1. Financial Stability; 2. ATN Background; 3. Service Territory; and 4. Franchise Service Standards DATE: JANUARY 23, 2012 ATN BOARD OF DIRECTORS

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1 DATE: JANUARY 23, 2012 TO: FROM: ATN BOARD OF DIRECTORS DIANA KOTLER, EXECUTIVE DIRECTOR RE: AGENDA ITEM #20 RECOMMENDATION: Authorize Executive Director to submit a progress report to the City of Anaheim in compliance with City of Anaheim Ordinance 6219 pertaining to a non-exclusive franchise agreement with the ATN DISCUSSION: In May 2011, the Anaheim City Council approved ATN s renewal of a non-exclusive franchise for the operation of the Anaheim Resort Transportation (ART) services. The ATN s franchise application was approved for seven (7) years, through May As part of the franchise agreement with the City of Anaheim, the ATN needs to submit an annual progress report to summarize ATN s accomplishments, challenges and other pertinent operating issues. The annual progress report is due to the City of Anaheim on January 31 st and is enclosed for review and consideration. The enclosed report covers the following areas: 1. Financial Stability; 2. ATN Background; 3. Service Territory; and 4. Franchise Service Standards

2 FRANCHISEE: 1280 South Anaheim Blvd. Anaheim, CA Attn. Diana Kotler (714) CORPORATE STATUS: The is a California Non-profit 501(c)4 Corporation, formed on September 28, FINANCIAL STABILITY The ATN is providing audited Fiscal Year 2010/11 financial statements as Attachment A. ATN Fiscal Year 2011/12 audited financial statements will be provided in March 2013, upon ATN Board of Directors approval and acceptance of the auditor s report. In addition, TABLE 1 ANAHEIM RESORT TRANSIT PERFORMANCE INDICATORS is provided below. The ATN does not currently have any pending litigations, fines or enforcement proceedings by other cities, public or private entities nor is the ATN involved in any bankruptcy filings. TABLE 1 -- ANAHEIM RESORT TRANSIT PERFORMANCE INDICATORS Category/Fiscal Year FY 2009/10 FY 2010/11 FY 2011/12 FY 2012/13 Actual Actual Actual Projected Number of Routes Fleet Composition E-Bus -- Electric El Dorado -- Propane NABI -- Liquefied Natural Gas Glaval Entourage Compressed Natural Gas El Dorado Low-Floor Passport Compressed Natural Gas (Delivery May 2013) Total Current Fleet Annual Ridership 4.13 million 7.65 million 7.63 million 7.8 million Annual Budget Revenue $8,618,566 $10,567,120 $11,635,238 $12,289,813 Expenses $8,158,519 $9,967,186 $10,971,221 $11,745,943 Excess (Deficit) Revenue $ 460,047 $ 599,934 $663,017 $575,893 Reserves $ 224,155 $ 491,346 $731,346 $971,346 1

3 FRANCHISE RENEWAL REQUEST EXECUTIVE SUMMARY: I. Background This report provides a synopsis of the ATN actions since the approval of the ATN franchise renewal application by the Anaheim City Council in May The (ATN) was incorporated as a non-profit California 501(c)4 Corporation in September of 1995, with the City of Anaheim being one of the 12 founding members. The ATN, a transportation management association, was created specifically to facilitate transportation in Anaheim with a distinct focus on the creation of a clean fuel shuttle system to serve transportation needs of The Anaheim Resort. Additionally, the ATN was established in support of the Anaheim Resort Specific Plan to mitigate traffic congestion and air quality impacts (mitigation measures 3.3-4, 3.3-8, and 3.4-1). Presently, the ATN is governed by a 13-member Board of Directors representing a wide range of Anaheim business interests. Current ATN Board of Directors roster is provided as Attachment B. Since submission of the franchise renewal application, the ATN was successful in its ability to obtain grant funding and deliver implementation of the grant funded projects. The entire ATN fleet operates using alternative fuels and 20 new buses were added to fleet to improve and enhance ART service for the traveling public. Current ART fleet consists of seventy-two (72) buses as depicted in TABLE 2 ART FLEET. TABLE 2 ART FLEET Manufacturer Fuel Type Model Year/ Year Deployed in Service Bus Size Seating/ Standing Capacity FTA Required Vehicle Life (in years) Number of Buses in Fleet NABI Liquefied Natural Gas ft 39/ El Dorado National Kodiaks El Dorado National StarCraft Liquefied Propane Gas Liquefied Propane Gas ft 28/ ft 28/ Glaval Entourage Compressed Natural Gas ft 30/ El Dorado National Passport Compressed Natural Gas 2013 (Slated for delivery in May) 35-ft 32/

4 Since submission of the franchise application in 2011, the ART service continued to expand and improve. TABLE 3 -- BACKGROUND/ACCOMPLISHMENTS represents an abstract of the activities for TABLE 3 BACKGROUND/ACCOMPLISHMENTS YEAR ACCOMPLISHMENT DESCRIPTION April 2011 October 2011 April 2012 June 2012 November 2012 January 2013 Nine (9) new buses State o f Good Repair and Clean Fuels Grant Awards ATN expands service to Buena Park and Santa Ana Service frequency to the Anaheim Stadium Train Station improved ART s 10 th Anniversary Informational bus arrival system deployed Nine (9) new LPG buses delivered to enhance ART fleet ATN receives funding to procure 20 new buses for ART fleet ATN begins service to other Orange County destinations to enhance guest experience and reduce traffic congestion in The Anaheim Resort Service frequency improved to 20-minue headways to further encourage use of multi-modal services and connectivity between The Anaheim Resort and the Platinum Triangle ATN celebrate its 10 th anniversary and service provision to over 35 million passengers ATN begins deployment of information bus arrival signs in The Anaheim Resort and in other parts of the City of Anaheim II. Service Territory While maintaining the required minimum of 98% of the annual vehicle service miles to be provided within the City of Anaheim, the ATN service territory increased to provide transportation services to Buena Park destinations such as Knott s Berry Farm, Medieval Times Dinner Theater and Pirates Dinner Adventure and Santa Ana destinations of Discovery Science Center and MainPlace. Through careful route planning, the ATN is committed to meeting and maintaining the required annual vehicle service mile constraints within the City of Anaheim. III. Franchise Service Standards The standards for transportation service excellence are the backbone of our service provision policy. Through ten years of transportation service provision, the ATN successfully raised the bar for transportation services and will continue to operate based on the standards incorporated into franchise requirements. A. Initial and Updated Operational Standards 1. Service Area Franchisee shall provide service to all Event Centers 3

5 ART service is provided for the following event centers: Anaheim Convention Center Disneyland Resort Anaheim Stadium/Anaheim Train Station Honda Center The Outlets at Orange Crystal Cathedral Anaheim GardenWalk Buena Park destination Knott s Berry Farm, Medieval Times Dinner Theater and Pirates Dinner Adventure Santa Ana destinations MainPlace and Discovery Science Center The latest edition of the ART system map is provided as Exhibit Hours and Frequency of Service Franchisee shall provide service to Event Centers in The Anaheim Resort beginning one hour before Event Centers open and end the service no earlier than 30 minutes after Event Centers close. Service frequency on core ART routes (Routes 1-14 & 16) has been maintained at 20- minute headways throughout the day regardless of seasonality or time of day. Services on Route 15 (service to Anaheim Stadium Train Station) increased to 20-minute frequency. Route 17 downtown circulator (Toy Story) route is operated as a continuous loop with maintained service frequencies of 5 minutes. Service frequency of new routes 18 and 19 is maintained at 60 minutes. 3. On-Time Performance - Franchisee shall maintain at least 95% on-time performance. Missed trips will be defined as documented wait times exceeding the posted frequency with the exception of unavoidable unusual traffic delays or other unforeseen operational challenges. The ATN tracks Customer Service Performance metrics based on the following 14 categories: 1. On-line Survey Moderately Satisfied 2. On-line Survey Moderately Dissatisfied 3. On-line Survey Extremely Dissatisfied 4. ADA/Wheel Chair Issues 5. Bus Stop Issues 6. Commendation 7. Late Trip/Schedule Issues 8. Mystery Shopper Report 9. Overcrowding 10. Rude/Discourteous Driver 11. Service Suggestion 12. Unsafe Driving 4

6 13. Vehicle Cleanliness 14. Other Monthly summaries of the Customer Service Performance metrics are provided as Exhibit 2. In Fiscal Year 2011, the ATN received a total of 1,131 complaints, with 376 complaints specific to on-time performance issues. The ATN s performance improved through the reduction of over 177 total complaints (15.6% reduction in total complaints) with only 192 complaints resulting from on-time performance. A total of 954 complaints were received in Fiscal Year In consideration of the total ridership of 7.6 million and 7.8 million for the respective reporting years, ATN more than exceeds the self-established 95% on-time performance standard. 4. Capacity Management Franchisee shall demonstrate the ability to handle peak demand periods up to 20% over typical monthly ridership statistics 5. Complaint Resolution Franchisee must have in place a complaint procedure that includes a log of all complaints received, date and time of complaint, response, date and time of response, results of investigation, action taken, and any written communications. All complaints received in writing must be responded to in writing within five (5) business days with at minimum an acknowledgement of complaint, complaint status, and expected time to resolve. All complaints received by telephone must be logged. B. Environmental Standards 1. Clean fuel vehicles Franchisee must meet the intent of the mitigation measures in The Anaheim Resort Specific Plan and operate clean fuel vehicles. Clean fuel is defined as electric, propane (LPG), liquefied natural gas (LNG), compressed natural gas (CNG), or fuel cell vehicles. ATN s entire fleet is operated through the use of alternative fuels such as propane (LPG), liquefied natural gas (LNG) and compressed natural gas (CNG). ATN does not have in its fleet any diesel or gasoline vehicles. 2. Fueling Franchisee must demonstrate ability to obtain clean fuel resources ART fueling facilities are available at the following locations: 1. ATN -- propane (LPG) 2. OCTA -- liquefied natural gas (LNG) 3. Clean Energy public access station -- compressed natural gas (CNG) 5

7 3. Traffic Mitigation Franchisee shall use a fare structure that encourages use of the transit system. Minor adjustments to the ART s fare structure have been approved by the ATN Board of Directors and became effective on October 1, The new ART fare structure is provided in TABLE 4 -- ART FARE STRUCTURE. The primary reason for the fare adjustment was to ensure that the ATN continues to operate in a sustainable manner without cost increased to the local community. TABLE 4 ART FARE STRUCTURE TIME FRAME Passengers Hospitality Community 05/2008 September 30, 2012 $4.00 all day unlimited use day adult pass $1.00 all day unlimited use day child pass ages 3 to 9 $.48/room/day October 1, Present $5.00 all day unlimited use day adult pass $2.00 all day unlimited use day child pass ages 3 to 9 $.48/room/day 4. Communications - The Franchisee shall provide and install a radio communications system that will allow for timely and efficient dispatching, coordinating, and responding to necessary service calls. Each bus, as well as each administrative vehicle, shall have a receiver/transmitter installed and operational. In addition, hand-held mobile units shall be provided for all supervisors and other personnel, as needed. The ATN continues to operate a two-way communication system. All buses are equipped with two-way, three-channel radios to maintain continuous communications with the dispatch office. In addition, all supervisors are assigned Nextel cell phones and lap top computers, with Wi-Fi capabilities, to track ART performance, report problems and provide dispatch notes for continuum of operation. In addition to the radio system, ATN installed on the entire ART fleet automated vehicle location (AVL) system to accomplish several goals: 1. Maintain visual surveillance of the buses to ensure adequate driver performance; 2. Enhance Text & Go functionality for guest experience; and 3. Deploy electronic information signage Next Bus Arriving At at several high ridership locations C. Vehicle Standards 1. Vehicle appearance Franchisee shall ensure that all vehicles will be decorated with a common theme that matches aesthetic design schemes of The Anaheim Resort. All painted surfaces shall be in good condition. Normal wear and tear to the finish is to be expected, but paint is to be maintained at a high level of finish throughout the franchise period in order to present the best possible image to the public. All painted surfaces shall be free from graffiti and scratches, and there shall be no perceivable difference in gloss or shades of individual 6

8 colors. It shall be the responsibility of the Franchisee to assume all costs associated with painting the vehicles to these standards in regard to fading or discoloration from wear and tear. The vehicle appearance standards and the associated vehicle wrap program fall into two distinct categories: Advertising A. Generic Wrap Program (Generic Route Service) Samples of the generic ART bus wrap program are provided in Attachment D. Buses dedicated to the Generic Route Service shall have a unified look to ease service recognition for the passengers. Currently 22 buses are operating with the generic ART bus wrap. To assist passenger with the way finding functionality, LED bus signs are available on the entire ART fleet of buses to indicate specific ART route(s), destination(s) and service name(s). B. Destination Wrap Program (Specialized Route Service) This program promotes specific routes within the Anaheim Resort District, i.e. Route 17 (Toy Story Service to the theme parks) and point to point routes serving specific destinations such as the Disneyland Resort. In addition, to assist passenger with the way finding functionality, LED bus signs are available on the entire ART fleet of buses to indicate specific ART route(s), destination(s) and service name(s). 2. Maintenance Through a Preventive Maintenance program, the Franchisee shall cause all components of each vehicle including its body, frame, furnishing, mechanical, electric, and hydraulic or other operating systems to be maintained in proper working condition free from damage and malfunction. The Franchisee shall be responsible for keeping a vehicle file by vehicle number, documenting all vehicle maintenance to include Preventive Maintenance, scheduled maintenance and inspections, parts usage, unscheduled maintenance, energy usage, and labor expended on each vehicle. The Franchisee is responsible for keeping the vehicle file current. The Franchisee shall be responsible to ensure that a vehicle defect report is completed daily by the driver on each vehicle prior to daily service. Any significant vehicle damage caused in any accident or otherwise shall require the Franchisee to immediately repair such damage, which is determined to impair safe mechanical operation of the vehicle. ATN is continuing to operate under the maintenance standards as presented in the original franchise renewal application. However, to contain maintenance costs, ATN assumed all bus maintenance responsibilities as of September 17, ATN strongly believes that through the internal maintenance program, the ATN will be able to not only maintain, but improve its maintenance services, as well as continue to contain costs in order to provide cost-effective transportation services to the traveling public. D. Personnel Standards 1. Qualifications All drivers will maintain a current California Class A or Class B commercial driver s license with both air brake and passenger endorsements, and maintain a current Medical Examiner s Certificate (DL 51); will conduct daily pre-trip and post trip vehicle safety inspections; and will complete annual refresher training on safety procedures and ADA procedures. 7

9 E. Operational Standards 1. Dispatch Franchisee shall ensure that dispatch is available during all hours of operation, to ensure safe and efficient service. 2. Communications - The Franchisee shall provide and install a radio communications system that will allow for timely and efficient dispatching, coordinating, and responding to necessary service calls. The system may be of the Franchisee s choice, but must include the necessary performance elements of the system. Each bus, as well as each administrative vehicle, shall have a receiver/transmitter installed and operational. In addition, hand-held mobile units shall be provided for all street supervisors, vehicles with temporarily inoperative radios, Parking Operations Office at the Anaheim Convention Center, and other personnel, as needed. The radio system is to be used for operational purposes only. No advertising shall be permitted on the radio system. Vehicles will not be operated in resort service without a functioning radio in the vehicle. Franchisee shall at all times have operating hand-held radios or other communication devices available for distribution to drivers whose vehicle communication systems are inoperative. If a radio fails while in service, the driver shall notify the dispatcher by landline or through another driver, and a hand-held radio shall be dispatched to the driver without delay. 3. Shared Use of Bus Pull-Out Locations - The Franchisee shall demonstrate understanding of the operational sensitivities of shared use bus pull-out locations and a plan to accommodate the multiple demands on these locations. 4. Record keeping Franchisee shall maintain records, in their original form, in accordance with the franchise requirements and in support of service provision, customer service, safety record, training, staffing, maintenance, and quarterly, monthly, and daily ridership statistical reports. Ridership reports shall include boarding and alightings at each stop. Such records shall be retained for a period of five (5) years after termination of the requested franchise if all other pending matters are closed. Pending matters include, but are not limited to, an audit, litigation, or other action involving the records. 5. Reporting The Franchisee shall submit quarterly reports to the City of Anaheim with all required operating data and system documentation. A copy of the 2011/12 National Transit Database (NTD) report is provided as Attachment F 8

10 6. Financial - The Franchisee shall maintain a system of internal fiscal control in accordance with generally accepted accounting practices. Internal fiscal control comprises the plan of organization and all of the coordinated methods and measures adopted within an organization to safeguard its assets, check the adequacy and the reliability of its accounting data, promote operating efficiency, assure adherence to prescribed management policies, and properly account for project income and expenses. The ATN auditor, Carpenter, Petersen & Associates (CPA) is slated to complete 2011/2012 audit in March Upon review and approval of the ATN Board of Directors, a copy of the audited financial statements will be submitted to the City of Anaheim F. Monitoring Standards 1. Evaluation Franchisee shall conduct an ongoing, thorough program of passenger satisfaction evaluation. The results of this evaluation shall be included in all required franchise reporting. 2. Audits - At any time during normal business hours and as often as the City may deem necessary and after reasonable notice, the Franchisee shall make available to the City for examination, all necessary records with regard to the service provision. The City shall have the authority to audit, examine, and make excerpts or transcripts from records, including all invoices, materials, payrolls, records of personnel, and other statistical data relating to all matters covered by the requested franchise. The ATN auditor, Carpenter, Petersen & Associates (CPA) is slated to complete 2011/2012 audit in March Upon review and approval of the ATN Board of Directors, a copy of the audited financial statements will be submitted to the City of Anaheim G. Safety Standards 1. Farebox Operations Franchisee shall establish fare control access control system for all services conducted under the terms of the requested franchise, for the safety of all passengers and vehicle operators. 2. Insurance - Franchisee must maintain auto insurance coverage levels of at least $25 Million per occurrence for all Resort Passenger Shuttling vehicles, and general liability insurance of at least $10 Million. 3. Operational Safety - The Franchisee shall have in place and at all times abide by a written Safety Program. The Franchisee s Safety Program shall at a minimum comply 9

11 with applicable Federal regulations of the Occupational Health and Safety Administration, and any amendments thereto, as well as any other pertinent Federal, state, and/or local safety or environmental laws, codes, rules or regulations. The Franchisee shall ensure that regular and continuous formal safety instruction for all personnel assigned to perform any activities under the terms of the requested contract is provided and shall require them to attend regularly scheduled safety meetings at least four times per year of more frequently as required above. ATTACHMENTS A. Audited Financial Statements for FY 10/11 B. ATN Board of Directors C. ART Fare Matrix D. ART Bus Wrap Program E. National Transit Database Report FY 11/12 F. National Transit Database Report FY 11/12 EXHIBITS 1. ART SYSTEM MAP 2. Customer Service Monthly Performance Reports 10

12 ATTACHMENT A AUDITED FINANCIAL STATEMENTS FY 10/11 A

13 ATTACHMENT B ATN BOARD OF DIRECTORS B

14 ATTACHMENT C ATN FARE MATRIX C

15 ATTACHMENT D ART BUS WRAP PROGRAM D

16 ATTACHMENT E NATIONAL TRANSIT DATABASE REPORT FY 11/12 E

17 ATTACHMENT F NATIONAL TRANSIT DATABASE REPORT FY 10/11 F

18 EXHIBIT 1 ART SYSTEM MAP G

19 EXHIBIT 2 CUSTOMER SERVICE MONTHLY PERFORMANCE REPORTS H