Title
Chief Administrative Office recommending the Board receive and file an update on the formation of a South Tahoe Transit Joint Powers Authority and provide direction to staff regarding the draft concepts discussed to date.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
On February 13, 2024, the City of South Lake Tahoe adopted Resolution 2024-022, authorizing and directing the City Manager and City Attorney to enter negotiations with El Dorado County on a Joint Exercise of Powers Agreement to establish a Tahoe South Shore Transit Joint Powers Authority (JPA). On March 12, 2024 the El Dorado County Board of Supervisors authorized County staff to initiate negotiations with the City regarding the formation of a JPA. The general purpose of forming the JPA is to jointly implement transit services in the Lake Tahoe south shore area.
Since staff from both agencies were authorized to negotiate establishment of a JPA, DeeAnne Gillick with Sloan Sakai Young & Wong, LLP was mutually selected by County Counsel and the City Attorney to assist in creating the JPA formation documents in compliance with California Government Code. County and City staff, with the assistance of Ms. Gillick, have met several times to discuss JPA formation requirements and potential terms of a Joint Powers Authority Agreement. The following draft concepts have been discussed.
Purpose:
• To work with regional, state and federal agencies to plan, program, and secure funding for transit within the portion of El Dorado County within the Lake Tahoe Basin, including the City of South Lake Tahoe (JPA area).
• Develop and implement transit plans for local transit services within the JPA area,
• Develop, provide and operate local transit services to benefit the JPA area.
• Advocate before local, regional, state, and federal officials and agencies for improvements to transit services and facilities as well as funding for those improvements.
• Coordinate facility, service, and operational plans and programs with other organizations.
Member Agencies:
• City of South Lake Tahoe
• El Dorado County
Managing Agency:
• City of South Lake Tahoe
• The Executive Director (Transit Manager) shall be an employee of the Managing Agency and serve at the pleasure of the JPA Board. Managing Agency shall provide all necessary administrative and accounting support to the Board.
• The designated Treasurer shall be the City Finance Director who will provide all budget, procurement and accounting support to the Board. The Board will contract with a third party for auditing services.
Governance:
• JPA Agreement
• Bylaws
Powers:
• To exercise in the manner provided by this Agreement, the powers common to each of the Member Agencies and necessary to the accomplishment of the purposes of this Agreement. Powers common to each of the Member Agencies shall include any powers granted to all Member Agencies by legislative enactment prior to or subsequent to the date of this Agreement.
• To make and enter into contracts.
• To employ agents and employees.
• To contract for the services deemed necessary to meet the purposes of the JPA including the retention of counsel as the Board deems appropriate. To acquire, by lease, purchase, lease-purchase, or eminent domain, and to hold and dispose of real and personal property necessary to carry out the purposes of this Agreement.
• To construct, manage, and maintain facilities and services.
• To sue and be sued in its own name.
• To incur debts, liabilities, or obligations including, but not limited to certificates of participation and revenue bonds. The debts, liabilities, and obligations of the START shall not constitute a debt, liability, or obligation of any of the Member Agencies that are parties to this Agreement (by unanimous vote of the board).
• Acquire property by eminent domain (by unanimous vote of the board).
• To apply for and execute/ and administer grants and contributions pursuant to any applicable state or federal statutes or local requirements.
Board Members and Voting:
• El Dorado County District V Supervisor
• 2 City Councilmembers (appointed by City Council)
• Each Board member has one vote
• An alternate for each Board position must also be appointed
• Board members select a Chair and a Vice Chair who shall hold office for a period of one year
Ex-officio Members:
• SSTMA Board member (appointed by SSTMA Board)
• TTD Board member (appointed by TTD Board)
• Ex-officio Members do not have a vote and are not counted toward a quorum
• An alternate for each Ex-officio position must also be appointed
Budget and Work Plan:
• Board shall adopt by resolution an annual budget and work plan.
These are draft terms presented for discussion and direction to staff. Discussions regarding the make up of the JPA Board Members is ongoing. A final agreement is anticipated to be presented at a joint City Council/County Board of Supervisors meeting on October 15.
After formation of the JPA, the JPA board will need to address several additional organizational requirements, including:
• File Notice of JPA formation
• File Roster of Public Agency with Secretary of State and County Clerk.
• Administer Oath of Office to board members and officers
• File Assuming Office Form 700s
• Adopt Conflict of Interest Code
• Adopt regular meeting schedule
• Adopt policies and procedures, as applicable
• Procure or address insurance needs and requirements
• Establish agreements to fund the JPA and adopt a budget
• Enter into an agreement with the Managing Agency to provide administrative and financial services to the JPA
• Enter into a contract for annual audits
• Enter into an agreement for legal services to the JPA
• Designate the public office or officer to have charge of any property of JPA and file an official bond
The JPA Board will also establish a work plan that guides the JPA in its pursuit of funding, managing and implementing transit services within the JPA boundaries.
ALTERNATIVES
The Board could choose to discontinue discussions regarding JPA formation, which would reduce the opportunity for greater transit services in the unincorporated area that may be available through participation in the JPA.
PRIOR BOARD ACTION
March 12, 2024 file 24-0487: The Board authorized staff to initiate negotiations with the City regarding the formation of a JPA
OTHER DEPARTMENT / AGENCY INVOLVEMENT
City of South Lake Tahoe, County Counsel
FINANCIAL IMPACT
N/A
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Sue Hennike, Assistant CAO