HomeMy WebLinkAbout20 - Paratransit Plan for the Balboa Peninsula TrolleyTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
July 25, 2017
Agenda Item No. 20
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director - 949-644-3232,
kbrandt@newportbeachca.gov
PREPARED BY: Brenda Wisneski, Deputy Community Development Director -
bwisneski(c�newportbeachca.gov
Mike Sinacori, Assistant City Engineer -
msinacori(c�newportbeachca.gov
PHONE: 949-949-644-3297 or 949-644-3342
TITLE: Adoption of the Complementary Paratransit Plan for the Balboa
Peninsula Trolley and an Update on Ridership
ABSTRACT:
The City has secured grant funding under the Orange County Transportation Authority
(OCTA) Project V Program for the Balboa Peninsula Trolley, which began operating
June 17, 2017. The Americans with Disability Act (ADA) of 1990 requires that public
entities that operate fixed -transportation service also provide complementary paratransit
service (curb -to -curb service) for individuals whose disabilities make them unable to use
the fixed -route service. In order to help ensure OCTA's compliance with all Federal
regulations, OCTA has requested that all recipients of Project V grant funding prepare a
complementary paratransit plan.
Following the July 8/9 weekend, the program had transported 9,704 passengers; the
ridership numbers have exceeded the City's expectations. Staff will also provide ridership
information for the July 22/23 weekend at the public hearing.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find this action exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines
because it will not result in a physical change to the environmental, directly or
indirectly;
c) Adopt a Complementary Paratransit Plan as required by the Americans with
Disabilities Act (ADA) and the Orange County Transportation Authority (OCTA) 2016
Project V Grant for the fixed -route local transit service (the Balboa Peninsula Trolley);
and
d) Receive and file report on Balboa Peninsula Trolley use statistics.
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Adoption of the Complementary Paratransit Plan for the Balboa Peninsula Trolley
and an Update on Ridership July 25, 2017
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FUNDING REQUIREMENTS:
There is no fiscal (budget) impact related to this action. Complementary paratransit
service in the City is provided by an existing OCTA program, known as ACCESS.
DISCUSSION:
On December 13, 2016, the City Council approved Cooperative Agreement for OCTA
Project V grant funding of $684,454 for the Balboa Peninsula Trolley program. The service
has been operating since June 17, 2017, and will continue to run along the Balboa
Peninsula during summer weekends until and including September 4, 2017 (Labor Day).
Trolley Update
Trolley ridership has exceeded projections, as well as the criteria required for the OCTA
grant. Based on programs underway in other cities, 10 passengers per operating hour
was projected, and the OCTA grant required our City to have 6 passengers per operating
hours for our first year trial. To date, the Peninsula Trolley has averaged 23 passengers
per operating hour. With four trolleys operating, that equates to 92 passengers per hour.
A report providing trolley ridership statistics and other information is provided as
Attachment B.
To meet demands, minor adjustments were made to the planned Trolley operations in
the first weeks of the summer trial, equating in approximately $10,000 in extra cost above
the $116,910 contract amount for year one. Service was also extended to 11 p.m. on
the 4th of July with 2,209 riders for the day. Although Labor Day (Monday, September
4th) was not originally included in the planned operating days, due to the higher than
expected demand and growing popularity of the weekend Trolley service, and as well as
the Monday holiday is an extension of the weekend, staff intends to expand the Trolley
operation to include Labor Day as well. This added day of service is estimated to cost
$4,320. Because of congestion on some Saturday nights, the Trolley operation has
extended operations beyond 9:30 p.m. to pick up remaining passengers at Balboa Pier.
A full accounting of the project costs will be provided after the summer trial.
Paratransit Plan
The Americans with Disabilities Act (ADA) of 1990 requires public agencies that operate
a fixed -route transportation service also provide complementary paratransit services
(curb -to -curb service) for individuals whose disabilities make them unable to use the
fixed -route service. In Orange County, this complementary paratransit service is known
as ACCESS and is operated through OCTA.
In order to help ensure OCTA's compliance with all Federal regulations, OCTA has
requested that all recipients of Project V grant funding prepare a complementary
paratransit plan. Requirements of the ADA state that paratransit service must be
"comparable" to the Balboa Peninsula Trolley fixed -route service levels, hours of
availability, and the criteria noted below:
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Adoption of the Complementary Paratransit Plan for the Balboa Peninsula Trolley
and an Update on Ridership July 25, 2017
Page 3
• Service Area: Paratransit must be available within the same area served by the
fixed route within 3/4 mile radius on each side of the fixed route.
• Hours and Days of Service: ADA paratransit services must be made available
during the same hours and days of service that the fixed route is available.
Response Time: Trip requests may be made as late as the day before the service is
needed and up to three days in advance.
• Fares: ADA fares are based on OCTA's fixed route fares.
Trip Restrictions: None.
Capacity Constraints: None.
OCTA retains statutory responsibility for the planning, management, administration and
operation of public transit services throughout Orange County, and serves as the
paratransit service provider for the County. In an effort to ensure full compliance with
OCTA's Project V funding and ADA requirements, the City's proposed Complementary
Paratransit Plan has been prepared in conjunction with OCTA, and it meets the criteria
required by Federal regulations. In order to use the ACCESS Program, passengers must
be certified by OCTA per the established process and criteria outlined in the Plan.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action exempt from the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of
the State CEQA Guidelines because it will not result in a physical change to the
environmental, directly or indirectly.
NOTICING:
Notice of the proposed Complementary Paratransit Plan was published in the Daily Pilot
on Saturday, June 17, 2017, which included a web address where the Plan could be
reviewed (Attachment C). This publication complied with the 30 -day review period
requested by OCTA and is also consistent with the provisions of the Municipal Code. In
addition, the agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item). No comments have
been received on the Plan to date.
ATTACHMENTS:
Attachment A — Newport Beach Complementary Paratransit Plan
Attachment B — Balboa Peninsula Trolley Service Update
Attachment C — Public Notice
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Attachment A
Newport Beach Complementary Paratransit Plan
20-4
AMERICAN WITH DISABILITIES ACT
(ADA)
COMPLEMENTARY PARATRANSIT PLAN
BALBOA PENINSULA TROLLEY
1*
City of Newport Beach
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LIq
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Table of Contents
Section 1. Introduction & Background.......................................................................................................... 1
CityDemographic Profile...........................................................................................................................
3
Section 2. Description of Existing and Proposes Services.............................................................................4
FixedRoute Service....................................................................................................................................
4
Proposed City Fixed Route Service............................................................................................................
5
FareStructure............................................................................................................................................
6
TheCity Shuttle Fleet................................................................................................................................
6
Section 3. ADA Paratransit Service Description..............................................................................................
7
ServiceArea...............................................................................................................................................
8
ServiceHours.............................................................................................................................................9
PoliciesAnd Fares......................................................................................................................................
9
CapacityConstraints...................................................................................................................................
9
ResponseTime...........................................................................................................................................
9
TravelTime................................................................................................................................................
9
Section 4. ADA Eligibility Determination and Appeals Process.......................................................................
10
CertificationProcess................................................................................................................................
10
OCTA Categories Of Eligibility..................................................................................................................11
EligibilityAppeals Process.......................................................................................................................12
Section 5. Public Participation Process........................................................................................................14
Complaint Resolution and Customer Service Procedures........................................................................
14
List of Tables and Figures
Table 1- City Service Area Demographic.......................................................................................................... 3
Table 2 - Existing Fixed Route Service Operating Characteristics..................................................................... 4
Table3 - Fare Structure..................................................................................................................................... 6
Figure 1 - Existing Fixed Route Service.............................................................................................................. 5
Figure 2 - Proposed Shuttle Service................................................................................................................... 6
Figure 3 - City's Access Service Area for Proposed Shuttles.............................................................................. 8
20-7
List of Appendices
Appendix A:
Proposed City Shuttle Schedule and Stops
Appendix B:
Summary of Federal Guidelines
Appendix C:
FY 2015-16 ADA -eligible Trips Data
Appendix D:
Application for ACCESS Service
Appendix E:
ADA Service Glossary of Terms
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City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
SECTION 1. INTRODUCTION & BACKGROUND
The Americans with Disabilities Act (ADA) of 1990 requires that public entities that operate fixed -route
transportation services also provide complementary paratransit services for individuals whose disabilities
make them unable to use the fixed route. In addition, the regulations require that those public entities
subject to the complementary paratransit requirements develop and administer a process for determining
if individuals who request service meet the regulatory requirements for eligibility. Finally, those entities are
required to prepare and adopt an ADA Complementary Paratransit Plan to document its compliance with
these and other paratransit regulatory provisions.
This plan was prepared by the City of Newport Beach. Beginning June 2017, the City will provide a fixed
route public transportation service on the Balboa Peninsula during the summer weekends through Labor
Day weekend. The City expects to operate the service each summer thereafter, funding permitting. The
City's fixed route service will be operated by a private contractor under contract with the City.
The requirements of the ADA state that paratransit service must be "comparable" to the fixed route service
levels and h o u r s o f availability. As defined further in regulatory guidance issued by the Department of
Transportation, six service criteria are used to evaluate paratransit service's compatibility to the
fixed route. These criteria only represent the minimum service standards and therefore these thresholds
can be exceeded if the local governing body chooses to do so. The criteria require that ADA paratransit
service is comparable to fixed route services in terms of:
• SERVICE AREA: Paratransit must be available within the same area served by the fixed route,
specifically; service shall be made available to all origins and destinations within % of a mile on each
side of each fixed route. This includes an area within % mile radius at the end of each fixed route as
well.
• HOURS AND DAYS OF SERVICE: ADA paratransit services must be available the same hours and days
of service that fixed route is available.
• RESPONSE TIME: Trips must be made available to any ADA paratransit eligible person at any requested
time of any particular day in response to a request for service made the previous day. The service
operator may negotiate to provide the trip within an "hour window." Reservations must be taken
during regular business hours the day before the trip is requested.
• FARES: The public transit may not establish paratransit fares that are more than twice the fare that
would be charged to an individual paying full fare for a trip of similar length at a similar time of day on
the fixed route system.
• TRIP RESTRICTIONS: The operator may not impose trip restrictions to prioritize trips based on trip
purpose.
• CAPACITY CONSTRAINTS: The operator may not impose capacity constraints on the amount of service
that is provided to any eligible person. Specifically, there can be no operating practice that significantly
limits the availability of service to ADA paratransit eligible individuals.
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City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
This ADA paratransit service is to be provided to all individuals who, because of their disability, are unable to
use the fixed -route system. The criteria used to determine eligibility is also regulated by the ADA, and the City
is required to have a documented process in place to determine if an individual qualifies for service.
Any agency providing public fixed route service is required to submit a plan showing attainment of full
compliance with the ADA no later than January 26, 1996. Since the City did not initiate fixed -route service
until June 2017, no plan was submitted at that time. Nonetheless, a plan is still required to show compliance
with ADA and outline all aspects of paratransit service to ensure full compliance with the regulations.
In an effort to ensure full compliance with the ADA requirements, the City entered into a contractual
relationship with OCTA to provide complementary paratransit services in the City service territory on the City's
behalf.
The following sections systematically review all of the City's service, in concert, with OCTA rules and
guidelines, as they relate to the provision of and compliance with all parts of the ADA statues. If service is
determined to not comply with the regulations contained in the ADA, then proper procedures and compliance
actions will be outlined with specific benchmarks for achievement.
SECTION 1: This section provides an introduction and background to the plan, and presents some
demographic information of interest to the plan.
SECTION 2: This section outlines existing and proposed fixed route services.
SECTION 3: This section describes and evaluates the ADA paratransit service.
SECTION 4: This section outlines the existing paratransit eligibility determination process and appeals
process. A
��,
SECTION 5: This section describes the current public participation process for input into senior and
disabled transportation services.
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City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
CITY DEMOGRAPHIC PROFILE
The purpose of this report is to document the City's compliance with Title VI ADA Complementary
Paratransit Plan. To ensure full compliance with the provisions of the Complementary Paratransit Plan,
the City contracts for the provision of ADA paratransit services with the OCTA. Through this cooperative
agreement, the City is fully committed to the provision of transportation options for individuals who are
unable to use the regular, fixed -route bus service due to functional limitations caused by a disability.
Key demographic statistics of the City are shown in Table 1.
Table 1 - City Service Area Demographic
3 1 Page 20-11
of
% of City
Orange County
% of County
NewportCity
Total Population
86,911
NA
3,116,069
NA
Older Adults (>65 yrs.)
17,549
20.2%
397,657
12.8%
Persons in Poverty
(<100% of Poverty Level)
61149
7.1%
396,646
12.8%
Persons with Disabilities
6,621
7.6%
258,350
8.3%
Source: U.S. Census Bureau, 2011-2015 American Community Survey 5 -Year Estimates
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City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
SECTION 2. DESCRIPTION OF EXISTING AND PROPOSES SERVICES
FIXED ROUTE SERVICE
The OCTA currently operates six fixed -routes in the City. Service characteristics for all fixed routes serving
the City are shown in Table 2. A map of the fixed route services in shown in Figure 1.
Table 2 - Existing Fixed Route Service Operating Characteristics
Route
F7Days/ Hours of Service
WeekdaysMidday
Frequency of Service
1
5:30 a.m. —10:45 p.m.
6:30 a.m. — 8:45 p.m.
30
30
60
47
3:45 a.m. —11:30 p.m.
5 a.m. —10:30 p.m.
15
20
30
55
4:15 a.m. —11:45 p.m.
6 a.m. —10 p.m.
15
30
30
57
4:15 a.m. —1:30 a.m.
4 a.m. —1:30 a.m.
20
24
30
71
5 a.m. —11:15 p.m.
5:45 a.m. —10:15 p.m.
30
30
45
79
6:00 a.m. —11:15 p.m.
5:45 a.m. — 9:00 p.m.
30
30
60
Notes:
Hours of service shown are within City boundary.
Hours of Service rounded to nearest quarter hour; Frequency listed in minutes
N/A = no service available;
I
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City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
Figure 1 - Existing Fixed Route Service
PROPOSED CITY FIXED ROUTE SERVICE
The City's proposed fixed route service, the Balboa Peninsula Trolley, consists of shuttle service to the
Balboa Peninsula. This area is a popular destination for summertime visitors and residents. Heavy traffic
congestion is typically experienced by local residents and motorists visiting the area.
The shuttles will operate 7:30 a.m. to 9:30 p.m., Saturdays and Sundays as well as Fourth of July, from
June 17, 2017 until September 3, 2017. Future years the schedule will generally focus on summer
weekends, but may expand based on demand and funding. The starting point will be the lower Hoag
Hospital parking lot nearest the cogeneration facility, which is accessed from West Coast Highway and Hoag
Drive. Parking at this location is limited and will be on a first -come -first -serve basis. Riders will be able to
board or exit at any of the 19 designated stops along the route. The service will generally operate in a
circular fashion from the lower Hoag Hospital parking lot to the Balboa Pier and back. Where possible, the
service will use existing OCTA bus stops. Figure 2 depicts the route.
The service is anticipated to run at 15 -minute intervals, using four trolleys in regular rotation with a fifth
trolley for backup.
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City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
FARESTRUCTURE
Figure 2 - Proposed Shuttle Service
Table 3 shows the OCTA and the City's fare structure. The City's service is free.
Table 3 - Fare Structure
THE CITY SHUTTLE FLEET
The fleet utilized for the City's shuttle service includes four shuttle -type vehicles owned and operated by
an outside contractor. Initial services operated by a third party service provider under contract. During the
summer weekends, the vehicles are stored at the off-site parking facility located at the lower parking lot
of Hoag Hospital. During the week, the vehicles will be stored at the City's municipal lot located on 15'
Street.
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Complementary Paratransit Plan
SECTION 3. ADA PARATRANSIT SERVICE DESCRIPTION
The OCTA holds statutory responsibility for the planning, management, administration and operation of
public transit services throughout Orange County. In addition to the operation of fixed route bus services,
OCTA provides "complementary paratransit" service, which is curb -to -curb, accessible demand -responsive
transportation pursuant to the requirements of the ADA. In Orange County, this complementary paratransit
service is known as ACCESS.
The ADA guarantees equal opportunity for individuals with disabilities in employment, public
accommodations, transportation, state and local government services and telecommunications. The
transportation provisions of the ADA focus on acquisition of accessible vehicles by public and private entities,
requirements for complementary paratransit service by public entities operating a fixed route system, and
provision of nondiscriminatory accessible transportation service.
The ADA specifically mandates that each public entity operating a fixed route transit system provides
complementary paratransit service to individuals whose functional disabilities prevent use of accessible fixed
route bus and rail systems. The level of service for these individuals is to be comparable to the level of
service provided to individuals without disabilities. The paratransit service is intended to be comparable to
the fixed route system in specific listed criteria such as days and hours of service, fares, service area,
response time, etc. It is to serve strictly defined categories of individuals with functional disabilities as
described in this document, which reflect the ADA requirements. A summary of federal guidelines for
eligibility is included in Appendix B.
The ADA requires that each public entity establish a certification process for determining ADA paratransit
eligibility for complementary paratransit service. The eligibility criteria are designed to limit ADA Paratransit
eligibility to only those individuals whose disabilities prevent them from using accessible fixed route bus or
rail services. Additionally, the ADA regulations specify that recertification may be required at reasonable
intervals.
A person is eligible for ADA service if they are unable to board or exit a fixed -route bus, get to or from a bus
stop due to physical and/or environmental barriers, or does not understand how to ride the bus. Eligibility is
based on a person's functional abilities and limitations due to a disability, not a specific diagnosis or
disability. The City, through OCTA, has a formal certification process that follows ADA guidelines. To request
an application, individuals should contact the OCTA ACCESS Eligibility Office at 714- 560-5956 or download
the application from the OCTA website.
The City contracts with OCTA, a regional transit services provider, for ACCESS services. ACCESS is OCTA's
shared -ride service for individuals who are unable to use the regular, fixed -route bus service because of
functional limitations caused by a disability. These passengers must be certified by OCTA, on behalf of the
City, to use the ACCESS system by meeting the ADA eligibility criteria.
OCTA's ACCESS service offered within the City is well utilized. In Fiscal Year 2015-16, about 34,000 eligible trips
were accomplished within the City, which equates to about 2,800 monthly trips and 93 daily trips, as shown in
Appendix C.
Figure 3 below illustrates the ADA service corridors within the context of the proposed fixed route services.
According to OCTA's database of ADA customers, below are trip characteristics of ADA clients who
accomplished at least one ACCESS trip and whose origin and destination was within the % mile zone of the
proposed City shuttle:
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Complementary Paratransit Plan
There are 229 unique customers within % mile of the proposed shuttle.
It is estimated that over a period of one year, in Fiscal Year 2015-16, 32 of the 229 customers
accomplished at least one ACCESS trip within the % mile zone.
There were five clients who took more than 10 trips in Fiscal Year 2015-16.
There were three clients considered "active customers" who averaged four or more trips per
month.
Figure 3 - City's Access Service Area for Proposed Shuttles
This section describes service characteristics of the City's complementary ADA paratransit system, and
compares them to the federal requirements. Through the City's contract with OCTA for ACCESS services,
the City subscribes to OCTA's eligibility standards, thus, allowing all individuals using transit services in
Orange County, to move freely among services and only go through the certification and eligibility
determination process once. These passengers must be certified by OCTA, on behalf of the City, to use the
ACCESS system by meeting the ADA eligibility criteria.
SERVICE AREA
OCTA's ACCESS service is fully compliant with the ADA regulations and provides excellent service to
ADA -eligible customers. ADA service is offered as a complementary service to the fixed route service,
offering service that matches the hours of operation of the fixed route service.
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SERVICE HOURS
ADA service is available to match existing hours of fixed route service, in compliance with ADA regulations.
These hours will be comparable to those that will be provided on the proposed City fixed route service,
from 7:30 a.m. to 9:30 p.m.
POLICIES AND FARES
A personal care attendant may accompany the paratransit rider at no cost. A Personal Care Attendant
(PCA) is an individual who travels with an ADA eligible rider to provide assistance. This may either be an
employee of the eligible rider, a relative, a friend, or a care provider. ADA regulations specify that
paratransit service must be provided to PCAs at no cost when traveling with an eligible rider. One
companion is permitted to accompany any ACCESS eligible rider in addition to a PCA. Children under the
age of 6 years who are ADA eligible must be accompanied by a responsible adult. That adult will be
considered a PCA and will be allowed to ride at no charge. Trips may be taken on ACCESS for any trip
purpose.
The base fare for ACCESS service is $3.60 per passenger for each one-way trip within Orange County.
In addition, same-day taxi service is available for customers with current ACCESS eligibility. These trips
are scheduled the same day a customer wishes to travel at the time they wish to travel. More information
on this service can be found on the OCTA website at www.octa.net.
CAPACITY CONSTRAINTS
For ADA eligible persons, there are no City constraints, meaning there is no limitation on the number of
trips per day or trips per person that can be made on ACCESS. ACCESS on-time performance is very good,
and travel times are comparable to fixed route trips. For ADA eligible persons, there are no trip denials,
turndowns, or waiting lists. All trip requests are provided as agreed upon during the reservation process.
RESPONSE TIME
Currently, service policies allow trip requests to be made the day before the service is needed by contacting
OCTA between the times of 7 a.m. and 5 p.m., Monday through Friday, and 8 a.m. to 5 p.m. on Saturdays,
Sundays and Holidays. Trips may be requested up to three days in advance.
ACCESS service is provided within a % mile of, and during similar hours as, OCTA's regular fixed route service.
ACCESS scheduling guidelines include scheduling trips within 60 minutes of the requested time, picking up
customers within a quoted 30 -minute pick-up window.
TRAVEL TIME
OCTA's ACCESS service is comparable to the level of service and ride time provided on OCTA's fixed route as
required by the Department of Transportation's (DOT) Rules and Regulations, 37.121. When planning a trip,
individuals should be aware that the ride will be shared with other ACCESS customers, and travel time is
dependent on the number and time passengers are picked up or dropped off.
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SECTION 4. ADA ELIGIBILITY DETERMINATION AND APPEALS PROCESS
Eligibility is determined by three factors:
• Individual's ability to get to/from the bus stop
• Individual's ability to board/exit the bus
• Individual's cognitive ability to navigate the regular bus system.
Operational issues not used to determine eligibility, include:
• Age
• Distance
• Overcrowded buses
• Weather conditions
• Lack of bus service to an area
Operational issues are not considered in the eligibility process. These are issues that affect any individual,
whether they suffer from a disability or not. The individual's disability (is) and how it affects their functional
ability to use regular bus service is the only criterion used in determining eligibility.
ACCESS eligibility may be granted for up to five years. Customers wishing to continue ACCESS service must
reapply and complete the eligibility process prior to their eligibility expiration date in order to prevent a lapse
in ACCESS service.
CERTIFICATION PROCESS
The certification process consists of a completed application and a one hour in-person functional assessment.
If using a mobility device, it is recommended that the individual bring the device to the interview. ACCESS
service may be made available to and from the in-person functional assessment upon request. Including
travel, the entire assessment process may take from 4 to S hours. Photo ID is needed to verify individuals for
the in-person assessment.
Individuals are notified by mail regarding their eligibility determination within 21 calendar days after the
functional assessment is conducted. If found to be eligible for ACCESS service, individuals will receive an
ACCESS identification number and a Rider's Guide describing the ACCESS service and booking process in
more detail.
To apply for OCTA Paratransit Service, call the OCTA ACCESS Eligibility Contractor to schedule your in-
person assessment at 714-560-5956 ext. 2, TDD 714-560-5474 or review the OCTA website at
www.octa.net.
A copy of the application for ACCESS service is included as Appendix D.
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OCTA CATEGORIES OF ELIGIBILITY
There are many reasons why an individual may or may not be able to use accessible fixed route bus or rail
services. In addition, there may be times when an individual may be able to use accessible fixed route bus
or rail services, and other times when they cannot. Recognizing this, OCTA has four categories of ADA
paratransit eligibility: Unrestricted, Trip -by -Trip, Conditional and Temporary. In addition, applicants may
be Denied eligibility or determined to be Ineligible. These categories are described below:
Unrestricted. Individuals, who are physically or cognitively unable to ever independently board,
ride or disembark from the public bus or rail service. An example would be an individual who uses
a wheelchair who is unable to maneuver their wheelchair by themselves.
Trip -by -Trip. An individual may utilize ACCESS service for those trips in which their disability, due to
physical or environmental barriers, prevents them from getting to or from the bus or rail stop or
loading location or from boarding or disembarking from the fixed route bus or rail service. An
example is an individual who uses a wheelchair and the sidewalks that he/she needs to use to get
to/from the bus stops for a specific trip do not have curb cuts, thus preventing him/her from using
the fixed route bus for this trip.
Conditional. Individuals may use ACCESS service for those trips when the episodic nature of their
disability prevents them from making the trip on the public fixed route bus or rail. An example
would be an individual with a disability which allows them to function well at times and less well at
other times — night blindness, extreme sensitivity to cold or heat, and kidney dialysis are examples
of conditions which could result in Conditional eligibility. During those days when the individual is
not able to function well, he/she would be unable to use the fixed route bus and, therefore, would
be eligible to use ACCESS.
d. Temporary. ADA eligibility may be granted to individuals whose condition or functional limitations
are expected to improve to the point that they would be able to utilize accessible fixed route services
for all their trips as well as to individuals who disability condition may be permanent but whose travel
abilities may change with training or therapy. In these cases, the individual will be given temporary
eligibility. Examples might be an individual with a medical condition or injury from which they
are expected to fully recover or a person with a visual impairment who is attending
mobility/orientation training which may train them sufficiently to use the fixed route bus services.
Granting temporary eligibility does not necessarily mean that the recipient will eventually be denied,
but that a more accurate eligibility determination can be made once training/ therapy is completed.
e. Denied. Individuals whose disability and/or functional abilities do not prevent them from using the
accessible fixed route bus services will be denied ADA paratransit eligibility.
Incomplete. An individual may be deemed to be ineligible to use ADA paratransit services if they
do not meet the Authority's minimum age or if their application is withdrawn for failure to complete
the necessary information and/or certification process.
Children who are five years of age or younger and, with the assistance of an adult, are able to
board, ride and disembark from an accessible fixed route bus will be denied ADA paratransit eligibility.
Because the Authority's child protection policy requires children under the age of six to be
accompanied by an adult on the fixed route bus, eligibility for children of that age is based on their
ability to travel with the assistance of an adult.
ill Page 20-19
City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
ELIGIBILITY APPEALS PROCESS
Purpose
The purpose of this policy is to comply with the ADA Certification Eligibility Appeals Board process and
applies to the paratransit service operated by the Orange County Transportation Authority (OCTA). The
ADA requires that an eligibility appeals process be established by each operator of complementary paratransit
service. The eligibility appeals process is intended to provide an applicant who disagrees with the initial
eligibility determination the opportunity to have the determination reviewed by official(s) other than the
person who originally determined his/her eligibility.
Requesting an Eligibility Appeal
An applicant wishing to appeal his/her initial eligibility determination must submit a written letter of
appeal within 60 days of receiving the first eligibility notification letter.
All eligibility notification letters include a Request for Appeal form to be returned with the applicant's
appeal letter, with the exception of applicants receiving unrestricted eligibility. The appeal form will ask if
communication is required in an alternative format (Spanish, Braille or DVD audio). Visually impaired
applicants receive a telephone call in addition to written notification.
If the eligibility appeal request is received by the Authority after the 60 -day appeal period has elapsed, the
eligibility determination will remain in place. Applicants will be notified by certified mail if the appeal request
is received after the 60 -day appeal period. Visually impaired applicants will receive a telephone call in addition
to written notification.
Notification of Appeal Hearing
Upon receiving an appeal request within the required 60 days, OCTA will notify the applicant in writing of the
next two scheduled appeals board dates. Visually impaired applicants will receive a phone call in addition to
written notification. The letter will ask if any reasonable accommodations are needed for the appeal hearing.
The applicant may choose one of the two dates for his/her hearing.
The applicant will be informed of the date, time and location of the appeals board hearing and have the
opportunity to come before the appeals board personally to present written and oral information. All relevant
OCTA records will be made available to the applicant and the appeals board. The applicant may bring a
representative, such as someone from an advocacy organization, an attorney, etc., to speak on his/her behalf
if desired. Appeals shall follow ADA paratransit eligibility procedures and classification guidelines. All
determinations by an Appeals Specialists shall be consistent with these guidelines.
Appeals Board Hearing
The appeals board will convene as scheduled with all pertinent parties present and the appeal hearing will be
conducted using the following guidelines:
• Introduction of all persons present
• Explanation of the appeals policy
• Brief overview of the criteria
• Summary of initial eligibility determination
• Opportunity for the applicant and/or his/her representative to provide additional information or
dispute the initial finding
121 Page 20-20
City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
• Opportunity for the appeals board members to ask questions
• Restatement of the appeal policy to provide the applicant with a clear understanding of what will
happen following the hearing
After the appeal hearing has been conducted, the appeals board will review all information and make a
final determination. The majority decision may reaffirm, change or overturn the initial eligibility
determination. The decision by the appeals board shall be made within 30 days from the appeal hearing. If
the final determination is not made within the 30 -day period following the appeal hearing, presumptive
eligibility is granted to the individual and will continue until a final determination is made and the applicant
is notified
Notification of Appeals Board Determination
The applicant shall be notified of the appeal decision by certified mail. Visually impaired applicants will receive
a telephone call in addition to written notification. The letter will include specific reasons for the decision by
the appeals board. The decision of the appeals board will be final. OCTA staff encourages anyone whose
functional capabilities change to reapply for eligibility and/or inform OCTA of any changes in his/her condition.
Appeals Board
The appeal will be heard by an objective three -board consisting of the following members:
1. OCTA's manager of operations or his/her designee.
2. Two members from OCTA's Special Needs in Transit Committee, including the committee chairman
or his/her committee designee.
A glossary of terms is included in Appendix E.
131 Page 20-21
City of Newport Beach, Balboa Peninsula Trolley
Complementary Paratransit Plan
SECTION S. PUBLIC PARTICIPATION PROCESS
ADA requirements specify this plan should be developed in consultation with members of the disability
community. In Orange County, there is a high representation from the disabled community including
individuals and agencies in the local area that provide services for the disabled. As a result, thirty days prior
to adoption of the Plan, a public notice stating the availability of the City's Proposed Paratransit Plan was
published in the local newspaper and the Plan was made available on the City's website.
COMPLAINT RESOLUTION AND CUSTOMER SERVICE PROCEDURES
It is the policy of the City to employ its best efforts to ensure that all programs, service, activities and
benefits are implemented without discrimination. However, in those cases where a c o m p I a i n t must be
filed due to service provision issues or any other customer service matter, the City follows
complaint investigation and format procedures which are in keeping with Title VI requirements.
ADA customers may submit comments and complainants to either OCTA or the City. Contact information is
shown below:
OCTA's Customer Relations Department: 714-636-7433
Newport Beach City Clerk's Office: 949-644-3005
A-,
141 Page 20-22
APPENDICES
Appendix A: Proposed City Shuttle Schedule and Stops
Appendix B: Summary of Federal Guidelines
Appendix C: FY 2015-16 ADA -eligible Trips Data
Appendix D: Application for ACCESS Service
Appendix E: ADA Service Glossary of Terms
20-23
APPENDIX A
Proposed City Shuttle Schedule and Stops
As described in Section 2, the City intends to operate the shuttle on weekends during the
summer. The service will run every 15 minutes. Below is a list of designated shuttle stops.
■ Lower Hoag Lot — Start
■ Newport Boulevard and Short Street
■ Newport Boulevard and 29th Street
■ Balboa Boulevard and 20th Street (Southbound)
■ Marina Park
■ Balboa Boulevard and 14" Street
■ Balboa Boulevard and 111h Street
■ Balboa Boulevard and 8th Street
■ Balboa Boulevard and Island Avenue
■ Balboa Boulevard and Adams Street (Eastbound)
■ Balboa Pier — Turnaround
■ Balboa Boulevard and Adams Street (Westbound)
■ Balboa Library
■ Balboa Boulevard and 81h Street
■ Balboa Boulevard and 121h Street .,
■ Marina Park (Westbound) 1
■ Balboa Boulevard and 201h Street (Northbound)
■ Newport Boulevard and 28th Street
■ Newport Boulevard and Finley Avenue — Return to Hoag
20-24
APPENDIX S
SUMNIARY OF FEDERAL ADA REGULATIONS
Subpart F Paratransit as A Complement to Fixed Route Services
Paratransit Eligibility — Standards
(e) The following individuals are ADA paratransit eligible:
(1) Any individual with a disability who is unable, as the result of a physical or
mental impairment (including a vision impairment), and without the assistance
of another individual (except the operator of a wheelchair lift or other boarding
assistance device), to board, ride, or disembark from any vehicle on the
system which is readily accessible to and usable by individuals with
disabilities.
(2) Any individual with a disability who needs the assistance of a wheelchair lift or
other boarding assistance device and is able, with such assistance, to
aboard, ride and disembark from any vehicle which is readily accessible to
and usable by individuals with disabilities if the Individual wants to travel on a
route on the system at a time, or within a reasonable period of such time,
when such a vehicle is not being used to provide designated public
transportation on the route.
(i) An individual is eligible under this paragraph with respect to travel
on an otherwise accessible route on which the boarding or
disembarking location which the individual would use is one at
which boarding or disembarking from the vehicle is precluded as
provided in 37.1 67(g) of this Part.
(ii) An individual using a common wheelchair is eligible under this
paragraph if the individual's wheelchair cannot be accommodated
on an existing vehicle (e.g., because the vehicle's lift does not meet
the standards of Part 38 of this title), even If that vehicle is
accessible to other individuals with disabilities and their mobility
wheelchairs.
(iii) With respect to rail systems, an individual is eligible under this
paragraph if the individual could use an accessible rail system, but
(A) there is not yet an accessible car per train on the system, or
(B) key stations have not yet been made accessible.
(3) Any individual with a disability who has a specific impairment -related
condition which prevents such individual from traveling a boarding location or
from a disembarking location on such system.
(i) Only specific impairment -related condition, which prevents the
individual from traveling to a boarding location or from a
disembarking location is a basis for eligibility under this paragraph.
A condition which makes traveling to boarding location or from a
20-25
APPENDIX C
CIC ACCESS ADA Trips for the City of Newport Beach from July 2015 through June 2016
RDA Trips
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Total
Mon.
Daily
JL
Avg.
Avg.
Primary Provider
Pick -Up
830
764
1,016
989
821
684
532
863
893
979
912
842
10,125
844
33
Drop -Off
761
829
1,007
963
782
659
581
776
847
895
878
767
9,745
812
32
Both
93
114
118
156
106
69
52
92
90
85
92
89
1,156
96
4
Total
1,684
1,707
2,141
2,108
1,709
1,412
1,165
1,731
1,830
1,959
1,882
1,698
21,026
1,752
68
Supplemental Provider
Pick -Up
372
421
569
615
514
390
363
505
569
585
592
455
5,950
496
16
Drop -Off 433 418 610 685 532 419 341 570 612 699 635 550 6,504 542 18
Both 29 30 56 68 51 40 36 42 50 42 46 24 514 43 1
Total 834 869 1,235 1,368 1,097 849 740 1,117 1,231 1,326 1,273 1,029 12,968 1,081 36
Total OC ACCESS
1
Pick -Up 1,202 1,185 1,585 1,604 1,335 1,074 895 1,368 1,462 1,564 1,504 1,297 16,075 1,340 44
Drop -Off 1,194 1,247 1,617 1,648 1,314 1,078 922 1,346 1,459 1,594 1,513 1,317 16,249 1,354 45
Both 122 144 174 224 157 109 88 134 140 127 138 113 1,670 139 5
Total 2,518 2,576 3,376 3,476 2,806 2,261 1,905 2,848 3,061 3,285 3,155 2,727 33,994 2,833 93
20-26
1_1»A►111111]PAa,'
OCTA ADA PARATRANSIT APPLICATION
DO NOT MAIL
OCTA Please complete the application and call (714) 560-5956 ext 2
to schedule your in-person assessment. TDD (714) 560-5474
Notification of Eli ibilit within 21 calendar da s of in- erson assessment
PERSONAL1. ■- ■please
Last Name: First: Middle Initial:
❑ Female ❑ Male Date of Birth
*Social Security '-] ❑ ❑ L (Last 4 digits only)
*The Federal Act of 1974 requires that disclosure of your social secunty number is voluntary. If given, it will be used for identification purposes only.
Home Address
Street Apt # City State Zip
Day Phone ( ) - Evening Phone( )
TDD []Yes ❑ No
Mailing Address (If different from above}
Street Apt # _
Emergency Contact
Name:
Day Phone
City
Relationship:
Evening Phone( )
Do you require information in an alternate format? ❑ Yes
If yes, please indicate: ❑ Braille ❑ Large Print ❑ Other
Your primary language: ❑ English ❑ Spanish ❑ Other
State Zip
What is your disability?
Which of the following mobility aids or equipment do you use?
❑ Power wheelchair ❑ Manual wheelchair ❑ Scooter
❑ Crutches
❑ Oxygen Tank
Signature
❑ Cane ❑ Walker
❑ Service Animal ❑ Other
Date
❑ No
You must bring a valid photo identification and this completed ADA Paratransit
Service application to your In -Person assessment appointment
Revised January 2016
20-27
APPENDIX E
GLOSSARY OF TERMS
As used throughout the Scope of Work, Figures, and Attachments, the following terms shall have the meanings
set forth below:
Accessible — A general term that has come to mean "usable by a person with a disability." Can refer to
equipment (a passenger lift), a service (calling out bus stops), or communication formats (TDD phones).
ADA ACCESS Service —ACCESS service is the OCTA's complementary paratransit service element which
began operating in October 1993. ACCESS is a curb -to -curb, fully -accessible service for travel in Orange
County for persons who have been certified as eligible.
ADA Paratransit — Curb -to -curb public transportation service available to individuals whose disabilities prevent
the use of fixed route transit services.
Americans with Disabilities Act of 1994 (ADA) — Federal civil rights legislation which mandates accessibility
for people with disabilities. Included is a requirement that all public transit agencies operating fixed route bus
service provide complementary paratransit service to persons functionally unable to use accessible fixed route
systems.
Applicants — Persons who are applying for certification to use ADA paratransit service.
OCTA — OCTA shall signify the Orange County Transportation OCTA (Authority).
Certification — Term that generally refers to the award of eligibility status to an applicant who has applied to
use ADA paratransit service.
Determination — Evaluation of how an applicant's disability affects hislher use of public transportation and
resulting in a classification of the applicant into an ADA eligibility category.
Eligibility Category — As defined by OCTA, four categories which describe the situations under which an
Individual is determined eligible and may ride ADA paratransit services. As a result of the certification process,
applicants may also be Denied or Ineligible. [See Attachment No. 2]
Federal Transit Administration (FTA) — A branch of the U.S. Department of Transportation (USDOT)
established to improve transportation throughout the nation. The FTA provides funding and assistance to
regional transportation agencies, among various other programs.
Functional Eligibility — Determination of ADA paratransit eligibility based upon the passenger's physical
and/or cognitive ability to use accessible fixed route services.
Holidays — The official OCTA holidays are: New `fear's Day; Memorial Day; Independence Day; Labor Day;
Thanksgiving Day; and Christmas Day. In addition, the OCTA may direct a reduced level of services on
unofficial holidays and during holiday periods.
Presumptive Eligibility — Unrestricted eligibility to use ADA paratransit services pending completion of an
applicant's certification. See "21 -Day Rule."
Service Contractor — The OCTA's vendor for management and operation of ADA ACCESS services.
21 -Day Rule — ADA Regulations require that if, by a date 21 days following the submission of a complete
application, the entity has not made a determination of eligibility, the applicant shall be treated as eligible and
provided paratransit service until and unless the entity denies the application. [49 CFR 37 Section 37.125(c)]
20-28
Attachment B
Balboa Peninsula Trolley Service Update
20-29
rlj
Y,
tw�
C.
Ridership by Stop
Stop
24 -Jun
25 -Jun
1 -Jul
2 -Jul
07/04
07/08
07/09
Total
Hoag Lot & Trolley Pick up
117
103
146
391
797
371
212
2137
27%
Newport & Short SB
40
25
19
45
Z9
21
9
188
2%
Newport & 30th SB
30
28
45
38
47
30
47
265
3%
Balboa & 20th SB
59
113
104
116
120
86
82
680
8%
Marina Park (EB)
34
48
26
53
68
39
18
286
4%
Balboa & 14th
16
17
36
29
58
39
31
226
3%
Balboa & 11th SB
19
12
11
6
5
0
11
64
1%
Balboa & 8th (EB)
11
2
4
15
17
10
0
59
1%
Balboa & Island
25
18
21
23
20
2
27
136
2%
Balboa & Adams (EB)
35
3
33
19
47
35
23
195
2%
Balboa Pier
87
78
124
153
211.
90
67
810
10%
Balboa & Adams (WB)
116
1251
131
243
312
202
191
1320
16%
Balboa Library
18
37
26
39
57
25
35
237
3%
Balboa & 8th (WB)
14
14
10
18
21
19
7
103
1%
Balboa & 12th NB
15
8
34
7
36
23
1
124
2%
Marina Park (WB)
55
58
51
59
138
62
78
501
6%
Balboa & 20th NB
42
30
35
60
94
102
21
384
5%
Newport & 28th NB
6
20
3
7
70
23
32
161
2%
Newport & Finley NB
5
4
13
36
62
24
13
157
2%
Total
744
743
8721
13571
22091
12031
9051
8033
100%
20-31
Ridership by Hour
Time
6/17 6/18 06/24
06/25
07/01
07/02
07/04
07/08
07/09
Total
7:00
0
0
12
4
9
24
9
58
1
8:00
13
4
6
18
60
9
17
127
1%
9:00
15
5
10
62
76
13
27
208
2%
10:00
54
14
8
43
178
61
50
408
4%
11:00
35
34
30
77
154
95
72
497
5%
12:00
71
55
38
169
139
118
77
667
7%
1:00
100
72
72
130
260
124
88
846
9%
2:00
103
110
100
160
248
174
75
970
10%
3:00
82
63
159
217
120
133
93
867
9%
4:00
65
118
136
111
212
162
90
894
9%
5:00
51
98
79
98
161
105
90
682
7%
6:00
72
33
82
124
185
81
98
675
7%
7:00
60
68
65
68
160
37
58
516
5%
8:00
18
45
73
74
99
52
43
404
4%
9:00
5
22
2
2
102
15
18
166
2%
10:00
0
2
0
0
42
0
0
44
0%
11:00
0
0
0
0
4
0
0
4
000
Total
777 894 744
7431
872
1357
2209
1203
905
9704
20-32
Attachment C
Public Notice
20-33
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, July 25, 2017, at 7:00 P.M., or soon
thereafter, a public hearing will be conducted in the City Council Chambers at 100 Civic
Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider
the following:
Complementary Paratransit Services as Part of the Balboa Peninsula Trolley —
Request for the adoption of a Complementary Paratransit Plan as required by the
Americans with Disabilities Act (ADA) and the Orange County Transportation Authority
(OCTA) 2016 Project V Grant for fixed -route local transit service (the Balboa Peninsula
Trolley). The complementary paratransit services are for individuals whose disabilities
make them unable to use the fixed -route service.
To review the draft plan, please visit www.newportbeachca.gov/trolley.
All interested parties may appear and present testimony in regard to this item. If you
challenge this item in court, you may be limited to raising only those issues you raised at
the public hearing or in written correspondence delivered to the City, at, or prior to, the
public hearing. The item may be continued to a specific future meeting date, and if such
an action occurs additional public notice of the continuance will not be provided. Prior to
the public hearing the agenda, staff report, and documents may be reviewed at the City
Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of
Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the
meeting may contact the Planning Division or access the City's website after the meeting
to review the action on this item.
For questions regarding details of the Complementary Paratransit Plan, please contact
Brenda Wisneski, Deputy Community Development Director, at 949-644-3297 or
bwisneski@newportbeachca.gov.
Location: Balboa Peninsula Applicant: City of Newport Beach
/s/ Leilani I. Brown, MMC, City Clerk
City of Newport Beach
20-34