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HomeMy WebLinkAbout7.1 Transit Authority JEPA 1 1 CITY OF DUBLIN AGENDA STATEMENT I CITY COUNCIL MEETING DATE : February 25 , 1985 SUBJECT Transit Authority Joint Exercise of Powers Agreement EXHIBITS ATTACHED Summary Report ; Draft Agreement ; Transit Route Alternatives ; /Summary of Service Characteristics and Resource Requirements ; -/Alameda County TDA Apportionments Proposed 1985-86 RECOMMENDATION 1 ) Consider adoption of JEPA 2 ) Consider transit service alternatives FINANCIAL STATEMENT: All costs for transit services will be borne by the newly formed transit authority DESCRIPTION For the last year, the City has been participating with the Cities of Pleasanton and Livermore ; and Alameda County in the development of a Joint Exercise of Powers Agreement that would facilitate the provision of local bus service to each respective entity. The Policy Committee has developed a final draft Transit Authority Joint Exercise of Powers Agreement for City Council review. This Joint Exercise of Powers Agreement has been reviewed by the City Attorney. The basic features of the Joint Exercise of Powers Agreement (JEPA) are as follows : 1 ) The membership of the JEPA would include the County of Alameda , the City of Dublin , City of Livermore , and the City of Pleasanton. 2 ) The Transit Authority would be governed by seven Board of Directors . Each City would be permitted to appoint 2 Directors and one alternate . Alameda County would be permitted to appoint one Director and one alternate . All Directors must be elected officials from the member jurisdictions , with the exception of the County ' s alternate member. 3 ) Voting Actions - A majority of 4 votes is required for all items with the exception of the following: a) adoption or amendment of bylaws ; b) contracts in excess of one year; c ) designation of the Authority ' s Treasurer. All of the above items require 5 votes . 4) The City of Livermore will continue to operate its Rideo Bus System and apply for TDA funds until the Transit Authority assumes Livermore ' s existing contracts pertaining to Rideo or July, 1987, whichever comes first . 5 ) All member jurisdictions are bound by contracts entered into by the Transit Authority . 6 ) The Authority has the ability to provide paratransit services . 7) The Transit Authority cannot require a member jurisdiction to contribute money to the Authority without first getting the approval of the governing body of that member jurisdiction. 8 ) Transit Service shall reasonably be distributed among the member jurisdictions in accordance with their respective share of Transportation Development Act funds . At present , the 1985-86 proposed TDA apportionment for the City of Dublin is 28 . 85% of the combined apportionments to Dublin and Pleasanton, and 26 . 2/ of the combined allocations of Dublin, Pleasanton and the Valley unincorporated area of Alameda County . 9 ) The Transit Authority indemnifies each member jurisdiction. ---------------------------------------------------------------------------- COPIES TO : DKS Associates ITEM NO . 7 AGENDA STATEMENT: Transit Authority Joint Exercise of Powers Agreement Page 2 10) A member jurisdiction may withdraw provided that member jurisdiction gives one year notice . However , a member jurisdiction would forfeit the right to claim TDA funds which are necessary to meet the existing obligations of the Transit Authority. 11 ) The Authority may be dissolved at such time that three members wish to withdraw from the Authority . 12 ) The addition of any new members to the Authority requires the unanimous consent of the existing member jurisdictions . As you may recall , the City Council reviewed various local transit service alternatives last year. The transit service alternative which the City Council identified at that time as being preferable was Alternative 4A ( see attached Alternative 4A or Figure 1 , Alternative in Summary Report ) . This service level provided one-way service with 30 minute headways during the peak hours and 60 minute headways at all other times . Since that time , it was brought to the attention of the Policy Committee that there were additional Transportation Development Act funds available for transit service . These additional funds would enable the Transit Authority to increase the level of service provided to the member jurisdictions . As indicated in the attached Summary of Service Characteristics and Resource Requirements , the estimated annual operating expense for the February 1984 proposed system was $678 , 838 . The estimated operating expense for the February 1985 modified level of service is $1 ,081 ,900. The modified level of service would provide 2 way 30 minute service during the peak hours and 60 minute headways during all other times . This modified level of service is identified in Figure 2 as Alternative 2b. There is also a third alternative service level identified only in the Summary Report as Alternative 2a . This level of service provides hourly service with additional residential and employment access . Councilmember Jeffery , the City Council ' s appointee to the Transit Policy Committee , will be available to provide the Council with a more indepth report and answer any questions that the City Council may have with respect to the JEPA or proposed operating systems . PLEASANT®N/DUBLIN TRANSIT SYSTEM SUPPLEMENTAL STUDY Summary Report f February 1985 i DIGS Associates This report summarizes three alternatives for implementation of local bus service within the cities of Dublin and Pleasanton. Among these alternatives is a refined version of the transit plan initially presented in February 1984 (Alternative 1), and two versions of a modified alternative presented to the Transit Advisory Committee during January 1985. The alternatives are referenced as follows: Alternative I: February 1984 Plan, with minor improvements "Hourly Service on Main Streets" Alternative 2a: Modified (January 1985) Plan with same fleet size as Alterna- tive I "Hourly Service with Additional Residential and Employment Access" Alternative 2b: Modified (January 1985) Plan with expanded fleet "Improved Commute Service with Additional Residential and Employment Access" The route structure for Alternative I is displayed in Figure I. Routes for Alternatives 20 and 2b, shown in Figure 2, are identical to each other; only the service frequencies differ between these latter two alternatives. Although operating costs differ among the alternatives, all are affordable within the limitations of available Transportation Development Act (TDA) funds and projected farebox revenues. Also, all three alternatives . maintain a service balance between Pleasanton and Dublin that is consistent with TDA funds generated by the two Cities. Alternatives 2A and 2B both offer extended bus route coverage relative to the 1984 Plan, and Alternative 2B further offers increased service during commute periods to attract local commuters from both communities. Following is a brief narrative description of each alternative. A comparison of service characteristics is shown on Table I. Specific destinations served under each alternative are shown on Table 2. Alternative I: Hourly Service on Main Streets This alternative, displayed on Figure I, offers the most basic of those under considera- tion. It provides hourly service frequencies on each of four routes. Routes primarily operate on main streets, such as Amador Valley Boulevard and Village Parkway in Dublin, and Santa Rita Road and West Las Positas in Pleasanton. In Dublin, 30 minute service is provided in one direction only during commute hours. The net annual operating cost of Alternative I would be $611,000 for the first full year of operation, using approximately half of the available annual TDA funds allocated. However, the low service frequency and distance from residential neighborhoods are unlikely to attract persons who have a transportation choice, such as commuters or adult shoppers. Estimated ridership during the first full year of operation is 314,000 passengers. - I - P84224-0-4/2 Alternative 2a: Hourly Service with Additional Residential/Employment Access This alternative, shown on Figure 2, operates generally within the level of resources proposed in Alternative I; however, the four-route system is expanded to serve additional residential and employment locations more directly. For example, this route structure provides access to 92 percent of all Dublin and Pleasanton households, compared to 89 percent (Dublin) and 81 percent (Pleasanton) under Alternative I. Further, Alternative 2a expands service in Dublin to include rapidly developing sub- divisions on both sides of Stagecoach Road. Three routes provide extensive access within Hacienda, Meyer, and Pleasanton Business Parks, and, entirely new service to Valley and Stanley Business Parks. The net annual operating cost of Alternative 2a would be $708,000, using 59 percent of available TDA funds. Although higher ridership may be anticipated, due to additional Dublin routing, and attraction of shoppers and some workers, the hourly service fre- quency is generally regarded as too low to attract large numbers of local commuters. Annual ridership is estimated to be 353,000 in the first full year of service. Overall, Alternative 2a provides better residential and employment area access than Alternative I, with only a minor increase in operating cost. It could be expanded to Alternative 2b simply by increasing service frequencies since the routings are identical. Alternative 2b: Improved Commute Service with Additional Residential/Em to ment ccess This alternative uses the improved route structure of Alternative 2a (see Figure 2) but describes the service frequencies on all routes to 30 minutes during commute periods. Hourly service frequencies are maintained during mid-day periods, and on Saturdays as with other alternatives. The net annual operating cost of this alternative is approximately $1 million, repre- senting 84 percent of available TDA funds allocated to the area. An estimated 425,000 passenger boardings may be anticipated during the first full year of operation, due to the increased attraction to transit of local commuters who live and work within the two-city area. Of the three alternatives, Alternative 2b providesthe highest level of transit service within both Pleasanton and Dublin, with 60 percent more service operated than the February 1984 plan. Although operating costs would be proportionately higher, the plan is still affordable using available TDA funds. - 2 - TRANSIT AUTHORITY eou-'l c.X JOINT EXERCISE OF POWERS AGREEMENT TABLE OF CONTENTS i�. 1. Background a. Need for Public Transportation Services j' b. Joint Exercise of Powers 2 . Creation of Transit Authority 3 . Purpose 4 . Board of Directors a. Voting b. Alternate C. Elected Officials d. Participation in Decisions Affecting Member Jurisdictions e. Selection and Removal 5. Action by Board a. Quorum ( F�?e Va4e s) b. Actions Generally (Four Votes)_ C. Changes in Bus Routes (Four Votes) d. Matters Requiring Five Votes Plus Member Jurisdiction Notice 6. Notice of Board Actions a. Agendas b. Minutes 7 . Bylaws 8 . Powers a. Enumeration of Powers b. Special Transportation Services C. Restriction on Power 9 . Financial a. Fiscal Year b. Depository C. Audit d. Property Custodian e. Budget f. Contributions by Member Jurisdictions g. Formula for TDA Service Allocation h. Method for Calculating Service Levels 10. Debts and Liabilities 11. Insurance 12 . Indemnification 13 . Disposition of Money and Property a. Successor Public Entity b. Withdrawal of Member Jurisdiction 14 . Term of Agreement 15. Termination a. Individual Member Withdrawal b. Complete Dissolution 16. Amendment 17 . New Members i8 . Successors 19 . Severability NAME f TRANSIT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT ' THIS AGREEMENT is entered into by and between the County of s 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 Ser- vice Area meeting the requirements of Section 15 hereof. 1 . Background. This agreement is made with respect-'o 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 ser- vices. Member jurisdictions desire to 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. b. 1 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 jurisdic- tions have in common, among others, the powers to contract for and/or operate public transportation systems. In support of such - 1 - powers, member jurisdictions are further empowered, upon ap- propriate findings by the Metropolitan Transportation Commission (hereinafter "MTC") under California Public Utilities Code Sec- tions 99207 (b) and 99289 , to claim, receive and expend Transpor- tation Development Act (hereinafter "TDA") funds. Member juris- dictions 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 enti- ty from member jurisdictions, to administer and implement this agreement and to exercise the common powers provided herein ��-V10 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 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. Voting. Authority shall be governed by a Board of Directors. There shall be seven (7) members of the Board of Di- rectors. Each City member jurisdiction shall appoint two (2) regular representative to the Board of Directors. The County of 2 - Alameda shall appoint one (1) regular representative. Each rep- r., resentative to the Board of Directors shall have one vote (except i;. as provided by Paragraph 4b (iii) ) . ' b. Alternate. i. In addition, each member jurisdiction may ap- point one (1) alternate representative to act in the absence of regular representatives. ii. In the absence of a regular or alternate rep- resentative, the other representative from that city may exercise both votes for that jurisdiction. C. Elected Officials. Representatives shall be elec- ted members of the governing boards of the member jurisdictions. With the exception of the alternate from the County of Alameda, alternates shall be elected members of the governing bodies of the member jurisdictions . The alternate from the County of Alameda shall be appointed by the Board of Supervisors. d. Participation in Decisions Affecting Member Juris- dictions. 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 representative to the Board of Di- rectors of Authority while it is considering or acting upon a contract, lease, or other transaction with such member f jurisdiction. e. Selection and Removal . Representatives shall serve solely at the pleasure of the appointing member jurisdiction. 3 - 5. Action by Board. i a. Quorum. Five (5) votes of the Board of Directors shall constitute a quorum for the transaction of business. b. Action Generally (Four Votes) . Unless specifically limited by this agreement, four votes of the Board of Directors shall be required to act upon any matter. C. Changes in Bus Routes. Any permanent change in regularly scheduled bus routes Ashall require four affirmative votes of the Board of Directors. Examples of changes in bus routes subject to the limitations of this section include changes in headways, changes in location of bus routes, and changes in location of bus stops. Emergency changes in bus routes necessi- tated by street closures and other unanticipated events may be implemented as appropriate but shall be brought to the Board for its review at the next regularly scheduled Board meeting. d. Matters Requiring Five Votes Plus Member Jurisdic- tion Notice. The following actions shall require the affirmative vote of representatives holding five votes on the Board of Directors: i. Adoption or amendment of Bylaws. ii. Any contract for a period longer than one year. iii. Designation of the Authority Treasurer as pro- vided in Paragraph 9 (b) . Any of the actions listed within this subsection shall not be passed within five days of their introduction. When any of the actions listed in this subsection are altered after introduction, they shall be passed at least five days after alteration. Good 4 - faith compliance with the notice requirements of Section 6 shall ? be sufficient notice to member jurisdictions. 6 . Notice of Board Actions. �? a. Agendas. A copy of the meeting agendas for each Board of Directors meeting shall be mailed to each member of each member jurisdiction governing body at the same time that the agenda is mailed to the Board of Directors. b. Minutes. The minutes of each Board of Directors meeting shall be mailed to each member of each member jurisdic- tion governing body in conjunction with their distribution to the Board of Directors. 7 . Bylaws. To further establish and govern the Board of Directors procedures, substantive responsibilities, and organiza- tional structure the Board may adopt Bylaws. Bylaws and any amendments thereto shall be adopted in accordance with Section 5c of this agreement. 8 . 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: i. Own, develop, operate, maintain, and ad- minister a public transportation system, or contract with any person, firm, or public ag enc y 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 5 - facilities and services, or to improve such facilities and services. Apply for, receive, and utilize all forms of f; financial assistance for public transportation '! facilities or services, including contribu- tions, grants, allocations, loans, revenues, or other assistance from MTC, State, Federal, or other sources available for the planning, acquisition, construction, maintenance, opera- tion, administration, or other support of such facilities or services; provided that Authori- ty shall be empowered on behalf of member jurisdictions without further authorization to directly apply for, receive, and utilize such financial assistance for which member juris- dictions are eligible, including, without limitation, TDA funds. (A) Except as specifically provided by Para-, graph 8 (b) , member jurisdictions shall not compete with Authority for TDA public transit funds within the service area. (B) The parties acknowledge that Livermore has an operating fixed route transit ser- f vice called RIDEO with ongoing contrac- tual obligations. Livermore shall have the right to continue to operate that system and apply for TDA funds 6 - notwithstanding the limitations of para- graph 8 (a) (iii) (A) until the Authority assumes responsibility for operation of the RIDEO system. The Authority shall 1; have the right, at its sole discretion to assume responsibility for the operation of the RIDEO system subject to Authori- ty' s assumption of any existing contracts of Livermore pertaining to the RIDEO sys- tem. In the event that Authority exer-- cises its right to take over RIDEO, or if Livermore A ceases operating the RIDEO sys - tem, then the restrictions of paragraph 8 (a) (iii) (A) (the noncompetition clause) shall apply to Livermore. In any event.; Livermore shall cease operating the RIDEO system no later than July 1987 (the ter-- mination date of the existing RIDEO sys- tem contract) . (C) In contracting for public transportation j 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 it- self to apply for, receive, and expend TDA and other financial assistance for which Authority may apply under this paragraph 8a(iii) . Member jurisdictions 7 - shall be bound by and carry out such com- e mitment of Authority during the term of such contract, notwithstanding termina- tion of this agreement, subject to equi- table adjustments required by paragraph 13 . (D) Member jurisdictions shall provide such reasonable 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 professional or other services. Member juris- dictions may be reimbursed for the value of services rendered; 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 treasury of the member jurisdic- . tion designated as Authority Treasurer moneys 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 ' 8 - investments in accordance with Government Code r, Section 53601 ; X. Delegate within the limitations of Government Code Section 6508 all or a portion of its functions to an administrative entity for the purpose of program development, policy for- mulation, or program implementation; xi. Adopt a conflict of interest code; xii. Do all other reasonable and necessary acts to fulfill the purposes of this agreement. b. Special Transportation Services. i. Authority may exercise, all or a portion of the powers set forth in paragraph 8a to provide transportation services other -than transporta- tion for the general public (e.g. elderly, handicapped and other special transportation needs) . ii. Any member agency may provide additional fund- ing to Authority for special transportation Jar services; In that event, Authority will pro- vide enhanced service levels to that member jurisdiction in proportion to the additional funding provided. iii. However, notwithstanding any other provision of this agreement, each member jurisdiction may at its own option, establish and maintain its own program for elderly, handicapped and other special transportation needs. In such - 9 - event, Authority shall not compete for funding }, which would otherwise be allocated to that member jurisdiction. 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 agency of the Authority Treasurer in that agency's 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 or all funds of Authority from whatever source. Notwithstanding Paragraph the designation of the jurisdiction whose Treasurer shall act as Authority Treasurer may be changed by .five votes of the Board of Directors. As depository, the Treasurer shall: 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 safekeeping and disbursement of all money of Authority so held by the Treasurer; iii. Pay, when due, out of the money of Authority so held by him/her all sums payable on out- standing bonds and coupons of Authority; 10 - iv. Pay from Authority money and other sums due from Authority, or any portion thereof, only r. upon warrants of the public officer performing .' the function of Auditor as designated by this agreement; V. Verify and report in writing on a quarterly basis to Authority and to member jurisdictions the amount of receipts since the last report, and the amounts paid out since the last re- port; and vi. Invest Authority funds in accordance with paragraph 8a(ix) . C. Audit. There shall be strict accountability of all Authority funds. The Auditor of the agency from which the Agency Treasurer is selected shall be the Auditor for Authority. The Auditor shall : i. Report all receipts and disbursements to Authority. ii. Make or contract to make an annual audit of Authority pursuant to requirements of Govern- ment Code Section 6505. d. Property Custodian. The Authority Treasurer shall have charge, handle, and/or have access to any property of Au- thority and, pursuant to Government Code Section 6505. 1, the Au- thority shall require such person or persons to file an official bond in an amount of at least Five Hundred Thousand Dollars ($500, 000) . Upon creation by the Board of a position of general manager (by whatever title chosen) , the general manager shall - 11 - also have the authority and responsibility provided by this section. e. Budget. A procedure for adoption of an annual bud- get may be set forth in the Bylaws of Authority. f. Contributions by Member Jurisdictions. Any member jurisdiction may provide additional funding for specified transportation services which the Authority is authorized to pro- vide. 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 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 and related program funds among member jurisdictions shall generally be in accordance with the following formula: TDA Allocation = Population of Member Jurisdiction x Total TDA Total Service Area Population funds available. Population for purposes of this formula shall be the most recent annual population estimates from the State Department of Finance. h. Method for Calculating Service Levels. TDA funds shall be presumed to have been allocated in proportion to service hours within each member jurisdiction. However, when selecting - 12 - service levels, the Board may also consider other relevant fac- tors such as bus miles traveled, fare box revenues received, ridership, number of stops, average speed, local geography and d; the impact of regional destination sand percentage of residential population within one quarter mile of a bus route. 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 except as provided in Paragraph 15. 11. Insurance. Authority shall maintain insurance coverage in at least the following amounts and each member jurisdiction shall be named as an additional primary insured: PUBLIC LIABILITY General Bodily Injury - $1, 000, 000 Per Occurrence General Property Damage - $ 100, 000 Per Occurrence or Combined Single Limit on Bodily Injury and Property Damage Liability - $1, 000, 000 VEHICLE LIABILITY Bodily Injury - $1, 000, 000 Per Person/$10, 000, 000 Per Occurrence Property Damage - $ 250, 000 Per Occurrence or Combined Single Limit on Bodily Injury and Property Damage Liability - $10, 000, 000 12 . Indemnification. The Authority shall hold each member jurisdiction, its elective and appointive Boards, Commissions, officers, agents, and employees, harmless from any liability for J damage or claims for damage for personal injury, including death, as well as from claims from property damage which may arise from Authority' s contractors ' , subcontractors ' , agents ' or employees ' operation under this agreement. Authority agrees to and shall, defend each member jurisdiction and its elective and appointive 13 - Boards, Commissions, officers, agents and employees from any suits or actions at law or equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid s operation's. 13 . Disposition of Money and Property. This paragraph shall apply to distribution by Authority of its surplus money or ac- quired 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 pur- poses 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 sub- stantially all of the service area of Authority, the surplus mon- ey 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 Jurisdiction. 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 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, in- cluding surplus moneys, to a member jurisdiction in excess of its actual contributions to Authority shall be first approved by the 14 - Metropolitan Transportation Commission (MTC) . If member juris- dictions cannot agree upon the valuation of acquired property or upon their distributive shares, the disagreement shall be re- ferred to a panel of three referees for decision. One referee shall be appointed by the member disputing the valuation or dis- position. One referee shall be appointed by the members support- ing the valuation or distribution. One referee shall be ap- pointed by the two referees first appointed. 14 . Term of Agreement. This agreement shall become effec- tive on 1985 and shall remain in full force and ef- fect_so long as there are two or more member jurisdictions. 15. 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- jurisdic- tion may terminate its participation in this agreement and Au- thority 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, provided, however, that the Board must approve such rescission. If Authority has, as permitted by paragraph 8a (iii) , executed a long-term contract for public transportation services which includes a commitment to claim and expend public transpor- tation financial assistance which a terminated member jurisdic- tion is eligible to claim, the terminated member jurisdiction shall be bound by such commitment. If equitably required, the 15 - V terminated member jurisdiction shall not claim, but instead shall t. assist Authority to claim, such financial assistance during the term of such contract. If possible, Authority will cooperate to �i. arrange an equitable division of the obligations and benefits of said contract. A terminated member jurisdiction shall continue to provide assurances and perform acts as required by paragraph 8a (iii) (b) -of this agreement. During the term of such contract, Authority shall provide a terminated member jurisdiction public transportation services within the terminated member' s area on a fair and equitable basis in proportion to the financial assis- tance received by Authority which is referable to such terminated member jurisdiction. b. Complete Dissolution. Upon termination by all but one member jurisdiction, the Authority shall be dissolved; pro- vided 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 commit- ment 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 long-term contract. 16. Amendment. This agreement may be amended upon he unani- mous approval of all member jurisdictions. f 17 . 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 jurisdic- tion at any time; provided that new members shall first execute a 16 facsimile of this Joint Exercise of Powers Agreement and any By- laws of Authority and agree to be bound by their terms and the terms of any other agreements to which Authority is party. �? 18 . Successors. This agreement shall be binding upon and inure to the benefit of any successors or assigns of the member jurisdictions. 19 . Severability. Should any part, term, portion, or provi- sion 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, pro- vided that such remaining parts, terms, portions, or provisions can be construed in substance to constitute the agreement that the member jurisdictions intended to enter into in the first instance. IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly authorized officers and representatives as of the date indicated. Dated: COUNTY OF ALAMEDA APPROVED AS TO FORM: BY Chairman Board of Supervisors County Counsel ATTEST: County Clerk 17 - Dated: CITY OF DUBLIN APPROVED AS TO FORM: By F Mayor ATTEST: City Attorney City Clerk Dated: CITY OF LIVERMORE APPROVED AS TO FORM: By Mayor City Attorney ATTEST: City Clerk Dated: CITY OF PLEASANTON APPROVED AS TO FORM: By Mayor City Attorney ATTEST: City Clerk i 18 - NtOSt.BLVD. • • ' •• "' ••... ALTERNATIVE 4A (February 1984) LOCAL SERVICE DIRECT CONNECTIONS WITH MINOR • ROUTE ADJUSTMENTS i •• •••' HDH • +1f• �� • • 690••6 ROUTE t • • • `� ' ' �� ROUTE 2 • ' .nln.B""HDDemu u.veutr eivD.u .e uuuw ROUTE 3 • ••9••0.0 . • • :• • •••••09••••0•••••••6 .,,, • :, ROUTE 4 W'LAS POSIT.S • O, 6666 ' • ,,,,,•,,•''eb.• '•�••••0 0'•00.� °E� � R'C*r+r • D • s • -ft Rome // • `` • � Syr~. 9 y . • y • ,,,•� ,fir •6' ,•/ J� �•• ,f LD 1.D. rr yet e 6 • +D •6 s • • 7j0 • • ffr. °p. � • Iyr f yD •• • CAS!'✓ODD ••6 : • 1°,' • • AMT associates •ICOSi•BLVD. \�� V, , ` ' • • '•• • v DUBLIN-PLEASANTON •! S��^ MODIFIED TRANSIT SYSTEM February, 1985 i •.• oa� ; 1.111u •• °4�If � •• z=1111� �•• •••••• ROUTE 1 • a i• s ROUTE 2 • nt +1 ,+1 • • •• ••••• + 'BMW 1'^ntA1n n m•"'t. 000 w1.1121 ROUTE 3 ••• �' • �' m m amm ROUTE 4 •••••••• •O •'t tN, OX Js° ; • • Lj • 000 0. Bee Cks , .• ••.• ` .• ` tom. :• v VJ • L ♦ ff • • • rte• , (f�, J�' fit• - � � I t.C� 4f•I ••_ ry So y'o associates • /tcosu nvo. t Figure 1 ALTERNATIVE 1 r . o$ ' •• S44MIN4.' .�� 4q' �� • wrsr4 Orr �} • • J ; •••••• ROUTE 1 .`� • �• ROUTE 2 Fo I rnnnlr ,' s loruw wvstt[• ewo./ •,wnu ROUTE 3 J •••q••• nnrn at � • = �• NNNN NNN••• • �.,,, ? � • .�� ROUTE 4 • o •• •• ♦110000 • �• • • J o • �, f• •••Il s /. 4�r • �s (r)rj�• • l.s1T4s ILY.. �► aftft Hr • • no s • r • ,r ` r( A� '4 �7 y J144,(,r •% a (r. r` Y( y,t•�0 4rl�. 1 C ~LJ! 0L`°. CAS T two. , ` • • ,�. associates _ I I urns..rtv0. s ' •S'' Figure 2 i ALTERNATIVES 2a, 2b .o. W •b� i _ vivo.` • s • ' • �*Oy,.E Gni� e 4 • If S�' 3C .••••• ROUTE 1 ' + ROUTE 2 • i ►•••• '.w u. pol, I v. c. .w.. vivovovo. ROUTE 3 • •' j missiles ROUTE 4 'J!° • is i • j 3' • • 8 • so o • ' • so ' • • •• 8 % A 7 i • ••• 10 a • 3 • •% J •'� :l° s �•J •� • .F� • •• �[� • • �0 °: • • • [°, • se an h It s IN 0 •• Y, •• [[f� C4'I •• • fe 11,411 rf el, ' vieses f J� se' •• 40 ,,, o•• a 'r ''•° c S° `4'O �MW associates Table 1 COMPARISON OF SERVICE ALTERNATIVES Tri-Valley Transit System Alternative 1 Alternative 2a Alternative 2b Hourly Service with Improved Commute Service Hourly Service on Main Additional Residential/ with Additional Residential/ Description Streets (Feb. 84 Plan) Employment Access Employment Access Target Ridership Transit Dependents Transit Dependents . Transit Dependents Groups Students . Students Students Shoppers Shoppers Workers Bart Express Bus Transfers Service 60 Minutes All Day 60 Minutes All Day 30 Minutes Frequency (30 Min One Way only All Routes Commute Periods Dublin Commute 60 Minutes Other Times Routes) All Routes Service Level (Annual Bus-hours 22,000 Hours 25,000 Hours 35,000 Hours operated) Service 29% Dublin 31% Dublin 28% Distribution 71% Pleasanton 69% Pleasanton 72% Affordability Annual Net Operating $611,000 $708,000 $1,000,000 Cost of TDA Used 51%. 59% 84% Total Buses 9 9 16 Percent 89% Dublin - 92% Dublin 92% Dublin Households 81% Pleasanton 92% Pleasanton 92% Pleasanton Served Table 2 COMPARISON OF DESTINATIONS SERVED Pleasanton/Dublin Transit Alternatives ALTERNATIVE i ALTERNATIVES 2A/213 Route Route Destination 1 2 3 4 1 2 3 4 in Dublin Central Core O • • • co Pleasanton Central Core • O • O ® • • m Hacienda Park • • • ® • ZPleasanton Business Park • aMeyer Business Park • O OStanley Business Park • J d Valley Business Park • Z W Stoneridge Periphery • O • O • • C W Dublin/Village HS O • • • • 0 m Amador Valley HS • • • • • • •; -J Foothi I I HS • O O O Harvest Park Middle • • V Wells Intermediate • • O O • • co D wAmador Valley Boulevard • • O m Dublin Boulevard • O ® • O Z Main Street, Pleasanton • O • ® O • d Santa Rita Road O • O d = Stoneridge Mall • • • • • • co Dublin: Library • • • • • • Rec. Center • • • O • Senior Center • • • O cc City Offices • • • • • W Post Office O O O Pleasanton: Library • • • • • • O Rec. Center • • • • • • O Senior Center • • • • • O Post Office 1 • • • • • • • -S A!iU KSOURCE �L'MREMENTS WIC11 FEBRUARif 1964 DISTEM WITH AMSIMiDITS Annual fi:aut e Roite 0 Lensth Average Running CSC!@ * buses Required Service Frequency Vehicle Service * Hours Miles Operating # -FErr-ei t ► (milts; Speed Tine T i Ile # Peak 3F/Sat, Peak OP/Sat, per Bag Per Sat. 0 Annual Afinua I Expense # Dublin easantan # 2CA 1 14 04 120 2 2 60 60 26 2 It 1540 105560 233740 k 34/ � 233740 Ju'4 317% 2 bit,i I ni 1,i easanta 1 114 96 120 f 2 2 60 60 26 IB % 7540 105 110 0 9 # 3770 5L'J56 116E7 5 15 103 1 t 60 60 13 bit,,i1i ;peal ly # 9.6 14 57 60 f 1 0 60 0 6 0 k 1524 21336 47244 X 90 4 Meadows 15.8-_. 15 63 63 1 1 0 63 0 6 0 k 1524 22360 47244 1 0% Total # r 7 5 77 45 1 21998 311866 67BB38 it 30% FE1;kUA'1%-.',1985 MODIFIED S(STE4 Miles Operating It Fer-rent ,route KDute , It Leq4t, Average Running Cycle Buses Required Service Frequency Vehicie Service It Hours Number Nave (iil,es; SpeeJ Tine T i me It Peak OP/Sat. Peak OP/Sat. Per Dag Per Sat. It Annual Annual Expense ► Dublin 1 Bub i In/Va 11 i� business i'ar." 1 26.6 14 113 1210 k 4 2 30 to 40 20 1 11200 156800 347205 3B',' I r It D-jbi iniKottinger r 29.1 115 116 1210 It 4 2 30 60 40 25 # 11200 16E000 347200 ► 34% It busi;"L-5 PaO% 14.7 is 59 60 If 2 1 30 60 20 10 # 5600 94000 172150 It G% EI I- 1 0 30 0 7 0 1800 27005 5580 ► 1001/ a;t but'ifn (FE31J. J./ is 82 90 0 1 If 1 7 1 tj j 158 XX ?leasaf,t9,.-. 3 15 55 60 11 2 1 30 to 20 V Tol.i, 1 13 6 127 to r 34900 512300 9 0 G. # 2U. '7 go LV, ja-,Akey � LA-f' -eQ-t&_ ak&.t , Lt 13 -k o - � ^ - A\omEJa Cucaty TL'r".. Apnarbonnents Final Proposed Distributions HTC Final Est. Article Estisab � \9B5-G6 FCb. 4` 19E5 27`35O`414 County of Alameda -------------'��u�ation* PoP.Faccor ACTO 0� AC7D Liver oor* Union City Ne* u E. [�RT lncnrporatEd Areas: _______________ Alaaed� 74`900 7 j J't.50 Alhany l5,J0O �.O�3S505 $356`936.23 Da'keley �. 0.V132:J/ Emeryville 3,9 0 (1.0O3J863 $Y2`�l6.79 Fr�mnt 0J`�� V.D2 i4 57 $J`34S`7J6.5i Hoyiard 9S,7 VO N 0.Vc.'40S1 V2`58S.6At LivermorE 51`9OO 0.0442697 $1,20`783.�9 Xowark 35,6O0 0.030365� $83�,518.29 8aklond 351`600 0.2999%A:53 2,534.62 Pio�mont 0`55A 0.V�2 9989 1246,122.70 Plpa�anton JO`35O 0.0J27l15 $G94,673.50 San Leaxdro 66,400 V.V566374 $1/5�9,056.59 Ucion City 45`950 0.0391?41 975.16 Subtotal 1,0;5 8`�70 Unincorpur��ed Arss _____________ �ehlasd l�`2�� 0.0�2|Bz �332/8�3.83 Cas�rs VE y 45'1--A 0.C�85�9� �1`��`338.31 Chs�ry}ond /Q .V0255� 9S 0 S San b;-Enzo 2 0.V.799 l75.t 1 Other 23.665 0 7.��3.�� ��tutal L�inccrp. U3,�� . (exc}udin' Dublin) � ---------- _____ ---_---_—__—__----'—_---___----_—__'---_---'-_--_—'--__---_' TOTAL 1`li 2`37V 1`7O5.6 3 $�`17L2��.�� $1,21O`7S3.�Y �1/V7|`Y7�.l6 $l'JG7`14; 9 PRIOR YEAR FU-5 $S6S'295.�� $|2O,275.�� �1�1C�`��.0V $10,295.00 $1`(;7,BtLCC T LOT A AVA I L A.EL[ FUN S 6J s 291/�2Y.2V 12`3I"''486.0 $1.0B2/��.16 6.�,7 QC41206.87 30� 19,�J.� FY 85'36 total 27J5V`��� * DUF Rcpart E0 E-1 dated !128184'. Prior Yr Tut 3`D3���� To':! Avail 3O`ic,,��� ~ ^