (BRT), and light rail. Bus /Shuttle Service to Rail - The I Shuttle is an example of this type of transit alternative. The I Shuttle is new shuttle service that links the Tustin Metrolink Station to John Wayne Airport. Air passengers can take Metrolink from the closest station to their home, travel to Tustin and then catch the I Shuttle into JWA. Different alignments and various locations were evaluated for the Metrolink station terminus. Based on this evaluation, the I Shuttle has already adopted the most cost - efficient and fastest route. While the route may be the most cost - effective choice, there are operational and service characteristics that would inhibit most air passengers from using this service. Multiple station stops and inconvenient operating hours will deter most air passengers from using the I Shuttle. Travel times almost double for most air passengers using Metrolink/I Shuttle versus private vehicles and the cost savings are not significant, so only a small market segment will be attracted to this transit option. Express Bus Service/Bus Rapid Transit (BRT) - OCTA's regional BRT service between Brea and Irvine will provide daily high - frequency limited -stop bus service. Total travel time for the entire route has not yet been calculated, but is estimated to be 55 - 65 minutes for the State College Route from north Orange County into John Wayne Airport. The travel time alone makes this an unlikely choice for most airport passengers since most can access JWA within 25 minutes. However, the BRT route does serve areas of high concentration of JWA employees and may be a viable commuter service for them. Light Rail Service from Metrolink to JWA - The financial feasibility of a light rail connection from any nearby Metrolink station to the airport would be difficult to justify. With the estimated cost in the billions of dollars and the relatively small passenger base out of John Wayne Airport, the potential demand does not justify a large scale capital project. A light rail link would operate in essentially the same way as the I Shuttle, so ridership would not vary much with the substitution of light rail for bus service to the airport, but the capital costs would be many times greater. Evaluation of Light Rail Alignment from Irvine to TWA — OCTA requested that the previous light rail alignments from Irvine to JWA be evaluated to determine whether they are appropriate routes given the areas of dense air passenger concentrations. It would be very difficult to attract a significant number of air passengers onto an airport rail system, even if it is located along the most densely concentrated air passenger zones. Freeway and surface street travel times to JWA are faster than Metrolink rail travel, and reported average travel times between Irvine and JWA are only 19 minutes. For rail service to be successful between Irvine and JWA, there. would need to be significant travel time savings or other important advantages as compared to private vehicles to attract air passengers to an airport rail system. Ridership Estimates The following is the ridership estimate for air passengers and airport employees using the I shuttle and the OCTA BRT. Ridership Estimate - I Shuttle and OCTA BRT John Wayne Airport However, ridership will remain low without a focused marketing campaign that targets air passengers to increase awareness of public transit options to JWA. Conclusions and Recommendations By far the most important factor in determining whether airport- transit service will attract a significant number of air passengers is the difference in travel times. Air passengers will choose rail or transit service over the convenience of using a private vehicle if there is a significant travel time advantage. Passengers 10.0 MAP Employees Total Passenger's 10.8 MAP Employees Total Daily Ridership Low Case 450 40 490 490 80 570 Base Case 1,220 100 1,320 1,310 190 1,500 High Case 1,820 240 2,060 1,960 480 2,440 of Total Base Low Case 1.6% 0.8% 1.5% 1.8% 1.5% 1.8% Base Case 4.5% 2.0% 4.1% 4.8% 4.0% 4.7% High Case 1 6.6% 5.0% 6.4% 1 7.2% 10.0% 7.6% However, ridership will remain low without a focused marketing campaign that targets air passengers to increase awareness of public transit options to JWA. Conclusions and Recommendations By far the most important factor in determining whether airport- transit service will attract a significant number of air passengers is the difference in travel times. Air passengers will choose rail or transit service over the convenience of using a private vehicle if there is a significant travel time advantage. For this study, JWA passengers originating travel within Orange County averaged 25 minutes travel time to JWA. When compared to projected travel times by rail /shuttle service such as the I Shuttle or the BRT, travel times almost doubled. From the standpoint of time savings, travel by private vehicle will be much faster than the proposed BRT or shuttle services, so public transit will not attract significant air passengers traveling to JWA. Even though airport transit won't attract a significant market segment, the study identified ways to decrease traffic congestion around John Wayne Airport. A critical finding was the number of JWA passengers visiting the Disney Resort. Rather than renting private vehicles, the majority use some form of transit to get to and from the airport. Substituting high- quality, fast and reliable public or private high- occupancy airport transit service will not be much different from their current airport access travel behavior. Focusing marketing efforts, including competitive pricing, on higher occupancy transport could reduce traffic congestion at JWA. Another significant finding was the number of hotel courtesy shuttles that access JWA from the surrounding cities of Irvine, Newport Beach, and Costa Mesa. Over 40 shuttle services transport hotel guests to the airport every day, some providing service every half hour, whether there are passengers waiting or not. Consolidating hotel shuttle services into one system could reduce traffic congestion considerably. The report's conclusions support the fact that while John Wayne Airport is a major ground transportation trip generator, a significant investment in a dedicated airport transit link will not be cost - efficient. However, there is a small pool of passengers that may use the I Shuttle or BRT if the services are better tailored to the needs of airport passengers and the services are marketed more effectively. Based on this analysis, it is recommended that the cities of Newport Beach and Costa Mesa do not pursue additional study on light rail or other transit connections into John Wayne Airport. The consultant team does not believe there is a great enough demand from JWA passengers to use public transit to cover the necessary capital and operating costs of an airport link. City of Newport Beach BUDGET AMENDMENT 2008 -09 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations fJ SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 09BA -034 AMOUNT: $a7,5zs.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations to accept the Assistance to Firefighters Grant and to recognize the required 20% matching funds from the City for Rapid Intervention Crew (RIC) Tactics and Firefighter Survival Training. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 REVENUE ESTIMATES (3601) Fund /Division Account 2320 48941 EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed. Signed: Signed: Description General Fund - Fund Balance Description Fire: Ops - Assistance to Firefighters Grant Description 2320 Fire: Operations 9032 Assistance to Firefighters Grant Financial Approval: Administrative Services Director Administrative Appro I: City Manager City Council Approval: City Clerk Amount Debit Credit $9,505.00 $38,021.00 $47,526.00 Date D Date Date • �, -`O;) 7 1 COOPERATIVE AGREEMENT NO. C -8 -0514 z BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF NEWPORT BEACH 6 FOR 7 CITY INITIATED TRANSIT EXTENSIONS TO METROLINK 8 THIS AGREEMENT is made and entered into this i'�day of 9 2008, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. 10 Box 14184, Orange, California 92863 -1584, a g public corporation of the State of California i1 (hereinafter referred to as "AUTHORITY "), acting on behalf of the Orange County Local 12 Transportation Authority, and the City of Newport Beach, Post Office Box 1768, Newport Beach, 13 California 92658, a municipal corporation (hereinafter referred to as "CITY "). 14 RECITALS: 15 WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego 16 Counties and the Inland Empire to be the core of Orange County's future rail transit system; and 17 WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community -based 18 transit vision that increases use of Metrolink by Newport Beach residents, visitors, and /or 19 employees; and 20 WHEREAS, the funds allocated through this program must comply with the 1990 Measure M 21 ordinance which states in part that the intent is to provide matching funds to encourage development 22 of extensions to major activity centers and to provide access between the primary rail system and 23 employment centers; and 24 WHEREAS, CITY is encouraged to enter into written agreements with other cities to 25 collaborate in some or all facets of a planning and needs assessment to support this vision; and 26 Page 1 of 15 1 2 3 4 5 6 7 a 9 10 1 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 0 41 AGREEMENT C- 8-0514 WHEREAS, Measure M funds have been designated for cities to study ways to accomplish this; and WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which will factor in, among other elements, community interests and desires; and WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure M funds to a program designed to enable cities that wish to develop a local transit vision including defined enhancements and transit extensions to Metrolink that work best with their local community's short and long -term priorities (hereinafter referred to as "GO LOCAL Step 1"); and WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and AUTHORITY has found such concept acceptable; and WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project Concept; and follows: NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as ARTICLE 1. COMPLETE AGREEMENT This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1 work and supersedes all prior representations, understandings and communications between the parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the validity of the other terms or conditions. ARTICLE 2. SCOPE A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in connection with the GO LOCAL Step 1 work to be performed by CITY. CITY agrees to provide all services identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities Page 2 of 15 1 2 3 4 5 6 7 s 9 10 11 12 0 14 15 16 17 18 19 20 21 22 23 24 25 26 • AGREEMENT C -8 -0514 covered by this Agreement and any other supplemental agreements. B. AUTHORITY's failure to insist upon CITY's performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such terms or conditions and CITY's obligation in respect to performance shall continue in full force and effect. C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY unless confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 3. RESPONSIBILITES OF AUTHORITY AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work: A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT, for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right to accept or reject any Project Concept. B. Should CITY not complete the services identified in Exhibit A, or does not meet the terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the CITY within sixty (60) days of AUTHORITY's written demand. C. Additional Funding- Funding beyond what has been identified in Article 5. PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to any future step in the GO LOCAL process. ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for GO LOCAL Step 1 work: Page 3 of 15 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 M • AGREEMENT C-8 -0514 A. Lead Agency- CITY will act as the lead agency for the GO LOCAL Step 1 work. However, CITY may designate pursuant to a written partnership letter of agreement that another city participating in the GO LOCAL program is serving as lead agency for a joint Project Concept. AUTHORITY shall be provided a copy of this letter within ten (10) days after the agreement has been executed. B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution. C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial Progress Report," attached to and, by this reference, incorporated in and made part of this Agreement. CITY shall be required to produce a final written report (Final Report) of its findings, recommendations, and next steps according to a mutually agreed upon date, but no later than the completion date of this Agreement. The Final Report will include the elements described in Exhibit C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this reference, incorporated in and made part of this Agreement. D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property through eminent domain or as matching funds to implement land development, all monies funded to the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand. AUTHORITY shall have sole discretion in determining whether the Project Concept has been developed and /or pursued in accordance with said Ordinance. AUTHORITY may terminate this Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has Page 4 of 15 • AGREEMENT C- 8-0514 1 utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's 2 determination and written request, CITY shall return all monies in accordance with this Article. 3 E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed 4 agreement and scope of work for services to be performed by third parties in fulfillment of the Project 5 Concept within thirty (30) days after the agreement has been executed. 6 F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1 7 in a good and competent and professional manner and in compliance with all applicable federal, 8 state and local rules and regulations. 9 G. Modeling —CITY shall utilize existing AUTHORITY modeling results to ensure that 10 project results are compatible with AUTHORITY planning efforts. The AUTHORITY shall make a 11 good faith effort to make existing modeling results available to CITY within 2 business days of the 12 CITY's written request. 13 ARTICLE S. PAYMENT 14 A. For CITY's full and complete performance of its obligations under this Agreement and 15 subject to the maximum cumulative payment obligation provisions set forth in this Agreement, 16 AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars 17 ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of 18 acceptable invoice. 19 B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project 20 Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and 21 incorporated by reference, for work performed under this Agreement. The Certification shall include, 22 but not be limited to, period of performance, actual expenses; classification, hours and rates of in- 23 house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1 24 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time 25 during the performance of this Agreement. CITY will be required to submit to AUTHORITY all 26 information requested within thirty (30) days from AUTHORITY's request. Page 5 of 15 • • AGREEMENT C- 8-0514 1 ARTICLE 6. MAXIMUM OBLIGATION 2 Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY 3 agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's 4 direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include 5 all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work. 6 ARTICLE 7. AUDIT AND INSPECTION 7 CITY shall maintain a complete set of records in accordance with generally accepted 8 accounting principles and in accordance with Local Transportation Ordinance Number 2; The 9 Revised Traffic Improvement and Growth Management Ordinance. The original records shall be 10 maintained within the CITY limits. Upon reasonable notice, CITY shall permit the authorized 11 representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts 12 and other data and records of CITY for a period of not less than four (4) years after final payment, or 13 until any on -going audit is completed whichever is longer. For purposes of audit, the date of 14 completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so 1s noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any 16 documents related to this Agreement by whatever means necessary. 17 ARTICLE 8. INDEMNIFICATION 18 CITY shall indemnify the AUTHORITY and defend and hold harmless the AUTHORITY and 19 their officers, directors, employees, and agents from and against any and all claims (including 20 attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily 21 injuries, including death, damage to or loss of use of property caused by the negligent acts, 22 omissions or willful misconduct by the Parties and their officers, directors, employees, and agents in 23 connection with or arising out of the performance of this Agreement. 24 25 26 Page 6 of 15 1 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 0 • AGREEMENT C- 8-0514 ARTICLE 9. ADDITIONAL PROVISIONS: The AUTHORITY and CITY agree to the following mutual responsibilities: A. Term for Funding — AUTHORITY and CITY shall execute a Cooperative Agreement on or before March 1, 2008 for Step 1 funds. B. Term of Agreement- This Agreement shall continue in full force and effect through June 30, 2008, unless terminated by mutual written consent by both Parties. The term of this Agreement may only be extended upon mutual written agreement by both Parties. C. Termination - AUTHORITY may terminate this Agreement for its convenience any time, in whole or part, by giving CITY written notice thereof. D. Modifications- This Agreement may be amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by both AUTHORITY and CITY. E. Legal Authority AUTHORITY and CITY hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. F. Notices- Any notices, requests or demands made between the parties pursuant to this Agreement are to be directed as followed: To CITY: To AUTHORITY: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 ATTENTION: Steve Badum Public Works Director (949/644- 3311); sbadum@city.newport-beach.ca.us Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863 -1584 Attention: Kathleen Murphy- Perez, Section Manager, Capital Projects (714/560 - 5743); kperez@octa.net c: Kia Mortazavi, Executive Director, Page 7 of 15 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Development Division AGREEMENT C -8 -0514 G. Severability- If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement- This 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- Either Party shall be excused from performing its obligations under this 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 Agreement, nor any of a Party's rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party. 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. Obligations Comply with Law- Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in amounts, or for purposes other than as authorized by local, State or Federal law. L. Governing Law- The laws of the State of California and applicable Federal, State, local laws, regulations and guidelines shall govern hereunder. Page 8 of 15 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 C-8-0514 This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-8-0514 to be executed on the date first above written. CITY OF N PORT BE H By: _il� � Edward D. Selich Mayor 49-71A(fir ATTEST: NLN' '/'/y' T LaVonne M. Harkless City Clerk ORANGE COUNTY TRANSPORTATION AUTHORITY (Arthur T. Leahy, Chief Executive Officer PROVED AS TO FORM: By: vc- Kennard R. Smart, Jr. General Counsel APPROVAL A APP V D S TO FORM: By: By: Robin Clauson Kia Mortaza ', xec City Attorney Development "Divi on Dated: Page 9 of 15 ED: Director • • AGREEMENT C -8 -0514 STEP ONE PROJECT CONCEPT To qualify for funds your city project must focus on assessing ways to provide transit connections to Metrolink. Complete the Project Concept, and return with a signed Cooperative A. Study Type Project Concept assessments can cover or study any of the following topics. Please review the descriptions below and indicate the type of analysis you expect to perform by placing an (x) next to one (or more) of the following: —X—Needs Assessments What are the transit needs? Identify populations, congestion areas, etc. Coordinating Transit and Land Use How can a transit project support your city's land use planning policies /projects and vice versa? _X—Route Planning Existing data has identified activity centers, populations or congestion hot spots which warrant transit service. What are possible routes and types of transit? Public policy /public support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? _X—Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your own case Is there a concept that addresses a need in your city that you would like the Board of Directors to consider? Is this need consistent with the Measure M requirements that funds be spent on transit - related purposes to extend the reach of Metrolink? B. Project Overview The City of Newport Beach, serving as the "Lead Agency ", in cooperation with the City of Costa Mesa, proposes to conduct a multi - faceted transit study to evaluate the feasibility of designing, constructing and operating a direct transit service connection between John Wayne Airport (JWA) and surrounding key Metrolink stations such as the Irvine and/or Tustin stations (target Page 10 of 15 i • stations). The purpose of the study is to analyze a quick and convenient means to transport Orange County aviation passengers and employees into and out of JWA. SCOPE OF WORK 1. Needs Assessment: Through stakeholder outreach and dialogue, evaluate existing airport JWA passenger surveys, data collection, and technical analysis of various transit altematives. This study will evaluate the potential passenger demand, and detail the specific operating parameters that would create /induce use of Metrolink service by airport passengers and employees. This study will interface closely with the County of Orange /John Wayne Airport staff to assess the structural, administrative, and operational issues that would be necessary to work cooperatively with JWA operations. 2. Potential Passenger Demand Analysis: Determine ridership projections, based on an evaluation of airport passengers and employees from existing JWA data and surveys. a. Analyze existing data from the 2007 JWA Passenger Survey to be able to critically evaluate the market demand for a transit link between JWA and Metrolink. b. Develop preliminary ridership forecasts for both aviation passengers and airport employees to estimate potential utilization of the transit connection to Metrolink. 3. Metrolink Operations and Expansion Plans as related to JWA operations. a. Review plans for Metrolink Expansion and Amtrak services after 2009 including draft train schedules, train car type(s) and configuration. b. Evaluate the on -site parking for key Orange County Metrolink stations (Irvine and/or Tustin stations in areas where airport passengers would access Metrolink service. 4. Transit Connections from Metrolink Irvine and /or Tustin stations to JWA: Evaluate alternative transit connections, including rubber -tire /mixed flow /express bus, fixed guideway (for example light rail), and DMU, from the Metrolink corridor to JWA. This study will also evaluate 1 -3 locations within the cities of Newport Beach and Costa Mesa where residents could access this JWA to Metrolink transit service. a. Identify and evaluate planned or proposed bus service between the subject key Metrolink stations and JWA after 2009. Page 11 of 15 0 0 b. Review ongoing work for the development of a rubber -tire circulator system in the Irvine Business Complex by the City of Irvine to determine the correlation to this study. c. Review previous rail alignment studies between JWA vicinity and Irvine. Determine if any aspect of the alignment(s) previously studied might be suitable for a future connection using either people -mover or Metrolink- compatible (DMU) technologies. 5. John Wayne Airport Transit Connections a. Assess the best location and configuration for a transit station at JWA, based on current security needs and operational considerations. b. Financial Analysis: Develop conceptual -level capital and operating cost estimates. Evaluate financial performance of other airport-rail operations to determine financial and funding opportunities and challenges to implement an air -rail connection for JWA. B. COMMITMENTS TO COOPERATE Included in this report is a Cooperative Agreement, which is necessary to conduct a successful airport express study, between the cities of Newport Beach and Costa Mesa. Also included is a Letter of Cooperation from John Wayne Airport. C. ADDITIONAL FUNDING AND STUDY BUDGET The cities of COSTA MESA and NEWPORT BEACH have agreed to allocate 100% of their OCTA "Go Local" funding allocation. The total budget for this study will be $200,000. D. ADMINISTERING AGENCY The City of NEWPORT BEACH is designated as the Administering Agency, and as such will work closely with all the participating partners. Newport Beach will hire and manage the efforts of the Consultant team, manage all financial activities, including payments to consultants, invoicing, and all financial reports, as well as be responsible for all multi- agency coordination between the cooperating organizations. As the administering agency, the City agrees to facilitate multi- agency cooperation by ensuring the partner organizations are involved in the development of the Scope of Work and the selection of the Consultant Team, as well as hold regular progress meetings and distribute reports and interim studies as they become available. Page 12 of 15 AGREEMENT C-8 -0514 is rrvt i IAL VKVGKESS REPORT City /Date: A. Project Overview Progress Report Prepared By. Please include a 200 -300 word description of progress to date. To the extent possible, you should describe what you are working on, your methodology, key staff and /or stakeholders, and any preliminary results. B. Project Resources Please indicate all that apply: ♦ We've been utilizing consultants (Name(s): ♦ We've been doing some or all of the work in -house We have partnerships with: (Include if not listed in Exhibit A) C. Financial Report Percentage of funding committed expended We foresee obstacles to completing the Project Concept scope with the funds available. No_ Yes If yes, please explain in an attachment. Return to: Darrell Johnson, Director, Transit Project Delivery 550 South Main Street P.O. Box 14184 Orange, CA 92863 -1584 Page 13 of 15 Revised 2/112008 0 0 AGREEMENT C-8 -0514 EXHIBIT C PROJECT CONCEPT FINAL REPORT OUTLINE At the conclusion of Project Concept work, all cities will submit a Final Report within days utilizing the outline below. Sections Five and Six below will constitute your proposal for the next phase of work. Summary of Project (1 page) 2. Study Questions (1 page) 3. Methodology Used (1 page) 4. Results (3 -5 pages) Report against the Evaluation Criteria, i.e. financial considerations, community factors, transportation benefit. 5. Findings (4 -5 pages) Your analysis of the results 6. Next Steps (5 -7 pages) Identify: • what you wish to do next, • the methods you would use, • the staff, resources, and time you would need; • what you would expect to determine, and • the budget, your agency contribution, any partnerships and their contributions. Return to: Darrell Johnson, Director, Transit Project Delivery 550 South Main Street P.O. Box 14184 Orange, CA 92863 -1584 Page 14 of 15 Revised 2/11/2008 • AGREEMENT C-8 -0514 VKVJtC l CONCEPT Project Expenditures Certification SAMPLE Consultant Contract Cost In -house Total hours charged to Cosf < TOTAL Number Column A Labor project x fully burdened Column 8'' add A & B ABC 001 25,000 Sr. hourl rate 500 hours x $85/hr 4 ,500 XYZ 002 30,000 Planner Admin 100 x $25 /hr 2,800 Asst '000 100,000 I hereby certify that the above is a true and correct statement of the work performed and costs incurred on the Project Concept. Date Signed Return to: Darrell Johnson, Director, Transit Project Delivery 550 South Main Street P.O. Box 14184 Orange, CA 92863 -1584 Page 15 of 15 Revised 2/11/1008 0 COOPERATIVE AGREEMENT DESIGNATING THE CITY OF NEWPORT BEACH AS THE ADMINISTRATIVE AGENCY FOR THE PARTNERSHIP BETWEEN THE CITIES OF COSTA MESA AND NEWPORT BEACH FOR THE ORANGE COUNTY TRANSPORTATION AUTHORITY'S GO LOCAL PROGRAM This Cooperative Agreement ( "Agreement ") is made and entered into this day of , 2008, by and between the CITY OF COSTA MESA, a municipal corporation ( "COSTA MESA "), and the CITY OF NEWPORT BEACH, a charter city and municipal corporation ("NEWPORT BEACH "). RECITALS: A. Orange County Transportation Authority ( "OCTA ") has entered into the "Cooperative Agreement No. C-6 -0692 between the Orange County Transportation Authority and the City of NEWPORT BEACH for City - initiated Transit Extensions to Metrolink" ( "Cooperative Agreement "). COSTA MESA has also entered into a similar agreement with OCTA. B. The purpose of the Cooperative Agreements with OCTA is to develop a community - based transit vision that increases use of Metrolink by the various cities, their residents, visitors and /or employees. OCTA's Board of Directors allocated Measure M funds to a program designed to enable cities that wish to develop a local transit vision including defined enhancements and transit extensions to Metrolink that work best with their local community's short and long -term priorities (hereinafter referred to as "Go Local Step 1 "). C. COSTA MESA and NEWPORT BEACH have each completed Go Local Step 1 Project Concept Forms which were considered acceptable to OCTA. The parties now desire to enter into a cooperative agreement to designate NEWPORT BEACH as the "Administering Agency" for a partnership between the Cities of COSTA MESA and NEWPORT BEACH for the John Wayne Airport- Metrolink Extensions project concept, pursuant to the terms and conditions of the Cooperative Agreements which each of the parties has signed with OCTA. NOW, THEREFORE, the parties agree as follows: SHARED RESPONSIBILITIES: a) COSTA MESA shall partner with NEWPORT BEACH authorizing NEWPORT BEACH to be the Administering Agency for "John Wayne Airport- Metrolink Extensions" project concept. b) COSTA MESA authorizes OCTA to distribute its "Go Local" grant allocation ($100,000) to NEWPORT BEACH in order to pool the partner cities' grant • ! funds in order to complete a more thorough analysis of airport-rail service than could be accomplished by each city individually. c) COSTA MESA shall help develop the project scope, provide input into the consultant selection, attend team meetings, and review all consultant and administrative reports. ADMINISTERING AGENCY RESPONSIBILITIES: a) NEWPORT BEACH shall manage the Joint Study for the Cities of NEWPORT BEACH and COSTA MESA. NEWPORT BEACH shall act as the "Administering Agency" for the Go Local Step 1 work for both NEWPORT BEACH and COSTA MESA. A copy of this Agreement shall be mailed to OCTA within ten (10) days after this Agreement has been executed, pursuant to the terms and conditions of the Cooperative Agreement. b) NEWPORT BEACH shall work cooperatively with COSTA MESA and ensure that COSTA MESA has the opportunity to provide meaningful input into all phases of the study, and that staff has adequate time to review all draft reports, contracts, the proposed Scope of Work, and any other pertinent information. NEWPORT BEACH shall convene monthly meetings of staff representatives from all partnering cities to provide a regular process of input from all partner cities to the consultant team. c) NEWPORT BEACH shall enter into an agreement with a qualified consultant team to assist in the Go Local Step 1 work. Selection of the consultant team shall be with the concurrence of the partner cities. d) NEWPORT BEACH shall coordinate the work effort of this Project Concept, provide the day to day management of the consultant and manage all consultant administration and contracting. NEWPORT BEACH shall review the consultant's invoices and pay them accordingly after ensuring that the work has been adequately performed by the consultant. e) The partner cities shall provide project oversight through a Technical Advisory Committee which shall meet monthly during the study process. f) NEWPORT BEACH shall comply with all of the terms and conditions of the Cooperative Agreement with OCTA including the Project Reporting and Audit Requirements contained therein. DISPUTE RESOLUTION: NEWPORT BEACH and COSTA MESA hereby acknowledge that OCTA will not resolve any disagreements which may arise among the two parties, including scope, financing and deliverables. 9 IN WITNESS WHEREOF, COSTA MESA has caused this Agreement to be executed by its City Manager and attested by its Clerk, and NEWPORT BEACH caused this Agreement to be executed by its City Manager and attested by its Clerk, as duly authorized by the COSTA MESA City Council and the NEWPORT BEACH City Council, respectively. CITY OF NEWPORT BEACH, a municipal corporation of the State of California ATTEST: CITY OF COSTA MESA, a municipal corporation of the State of California Honf&r Bludau _ Allan iRoeder City Manager City Manager Y 9 �J , ,� Y 9 LaVonne Harkless Clerk of the Council APPROVED AS TO FORM: obin Clauson City Attorney RECOMMENDED FOR APPROVAL: Public Works Director ` 1 ":ATTEST: ;/ Julie Folcik Clerk of the Council APPROVED AS TO FORM: J n Kimberly Hall Barlow City Attorney RECOMMENDED FOR APPROVAL: Pe aghavi Public Services Director 0 0 0 CITY OF NEWPORT BEACH 0 -40 % 3F f rap 4 FirJ 26' ...,.ii CITY COUNCIL STAFF REPORT I Agenda Item 29 February 26, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Homer Bludau, City Manager 949/644 -3000 or hbludau@city.newport- beach.ca.us SUBJECT: CITY COUNCIL APPROVAL OF A JOINT "GO LOCAL" FUNDING APPLICATION SUBMITTAL WITH COSTA MESA TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR A STUDY RELATED TO THE MOVEMENT OF AIR PASSENGERS WITHIN ORANGE COUNTY ISSUE: Does the City Council want to submit in partnership with Costa Mesa a Go Local funding application to OCTA to perform a study related to the movement of air • passengers within Orange County? RECONtMENOATION: 1. Approve the Cooperative Agreement with OCTA for the Go Local program; 2. Authorize the City Manager and City Attorney to accept minor revisions that may be requested by OCTA staff and counsel; 3. Authorize the Mayor and City Clerk to execute the final agreement; and 4. Direct staff to schedule a joint City Council meeting with the City of Costa Mesa following the execution of the Cooperative Agreement with OCTA. DISCUSSION: Background: In 2006, OCTA initiated a city- directed transit program called "Go Local," with the goal of making the Metrolink system more accessible to Orange County residents and to also increase system ridership. OCTA allocated $100,000 to each city within the County, regardless of size, to explore a transit plan that connects Metrolink to their community. The City Managers of Newport Beach and Costa Mesa have been working together to develop a scope of work that addresses transit links from key Metrolink stations into John Wayne Airport. To receive OCTA's funding and initiate the study, the Newport Beach City Council must approve a cooperative agreement with OCTA setting forth the • Go Local funding parameters. Once OCTA approves the Go Local grant application, it is recommended the City Councils of Newport Beach and Costa Mesa hold a joint study • City Council Approval of a Joint it Local" Funding Application February 26, 2008 Page 2 session to review the study's goals as they relate to JWA and future airport passenger • demands, as well as review a cooperative agreement between the two cities that defines the parameters of the study partnership. On Februrary 14, 2006, the OCTA Board of Directors approved a four -step process for Orange County cities to develop transit initiatives to make Metrolink more accessible to their communities. The four -step process is: 1. OCTA will provide a $100,000 grant to each Orange County city to develop and conduct the initial planning. To be eligible, cities must submit an acceptable project concept and execute the OCTA agreement; 2. OCTA will make available an additional $30M on a competitive basis to further develop the most promising Orange County projects; 3. On availability of Measure M funds, OCTA will move projects to implementation; 4. Provide resources to transform existing Metrolink stations into major multi -modal transportation centers. Both Newport Beach and Costa Mesa City Councils desire to develop solutions to the County's aviation challenges, and a feasibility study evaluating various means to connect rail and/or bus tPans'it to JWA would be consistent with both cities' goals of addressing ground congestion and operation impacts of JWA. The study scope is • proposed to focus on two areas: 1. Analysis of aviation - related issues: a. Evaluation of the demographics and geographic distribution of Orange County air passengers and JWA employees to determine passenger demand for a JWA/Metrolink connection. The study team, working closely with the JWA staff, will evaluate passenger data collected in 2007 to detail the specific operating parameters that would create /induce use of Metrolink service by airport passengers and employees. b. Assess the structural, administrative, and operational issues that impact a rail or bus transit link into JWA. 2. Evaluation of alternate transit modes and alignments into JWA: a. Alternate transit modes include express bus, light rail and other people movers; b. Review previous and current transit studies completed by OCTA, the cities of Tustin and Irvine, Metrolink, and other public agencies that might be suitable for a JWA transit connection. The intention of this study is not to duplicate work already accomplished or in progress, but to complement the work with specific airport- related analysis. Augment the data and finding of these studies with additional analysis as necessary. • • City Council Approval of a Joint "moo Local" Funding Application February 26, 2008 Page 3 • c. Assess various transit configurations into JWA based on security and operational considerations. OCTA has established a deadline of March 1, 2008, to approve all Go Local grant applications. This action is in conformance with one of the key action steps in accomplishing the Council's 2008 priority of "Minimize the adverse impacts of John Wayne Airport through the implementation of the City's Airport Policy." The City Manager has retained consultant Peggy Ducey to assist in the preparation of the Go Local application. If the grant is successful, her future fees would be covered by the grant. It is envisioned she would head the study team of consultants implementing the proposed scope of work. Fiscal impacts: None to City revenues. The City Council could decide it will not submit a grant for Go Local funds, thereby, forfeiting the right to utilize the $100,000 for Metrolink related studies. There is no City match required of this application. CEQA Issues: None for either the application or conducting the study. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. • Public Notice: This agenda item may be noticed according to the Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by: Homer Bludau City Manager • 3 • City Council Approval of a Joint °moo Local" Funding Application February 26, 2008 Page 3 • c. Assess various transit configurations into JWA based on security and operational considerations. OCTA has established a deadline of March 1, 2008, to approve all Go Local grant applications. This action is in conformance with one of the key action steps in accomplishing the Council's 2008 priority of "Minimize the adverse impacts of John Wayne Airport through the implementation of the City's Airport Policy." The City Manager has retained consultant Peggy Ducey to assist in the preparation of the Go Local application. If the grant is successful, her future fees would be covered by the grant. It is envisioned she would head the study team of consultants implementing the proposed scope of work. Fiscal impacts: None to City revenues. The City Council could decide it will not submit a grant for Go Local funds, thereby, forfeiting the right to utilize the $100,000 for Metrolink related studies. There is no City match required of this application. CEQA Issues: None for either the application or conducting the study. Environmental. Review: The City Council's approval of this Agenda Item does not require environmental review. is Public Notice: This agenda item may be. noticed according to the Brown Act (72 hours in advance of the public meeting at which.the City Council considers the item). Submitted by: x re�z- ZI-1-2 Homer Bludau City Manager • N 0 0 C� THIS RAQE DEFT BLANK � INTENTIONALLY • q • • U 0 • STEP ONE PROJECT CONCEPT A. Study Type XX Needs Assessment What are the transit needs? Identify populations, congestion areas, etc. _ Coordinating Transit and Land Use How can a transit project support your city's land use planning policies/prcjects? XX Route Planning Existing data has identified activity centers, populations or congestion hot spots which warrant transit service. What are the possible routes and types of transit? Public Policy /Public Support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? XX Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your Own Case Is there a concept that addresses a need in your city that you would like the Board of Directors to consider? 5 • 0 PROJECT CONCEPT • The City of Newport Beach, serving as the "Lead Agency", in cooperation with the City of Costa Mesa, proposes to conduct a multi - faceted transit study to evaluate the feasibility of designing, constructing and operating a direct transit service connection between John Wayne Airport (JWA) and surrounding key Metrolink stations such as the Irvine and/or Tustin stations (target stations). The purpose of the study is to analyze a quick and convenient means to transport Orange County aviation passengers and employees into and out of JWA. SCOPE OF WORK 1. Needs Assessment: Through stakeholder outreach and dialogue, evaluate existing airport JWA passenger surveys, data collection, and technical analysis of various transit alternatives. This study will evaluate the potential passenger demand, and detail the specific operating parameters that would create /induce use of Metrolink service by airport passengers and employees. This study • will interface closely with the County of Orange/John Wayne Airport staff to assess the structural, administrative, and operational issues that would be necessary to work cooperatively with JWA operations. 2. Potential Passenger Demand Analysis: Determine ridership projections, based on an evaluation of airport passengers and employees from existing JWA data and surveys. a. Analyze existing data from the 2007 JWA Passenger Survey to be able to critically evaluate the market demand for a transit link between JWA and Metrolink. b. Develop preliminary ridership forecasts for both aviation passengers and airport employees to estimate potential utilization of the transit connection to Metrolink. 3. Metrolink Operations and Expansion Plans as related to JWA operations. a. Review plans for Metrolink Expansion and Amtrak services after 2009 including draft train schedules, train car type(s) and configuration. . It 0 • b. Evaluate the on -site parking for key Orange County Metrolink stations (Irvine and /or Tustin stations in areas where airport passengers would access Metrolink service. 4. Transit Connections from Metrolink Irvine and/or Tustin stations to JWA: Evaluate alternative transit connections, including rubber -tire /mixed flow /express bus, fixed guideway (for example light rail), and DMU, from the Metrolink corridor to JWA. This study will also evaluate 1 -3 locations within the cities of Newport Beach and Costa Mesa where residents could access this JWA to Metrolink transit service. a. Identify and evaluate planned or proposed bus service between the subject key Metrolink stations and JWA after 2009. b. Review ongoing work for the development of a rubber -tire circulator system in the Irvine Business Complex by the City of Irvine to determine the correlation to this study. c. Review previous rail alignment studies between JWA vicinity and Irvine. Determine if any • aspect of the alignment(s) previously studied might be suitable for a future connection using either people -mover or Metrolink - compatible (DMU) technologies. 5. John Wayne Airport Transit Connections a. Assess the best location and configuration for a transit station at JWA, based on current security needs and operational considerations. b. Financial Analysis: Develop conceptual -level capital and operating cost estimates. Evaluate financial performance of other airport-rail operations to determine financial and funding opportunities and challenges to implement an air -rail connection for JWA. B. COMMITMENTS TO COOPERATE Included in this report is a Cooperative Agreement, which is necessary to conduct a successful airport express study, between the cities of Newport Beach and Costa Mesa. Also included is a Letter of • Cooperation from John Wayne Airport. • C. ADDITIONAL FUNDING AND STUDY BUDGET • The cities of COSTA MESA and NEWPORT BEACH have agreed to allocate 100% of their OCTA "Go Local" funding allocation. The total budget for this study will be $200,000. D. ADMINISTERING AGENCY The City of NEWPORT BEACH is designated as the Administering Agency, and as such will work closely with all the participating partners. Newport Beach will hire and manage the efforts of the Consultant team, manage all financial activities, including payments to consultants, invoicing, and all financial reports, as well as be responsible for all multi- agency coordination between the cooperating organizatons. As the administering agency, the City agrees to facilitate multi - agency cooperation by ensuring the partner organizations are involved in the development of the Scope of Work and the selection of the Consultant Team, as well as hold regular progress meetings and distribute reports and interim studies as they become available. • r 1 u 0 0 z 3 4 s 6 7 8 9 10 n u 0 14 is 16 17 1s 19 zo 21 zz 23 24 25 0 0 COOPERATIVE AGREEMENT NO. C -8 -0514 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF NEWPORT BEACH FOR CITY INITIATED TRANSIT EXTENSIONS TO METROLINK THIS AGREEMENT is made and entered into this day of 2008, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863 -1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY "), acting on behalf of the Orange County Local Transportation Authority, and the City of Newport Beach, Post Office Box 1768, Newport Beach, California 92658, a municipal corporation (hereinafter referred to as "CITY "). RECITALS: WHEREAS, AUTHORITY considers its railroad lines linking Los Angeles and San Diego Counties and the Inland Empire to be the core of Orange County's future rail transit system; and WHEREAS, CITY and AUTHORITY wish to work as partners to develop a community -based transit vision that increases use of Metrolink by Newport Beach residents, visitors, and /or employees; and WHEREAS, the funds allocated through this program must comply with the 1990 Measure M ordinance which states in part that the intent is to provide matching funds to encourage development of extensions to major activity centers and to provide access between the primary rail system and employment centers; and WHEREAS, CITY is encouraged to enter into written agreements with other cities to collaborate in some or all facets of a planning and needs assessment to support this vision; and Page 1 of 13 0 t 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 n L A 0 AGREEMENT C -8 -0514 WHEREAS, Measure M funds have been designated for cities to study ways to accomplish this; and WHEREAS, CITY will develop a proposed Project Concept (further defined hereunder) which will factor in, among other elements, community interests and desires; and WHEREAS, the AUTHORITY's Board of Directors on February 27, 2006, allocated Measure M funds to a program designed to enable cities that wish to develop a local transit vision including defined enhancements and transit extensions to Metrolink that work best with their local community's short and long -term priorities (hereinafter referred to as "GO LOCAL Step 1 "); and WHEREAS, CITY has completed the GO LOCAL Step 1 Project Concept form, and AUTHORITY has found such concept acceptable; and WHEREAS, CITY, upon AUTHORITY's execution of this Agreement, will pursue the Project Concept; and follows: NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY ARTICLE 1. COMPLETE AGREEMENT This Agreement, including all exhibits and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between AUTHORITY and CITY concerning the GO LOCAL Step 1 work and supersedes all prior representations, understandings and communications between the parties. The invalidity in whole or part of any term or condition of this Agreement shall not affect the validity of the other terms or conditions. ARTICLE 2. SCOPE A. This Agreement specifies the procedures that AUTHORITY and CITY will follow in connection with the GO LOCAL Step 1 work to be performed by CITY. CITY agrees to provide all services identified in Project Concept, identified herein as Exhibit A to this Agreement. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all Page 2 of 13 10 r 1 L J 1 2 3 4 s 6 7 s 9 10 11 I 12 • 14 15 16 17 18 19 20 21 22 23 24 25 F- -I A • • AGREEMENT C- 8-0514 covered by this Agreement and any other supplemental agreements. B. AUTHORITY's failure to insist upon CITY s performance of any terms or conditions of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY s right to such performance or to future performance of such terms or conditions and CITY's obligation in respect to performance shall continue in full force and effect. C. Changes to any portion of this Agreement shall not be binding upon AUTHORITY unless confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 3. RESP.ONFStBILITES OF AUTHORITY AUTHORITY agrees to the following responsibilities for the GO LOCAL Step 1 work: A. Payment- AUTHORITY shall pay CITY the amount identified in Article 5. PAYMENT, for the GO LOCAL Step 1 work within 30 days of receipt of acceptable invoice. Funds will not be distributed to CITY if AUTHORITY has not accepted CITY's Project Concept. CITY may resubmit an amended Project Concept for review by AUTHORITY. AUTHORITY has the sole and exclusive right to accept or reject any Project Concept. B. Should CITY not complete the services identified in Exhibit A, or does not meet the terms and conditions of this Agreement, the CITY will return to AUTHORITY all monies funded to the CITY within sixty (60) days of AUTHORITY's written demand. C. Additional Funding- Funding beyond what has been identified in Article 5. PAYMENT, shall be pursuant to a competitive process for projects initiated by AUTHORITY at a date to be determined. AUTHORITY does not guarantee that CITY will be selected to advance to the any future step in the GO LOCAL process. r ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities for GO LOCAL Step 1 work: Page 3 of 13 1 2 3 4 _5 6 a 9 l0 11 1s 13 14 15 16 17 is 19 20 21 22 23 24 25 26 • • AGREEMENT C -8 -0514 A. Lead Agency- CITY will act as the lead agency for the GO LOCAL Step 1 work. However, CITY may designate pursuant to a written partnership letter of agreement that another city participating in the GO LOCAL program is serving as lead agency f or a joint Project Concept. AUTHORITY shall be provided a copy of this letter within ten (10) days after the agreement has been executed. B. Third Party Partnerships- CITY is encouraged to collaborate with and enter into written agreements with adjacent cities to advance the project consistent with the Project Concept. CITY shall deliver to AUTHORITY a copy of each executed agreement within ten (10) days of execution. C. Project Reporting- Within six months from the receipt of funds, CITY shall submit to AUTHORITY a progress report similar to that detailed in Exhibit B, entitled "GO LOCAL Initial Progress Report," attached to and, by this reference, incorporated in and made part of this Agreement. CITY shah be required to produce a final written report (Final Report) of its findings, recommendations, and next steps according to a mutually agreed upon date, but no later than the completion date of this Agreement. The Final Report will include the elements described in Exhibit C, entitled "GO LOCAL Project Concept Final Report Outline." Exhibit C is attached to and, by this reference, incorporated in and made part of this Agreement. D. Use Of Funding- CITY shall use funding provided by AUTHORITY exclusively for the services identified in Exhibit A. All funding released to CITY shall be spent in accordance with Local Transportation Ordinance Number 2: The Revised Orange County Traffic Improvement and Growth Management Ordinance. If CITY fails to develop and/or pursue the Project Concept in accordance with said Ordinance, or the CITY uses the Funds to support or facilitate acquisition of property through eminent domain or as matching funds to implement land development, all monies funded to the CITY shall be returned to AUTHORITY within sixty (60) days of AUTHORITY's written demand. AUTHORITY shall have sole discretion in determining whether the Project Concept has been developed and/or pursued in accordance with said Ordinance. AUTHORITY may terminate this Agreement, in whole or part, if the AUTHORITY determines in its sole discretion that CITY has Page 4 of 13 1 a� r 1 L J 1 2 3 4 s 6 7 a 9 10 11 12 • 14 13 16 17 18 19 20 21 22 23 24 2s i 1 LJ • • AGREEMENT C -8 -0514 utilized funds in a manner leading to use of eminent domain powers. Upon AUTHORITY's determination and written request, CITY shall return all monies in accordance with this Article. E. Third Party Work- CITY shall deliver to AUTHORITY a copy of each executed agreement and scope of work for services to be performed by third parties in fulfillment of the Project Concept within thirty (30) days after the agreement has been executed. F. Conduct- CITY shall conduct all of its activities in association with GO LOCAL Step 1 in a good and competent and professional manner and in compliance with all applicable federal, state and local rules and regulations. G. Modeling —CITY shall utilize existing AUTHORITY modeling results to ensure that project results are compatible with AUTHORITY planning efforts. The AUTHORITY shall make a good faith effort to make existing modeling results available to CITY within 2 business days of the CITY's written request. ARTICLE S. PAYMENT A. For CITY's full and complete performance of its obligations under this Agreement and subject to the maximum cumulative payment obligation provisions set forth in this Agreement, AUTHORITY shall pay CITY the not to exceed lump sum amount of One Hundred Thousand Dollars ($100,000.00) within thirty (30) days after execution of this Agreement and upon receipt of acceptable invoice. B. As a supplement to the Final Report, CITY shall submit to AUTHORITY a Project Expenditures Certification, as detailed in Exhibit D, which is attached to this Agreement, and incorporated by reference, for work performed under this Agreement. The Certification shall include, but not be limited to, period of performance, actual expenses; classification, hours and rates of in- house personnel, vendors, contractors, for work performed exclusively for the GO LOCAL Step 1 phase. Additionally, CITY may be required to submit this information to the AUTHORITY at any time during the performance of this Agreement. CITY will be required to submit to AUTHORITY all information requested within thirty (30) days from AUTHORITY's request. Page 5 of 13 �J 2 3 4 5 6 a 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 • • AGREEMENT C -8 -0614 ARTICLE 6. MAXIMUM OBLIGATION Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY agree that AUTHORITY's maximum cumulative payment obligation hereunder (including CITY's direct and indirect costs) shall be One Hundred Thousand Dollars ($100,000.00) which shall include all amounts payable incurred solely for the purposes of the GO LOCAL Step 1 work. ARTICLE 7. AUDIT AND INSPECTION CITY shall maintain a complete set of records in accordance with generally accepted accounting principles and in accordance with Local Transportation Ordinance Number 2: The Revised Traffic Improvement and Growth Management Ordinance. The original records shall be maintained within the CITY limits. 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 not less than four (4) years after final payment, or until any on -going audit is completed whichever is longer. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment for CITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall also have the right to reproduce any documents related to this Agreement by whatever means necessary. ARTICLE 8. INDEMNIFICATION CITY shall indemnify the AUTHORITY and defend and hold harmless the AUTHORITY and their officers, directors, employees, and agents from and against any and all claims (including attorney's fees and reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, damage to or loss of use of property caused by the negligent acts, omissions or willful misconduct by the Parties and their officers, directors, employees, and agents in connection with or arising out of the performance of this Agreement. Page 6 of 13 1� n LJ 1 2 3 4 5 6 7 8 9 10 11 12 • 14 15 16 17 Is 19 20 21 22 23 24 25 r� L_J 0 0 AGREEMENT C -M514 ARTICLE 9. ADDITIONAL PROVISIONS: The AUTHORITY and CITY agree to the following mutual responsibilities: A. Term for Funding — AUTHORITY and CITY shall execute a Cooperative Agreement on or before March 1, 2008 for Step 1 funds. B. Term of Agreement- This Agreement shall continue in full force and effect through June 30, 2008, unless terminated by mutual written consent by both Parties. The term of this Agreement may only be extended upon mutual written agreement by both Parties. C. Termination - AUTHORITY may terminate this Agreement for its convenience any time, in whole or part, by giving CITY written notice thereof. D. Modifications- This Agreement may be amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by both AUTHORITY and CITY. E. Legal Authority AUTHORITY and CITY hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. F. Notices- Any notices, requests or demands made be tween the parties pursuant to this Agreement are to be directed as followed: To CITY: To AUTHORITY: City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 ATTENTION: Steve Badum Public Works Director (9491644 - 3311); sbadum@city.newport- beach.ca. us Orange County Transportation Authority 550 South Main Street P. O. Box 14184 Orange, CA 92863 -1584 Attention: Kathleen Murphy- Perez, Section Manager, Capital Projects (714/560- 5743); kperez @octa.net c: Kia Mortazavi, Executive Director, Page 7 of 13 �J t 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Development Division AGREEMENT C -8 -0514 G. Severability- If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement- This 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- Either Party shall be excused from performing its obligations under this 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 Agreement, nor any of a Party's rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Parry. 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. Obligations Comply with Law- Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes or other evidences of indebtedness under terms, in amounts, or for purposes other than as authorized by local, State or Federal law. L. Governing Law- The laws of the State of California and applicable Federal, State, local laws, regulations and guidelines shall govern hereunder. Page 8 of 13 r 1 LJ 2 3 4 5 6 7 8 9 10 11 12 • 14 is 16 17 18 19 20 21 22 23 24 25 0 0 • AGREEMENT C- 8-0514 This Agreement shall be made effective upon execution by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C -8 -0514 to be executed on the date first above written. CITY OF NEWPORT BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By: By: Edward D. Selich Arthur T. Leahy Mayor Chief Executive Officer ATTEST: APPROVED AS TO FORM: By: By: LaVonne M. Harkless Kennard R. Smart, Jr. City Clerk General Counsel APPROVAL RECOMMENDED: APPROVED AS TO FORM: By: Robin Clauson City Attorney BY: Kia Mortazavi, Executive Director Development Division Dated: Page 9 of 13 1-7 • i AGREEMENT C -8 -0514 EXHIBIT A • STEP ONE PROJECT CONCEPT To qualify for funds your city project must focus on assessing ways to provide transit connections to Metrolink. Complete the Project Concept, and return with a signed Cooperative A. Study Type Project Concept assessments can cover or study any of the following topics. Please review the descriptions below and indicate the type of analysis you expect to perform by placing an (x) next to one (or more) of the following: Needs Assessments What are the transit needs? Identify populations, congestion areas, etc. Coordinating Transit and Land Use How can a transit project support your city's land use planning policies /projects and vice versa? Route P.Imning Existing -data has identified activity centers, populations or congestion hot spots which warrant transit service. What are possible routes and types of transit? Public policy !public support Does the community support transit as evidenced by land use designations and the commitment of local stakeholders? Project Concepts Does the city have one or more general transit concepts which it would like to explore more fully in a detailed technical analysis? Make your own case Is there a concept that addresses a need in your city that you would like the Board of Directors to consider? Is this need consistent with the Measure M requirements that funds be spent on transit - related purposes to extend the reach of Metrolink? B. Project Overview Please include a 250 to 300 word overview of your Project Concept. . J C. Partners Please attach any letters of agreements which identify other jurisdictions participating in this Project Concept and your respective roles (See Checklist on Website). • Page 10 of 13 �r • • AGREEMENT C -8 -0514 • EXHIBIT B • INITIAL PROGRESS REPORT City /Date: A. Project Overview Progress Report Prepared Please include a 200 -300 word description of progress to date. To the extent possible, you should describe what you are working on, your methodology, key staff and /or stakeholders, and any preliminary results. B. Project Resources Please indicate all that apply: ♦ We've been utilizing consultants (Name(s): ♦ We've been doing some or all of the work in -house ♦ We have partnerships with: (Include if not listed in Exhibit A) C. Financial Report Percentage of funding committed expended We foresee obstacles to completing the Project Concept scope with the funds available. No Yes_ If yes, please explain in an attachment. Return to: Darrell Johnson, Director, Transit Project Delivery • 550 South Main Street P.O. Box 14184 Orange, CA 92863 -1584 Page 11 of 13 Revised 2/11/2008 1Q AGREEMENT C-8 -0514 EXHIBIT C GO LOCAL PROJECT CONCEPT FINAL REPORT OUTLINE At the conclusion of Project Concept work, all cities will submit a Final Report within days utilizing the outline below. Sections Five and Six below will constitute your proposal for the next phase of work. 1. Summary of Project (1 page) 2. Study Questions (1 page) 3. Methodology Used (1 page) 4. Results (3 -5 pages) Report against the Evaluation Criteria, i.e. financial considerations, community factors, transportation benefit. 5. Findings (4Z pages) • Your analysis of the results 6. Next Steps (5 -7 pages) Identify: • what you wish to do next, • the methods you would use, • the staff, resources, and time you would need,* • what you would expect to determine, and • the budget, your agency contribution, any partnerships and their contributions. Return to: Darrell Johnson, Director, Transit Project Delivery 550 South Main Street P.O. Box 14184 Orange, CA 92863 -1584 Page 12 of 13 • Revised 2!11/2005 do r1 LJ • a AGREEMENT C -8 -0514 EXHIBIT D SAMPLE PROJECT CONCEPT Project Expenditures Certification Consultant Contract Number Cast Cakimn A In -house Labor Total hours charged to project x fully burdened hour) rate r.v - ' <' TOTAL add A & B ABC 001 Otl Sr. Planner 500 hours x $85Ihr P XYZ 002 lifi0. Admin Asst. 100 x $25 1hr 100,000 I' 1 LJ I hereby certify that the above is a true and correct statement of the work performed and costs incurred on the Project Concept. Date Signed Title Return to: Darrell Johnson, Director, Transit Project Delivery • 550 South Main Street P.O. Box 14184 Orange, CA 92863 -1584 Page 13 of 13 Revised 2/112008 I