BOARD OF DIRECTORS OF THE EASTERN SIERRA TRANSIT AUTHORITY

Transcription

1 BOARD OF DIRECTORS OF THE EASTERN SIERRA TRANSIT AUTHORITY Regular Meeting Friday October 16, 2015 City of Bishop Council Chambers 301 West Line St Bishop, California 10:00 a.m. Note: In compliance with the Americans with Disabilities Act, if an individual requires special assistance to participate in this meeting, please contact Eastern Sierra Transit at (760) ext 15 or Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR ADA Title II) 1. CALL TO ORDER DISPOSITION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENT INFORMATION 5. APPROVAL OF MINUTES: Regular meeting of September 11, 2015 ACTION 6. ELECTION OF VICE-CHAIRPERSON ACTION Staff recommendation: The Board is requested to elect a Director to serve as Vice-Chairperson for the balance of NORTH SIERRA HIGHWAY SPECIFIC PLAN FUNDING REQUEST ACTION Staff recommendation: The Board is requested to provide direction regarding the request made by the County of Inyo Planning Department for assistance in funding a Specific Plan and associated Environmental Impact Report for North Sierra Highway in Bishop. 8. JOINT POWERS AGREEMENT AMENDMENT ACTION Staff recommendation: Approve and adopt Resolution amending the Eastern Sierra Transit Authority Joint Powers Agreement authorizing the ESTA Agenda Page 1 of 2 October 16, 2015

2 member entities to appoint an individual from the public at large to fill one of the entities two positions on the Authority s Board of Directors. 9. MAMMOTH MOUNTAIN SKI AREA AGREEMENT AMENDMENT ACTION Staff recommendation: The Board is requested to approve Amendment No. 3 to the Agreement by and between Mammoth Mountain Ski Area and ESTA governing the provision of fixed route transit service for the 2015/16 winter season. 10. MAMMOTH LAKES STRATEGIC ALIGNMENT WORKSHOPS UPDATE DISCUSSION/POSSIBLE ACTION Staff recommendation: The Board is requested to provide any desired direction to staff following an update of the Town of Mammoth Lakes Strategic Alignment workshops ANNUAL REPORT INFORMATION The 2015 Annual Report will be presented for the Board s information. 12. OPERATIONS REPORT: RECEIVE AND FILE September FINANCIAL REPORT RECEIVE AND FILE a. Final report for fiscal year 2014/15. b. FY 2015/16 report for the period ending October 13, REPORTS INFORMATION a. Board Members b. Executive Director 15. FUTURE AGENDA ITEMS 16. CLOSED SESSION DISCUSSION/POSSIBLE ACTION Conference with Labor Negotiators. (Pursuant to Government Code Section ) Authority designated representatives; John Helm, John Vallejo, Jim Tatum. Bargaining Group; ESTA-EEA. 17. REPORT ON CLOSED SESSION AS REQUIRED BY LAW 18. ADJOURNMENT ACTION (The next regular meeting is scheduled for November 20, 2015 in the Town of Mammoth Lakes.) ESTA Agenda Page 2 of 2 October 16, 2015

3 Agenda Item #5 EASTERN SIERRA TRANSIT AUTHORITY Minutes of Friday September 11, 2015 Regular Meeting The Board of Directors of the Eastern Sierra Transit Authority met at 11:30a.m. on Friday September 11, 2015 at the Town of Mammoth Lakes Council Chambers, Minaret Village Shopping Center, Suite Z, Mammoth Lakes, California. The following members were present: Jeff Griffiths, Dan Totheroh, Karen Schwartz, Jim Ellis, Jo Bacon and Michael Raimondo. Director Tim Alpers was absent. Director Schwartz led the pledge of allegiance. Public Comment Approval of Minutes Town of Mammoth Lakes Strategic Alignment Workshops Luggage Policy Travel Approval National Rural Transit Assistance Program Technical Assistance The Chairperson opened the public comment period at 11:56a.m. There was no one from the public wishing to address the Board. Public comment was closed. Moved by Director Totheroh and seconded by Director Raimondo to approve the minutes of the regular meeting of August 21, Motion carried 5-0, with Director Bacon abstaining and with Director Alpers absent. Mr. Helm provided a review of the results from the workshops that were held by the Town of Mammoth Lakes on August 31, 2015 and September 10, 2015 for the purpose of strategic alignment with the organizations that the Town partners with for the provision of services. The Board instructed Mr. Helm to convey to the Town workshop group that ESTA is supportive of the purpose, priorities and goals developed through the workshops, however, ESTA requests that the Town alignment workshops keep in mind the needs of the workforce not living within the Town of Mammoth Lakes and the transit dependent population. Mr. Helm review the proposed Luggage Policy. Moved by Director Bacon and seconded by Director Raimondo to approve the Luggage Policy with the following amendments: add backpacks as a luggage item, eliminate the restriction to Town to Town and Intercity Routes. In addition, the Board requested that a separate bicycle liability policy be developed. Motion carried 6-0 with Director Alpers absent. Mr. Helm requested authorization for travel to participate in the National Rural Transit Assistance Program Technical Assistance Conference in Denver, Colorado, October Moved by Director Ellis and seconded by Director ESTA Minutes August 21, 2015 Page 1 of 2

4 Conference Update ESTA Website Schwartz.to approve the travel request. Motion carried 6-0, with Director Alpers absent. Mr. Helm presented a visual tour of ESTA s new website. The Board requested that information be added to the Home page indicating that there are local services in addition to the identified routes. Financial Report Mr. Helm presented the preliminary final fiscal year 2014/15 report for the period ending June 30, Mr. Helm also presented the FY2015/16 Financial Report for the period ending September 8, Operations Report Mr. Helm presented the Operations Report for the month of August Director Ellis left the meeting at 1:15p.m. Board Member Reports Director Raimondo reported the Town of Mammoth Lakes has been very busy this summer, with a record breaking number of visitors. Director Raimondo also thanked Mr. Helm for participating the Town of Mammoth Lakes Strategic Planning Workshops. Executive Director Report Future Agenda Items Mr. Helm informed the Board that ESTA is participating in a year-long federal government project allowing 4 th graders free access to National Parks and other federal lands. ESTA will allow 4 th graders to ride the Reds Meadow Shuttle for free during the program. None Adjournment The Chairperson adjourned the meeting at 1:28p.m. The next regular meeting of the Eastern Sierra Transit Authority Board of Directors is scheduled for October 16, 2015 in the City of Bishop. Recorded & Prepared by: Jill Batchelder Acting - Board Clerk Eastern Sierra Transit Authority ESTA Minutes August 21, 2015 Page 2 of 2

5 Agenda Item # 6 October 16, 2015 STAFF REPORT Subject: Initiated by: Election of Vice Chairperson John Helm, Executive Director BACKGROUND: Section 2.1 of the Joint Powers Agreement provides that the Board of Directors shall elect a Chair and Vice Chairperson from among its members. ANALYSIS/DISCUSSION: Following the re-assignment of the Town of Mammoth Lakes Councilmember appointments, Councilmember Bacon was appointed to replace Councilmember Fernie on the ESTA Board. Director Fernie had been elected to serve as vice-chairperson of the ESTA Board of Directors in February, Accordingly, the office of Vice-Chairperson for the ESTA Board of Directors is currently unfilled. The Board approved the following provision in the ESTA Bylaws earlier this year, which addresses the filling of Officer positions and, specifically, states that a new Vice Chair shall be selected from the same jurisdiction of the departing Vice Chair Officers The BOARD shall at its last meeting held in each calendar year, nominate and elect from its membership a Chair and Vice Chair to take office as of January 1. The term of the Chair and Vice Chair shall be one (1) year. The Chair and Vice Chair shall not be representatives of a county, city or town within the same county. The representative elected to the Chair position shall alternate between Inyo and Mono Counties each year. In other words, if the Chair is a representative of Inyo County or the City of Bishop, the Chair the following year should be a representative from Mono County or the Town of Mammoth Lakes. If the Chair position is vacated for any reason before the full term is served, the Vice Chair becomes Chair and a new Vice Chair shall be nominated and elected. In this event, the Vice Chair who becomes Chair may serve as Chair through the period he/she would have served as

6 Chair had the Chair position not become vacated. If the Vice Chair position is vacated for any reason before the full term is served, a new Vice Chair shall be selected from the jurisdiction of the departing Vice Chair to fill the remainder of the term. FINANCIAL CONSIDERATIONS: None RECOMMENDATION In accordance with ESTA s Bylaws, the Board is requested to elect a Director from the Town of Mammoth Lakes to serve as Vice-Chair for the balance of 2015.

7 Agenda Item #7 October 16, 2015 STAFF REPORT Subject: Initiated by: North Sierra Highway Specific Plan Funding Request John Helm, Executive Director BACKGROUND: Inyo County and the City of Bishop have been selected to receive a Caltrans grant for corridor planning along Highway 395, from approximately Wye Road to the Paiute Palace. Inyo County is interested in leveraging this funding opportunity to develop a comprehensive Specific Plan in that area, and is reaching out to other interested stakeholders to determine interest in helping to fund a Specific Plan. ANALYSIS/DISCUSSION: As indicated in the correspondence on the following pages, Inyo County is contacting interested stakeholders regarding a proposal to assist in funding a Specific Plan for the North Sierra Highway area. Specifically, Inyo County and the City of Bishop are contacting the Bishop Paiute Tribe, ESTA, and the Los Angeles Department of Water & Power regarding possible funding of a Specific Plan for North Sierra Highway. The City of Bishop and Inyo County have already been awarded grant funding for a Corridor Plan, and are now seeking to determine if that funding could be leveraged with supplemental funding to develop a Specific Plan. The City and County are seeking a total of $310,000 from other stakeholders in order to fully fund the Specific Plan. Additional information regarding the Corridor and Specific Plans, and the request by Inyo County to assist with funding for the Specific Plan are included on the following pages.

8 FINANCIAL: Participation in funding the Specific Plan for North Sierra Highway is not included in the FY 2015/16 budget. No additional revenue sources are known at this time that could provide this funding from ESTA. LEGAL: The Mono County Counsel s Office has not reviewed this request. RECOMMENDATION It is recommended that the Board review the request for participation in funding the North Sierra Highway Specific Plan and provide any desired direction to staff.

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19 Conceptual North Sierra Highway Corridor Planning Area Legend City of Bishop NSH Corridor Plan Area

20 Conceptual North Sierra Highway Specific Planning Area Legend City of Bishop NSH Specific Plan Area

21 Agenda Item #8 October 16, 2015 STAFF REPORT Subject: Initiated by: Joint Powers Agreement Amendment John Helm, Executive Director BACKGROUND: At the August 2015 meeting of the ESTA Board of Directors, the Board approved an action to amend the ESTA JPA permitting member entities to fill one of the two positions on the ESTA Board with a member of the public at large rather than a member of the governing body, and directed staff to solicit approval of the Amendment from the governing body of each of the member entities. ANALYSIS/DISCUSSION: The Third Amendment to the Eastern Sierra Transit Authority Joint Powers Agreement was drafted in response to Board direction earlier this year to address the request from Mono County to allow an individual to be appointed to the ESTA Board who is not a member of the Mono County Board of Supervisors. The draft amendment includes the following provisions: 1. A new sub-section is added to Section 1.2 GOVERNING BOARD 2. Section a. Permits each of the member entities to appoint up to one of the two governing board positions from a member of the public at large. b. Indicates that the subsection remains in effect only until June 30, 2017, unless a later enacted statute deletes or extends that date (sunset language). The Third Amendment to the ESTA JPA has been approved by the governing boards of all four of ESTA s member entities and is presented to the ESTA Board at this time for final approval. Approval and adoption of Resolution , which is included on the following pages, will finalize the modification of the ESTA JPA.

22 FINANCIAL: Approval of the JPA amendment will have no financial impact on the Authority. LEGAL: The Third Amendment to the JPA was drafted and approved by John Vallejo, Mono County Deputy County Counsel, and has been approved as to form by counsel for each of the member entities. RECOMMENDATION It is recommended that the Board approve and adopt Resolution amending the ESTA Joint Powers Agreement related to the governing board.

23 RESOLUTION A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EASTERN SIERRA TRANSIT AUTHORITY AMENDING THE JOINT POWERS AGREEMENT RELATED TO THE GOVERNING BOARD WHEREAS, the Eastern Sierra Transit Authority (ESTA) was created by adoption of the Joint Powers Agreement by and between the City of Bishop, the Town of Mammoth Lakes and the Counties of Inyo and Mono; and WHEREAS, ESTA desires to amend Section 1.2 of the Joint Powers Agreement to permit member entities to fill one of the entity s two positions on the ESTA Board with a member of the public at large rather than a member of the governing body; and WHEREAS, Section 1.14 of the Joint Powers Agreement states that the Agreement may only be amended by a written amendment approved by the governing bodies of all of the member entities; and WHEREAS, all four of the Authority s member entities have approved the amendment of the ESTA Joint Powers Agreement to allow each member entity to appoint one of its two governing board members from the public at large. NOW, THEREFORE, BE IT RESOLVED by the Eastern Sierra Transit Authority Board of Directors that the Eastern Sierra Transit Authority Joint Powers Agreement be amended to read as follows: [Type text]

24 TRANSIT AUTHORITY JOINT POWERS AGREEMENT Between the COUNTY OF INYO California COUNTY OF MONO California CITY OF BISHOP California and the TOWN OF MAMMOTH LAKES California ESTA Joint Powers Agreement (eff ) Page 1 of 12

25 TRANSPORTATION AUTHORITY JOINT POWERS AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this day of, 2015, by and between the County of Inyo, hereinafter referred to as Inyo County, the County of Mono, hereinafter referred to as Mono County, the City of Bishop, hereinafter referred to as City, and the Town of Mammoth Lakes, hereinafter referred to as Town, or any two or more of the listed agencies. WITNESSETH: WHEREAS, Inyo County and Mono County are authorized pursuant to Government Code to establish and operate transit systems and the Town and City are authorized pursuant to Government Code to operate transit systems; and WHEREAS, Government Code 6500 et seq. (hereinafter referred to as the Act ) authorizes municipalities and counties to jointly exercise any power common to them all; and WHEREAS, the parties hereto desire to jointly exercise their powers to provide public transit services throughout and beyond the geographical areas of the parties. NOW, THEREFORE, IT IS MUTUALLY AGREED by County of Inyo, County of Mono, City of Bishop and Town of Mammoth Lakes, or any two or more of the listed agencies as follows: ARTICLE I CREATION AND OPERATION OF THE AUTHORITY SECTION 1.1 CREATION OF AUTHORITY: The potential parties to this agreement are County of Inyo, County of Mono, City of Bishop, and Town of Mammoth Lakes. Pursuant to the Act, a public entity to be known as Eastern Sierra Transit Authority, hereinafter referred to as the Authority is created upon adoption of this agreement by any two or more of the potential parties to this agreement. The Authority is a public entity separate and apart from the parties hereto. Within thirty (30) days of the adoption of this Agreement by two or more of the potential parties to this Agreement, the Authority shall prepare the notice required by Government Code Section , file it with the Secretary of State, and pay any fees for such filing that the Secretary of State may charge. In addition, within sixty (60) days of the date of commencement of its legal existence, and thereafter as required, the Board of Directors of the Authority shall file with the Secretary of State and the Clerks of Inyo and Mono County in accordance with Government Code Section ESTA Joint Powers Agreement (eff ) Page 2 of 12

26 SECTION 1.2 GOVERNING BOARD: SECTION Each potential party to this agreement who adopts the agreement shall be considered a member entity. The Authority shall be administered by a governing board, initially consisting of two members appointed by the governing board of each member entity, who shall be members of that member entity s governing body. The governing board shall be called the BOARD OF DIRECTORS OF THE EASTERN SIERRA TRANSIT AUTHORITY, hereafter referred to as the Board of Directors. Any of the potential parties to this agreement who have not adopted this agreement may appoint two non-voting members to the Board of Directors until such time as the agreement is adopted by that potential party. SECTION This subsection shall remain in effect only until June 30, 2017, and as of that date is repealed, unless a later enacted amendment, which is enacted before June 30, 2017, deletes or extends that date. Notwithstanding the provision in section above limiting those appointed to the governing board to be members of a member entity s governing body, the governing board of each member entity may appoint one of its two governing board members from the public at large. SECTION 1.3 ALTERNATE MEMBERS: Each member entity may appoint an alternate member to the Board of Directors who may serve in the place of either of that member entity s governmental members. Any alternate must have the same qualification as the member originally appointed. SECTION 1.4 TERM OF OFFICE: Each member of the Board of Directors shall serve at the pleasure of the appointing party hereto; provide, however, Board members who are members of the respective governmental entities, shall cease to serve upon termination of that public office. The appointing party shall fill vacancies. SECTION 1.5 REGULAR MEETINGS: The Board of Directors shall provide for its regular and special meetings; provided, however, at least one regular meeting shall be held each month. Each member entity shall be notified of the date, hour and place of the regular meetings and of all special meetings. SECTION 1.6 RALPH M. BROWN ACT: All meetings of the Board of Directors of the Authority, without limitation, regular, adjourned regular, and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act as set forth in Governmental Code Sections and following. SECTION 1.7 QUORUM: A majority of the Board of Directors shall constitute a quorum for the transaction of business. All actions by the Board of Directors require a recorded majority vote of the total membership of the Board of Directors. ESTA Joint Powers Agreement (eff ) Page 3 of 12

27 SECTION 1.8 RULES: The Board of Directors of the Authority will adopt and amend as necessary such rules and regulations for the conduct of its meetings and affairs as are necessary to accomplish its stated purpose. SECTION 1.9 FISCAL YEAR: The fiscal year of the Authority shall be from July 1 through June 30. SECTION 1.10 TERM OF AGREEMENT: The initial term of THIS AGREEMENT shall extend through the end of the third full operating year, thus it shall extend through June 30, 2010, except that the agreement may be terminated sooner if agreed to by a majority of the member entities. After the first three (3) years, THIS AGREEMENT shall continue until withdrawal is elected pursuant to Section 1.11 of THIS AGREEMENT. SECTION 1.11 WITHDRAWAL: After June 30, 2010 any member entity may withdraw from THIS AGREEMENT, but only on four months prior written notice, and such withdrawal shall not become effective until the end of the fiscal year within which the end of the four month notice expires. The withdrawing member shall be entitled to the current value, as of the date of withdrawal, of their proportionate ownership interest in any assets contributed to the Authority, and the return of any surplus money on hand in proportion to the contributions made. SECTION 1.12 COMPLIANCE WITH FEDERAL STANDARDS: In the performance of its function, the Authority shall comply with Title VI of the Civil Rights Act of 1964, as amended (Public Law ), and all requirements imposed by the U.S. Department of Transportation. The Authority shall not discriminate on the grounds of race, religion, color, sex, age, sexual preference, marital status, disability, medical condition, or national origin, with regards to all activities, direct or indirect (i.e., through contracting and subcontracting), involving the Authority. SECTION 1.14 AMENDMENTS: THIS AGREEMENT may only be amended by a written amendment approved by the governing bodies of all member entities. SECTION 1.15 SUCCESSORS: THIS AGREEMENT shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties. SECTION 1.16 BYLAWS, POLICY AND PROCEDURE MANUAL: Within the first six (6) months of the Authority s existence, the board of Directors shall establish Bylaws and a Policy and Procedure Manual to govern the day-to-day operations of the Authority, which is not inconsistent either with applicable law or with this Agreement. ESTA Joint Powers Agreement (eff ) Page 4 of 12

28 Each Board Member and each Member Entity shall receive a copy of the Bylaws and the Policy and Procedure Manual. Thereafter, the Board of Directors may amend, or repeal any bylaw, regulation, or policy and procedure, and may adopt additional bylaws, regulations, or policies and procedures which are not inconsistent either with the applicable law or with this Agreement. The Executive Director shall send to each Board member and to each Member Entity all Bylaw amendments promptly after adoption by the Board of Directors. SECTION 1.17 DESIGNATION OF SUCCESOR OR ASSIGNS: Any successor or assignee of a Member Entity must be approved by a majority of the Board of Directors, and will incur all responsibilities of the original Member Entity under this Agreement. ARTICLE II OFFICERS AND STAFFING SECTION 2.1 CHAIR AND VICE-CHAIR: The Board of Directors shall elect a Chair and Vice-Chair from among its members. SECTION 2.2 TREASURER AND AUDITOR CONTROLLER: The Treasurer of one of the contracting parties, or a certified public accountant, shall be the depositary and have custody of the money of the EASTERN SIERRA TRANSIT AUTHORITY, and shall provide all duties and functions of the Treasurer for the Authority as set forth in Government Code Sections 6505, , and all other applicable provisions of federal, state and local laws, ordinances, regulations, and this Agreement. The officer performing the functions of auditor or controller shall be of the same public agency as the treasurer designated as depositary pursuant to this section. However, where a certified public accountant has been designated as treasurer of the entity, the auditor of one of the contracting parties or of a county in which one of the contracting parties is located shall be designated as auditor of the entity. The Director of Finance for any of the contracting parties with oversight authority over the Treasurer and Auditor-Controller of that party may also serve in this capacity. Alternately, the Authority may appoint one of its officers or employees to either or both of such positions pursuant to Government Code Section The determination set forth above shall be made pursuant to a resolution of the Board of Directors of the Eastern Sierra Transit Authority. The governing body of the entity providing any of the services described above shall determine the charge to be made for such services and shall enter into a written agreement with the Authority. SECTION 2.3 EXECUTIVE DIRECTOR: The Board of Directors shall appoint an Executive Director. The Executive Director shall serve at the pleasure of or upon the terms prescribed by the Board of Directors. The Executive Director so appointed may be an employee of a member entity, an employee of the Authority, or an independent ESTA Joint Powers Agreement (eff ) Page 5 of 12

29 contractor. Under rules and regulations provided by the Board, the powers and duties of the Executive Director are: a. To lead and coordinate the transit system of the Authority and to be responsible to the Board of Directors for proper administration of all affairs of the Authority. b. To appoint, assign, direct, supervise, and, subject to the personnel rules adopted by the Board of Directors, discipline or remove Authority employees. c. To supervise and direct the preparation of the annual operating and capital improvement budgets for the Board of Directors and be responsible for their administration after adoption by the Board of Directors. d. To formulate and present to the Board of Directors plans for transit facilities and/or services within the Authority and the means to finance them. e. To supervise the planning, acquisition, construction, maintenance, and operation of the transit facilities and/or services of the Authority. f. To attend all meetings of the Board of Directors and act as the secretary of the Board. To cause to be kept minutes of all meetings of the Board of Directors and to cause a copy of the minutes to be forwarded to each member of the Board of Directors and to the member entities, prior to the next regular meeting of the Board of Directors. g. To establish and maintain fare collection and deposit services. h. To organize and operate an ongoing transit marketing program, including free-ride events and other special promotions selected by the Board of Directors. i. To execute transfers within major budget units, in concurrence with the Treasurer Auditor-Controller of the Authority, as long as the total expenditures of each major budget unit remain unchanged. j. To purchase or lease items, fixed assets, or services within the levels authorized in the Bylaws. k. To lease buses, vans, and other transit vehicles on an as needed basis from public or private organizations when deemed necessary to assure continued reliability of service. l To perform such other duties as the Board of Directors may require in carrying out the policies and directives of the Board of Directors. ESTA Joint Powers Agreement (eff ) Page 6 of 12

30 SECTION 2.4 BONDING PERSONS HAVING ACCESS TO PROPERTY: The Governing Board of the member entities shall designate the officers, agents, and employees of the Authority who have charge of handling, or have access to, any property of the Authority, and such Governing Boards shall determine the amount of the official bond for such officers, agents, and employees pursuant to Section of the Government Code. SECTION 2.5 FINANCE: The Treasurer Auditor-Controller shall assure that there shall be strict accountability of all funds of the Authority. The Executive Director shall draw warrants to pay demands against the Authority when the demands have been approved by the Board of Directors. a. The Executive Director will report to the Board of Directors all receipts and disbursements. In addition, the Executive Director shall, through the Regional Transportation Planning Agency (RTPA), arrange for an independent audit of the accounts and records, as prescribed by Section 6505 of the Act. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section of the Government Code, and the audit shall conform to generally accepted auditing standards. The books of account shall include records of assets, liabilities, and contributions made by each party, including TDA funds received by the Authority as an agent for a member agency. SECTION 2.6 SECONDARY SUPPORT SERVICES: The Executive Director shall be responsible to arrange for the following secondary support services: a. Legal Counsel, General Services, Office Space, Fueling Services, Parking, Utilities, Administrative Support, Communications, Clerk of the Board, Payroll, and other support services. b. The provision of and corresponding charges for said services shall be subject to authorization from the Executive Director and in accordance with the provisions of this Agreement, Bylaws, and Regulations, and Policies and Procedures adopted by the Board of Directors, and with all other applicable federal and state laws, rules and regulations. ARTICLE III PURPOSE, POWERS AND DUTIES Section 3.1 PURPOSE AND POWERS: The purpose of the Authority is to provide public transportation services within the jurisdiction and boundaries of the member entities. In order to carry out this purpose, the Authority shall have each of the following powers: a. To make and enter into contracts and expend funds, providing for transportation services to the public, including special transportation ESTA Joint Powers Agreement (eff ) Page 7 of 12

31 dependent groups, such as the elderly or handicapped, as well as other governmental entities, such as the US Government; b. To supervise and oversee the performance of transportation service contracts; c. To provide all services necessary to operate a transportation system; d. To acquire, construct, manage, maintain or operate any facilities or improvements; e. To acquire, hold and dispose of property; f. To incur debts, liabilities or obligations, which do not constitute a debt, liability or obligation of the member entities; g. To employ personnel; h. To sue and be sued in its own name; i. To invest in accordance with the provisions of Section of the Act, money in the treasury of the Authority that is not required for immediate necessities of the Authority; j. To apply for, accept and utilize funds from any source for public transit purposes, including Transportation Development Act Funds, State Transit Assistance Funds, and Section 5310 and Section 5311 funds available through the Federal Transit Administration; k. To raise revenues, including the establishment of transportation fares, for transit services; l. To incur short-term indebtedness; m. To own, lease, operate and maintain transportation vehicles and other property or equipment, which is necessary or reasonable to carry out the purpose of this agreement, and n. All other powers that are necessary and proper for the Authority in order to provide public transportation services. o. Provide services to locations outside the jurisdiction and boundaries of any of the member entities. These powers may be exercised by the Authority in the same manner, and subject to the same restrictions, as such powers are exercised by the Town of Mammoth Lakes. ESTA Joint Powers Agreement (eff ) Page 8 of 12

32 SECTION 3.2 DUTIES: The authority shall have the following specific duties: a. On or before April 1 of each year, it shall cause to be prepared and submitted to the Board of Directors and each of the member entities a proposed budget for the upcoming fiscal year. The proposed budget shall be subject to the provisions of Article IV of this Agreement. b. The Governing Board of each member entity shall designate the Authority as its nonexclusive agent to prepare and submit claims for funds to the Mono County Local Transportation Commission (MCLTC) and/or Inyo County Local Transportation Commission (ICLTC) in accordance with the Transportation Development Act and its regulations, to receive such funds, and to provide and/or negotiate, prepare contracts, and contract for transportation services. c. The Authority will prepare and submit to the member entities quarterly progress reports concerning the provision of services by the contracting parties. d. The Authority shall provide transit services and shall, on or before April 1, of each year, provide a qualitative and quantitative evaluation of the services to the member entities. e. Within 90 days after the close of the fiscal year, the Authority shall prepare and submit an annual report of its operation to the member entities. SECTION 3.3 OBLIGATIONS AND AUTHORITY: The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of any of the member entities. SECTION 3.4 SERVICE CHANGES: Authority services at the time of formation are defined as those services provided by Inyo-Mono Transit to each member entity in the year prior to the formation of the Authority. Transportation Development Act Funded Services: Services may be adjusted from time to time as deemed appropriate by the Board of Directors. Each member entity, by resolution or minute order of its governing body, may submit a request to the Authority for changes in the transportation services funded through TDA within said member entity s jurisdictional boundaries. Said request shall include an adequate description of the requested transportation services. In reviewing such requests, the Authority shall consider: a) Whether such changes are in substantial conformance with the adopted regional transportation plan; ESTA Joint Powers Agreement (eff ) Page 9 of 12

33 b) Whether there is sufficient funding available to implement the proposed service change; and c) Whether there are sufficient manpower and capital resources available to implement such services. For services operating wholly within an individual jurisdiction s boundaries, preference shall be given to the plans of the local jurisdiction. Contract Services: Individual jurisdictions can negotiate with the Authority for provision of services above the level of service funded through the Transportation Development Act or other funds obtained by the Authority. The costs associated with these additional services shall be calculated based upon marginal costs plus allocation of fixed costs to the additional services based upon the proportion of vehicle-hours for the service to the total vehicle-hours provided by the JPA and shall be charged to and paid by the individual jurisdictions. SECTION 3.5 LIABILITY OF THE PARTIES: No debt, liability, or obligation of any one member entity shall constitute the debt, liability, or obligation of any of the other member entities. The Authority created hereunder shall indemnify and hold harmless the member entities and their agents, officers and employees from and against any damages, costs, or liabilities arising out of the acts or omissions of the Authority, or its officers, agents, and employees. Where Authority employees are also employees of a member entity, the Authority shall indemnify and hold harmless that employing entity for any damages, costs, or liabilities arising out of the acts or omissions of the employing entity s agents, officers or employees when those persons act on behalf of or at the direction of the Authority. The Authority shall maintain insurance coverage (including workers compensation coverage) adequate to fulfill its responsibilities under this section. ARTICLE IV FUNDING SECTION 4.1 TRANSFER OF TRANSPORTATION ASSETS: The member entities will transfer all existing transportation assets being operated on their behalf by Inyo-Mono Transit to the Authority. The Board of Directors shall be responsible to establish policies and procedures for managing such assets. SECTION 4.2 TRANSFER OF EMPLOYEES: It is anticipated that some of the current employees of Inyo County will desire to have the option of retaining their current benefit structure. It is the intent of the member entities to provide an option under which current Inyo County employees who work under the supervision of the Authority can grandfather their current benefit structure. ESTA Joint Powers Agreement (eff ) Page 10 of 12

34 SECTION 4.3 ADMINISTRATIVE AND OPERATING COSTS: The Governing Board of each member entity shall designate the Authority as its nonexclusive agent for purposes of applying for and receiving Transportation Development Act Funds to be used solely of [sic] the purposes of funding the administrative, operating and capital costs to be incurred by the Authority under the provisions of the Transportation Development Act statutes and applicable California Code of Regulations. SECTION 4.4 APPROVAL OF BUDGET: The Board of Directors shall adopt the annual budget of the Authority. SECTION 4.5 LIMITATION OF FUNDING RESPONSIBILITIES: No member entity may be required to provide funding greater than that received by said member entity from the Inyo County Local Transportation Commission or Mono County Local Transportation Commission without the consent of its governing board; provided, however, any member entity may choose to provide additional funding if its governing board so provides. SECTION: 4.6 ASSIGNMENT OF FEDERAL TRANSPORTATION (FTA) CONTRACTS AND GRANT APPLICATION AUTHORITY: a. Subject to approval from FTA, the member entities may assign existing FTA contract and policies, including contractual requirements, assurances, and responsibilities, over to the Authority. b. The Authority Executive Director is hereby authorized to prepare, submit, and execute grant applications for the use of FTA operating, planning and capital funds, as well as other state and federal funds which may become available, for those projects included in the adopted budgets or Short Range Transit Plans, and for those projects approved by the Authority Board of Directors. SECTION 4.7 GANN LIMIT TRANSFER: To the extent required by law and as provided by Article XIII B, Section 3 of the California Constitution, the appropriations limit of the Authority shall be increased by such reasonable amount as the member entities shall mutually agree, and the appropriations limit of each member entity shall be decreased as the member entities shall mutually agree. ARTICLE V DISPOSITION OF ASSETS SECTION 5.1 SUCCESSOR ENTITY: If the Authority shall be succeeded by a new and separate entity or public entity deemed by the Authority Board of Directors to be a successor entity, that entity or entities shall receive title to all property held by the Authority pursuant to THIS AGREEMENT. ESTA Joint Powers Agreement (eff ) Page 11 of 12

35 SECTION 5.2 NO SUCCESSOR ENTITY: Upon termination of the Authority, without a successor entity or entities, the Board of Directors shall determine whether, and in what proportion, the property held by the Authority shall be divided among the parties to THIS AGREEMENT, or whether such property shall be sold and the proceeds disposed of pursuant to subparagraph 5.3. SECTION 5.3 SURPLUS MONEY: Upon termination of the Authority, with no successor entity, all funds, including the proceeds of the sale of property, in the possession of the Authority after payment of all costs, expenses, and charges validly incurred under THIS AGREEMENT, shall be returned to the member entities in proportion to their contribution as shall be determined by the Board of Directors. ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1 SEVERABILITY: If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction, or if it is found in contravention of any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement or the application thereof, shall not be invalidated thereby, and shall remain in full force and effect to the extent that the provisions of this Agreement are severable. IN WITNESS WHEREOF, the parties hereto have cause THIS AGREEMENT to be executed and attested by the proper officers, who are duly authorized, as of the day and year first above written. CITY OF BISHOP INYO COUNTY By: By: Mayor, City of Bishop Chairman, Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: City Attorney TOWN OF MAMMOTH LAKES ATTEST: Clerk of the Board APPROVED AS TO FORM: County Counsel MONO COUNTY By: By: Mayor, TOML Chairman, Board of Supervisors ATTEST: Clerk of the Board APPROVED AS TO FORM: City Attorney ATTEST: Clerk of the Board APPROVED AS TO FORM: County Counsel ESTA Joint Powers Agreement (eff ) Page 12 of 12

36 PASSED AND ADOPTED this 16 th day of October 2015, by the following vote: Ayes: Noes: Abstain: Absent: Chairperson Eastern Sierra Transit Authority Board of Directors ATTEST: Susan Distel, Board Clerk Resolution

37 Agenda Item #9 October 16, 2015 STAFF REPORT Subject: Initiated by: Mammoth Mountain Ski Area Contract Amendment John Helm, Executive Director BACKGROUND ESTA and Mammoth Mountain Ski Area (MMSA) entered into an Agreement in 2012 for the provision of transit services during the winter ski season. The Agreement has been amended annually to cover the 2013/14, and 2014/15 ski seasons. ANALYSIS Amendment Number 2 to the Agreement between ESTA and MMSA for transit service during the 2014/15 winter season expired on May 27, 2015 at the conclusion of the ski season. MMSA has indicated to ESTA that it desires to continue the arrangement whereby ESTA operates the transit service on the Red, Blue, Green and Yellow Lines for the 2015/16 winter season. Discussions involving ESTA and MMSA and have culminated in a contract amendment for the coming winter season, which has been approved by MMSA. The amendment addresses the rates of compensation, the estimated service hours for the season, the operation of a new early-season Blue-Yellow Combination route, and adds the 2015/16 winter season to the term of the Agreement. The monthly fixed fee and base hourly rates of compensation are unchanged from the 2014/15 season as a result of expected moderation of operational costs for the service. The cost of fuel continues to be addressed through a separate contractual cost adjustment formula and is not a part of the compensation rates adjustment. Amendment Number 3 to the Agreement between ESTA and MMSA is included on the following pages for the Board s review. FINANCIAL The services identified in Amendment No. 3, and the associated revenues are included in ESTA s FY 2015/16 budget. The Agreement is projected to generate $1.033 million in revenue in FY2015/16.

38 LEGAL Amendment No. 3 to the Agreement between ESTA and MMSA is identical in form to Amendment Numbers 1 and 2, and has been reviewed and approved as to form by John Vallejo, Mono County Deputy County Counsel. RECOMMENDATION The Board is recommended to approve Amendment No. 3 to the Agreement between ESTA and MMSA for the provision of transit services for the 2015/16 winter season and to authorize the Executive Director to execute the Amendment.

39 Amendment No. 3 to the AGREEMENT by and between Mammoth Mountain Ski Area LLC, and the Eastern Sierra Transit Authority THIS Amendment No. 3, dated, 2015, to the Agreement by and between the Mammoth Mountain Ski Area LLC, hereinafter referred to as "MMSA" and the Eastern Sierra Transit Authority, hereinafter referred to as "ESTA", dated July 7, 2012, and as amended by Amendment No. 1 dated October 15, 2013, and Amendment No. 2 dated October 7, 2014, modifies the AGREEMENT as follows: Whereas, the AGREEMENT expired on or about May 27, 2015; Whereas, the Parties to the AGREEMENT desire to retroactively add a new term to the AGREEMENT covering the 2015/2016 ski season and thereby revive the AGREEMENT for that time period; Now, therefore, the Parties to the AGREEMENT agree to amend the AGREEMENT as follows: I. ADD to the end of the first paragraph of Section 1: 1. Commencement and Term of Agreement: MMSA and ESTA mutually agree to add the period of October 1, 2015 through May 31, 2016 to the term of the Agreement. II. REPLACE paragraphs a, b, and d of Section 15. Compensation: a. For services rendered by ESTA under this Agreement for the 2015/16 season, MMSA shall pay ESTA a fixed monthly sum of Fifty-Eight Thousand and Two Hundred Thirty-Five Dollars ($58,235.00) per month for seven (7) months from November through May, plus Fifty-Six Dollars and Forty-Eight cents ($56.48) per vehicle service hour. Early and late season service hours for the Blue- Yellow Combination Route shall be charged at $42.00 per hour. A Vehicle Service hour is defined as every hour or fraction of an hour that a transit vehicle is operating from the first passenger pickup point to the last passenger delivery point as designated by the route schedules. Travel from the bus garage to and from the route, meal breaks, and storage does not constitute vehicle service. b. The estimated number of vehicle service hours for the 2015/16 season is 11,100 as detailed in Exhibit A. The maximum cumulative payment obligation by MMSA to ESTA for this service level is One Million Thirty-Three Thousand Seven Hundred Nine dollars ($1,033,709.00). MMSA-ESTA Agreement: Amendment No. 3 Page 1 of 3

40 c. [no change to this paragraph] d. The Vehicle Service Hour rate of $56.48 per hour shall be charged for all hours except the service hours for the Blue-Yellow Combination route, which shall be charged at $42.00 per hour. These rates shall be applied to all service hours operated within a seasonal total range of 8,879 to 13,319, which represents a twenty percent (20%) plus or minus range from the estimated total of 11,100 vehicle service hours for the season. III. REPLACE the Scope of Work Preface, and Service Days and Hours Table of EXHIBIT A with the following: Scope of Work ESTA shall operate the Red, Blue, Green, Yellow, and Blue-Yellow Combination Lines for the 2015/16 ski season. The estimated service dates and hours are detailed in the following table: SERVICE DAYS AND HOURS: Red Line Blue Line Green Line Yellow Line Blue- Yellow Combo Opening Day 11/20/ /17/ /17/ /17/ /26/2015 Closing Day 5/30/2016 4/17/2016 4/17/2016 4/17/ /16/2015 Service Days Frequency in TOTAL minutes Base Daily 2.75** 31* Service Hours (billable) Base Season Service Hours 5,701 1,261 1,261 1, ,547 Addl. Svc Hours 1, ,557 Total Svc Hours 6,791 1,571 1,419 1, , (12/17 4/17) To the extent reasonably possible, more frequent headway service shall be provided on the routes as demand warrants on busy days (weekends, holidays). Service frequency shall be adjusted as directed by MMSA with a minimum of five days advance notice. ESTA shall coordinate with MMSA staff regarding traffic flow patterns and passenger pickup/drop-off locations at each of the MMSA Lodges. * Red Line is projected to operate 21 service hours per day from April 25 th through May 30 th. ** Blue Yellow Combination route shall operate from 9:00am until 5:15pm All other terms and conditions of the AGREEMENT shall remain in full force and effect. MMSA-ESTA Agreement: Amendment No. 3 Page 2 of 3

41 ACCEPTED AND AGREED: MAMMOTH MOUTAIN SKI AREA EASTERN SIERRA TRANSIT AUTHORITY Signed: Signed: Print Name: Print Name: Title: Title: APPROVED AS TO FORM Mono County Counsel s Office Counsel to the Eastern Sierra Transit Authority Signed: Title: MMSA-ESTA Agreement: Amendment No. 3 Page 3 of 3

42 Agenda Item #10 October 16, 2015 STAFF REPORT Subject: Initiated by: Mammoth Lakes Strategic Alignment Workshops Update John Helm, Executive Director BACKGROUND: At the September 2015 meeting of the ESTA Board of Directors, the Board received an update regarding the Strategic Alignment workshops that had taken place in August and September. The Board provided direction to staff to share at the next workshop, which was scheduled for early October. ANALYSIS/DISCUSSION: The fourth in a series of workshops designed to strategically align the Town of Mammoth Lakes partners was conducted on Monday, October 12, At that workshop, the service provider Partners (ESTA, Mammoth Lakes Tourism, Mammoth Lakes Housing, and Mammoth Lakes Recreation) provided feedback received from their governing bodies and worked to better refine the strategic vision elements, goals and priorities that had been developed in previous sessions. Specifically, the Workshop refined the analysis of Partner strategic priorities within the framework of the Town s strategic priorities, and attempted to identify specific steps that could be taken within an month time frame and within a 10-year time frame to implement the priorities. The ESTA priorities that were discussed included implementing expanded reliable transit service and achieving a situation where the community (visitors and residents) regularly use the service. This priority was placed within the month time frame and is, for the most part, already being achieved. The other priority that was addressed was related to helping the Town to address the parking problem. It was determined that the problem could be most effectively be reduced by developing an efficient, multi-modal transit facility in conjunction with development of parking nodes at strategic locations throughout town.

43 ESTA would be intricately involved in providing input on the design and siting of a future transit hub. A follow-up workshop has been scheduled for November 17, 2015, and it is anticipated that the Partners will develop an action plan at that workshop to implement the strategic priorities. RECOMMENDATION It is recommended that the Board receive the update on the Town of Mammoth Lakes Strategic Alignment workshops and provide any desired direction to staff.

44 A proud cohesive community with clear direction and working together to achieve success A beautiful town that co-exists with the natural environment and where visitors and locals gather and connect with one another A true year-round destination offers the best alpine recreation community in the country Sustainable integration of unique place, a vibrant community, and economic security Town has a reputation for leadership, getting things done, a vibrant powerful K-14 school system, a culture of stewardship toward the mountains and trails A welcoming business environment and an entrepreneurial development pipeline has grown a successful business community Smart development has fostered a feet first town and every person who wants to live in Mammoth can, affordably and safely Expanded air-service has opened Mammoth Lakes to the world Page 1 of 7

45 WHAT ARE THE CORE COMMUNITY VALUES THAT WILL INFORM OUR PARTNERSHIP? Safe Vibrant Inclusive Community A Natural Active Place You Can Live Here A Memorable Experience We Are All In It Together We Will Ensure Our Community Is Safe, Inviting, Inclusive, & Vibrant We Strike The Balance Between People, Buildings, And Our Beautiful Natural Environment We Will Foster A Thriving Community Where People Can Live, Work, & Play For The Long-Term We Will Enhance Memorable Experiences Through Active Community Dialogue Working Together As Partners Will Lead The Community To Wise Decisions; How Each Decision Strengthens Our Partnerships Real Town Enfranchise The Local Community Sense Of Community Cultural Integration Diverse Talent Community Pride Arts & Culture Diversity Education Openness & Inviting Safe Community Safety Volunteerism Small Town Environment Everyone Is Connected To The Community Passion For The Community Place The Place Is Defined By Natural Resources Natural Environment/ Natural Resources Compact Size We re Not That Remote = Air Service, Digital 395 Sustainable Recreation The Big Playground Great Outdoors High Value On Natural Resources Great People, Places, Experiences Ease Of Access To All Can Afford To Live And Work Here Wages & Careers = The Cost Of Living A Year Round Economy Equals Economic Security Cost Effective Living Career Opportunities/ Economic Stability Livable Community Jobs Affordable Housing Community Needs To Deliver A Quality Guest Experience Expanded Hospitality Options & Recreation Experiences New Experiences Enhance Our Amenities And Infrastructure Good Customer Service/ Consistency We need active partners to survive Collaborative partnerships & volunteerism Page 2 of 7

46 TOML Strategic Priorities, NGO Priority Alignment, and Integrated 2025 Major Goals TOML Strategic Priorities Updated TOML Commitments Practical Functional Purposeful Powerful 2025 Major Goals TOML & NGO Partners A. Enhance Community Amenities a. Ground breaking for new Sherwin Trail and first amenity b. Strategic plan for use of Measures U and R revenues c. Successful engagement and strengthen relations with Inyo National Forest Plan d. Mammoth Lakes Recreation (MLR) to finalize a prioritized list of recreational / amenities projects. e. Enhance and expand Multi-Modal Transit services to meet goal of being a feet first community; Strengthen secondary partnerships to support these outcomes MLR Find a permanent home for Multi-use facility; bring added value to public money; responsible management and allocation of Measure R & U funds MLR Town Council agreed not to negotiate a new lease agreement on school property; partnered with Kern Community College, Mammoth Lakes Foundation & numerous private and public donations with support for maintenance and operations with Measure U funds MLT Work with MLR & ESTA; increase visitation to increase funding for Measures A, R, T, U; support efforts via marketing MLR Town council gave direction to multipartners to determine location and build a facility; 300 seat theater with full stage for visual and performing arts MLR By Oct hosting a ribbon cutting ceremony for multi-use facility which includes ice rink; golden shovel ceremony for the pouring of the foundation for the performing arts center Oct TOML Aware of needs; bring the list/ amenities - $ s, time, priority, additive vs duplicated; move to public discussion/ facilitate Leveraged Technology - A digital 395 based business sector - Gigabyte community Arts Recreation Culture - Over 100 miles of new well designed single track trails; lots of snow and water - The Mammoth Lakes Region is a thriving USOC National High Altitude training center - Amplified Arts and Culture programs and facilities Hard Assets - A better set of community assets and amenities - Redevelopment of key sites in town incorporate: - Mixed use - Daycare - Walkability - More diverse retail and restaurant offerings - Improved infrastructure: Multi-use Facility - New Town Hall - New police station - Visitor Amenities new hotels, zip line, other attractions - New infrastructure - New Terminal Page 3 of 7

47 TOML Strategic Priorities Updated TOML Commitments Practical Functional Purposeful Powerful 2025 Major Goals TOML & NGO Partners B. Improve Air Service a. An Air Terminal Plan to accommodate future growth air service and defined financial plan for terminal; ALP complete; night restrictions lifted; East AND West departures now available b. Airport landing alternative improving air reliability c. Year-round market expansion; added Denver; right size via the data and optimize usage and subsidies MLT access (visitors/ locals); increase reach (worldwide); destination credibility vs competitions; business attraction; community education ESTA Balance public vs private services MLT educate community cancellations, access (visitors and locals); business buy in packages, 10 packs, connectivity MLT increase enplanements; increase new markets; increase ROI (63% more than drive); increase funding available TOML Need more people in seats ; expanded flights; destinations; community commitment (i.e. good use of money for air service); define the Why - Winter/summer; outside awareness of service; have partners; defined projects terminal; lack some level of shared purpose ski/ summer MLT Secure subsidy funding Town Council/ TBID; funding collection and processing Town Finance; partnership on air service committee with TOML & MMSA; ALP, Facility, Future Routes; airline partnerships (FAA) ESTA Deliver riders to lodging (within planning horizon 10 years); implement expanded reliable transit service; Community uses it (visitors and residents) Air Service - New Airport Terminal and expanded air service - Year round air service to multiple cities Page 4 of 7

48 TOML Strategic Priorities Updated TOML Commitments Practical Functional Purposeful Powerful 2025 Major Goals TOML & NGO Partners C. Enhance Municipal Capacity a. Regional solution for Police facility needs to be implemented December 2017; Integrate with Sheriff, CHP, Courts for a regional approach; local facility completed b. Negotiating staffing and organizational plan for 21st Century municipal government; Align with the outputs from the 4 workshops; link to customer expectations via customer focused practices; need 7 day per week government c. Financial stability. Reserve Acct at $3 million and A bond rating; Refocus what financial stability means beyond the short term target TOML Grow the Town s capacity internal tech knowledge; knowing when service goes out (MLH, MLT, MLR); what belongs with the Town; internal/ external see value of quality Town organization MLR Announcement of public/ private partnership to upgrade and provide a public aquatic center MLR New single track trail under construction in the Sherwins (Summer 2016) Financial Resources - $22 million budget - Lawsuit is paid off Page 5 of 7

49 TOML Strategic Priorities Updated TOML Commitments Practical Functional Purposeful Powerful 2025 Major Goals TOML & NGO Partners D. Implement Comprehensive Community Plan a. Synergy Summits (three complete; fourth one upcoming) b. Comprehensive Community Action Plan (an elevation or conceptual plan bringing to life in a visual way what the future Town may look like); Need to refine this priority for better clarity MLH - Community outreach; staff coordination; advertising; marketing; education MLH Community Resource; online/ physical presence; first time homebuyers; rentals; rehab; homebuyer education/ classes; new construction MLH Creation of homes for workforce ESTA Include transit tools in new development/ planning (not an after-thought) MLH Helps facilitate a viable community TOML Building those connections that tie the Town together; design, path, sidewalks; beautification event site TOML Finalize the 1 st draft of our Story Map (will change); all engaged on developing the story and on the ground Housing - Continued affordability of homes for local families - Houses not condos affordable for Mammoth s working class - A residential neighborhood at Shady Rest - Shady Rest Tract houses 172 workforce households E. Solve Parking Problem a. Parking plan for Village in place Short term solution implemented; need a refocus on removing blight b. Town-wide parking solutions in process ESTA Support parking solution with effective service facilities ESTA Create transit system that makes people understand they don t need a car at all TOML need integration with transit; amenities tie in; transit hubs; guest experience needs parking (i.e. the Village); workforce where/ location Hard Assets - Parking crisis solved Page 6 of 7

50 TOML Strategic Priorities Updated TOML Commitments Practical Functional Purposeful Powerful 2025 Major Goals TOML & NGO Partners F. Diversify Economic Development a. Develop and implement Economic Development Strategy; consider EIFD and similar new tools b. Build on recent success and coordinate with partners on enhanced offering to residents and visitors during May-Oct Summer of 2016 c. Regional Solid Waste Plan implemented; secure long term agreement with a waste hauler d. Be a Gigabyte Community with strategy adopted for regional consortium to implement e. Blight removal starting with focus on commercial corridors f. Customer Service Academy in partnership with Chamber; Link directly with the new economic development strategy MLH - Connections with Chamber business Resource Outreach MLT Visitor needs year round activity; weather proof; access opportunities; town brand image; maximize place MLH- Participate actively in the direction of local meetings MLT Work with all partners ; MLT involvement via leadership and participation; define common goals MLH- Provide housing amenities to those seeking them MLH Enables Economic Diversity by providing homes for local workers MLT Collaboration and agreement event sites, brand/ place/ image; eliminate road blocks NIMBY; cultivate federal partners to enhance experience TOML All buy in to a real destination resort; need investment housing, amenities, invigorate marketing; collective voice on who we are and where we are going to us and to future investors Stable (Vibrant) Economy - More stable year round economy: - Increase visitation in shoulder seasons - Year round resort - Stable economy so the 18 year olds can decide to stay but we re still surrounded by the natural wonders that they ll want to stay and enjoy - Increased career opportunities - Professional jobs for young people - Better year round jobs available G. Tackle Single Family Residential Short- Term Rental Decision on Town Wide Basis TOML Need the community conversation; Measure Z will impact the ability of all to address needs achieve goals Page 7 of 7

51 ANNUAL REPORT 2015

52 ESTA s Mission.to provide excellent public transportation services in an entrepreneurial style within the Eastern Sierra Region. The Authority, through its leadership provides responsive and reliable services and is a regional platform for service planning and funding decisions. WHO - The Eastern Sierra Transit Authority (ESTA) is a Joint Powers Authority comprised of Inyo County, Mono County, the City of Bishop and the Town of Mammoth Lakes. The Authority was formed in 2006 to address growing public transit needs within the Eastern Sierra region. WHERE Eastern Sierra Transit provides service throughout Inyo and Mono Counties and along a 400 linear mile area extending from Lancaster to Reno. The majority of ESTA s services are operated in the Bishop and Mammoth Lakes Areas.

53 WHAT - ESTA s provides a wide range of transit service including: door-to-door dial-a-ride service in Bishop, Mammoth Lakes, Lone Pine and the Antelope Valley town-to-town routes serving commuters and shoppers accessing work and commercial centers in Lone Pine, Independence, Bishop and Mammoth Lakes local fixed route service in Mammoth Lakes providing year-round service throughout the Town and to the many nearby recreational opportunities intercity routes known as the 395 Routes providing access to the national intercity bus network and an international airport in Reno, and the national intercity bus network and regional commuter rail service in Lancaster. weekly lifeline service from Bridgeport to Carson City out of Mono County, and from Tecopa/Shoshone to Pahrump in southern Inyo County. HOW - The Eastern Sierra Transit Authority is governed by an eight member Board of Directors with two elected officials appointed from each of the four member entities. One of Mono County s seats on the Board was unfilled for much of the year due to a conflict of interest for the Supervisor who had been appointed to the Board. BOARD OF DIRECTORS Chair Jeff Griffiths Second District Supervisor Tim Alpers Supervisor District 3 Mono County Jo Bacon Town Council Member Town of Mammoth Lakes Jim Ellis City Council Member City of Bishop Michael Raimondo Town Council Member Town of Mammoth Lakes Karen Schwartz City Council Member City of Bishop Dan Totheroh First District Supervisor Inyo County

54 The 2014/15 fiscal year marked the eighth full year of operation for ESTA, providing local and regional transit service throughout Inyo and Mono Counties. The Authority had grown significantly over this period of time both in scope of operations and in breadth of funding resources. As the Authority has grown in scope, it has also matured in terms of perception by residents and users of the transit services. ESTA has grown from a fledgling agency whose future was uncertain, to a respected area service provider that is counted on by passengers, area residents and the local government entities that comprise the joint powers authority. For several years now, the Authority s financial position has strengthened such that the annual advances from the JPA member entities, which were required to supplement operating cash flow to allow payment of ongoing expenses such as payroll and fuel, have not been needed. As of the 2014/15 year, ESTA has developed a strong fund balance that includes reserve funds for capital replacement, budget stabilization, and a general reserve fund. The ongoing drought in California affected transit operations in 2014/15, as the lack of snowfall had a direct, negative impact on area visitation. Accordingly, the MMSA contracted routes were reduced considerably beginning in January. As had been demonstrated during the previous year, MMSA came to recognize that ESTA is a partner they can count on to respond to changing conditions. The nature of the agreement with MMSA is specifically designed to allow for modifications to the service levels to address variation in demand. An off-shoot of the low snowfall winters is that fact that summer can, and has started early in recent years. This has led to dramatic increases in summer business, particularly in the Mammoth Lakes area. This increased visitation has resulted in increased service on the Lakes Basin Trolley route to accommodate the increase in the number of riders wishing to access the recently completed Lakes Basin Bike Path. The increased length of the summer service season has also been reflected in dramatic ridership increases on the 395 routes to Reno and to Lancaster, as backpackers utilize these routes to access the eastern sierra region. The well-developed and stable status of ESTA as of the 2014/15 year has proven itself as the fluctuations in ridership and visitation by season have been successfully addressed, and the Authority has continued to strengthen on both a financial and operational basis. John Helm Executive Director

55 Images 2015 Driver orientation training in the new Reno- Lancaster buses Pre-season interpretive training at Devils Postpile Another beautiful day on the Reds Meadow route New Sprinters arrive for Bishop Dial-a-Ride service 4 th of July Parade Mammoth Lakes

56 FINANCIALS 2014/15 1,746,683 Operating Source FY2015 (unaudited) 523,769 70, ,087 1,546,798 Passenger Fares State Funds Federal Funds Contract Services Other REVENUE Passenger Fares $880,087 State Funds $1,546,798 Federal Funds $523,769 Contract Services $1,746,683 Other $70,578 TOTAL $4,7671, ,131 Operating Expenses FY2015 (unaudited) 533, ,638 2,244,657 Salaries & Benefits Materials and Supplies Services Other EXPENSES Salaries & Benefits $2,244,657 Materials and Supplies $499,638 Services $533,513 Other $589,131 TOTAL $3,826,938

57 FACTS and FIGURES Fleet: # Description Service passenger buses Reds Meadow and MMSA passenger buses 395 Routes 7 Trolleys Fixed Route (Mammoth Lakes) passenger Local Dial-a-Ride, Community Circulator 4 11-passenger Sprinters Local Dial-a-Ride 4 Minivans Local Dial-a-Ride 57 TOTAL Note: 5 minibuses and 7 trolleys are owned by the Town of Mammoth Lakes. Personnel: # Description 5 Management 4 Administrative 65 Drivers 2 Support FY 2014 Operating Statistics: 2014/ /14 % Variance Vehicle Service Hours 53,474 53, % Service Miles 863, , % Passenger Trips 975, , % FY 2015 Key Performance Indicators: 18.2 passengers trips per hour (0% increase from 13/14) 23% farebox recovery ratio (10% = state required minimum) $2.99 subsidy per passenger (2% increase from 13/14) 1.09 Preventable accidents per 100,000 miles (12% decrease from 13/14) 35.0 Passenger Trips per Hour FY 12 FY 13 FY 14 FY 15

58 EASTERN SIERRA TRANSIT AUTHORITY 703 Airport Road P.O. Box 1357 Bishop, CA

59 Agenda Item #12 MONTHLY REPORT SEPTEMBER 2015 Percent Percent Sep-15 Aug-15 Change Sep-14 Change PASSENGERS Adult 35,784 96, % 21, % Senior 1,841 1, % 1, % Disabled 1,098 1, % 1, % Wheelchair % % Child 8,555 24, % 6, % Child under , % % Total Passengers 48, , % 31, % FARES $78, $218, % $41, % SERVICE MILES 67,992 91, % 58, % SERVICE HOURS 4,034 5, % 3, % Passengers per Hour % % Operations Report September 2015 Page 1 of 7

60 RIDERSHIP COMPARISON REPORT MONTH - THIS YEAR/LAST YEAR FISCAL YEAR TO DATE Route Sep-15 Sep-14 Variance % Change FY 15/16 FY 14/15 % Change Mammoth Express % 1, % Lone Pine to Bishop % 1,209 1, % Lone Pine DAR % % Tecopa % % Walker DAR % % Bridgeport to G'Ville % % Benton to Bishop % % Bishop DAR 3,563 3, % 10,608 9, % Nite Rider % 1, % Mammoth FR 28,011 22,987 5, % 155, , % Mammoth DAR % % Reno % 2,254 1, % Lancaster % 1,484 1, % Reds Meadow 13,727 2,656 11, % 141, , % TOTALS 48,189 31,609 16, % 317, , % PASSENGERS PER SERVICE HOUR REPORT MONTH - THIS YEAR/LAST YEAR FISCAL YEAR TO DATE Route Sep-15 Sep-14 % Change FY 14/15 FY 13/14 % Change Mammoth Express % % Lone Pine to Bishop % % Lone Pine DAR % % Tecopa % % Walker DAR % % Bridgeport to G'Ville % % Benton to Bishop % % Bishop DAR % % Nite Rider % % Mammoth FR % % Mammoth DAR % % Reno % % Lancaster % % Reds Meadow % % Total % % Operations Report September 2015 Page 2 of 7

61 Route Fares Adults Snr Dis W/C Child Free Sep-15 Total Pax Mammoth Express $1, ,003 4, Lone Pine to Bishop $1, ,116 4, Lone Pine DAR $ ,026 1, Tecopa $ Walker DAR $ ,284 1, Bridgeport to G'Ville $ , Benton to Bishop $ , Bishop DAR $7, , , ,348 9, Nite Rider $2, ,101 1, Mammoth FR $ 21, , ,011 1,558 1,505 22,270 21,481 N/A N/A Mammoth DAR $ Reno $12, ,114 8, Lancaster $6, ,060 5, Reds Meadow $43, , , , ,485 6, Total $78, ,784 1,841 1, , ,189 4,324 4,034 72,208 67, Yd Hrs Svc Hours Yd Mi SVC MILES AVG FARE REV/SVC MILE PAX / SVC HR MI / SVC HR PAX / SVC MI Sep-14 Mammoth Express $1, ,973 2, Lone Pine to Bishop $2, ,088 4, Lone Pine DAR $ ,092 1, Tecopa $ Walker DAR $ Bridgeport to G'Ville $ Benton to Bishop $ , Bishop DAR $7, , , ,982 9, Nite Rider $1, Mammoth FR $ 16, , ,987 1,429 1,374 20,448 19,836 N/A N/A Mammoth DAR $ Reno $13, ,744 9, Lancaster $6, ,152 5, Reds Meadow $7, , , ,064 1, Total $41, ,634 1,371 1, , ,609 3,715 3,458 62,442 58, Operations Report September 2015 Page 3 of 7

62 ROUTES FARES ADULTS SNR DIS W/C CHILD FREE VARIANCE BY ROUTE (RAW NUMBERS) September 2015 TO September 2014 TOTAL PAX YD HOURS SVC HOURS YD MILES SVC MILES AVG FARE REV/SVC MILE PAX / SVC HR MI / SVC HR PAX / SVC MI Mammoth Express $ Lone Pine to Bishop -$ Lone Pine DAR -$ Tecopa -$ Walker DAR $ Bridgeport to G'Ville $ Benton to Bishop -$ Bishop DAR $ Nite Rider $ Mammoth FR $ N/A N/A Mammoth DAR -$ Reno -$1, Lancaster -$ Reds Meadow $36, VARIANCE BY ROUTE (PERCENTAGE) September 2015 TO September 2014 Route Fares Adults Snr Dis W/C Child Free Total Pax Yd Hrs Total Svc Hours Yd Mi TOT SVC MILES AVG FARE REV/SVC MILE PAX / SVC HR MI / SVC HR PAX / SVC MI Mammoth Express 44% 59% -13% 122% -75% -64% 38% 55% 62% 68% 69% 5% -15% -15% 4% -19% Lone Pine to Bishop -6% -8% 3% -9% -100% 60% -11% -7% 2% 5% 1% 3% 0% -9% -11% -4% -10% Lone Pine DAR -14% -36% 58% 2% -76% -38% -12% 0% 0% -6% -5% -3% -9% -12% -6% -7% - Tecopa -11.1% 0.0% 0.0% -15.0% -15.4% -1.1% -1.1% 11.1% -10.1% 18.2% 16.9% 1.1% Walker DAR 35% -89% 345% 10% -94% 32% -5% -6% 71% 96% 2% -31% 40% 81% -32% Bridgeport to G'Ville 55% 67% 69% -100% 35% 25% 25% 39% 46% 15% 6% 8% 11% -7% Benton to Bishop -53% -59% -50% -36% -81% -61% -19% -29% 3% -6% 21% -50% -46% 44% -59% Bishop DAR 11.1% -12.0% 33.9% 15.1% -0.3% 43.9% 18.0% 12.1% 4.1% 3.8% 3.7% 2.8% -0.9% 8.1% 8.0% -0.1% 9.1% Nite Rider 56% 50% 50% 1300% -22% 70% 57% 29% 28% 11% 12% -1% 40% 22% -14% 40% Mammoth FR 32% -24% -4% 22% 9% 10% 9% 8% N/A N/A 11% -1% 13% Mammoth DAR -8% 8% 164% -73% -100% 300% 750% 9% 0% 0% -10% -12% -15% 5% 9% -10% 23% Reno -9% -20% 0% -17% 100% 0% -67% -16% -7% -6% -6% -5% 9% -4% -11% 0% -12% Lancaster -8% -16% 10% 16% -71% 500% -30% -10% 0% 2% -1% 0% 2% -9% -12% -3% -10% Reds Meadow 492% 377% 783% 578% 417% 234% 248% 263% 267% 15% 61% 48% 4% 41% Operations Report September 2015 Page 4 of 7

63 Comments There were three comments received during the month of September September 4 th - Passenger called to complain that she had not been allowed to travel aboard the ESTA bus with her service dog. Driver was counseled on ADA rules regarding service animals. September 14 th - Passenger called to complain that the afternoon Bishop to Lone Pine bus passed them by at JC Penney s September 16 th - Passenger called to complain that the Lancaster route driver would not accommodate his request for a restroom break in Inyokern. Follow-up with driver revealed confusion regarding the passenger's request. COMPLAINTS PER 1,000 PASSENGERS MONTH YEAR TO DATE Not to Exceed Target Accident/Incidents There were no preventable accidents in September PREVENTABLE ACCIDENTS PER 100K MILES Current Month Rolling 12- Month Average Standard Operations Report September 2015 Page 5 of 7