TAHOE TRANSPORTATION DISTRICT (TTD) · TAHOE TRANSPORTATION DISTRICT (TTD) BUDGET FINANCE COMMITTEE . Meeting Agenda . Tahoe Regional Planning Agency October 13, 2017 . …

TAHOE TRANSPORTATION DISTRICT (TTD)

BUDGET FINANCE COMMITTEE Meeting Agenda

Tahoe Regional Planning Agency October 13, 2017 128 Market Street 8:30 a.m. Stateline, NV 89449 All items on this agenda are action items unless otherwise noted. Items on the agenda may be taken out of order. The Committee may combine two or more items for consideration. The Committee may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

I. PUBLIC INTEREST COMMENTS All comments are to be limited to no more than five minutes per person. Comments made cannot be acted upon or discussed at this meeting, but may be placed on a future agenda for consideration.

II. RECOMMENDATION OF APPROVAL OF MINUTES OF SEPTEMBER 8, 2017

III. DISCUSSION ITEMS

(All Items for Possible Recommendation) Page A. Review and Acceptance of the District’s Financial Statement of Operations

for July 2017 (Item V.A.) 1

B. Authorize the District Manager to Execute an Agreement with The Ridge Tahoe Property Owners’ Association for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel (Item V.B.)

13

C. Authorize the District Manager to Execute an Agreement with Lake Tahoe Community College for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel (Item V.C.)

22

D. Authorize the District Manager to Negotiate and Execute an Agreement with Heavenly Valley, Limited Partnership for Contributions to Public Transit Services (Item V.D.)

30

IV. PUBLIC INTEREST COMMENTS

V. ADJOURNMENT

TAHOE TRANSPORTATION DISTRICT (TTD)

Meeting Agenda Tahoe Regional Planning Agency October 13, 2017 128 Market Street 9:30 a.m. Stateline, NV 89449

All items on this agenda are action items unless otherwise noted. Items on the agenda may be taken out of order. The Board may combine two or more items for consideration. The Board may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. I. CALL TO ORDER AND GENERAL MATTERS

A. Roll Call and Determination of Quorum of TTD B. Approval of Agenda for October 13, 2017 C. Approval of Minutes of September 8, 2017

II. PUBLIC INTEREST COMMENTS

At this time, members of the public shall have the opportunity to directly address the Board. All comments are to be limited to no more than five minutes per person. The Board is prohibited by law from taking immediate action on or discussing issues raised by the public that are not listed on this agenda. In addition, members of the public shall have the opportunity to directly address the Board after each item on which action may be taken is discussed by the public body, but before the public body takes action on the item.

III. BUDGET FINANCE COMMITTEE REPORT IV. TAHOE REGIONAL PLANNING AGENCY ADVISORY PLANNING COMMISSION

APPOINTEE REPORT V. TAHOE TRANSPORTATION DISTRICT (TTD) CONSENT ITEMS

(All items for possible action) Page A. Review and Acceptance of the District’s Financial Statement of Operations

for July 2017 1

B. Authorize the District Manager to Execute an Agreement with The Ridge Tahoe Property Owners’ Association for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel

13

C. Authorize the District Manager to Execute an Agreement with Lake Tahoe Community College for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel

22

D. Authorize the District Manager to Execute an Agreement with Heavenly Valley, Limited Partnership for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel

30

VI. TAHOE TRANSPORTATION DISTRICT (TTD) BUSINESS ITEMS

Page A. For Possible Action: Authorize the District Manager to Execute Right-of-

Entry Agreements for Non-TTD Users of Facilities Controlled by TTD for Purposes of Safe Operations and Risk Limitations

39

B. For Possible Action: Adopt Resolution 2017-011 Adopting the TTD's Short Range Transit Plan for Fiscal Years 2017-2021

49

C. For Possible Action: Review and Approve in Concept of a Resolution of Housing Principles and Target for Construction of Affordable Workforce Housing in the Douglas County, City of South Lake Tahoe, and El Dorado County Areas of Lake Tahoe, Including TTD’s Commitment to Transit Oriented Development

52

D. For Discussion and Possible Action: Report and Discussion Regarding Plan for Addition of Deputy District Manager Position and North Shore Office and Possible Action

57

VII. DISTRICT MANAGER REPORT VIII. BOARD, COMMISSION MEMBER AND STAFF COMMENTS IX. PUBLIC INTEREST COMMENTS X. ADJOURNMENT

COMPLIANCE WITH PUBLIC NOTICE REQUIREMENTS This notice and agenda has been posted at the TTD office and at the Stateline, Nevada post office. The notice and agenda has also been posted at the North Tahoe Conference Center in Kings Beach, the Incline Village GID office and the North Tahoe Chamber of Commerce and on the TTD website: www.tahoetransportation.org. For those individuals with a disability who require a modification or accommodation in order to participate in the public meeting, please contact Judi Allen at (775) 589-5502 or [email protected]. Nevada Open Meeting Law Compliance Written notice of this meeting has been given at least three working days before the meeting by posting a copy of this agenda at the principal office of the Board and at three other separate, prominent places within the jurisdiction of the Board not later than 9 a.m. of the third working day before the meeting. Written notice of this meeting has been given by providing a copy of this agenda to any person who has requested notice of the meetings of the Board. Such notice was delivered to the postal service used by the Board not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail, or if feasible for the Board and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting. Supporting materials were provided to any person requesting such materials and were made available to the requester at the time the material was provided to the members of the Board or, if provided to the members of the Board at the meeting, were made available to the requester at the meeting and are available on the TTD website: www.tahoetransportation.org. Please send requests for copies of supporting materials to Judi Allen at (775) 589-5502 or [email protected].

http://www.tahoetransportation.org/

Tahoe Transportation Board Meeting Minutes - September 2017

TAHOE TRANSPORTATION DISTRICT / COMMISSION BOARD MEETING MINUTES

September 8, 2017

TTD/C Board Members in Attendance: Steve Teshara, SS-TMA, Chair Bob Lucey, Washoe County Nancy McDermid, Douglas County, Vice Chair Sue Novasel, El Dorado County Ron Treabess, TNT-TMA Sondra Rosenberg, NDOT Arthur Murray, Caltrans

TTD/C Board Members Absent: Will Garner, Placer County Mark Kimbrough, Carson City Austin Sass, City of South Lake Tahoe Andrew Strain, Member at Large Mike Gabor, U.S. Forest Service Neil Mortimer, Washoe Tribe

Others in Attendance:

Carl Hasty, Tahoe Transportation District George Fink, Tahoe Transportation District Russ Nygaard, Tahoe Transportation District Nick Haven, Tahoe Regional Planning Agency Kira Smith, Tahoe Regional Planning Agency Judi Allen, Tahoe Transportation District Adam Spear, Esq., General Counsel, Tahoe Transportation District

I. TAHOE TRANSPORTATION DISTRICT AND TAHOE TRANSPORTATION

COMMISSION CALL TO ORDER AND ROLL

A. Roll Call and Determination of Quorum The meeting of the Tahoe Transportation District and Tahoe Transportation Commission was called to order by Chairman Teshara at 9:47 a.m., at the N. Lake Tahoe Event Center. Roll call was taken and it was determined there was not a quorum for the TTD/TTC. Ms. McDermid arrived at 9:52 a.m. and Mr. Lucey arrived at 10:32 a.m. Non-action items were reviewed until a quorum was established at 10:32 a.m.

B. Approval of TTD/TTC Agenda of September 8, 2017

Motion/second by Ms. Novasel/Mr. Lucey to approve the TTD/TTC agenda for today’s meeting. The motion passed unanimously.

C. Approval of TTD/TTC Meeting Minutes for August 11, 2017

Motion/Second by Ms. Novasel/Mr. Treabess to approve the TTD and TTC minutes, as amended by Mr. Teshara. The motion passed unanimously.

Tahoe Transportation Board Meeting Minutes – September 2017 2

II. PUBLIC INTEREST COMMENTS

Mr. Fink introduced Mr. Morris Bramante, the new Fleet and Facilities Manager.

III. BUDGET FINANCE COMMITTEE REPORT

The Budget Finance Committee meeting was not held, so no report was available.

IV. TAHOE REGIONAL PLANNING AGENCY ADVISORY PLANNING

COMMISSION APPOINTEE REPORT Mr. Teshara noted he received a link to the Transportation Measures Working Group Plan Report which will be distributed to the Board members.

V. TAHOE TRANSPORTATION COMMISSION (TTC) BUSINESS ITEMS

A. Recommend Adoption of the Supporting Resolution Regarding the

Transportation Development Act Farebox Recovery Policy Mr. Haven introduced Kira Smith, TRPA’s new Assistant Transportation Planner. Ms. Smith reviewed this item. Action Requested: For Possible Action Mr. Treabess made the motion to recommend adoption by the Tahoe Regional Planning Agency Governing Board of the supporting resolution to grant transit operators, the Tahoe Transportation District and Tahoe Truckee Area Regional Transit, up to five years to meet an updated Transportation Development Act farebox recovery ratio of 15 percent. Ms. McDermid seconded the motion. The motion passed unanimously.

VI. ADJOURN AS TTC AND RECONVENE AS TTD VII. TAHOE TRANSPORTATION DISTRICT (TTD) PUBLIC HEARING

A. Public Hearing to Receive Public Comment on Draft Short Range Transit

Plan Ms. Frank reviewed this item and a public hearing was held. There was no public comment at the hearing. Some written comment had been received.

VIII. TAHOE TRANSPORTATION DISTRICT (TTD) BUSINESS ITEMS

A. Authorize District Manager to Execute a Contract Amendment with Solutions for Transit for Maintenance Consulting Services Mr. Fink reviewed this item. Mr. Lucey voiced concerns regarding the amount of the amendment. Action Requested: For Possible Action


Mr. Lucey made the motion to approve the contract amendment in an amount not to exceed $170,000, with the caveat that Solutions for Transit submit a monthly expenditure report and a scope of work outline to staff in order to minimize expenditures. Ms. McDermid seconded the motion. The motion passed unanimously.

B. Adopt the Linking Tahoe: Corridor Connectivity Plan Prepared as Part of the TTD Implementation Planning Effort Related to Achieving the Regional Transportation Plan Goals and Objectives Mr. Hasty reviewed this item and introduced Cynthia Albright, Stantec Consulting. Ms. Albright gave a short overview of the process of developing the plan. Action Requested: For Possible Action Mr. Treabess made the motion to adopt the Linking Tahoe: Corridor Connectivity Plan to be used as a TTD implementation approach to achieving transit and transportation system improvements related to the Tahoe Region’s transportation policies and objectives. Ms. Novasel seconded the motion. The motion passed unanimously.

C. Discuss and Approve Options to Replace the General Counsel, and Create Ad Hoc Selection Committee Mr. Hasty reviewed this item. Mr. Lucey suggested having Mr. Spear participate in the process of hiring a replacement attorney. Mr. Spear noted the hourly cost of an in-house counsel listed in the staff summary was incorrect and should be approximately $90 per hour. Action Requested: For Possible Action Mr. Lucey made the motion to direct staff to develop an outside committee of non-members of the Board, including Mr. Spear, to conduct interviews of potential in-house counsel candidates, the committee will bring the recommended finalists to the District Manager and Board Chairman for a final recommendation. The top finalist will be brought to Board meeting for ratification. Ms. Novasel seconded the motion. The motion passed unanimously. Mr. Lucey made the motion to direct staff to procure outside counsel for the interim until an in-house counsel is found and hired. Ms. Novasel seconded the motion. The motion passed unanimously.

IX. DISTRICT MANAGER REPORT Mr. Hasty reported the District may have to produce an ADA transition plan for NDOT as the District is now a Local Planning Agency; a grant proposal the District submitted to the California Tahoe Conservancy for the Caltrans yard relocation in Tahoe City has been recommended to the Conservancy’s Board; the District will have to seek an extension of the ATP fund as the Meeks Bike Trail Project has not gone out to bid, with Caltrans and TCPUD


still working out details of maintenance agreement for an encroachment permit; and he wished to make Board aware that a comment letter from California Attorney General’s office was received regarding the US50 project.

X. LEGAL COUNSEL REPORT

Mr. Spear thanked the Board for the opportunity to be a part of the District, which is one of the most unique organizations and the most functional Board he has ever seen. Mr. Spear noted he has learned a lot about the transportation industry.

XI. BOARD, COMMISSION MEMBER AND STAFF COMMENTS Mr. Murray updated the Board on Caltrans’ RFP for the Transportation Management Study. Ms. Rosenberg noted NDOT is continuing with its state-wide multimodal plan and that the latest TIGER grant has been released. Ms. McDermid noted the Douglas County Board of Commissioners did not adopt the transportation plan update. Ms. Novasel noted the Meyers Area Plan is out for public comment; the El Dorado County traction ordinance was passed; and a grant was approved for the initial planning of a roundabout/pedestrian area at Pioneer and Highway 50. She also noted there are 10,000 homes being built in Folsom, California. Mr. Lucey apologized for his tardiness. He noted the RSCVA has a new brand, which has received positive feedback. Mr. Teshara noted he has been busy with CalCOG meetings and the issues of the implementation of SB1.

XII. PUBLIC INTEREST COMMENTS No public interest comments were made.

XIII. ADJOURNMENT

The meeting adjourned at 12:07 p.m. Respectfully Submitted: Judi Allen Executive Assistant Clerk to the Board Tahoe Transportation District

(The above meeting was recorded in its entirety, anyone wishing to listen to the aforementioned tapes, please contact Judi Allen, Clerk to the Board, (775) 589-5502.)

JS/ja AGENDA ITEM: V.A.

MEMORANDUM Date: October 9, 2017 To: Tahoe Transportation District (TTD) Board of Directors From: TTD Staff Subject: Review and Acceptance of the District’s Financial Statement of Operations for

July 2017 Action Requested: It is requested the Board accept the Financial Statement of Operations for the first month of Fiscal Year 2018 (FY18) ending July 31, 2017. Fiscal Analysis: The District is currently in good financial standing; however, the General Fund expenditure trend continues into FY18 and is expected to continue throughout the first half of the fiscal year. Staff will continue to monitor and report monthly. Background: Staff has completed analyzing financial information for the first month of FY18. The presentation of the financial information will highlight FY18 July activity and continues to detail the District’s funds: General, Capital Improvement Program (CIP), and Transit Operations. Discussion: General Fund – Overall, the District ended with an increase of $39,786 for July activity. The increase can be summarized as follows: District Operations Revenues District Operations Expenses Rental Car Mitigation Fees (RCMF) $5,566 Salaries & Benefits $21,111 Admin Support $36,172 TRPA Services $4,399 Contributions $35,159 Professional Services $2,311 Interest $4 Contract Services $5,260 Insurance $1,195 Telephone/IT $1,327 Travel/Training $0 Misc., incl. EE Appreciation $337 Auditing $1,115 ______ Other $60 Total Revenue $76,901 Total Expenses $37,115

TTD Board Meeting Packet - October 13, 2017 - Page 1 -


The increase was expected as the General fund received the Ridge’s first quarter contribution of $35,159. Total project expenditures paid by the General fund totaled $15,133. RCMF have decreased $578 from $6,144 in FY17 to $5,566 in FY18. The net result increased the General fund’s overall fund balance for the year to $507,706, which is $39,786 more than at the start of the fiscal year. JUNE RECAP: It is anticipated that the General fund decreased by ($16,831) for FY17. This decrease was expected, as staff temporarily transferred $34,883 from the General fund to the CIP fund to cover a construction expense on the North Demo project, until such time as the grant source reimbursement eligibility is triggered. CIP Fund – July activity resulted in an increase of $37, due to interest earned on project advances. Below is a brief recap of July activity for the CIP fund. Funding Source Expenditures Grant Balance Public Lands Highways Discretionary Fund US 50 $0 $6,249 Federal Transit Administration NDOT Value Pricing Pilot Program (VPPP) $0 $285,736 Surface Transportation Program Caltrans – US 50 $17,793 $1,122,452 US Forest Service Scenic Byways (No. Demo) $24,000 $1,760,556 Contributions Mariner AQMF (VPPP Match) $2 $113,786 Washoe County Bond $0 $1,392,080 Tahoe Fund $0 $500,000 IVGID $6,370 $293,255 Prop 1B PTMISEA – Vehicles (FTA 5308) $0 $1,456 PTMISEA – Transit System Modernization $0 $922,932 PTMISEA – AVL and Scheduler $0 $177,519 PTMISEA – ADA Van $0 $1,697 TSSSDRA – Shelter Security $0 $1,171 TSSSDRA – Security Camera Upgrades $0 $7,867 Recreation Trails Flume Trailhead Parking Lot $0 $127,828 Question 1 NV Bikeway Phase 4 $162,513 $0 NV Bikeway Phase 5 $99,989 $2,050,539

Total Expenditures $310,667 Question 1 funding of $2,150,528 is pending the agreement between State Lands and Washoe County and an agreement between Washoe County and TTD. The process for the agreements is underway and anticipated to be approved by mid-November. The agreement will have pre-award authority dating back to July 1. The net result increased CIP’s overall fund balance to $1,242, which is $37 more than at the start of the fiscal year.



JUNE RECAP: It is anticipated that the CIP fund increased $193 for FY17. As noted in the General fund recap, upon receipt of the Tahoe Funds reimbursement, the CIP fund will transfer $34,883 back to the General fund. Transit Fund - Overall, the District ended with an increase of $10,016 for July activity. The increase can be summarized as follows: S. Shore Ops SR 28 Mobility Mgmt Revenue Detail FTA 5307 (Fast Act) $93,396 $1,876 NDOT

FTA 5311 $52,342 $1,898 Caltrans

FTA 5310 $4,974 Contributions

Vail $70,834 Douglas County The Ridge

$1,482 $0

$3,315

Parasol/Truckee Forest $0 $220 Other $0 $0 Transportation Development Act (TDA)

Local Transportation Fund (LTF) $75,975 State Transit Assistance (STA) $23,417

Nevada State Parks $23,458 Older Americans Act $1,902 Farebox Revenue $37,085 $2,368 Pass Sales $10,220 Miscellaneous $9 Insurance Claim $0 Interest $17 $11,349 $0 Total Revenues $364,777 $34,807 $16,552 Expense Detail Personnel $139,667 $10,349 $10,164 Fuel $22,332 $4,413 $973 Insurance $25,033 $4,621 $1,535 Repairs/Maintenance $54,592 $360 Professional Services $6,730 $7,041 $1,555 Facility Rent/Utilities/Phone $14,313 $4,349 $719 ICAP Depreciation

$19,999 $57,727

$3,164 $1,173

Other Expenses $14,370 $870 $72 Total Expenses $354,762 $34,807 $16,551 Increase/(Decrease) $10,015 $0 $1



The net result increased Transit’s overall fund balance for the year to $4,086,884, which is $10,016 more than at the start of the fiscal year. It should be noted that as of July 31, 2017, the transit fund cash increased by $67,743 in FY18. (See Attachment A – Operations Schedule). The difference is attributable to excluding depreciation from the CIP fund. JUNE RECAP: It is anticipated that the Transit fund decreased by ($832,959) for FY17. The main factors for the decrease include loss on disposals of fixed assets of $343,724 and depreciation of $745,505. STA revenue was reduced by $10,576 from the projected annual amount of $268,024 to the actual amount received of $257,448. LTF remained the same as projected of $864,591. TTD submitted a budget revision to NDOT requesting a reallocation from the budget line item Operational Expenses to budget line items Capital Expenses and Administration Expenses in the FTA 5311 grant. If approved, TTD will acknowledge an additional $118,039 in revenue for FY17. The request is being considered by FTA and TTD should receive word by late October or early November. Government Fund Assets – JUNE RECAP: It is anticipated that the Governmental fund decreased by ($347,355) for FY17. The District transferred four Orion buses to Placer County on May 30, 2017, resulting in a loss on disposal of fixed assets of $216,035. Additional depreciation for FY17 totaled $125,672. TTD recorded the dismantling of the CNG Equipment, which reduced both fixed assets and accumulated depreciation by $848,269. Balance Sheet- The detailed balance sheet as of July 31, 2017 is attached (Attachment A). The fixed asset balances, net of depreciation, include $2,319,230 in transit funds and $3,938 in the governmental fund of federalized/state obligations. Should the District choose to liquidate a federalized asset, permission from the governmental agency is required and their obligation takes priority. Additional Information: If you have any questions or comments regarding this item, please contact Joanie Schmitt at (775) 589-5507 or [email protected]. Attachment:

A. July Financials


Tahoe Transportation DistrictBalance Sheet

As of July 31, 2017

TOTAL General CIP Transit GFAASSETSCash & Equivalents 1,536,808 484,142 (30,160) 1,082,826Accounts Receivable 3,333,301 43,013 1,382,655 1,907,633Prepaids 129,291 92,736 36,555Inventory 117,531 117,531*Capital Assets, Net Depreciation 2,518,355 2,518,355 3,938TOTAL ASSETS 7,635,286 619,891 1,352,495 5,662,900 3,938

LIABILITIESAccounts Payable 867,542 112,185 592,339 163,018Deferred Revenues 2,079,192 758,914 1,320,278Nevada State Bank - LOCEE Compensated Absences 92,720 92,720 40,345TOTAL LIABILITIES 3,039,455 112,185 1,351,253 1,576,017 40,345

NET POSITIONInvested in Capital Assets 3,587,089 3,587,089 357,165Unrestricted 1,763,499 439,750 1,012 1,322,737 (48,447)Contingency FundReserved for Encumbrances 45,000 45,000SUB TOTAL NET POSITION 5,395,588 484,750 1,012 4,909,826 308,718

Projected FY 17 Increase (Decrease) (849,597) (16,831) ** 193 (832,959) *** (347,355)

FY 18 Increase (Decrease) 49,840 39,787 37 10,016 2,229

TOTAL NET POSITION 4,595,831 507,706 1,242 4,086,884 (36,408)

TOTAL LIABILITIES & NET POSITION 7,635,286 619,891 1,352,495 5,662,900 3,938

** In FY 17 transferred $34,883 to transit fund that will be returned FY 18*** TO FY 17 may increase by $118,039 due to pending FTA 5311 Budget Revision

* The fixed asset balances, net of depreciation, include $2,319,230 in transit funds and $3,938 in the governmental-wide fund account of federalized obligations. Should the District choose to liquidate a federalized asset, permission from the governmental agency is required and their obligation takes priority.

ATTACHMENT A

JS/ja AGENDA ITEM: V.A.TTD Board Meeting Packet - October 13, 2017 - Page 5 -

Tahoe Transportation DistrictStatement of Operations

July 1, 2017 through July 31, 2017

TOTAL General CIP Transit GFARevenuesFederal Grants 198,181 41,793 156,388State Funding 385,352 262,501 122,850Contributions 117,382 35,159 6,373 75,851General Revenues 36,181 36,172 9Charges for Services 66,588 5,566 61,022Special Items 58 4 37 17TOTAL REVENUES 803,742 76,901 310,704 416,137

ExpensesPersonnel 185,320 21,111 7,791 156,418Personnel - Compensated Absences 3,762 3,762 (2,448)Contracts 297,856 5,260 291,041 1,555Fuel 27,719 27,719Depreciation 57,727 57,727 219Other Operating 145,347 10,743 134,604ICAP - 10% 36,172 11,835 24,337Capital OutlayInterestOther Funding SourcesTOTAL EXPENSES 753,902 37,114 310,667 406,121 (2,229)

FY 18 Increase / (Decrease) to Net Position 49,840 39,787 37 10,016 2,229

ATTACHMENT A


Tahoe Transportation DistrictGeneral Fund

Statement of OperationsJuly 1, 2017 through July 31, 2017

Program YTD

1st Qtr July 1st QtrYEAR TO

DATE

Board Approved

Budget Var % District OpsRevenuesGeneral Revenues Admin Support 36,172 36,172 36,172 36,172 581,399 6.22% 36,172 Miscellaneous 0 0.00% Contributions 35,159 35,159 35,159 35,159 70,318 50.00% 35,159Total General Revenues 71,331 71,331 71,331 71,331 651,717 10.95% 71,331

Charges for Services Administrative Fees 0 0.00% Rental Car Mitigation Fees 5,566 5,566 5,566 5,566 95,000 5.86% 5,566Total Charges for Services 5,566 5,566 5,566 5,566 95,000 5.86% 5,566

Special Items Sale of Fixed Assets Interest Revenue 4 4 4 4 36 10.75% 4Total Special Revenues 4 4 4 4 36 10.75% 4

TOTAL REVENUES 76,901 76,901 76,901 76,901 746,753 10.30% 76,901

ExpensesOperating Personnel 21,111 21,111 21,111 21,111 253,966 8.31% 21,111 Repairs & Maintenance 500 0.00% Insurance 1,195 1,195 1,195 1,195 31,500 3.79% 1,195 Facility Rent 2,783 2,783 2,783 2,783 33,399 8.33% 2,783 Facility Utilities 285 285 285 285 3,416 8.33% 285 Telephone 1,327 1,327 1,327 1,327 15,000 8.84% 1,327 Supplies 1,154 1,154 1,154 1,154 17,248 6.69% 1,154 Advertising & Public Relations 7,300 0.00% Reproduction & Printing 2,500 0.00% Postage 1,000 0.00% Dues, Subscriptions & Publications 237 237 237 237 20,070 1.18% 237 License & Permits 500 0.00% Professional Services 7,571 7,571 7,571 7,571 155,200 4.88% 7,571 Legal Services 5,000 0.00% Auditing Services 1,115 1,115 1,115 1,115 36,110 3.09% 1,115 Bank Fee / CC Fees 5,000 0.00% Transit Management - No Shore 20,000 0.00% Training 8,500 0.00% Travel 15,750 0.00% Events 230 230 230 230 4,150 5.53% 230 Taxes 10,000 0.00% Miscellaneous Expenses 107 107 107 107 5,000 2.14% 107Total Operating 37,114 37,114 37,114 37,114 651,109 5.70% 37,114

Actual vs BudgetGeneral Fund Activity

ATTACHMENT A


Tahoe Transportation DistrictGeneral Fund


Program YTD


DATE

Board Approved

Budget Var % District Ops

Actual vs BudgetGeneral Fund Activity

Capital Outlay Office & Equipment over $5000 Office & Equipment under $5000 30,000 0.00% CIP over $5000 Reimbursed Capital ExpensesTotal Capital Outlay 0 0 0 0 30,000 0.00% 0

Interest Interest Expense 45,000 0.00%Total Interest Expense 0 0 0 0 45,000 0.00% 0

Other Financing Sources Preventive Maint (In) Capital Outlay (In) Out Transfer (In) OutTotal Other Financing Sources 0 0 0 0 0 0.00% 0

TOTAL EXPENSES 37,114 37,114 37,114 37,114 726,109 5.11% 37,114

Increase/(Decrease) to Net Position 39,787 39,787 39,787 39,787 20,644 192.73% 39,787

ATTACHMENT A


Tahoe Transportation DistrictCIP Fund



DATE

Board Approved

Budget Var % US 50Water-bourne

Meeks / Fanny

Shelters / Equip / Security Bikeway

Rec Travel / Parking

Program Total

RevenuesCapital Grant & Contributions Public Lands Highways Discretionary (PLHD) 0 0.00% Scenic Byways 24,000 24,000 24,000 24,000 2,000,000 1.20% 24,000 24,000 Surface Transportation Program (STP) 17,793 17,793 17,793 17,793 3,010,704 0.59% 17,793 17,793 Active Transportation Program (ATP) 1,001,304 0.00% Federal Highways - Recreational Trails 168,570 0.00% Congestion Mitigation and Air Quality (CMAQ) 290,531 0.00% Enviornmental Improvement Program (EIP) 54,150 0.00% Prop 1B 703,251 0.00% Question 1 262,501 262,501 262,501 262,501 1,784,433 14.71% 262,501 262,501 Value Pricing Pilot Program (VVVP) 0 0 0 0 105,023 0.00% 0 0 Low Carbon Transit Operations 31,445 0.00% Contributions 6,373 6,373 6,373 6,373 1,944,846 0.33% 6,370 2 6,373Total Capital Grants & Contributions 310,667 310,667 310,667 310,667 11,094,257 2.80% 17,793 0 0 0 292,871 2 310,667

Special Items Interest Revenue 37 37 37 37 0 -100.00% 2 30 5 37Total Special Items 37 37 37 37 0 -100.00% 0 0 0 2 30 5 37

TOTAL REVENUES 310,704 310,704 310,704 310,704 11,094,257 2.80% 17,793 0 0 2 292,901 8 310,704

Expenses Personnel 7,791 7,791 7,791 7,791 589,257 1.32% 6,731 1,058 2 7,791 Contract Services 291,041 291,041 291,041 291,041 8,693,124 3.35% 10,389 280,651 291,041 Reproduction & Printing 1,500 0.00% Rent Meeting Room 14,200 0.00% Supplies 3,550 0.00% Advertising / Outreach 21,000 0.00% Postage 1,500 0.00% Professional Services 55,001 0.00% Training 0 0.00% Travel - Per Diem 1,200 0.00% Travel - Commercial Air 1,400 0.00% Travel - Auto 6,860 0.00% ICAP - 10% 11,835 11,835 11,835 11,835 95,970 12.33% 673 11,162 11,835Total Operating 310,667 310,667 310,667 310,667 9,484,562 3.28% 17,793 0 0 0 292,871 2 310,667

Capital Outlay Equipment over $5000 673,500 0.00% Equipment under $5000 36,195 0.00% CIP Over $5000 900,000 0.00% Reimb Capital Expenses (709,695) 0.00%Total Capital Outlay 0 0 0 0 900,000 0.00% 0 0 0 0 0 0 0

Other Financing Sources Preventive Maint (In) 0.00% Capital Outlay (In) Out 709,695 0.00% Transfer (In) Out 0.00%Total Other Financing Sources 0 0 0 0 709,695 0.00% 0 0 0 0 0 0 0

TOTAL EXPENSES 310,667 310,667 310,667 310,667 11,094,257 2.80% 17,793 0 0 0 292,871 2 310,667

Increase / (Decrease) to Fund Balance 37 37 37 37 0 -100.00% 0 0 0 2 30 5 37

Actual vs Budget Program YTDCIP Fund

ATTACHMENT A


Tahoe Transportation DistrictTransit Fund


1st Qtr Jul 1st QtrYEAR TO

DATE

Board Approved

Budget Var %S. Shore

Ops ESEMobility

MgmtProgram

TotalRevenuesGrants & Contributions

FTA 5311 54,240 54,240 54,240 54,240 1,537,650 3.53% 52,342 1,898 54,240

FTA 5307 95,272 95,272 95,272 95,272 2,168,541 4.39% 93,396 1,876 95,272

FTA 5310 4,974 4,974 4,974 4,974 149,532 3.33% 4,974 4,974

FTA 5339 94,543 0.00%

CMAQ - 5307 200,000 0.00%

Older Americans Act - Area 4 1,902 1,902 1,902 1,902 50,000 3.80% 1,902 1,902

CMAA-Cty Base Medi-Cal Adm Act 0.00%

TDA - LTF 75,975 75,975 75,975 75,975 911,692 8.33% 75,975 75,975

TDA - STA 23,417 23,417 23,417 23,417 280,993 8.33% 23,417 23,417

NV State Parks 23,458 23,458 23,458 23,458 85,000 27.60% 23,458 23,458

Low Carbon Transit Ops - CA 0 0.00%

Contributions 75,851 75,851 75,851 75,851 1,122,315 6.76% 72,316 3,535 75,851

Total Grants & Contributions 355,089 355,089 355,089 355,089 6,600,266 5.38% 317,446 23,458 14,185 355,089

Charges for Services

FareBox Revenue 50,802 50,802 50,802 50,802 506,632 10.03% 37,085 11,349 2,368 50,802

Pass Sales 10,220 10,220 10,220 10,220 105,000 9.73% 10,220 10,220

Advertising Revenue 0.00%

Total Charges for Services 61,022 61,022 61,022 61,022 611,632 9.98% 47,305 11,349 2,368 61,022

Special Items

Sale of Fixed Assets 0.00%

Miscellaneous 9 9 9 9 -100.00% 9 0 9

Insurance Claim Revenues 0.00%

Interest Revenue 17 17 17 17 500 3.40% 17 17

Total Special Items 26 26 26 26 500 5.20% 26 0 0 26

TOTAL REVENUES 416,137 416,137 416,137 416,137 7,212,398 5.77% 364,777 34,807 16,552 416,137

Expenses

Operating

Personnel 160,180 160,180 160,180 160,180 4,343,835 3.69% 139,667 10,349 10,164 160,180 Contract Services 1,555 1,555 1,555 1,555 30,607 5.08% 1,555 1,555 Vehicle Fuel 27,719 27,719 27,719 27,719 413,700 6.70% 22,332 4,413 973 27,719 Sales Tax on Fuel 4,000 0.00% Repair and Maintenance 54,952 54,952 54,952 54,952 515,663 10.66% 54,592 360 54,952 Insurance 31,189 31,189 31,189 31,189 403,746 7.72% 25,033 4,621 1,535 31,189 Reproduction & Printing 2,933 2,933 2,933 2,933 21,200 13.83% 2,931 2 2,933 Facility Rent 14,820 14,820 14,820 14,820 148,400 9.99% 10,365 3,940 516 14,820 Facility Utilities 2,532 2,532 2,532 2,532 58,930 4.30% 2,019 409 104 2,532 Telephone 2,028 2,028 2,028 2,028 36,343 5.58% 1,929 99 2,028

Actual vs Budget Program YTDTO Fund Activity

ATTACHMENT A




1st Qtr Jul 1st QtrYEAR TO

DATE

Board Approved

Budget Var %S. Shore

Ops ESEMobility

MgmtProgram

Total

Actual vs Budget Program YTDTO Fund Activity

Expenses Continued Supplies 9,561 9,561 9,561 9,561 98,550 9.70% 9,561 9,561 Advertising & Public Relations 104 104 104 104 38,050 0.27% 104 104 License & Permits 14 14 14 14 1,550 0.90% 14 14 Dues, Subscriptions and Publications 1,500 0.00% Professional Services 13,771 13,771 13,771 13,771 268,600 5.13% 6,730 7,041 13,771 Bank Fees 374 374 374 374 6,000 6.23% 374 374 Training 1,100 1,100 1,100 1,100 20,600 5.34% 1,100 1,100 Travel 1,195 1,195 1,195 1,195 33,450 3.57% 255 870 70 1,195 Reimbursed Travel 0 0.00% Miscellaneous Expenses 31 31 31 31 12,000 0.26% 31 31 FareBox Replacement 0 0.00% ICAP - 10% 24,337 24,337 24,337 24,337 485,429 5.01% 19,999 3,164 1,173 24,337 Depreciation Expense 57,727 57,727 57,727 57,727 684,000 8.44% 57,727 57,727Total Operating 406,121 406,121 406,121 406,121 7,626,153 5.33% 354,762 34,807 16,551 406,121

Capital Outlay Equipment under $5000 36,195 0.00% Disposal of Fixed Assets 0 0.00% Reimbursed Capital Expenses 0 0.00%Total Capital Outlay 0 0 0 0 36,195 0.00% 0 0 0 0

Other Financing Sources Preventive Maint (In) 0.00% Capital Outlay (In) Out (679,695) 0.00% Transfer (In) Out 0 0.00%Total Other Financing Sources (679,695) 0.00%

TOTAL EXPENSES 406,121 406,121 406,121 406,121 6,982,653 5.82% 354,762 34,807 16,551 406,121

Increase / Decrease) to Fund Balance 10,016 10,016 10,016 10,016 229,745 4.36% 10,015 0 1 10,016

ATTACHMENT A



Operations ScheduleJuly 1, 2017 through July 31, 2017

1st Qtr July 1st Qtr

DATE

Approved

Revenues

Grants & Contributions

FTA 5311 54,240 54,240 54,240 54,240 1,537,650

FTA 5307 95,272 95,272 95,272 95,272 2,168,541

FTA 5310 4,974 4,974 4,974 4,974 149,532

FTA 5339 94,543

CMAQ - 5307 200,000

Older Americans Act - Area 4 1,902 1,902 1,902 1,902 50,000

CMAA-Cty Base Medi-Cal Adm Act

TDA - LTF 75,975 75,975 75,975 75,975 911,692

TDA - STA 23,417 23,417 23,417 23,417 280,993

Nv State Parks 23,458 23,458 23,458 23,458 85,000

Low Carbon Transit Ops - CA 0

Contributions 75,851 75,851 75,851 75,851 1,122,315

Total Grants & Contributions 355,089 355,089 355,089 355,089 6,600,266

Charges for Services

FareBox Revenue 50,802 50,802 50,802 50,802 506,632

Pass Sales 10,220 10,220 10,220 10,220 105,000

Advertising Revenue

Total Charges for Services 61,022 61,022 61,022 61,022 611,632

Special Items

Sale of Fixed Assets

Miscellaneous 9 9 9 9

Insurance Claim Revenues

Interest Revenue 17 17 17 17 500

Total Special Items 26 26 26 26 500

TOTAL REVENUES 416,137 416,137 416,137 416,137 7,212,398

Expenses

Operating

Personnel 160,180 160,180 160,180 160,180 4,343,835

Contract Services 1,555 1,555 1,555 1,555 30,607

Vehicle Fuel 27,719 27,719 27,719 27,719 413,700

Sales Tax on Fuel 4,000

Repair and Maintenance 54,952 54,952 54,952 54,952 515,663

Insurance 31,189 31,189 31,189 31,189 403,746

Reproduction & Printing 2,933 2,933 2,933 2,933 21,200

Facility Rent 14,820 14,820 14,820 14,820 148,400

Facility Utilities 2,532 2,532 2,532 2,532 58,930

Telephone 2,028 2,028 2,028 2,028 36,343

Supplies 9,561 9,561 9,561 9,561 98,550

Advertising & Public Relations 104 104 104 104 38,050

License & Permits 14 14 14 14 1,550

Dues, Subscriptions and Publications 1,500

Professional Services 13,771 13,771 13,771 13,771 268,600

Bank Fees 374 374 374 374 6,000

Training 1,100 1,100 1,100 1,100 20,600

Travel 1,195 1,195 1,195 1,195 33,450

Reimbursed Travel 0

Miscellaneous Expenses 31 31 31 31 12,000

FareBox Replacement 0

ICAP - 10% 24,337 24,337 24,337 24,337 485,429

TOTAL EXPENSES 348,394 348,394 348,394 348,394 6,942,153

NET CASH 67,743 67,743 67,743 67,743 270,245

TO Fund Activity Actual vs Budget

ATTACHMENT A


GF/ja AGENDA ITEM: V.B.

MEMORANDUM Date: October 9, 2017 To: Tahoe Transportation District (TTD) Board of Directors From: TTD Staff Subject: Authorize the District Manager to Execute an Agreement with The Ridge Tahoe

Property Owners’ Association for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel

Action Requested: Staff requests the Board authorize the District Manager to execute an agreement with The Ridge Tahoe Property Owners’ Association (Ridge Resorts) for contributions to TTD to be executed substantially in the form as presented to the Board with such further revisions as are required by the District Manager and approved by District Legal Counsel. Fiscal Impact: All expenditures for this item are within the approved budget. Work Program Impact: All work associated with this effort is captured under respective elements of the existing Work Program and corresponding allotted staff time necessary for administration of the budget and operations. Background: Contributions may be used for, but not limited to, the provision of transit service, administrative costs, capital acquisition, and maintenance expenses. Historically, TTD has allocated contributions to both its general fund and transit operations. TTD provides public transportation within, and connecting to, the Lake Tahoe basin. For Fiscal Year 2018 (FY18), TTD is expecting to provide over 55,000 hours of service with an operating budget of approximately $6.9M (excluding depreciation). TTD’s funding is a mix of federal, state, and local sources, including private contributions. Contributions represent a good faith effort to maintain transit service for residents and visitors by providing funding to leverage state and federal dollars. Private contributors are motivated by a commitment to support public transit’s ability to mitigate traffic. Private funding is leveraged with federal and state grants to attract more funding to the overall system. This helps TTD meet the


GF/ja AGENDA ITEM: V.B.

goals of the Regional Transportation Plan by reducing Vehicle Miles Traveled and Greenhouse Gas emissions. Discussion: The Ridge Resorts has partnered with TTD since 2010. The Ridge Resorts’ annual contribution has been $140,634, which TTD has used as general fund and transit operations fund. Without a mechanism for annual increases, the real value of the contribution has been reduced through inflation. Staff approached The Ridge Resorts this summer and negotiated a draft agreement (Attachment A). The agreement includes an approximate 12% increase in contribution for FY18 and a 5% annual increase thereafter, as well as an additional annual increase tied to the consumer price index (CPI). The Ridge Resorts and TTD staffs have committed to work together staying in touch on any service changes. The Ridge staff keeps TTD apprised of rider comments and suggestions. The agreement also clarifies roles and responsibilities and encourages wider collaboration with stakeholders in the community. The draft agreement is in near final form. Staff is requesting the Board authorize the District Manager to complete the agreement process and execute it. Additional Information: If you have any questions or comments regarding this item, please contact George Fink at (775) 589-5325 or [email protected]. Attachment:

A. Draft agreement


mailto:[email protected]


MEMORANDUM OF UNDERSTANDING FOR FUNDING

This Funding Agreement (“Agreement”), by and between The Ridge Tahoe Property Owners’ Association (“Entity”) and the Tahoe Transportation District (“TTD”) (collectively referred to as the “parties”), is dated and effective as of November 1, 2017.

Recitals

WHEREAS, TTD is a Special Purpose District created by Article IX of the Tahoe Regional Planning Compact (“Compact”), has broad and exclusive jurisdiction to own and operate a regional transit system within the Lake Tahoe Basin, and is eligible to apply for and receive state and federal grants; and

WHEREAS, Article IX of the Compact provides that the business of TTD shall be

managed by a board of directors consisting of one member of the County Board of Supervisors of each of the counties of El Dorado and Placer, one member of the City Council of the City of South Lake Tahoe, one member each of the Board of County Commissioners of Douglas County and of Washoe County, one member of the Board of Supervisors of Carson City, one member of the South Shore Transportation Management Association, one member of the North Shore Transportation Management Association, one member of each local transportation district in the region that is authorized by the State of Nevada or the State of California, one member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region, the director of the California Department of Transportation, and the director of the Department of Transportation of the State of Nevada; and

WHEREAS, Article IX of the Compact provides TTD may, by resolution, establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities; and

WHEREAS, Article IX of the Compact provides TTD may in accordance with the adopted

transportation plan own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region; own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment; acquire or agree to operate upon mutually agreeable terms any public transportation system or facility within the region; contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region; fix the rates and charges for transit services provided pursuant to this subdivision; and issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system; and

ATTACHMENT A

GF/ja AGENDA ITEM: V.B.TTD Board Meeting Packet - October 13, 2017 - Page 15 -

WHEREAS, TTD, in accordance with Article IX of the Compact, will operate and administer public transportation services for the South Lake Tahoe Area; and

WHEREAS, the public transportation system for the South Lake Tahoe area administered

by TTD includes the provision of regularly scheduled service linking the Ridge Resort with the South Lake Tahoe area; and

WHEREAS, the TTD’s fiscal year runs from July 1 of each calendar to June 30 of the

following calendar year (each a “Fiscal Year”).

NOW THEREFORE, in consideration of the agreements herein made, the parties mutually agree as follows:

1. Service Plan.

TTD operates and administers the transit system to provide regularly scheduled public

transportation service linking The Ridge Resorts with the Kingsbury and Stateline Transit Centers, and other location(s), with supplemental service during peak periods (hereinafter the “Service Plan.”) The Service Plan is free to employees, and guests of the Entity and employees and guests of companies related to the Entity (e.g. Resorts West, Resort Investment Capital, Resort Realty). The Entity agrees to abide by all terms and conditions pertaining to TTD’s fare program.

A “peak period” means a pre-planned and budgeted increase (supplemental service) in

the Service Plan to meet anticipated high ridership demand (e.g. holidays and winter breaks). TTD shall make all reasonable efforts to provide the necessary level of service for these peak periods. If an operational condition will affect the Service Plan, TTD shall provide the maximum notice possible to Entity’s designee(s).

TTD will determine the routes, service hours, service levels, and specific areas served by

the Service Plan in consultation with the Entity. The routes, service hours, and specific areas served by the Service Plan will be noted in TTD’s published transit schedule. The Entity acknowledges that full execution of TTD’s published transit schedule is subject to available funding. As a result, changes to transit service may occur. Prior to the implementation of any to the Service Plan, TTD will notify the Entity.

The Entity and TTD both have responsibilities to provide safe operations. The Entity

shall be responsible for maintaining a clear path of travel through their private property and public parking areas of no less than twenty (20) feet wide for buses to navigate safely. If travel lanes drop below twenty feet wide, TTD, at its sole discretion, may suspend or cancel service in those areas until the unsafe condition(s) are corrected. TTD will continuously monitor conditions for safe operations. If unsafe conditions develop, TTD, at its sole discretion, will suspend or cancel service in those areas until the unsafe condition(s) are corrected.

ATTACHMENT A


TTD and the Entity shall work together to liaise with the Heavenly, Kingsbury General Improvement District, and Douglas County to coordinate traffic control, snow removal, and parking enforcement in support of transit service.

2. Funding.

The Entity agrees to contribute $158,000 for TTD’s Fiscal Year 2017-2018 (hereinafter the “Contribution Amount.”) The contribution amount for future Fiscal Years shall be the amount of the prior year plus five percent (+5%), plus the annual California Consumer Price Index for Urban Wage Earners and Clerical Workers (CCPI-U) percentage as calculated by the California Department of Industrial Relations (e.g. prior year x CCPI-U% = current year contribution).

The contribution amount shall be due in four (4) equal quarterly installments payable on

July 1, October 1, January 1, and March 1 of each Fiscal Year. If the Entity fails to provide TTD with the full contribution amount owed by a payment date, TTD will provide written notification to the Entity that the payment is overdue. If the Entity fails to make the overdue payment within thirty (30) days from the date of the notification, TTD may terminate this Agreement.

The Entity and understands and agrees that use, expenditure, disbursement and

encumbrance of the contribution amount may be made for any purpose that TTD deems necessary and appropriate. The Entity shall not direct the use, expenditure, disbursement or encumbrance of the contribution amount.

3. Management and Oversight. The TTD Board of Directors is the governing body and administering agency of the public

transportation system. The Entity recognizes that TTD is governed by a Board of Directors authorized by PL 96-551, and that said Board is the governing body of TTD and is responsible for establishing policies and taking actions necessary and appropriate to operating the public transportation system. The District Manager and Staff of TTD are responsible for the implementation of the policies and actions approved by the TTD Board of Directors.

TTD shall have sole discretion in and sole responsibility for day-to-day management of

the public transportation system, including but not limited to managing and altering service plans, routes, policies, schedules, fares, personnel matters, maintenance, repairing and insuring all vehicles, determining which vehicles shall be utilized, and all other aspects of the public transportation system. TTD shall exercise such discretion and authority in accordance with the service identified in published schedules.

ATTACHMENT A


4. Assignment.

The parties shall not assign, transfer, or delegate any rights, obligations, or duties under this Agreement without prior written consent of the party. Consent shall not be unreasonable withheld by either party.

5. Mutual Indemnification. TTD agrees to indemnify and save and hold harmless the Entity, its officers, agents,

employees, owners, corporate affiliates, contractors, volunteers or consultants, from any and all claims, cause of action, liabilities, expenses, and costs, including reasonable attorney’s fees and costs, relating to the injury or death of any person or damage to property arising out of, connected with, or sustained as a result of TTD’s willful or negligent acts, errors or omissions or those of its employees or agents.

The Entity agrees to indemnify and save and hold harmless TTD, its officers, agents,

employees, owners, corporate affiliates, contractors, volunteers or consultants, from any and all claims, cause of action, liabilities, expenses, and costs, including reasonable attorney’s fees and costs, relating to the injury or death of any person or damage to property arising out of, connected with, or sustained as a result of the Entity’s willful or negligent acts, errors or omissions or those of its employees or agents.

6. Term of Agreement. This Agreement shall be valid and enforceable for a period of three (3) Fiscal Years, with

the final Fiscal Year ending on June 30, 2020, unless extended by written amendment, terminated, or canceled in accordance with the terms of this Agreement.

7. Termination of Agreement.

Either party may terminate this Agreement without cause by giving one hundred twenty

(120) days advance written notice to the other party. The written notice must expressly identify the effective date of termination. Any notice of termination shall be sent to the other party as proscribed in Section 19 hereof.

The Entity recognizes and accepts that TTD is dependent upon state and federal grants

and private funding agreements and that failure to receive sufficient sources of funding may require TTD to terminate this Agreement. In the event that TTD does not receive the funding necessary to perform in accordance with the terms of this Agreement, this Agreement shall terminate and the Entity shall pay all amounts due and owing.

ATTACHMENT A


8. Applicable Law; Jurisdiction and Venue. The law of the State of Nevada, without regard to conflicts of law principles, shall

govern the interpretation and enforcement of this Agreement. All actions brought to enforce this Agreement or arising from this Agreement shall be brought in the Ninth Judicial District Court of Nevada.

9. Attorneys’ Fees and Costs.

In the event that any legal proceeding including but not limited to arbitration, mediation, and/or lawsuit, arising from or relating to this Agreement, occurs or is filed, each party agrees to pay his own attorneys fees and costs incurred in the pursuit and defense of the legal matter. There shall be no presumption for or against the drafter in interpreting or enforcing this Agreement.

10. Compliance with Applicable Laws. The parties shall fully and completely comply with all applicable locate, state, and

federal laws, regulations, orders, or requirements of any sort in carrying out the obligations of this Agreement.

11. Construction of Agreement.

Titles and headlines of this Agreement are intended for editorial convenience and are not to be construed as a part of this Agreement.

The word “include” or including” is not intended as a limitation and shall be construed

to include the words “but not limited to.”

Any reference to the masculine genders includes, where appropriate in the context, the feminine gender. Any term in the singular includes, where appropriate in the context, the plural.

Any reference to any law, document, or contract includes all amendments and changes

thereto.

The parties hereto were each advised by counsel in drafting and negotiating this Agreement, and both parties contributed to its contents. No presumptions against or in favor of either party are appropriate based on who drafted this Agreement or any provision herein or attached hereto

ATTACHMENT A


12. Authority to Execute and Implement. Each person who signs this Agreement warrants and represents that he has the legal

capacity to enter into this Agreement and if signing in a representative capacity, has the actual authority to bind the principal for which he signs and that his signature has the effect of binding the principal. Each person signing this Agreement hereby certifies that he is authorized by his respective governing body to enter into the terms and conditions set forth herein.

13. Entire Agreement. This Agreement (together with attachments and documents incorporated by reference)

integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect of all or any part of the subject matter hereof.

14. No Third-Party Beneficiaries. This Agreement is for the exclusive benefit of the parties hereto and nothing contained

herein shall be construed as granting, vesting, creating or conferring any right or cause of action on any third party.

15. Modifications and Amendments.

This Agreement may only be modified or amended by a written amendment or

modification signed by all parties and approved by the TTD Board of Directors.

16. Severability.

The illegality or invalidity of any provision or portion of this Agreement shall not affect the validity of the remainder of the Agreement and this Agreement shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of the Agreement unenforceable.

17. Notices.

All notices or other communications required or permitted to be given under this Agreement, unless otherwise provided herein, shall be in writing and deemed to have been duly given three (3) days after mailing by the United States, postage prepaid, first class mail, return receipt requested, addressed as follows:

ATTACHMENT A


Tahoe Transportation District (TTD):

Transit System Program Manager Tahoe Transportation District PO Box 499 Zephyr Cove, NV 89448

Entity:

The Ridge Tahoe Property Owners’ Association – Senior VP PO Box 5790 Stateline, NV 89449

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and

intend to be legally bound thereby. ____________________________________ ______________ Carl Hasty Date District Manager Tahoe Transportation District ____________________________________ ______________ Sam Slack – Senior Vice President Date The Ridge Tahoe Property Owner’s Association

ATTACHMENT A


GF/ja AGENDA ITEM: V.C.

MEMORANDUM Date: October 9, 2017 To: Tahoe Transportation District (TTD) Board of Directors From: TTD Staff Subject: Authorize the District Manager to Execute an Agreement with Lake Tahoe

Community College for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel

Action Requested: Staff requests the Board authorize the District Manager complete and execute an agreement with the Lake Tahoe Community College (LTCC) for contributions to TTD to be executed substantially in the form as presented to the Board with such further revisions as are required by the District Manager and approved by District Legal Counsel. Fiscal Impact: All expenditures for this item are within the approved budget. Work Program Impact: All work associated with this effort is captured under respective elements of the existing Work Program and corresponding allotted staff time necessary for administration of the budget and operations. Background: Contributions may be used for, but not limited to, the provision of transit service, administrative costs, capital acquisition, and maintenance expenses. Historically, TTD has allocated contributions to its general fund and transit operations fund. TTD provides public transportation within, and connecting to, the Lake Tahoe basin. For Fiscal Year 2018 (FY18), TTD is expecting to provide over 55,000 hours of service with an operating budget of approximately $6.9M (excluding depreciation). TTD’s funding is a mix of federal, state, and local sources, including private contributions. Contributions represent a good faith effort to maintain transit service for residents and visitors by providing funding to leverage state and federal dollars. Private contributors are motivated by a commitment to support public transit’s ability to mitigate traffic. Private funding is leveraged with federal and state grants to attract more funding to the overall system. This helps TTD meet the


GF/ja AGENDA ITEM: V.C.

goals of the Regional Transportation Plan by reducing Vehicle Miles Traveled and Greenhouse Gas emissions. Discussion: Staff was approached during the summer by LTCC staff to explore the possibility of providing free-to-user transit for current LTCC student identification cardholders for the 2017-2018 academic year. TTD explained that no data exists to determine the current student transit usage frequency, so the impact of lost fare revenue would be impossible to model accurately. LTCC understood there is a cost to free-to-student transit and agreed to contribute $36,000 to mitigate administrative, operational, and capital costs associated with this pilot program. LTCC’s contribution reflects pilot pricing based on staff’s knowledge and estimate of student use. As part of the pilot, TTD has agreed to track usage by LTCC students and that data collection will be part of this pilot. LTCC and TTD will meet periodically during the academic year to assess the program. The agreement also clarifies roles and responsibilities; provides for mutual aid in the event of emergencies; and encourages wide collaboration with stakeholders in the community. The agreement (Attachment A) is in near final draft form. Staff is requesting the Board authorize the District Manager to complete the agreement process and execute it with LTCC. Additional Information: If you have any questions or comments regarding this item, please contact George Fink at (775) 589-5325 or [email protected]. Attachment:

A. Draft Agreement




Funding Agreement Page 1 of 7


This Funding Agreement (“Agreement”), by and between Lake Tahoe Community College, (“Entity”) and the Tahoe Transportation District (“TTD”) (collectively referred to as the “parties”), is dated and effective as of November 1, 2017.

Recitals

WHEREAS TTD is a Special Purpose District created by Article IX of the Tahoe Regional Planning Compact (“Compact”), has broad and potentially exclusive jurisdiction to own and operate a regional transit system within the Lake Tahoe Basin, and is eligible to apply for and receive state and federal grants; and

WHEREAS Article IX of the Compact provides that the business of TTD shall be managed by a board of directors consisting of one member of the County Board of Supervisors of each of the counties of El Dorado and Placer, one member of the City Council of the City of South Lake Tahoe, one member each of the Board of County Commissioners of Douglas County and of Washoe County, one member of the Board of Supervisors of Carson City, one member of the South Shore Transportation Management Association, one member of the North Shore Transportation Management Association, one member of each local transportation district in the region that is authorized by the State of Nevada or the State of California, one member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region, the director of the California Department of Transportation, and the director of the Department of Transportation of the State of Nevada; and

WHEREAS Article IX of the Compact provides TTD may, by resolution, establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities; and

WHEREAS Article IX of the Compact provides TTD may, in accordance with the adopted transportation plan, own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region; own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment; acquire or agree to operate upon mutually agreeable terms any public transportation system or facility within the region; contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region; fix the rates and charges for transit services provided pursuant to this subdivision; and issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system; and

ATTACHMENT A

GF/ja AGENDA ITEM: V.C.TTD Board Meeting Packet - October 13, 2017 - Page 24 -


WHEREAS TTD, in accordance with Article IX of the Compact, operates and administers a public transportation system for the South Lake Tahoe area; and


by TTD includes the provision of regularly scheduled service linking the Lake Tahoe Community College Campus with the South Lake Tahoe area; and

WHEREAS, the TTD’s fiscal year runs from July 1 of each calendar to June 30 of the following calendar year (each a “Fiscal Year”).


1. The Service Plan. TTD operates and administers the transit system to provide regularly scheduled public

transportation service linking Lake Tahoe Community College with the South Lake Tahoe area (hereinafter the “Service Plan.”) The Service Plan is free to riders possessing a valid Lake Tahoe Community College identification card.

TTD will determine the routes, service hours, service levels, and specific areas served by

the Service Plan in consultation with the Entity. The routes, service hours, and specific areas served will be noted in TTD’s published schedules. The Entity acknowledges that public transit service levels are subject to available funding. As a result, changes to transit service may occur. Prior to the implementation of any changes in the Service Plan, TTD will notify the Entity.



TTD and the Entity shall work together to liaise with the City of South Lake Tahoe Public

Works, Police, and City Manager’s Office to coordinate traffic control, snow removal, and parking enforcement in support of transit service.

2. Funding. The Entity agrees to contribute $36,000 for the academic year 2017 – 2018 ending June

30, 2018 (hereinafter the “Contribution Amount”). The contribution amount shall be due by November 30, 2017. If the Entity fails to

provide TTD with the full contribution amount owed by the payment date, TTD will provide

ATTACHMENT A



written notification to the Entity that the payment is overdue. If the Entity fails to make the overdue payment within thirty (30) days from the date of the notification, TTD may terminate this Agreement.

The Entity understands and agrees that use, expenditure, disbursement and


3. Transit Access. Persons with a current/valid Lake Tahoe Community College Identification (LTCC ID) card

for the academic year 2017-2018 will be allowed to ride all local transit services at no charge during the Lake Tahoe Community College academic year ending June 30, 2018. LTCC ID cardholders shall be charged the standard fare for all out-of-basin transit services (i.e. commuter and valley routes).

4. Management and Oversight. The TTD Board of Directors is the governing body and administering agency of the public

transportation system. The Entity recognizes that TTD is governed by a Board of Directors authorized by PL 96-551, and that said Board is the governing body of TTD and is responsible for establishing policies and taking actions necessary and appropriate to operating the public transportation system. The District Manager and Staff of TTD are responsible for the implementation of the policies and actions approved by the TTD Board of Directors.


the public transportation system, including but not limited to managing and altering service plans, routes, policies, schedules, fares, personnel matters, maintenance, repairing and insuring all vehicles, determining which vehicles shall be utilized, and all other aspects of the public transportation system. TTD shall exercise such discretion and authority in accordance with scheduled services.

5. Assignment. The parties shall not assign, transfer, or delegate any rights, obligations, or duties under

this Agreement without prior written consent of the party. Consent shall not be unreasonably withheld by either party.

6. Mutual Indemnification. TTD agrees to indemnify and save and hold harmless the Entity, its officers, agents,

employees, owners, corporate affiliates, contractors, volunteers or consultants, from any and all claims, cause of action, liabilities, expenses, and costs, including reasonable attorney’s fees and costs, relating to the injury or death of any person or damage to property arising out of,

ATTACHMENT A



connected with, or sustained as a result of TTD’s willful or negligent acts, errors or omissions or those of its employees or agents.



7. Term of Agreement. This Agreement shall be valid and enforceable for the academic year 2017-2018 ending

on June 30, 2018, unless extended by written amendment, terminated, or canceled in accordance with the terms of this Agreement.

8. Termination of Agreement. Either party may terminate this Agreement without cause by giving one hundred twenty

(120) days advance written notice to the other party. The written notice must expressly identify the effective date of termination. Any notice of termination shall be sent to the other party as proscribed in Section 19 hereof.



9. Applicable Law; Jurisdiction and Venue. The law of the State of Nevada, without regard to conflicts of law principles, shall govern

the interpretation and enforcement of this Agreement. All actions brought to enforce this Agreement or arising from this Agreement shall be brought in the Ninth Judicial District Court of Nevada.

10. Attorneys’ Fees and Costs. In the event that any legal proceeding, including but not limited to arbitration,

mediation, and/or lawsuit, arising from or relating to this Agreement, occurs or is filed, each party agrees to pay his own attorney’s fees and costs incurred in the pursuit and defense of the legal matter. There shall be no presumption for or against the drafter in interpreting or enforcing this Agreement.

ATTACHMENT A



11. Compliance with Applicable Laws. The parties shall fully and completely comply with all applicable local, state, and federal

laws, regulations, orders, or requirements of any sort in carrying out the obligations of this Agreement.

12. Construction of Agreement. Titles and headlines of this Agreement are intended for editorial convenience and are

not to be construed as a part of this Agreement. The word “include” or “including” is not intended as a limitation and shall be construed

to include the words “but not limited to.” Any reference to the masculine gender includes, where appropriate in the context, the

feminine gender. Any term in the singular includes, where appropriate in the context, the plural.


thereto. The parties hereto were each advised by counsel in drafting and negotiating this

Agreement, and both parties contributed to its contents. No presumptions against or in favor of either party are appropriate based on who drafted this Agreement or any provision herein or attached hereto.





15. Modifications and Amendments. This Agreement may only be modified or amended by a written amendment or

modification signed by all parties and approved by the TTD Board of Directors.

ATTACHMENT A



16. Severability. The illegality or invalidity of any provision or portion of this Agreement shall not affect

the validity of the remainder of the Agreement and this Agreement shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of the Agreement unenforceable.

17. Notices. All notices or other communications required or permitted to be given under this

Agreement, unless otherwise provided herein, shall be in writing and deemed to have been duly given three (3) days after mailing by the United States, postage prepaid, first class mail, return receipt requested, addressed as follows: TTD: Transit System Program Manager

Tahoe Transportation District PO Box 499 Zephyr Cove, NV 89448

Entity: Director ADVANCE Lake Tahoe Community College 1 College Drive South Lake Tahoe, CA 96150 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and intend to be legally bound thereby. Tahoe Transportation District Carl Hasty District Manager Lake Tahoe Community College Frank Gerdeman Director ADVANCE

ATTACHMENT A


GF/ja AGENDA ITEM: V.D.

MEMORANDUM Date: October 9, 2017 To: Tahoe Transportation District (TTD) Board of Directors From: TTD Staff Subject: Authorize the District Manager to Execute an Agreement with Heavenly

Valley, Limited Partnership, for Contributions to TTD to be Executed Substantially in the Form as Presented to the Board With Such Further Revisions as are Required by the District Manager and Approved by District Legal Counsel

Action Requested: Staff requests the Board authorize the District Manager execute an agreement with Heavenly Valley, Limited Partnership (Heavenly) for contributions to TTD to be executed substantially in form as presented to the Board with such further revisions as are required by the District Manager and approved by District Legal Counsel. Fiscal Impact: All expenditures for this item are within the approved budget. Work Program Impact: All work associated with this effort is captured under respective elements of the existing Work Program and corresponding allotted staff time necessary for administration of the budget and operations. Background: Contributions may be used for, but not limited to, the provision of transit service, administrative costs, capital acquisition, and maintenance expenses. Historically, TTD has allocated contributions to both its general fund and transit operations. TTD provides public transportation within, and connecting to, the Lake Tahoe basin. For Fiscal Year 2018 (FY18), TTD is expecting to provide over 55,000 hours of service with an operating budget of approximately $6.9M (excluding depreciation). TTD’s funding is a mix of federal, state, and local sources, including private contributions. Contributions represent a good faith effort to maintain transit service for residents and visitors by providing funding to leverage state and federal dollars. Private contributors are motivated by a commitment to support public transit’s ability to mitigate traffic. Private funding is leveraged with federal and state grants to attract more funding to the overall system. This helps TTD meet the


GF/ja AGENDA ITEM: V.D.

goals of the Regional Transportation Plan by reducing Vehicle Miles Traveled and Greenhouse Gas emissions. Discussion: Heavenly is a key private contributor and partner with TTD’s. As a major traffic generator, Heavenly has a long history of commitment to public transportation in South Lake Tahoe. Since 2010, Heavenly has contributed $850,000 annually to TTD, which it has used as part of its transit service operations budget. Without a mechanism for annual increases, the real value of the contribution has been reduced through inflation. Staff approached Heavenly during the summer and negotiated a draft agreement (Attachment A). The agreement includes an approximate 12% increase in contribution to $950,000 for FY18 and a 5% annual increase thereafter, as well as an additional annual increase tied to the consumer price index (CPI). Heavenly and TTD staff agree to jointly design TTD’s winter schedule each fall to ensure safe and efficient operations, apply lessons learned from the previous season, and make adjustments based on Heavenly’s winter operations plan. The agreement also clarifies roles and responsibilities; provides for mutual aid in the event of emergencies; and encourages wider collaboration with stakeholders in the community. The attached agreement is in near final draft form. Staff recommends that the Board authorize the District Manager to complete the discussion and execute the agreement. Additional Information: If you have any questions or comments regarding this item, please contact George Fink at (775) 589-5325 or [email protected]. Attachment:

A. Draft Agreement






This Funding Agreement (“Agreement”), by and between Heavenly Valley, Limited Partnership, a Nevada Limited Partnership (“Entity”) and the Tahoe Transportation District (“TTD”) (collectively referred to as the “parties”), is dated and effective as of November 1, 2017.

Recitals

WHEREAS TTD is a Special Purpose District created by Article IX of the Tahoe Regional Planning Compact (“Compact”), has broad and potentially exclusive jurisdiction to own and operate a regional transit system within the Lake Tahoe Basin, and is eligible to apply for and receive state and federal grants; and

WHEREAS Article IX of the Compact provides that the business of TTD shall be managed by a board of directors consisting of one member of the County Board of Supervisors of each of the counties of El Dorado and Placer, one member of the City Council of the City of South Lake Tahoe, one member each of the Board of County Commissioners of Douglas County and of Washoe County, one member of the Board of Supervisors of Carson City, one member of the South Shore Transportation Management Association, one member of the North Shore Transportation Management Association, one member of each local transportation district in the region that is authorized by the State of Nevada or the State of California, one member appointed by a majority of the other voting directors who represents a public or private transportation system operating in the region, the director of the California Department of Transportation, and the director of the Department of Transportation of the State of Nevada; and

WHEREAS Article IX of the Compact provides TTD may, by resolution, establish procedures for the adoption of its budgets, the appropriation of its money and the carrying on of its other financial activities; and

WHEREAS Article IX of the Compact provides TTD may, in accordance with the adopted transportation plan, own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region; own and operate support facilities for public and private systems of transportation, including, but not limited to, parking lots, terminals, facilities for maintenance, devices for the collection of revenue and other related equipment; acquire or agree to operate upon mutually agreeable terms any public transportation system or facility within the region; contract with private companies to provide supplementary transportation or provide any of the services needed in operating a system of transportation for the region; fix the rates and charges for transit services provided pursuant to this subdivision; and issue revenue bonds and other evidence of indebtedness and make other financial arrangements appropriate for developing and operating a public transportation system; and

ATTACHMENT A

GF/ja AGENDA ITEM: V.D.TTD Board Meeting Packet - October 13, 2017 - Page 32 -


WHEREAS TTD, in accordance with Article IX of the Compact, operates and administers a public transportation system for the South Lake Tahoe area; and


by TTD includes the provision of regularly scheduled service linking multiple areas of Heavenly Ski Resort, located in South Lake Tahoe, CA and Stateline, NV; and

WHEREAS, the TTD’s fiscal year runs from July 1 of each calendar to June 30 of the following calendar year (each a “Fiscal Year”).


1. The Service Plan. TTD operates and administers the transit system to provide regularly scheduled winter

public transportation service linking the Heavenly Village Gondola, California Base Lodge, Boulder Lodge, Stagecoach Lodge, and other location(s), with supplemental service during peak periods (hereinafter the “Service Plan.”) The Service Plan is free to riders.

A “peak period” means a pre-planned and budgeted increase (supplemental service) in

the Service Plan to meet anticipated high ridership demand (e.g. holidays and winter breaks). TTD shall make all reasonable efforts to provide the planned level of service for these peak periods. If an operational condition will affect the Service Plan, TTD shall provide the maximum notice possible to Entity’s Director of Base Area Operations and his/her designee(s).

TTD determines and will continue to determine and set the routes, service hours, service

levels, and specific areas served by the Service Plan in consultation with the Entity. The routes, service hours, and specific areas served by the Service Plan will be noted in TTD’s Winter Shuttle Guide. The Entity acknowledges that full execution of the Winter Shuttle Guide is subject to available funding. As a result, changes to transit service may occur. Prior to the implementation of any service changes, TTD will notify the Entity.



TTD and the Entity shall work together to liaise with the City of South Lake Tahoe for

coordinating sand/cinder deployment in parking areas and the intersection of Needle Peak Road and Wildwood Avenue in South Lake Tahoe.

ATTACHMENT A



TTD and the Entity shall work together to liaise with the City of South Lake Tahoe Public Works, Police, and City Manager’s Office to coordinate traffic control, snow removal, and parking enforcement in support of transit service.

TTD and the Entity shall work together to liaise with the Ridge Resorts, Kingsbury

General Improvement District, and Douglas County to coordinate traffic control, snow removal, and parking enforcement in support of transit service.

2. Funding. The Entity agrees to contribute $950,000 for the first Fiscal Year (hereinafter the

“Contribution Amount.”) The contribution amount for future Fiscal Years shall be the amount of the prior year plus five percent (+5%), plus the annual California Consumer Price Index for Urban Wage Earners and Clerical Workers (CCPI-U) percentage as calculated by the California Department of Industrial Relations (e.g. prior year x CCPI-U% = current year contribution).

The contribution amount shall be due in six (6) equal monthly installments payable on

November 1, December 1, January 1, February 1, March 1 and April 1 of each Fiscal Year. If the Entity fails to provide TTD with the full contribution amount owed by a payment date, TTD will provide written notification to the Entity that the payment is overdue. If the Entity fails to make the overdue payment within thirty (30) days from the date of the notification, TTD may terminate this Agreement.

The Entity understands and agrees that use, expenditure, disbursement and


3. Transit Access. Employees of the Entity with a valid employee identification badge or Heavenly issued

uniform will be allowed to ride all local transit services at no charge during the period designated in the Winter Shuttle Guide. Employees of the Entity shall be charged the standard fare for all out-of-basin transit services (i.e. commuter and valley routes). The Entity agrees to make a reasonable effort to confiscate employee identification badges and uniforms from employees upon termination or separation.

The Entity will allow TTD to use the parking lots at California Base Lodge and Boulder

Lodge for driver training purposes as needed at mutually agreed upon times. 4. Management and Oversight. The TTD Board of Directors is the governing body and administering agency of the public

transportation system. The Entity recognizes that TTD is governed by a Board of Directors

ATTACHMENT A



authorized by PL 96-551, and that said Board is the governing body of TTD and is responsible for establishing policies and taking actions necessary and appropriate to operating the public transportation system. The District Manager and Staff of TTD are responsible for the implementation of the policies and actions approved by the TTD Board of Directors.


the public transportation system, including but not limited to managing and altering service plans, routes, policies, schedules, fares, personnel matters, maintenance, repairing and insuring all vehicles, determining which vehicles shall be utilized, and all other aspects of the public transportation system. TTD shall exercise such discretion and authority in accordance with the service identified in the Winter Shuttle Guide.

6. Assignment. The parties shall not assign, transfer, or delegate any rights, obligations, or duties under

this Agreement without prior written consent of the party. Consent shall not be unreasonably withheld by either party.

7. Mutual Indemnification. TTD agrees to indemnify, save and hold harmless the Entity, its officers, agents,

employees, owners, corporate affiliates, contractors, volunteers or consultants, from any and all claims, cause of action, liabilities, expenses, and costs, including reasonable attorney’s fees and costs, relating to the injury or death of any person or damage to property arising out of, connected with, or sustained as a result of TTD’s willful or negligent acts, errors or omissions or those of its employees or agents.



8. Term of Agreement. This Agreement shall be valid and enforceable for a period of three (3) Fiscal Years, with

the final Fiscal Year ending on June 30, 2020, unless extended by written amendment, terminated, or canceled in accordance with the terms of this Agreement.

9. Termination of Agreement. Either party may terminate this Agreement without cause by giving one hundred twenty

(120) days advance written notice to the other party. The written notice must expressly identify

ATTACHMENT A



the effective date of termination. Any notice of termination shall be sent to the other party as proscribed in Section 19 hereof.



10. Applicable Law; Jurisdiction and Venue. The law of the State of Nevada, without regard to conflicts of law principles, shall govern

the interpretation and enforcement of this Agreement. All actions brought to enforce this Agreement or arising from this Agreement shall be brought in the Ninth Judicial District Court of Nevada.

11. Attorneys’ Fees and Costs. In the event that any legal proceeding, including but not limited to arbitration,

mediation, and/or lawsuit, arising from or relating to this Agreement, occurs or is filed, each party agrees to pay his own attorney’s fees and costs incurred in the pursuit and defense of the legal matter. There shall be no presumption for or against the drafter in interpreting or enforcing this Agreement.

12. Compliance with Applicable Laws. The parties shall fully and completely comply with all applicable local, state, and federal

laws, regulations, orders, or requirements of any sort in carrying out the obligations of this Agreement.

13. Construction of Agreement. Titles and headlines of this Agreement are intended for editorial convenience and are

not to be construed as a part of this Agreement. The word “include” or “including” is not intended as a limitation and shall be construed

to include the words “but not limited to.” Any reference to the masculine gender includes, where appropriate in the context, the

feminine gender. Any term in the singular includes, where appropriate in the context, the plural.


thereto.

ATTACHMENT A



The parties hereto were each advised by counsel in drafting and negotiating this Agreement, and both parties contributed to its contents. No presumptions against or in favor of either party are appropriate based on who drafted this Agreement or any provision herein or attached hereto.





16. Modifications and Amendments. This Agreement may only be modified or amended by a written amendment or

modification signed by all parties and approved by the TTD Board of Directors. 17. Severability. The illegality or invalidity of any provision or portion of this Agreement shall not affect

the validity of the remainder of the Agreement and this Agreement shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of the Agreement unenforceable.

18. Notices. All notices or other communications required or permitted to be given under this

Agreement, unless otherwise provided herein, shall be in writing and deemed to have been duly given three (3) days after mailing by the United States, postage prepaid, first class mail, return receipt requested, addressed as follows: TTD: Transit System Program Manager

Tahoe Transportation District PO Box 499 Zephyr Cove, NV 89448

ATTACHMENT A



Entity: Director of Base Area Operations Heavenly Valley, Limited Partnership· PO Box 2180 Stateline, NV 89449 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed and intend to be legally bound thereby. Tahoe Transportation District Carl Hasty District Manager Heavenly Valley, Limited Partnership a Nevada Limited Partnership Mike Goar Vice President

ATTACHMENT A


GF/ja AGENDA ITEM: VI.A.

MEMORANDUM Date: October 9, 2017 To: Tahoe Transportation District (TTD) Board of Directors From: TTD Staff Subject: Authorize the District Manager to Execute Right-of-Entry Agreements for Non-

TTD Users of Facilities Controlled by TTD for Purposes of Safe Operations and Risk Limitations

Action Requested: Staff requests the Board authorize the District Manager to execute Right-of-Entry agreements (Attachment A) for TTD controlled properties to help ensure safe operations and limit to risk. Fiscal Impact: All expenditures for this item are within the approved budget. Work Program Impact: All work associated with this effort is captured under respective elements of the existing Work Program and corresponding allotted staff time necessary for administration of the budget and operations. Background: Through leases, TTD controls 4114 Lake Tahoe Boulevard (Stateline Transit Center), 1000 Emerald Bay Road (South Y Transit Center), and to a more limited extent, 1669 Shop Street (Corporation Yard). Staff is seeking to implement a Right-of-Entry agreement for non-TTD users of these facilities to coordinate service, verify insurance, and to ensure indemnification of TTD. Discussion: During this last winter, bus operations at Stateline Transit Center were difficult due to the bus bays being utilized for non-public transit uses. The parking of private vehicles in the eastern bus bay confused the public and encouraged unauthorized private parking and drop-offs. With the snow storage areas full, parking became more of an issue, as many of the areas designated for commercial vehicles were unusable due to snow accumulation. Heavy use of the winter shuttles complicated operations with pedestrian, commercial, and private vehicles all operating in designated transit areas. TTD would like to use the Right-of-Entry agreements to create order in the bus bays to reduce conflicts between private operations and transit operations. This change will enhance the safety of pedestrians, contractors, and TTD personnel. Organized use


GF/ja AGENDA ITEM: VI.A.

of the transit center will also boost the efficiency of winter shuttle operations and relieve congestion on Transit Way. Similarly, many tour operators and employee shuttle operators use the South Y Transit Center for pick-up and drop-offs. TTD is seeking Right-of-Entry agreements here to ensure coordinated operations. At the Corporation Yard, it is envisioned that vendors will have a Right-of-Entry agreement on file if they are required to perform work onsite. Additional Information: If you have any questions or comments regarding this item, please contact George Fink at (775) 589-5325 or [email protected]. Attachment:

A. Right-of-Entry Agreement




Agreement No. __-__-__

RIGHT OF ENTRY AGREEMENT

This Right of Entry Agreement ("Right of Entry") is entered in this __ day of ______________, 201_ by and between the TAHOE TRANSPORTATION DISTRICT (the “DISTRICT”) and [INSERT NAME OF PARTY] ("_____________").

RECITALS

A. WHEREAS, the DISTRICT is the lessee [OR OWNER] of that certain real property commonly referred to as [INSERT DESCRIPTION OF PROPERTY]

B. WHEREAS, [INSERT NAME OF PARTY] desires to obtain the DISTRICT's permission to enter onto the Property, on a temporary basis, to perform [INSERT DESCRIPTION OF ACTIVITY].

C. WHEREAS, the Parties wish to enter into this Right of Entry whereby the DISTRICT will allow [INSERT NAME OF PARTY] to enter the Property, on a temporary basis, for the purpose of performing [INSERT DESCRIPTION OF ACTIVITY].

NOW, THEREFORE, the DISTRICT and [INSERT NAME OF PARTY] do hereby agree as follows:

AGREEMENT

1. Right of Entry. The DISTRICT hereby grants to [INSERT NAME OF PARTY] and its agents, employees and contractors the temporary right to enter onto the property located at [INSERT PROPERTY ADDRESS AND APN] (hereinafter the “Property,” described more fully in Exhibit A, attached hereto and incorporated herein by reference) for the purpose of performing [INSERT DESCRIPTION OF ACTIVITY] (hereinafter, the “Activity”), and for no other purpose. The scope and extent of the Activity is more fully articulated and set forth in Exhibit B, attached hereto and incorporated herein by reference.

2. Term. The term of this Right of Entry shall automatically terminate [INSERT TERM] from the date first herein written above unless earlier terminated as provided herein. The term may be extended by written notice to [INSERT NAME OF PARTY] in the sole and absolute discretion of the DISTRICT. This Right of Entry is subordinate to all prior or future rights and obligations of the DISTRICT in the Property, except that the DISTRICT shall grant no rights inconsistent with the reasonable exercise by [INSERT NAME OF PARTY] of its rights under this Right of Entry.

ATTACHMENT A

GF/ja AGENDA ITEM: VI.A.TTD Board Meeting Packet - October 13, 2017 - Page 41 -

3. Insurance. [INSERT NAME OF PARTY] shall obtain, and shall require any consultant or contractor entering the Property on its behalf to obtain insurance of the types and in the amounts described in Exhibit C, attached hereto and incorporated herein by reference.

4. Liens. [INSERT NAME OF PARTY] shall not permit to be placed against the Property, or any part thereof, any design professionals’, mechanics’, materialmen’s contractors’ or subcontractors’ liens with regard to [INSERT NAME OF PARTY]'s actions upon the Property. The [INSERT NAME OF PARTY] agrees to hold the DISTRICT harmless for any loss or expense, including reasonable attorneys’ fees and costs, arising from any such liens which might be filed against the Property.

5. Indemnification. [INSERT NAME OF PARTY] hereby agrees to indemnify, defend, assume all liability for and hold harmless the DISTRICT and its officers, employees, agents and representatives from all actions, claims, suits, penalties, obligations, liabilities, damages to property, environmental claims or injuries to persons, which may be caused by [INSERT NAME OF PARTY]'s activities pursuant to this Right of Entry or arising out of or in connection with the Activities, whether such activities or performance thereof is by [INSERT NAME OF PARTY] or anyone directly or indirectly employed or under contract with [INSERT NAME OF PARTY], and whether such damage or claim shall accrue or be discovered before or after the termination of this Right of Entry. The [INSERT NAME OF PARTY], specifically, and not by way of limitation agrees that it shall be responsible for the repair, maintenance and cleanup of any [INSERT DESCRIPTION OF ACTIVITY]. The indemnity and other rights afforded to the DISTRICT by this section shall survive the revocation or termination of this Right of Entry.

6. Compliance with Laws/Permits. [INSERT NAME OF PARTY] shall, in all activities undertaken pursuant to this Right of Entry, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. Without limiting the generality of the foregoing, [INSERT NAME OF PARTY], at its sole cost and expense, shall obtain any and all permits which may be required by any law, regulation or ordinance for any activities [INSERT NAME OF PARTY] desires to conduct or have conducted pursuant to this Right of Entry.

7. Inspection. The DISTRICT and its representatives, employees, agents or independent contractors may enter and inspect the Property or any portion thereof or any improvements thereon at any time and from time to time at reasonable times to verify [INSERT NAME OF PARTY]'s compliance with the terms and conditions of this Right of Entry.

8. Not Real Property Interest. It is expressly understood that this Right of Entry does not in any way whatsoever grant or convey any permanent easement,

ATTACHMENT A


lease, fee or other interest in the Property to [INSERT NAME OF PARTY]. This Right of Entry is not exclusive and the DISTRICT specifically reserves the right to grant other rights of entry within the vicinity of the Property.

9. Attorneys’ Fees. In the event of a dispute between the parties with respect to the terms or conditions of this Right of Entry, the prevailing party shall be entitled to collect from the other its reasonable attorneys’ fees as established by the judge or arbitrator presiding over such dispute.

10. Revocable Licenses and Termination. Notwithstanding any improvements made by [INSERT NAME OF PARTY] to the Property or any sums expended by [INSERT NAME OF PARTY] in furtherance of this Right of Entry, the right of entry granted herein is revocable and may be terminated by the DISTRICT in accordance with the terms of this Agreement. This Right of Entry may be terminated at any time by either party upon one (1) business day’s prior notice in writing to be served upon the other party. In cases of an emergency or a breach of this Agreement by [INSERT NAME OF PARTY], this Right of Entry may be terminated by the DISTRICT immediately.

11. Restoration of the Property. Upon the termination or revocation of this Right of Entry, [INSERT NAME OF PARTY] shall, at its own cost and expense, restore the Property to the same condition in which it was prior to [INSERT NAME OF PARTY]'s entry. In case [INSERT NAME OF PARTY] shall fail to restore the Property to its prior condition within ten (10) business days after the effective date of the termination, the DISTRICT may proceed with such work at the expense of [INSERT NAME OF PARTY].

12. Continuing Liability. No termination of this Right of Entry shall release [INSERT NAME OF PARTY] from any liability or obligation hereunder resulting from any acts, omissions or events happening prior the termination of this Right of Entry and restoration of the property to its prior condition.

13. Counterparts. This Right of Entry may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on the date first written above.

[SIGNATURES ON THE FOLLOWING PAGE]

ATTACHMENT A


TAHOE TRANSPORTATION [INSERT NAME OF PARTY] DISTRICT

By:_____________________ By:_____________________

Carl Hasty, District Manager

APPROVED AS TO FORM:

By: _______________________________

Counsel to the Tahoe Transportation District

ATTACHMENT A


EXHIBIT "A" DESCRIPTION OF PROPERTY

ATTACHMENT A


EXHIBIT “B” DESCRIPTION OF ACTIVITY

ATTACHMENT A


EXHIBIT “C”

INSURANCE PROVISIONS (ATTACHED IS CERTIFICATE OF INSURANCE)

[INSERT NAME OF PARTY] shall obtain, and shall require any consultant or contractor entering the Property on its behalf to obtain insurance of the types and in the amounts described below and satisfactory to the DISTRICT.

Insurance. a. Prior to commencement of the Activity, Contractor shall obtain,

provide, and continuously maintain at its own expense during the term of this Agreement, and shall require any subcontractors and subconsultants of every tier to obtain and maintain, policies of insurance of the type and amounts described below and in a form satisfactory to TTD. i. Workers’ Compensation. Contractor shall maintain Workers

Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least one million dollars ($1,000,000)). Contractor shall submit to TTD, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of TTD, its members, officers, officials, employees, agents and volunteers.

ii. General Liability. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. General liability policies shall provide or be endorsed using Insurance Services Office forms CG 20 10 to provide that TTD and its members, officers, officials, employees, agents and volunteers shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.

iii. Automobile Liability. Contractor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with the Activity to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident.

ATTACHMENT A


b. All insurance described above shall be primary and there shall be no right to contributions by insurance purchased for or on behalf of TTD.

c. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against TTD, its members, officers, officials, employees, agents and volunteers, or shall specifically allow Contractor, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against TTD, and shall require similar written express waivers and insurance clauses from each of its subcontractors and subconsultants.

d. Contractor shall disclose any self-insured retention amount on Contractor’s insurance policies to TTD, and shall disclosure information and documentation regarding their rights to pay any such self-insured retention amount. It shall be Contractor’s responsibility to secure TTD’s written approval of such self-insured retention amount prior to providing the services.

ATTACHMENT A


TF/ja AGENDA ITEM: VI.B.

MEMORANDUM

Date: October 9, 2017 To: Tahoe Transportation District (TTD) Board of Directors From: TTD Staff Subject: Adopt Resolution 2017-011 Adopting the TTD's Short Range Transit Plan for

Fiscal Years 2017-2021 Action Requested: It is requested the Board adopt Resolution 2017-011 adopting TTD's Short Range Transit Plan (SRTP) as the first installment, for five fiscal years, of TTD's long range transit vision. Fiscal Analysis: All expenditures associated with this item for this fiscal year are accounted for in the 2017/18 Work Program and associated budget. Work Program Analysis: This fiscal’s year of work related to this project is included in the work program and the TTD’s Capital Improvement Program. All staff time associated with this effort are captured under respective work program elements. Background: The SRTP is a detailed short-range, five-year plan which acknowledges that TTD must, first and foremost, establish a solid foundation upon which a great transit system can grow. The SRTP advises that before Staff can deliver an ambitious transformation of the Basin's transit network consistent with the region's Long Range Transit Plan, Linking Tahoe: Lake Tahoe Basin Transit Master Plan (TMP), there are key fundamentals in need of considerable improvements: safety, workforce development, fleet expansion and replacement, and facility capacity and modernization. This plan was developed by TTD as an implementation plan and aligns with the update of the Regional Transportation Plan adopted by the Tahoe Regional Planning Agency in April 2017; the TMP adopted by TTD in June 2017; and the Linking Tahoe: Corridor Connection Plan adopted by TTD in September 2017. Discussion: At last month’s board meeting, the Board conducted a public hearing to receive comments on the SRTP. The Board heard and discussed public comments received prior to the board meeting. A comment letter was submitted by the League to Save Lake Tahoe and some comments were received by the Tahoe Metropolitan Planning Organization. No additional comments were received following the September 8 public hearing and the close of the public comment period on September 9.


TF/ja AGENDA ITEM: VI.B.

This is the fourth Board meeting to hear and discuss the merits, concerns, issues, and any other questions related to the SRTP. Only minor changes were made to the draft document as a result of the comments received and included a clarification of the funding constraints posed by the five-year timeline of a short range plan. At the August Board meeting, Staff recommended the Progressive Track, a dual-action solution requiring an aggressive pursuit of new robust, sustainable funding sources at all levels—local, regional, state, and federal—while also moving to support a revised system operational plan and a revised capital plan that balance service levels with existing funding. The revised system focuses on system productivity recognized through ridership and may include:

• Increases in frequency to boost productivity • Rebalanced (reduced or expanded) service areas • Rebalanced hours of operation, recognizing the system’s most effective operational

timing • Modifications to seasonal services to balance resources

Staff recommends adoption of the SRTP as drafted with a commitment to the following key fundamentals required as essential building blocks to a resilient transit system:

• Safety – provide the highest possible safety conditions for staff and the public. • Workforce Development – develop a path to securing a core, reliable labor force that can

operate and maintain the system with minimal overtime. • Fleet Expansion and Replacement – address the substantial and urgent needs of TTD's

fleet. • Facility Capacity and Modernization – research possibilities to tackle the condition of,

and limited space at, TTD's existing facilities. Additionally, TTD will consider limited route proposals and route expansion to better serve the community's needs should funding become available. The final SRTP can be viewed and downloaded here: http://tahoetransportation.org/doing-business/meetings. Additional Information: If you have any questions or comments regarding this item, please contact Tara Frank at [email protected] or (775) 589-5508. Attachment:

A. Resolution 2017-011 - A Resolution Adopting the Short Range Transit Plan for Fiscal Years 2017-2021


http://tahoetransportation.org/doing-business/meetings






TAHOE TRANSPORTATION DISTRICT RESOLUTION NO. 2017-011

A RESOLUTION ADOPTING THE SHORT RANGE TRANSIT PLAN AND RELATED

COMMITMENTS

WHEREAS, the Tahoe Transportation District (TTD) was created as a bi-state special district by the states of California and Nevada and ratified by Congress in Article XI of Public Law (PL) 96-551 in 1980; and

WHEREAS, TTD is granted authorities to own, operate, and implement public transit and

make transportation system improvements to the transportation network serving and connecting Lake Tahoe communities to each other and inter-regionally; and

WHEREAS, TTD and the Tahoe Regional Planning Agency (TRPA), also authorized by PL

96-551 to ensure transportation is integrated with land use and environmental carrying capacity threshold goals, work together to ensure that the transportation network serving the region is planned for and treated as a whole rather than disparate parts; and

WHEREAS, TTD has developed implementation plans to support TTD’s long range transit

plan, Linking Tahoe: Lake Tahoe Basin Transit Master Plan; and WHEREAS, TTD has prepared the Short Range Transit Plan (SRTP) as a short-term, five-year implementation plan to guide the development of transit services and multi-modal supporting infrastructure to reduce vehicle trips impacting Tahoe’s traffic, environment, and quality of life and user experience; and WHEREAS, TTD has held, as part of the public process in developing the SRTP, a public hearing and a thirty-day public comment period on the plan which is now closed.

NOW, THEREFORE, BE IT RESOLVED that the TTD Board of Directors hereby adopts the SRTP for fiscal years 2017 through 2021 and acknowledges the challenges cited in the SRTP and resolves itself to work assertively with its partners and Staff to address them over the course of the plan to establish a foundation upon which to build the service of the future.

PASSED AND ADOPTED by the TTD Board of Directors at its regular meeting held on

October 13, 2017, by the following vote: Ayes: Nays: Abstain: Absent: ___________________________________ Steve Teshara Chairman

ATTACHMENT A

TF/ja AGENDA ITEM: VI.B.TTD Board Meeting Packet - October 13, 2017 - Page 51 -

CH/ja AGENDA ITEM: VI.C.

MEMORANDUM Date: October 9, 2017 To: Tahoe Transportation District (TTD) Board of Directors From: TTD Staff Subject: Review and Approve in Concept of a Resolution of Housing Principles and

Target for Construction of Affordable Workforce Housing in the Douglas County, City of South Lake Tahoe, and El Dorado County Areas of Lake Tahoe, Including TTD’s Commitment to Transit Oriented Development

Action Requested: Staff requests the Board endorse the housing principles proposal and support staff in engaging with other entities to support the proposal, and bring back a final resolution for approval at a future date. Fiscal Impact: All expenditures for this item are within the approved budget. Work Program Impact: All work associated with this effort is captured under respective elements of the existing Work Program and corresponding allotted staff time necessary for administration of the budget and operations. Background: As the Board is well aware, TTD has been involved in housing discussions in regard to the US 50 South Shore Community Revitalization Project, as an employer and as an advocate for transit oriented development. The Board has adopted a set of principles to guide the implementation of the US 50 project and as a commitment statement to the public. These principles have been well received. With the seemingly recovered economy, affordable primary housing issues have reappeared affecting many, including TTD. Over the course of the year, several groups have met to hold public and private meetings to discuss the issue and try to encourage addressing it with new housing units. With TTD’s public statements and the US 50 role, Staff have been asked to attend a number of these meetings to discuss possibilities. A number of private sector investors and housing construction companies have also approached Staff to explore opportunities and make their interest known.


CH/ja AGENDA ITEM: VI.C.

Unbeknownst to Staff is any effort to aggregate all of that interest into an articulated position that can be used to align interest and efforts toward a housing goal. Staff believes that one is needed. Discussion: Staff has worked with the TTD Chair to develop a statement of principles (Attachment A). This statement can be adopted as a resolution of intent and support by TTD and other community interests at all sector levels and is aimed at addressing primary housing needs. Included in this statement is a target of new primary housing units to be built in the three jurisdictions of Douglas County, City of South Lake Tahoe, and El Dorado County in ten years’ time. Similar to the approach that was taken years ago with the federal government for a Tahoe agenda, the practice was to solicit endorsement of many sector groups to sign on to the agenda to show the political and local support for action. This same idea is being used for housing. With the endorsement of TTD and many potential signatories from the non-profit sector, public sector, and private sector, the statement can be used to organize action, secure funding, and send a message to the housing construction community that the south shore area is ready to do business and address its needs. The target of six hundred units over ten years is a starting place predicated on the City’s housing element prepared in 2014, which identified a need for 336 units over an eight year period in the City alone. It would be ideal for an assessment to be performed for the three jurisdictional area of south shore to identify the total number and type of housing units needed. Staff recommends the Board endorse the resolution of principles idea and work with Staff to engage other sectors to adopt the statement. That consultation may result in revisions to the proposal which Staff will bring back in the near future as an item for adoption. Additional Information: If you have any questions or comments regarding this item, please contact Carl Hasty at (775) 589-5501 or [email protected]. Attachment:

A. Statement of Principles




DRAFT STATEMENT OF PRINCIPLES

Resolution in Support of Increasing Affordable Housing

Throughout Lake Tahoe’s South Shore

WHEREAS, a number of studies, employer accounts and personal stories have documented

the acute need for an increased inventory of affordable workforce and primary housing

throughout the South Shore; and

WHEREAS, when workers cannot find housing - or that housing is distant from work – it

creates challenges and both private and public-sector employers struggle to recruit and

retain a reliable workforce; and

WHEREAS, it will take sustained collaboration and partnerships at many levels to increase

the supply of affordable workforce and primary housing to address and serve our

community needs.

NOW, THEREFORE BE IT RESOLVED, that we, the undersigned local governments, regional

agencies, special districts, non-profits, and other community organizations, endorse and

pledge our support for the following principles and action steps necessary to address the

urgent need for affordable workforce and primary housing throughout the South Shore of

Lake Tahoe.

Principles

1. Affordable primary residential housing for all income levels is essential to support the

economy and sustainability of our community, workforce, and residents.

2. Affordable housing helps households build wealth and invest in their well-being and

future. It provides for a more reliable and abundant source of employees and helps

reduce the demands on public health and safety services.

3. Affordable housing that is in closer proximity to places of employment helps to reduce

the environmental impacts on air and water quality and the other unique Tahoe

attributes we treasure.

ATTACHMENT A

CH/ja AGENDA ITEM: VI.C.TTD Board Meeting Packet - October 13, 2017 - Page 54 -

Action Steps

The South Shore’s local governments and the Tahoe Transportation District will collaborate

and contribute to the process of conducting an analysis of the mix of housing types needed

to support the goal of a minimum of 600 new multi-family and single-family primary

residential units projected as a community need over the next ten years to support

affordable housing throughout the South Shore, consistent with the Principles, above.

The City of South Lake Tahoe, El Dorado County, Douglas County and the Tahoe

Transportation District will be the “Principal Partners” in this initiative. Additional partners are

encouraged to participate and support the initiative to help generate the momentum and

support necessary for success.

The local governments of the City of South Lake Tahoe, El Dorado County, and Douglas

County agree to cooperate, coordinate, and support the development of the mix of housing

types identified in the analysis. It is anticipated that implementation will be in partnership

with qualified, experienced developers of such housing and other organizations in the

community that recognize the importance and value of housing affordability for our South

Shore workforce and other residents.

As part of this initiative, the Principal Partners pledge their best efforts to address and

reduce any barriers to the construction of affordable workforce and primary housing as may

be necessary and reasonable to achieve.

The focus of this affordable housing shall be for primary residential use and maintained as

such. This effort is not intended to add to the stock of second home or vacation rental

properties.

That the Tahoe Regional Planning Agency, as the keeper of Tahoe’s regional plan, land use

and regulatory framework, supports and gives priority to assisting such projects where

appropriately zoned through the process of permitting, local delegation (as applicable), the

minimizing of fees, allocation of commodities, and to undertake such other actions

consistent with its mission and commitment to the principles identified herein.

ATTACHMENT A


That local utilities and others involved in the development process participate as proactive

partners using the tools and means available to them, such as any ability to amortize system

access fees over time, so that the overall cost of construction does not jeopardize affordable

housing as an outcome.

That the minimum target of 600 affordable multi-family and single-family primary residential

units be constructed in any and all of the three local government jurisdictions by no later

than 2027.

ATTACHMENT A


CH/ja AGENDA ITEM: VI.D.

MEMORANDUM

Date: October 9, 2017 To: TTD Board of Directors From: TTD Staff Subject: Report and Discussion Regarding Plan for Addition of Deputy District Manager

Position and North Shore Office and Possible Action Action Requested: It is requested that the Board hear the District Manager’s report, discuss the matter, and support the recommendation. Fiscal Impact: Staff has reviewed the current budget revenue and expenses, examined expense trends, and have formulated a five year projection. Staff recommends delaying the creation of a deputy position and securing a north shore office until a new general fund revenue source(s) can be brought online into the TTD budget process. Work Program Impact: The Board intended for the creation of the position and office space to help Staff attract job applicants through better proximity to housing, and to assist the District Manager (DM) and staff by creating a chief operations officer position. In lieu of and until such time as that position and location is financially possible, what will assist the most at this time is filling the open capital project positions at TTD’s existing office location. Background: At the August Board meeting, the Board reviewed the performance of the DM. As part of the its action, the Board recommended the DM pursue a deputy position to support the DM by providing operations management, freeing up the DM to focus on the political and funding tasks that need to be addressed. These tasks are not receiving the needed attention, as the DM has been concentrating on the capital program projects, due to those staffing vacancies. The Board also directed the DM look into the prospect of opening a north shore office, as it has been reported that this location would assist with applicant recruitment. The Board directed the DM to return in 60 days with a plan to fulfill the given direction. Discussion: In this evaluation, Staff has determined the only reasonable way to secure a new position and office space would be to rely on the District’s limited general fund. While some related expenses could be charged to transit operations and capital projects, not enough of the projected expenses would be absorbed by these funds, as the general fund expenses would also increase for the DM as the nature of the political and funding tasks are unreimbursable and not directly


CH/ja AGENDA ITEM: VI.D.

for the DM as the nature of the political and funding tasks are unreimbursable and not directly related to transit operations or projects. Tasks are already being performed that cannot be reimbursed by transit operations or capital projects and are putting a strain on the general fund budget, as TTD has no dedicated general fund source. What general fund monies the District does have has been built up over the last nine years, and has been used for agency cash flow. If these funds are not reimbursed, and with no dedicated replacement source, then any use will deplete the general fund which is unsustainable. This issue came to light in the second half of last fiscal year. Staff is proposing to remedy the lack of dedicated general fund targeting fiscal year 2019 (FY19) and the 2019 legislative sessions. Specifically, Staff is proposing that TTD participate in both California and Nevada’s budgeting process and that local governments sitting on the TTD Board contribute annually to leverage state funds. Combined, these sources would give TTD a baseline general fund budget. Staff is proposing requests to the states of $1.8 million annually from California and $900 thousand annually from Nevada, for a total of $2.7 million. Staff is also proposing that local governments match that amount with another ten percent or $270 thousand annually, which would make a grand total for a dedicated general fund of $2.97 million. Comparatively, general fund sources for the Tahoe Regional Planning Agency for FY18 is $4.747 million from California, $2.202 million from Nevada, and $150 thousand from local governments for a grand total of $7,099,441. The first potential round of state funding is through California in the FY 19 year next July as Nevada will not be addressing a new budget until its biennium process for FY 20 and 21. Next fiscal year is also a target date for most local government contributions. That means, if successful, TTD would not have a dedicated funding source and therefore ability to act on a deputy position or north shore office until next fiscal year at the earliest. Concurrently Staff is also proposing to pursue legislative remedy to changes in TTD’s funding authority under Article IX of the Compact. The current authority is unworkable and does not create the ability to fund capital projects and transit services as adopted by the TTD Board. Staff is targeting the 2019 legislative sessions to introduce legislation for Article IX changes. Project funding has been secured to develop consultant analysis and recommendations on funding source changes to be used for proposed legislative changes. That work is expected to be underway near the beginning of the 2018 calendar year. Staff has considered these proposals and timeframes when making projections over a five year period to coincide with the Short Range Transit Plan (SRTP) time frame. This approach is consistent with the TTD adopted plans becoming another foundation piece in securing the resources necessary to achieve the transportation objectives of the region let alone those of TTD. Staff will present the five year revenue projection as part of the discussion at the board meeting. Staff recommends endorsement of the funding approach, and timing of securing a deputy position and north shore office. Additional Information: If you have questions or need additional information please contact Carl Hasty at 775-589-5501 or at [email protected].




Documents

TAHOE TRANSPORTATION DISTRICT (TTD) · TAHOE TRANSPORTATION DISTRICT (TTD) BUDGET FINANCE COMMITTEE . Meeting Agenda . Tahoe Regional Planning Agency October 13, 2017 . …