HomeMy WebLinkAboutItem 6.2 Transit Authority JEPA CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 27, 1984
SUBJECT Transit Authority Joint Exercise of Powers (JEPA)
Agreement and Bylaws
EXHIBITS ATTACHED Memorandum from Peter MacDonald, Pleasanton City
Attorney dated August 13 , 1984 ; Revised Transit
Authority JEPA; July 23 , 1984 Agenda Statement and
Attachments
RECOMMENDATION n Consider issues identified by Councilmember Jeffery,
�c Staff and City Attorney
FINANCIAL STATEMENT: It is anticipated that all transit related costs will
be borne by the Transit Authority
DESCRIPTION At its meeting of . July 23 , 1984 , the City Council
directed the City Attorney to prepare a report for City Council
consideration of the Transit Authority Joint Exercise of Powers Agreement .
As a result of a meeting between the City Attorneys of Dublin, Livermore and
Pleasanton, a revised Transit Authority Joint Exercise of Powers Agreement
was prepared.
Staff has reviewed the revised Joint Exercise of Powers Agreement and offers
the following comments :
1 ) Page A. 2 . Paragraph 2 - What is service area identified as Exhibit A?
2 ) Page A. 3 . Paragraph 5CII - provides that a reduction in service level
exceeding 20% could be approved by a majority of the Board of Directors
without the approval of the member jurisdiction. It only provides for
notice to that member jurisdiction.
Paragraph SCIV - provides that the action would not be final
until 35 days after the action in order to permit member jurisdictions
to receive notice. It would seem more appropriate to give the member
jurisdiction at least 35 days notice prior to taking action as opposed
to after the action has already been taken.
3 ) Page A. 4 . Paragraph 5D - The revised JEPA should define general
cutback in service.
4 ) Paragraph 8B - This paragraph should also provide the option
to reduce a City subsidy for a service such as paratransit if the
existing service level is already adequate.
5 ) Page A. 9 . Paragraph 9G & H - The revised Joint Exercise of Powers
Agreement does not identify a basic service level which was identified
for the City of Dublin in the DKS Consultant Study. Therefore, the
City would, in essence, be buying into this program with no idea of
what service was to be rendered to the City. In addition, there appears
to be a different formula used for calculating the Transportation De-
velopment Act allocation, which is based on population, and the Method
of Calculating the Service Level which is based on bus miles within a
member jurisdiction. This appears to be inconsistent . This section may
also be to the disadvantage of a smaller city with fewer number of
street miles but heavier activity. The revised JEPA does not address
the issues identified by the City Manager and Councilmember Jeffery in
the July 23 , 1984 Agenda Statement as follows :
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COPIES T0:
ITEM NO. � � _
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Item No. 2 - Issue of defining basic level of service
Item No. 4 - Issue regarding claim on all TDA funds
Item No. 7 - Inconsistency of Bylaws with the JEPA
Recommendation
It is Staff ' s recommendation that the City Council discuss the issues
identified in the July 23 , 1984 Agenda Statement and also address the
comments of Staff as they relate to the revised JEPA, and any further
additional comments that the City Council might have with respect to the
Transit Authority Joint Exercise of Powers Agreement and Bylaws . It is
further recommended that the City Council direct the City' s Policy Committee
Member to address the City Council ' s position with the other agencies
presently involved in the Policy Committee.
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MEMORA"1DU-M
To : City Council
From: City Attorney
Date : August 13 , 1984
Subject : Revised Transit Authority JPA
(Study Session, August 20 , 1984 at 7 :00 P .M. )
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The revised Transit Authority JPA incorporating your comments from
August 7 , 1984 is attached. For your convenience, a summary sheet
is attached identifying for each type of action (e. g. amendment of
bylaws) , how that action would be accomplished under the revised
JPA.
The MTC Attorney, Mr. Chin, could not cite any authority which
requires that Alameda County act as treasurer to any Transit
Authority. The state statutes relating to TDA funds had no such
requirement. Unless Mr. Escudero (the planner from MTC) comes
up with explicit authority to the contrary, the Treasurer can
be one of the city treasurers .
Where there was not clear direction from Council (e. g. termination
requirements) , I tried to select a method of accomplishment equal
to other decisions of the same gravity.
I will be at Lake Tahoe before this draft is finally typed so
please forgive minor format and proofing, errors .
See you next Monday.
A �� ��Oid
Peter D. MacDonald
City Attorney
PDM/cjh
cc : Jim Walker
Mike Nave
Emily Wagner
Bob Warnick
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TRANSIT AUTHORITY JPA
SUMMARY OF PERMITTED ACTIONS AND THEIR
METHOD OF ACCOMPLISHMENT
Section
Type of Action How Accomplished Reference
Amend JPA Member Jurisdictions ; 15
Acting Unanimously
Admit New Member Member Jurisdictions ; 16
Acting Unanimously
Appoint or Remove Board of Member Jurisdiction, 4e
Director' s Representative Acting Alone
Obtain Enhanced Service Level Member Jurisdiction, 9f
by Paying from Local General Acting Alone
Fund
Withdrawal From JPA Member Jurisdiction, 14a
Acting Alone
Normal Conduct of Authority Board of Directors , by a 5b
Business (e. g. One-year con- Majority of a 'quorum
tract)
Enter Long-term Contracts Board of Directors , by a 5c
Majority of Total Vote Plus
Notice to Member Jurisdictions
Amend Bylaws Doard of Directors , by a 5c
Majority of Total Vote Plus
Notice to :Member Jurisdictions
Adopt Budget Board of Directors , by a 5c
Majority of Total Vote Plus
Notice of Member Jurisdictions
Reduce Passenger Miles by Board of Directors , by a 5c
20% or More Majority of Total Vote Plus
Notice to '_Member Jurisdictions
Change Bus Routes Board of Directors with 5d
Concurrence of Representative
from Affected Jurisdiction
PDM/cjh
08-13-84
(:Jame) Transit Authority
Joint Exercise of Powers Agreement
Table of Contents
1. Background
a. Need for Public Transportation Services
b. Joint Exercise of Powers
2 . Creation of Transit Authority
3 . Purpose
4. Board of Directors
f:
a. Voting
b . Alternati:s
C. Elected Officials
d. Participation in Decisions Affecting Member Jurisdictions
e . Selection and Removal
5 . Action by Board
a. Quorum
b . Matters Requiring Vote of Majority of a Quorum
c. Matters Requiring Majority of Total Votes Plus ;Member
Jurisdiction Notice
d. Matters Requiring Consent of Representative from
Affected Agency
6 . Notice of Board Actions
a. Agendas
b . Minutes
7 • Bylaws
8 . Powers
a. Enumeration of Powers
b. Other Transportation Services
C. Restriction on Power
i
9 , Financial
a. Fiscal Year
b . Depository
C. Audit
d. Property Custodian
e. Budget
f. Contributions by Member Jurisdictions
g. Formula for TDA Service Levels
h. Method for Calculating Service Levels
10. Debts and Liabilities
11. Insurance and Idemnification
r
12 , Disposition of Money and Property
a. Successor Public Entity
b. Withdrawal of Member Jurisdictions
13 . Term of Agreement
14. Termination
a. Individual Member Withdrawal
b. Complete Dissolution
15 . Amendment
16 . New Members
17 . Successors
18. Servability
NA1,E
TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
This agreement is entered into by and between the County of
Alameda, the City of Dublin, the City of Livermore , and the City
of Pleasanton (hereinafter 'members ," "member jurisdictions ," or
cognate terms) and any additional public agency within the Service
Area meeting the requirements of Section 15 hereof.
1 . Background. This agreement is made with respect to the
following basic facts :
a. Need for Public Transportation Services . Through their
collective efforts , member jurisdictions have determined that the
area (hereinafter "Service Area") generally encompassed by
member jurisdictions and certain unincorporated Portions, of Alameda
County, while within the Bay Area Rapid Transit District , does not
receive adequate, coordinated public transportation services . Member
jurisdictions desire to provide such services as an alternative to
the private automobile , to assist those without private transport-
ation, to assist in meeting environmental goals , to improve .fuel
conservation, and to secure the efficiencies of joint operation
and service that are available through a unified, cooperative
effort .
b. Joint Exercise of Powers . California Government Code
Sections 6500 , et seq. authorize the joint exercise of any power
common to two or more public agencies . Member jurisdictions have
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in common, among others , the powers to contract for and/or
operate public transportation systems . In support of such powers ,
member jurisdictions are further empowered, upon appropriate find-
ings by the Metropolitan Transportation Commission (hereinafter
"MTC") under California Public Utilities Code Sections 99207 (b)
and 99289 , to claim, receive and expend Transportation Develop-
ment Act (hereinafter "TDA") funds . Member jurisdictions desire
to jointly exercise such powers to provide public transportation
within the service area and to claim and utilize all forms of
regionally-allocated, State , Federal , or other grants or revenues ,
including TDA funds , available to member jurisdictions for such
purpose.
2 . Creation of Transit Authority. Upon the effective date
of this agreement , there is hereby created the TRANSIT AUTHORITY
(hereinafter "AUTHORITY") as a separate and distinct public entity
from member jurisdictions , to administer and implement this agreement
and to exercise the common powers provided herein within the Service
Area attached as Exhibit A.
3. Purpose. AUTHORITY is a newly-created entity with powers
unto itself which have been granted by the participants for the pur-
pose of providing public transportation. The common powers provided
in this agreement shall be jointly exercised to provide the service
area with coordinated public transportation services .
4. Board of Directors .
a. Voting. AUTHORITY shall be governed by a Board of Directors .
Each City member jurisdiction shall appoint one (1) regular Director
with two (2) votes to the Board of Directors . The County of Alameda
shall appoint one (1) regular representative with one (1) vote to
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Board of Directors .
b . Alternates . In addition , each member jurisdiction shall
appoint one (1) alternate representative to act in the absence of
regular representative. In the absence of the regular and alternate
representative , any member of the governing body may act as Board
member for that jurisdiction upon designation by the regular
representative.
c. Elected Officials . Representatives shall be elected mem-
bers of the governing boards of the member jurisdictions .
d. Participation in Decisions Affecting '_Member Jurisdictions .
An elected member of the governing body of a member jurisdiction
shall not be prohibited by reason of such office from also particip-
ating as a member of the Board of Directors of AUTHORITY while it
is considering or acting upon a contract , lease , or other trans-
action with such member jurisdiction.
e. Selection and Removal. Representatives shall serve solely
at the pleasure of the appointing member jurisdiction.
5 . Action by Board.
a. Quorum. Representatives holding a majority of the voting
power shall constitute a quorum for the transaction of business .
b. Natters Requiring Vote of ?Majority of a Quorum. Unless
specifically limited by this agreement , the vote of the majority
of a quorum shall be sufficient to act upon any matter.
C. Matters Requiring Majority of Total Votes Plus Member
Jurisdiction Notice. The following actions shall require the
affirmative vote of Representatives holding majority of the
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voting power of the Board of Directors :
i. Adoption or amendment of Bylaws
ii. A reduction in service levels within any member
jurisdiction by more than twenty percent
iii. Adoption of the annual budget .
iv. Any contract for a period longer than one year .
of the actions listed within this subsection shall not take
x�
Any
days to permit member Jurisdictions
effect for thrity-five (35) y e direction to
nro riate , provide
to receive notice and, when aP_ P compliance with the
their appointed Representatives . Good faith P
notice requirements of. Section 6 shall be sufficient notice .
d Matters Re uirin? Consent of Re resentative from bus
ted A enc Any substantial change in regularly scheduled
Affec y
(which is not attributable to a general cutback in service
routes ( require
levels within the service area served by AUTHORITY shall
ative of that member jurisdiction.
the affirmative vote of the Represent
6 . Notice of Board Actions . a �endas for each Board of
a Agendas . A copy of the meeting ag
Directors meeting
shall be mailed to each member of each member
' risdiction governing body at the same time that the agenda is
Ju
mailed to the Board of Directors .
b . Minutes . The minutes of each Board of Directors meeting
�— urisdiction govern-
ing be mailed to each member of each :member J Board of
body in conjunction with their distribution to the
Directors .
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f
7 . Bylaws . To further establish and govern the Board of Directors
procedures , substantive responsibilities and organizational structure
as the Board may adopt Bylaws . Bylaws and any amendments thereto
shall be adopted in accordance with Section 5(c) of this Agreement.
8. Powers .
a. Enumeration of Powers . Subject to the other terms and con-
ditions of this agreement and any restrictions provided in law,
AUTHORITY shall have the power to :
i . Own, develop , operate , maintain, and administer a
public transportation system, or contract with any .person, firm, or
public agency to use , manage , or operate such transportation system
or portions thereof for public transit purposes ;
ii. Contract with any person, firm, or public agency to
provide public transportation facilities and services , or to improve
such facilities and services ; provided that , AUTHORITY may enter into
such a contract for a maximum term of five (5) years .
iii. Apply for , receive , and utilize all forms of financial
assistance for public transportation facilities or services , including,
contributions , grants , allocations , loans , revenues , or other assistance
from MTC , State , Federal , or other sources available for the planning,
acquisition , construction, maintenance , operation, administration, or
other support of such facilities or services; provided that , AUTHORITY,
shall be empowered on behalf of member jurisdictions without further
authorization to directly apply for , receive, and utilize such
financial assistance for which member jurisdictions are eligible ,
including, without limitation , TDA funds .
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(a) In contracting for public transportation services
as authorized by Paragraph 8a(ii) hereof , AUTHORITY is empowered as
part of and in support of such contract and for the term thereof, to
commit itself to apply for , .receive , and expend TDA and other financial
assistance for which AUTHORITY may apply under this Paragraph 8a(iii) .
Member jurisdictions shall be bound by and carry out such commit-
ment of AUTHORITY during the term of such contract , notwithstanding
termination of this agreement , subject to equitable adjustments re-
quired by Paragraph 12 .
(b) Member jurisdictions shall provide such reason-
able assurances and perform such reasonable acts , including execution
of claims and grant applications , as are reasonably necessary to give
effect to this paragraph.
iv.. Hire agents and employees and contract for pro-
fessional or other services ;
v. Enter into contracts ;
vi . Sue and be sued;
vii. Acquire , hold, or dispose of real and personal property ,
including transportation equipment and facilities ;
viii. Incur debts , liabilities and obligations ;
ix. Invest in the City of ( ) treasury monies
not needed for immediate necessities as the Board of Directors deems
advisable; provided that , such investments shall be on the same
terms and conditions as other local entities ' investments in accord-
ance with Government Code Section 53601 ;
X. Delegate within the limitations of Government Code
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Section 6508 all or a portion of its functions to an administrative
entity "for the purpose of program development , policy formulation, or
program implementation;
xi. Adopt a conflict of interest code.
xis_ . Do all other reasonable and necessary actsto fulfill
the purposes of this agreement .
b . Other Transportation Services . AUTHORITY may exercise all or
a portion of the powers set forth in Paragraph 8a to provide trans-
portation services other than transportation for the general public.
Any member agency may provide additional funding for transportation
services other than transportation services to the 7eneral public.
In that event , AUTHORITY will provide enhanced service levels
to that member jurisdiction in proportion to the additional funding
provided.
c. Restriction on Power. The manner of exercising powers granted
AUTHORITY by this agreement shall be subject to the same restrictions
as imposed upon the City of ( ) in its exercise of similar
powers as required by Government Code Section 6509 .
9 . Financial .
a. Fiscal Year. The fiscal year for AUTHORITY shall be from
July 1 to June 30 .
b . Depository. The Treasurer of the City of ( ) is
designated as the depository for AUTHORITY to have custody of all
funds of AUTHORITY from whatever source. As depository , the Treasurer
shall :
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i. Receive and receipt for all money of AUTHORITY and
place it in the treasury to the credit of AUTHORITY;
ii . Be responsible on his/her official bond for the safe-
keeping and disbursement of all money of AUTHORITY so held by the
Treasurer;
iii . nay, when due , out of the money of AUTHORITY so held by
him/her all sums payable on outstanding, bonds and coupons of AUTHORITY;
iv. Pay from AUTHORITY money and other sums due from
AUTHORITY, or any portion thereof, only upon warrants of the public
officer performing the function of Auditor as desixnated by this
agreement ;
V. Verify and report in writing, on the first day of
July, October , January , and April of each year to AUTHORITY and to
member jurisdictions the amount of money held for AUTHORITY, the amount
of receipts since the last report , and the amounts paid out since
the last report.
C. Audit . There shall be strict accountability of all
AUTHORITY funds .
1. Auditor. The Auditor of the City of shall be
the Auditor for AUTHORITY. The Auditor shall :
(a) Report all receipts and disbursements to
AUTHORITY;
(b) ?Make or contract to make an annual audit of
AUTHORITY pursuant to requirements of Government Code Section 6505 .
d. Property Custodian. The Board of Directors shall designate
the person or persons who shall have charge of, handle, and/or have _
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access to any property of AUTHORITY and, pursuant to Government
Code Section 6505 . 1, shall require such person or persons to file
an official bond in an amount to be equal to five hundred thousand
dollars ($500 ,000) .
e. Budget . A procedure for adoption of an annual budget may
be set forth in the Bylaws of AUTHORITY.
f. Contributions by Member Jurisdictions . Any member juris-
diction may provide additional funding for specified transportation
services which the .AUTHORITY is authorized to provide. In that event ,
AUTHORITY will provide enhanced service levels to the contributing
member jurisdiction in proportion to the additional funding provided.
No member jurisdiction shall be required to contribute any money from its
general fund or other locally-controlled funds to AUTHORITY unless first
approved by the governing body of such member jurisdiction.
g. Formula for TDA Service Allocation. The AUTHORITY shall
be the designated claimant within the service area for State Trans-
portation Development Act (TDA) Article 4.0 funds . For purposes of
judging that service is reasonably distributed among member juris-
dictions , the allocation of these TDA funds and related program funds
among member jurisdictions shall generally be in accordance with the
following formula:
Population of Member Jurisdiction
TDA Allocation =
Total TDA funds
Total Service Area Population available .
h. Method for Calculating Service Levels . TDA funds shall be
presumed to have been allocated in proportion to bus miles traveled
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within each member jurisdiction. However, when selecting service
levels , the Board may also consider other , relevant factors such as fare
box revenues received, number of stops , average speed, local geography.
10 . Debts and Liabilities . The debts , liabilities , and obligations
of AUTHORITY shall not be the debts , liabilities , and obligations of
the member jurisdictions , or any of them.
11.- Insurance and Indemnification. (To Come)
12 . Disposition of Money and Property. This paragraph shall apply
to distribution by AUTHORITY of its surplus money or acquired property.
This paragraph shall not affect sale , transfer , or other disnositon of
property or money by AUTHORITY in the ordinary course of its activities
necessary to fulfill the purposes of this agreement .
a. Successor Public Entity. If by law another public entity has
been created or designated to assume responsibility for providing
public transportation services within all or substantially all of
the service area of AUTHORITY, the surplus money and acquired
property of AUTHORITY may be transferred to such public entity upon
its assumption of all (monetary) liabilities of AUTHORITY, and
AUTHORITY shall thereafter terminate .
b . Withdrawal of Member Jurisdictions . Upon withdrawal of one
or more member jurisdictions as provided in Paragraph 14, the
acquired property and surplus money of AUTHORITY shall be distributed '
to the withdrawing jurisdictions in proportion to the aggregate of
that member' s contributions to AUTHORITY and TDA funds claimed by
AUTHORITY of behalf of such member jurisdiction. To facilitate
A-10
such distribution , property may be distributed in kind or reduced
to cash by sale. Any distribution of cash, including surplus
monies , to a member jurisdiction in excess of its actual contrib-
utions to AUTHORITY shall be first approved my MTC. If member
jurisdictions cannot agree upon the valuation of acquired property
or upon their distributive shares , the disagreement shall be referred
to a panel of three referees for decision. One referee shall be
appointed by the members disputing the valuation or disposition.
One referee shall be appointed by the members supporting the
valuation or distribution. One referee shall be appointed by the
two referees first appointed.
13. Term of Agreement . This agreement shall become effective on
October 1 , 1984 and shall remain in full force and effect until
July 1 , 2004 , so long as there are two or more member jurisdictions .
14. Termination. Except as provided in Paragraph 12a (for Successor
Public Entity) , termination of this agreement shall be effected only
as follows :
a. Individual Member Withdrawal . A member jurisdiction may
terminate its participation in this agreement and AUTHORITY at any
time , provided that , such jurisdiction shall give one year prior
written notice of such termination to AUTHORITY and other member
jurisdictions . Notice of termination may be. rescinded upon written
notice to authority any time before the effective date of termination.
If AUTHORITY has , as permitted by Paragraph 8a(ii) , executed a
long-term contract for public transportation services which in-
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eludes a commitment to claim and expend public transportation
financial assistance which a terminated member jurisdiction is
eligible to claim, the terminated member jurisdiction shall be
bound by such commitment . If equitably required, the terminated
member jurisdiction shall not claim, but instead shall assist
AUTHORITY to claim, such financial assistance during the term
of such contract . If possible , AUTHORITY will cooperate to
arrange an equitable division of the obligations and benefits
of said contract , or the termination of said contract. During
the term of such contract , a terminated member jurisdiction
shall continue to provide assurances and perform acts ,as re-
quired by Paragraph 8a(iii) (b) of this agreement. During the term
of such contract , AUTHORITY shall provide a terminated me-mber
jurisdiction public transportation services within the term-
inated member' s area on a fair and equitable basis in proportion
to the financial assistance received by AUTHORITY which is
referrable to such terminated member jurisdiction.
b . Complete Dissolution. Upon termination by all but
one member jurisdiction, the AUTHORITY shall be dissolved; provided
that , if AUTHORITY has , as permitted by Paragraph 8a(ii) , executed
long-term contract for public transportation services which
cannot be canceled or divided and which includes a commitment
to claim and expend financial assistance for the period of such
contract , then AUTHORITY may not be dissolved during the term
of such contract unless reasonable alternate terms can be
negotiated with the other party to the lona-term contract.
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� T
15 . Amendment . This agreement may be amended upon the unanimous
approval of all member jurisdictions .
16 . New Members . Upon the unanimous consent by resolution of
member jurisdictions , any public entity within the Service Area shall
be admitted to AUTHORITY as a voting member jurisdiction at any
time; provided that , new members shall first execute a facsimile
of this Joint Exercise of Powers Agreement and any Bylaws of
AUTHORITY and agree to be bound by their terms and the terms of
any other agreements to which AUTHORITY is party.
17 . Successors . This agreement shall be binding upon and inure
to the benefit of Any successors or assigns of the member juris-
dictions .
18 . Severability. Should any part , term, Dortion, or provision
of this agreement be finally decided to be in conflict with any
law of the United States or of the State of California, or other-
wise be unenforceable or ineffectual , the validity of the remaining
parts , terms , portions , or provisions of this agreement shall be
deemed severable and shall not be affected thereby, provided that ,
such remaining parts , terms , portions , or provisions can be con-
strued in substance to constitute the agreement that the member
jurisdictions intended to enter into in the first instance .
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IN WITNESS WHEREOF, the parties hereto have executed this agreement by their
duly authorized officers and representatives as of the dated indicated.
County of Alameda
BY:
Dated: Chairperson, Board of Supervisors
Approved as to Form:
County Counsel upervisor
Attest: County Clerk
r
By:
City of Dublin
Dated: By:
Mayor
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Approved as to Form:
Attest: City Clerk
City Attorney
City of Livermore
Dated:
By:
Mayor
Approved as to Form:
City Attorney Vice Mayor
Attest: City Clerk
By:
City of Pleasanton
Dated: By:
Mayor
Approved as to Form:
City Attorney CouncilUerson
Attest: City Clerk
By:
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CITY OF ..DUBLIN '
¢.
: AGENDA •STATEMENT _
CITY COUNCIL MEETING, DATE: July. 23 ,` 1984
SUBJECT Transit Authority Joint `Exercise -pf ;.Powers (JEPA).
Agreement & %Bylaws .
EXHIBITS ATTACHED JEPA; 'Bylaws; .Correspondence from -City.,of Livermore ,
dated June 7 , 1984 ; General Manager Job` Description;
Minutes - Policy Committee Meeting of .'June 11, 1984 •,
RECOMMENDATION .Consider issues identified by Councilmem'be•r, Jeffery,
Staff'-and City Attorney
FINANCIAL' ,STATEMENT• ' ' It is anticipated that .'all transit. ,rela_ted -costs ,will
be .borne by .the Transit Authority .
DESCRIPTION. The Pleasanton/Dublin Transit 'StudyPolicy Committee i
has developed a Joint Exercise of Powers Agreement. (JEPA), and -Bylaws' (see
attached) for cons iderat ion _by each agency's Council/Board.- .The :major
features of these documents; along with the recommendations'.,of Councilmember, . ,
Jeffery 'and the City. Manager are identified below: 7
1 . Transit Authority Members
,
a . Dublin
b. Livermore
C . Pleasanton
d . Alameda County
RECOMMENDATION
Consider z '
2 . A basic level of transit service is established for each
participating agency. Neither the JEPA -or ..Bylaws define:.the I
Basic`Level of Service
.RECOMMENDATION i
Add Soction 2 .b Page A-2 (JEPA) . to -read as follows : ' "The-Basic..
Level, of Service (as. defined by. routes'V headways and hours of
oper9tion within an. established •service area) 'shall be- as follows
for/each Transit Authority Member
•1 . ;r City � of Dublin - The Level of .Service recommended. in: the .• .
Pleasanton/Dublin Transit Study Final 'Repo rt February 1984 .
2 . City. of Pleasanton . - .Same as, above.• '
3� Alameda County Same as above.
! '4 . City of Livermore - That level of Rideo service provided by
the City of Livermore during .Fiscal Year 19.84-85 .
3 Transit-;authority Board -of,..:Directors -
a.` _ Each City appoints one ( 1) representative -with.
two ( 2 ) votes .
b . , The County ,appoints one ( 1) representative., with
one 4( 1) • vote: .:: a : ,
C . - Each member .appoints one alternate.'
RECOMMENDATION
Insert word '.elected" be'for`e the word representative'•{JEPA Page
-A-2 Section 4 :a . )
-- -- --- -- --- --- ------- -------- --- -- -- -- -------------
COP.I ES TO 1
ITEM N0. Izi
_
4 . . { The Transit' Authority '.has the power to claim. all ,TDA funds. for
.which its individual members ' are eligible.
RECOMMENDATION
Since there are Transportation Development Act funds :which are. not
transit related, which cities may wish to apply for , .. the . following
language is suggested -in the JEPA Page A-3 Section 5a . ,.(3 ) - " . . . 1
. in*cluding without limitation, TDA funds which are ' available for,
transit purposes only."
5 . Withdrawl from the Authority - If a member jurisdiction withdraws
from the Transit -Authority the JEPA imposes the following
conditions :
a The member jurisdiction shall give one ( 1) year j
prior notice. (JEPA Page A-8 Section 10a. )
b. The member shall not claim financial assistance
for public transportation and must assist'. the
Authority in filing any claims for such assistance
if the Authority, has. executed a long-term contract {
for public. transportation services. This could be r
up to -five - ( 5 ) . years as defined in"-JEPA; Page, A73 ,
Section 5a ( 2 ) .
c. The City would not . receive any of the assets of the.
Authority to which it had contributed, unless, two j
other member jurisdictions also withdrew from the. . t
Authority at which time .the Authority would be
dissolved.
RECOMMENDATION
These provisions -do not provide adequate protection to individual
jurisdictions, therefore consideration should be given to changing -
the number of jurisdictions required to withdraw from the Authority
before dissolution occurs, from three (3) to one ( 1 ) .
6 . The Transit Authority Bylaws provide that the Authority may- make changes
in the BASIC LEVEL OF SERVICE. If those changes exceed 20% of the annual
vehicle miles of the. BASIC LEVEL SERVICE the approval .of:the representative
of each member jurisdiction in which the change wou1d ,occ_ur, .is r,equired. _
RECOMMENDATION {
i
It is not clear who may initate a change exceeding the 20% t I
limitation, therefore it ' s recommended that the language in the 3
Bylaws Page B-14 Section 9 . 02 be modified as follows 1 ) "The ,
Authority or any member jurisdiction may suggest changes in service - j
amounting to more than 20% , of the annual vehicle miles-of the. BLS _
Any such change shall require approval of the representative- of
each member • jurisdiction in which the change would occur'; provided
that the BLS, so changed shall become the new• BLS. '
7 . The Bylaws. Page B-16 Section .11 provides that the, Bylaws with the
exception of Section 3 . 06 and Section 9 . 02, may be amended with .the majority
vote of the Board of Directors .
u - 1
RECOMMENDATION
It is recommended that this section be - removed from the Bylaws and
placed in the JEPA as a new section, ,because, it is 'possible that,
'• 'Section 11 could be amended thereby eliminating the ,amendment .
exception for Sections 3 . 06 and.:9..02 ;
8 . The Policy Committee has recommended that bus stop ,maintenance, _
installation of street ' furniture, etc, , will be , done by local. jurisdiction
Staffs and billed to the Authority. {
RECOMMENDATION
It is recommended that the Authority , establish a per unit cost for
bus . stop maintenance, installation of street furniture, etc: , so I
that member jurisdictions : that. wished to install more . expensive .
street furniture', would have to pay the difference,. r
9 . The Policy committee is recommending the following with respect to' the
staffing of the Authority. '
a .. The Board of Directors shall contract 'for a General Manager . _ j
b. The City of Pleasanton will administer the recruitment of .the
General Manager .
c. The legal services and the internal' audit' will also be
performed under contract.
RECOMMENDATION _
Accept -
t 1
The . City .Attorney met with the City Attorney of the other member
7'urisdicitons , on Wednesday. A number of revisions to the JEPA and Bylaws
. have . been developed. by , t.his group and will be available for discussion. at
the City Council ,meeting. I
Its recommended .that the City Council :
1 ) ' Review the, JEPA, Bylaws and General. Manager Description and. '
address those issues identified above as well as any other issue deemed to
be appropriate.
2 ) Direct .the City' s • policy Committee's Representative to convey
the position of the City Council 't, o .the. Policy Committee.. I
1
Transit Authority Joint Exercise of Powers Agreement
Table of Contents
Page
I. Background. . . . . . . . . . . . ... . .. . . . . .. . . .... ... ... ............ . .. .. . . . . . . A-1
2. Creation of Transit Authority . . . . . . .. . .. .. . . . ... ........ ........ . . .. . . . A-2
3. Purpose . .. . . . A-
4. Board of Directors .. . . . .. . . . . . . . . . . .. .. ... .. . . .. .... ... ... .. ... . .. ... A-2
5. Powers .. . .. . . . . .... . . . . . . . .. . . ... . . .. . ................... . ... . . . A-3
6. Financial .. . . . . . . . . .. . . . . . . . .. . . . .. . . ........ .. ..... . .... ... . ... . .. A-5
7. Debts and Liabilities. . ... . . . . . .. . ..... ... . . .................... . ... . . . A-7
8. Disposition of Money & Property . . . . . ... ......... .. ... . ... . . ... . .. . . . A-7
9. Term of Agreement .. ... . .. . . .. . . . . . . ... . .... . .. . ..... . ........ . . . .. . A-8
10. Termination . . . . . . . . . . . . . .. . . . .. . . . . . .. .. ....... . .... . ......... . .. ... A-8
II. Amendment. . . . .. . . . . . . . . .. . .... .... . ........................ . . .... . . A-9
12. New Members ... . .. . ... . . .. . . . . . .... ...... .. ............. ........... A-9
13. Successors .... . .. ... .. . .. ......... .... ........... ................... A-10
14. Severability . . .. ..:. .... . . ... .... . . .. . . .... ...................... .. ... A-10
I.
f _
SAMPLE
TRANSIT AUTHORITY
JOINT EXERCISE OF POWERS AGREEMENT
This agreement is entered into by and between the County of Alameda, the City of
Dublin, the City of Livermore, and the City of Pleasanton (hereinafter "members,"
"member jurisdictions," or cognate terms).
I. Background. This agreement is made with respect to the following basic
facts:
a. Need for Public Transportation Services. Through their collective
efforts, member jurisdictions have determined that the area (hereinafter "service area")
generally encompassed by city member jurisdictions and certain unincorporated portions
1
` of Alameda County, while within the Bay Area Rapid Transit District, does not receive
I adequate, coordinated public transportation services. Member Jurisdictions desire to
4 provide such services as an alternative to the private automobile, to assist those without
private transportation, to assist in meeting environmental goals, to improve fuel
conservation, and to secure the efficiencies of joint operation and service that are
available through a unified, cooperative effort.
I_ b. Joint Exercise of Powers. California Government Code Sections 6500,
et seq. authorize the joint exercise of any power common to two or more public
t
agencies. Member jurisdictions have in common, among others, the powers to contract
for and/or operate public transportation systems. In support of such powers, member
jurisdictions are further empowered, upon appropriate findings by the Metropolitan
A - I
Transportation Commission (hereinafter "MTC") under California Public Utilities
Code Sections 99207(b) and 99289, to claim, receive and expend Transportation
Development Act (hereinafter "TDA") funds. Member jurisdictions desire to
jointly exercise such powers to provide public transportation within the service
area and to claim and utilize all forms of regionally-allocated, State, Federal ,
or other grants or revenues, including TDA funds, available to member juris-
dictions for such purpose.
2. Creation of Transit Authority. Upon the effective date of this
agreement, there is hereby created the TRANSIT AUTHORITY (hereinafter ("AUTHORITY")
as a public entity separate .and distinct from member jurisdictions, to administer
and implement this agreement and to exercise the common powers provided herein.
3. Purpose. Authority is a newly-created entity with powers unto itself
which have been granted by the participants for the purpose of providing public
transportation. The common powers provided in this agreement shall be jointly
exercised to provide the service area with coordinated public transportation
services.
4. Board of Directors.
a. AUTHORITY shall be governed by a Board of Directors. Each City
member jurisdiction shall appoint one (1 ) regular representative with two (2)
votes to the Board of Directors. The County of' Alameda shall appoint one (1 )
regular representative with one (1 ) vote to the Board of Directors. In addition,
each member jurisdiction shall appoint one (1 ) alternate representative to act
in the absence of the regular representative.
b. To further establish and govern the procedures and substantive
responsibilities of the Board of Directors, AUTHORITY shall adopt Bylaws which
may be amended as provided therein. The Bylaws shall . set forth a BASIC LEVEL
OF SERVICE (as defined by routes, headways, and hours of operation within an
established service area) and shall provide procedures to make changes to the
BASIC LEVEL OF SERVICE.
c. An elected member of the governing body of a member jurisdiction
shall not be prohibited by reason of such office from also participating as a .
member of the
A-2
6-5-84
t
Board of Directors of AUTHORITY while it is considering or acting upon a contract,
lease, or other transaction with such member jurisdiction.
5. Powers.
a. Enumeration of Powers. Subject to the other terms and conditions of
this agreement and any restrictions provided in law, AUTHORITY shall have the power
to:
(1) Own, develop, operate, maintain, and administer a public
transportation system, or contract with any person, firm, or public agency to use,
manage, or operate such transportation system or portions thereof for public transit
purposes;
�. (2) Contract with any person, firm, or public agency to provide public
r transportation facilities and services, or to improve such facilities and services; provided
that, AUTHORITY may enter into such a contract for a maximum term of five (5) years.
(3) Apply for, receive, and utilize all forms of fincncial assistance for
public transportation facilities or services, including contributions, grants, allocations,
Iloans, revenues, or other assistance from MTC, State, Federal, or other sources available
for the planning, acquisition, construction, maintenance, operation, administration, or
�- other support of such
PP facilities lities or services; provided that, AUTHORITY shall be
empowered on behalf of member jurisdictions without further authorization to directly
apply for, receive, and utilize such financial assistance for which member jurisdictions
_ are eligible, including, without limitation, TDA funds.
r (a) In contracting for public transportation services as authorized
by Paragraph 5a(2) hereof, AUTHORITY is empbwered as part of and in support of such
contract and for the term thereof, to commit itself to apply for, receive, and expend
TDA and other financial assistance for which AUTHORITY may apply under this
A - 3
Paragraph 5a(3). Member jurisdictions shall be bound by and carry out-such commitment
j of AUTHORITY during the term of such contract, notwithstanding termination of this
J agreement.
(b) Member jurisdictions shall provide such assurances and
perform such acts, including execution of claims and grant applications, as are
reasonably necessary to give effect to this paragraph.
(4) Hire agents and employees and contract for professional or other
services;
(5) Enter into contracts;
(6) Sue and be sued;
(7) Acquire, hold, or dispose of real and personal property, including
( transportation equipment and facilities;
I (8) Incur debts, liabilities and obligations;
(9) Invest in the County of Alameda treasury monies not needed for
immedaite necessities as the Bocrd of Directors deems advisable; provided that, such
Iinvestments shall be on the some terms and conditions as other local entities'
investments in accordance with Government Code Section 53601 ;
(10) Delegate within the limitations of Government Code Section 6508
( all or a portion of its functions to an advisory body or administrative entity for the
purpose of program development, policy formulation, or program implementation;
I (l 1) Adopt a conflict of interest code, if required by law;
(12) Do all other reasonable and necessary acts to fulfill the purposes
of this agreement.
A - 4
c"
b. Other Transportation . Upon -
the unanimous approval of the
Board of Directors, AUTHORITY may exercise all or a portion of the powers set forth in
Paragraph 5a to provide transportation services other than transportation for the general
public.
IC. Restriction on Power. The manner of exercising powers granted
AUTHORITY by this agreement shall be subject to the some restrictions as imposed upon
Ithe County of Alameda in its exercise of similar powers.
6. Financial.
IC. Fiscal Year. The fiscal year for AUTHORITY shall be from July I to
June 30.
Ib. Deoository. The Treasurer of the County of Almeda is designated as
Ithe depository for AUTHORITY to have custody of all funds of AUTHORITY from
whatever source. As depository, the Treasurer shall:
(1) Receive and receipt for all money of AUTHORITY and place it in
the treasury to the credit of AUTHORITY;
(2) Be responsible on his/her official bond
for the safekeeping and
disbursement of all money of AUTHORITY so held by the Treasurer;
(3) Pay, when due, out of the money of AUTHORITY so held by
1 him/her all sums payable on outstanding bonds and coupons of AUTHORITY;
(4) Pay from AUTHORITY money any other sums due from
AUTHORITY, or any portion thereof, only warrants of
Y on P the public officer performing
i the function of Auditor as designated by this agreement; .
1
A - 5
(5) Verify and report in writing n the first day y of July, October,
January, and April of each year to AUTHORITY and to member jurisdictions the amount
of money held for AUTHORITY, the amount of receipts since the last report, and the
amounts paid out since the last report.
C. Audit. There shall be strict accountability of all AUTHORITY funds.
I. Auditor. The Auditor of the County of Alameda shall be the
Auditor for AUTHORITY. The Auditor shall:
(a) Report all receipts and disbursements to AUTHORITY;
(b) Make or contract to make an annual audit of AUTHORITY
pursuant to requirements of Government Code Section 6505.
d. Prooerty Custodian. The Board of Directors shall designate the person
or persons who shall have charge of, handle, and/or have access to any property of
AUTHORITY and shall require such person or persons to file an official bond in an
amount to be fixed by the Board of Directors.
e. Budget/Contributions by Member Jurisdictions. A procedure for
Iadoption of an annual budget shall be set forth in the Bylaws of AUTHORITY. No
member jurisdiction shall be required to contribute any money from its general fund or
other locally-controlled funds to AUTHORITY unless first approved by the governing
Lbody of such member jurisdiction.
f. Allocation of State of Transportation Development Act (TDA) Funds.
The AUTHORITY shall be the designated claimant within the SERVICE AREA for State
Transportation Development Act (TDA) Article 4.0 funds. For purposes of judging that
- service is reasonably distributed among member jurisdictions, the allocation of these
TDA funds among member jurisdictions shall generally be in accordance with the
following formula: -
A - 6
11.
1 TDA Allocation = Population of Member jurisdiction
X Total TDA funds available
Total Service Area Population
7. Debts and Liabilities. The debts, liabilities, and obligations of AUTHORITY
shall not be the debts, liabilities, and obligations of the member jurisdictions, or any of
them.
8. Disposition of Money and Property. This paragraph shall apply to distribution
by AUTHORITY of its surplus money or acquired property. This paragraph shall not
affect sale, transfer, or other disposition of property or money by AUTHORITY in the
ordinary course of its activities necessary to fulfill the purposes of this agreement.
C. If by law another public entity has been created or designated to assume
responsibility for providing public transportation services within all or substantially all of
the service area of AUTHORITY, the surplus money and acquired property of
AUTHORITY shall be transferred to such public entity upon its assumption of all
liabilities of AUTHORITY, and AUTHORITY shall thereafter terminate.
b. Except as provided in Paragraph 8a, and only if more than one-half of
Ithe member jurisdictions terminate this agreement as provided in Paragraph 10b, the
acquired property and surplus money of AUTHORITY shall be distributed among member
jurisdictions in proportion to the aggregate of each member's contributions to
�- AUTHORITY and TDA funds claimed by AUTHORITY on behalf of such member
jurisdiction. To facilitate such distribution, property may be distributed in kind or
reduced to cash by sale. Any distribution of cash, incuding surplus monies, to a member
jurisdiction in excess of its actual contributions to AUTHORITY shall be first approved
by MTC. If member jurisdictions cannot agree upon the valuation of acquired property or
upon their distributive shares, the disagreement shall be referred to a panel of three
referees for decision. One referee shall be opointed by the members disputing the -
A - 7
f -
i valuation or disposition. One referee shall be appointed b the members Y memsupporting ,he
valuation of distribution. One referee shall be appointed by the two referees first
appointed.
c. Except as provided in this Paragraph 8, terminating member
ijurisdictions shall have no right to distribution of acquired property or surplus money of
AUTHORITY.
9. Term of Agreement. This agreement shall become effective on
and shall remain in full force and effect until terminated by more than
one-half of the member jurisdictions as provided in Paragraph l0b hereof.
10. Termination. Except as provided in Paragraph 8a, termination of this
agreement shall be effected only as follows:
a. Individual Member Jurisdictions. A member jurisdiction may terminate
its participation in this agreement and AUTHORITY effective on the first day of any
fiscal year; provided that, such jurisdiction shall give one year prior written notice of
such termination to AUTHORITY and other member jurisdictions. Notice of termination
may be rescinded upon written notice to authority any time before the effective date of
termination. A member jurisdiction which has terminated shall have no further rights
under this agreement except as provided in Paragraph 8.
If AUTHORITY has, as permitted by Paragraph 5a(2), executed a long-
term contract for public transportation services which includes a commitment to claim
�- and expand public transportation financial assistance which a terminated member
jurisdiction is eligible to claim, the terminated member jurisdiction shall be bound by
f
such commitment. The terminated member jurisdiction shall not claim, but instead shall
assist AUTHORITY to claim, such financial assisttance during the term of such
contract. During the term of such contract, a terminated member jurisdiction shall
A - 8
continue to provide assurances and perform acts as required by Paragraph 5a(3)(b) of this
f agreement. During the term of such contract, AUTHORITY shall negotiate as necessary
with a terminated member jurisdiction to provide public transportation services within
the terminated member's area on a fair and equitable basis in proportion to the financial
assistance received by AUTHORITY which is referrable to such terminated member
jurisdiction.
b. This agreement may be terminated at any time by a majority of the
member jurisdictions voting to dissolve AUTHORITY; provided that, if AUTHORITY has,
as permitted by Paragraph 5a(2), executed a long-term contract for public transportation
services which includes a commitment to claim and expend financial assistance for the
period of such contract, then AUTHORITY may not be dissolved ed during ,he term of such
contract unless the contract otherwise provides.
11. Amendment. This agreement may be amended upon the unanimous approval
of all member jurisdictions.
12. New Members. If any new city is incorporated within the service area
I defined in the Bylaws as part of the BASIC LEVEL OF SERVICE the new
city may,
within the first six months following its incorporation, become a member jurisdiction in
AUTHORITY upon its passing a resolution to join AUTHORITY, and its execution of this
Joint Exercise of Powers Agreement and the Bylaws of AUTHORITY, and its agreement
l to be bound by their terms and the terms of any other agreements to which AUTHORITY
I_ is party. Upon the unanimous consent of member jurisdictions, public entities ma y be
admitted to AUTHORITY as voting member jurisdictions at any time; provided that, new
members shall first execute this Joint Exercise of Powers Agreement and the Bylaws of
AUTHORITY and agree to be bound by their terms and the terms of any other
agreements to which AUTHORITY is party.
i
A - 9
13. Success -
ors. This agreement shall be binding upon and inure to the benefit of
jany successors or assigns of the member jurisdictions.
14. Severability. Should any part, term, portion, or provision of this agreement
be finally decided to be in conflict with any law of the United States or of the State of
California, or otherwise be unenforceable or ineffectual, the validity of the remaining
parts, terms, portions, or provisions of this agreement shall be deemed severable and
shall not be affected thereby, provided that, such remaining parts, terms, portions, or
provisions can be construed in substance to constitute the agreement that the member
fjurisdictions intended to enter into in the first instance.
IN WITNESS WHEREOF the artie
p s hereto have executed this agreement by their
duly authorized officers and representatives as of the.dated indicated.
County of Alameda
Dated: BY:
Chairperson, Board of Supervisors
Approved as to Form:
�-
County Counsel Supervisor
Attest: County Clerk
! By:
I .
City of Dublin
Dated: By: .
Mayor
f
A - 10
Approved as to Form:
Attest: City Clerk
City Attorney
City of Livermore
Dated: By:
Mayor
Approved as to Form:
City Attorney Vice Mayor
Attest: City Clerk
By:
City of Pleasanton
Dated:
6y:
Council lemoer
Approved as to Form:
City Attorney Councilwoman
Attest: City Clerk
By:
I
l
A - II
Kevised b-D-64
TRANSIT AUTHORITY /
PLEASANTON, DUBLIN, LIVERMORE & ALAMEDA COUNTY PROPOSED JEPA & BYLAVIS
TABLE OF CONTENTS
Pcce
I. AUTHORITY, NAME AND PRINCIPAL OFFICES . . .. . . .. . . . . . . . . . . . . . ace
U. PURPOSES AND POWERS. . .. . . . . . . . . . . .. .. .. . .. . . . .. . . . . . . . . . . . . . B-4
III. BOARD OF DIRECTORS . . . .. .. . . . . . . . .... . B-5
3.01 Representation on the Board B-5
3.02 Selection of Representatives/Appointment
andTerm of Office. .. . ... . . . . . . .. . .... .. . .. ... . . . . . . . . . . . . B-5
3.03 Meetings . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . B o
3.04 Compensation . . . . . . . . . . . . . . . . . . .. . . . .. .. .. . . . . . . . . . . . . . . . . B-8
3.05 Organizational Meeting . . . . .. . . . ... .. ... . . . . . . . . . . . . . . . . . . . .. B-8
3.06 Summary of Voting . . . . . . . .. . . . .. .. . . .. . . .. . . . . . . . . . . . . . . . . . B-8
IV. OFFICERS. . . . . . . . . . . . . . . . . .. . ... . . . . .... ... ..... .. . . . . .. . . . .. . . . B-9
4.01 Designation of Officers .. . . . . . . ... . ... .. B-9
4.02 Duties . . . . . . ... .. . . . . . . . . . . . . . . . . .... . . . .. .. . . . . . . . . . . . . . .
4.03 Term of Office . , 8_0
4.04 Nomination and Election of Officers . . . .. . . . B-a
4.05 Vacancy in Office . . . . . . .. . . . . . . . . . . ... . .. . . . . .. . . . . . . . . . . .. B-10
f4.06 Chair Pro Tem . . . . . . . . . . . . . . . . . .. .. .. . .. .. .. . . . . . . . .. . . . . . . B-10
V. COMMITTEES . . . . . B-10
y 5.01 Standing and Special Committees. . .. . .. .. . . . .. . . . . . . . . . . . . . . . B-10
5.02 Membership, Term, etc. . . . . . . . . . . . . .. . . . ... B-10
5.03 Procedures . . . .. . . . . . . . . .. . .. . ... . . ..... ... . ... . .. . . . . .. . . . B-10
VI. STAFF . .. . ... . . . .. . .. .. . .. .... . . . . ... .. ... .. . . . .. . . . .. . . . . . . . B-II
6.01 Executive Director ... . . . . . . . . . . .. .. ............ . B-11
6.02 Staff . . . . . . . .. . . .. ... B-11
6.03 Legal Services . . . . .. .. . .. . . .. .. .... .... . ..... ... .. .. . . . . . . . B-11
6.04 Auditor/Treasurer . ...... .. . . .. . .... ............ . . .. . . . ... .. B-11
I .
I_
1 .
B - 2
VII. BUDGETARY PROCESS
7.01 Fiscal Year.. .. . . . . . . . . . . . . ............ .. .... .. .. ... . .. . . B-11
7.02 Budget. . . . . .. . . . . . . . . . . . . . . .. .... .... ...... .. . . B-12
7.03 Funding. . .. . . . . . . . . . . . . . . . . .. ............ .... .. . .. . . . .. . B-12
VIII. COMPLIANCE WITH FEDERAL AND OTHER STANDARDS..... ... ... . . . . .. .. B-13
IX. SERVICES. . .. . . .. .. . .. . . . . . . . . . . . . .. ..... .. ............ . . . .. .. . B-13
9.01 Definition of the BASIC�LEVEL�OF�SERVICE... .... B-13
9.02 Changes to BLS. . . . . . . . . . . ....................... .. . . . . .. B-14
9.03 'Minor Changes to Services.... ................ B-14
9.04 Planning Studies.. . . . . .. . .................. . B-15
9.05 Cooperation. . . . . . . . .. . . . . .. .... ... ............ .. .. . . ... . B-15
X. TERMINATION. ... ... .. . . .. . .. . . . ... ....... .... ......... . .. . . .. . . B-16
XI. AMENDMENT.. ... .. . . . .. . . . ... . . . . . . ................ .. .. . . . . .. .. . B-16
. . . . . . . .
XII. NEW MEMBERS.. .. . . . . .. . .. . . . . . . . . . . ...... ........ . . .. . . . . . . .. . . B-16
12.01 Statement of Intent. . . . . .............. . . B-16
12.02 New Members. . .. . .. . . . .. . .. .......... .... ... . .. . . . . . .. . . B-17
XIII. SEVERABILITY... .. . . . . . . .. . . ... . .. . . ............. . ... . . . . . . . . ... . B-17
XIV. SUCCESSORS. .. . . . .. . . . . . . . . . . . . . . . .. ..... . .... . ... . . .. . . . . . . . . . B-17
B-3
6-5-84
f
BYLAWS
of the
TRANSIT AUTHORITY
1. AUTHORITY, NAME AND PRINCIPAL OFFICES
The City of Dublin, the City of Pleasanton, the City of Livermore, and the County
of Alameda (hereinafter members," "member jurisdictions," or cognate terms), have
formed a joint powers agency, the Transit Authority (hereinafter "AUTHORITY"), under
the California Joint Exercise of Powers Act, Government Code Sections 6500, et sea.
The principal offices of AUTHORITY shall be located at
California, or at such other locations as AUTHORITY shall from time to time designate.
II. PURPOSES AND POWERS
The general purpose of AUTHORITY shall be to provide, either directly or through
1
�- contract, public transportation services within certain areas of the member
f jurisdictions. The purposes and powers of AUTHORITY are more fully set forth in the
1 _
Joint Exercise of Powers Agreement (hereinafter "JEPA").
I.
B - 4
III. BOARD OF DIRECTORS
The JEPA provides that AUTHORITY shall be governed by a Board of Directors.
3.01 Representation of the Board. Each City member jurisdiction shall
appoint one (1 ) regular representative with two (2) votes to the Board of
Directors. The County of Alameda shall appoint one (1 ) regular representative
with one (1 ) vote to the Board of Directors. In addition, each member juris-
diction shall appoint one (1 ) alternate representative to act in the absence of
the regular representative.
3.02 Selection of Representatives/Appointment and Term of Office. Each
ILL �Jd
Director shall appoint to a two-year term of office by the governing body of
the member jurisdiction which he/she represents. Directors shall be elected
members of the governing boards of the member jurisdictions. If, during his/her
term of office a Director resigns, dies , is replaced by the appointment member
jurisdiction, the appointing member jurisdiction shall appoint a ne;•r Director
to serve the unexpired balance of such term of office. Directors' terms of
office shall be staggered so that one-half of the terms expire each year. The
initial Directors appointed from the City of Pleasanton and the City of Livermore
shall serve as Directors for terms expiring on the first day of May of 1986.
The initial Director appointed from the City of Dublin, and the County of
Alameda shall serve as Directors for terms expiring on the first day of May
of 1987. After initial appointments, Directors ' terms shall expire biennially
two years from the expiration of the preceding term on the first day of May.
There shall be no limit on the number of terms a Director
B-5
6-5-84
may serve. A Director, otherwise qualified, shall continue to serve until
reappointed or until his/her successor is appointed. This section shall also
apply to alternates.
3.03 Meetings. (Tentative meeting schedule: third Wednesdays, 7:30 p.m.
in a public place within the Agency's jurisdiction. )
A. Time. The Board of Directors shall have regular monthly meetings
on the day of each month at and at such other dates and
times as the Board of Directors shall from time to time designate; provided
that, regular meetings shall be scheduled sufficiently in advance to permit
compliance with section 3.03C of the Bylaws. If a meeting will fall upon a
holiday, or the day before or after a holidav, the Board of Directors shall , if
possible, at its P . �' a regular meetina, reschedule the meetina to a
convenient date and time.
B. Place. Regular Board meetings shall take place at such locations
which are convenient to transit dependents and accessible to the elderly and
handicapped as the Board of Directors shall from time to time designate.
C. Notice. Notice of regular meetings shall comply with the require-
ments of the Ralph M. Brown Act, Government Code Section 54950, et seq.
D. ' ' Special Meetinqs. Special meetings of the Board of Directors
may be called at any time by the Chair or Vice-Chair of the Board or by three
(3) Directors requesting such meeting in writing. Seven (7) days written
notice of a special meeting shall be given to all Directors and to such other
persons who requested in writing receipt of such notices. The notice shall
state the time and place of the meeting, and the
B-6
6-5-84
.f,
business to be transacted; provided that, in the event of an emergency meeting, only the
minimum notice requirements of the Ralph M. Brown Act must be met. Business
transacted at a special meeting of the Board of Directors shall be limited to the items
set forth in the notice of such meeting.
: E. Rules of Order. The Board of Directors may adopt rules of order
Y a p to
govern the conduct and procedure of Director's meetings.
F. Ooen Meetinas. Meetings of the Board of Directors shall be open to the
public as required by the provisions of the Ralph M. Brown Act and applicable case law.
G. Agenda. The cgenda for each meeting shall contain at least the
following: call to order; approval of minutes; general managers report; old business; new
business; public comment; and, adjournment.
H. Minutes. The Board of Directors shall keep or cause to be kept written
minutes of its proceedings, except executive sessions.
I. Quorum. A quorum of the Board of Directors shall be a majority of the
member jurisdictions, and no action of the Board shall be passed but upon the affirmative
vote of a majority of member jurisdictions.
f
t. J. Votina. Voting shall be by voice; provided that, the Chair or a Director
may request that a roll call vote be taken.
B - 7
3.04 Compensation. Directors of AUTHORITY shall be compensated for as
the Board of Directors shall from time to time approve.
3.05 Organizational Meeting. Within one month after the effective date
of the JEPA, member jurisdictions shall appoint their initial Directors who
shall convene an organization meeting.
3.06 Summary of Votinq.
A. A consenting vote of all member jurisdictions is required for:
(1 ) Amendments of JEPA
(2) Admission of new jurisdictions to JEPA
B. Changes in service amounting to more than 20% of annual
vehicle miles of the Basic Level of Service shall require approval of the repre-
sentative of each member jurisdiction in which the change would occur.
C. A simple majority of the Board of Directors is needed for all
other voting conditions.
B-8
6-5-84
` IV. OFFICERS
4.01 Designation of Officers. The AUTHORITY shall have two (2) officers, a
Chair and a Vice-Chair
, to be elected from among members of the Board of Directors.
4.02 Duties. The Chair shall preside at all meetings of the Board
9 of Directors and
shall decide matters of order subject to appear to the Board of Directors. The Chair, or
the Chair's designee, shall represent the Board in official matters, shall take such actions
as designated by Board policy in an emergency until an emergency meeting of the Board
of Directors can be convened; provided that, such meeting shall be called as
expeditiously as practicable.
Subject to approval of the Board of Directors, the Chair shall appoint the
members and Chairs of committees created from time to time by the Board of Directors.
The Vice-Chair shall perform the duties of the Chair in the absence of the
Chair.
4.03 Term of Office. The Chair and Vice-Chair shall serve one-year terms of
office commencing on September I of each year. There shall be no limit on the number
of terms that a Director may serve as Chair or Vice-Chair.
4.04 Nomination and Election of Officers. Nomination and election of officers
s
shall be carried out in such manner and schedule as determined by the Board of
Directors.
i
B - 9
f �
4.05 Vacancy in Office. A vacancy in the office of the Chair shall be filled by the
IVice-Chair. A vacancy in the office of the Vice-Chair shall be filled as follows: the
Chair shall appoint a nominating committee at the first meeting after the vacancy
occurs; at the next subsequent meeting, the nominating committee shall make its report
and, after receiving any further nominations, the Board shall elect a new Vice-Chair.
4.06 Chair Pro Tem. In the absence of the Choir and Vice-Chair the Board of
Directors shall appoint a Chair Pro Tem to fulfill the duties of the Chair.
1
V. COMMITTEES
5.011 Standing and Soecial Committees. The Board of Directors shall estcblish
standing and special committees as necessary.
5.02 Membershio, Term, etc. The composition, term, and charge of committees
mit,ees
shall be determined by the Board of Directors. The Chair shall appoint the members and
the Chair of committees subject to Board approval.
l_
5.03 Procedures. Committees shall be governed by the procedures set forth in
Section 3.03B-G, I and J of these Bylaws; provided that, the provisions of the Ralph p M.
Brown Act shall apply only if a committee consists of a majority of the Board of .
Directors.
B - 10
VI. STAFF
6.01 General Manager. The Board of Directors shall appoint or contract
for a general manager who shall serve at the pleasure of the Board. The general
manager shall have charge of the affairs of the Board of Directors and shall
implement and carry out its policies. The general manager, or his/her designee,
shall serve as clerk to the Board of Directors and shall be responsible to keep
its minutes, resolutions, and official papers.
6.02 Staff. The Board of Directors may appoint staff or make such other
arrangements as it deems advisable to meet AUTHORITY's administrative requirements.
6.03 Legal Services. The Board of Directors may, in its discretion,
appoint a Legal Counsel or make other provision for legal services.
6.04 Auditor/Treasurer. The JEPA provides for appointment of the Auditor
and Treasurer of Alameda County to act as the Auditor and Treasurer, respectively,
for AUTHORITY.
VII. BUDGETARY PROCESS
7.01 Fiscal Year. The JEPA provides that the fiscal year for AUTHORITY
shall be from July 1 to June 30.
B-11
6-5-34
(3) such other factors as the Board of Directors- determines to be
relevant.
No member jurisdiction shall be required to contribute from its general fund or
other locally controlled funds to support AUTHORITY, except upon the approval of such
member jurisdiction's governing body. If a member jurisdiction fails to contribute as
requested, AUTHORITY may equitably reduce the public transportation services P rovided
in such jurisdiction as necessary to compensate for the budgetary shortfall occasioned by
such failure to contribute; provided that, the reduction shall be made on the basis of the
factors set forth above and in no case shall there be a reduction in the BASIC LEVEL OF
SERVICE except as set forth in Article IX of these Bylaws.
1
VIII. COMPLIANCE WITH FEDERAL AND OTHER STANDAr.DS
1
In the preparation of its financial documents and records, including its budget, and
Iin the development and operation of its public transportation system, AUTHORITY shall
comply with all applicabl'e requirements of the Metropolitan Transportation Commission,
L the California Transportation Development Act, the Federal Highway Act, as amended,
the Urban Mass Transportation Act, as amended, and any other application acts or
statutes or rules or regulations adopted thereunder, or amendments thereto.
I
IX. SERVICES
9.01 Definition of the BASIC LEVEL OF SERVICE. AUTHORITY shall provide a
BASIC LEVEL OF SERVICE (hereinafter 'BLS") to member jurisdictions. ' The BLS shall
B - 13
consist of certain routes , headways, and hours of operation within an established
service area. Changes in the BLS shall be the responsibility of AUTHORITY.
(Route maps, printed schedule, and timetable of service at time of start-up to
be attached. )
9.02 Changes to BLS. Changes in service amounting to more than 20°0 of
annual vehicle miles of the BLS shall require approval of the representative of
each member jurisdiction in which the change would occur; provided that the BLS
so changed shall become the new BLS. Temporary major adjustments to the BLS,
including reductions, may be made by AUTHORITY to respond to emergencies either
upon the approval by the Board of Directors or, if the need for timely action
warrants an immediate decision, upon the decision of the General Manager;
provided that, the General Manager shall have such emergency power only until
an emergency meeting of the Board of Directors is convened which shall be as
soon as practicable.
In the event that AUTHORITY lacks sufficient funds to provide the BLS,
the Board of Directors may temporarily reduce the BLS to alleviate budgetary
shortfalls.
9.03 Minor Changes to Services.
A. Minor changes to the public transportation services provided
by AUTHORITY may be suggested by any member jurisdiction or by AUTHORITY staff
and shall be implemented only after approval by the Board of Directors as pro-
vided in this Section 9.04.
B. Approval .
(1 ) Minor changes to the public transportation services pro-
vided by AUTHORITY may be made upon the approval of the Board of Directors.
B-14
The Board may delegate all or a portion of its authority to- make such changes to
the General Manager.
C. Definition. "Minor changes" shall mean small changes to the
public transportation services provided by AUTHORITY which would affect routes,
headways, hours of operation, or operational procedures or methods within such
routes, headways, or hours of operation (e.g., location of bus stop).
9.04 Planning Studies. AUTHORITY shall , as determined by the Board of
Directors, plan for public transportation services and coordinate such planning
among contract operators, member jurisdictions, and regional agencies. AUTHORITY
staff may provide assistance to member jurisdictions in developing local plans
and plan amendments.
9.05 Cooperation. Members of the AUTHORITY agree that they will not
individually apply, outside the AUTHORITY, for local , state or federal funds
that are available to the AUTHORITY for public transportation services, or
operate any other transit service within the service area of the Authority
without the agreement of the Board of Directors.
B-15
6-5-84
X. TERMINATION
Member jurisdictions may terminate their participation in AUTHORITY only
as provided in the JEPA.
XI. AMENDMENT
With the exceptions of Section 3.06 and Section 9.02, these Bylaws may
be amended upon the majority vote of the Board of Directors.
XII. NEW MEMBERS
12.01 Statement of Intent. Alameda County is an area in which institu-
tional arrangements and transportation needs may change. Member jurisdictions
state their intent to welcome participation in AUTHORITY by new jurisdictions.
Member jurisdictions recognize that equitable adjustment to the BLS and other
services provided by AUTHORITY may have to be made to accommodate changed
circumstances and needs„ new membership, and/or institutional changes (e.g. ,
annexation).
B-16
6-5-84
12.02 New Members. Public entities may be admitted to membership in
AUTHORITY as provided in the JEPA. Upon admittance, a new jurisdiction shall be a
'
member jurisdiction".
XIII. SEVERABILITY
Should any part, term, portion, or provision of these Bylaws be finally decided to be in
conflict with any law of the United States or of the State of California, or otherwise be
unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or
provisions of these Bylaws shall be deemed severable and shall not be affected thereby.
IXIV. SUCCESSORS
IThese Bylaws shall be binding upon and inure to the benefit of any successors or assigns
I of the member jurisdictions.
1 .
I
I .
B - 17
6-5-84
7.02 Budget. For each fiscal ear,
y the Board of Directors shall adopt a
Icomprehensive budget for AUTHORITY which shall be consistent with funding
availability, including anticipated revenues from operations, available financial
Iassistance, and contributions to be received from member jurisdictions. AUTHORITY
may contract with member jurisdictions to aid and assist it in planning, the
1 administration, review, and monitoring f
g operators' contracts, and such other functions
as it deems necessary and appropriate, in which case the budget shall also include funds
I.
for member jurisdictions to carry out such functions.
I
7.03 Funding
A. Financial Assistance. The JEPA rovide
p s that AUTHORITY may
directly claim on behalf of member jurisdictions such regionally-administered, State,
Federal, or other financial assistance as is available to member jurisdictions for public
transportation services. Such financial assistance shall be actively sought; and, member
jurisdictions shall provide such assurances and perform such acts as necessary to assist
such claims by AUTHORITY.
B. Contributions from Member Jurisdictions. AUTHORITY may request
I that member jurisdictions contribute to AUTHORITY from their general funds, or other
flocally controlled funds, as shall be necessary to support AUTHORITY's budget. The
amount requested from member jurisdictions shall be equitably pro=rated among them on
the basis of:
l (1) the costs (direct and indirect) associated with providing service in .
each jurisdiction;
(2) the special costs, whether capital, operating, direct, or indirect,
associated with providing any increased services requested by a member jurisdiction; and,
i
B - 12
e 1 !
CITY OF LIVERMORE
DATE: June 7, 1984
TO: Policy Committee, Pleasanton/Dublin/Livermore/Alameda County Transit
FROM: Barbara Shaw
SUBJECT: Discussion Documents for 5/11/84 Agenda
In response to my request, and in consultation with me and 'with representatives of
other small transit systems , Mr. Al Wolf has provided the attached discussion papers.
Mr. Wolf has over 30 years of transportation experience in the planning and
operation of urban transit systems. He has been a transportation consultant since
1976, and has participated in performance audits of several small transit systems
in the Bay Area in the past few years, including Livermore's RIDEO. The City of
Livermore found that audit to be both thorough and constructive, and we have
continue to rely on Mr. Wolf's expertise and interest.
Prior to 1976, Mr. Wolf spent eleven years with BART. As Director of Transportation
at BART he had a major role in the establishment of operating procedures and
recruitment and training of employees for the start-up of revenue service. He was
manager of central control , scheduling, passenger stations and train operations.
I think that you will find Mr. Wolf's remarks useful . If the Comittee would like
to have Mr. Wolf attend a meeting to participate in the discussion and to answer
questions, he is quite willing to do so. If may also be possible to arrange
visits by other local managers of transit systems similar to that proposed for
the Valley.
/J
1 I
WOLF & ASSOCIATES
CONSULTANTS IN MASS TRANSIT
3213 SHARON COURT
LAFAYETTE, CA. 94549
(415) 283-6501
June. 6, 1984
Ms . Barbara Shaw
Transit Coordinator
City of Livermore
1052 'South Livermore Avenue
Livermore , CA -- 94550
Dear Barbara:
I have written my thoughts about some options for
management of the JEPA Transit Authority. There are,
of course , many other options , such as complete
in-house management and operations , or a combination
management/service contract . However, I think it
important at this stage for the Authority to retain
flexibility for the future .
Sincerely,
J
A. E. Wolf
AEW/arw
TRANSIT MANAGEMENT FIRMS
Transit management firms usually provide a resident
general manager , plus a limited number of top managers as
necessary for the size of property served. Larger firms
have a central staff group who are experts in various tech
nical areas and are available for support on an as-needed
basis .
The general manager reports directly to the board of
directors and has exclusive managerial control over day-to-
day activities of the client. All employees in second or
third levels of management, or in operating jobs , are employees
of the client in most cases .
The transit management firm concept offers a board a
practical way to provide transit services with a limited com-
mitment of time and oversight. However, the board should talk
precautions to assure that 'the contract doesn ' t take prerogatives
out of the control of local governing authorities .
SERVICE CONTRACTOR
When an operations service contract is properly executed,
it provides a practical and viable method for the efficient
use of public transit resources . It is an effective means of
providing responsive transportation services for an area ' s
citizens . -
-1 -
A service contractor would be actively monitored by an
administrator appointed by the Board of Directors . The ad-
ministrator would serve at the discretion of the Board, and
for an indeterminate time . The Authority can retain for it-
self those things which it may do better and assign all other
tasks to the contractor .
The Authority may want to
. Retain a general manager,
. Assemble a staff,
Select and hire a service contractor,
Arrange for financial planning and accounting,
Contract for legal services ,
Find and acquire buses ,
Locate an operating facility,
Coordinate with local jurisdictions for fire , police
and other support , and
Provide other services .
The service contractor may be hired to
• Recruit, select, hire , train, assign, and manage
drivers , mechanics , dispatchers , supervisors , and
other operating personnel under his employment ,
• Help plan for rational service adjustments and
increases ,
• Provide public information and help promote service ,
-2-
r r
Provide scheduling assistance ,
Perform consulting services ,
Provide other support services .
INHOUSE MANAGEMENT/TRANSIT MANAGEMENT FIRM
The Authority could hire a general manager with a minimal
staff and in addition, a transit management firm. This method
was adopted by Central Contra Costa Transit Authority (CCCTA)
in 1980, shortly after it was formed. The intended role for
the CCCTA executive director was to monitor contracts , evaluate
service requirements , perform administrative tasks , and act as
a liaison person to the board of directors and the public .
The management firm was to provide hands-on management and op-
erations services under direction of a general manager who re-
ported to the executive director.
Within a year, the CCCTA board of directors began having
doubts about the organizational setup, a concern that itmightu
be top-heavy and duplicative . In July 1982, they.. reorganized
the staff and eliminated the position of executive director.
The board was bound by contract to keep the management firs
until 1984•
This case history illustrates the problem of having two
chief administrators which is inherent in an inhouse management/
transit management firm arrangement.
RECOMMENDATION
That the Authority initiate operations with a staff
chief administrator and a service contractor .
My reasons for making this recommendation are as follows :
1 . Complete control of the Authority will be in the hands
of the Board of Directors .
2. The general manager will be a Board employee who will
provide continuity to management .
3 . The Authority will have to perform some start-up tasks
regardless of the type of management.
4. It will be easier to terminate a service contract than
a management contract if early experience indicates that a
change is necessary. (When_ a management contract is terminate~ ,
board members have to become temporary managers during an interim
period. )
5 . If the Authority starts with a transit management firm
and has to hire operating employees , its future options are
limited . It will not be feasible to discharge the employees and
enter into a service contract .
AEW/arw
6-6-84
-4-
I
TRANSIT MANAGER/STAFF
General Manager
The Board of Directors shall appoint or contract for a General Manager
who shall serve at the pleasure of the Board. The General Manager shall
have charge of the affairs of the Board of Directors and shall implement and
carry out its policies. The General Manager, or his/her designee, shall serve
as clerk to the Board of Directors and shall be responsible to keep its
minutes, resolutions, and official papers.
Staff
The Board of Directors may appoint staff or make such other arrangements
as it deems advisable to meet Authority's administrative requirements.
6-7-84
JOB DESCRIPTION
Job Title: General Manager
Job Summary:
Under general supervision of the Board of Directors, the General Manager is
responsible for planning, coordinating and monitoring the Authority's� tra �n�-
portation systems. The General Manager provides liaison with CityAdepartments,
political bodies, service contractors, and the public; reviews operating data;
prepares reports and makes recommendations for service improvements; prepares
budgets and grant applications; and monitors financial controls.
Typical Duties:
1 . Assist in policy development, planning and supervision of the Authority's
transportation systems , and related transit matters.
2. Represent the Authority to boards, commissions, outside agencies and the
public.
3. Visit personally, or contact by phone, representatives of large business
firms, schools, and recreational facilities to keep informed of fluctuations
in demand for services.
4. Monitor performance of transit operating contractor to assure provision of
safe, reliable service for the public.
5. Observe cleanliness and physical condition of Authority's transit vehicles
and note any discrepancies that may adversely affect rider appeal , reliability
or capital investments.
6. Observe performance of operating personnel and their adherence to schedules,
operating procedures, safety rules and regulations.
7. Observe other factors affecting operations and submit recommendations to
improve or alleviate conditions, such as parking restrictions , changes in
signal light cycles, and re-route alternatives.
b-1-64
General Manager � ' -2-
8. Collect and analyze data relating to routes, schedules, ridership and costs,
and prepare necessary records and reports.
9. Develop annual budgets and prepare grant applications.
10. Prepare claims for payments drawn on transit funds.
11 . Arrange location, -installation, maintenance, repair and replacement of
street furniture.
12. Coordinate with maintenance personnel for periodic spot inspections of
Contractor's maintenance.
13. Maintain transit files.
Minimum Oualifications:
Education: Bachelor's degree in Transportation, Public Administration, Business
Administration, Planning, Political Science or a related field, and completion of
statistical courses. An equivalent amount of appropriate experience may be sub-
stituted for the educational requirement.
Prior Work Experience: At least two years related work experience, preferably in
public transportation or public administration.
Skills:
1 . Familiarity with modern transit planning and operations techniques.
2. Ability to establish and maintain good working relationships with co-workers,
contractor personnel , and the general public.
3. Good administrative ability with facility of oral and written communication.
4. Ability to analyze statistical data , detect irregularities or trends, and
draw conclusions.
Reponsibilities:
The General Manager will be responsible for close supervision of the service
contractor's performance and for detection of actions or trends which could
r
General Manager -3-
Responsibilities: (Continued)
result in problems if not promptly addressed. He/she shall see that the Board
of Directors is informed of the status of transit operations through timely oral
and written reports and shall initiate recommendations for more efficient or
effective service. He/she shall collect and analyze data, prepare necessary
reports, assist in budget development and control , and arrange for location,
installation and maintenance of street furniture.
Job Knowledge: Know principles of organization and administration; understand
basic managerial functions; be able to write effectively and to perform simple
arithmetic; know how to organize information and to write or edit reports and
correspondence; possess communication skills; have a general knowledge of the
operation of suburban fixed-route transportation services.
Additional Information: Possession of a valid California drivers' license is
required. Employee must be able physically to visit field installations and to
ride buses to monitor service.
1 T 7
MINUTES
POLICY COMMITTEE MEETING - JUNE 11, 1984
Pleasanton/Dublin Transit Study
Present: Councilmembers Mohr, Jeffery, Wieskamp
AGENDA ITEMS
1. JEPA and Bylaws:
6/5/84 version approved with two changes:
3.04. Compensation. Directors of AUTHORITY shall be compensated for as
the Board of Directors sAa+T free t4fe to t}Rae approves. (page B-8)
6.01 . General Manager. The Board of Directors shall appe�et eF contract
for a general manager who shall serve at the pleasure of the Board. The
general manager shall have charge of the affairs of the Board of Directors and
shall implement and carry out its policies. The general manager, or his/her
designee, shall serve as clerk to the Board of Directors and shall be
responsible to keep its minutes, resolutions, and official papers. (page B-11)
City Councils and the Board of Supervisors will be informed of this action by
Policy Committee members; documents will be forwarded to legal staffs for
review. Council members asked that target dates of July 23 and 24 be set for
review and action by Councils and the Board of Supervisors.
2. General Manager Job Description:
The General Manager will be an independent contractor to the AUTHORITY. Other
staff members will be employees of one of the member jurisdictions (to be
determined) for purposes of payroll taxes, benefit packages, etc.
Add to Job Description, Typical Duties:
14. "1arket transit program.
15. Select, hire, and supervise staff as required.
The City of Pleasanton will administer the recruitment of the General Manager.
Legal counsel will be by contract.
Internal audit will be by contract.
Bus stop maintenance, installation of street furniture, etc. , will be done
by local jurisdiction staffs, billed to JEPA.
-2-
3. Vehicle leasing: Requests for information have been sent to nine leasing
companies. '
Other items:
Publicity: Emilio Escudero will recommend appropriate publications (trade
journals, etc.) for a news release on the proposed transit authority and
the position of General Manager to be filled. Barbara Shaw will prepare
the release, in consultation with the members of the Policy Committee.
Next meeting: to be scheduled.