1 City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, January 18, 2022 at 5:30 PM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe ------------------------------------------------------------------------------------------------------- Councilmember Bass will be participating via ZOOM from the following location: 700 Ute Ave, Aspen Alps Condo Conference Room , Aspen, CO, 81611, a location accessible to the public.
City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.
Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, City Facebook page at www.facebook.com/CityofSLT/ and via ZOOM at this link https://us06web.zoom.us/j/86256563225
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk’s Office, (530) 542-6005 or [email protected] COVID Protocols: Face Coverings are required inside City Hall and the Council Chambers by all vaccinated and non-vaccinated individuals.
Providing Public Comment:
In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].
By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the “raise a hand” button.
If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 862 5656 3225 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. 1 2
In Writing: Written public comment regarding any item on this agenda may be sent to [email protected].
When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.
The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].
Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.
Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Presentations
1. South Tahoe Chamber of Commerce
Requested Action / Suggested Motions: City Council will receive a Sustainability and Transportation presentation from Bruce Grego and Duane Wallace of the South Tahoe Chamber of Commerce.
Responsible Staff Member: Susan Blankenship, City Clerk 01-TTD proposed taxes.pdf
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda. Comments shall be limited to three (3) minutes.
The consent agenda consists of items of a repeating or routine nature considered under a single action. Any Councilmember may have an item on the consent agenda removed and considered separately upon request.
Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item. 2 3
2. City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion to approve the January 4, 2022 Regular City Council meeting minutes.
Responsible Staff Member: Susan Blankenship, City Clerk 01 04 2022 Minutes.pdf
3. Ordinance - Bijou/Al Tahoe Community Plan Amendments to allow additional height up to 42 feet, with no minimum cross slope or roof pitch requirement for public and quasi-public facilities located in the 56-acres project area (Second Reading)
Requested Action / Suggested Motions: 1) Pass a Motion finding that the Bijou/Al Tahoe Community Plans Initial Study/Negative Declaration/Initial Environmental Checklist adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act, 2) Pass an Ordinance amending the Bijou/Al Tahoe Community Plan.
Responsible Staff Member: John Hitchcock, Planning Manager 01-Staff Report - Ordinance Bijou Al Tahoe Community Plan Amendments.docx 02-Location Map.pdf
03-Ordinance-Bijou Al Tahoe Community Plan Amendments.docx
4. California Natural Resources Agency Grant For Barton Avenue and 2nd Street Drainage Project Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating $1,289,822 in California Natural Resources Agency grant funding, and appropriating $122,222 from General Fund Grant Match Set-Aside Reserve and $61,521 from General Fund Undesignated Excess Reserve for the Barton Avenue & 2nd Street Drainage Project.
Responsible Staff Members: Jason Burke, Stormwater Coordinator and Stan Hill, Engineering Manager
01-Staff Report-Prop 68 Accept and Appropriate.docx
02-Barton and Second-Location Map and Photos.pdf
03-Resolution-Accepting Prop68 Grant Funds Barton 2nd.docx
5. Airport Rates & Charges Study
Requested Action / Suggested Motions: Pass a Motion authorizing the City Manager to execute a contract amendment with Jviation, a Woolpert Company to complete an airport rates and charges study in the amount of $58,813.
Responsible Staff Member: Mark Gibbs, Airport Manager
01-Staff Report - Airport Rates and Charges Study.docx
02-Contract Amendment 2 to C-5-18.pdf
03-TVL LU Inspection Report.pdf
04-C-005-2018-Jviation Inc.pdf
6. Annual Accountability Report for Fiscal Year 2021/22 for the Bijou Area Erosion Control Project, Community Facilities District (CFD2014-1)
Requested Action / Suggested Motions: Receive and File Report.
Responsible Staff Member: Stan Hill, Engineering Manager and Anush Nejad, Director of Public Works
01-Staff Report - Bijou Community Facilities District.docx 02-NBS SB 165 Report - 2020-21
03-Bijou Area Vicinity Map & CFD Location Maps.pdf
3 4
7. Purchase Authorization for Information Technology Secure Backup, Data Protection and Cybersecurity Enhancement Device for Police Department
Requested Action / Suggested Motions: Pass a Resolution authorizing the purchase of a Rubrik R6404S, supportive hardware, and 3 years of support contract in the amount of $54,991.33 from Cadence Team Inc, Yuba City CA through the California Multiple Award Schedules (CMAS) Contract # 3-20-70-3296E.
Responsible Staff Members: Sebastian Knapp, Information Systems Supervisor, Gabriel Raab, Network System Administrator, and Olga Tikhomirova, Director of Finance 01-Staff Report-Information Technology Security Purchase.docx 02-Resolution-Purchase of IT Secure Backup Device.docx
03-Quote - Rubrik for PD.pdf
04-CMAS Juniper Rubrik Contract.pdf
Regular-Unfinished Business
8. Citizen Appointments to Commissions and Boards
Requested Action / Suggested Motions: Pass a Motion appointing 2-year terms as follows: 2 members and 1 non-voting representative to the Arts, Culture, and Tourism Commission; 2 members to the Police Advisory Commission; 2 members to the Planning Commission; 3 members and 1 vacancy (limited term 2/2023) to the Parks & Recreation Commission; and, make appointment and/or provide direction for the re-solicitation to the Building Board of Appeals.
Responsible Staff Member: Susan Blankenship, City Clerk 01-Staff Report - Citizen Commissions and Boards.docx
02-Local Appointments List.pdf
03-Applications Redacted
04-Communications with Commissioners and Applicants.pdf
9. Ordinance Amending Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code to Establish Requirements for Movable Tiny Homes (First Reading) Requested Action / Suggested Motions: 1) Pass a Motion finding that the the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act; and 2) Pass a Motion to hold a first reading (by title only) of an Ordinance amending Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code to establish requirements for movable tiny homes, and refer second reading and adoption to the February 1, 2022 meeting.
Responsible Staff Member: Hilary Roverud, Director of Development Services 01-Staff Report CC TinyHomes
02-Resolution 2021-16 Movable Tiny Home Ordinance.pdf
03-Ordinance Movable Tiny Homes Excluding Multi-Family Projects 04-Ordinance Movable Tiny Homes Including Multi Family Projects 05-Tiny Homes CEQA Determination
10. Update Regarding Negotiations With Alpine Corporation on Potential Affordable Housing Project at Ski Run Blvd. and Pioneer Trail
Requested Action / Suggested Motions: Receive report from staff.
Responsible Staff Member: Zach Thomas, Housing Manager
01-Staff Report Alpine Village Contribution.docx
02-Alpine Corp Letter of Intent Signed.pdf
03-Alpine Corp LOI Response - Apline Village 121721.pdf 4 5
04-November 16 CC Staff Report Alpine Village Contribution.pdf
11. Consider Implementation of Campaign Contribution Limits Requested Action / Suggested Motions: City Council are asked to provide direction to the City Clerk on whether to establish campaign contribution limits or to accept the State default campaign contribution limits.
Responsible Staff Member: Susan Blankenship, City Clerk 01-Staff Report - Campaign Contribution Limits.docx
02-Survey Results.pdf
03-October 19, 2021 Staff Report.pdf
12. Construction Contract Award & Grant Acceptance - Lake Tahoe Boulevard Class I Bicycle Trail Requested Action / Suggested Motions: (1) Pass a Resolution accepting and appropriating Active Transportation Program (ATP) funding in the amount of $744,00, Highway Infrastructure Program (HIP) funding in the amount of $756,000, Congestion Mitigation and Air Quality (CMAQ) funding in the amount of $268,775, and Surface Transportation Block Grant (STBG) in the amount of $1,473,000, and appropriating General Fund Undesignated Excess Reserves in the amount of $1,009,031; and (2) Pass a Motion authorizing and directing the Mayor to execute a contract with Sierra Nevada Construction, Inc. for construction of the Lake Tahoe Boulevard Class I Bicycle Trail Project in the amount of $4,634,007.00, and 7.5% contingency in the amount of $347,550.00.
Responsible Staff Members: Anush Nejad, Public Works Director and Randy Carlson, Associate Civil Engineer
01-Staff Report-Lake Tahoe Boulevard Class 1 Bicycle Trail Project 02-Resolution-Lake Tahoe Boulevard Class 1 Bicycle Trail Project 03-Construction Contract Sierra Nevada Construction
04-Program Supplement CML-5398(013).pdf
Regular-New Business
13. 56 Acres Master Plan
Requested Action / Suggested Motions: Pass a Resolution adopting the 56-Acres Master Plan and Initial Study/Mitigated Negative Declaration (IS/MND) and finding that the IS/MND adequately addresses the potential environmental impacts of the proposed project and that no further environmental analysis is required to comply with the California Environmental Quality Act.
Responsible Staff Member: John Hitchcock, Planning Manager 01-Staff Report-56 Acres Master Plan.docx
02-Final 56-Acres Master Plan 2022.pdf
03-Tribal Consultation.pdf
04-Proof of Mailing.pdf
05-Resolution-56 Acres Master Plan and Initial Study/Mitigated Negative Declaration.docx 06-56 Acres Final IS-MND.pdf
07-56 Acres Multigenerational Center MMRP.pdf
08-56 Acres Final IS MND appendices
14. Agreement and Ground Lease with El Dorado County for Development, Operation, and Maintenance of the 56-Acre Property
Requested Action / Suggested Motions: Pass a Resolution Authorizing and Directing the Mayor to Execute Agreement and Ground Lease with El Dorado County for the Development, Operation, and Maintenance of the 56-Acre Property.
5 6
Responsible Staff member: Heather Stroud, City Attorney 01 - Staff Report 56 Acres Agreement.docx
02 - Resolution 56 Acres Agreement.docx
03 - 56-Acre Agreement (Exh. A to Reso).pdf
04 - Resolution 2020-006.pdf
05 - Resolution 2020-102.pdf
06 - 56 Acres Parcel Modifications.pdf
Agenda Planning Calendar
15. Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.
Responsible Staff Member: Joseph Irvin, City Manager
APC - January 13, 2022.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday January 18, 2022 meeting of the City of South Lake Tahoe City Council was posted and available for review on Thursday January 13, 2022 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.
Signed January 13, 2022
\\sb\\
Susan Blankenship, Elected City Clerk
6 Page | 12
Table 3: Revenue Options Summary – By Sector
Sector Revenue Option
Jurisdiction
Average
Annual
Amount1
Tax/Fee
Rate
% RTP
Funding
Target3
Local
L1. Sales Tax3
Placer
City of SLT
Washoe
Douglas
$1.1M
$3.2M
$0.9M
$0.5M
0.5% of taxable sales
6%
16%
5%
3%
L2. Transient Occupancy Tax3
Placer
City of SLT
Washoe
Douglas
$0.9M
$1.6M
$0.5M
$1.0M
1.0% of lodging sales
4%
8%
3%
5%
L3. Real Property Transfer Tax3 Washoe
Douglas
$0.6M
$0.2M
$1.00 per $1,000 of
real property sales
3%
1%
Regional
R1. Sales Tax Basin-wide $5.7M 0.5% of taxable sales 30% R2. Transient Occupancy Tax Basin-wide $4.0M 1.0% of lodging sales 21% R3.Real Property Transfer Tax Nevada
only $0.8M $1.00 per $1,000 of real property sales 4%
R4. Vacancy Tax Basin-wide $6.3M $250 per vacant
housing unit 33%
R5. Basin Entry Fee Basin-wide $23.9M $4.00 per vehicle4 123% R6. Zonal Fee Basin-wide $9.5M $10.00 per vehicle5 49%
R7. Parking Fees Basin-wide $7.0M $10.00 per vehicle 36% R8. Mobility Mitigation Fee Basin-wide $0.4M $0.3M initially (2022) 2% R9. Rental Car Mitigation Fee Basin-wide $0.1M $5.50 per car per day <1% Private P1. Commuter Transit Subsidies TBD TBD TBD TBD
State
S1. CA & NV Funding Formula Basin-wide $2.9M $3M initially (2026) 15% S2. CA Budget Surplus Basin-wide <$0.1M $2M one-time (2022) <1% S3. CA Existing Grants Basin-wide $2.9M $3M initially (2026) 15% S4. CA New Grant Programs Basin-wide $1.0M $1M initially (2026) 5% S5. NV Bonds Basin-wide $0.4M $10M one-time (2026) 2%
Federal F1. Transportation Act: Formula Basin-wide $1.7M $1.5M initially (2023) 9% F2. Transportation Act: Grants Basin-wide $5.8M $5M initially (2023) 30% 1 Revenue estimates assume two percent annual inflation increase from initial year and calculate annual average by dividing by 25 years (2021-2045) regardless of initial year.
2 RTP minimum regional funding target is $485.9 million, or $19,400,000 annually over 25 years. 3 Jurisdiction totals sum (but for rounding) to corresponding regional revenue option for sales tax (R1), TOT (R2), and real property transfer tax (R3).
4 Basin entry fee assumes payment by visitors only and exempts residents and commuters. 5 Zonal fee assumes payment only by vehicles stopping in zone, not vehicles driving through zone.
ATTACHMENT A CH/ja AGENDA ITEM: VIII.B. TTD/C Board Meeting Agenda Packet-January 5, 2022 ~ Page 35 ~ 7 1
City of South Lake Tahoe
City Council and
South Tahoe Redevelopment Successor Agency
Meeting Minutes
Tuesday, January 04, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.
NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 9:00 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.
Roll Call
Present were Mayor Middlebrook, Councilmembers Bass, Creegan, Friedrich and Wallace.
Also present were City Manager Irvin, City Attorney Stroud and City Clerk Blankenship.
Recognitions
1. City Employee Recognitions
Action: Mayra Bahr, Accountant I and Angela Foe, Public Safety Dispatcher were introduced to City Council. Luis Garcia, Parks and Recreation and Brenan Davis, Fire Department were recognized for reaching 15 Years-Service, and Gregory Fisk was recognized for reaching 25 Years-Service.
Closed Session Report – January 4, 2022
1. Conference with counsel – anticipated litigation (significant exposure to litigation) – Gov. Code section 54956.9(d)(2), (e)(3) (regarding claim for damages from Levora B. Watts dated Sept. 7, 2021)
Action: No reportable action.
2. Conference with Real Property Negotiators – Gov. Code section 54956.8.
Property: Potential acquisition of 1.57 acres consisting of portions of 1029 and 1035 Emerald Bay Road, Assessor Parcel Numbers 023-381-002, 023-430-038, and 023-430-023, for Tahoe Valley Greenbelt and Stormwater Project Action: No reportable action.
8 2
Public Communications
1. Janice Stillions - December 16 Council meeting, Tiny Homes, new Recreation Center
2. Scott Robbins - recent storm, tourism
3. Ed Mosur - snow melt machines, parking garage expansion City Commission Reports
None.
Consent Agenda
Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Consent Agenda
2. City Council Meeting Minutes
Action: Passed Motion 2022-001 to approving the December 7, 2021 Regular City Council meeting minutes.
3. 2021 Reimbursement Agreement with Southwest Gas
Action: Passed Resolution 2022-001 authorizing the execution of a Reimbursement Agreement C-001-2022 with Southwest Gas and amending the Street Overlay Program account by appropriating $1,883,300 of in lieu paving funds from Southwest Gas for the purpose of funding the 2022 Road Rehabilitation Project.
4. Resolution Accepting and Appropriating $475,000 in TRPA Mitigations Funds to the Tahoe Valley Greenbelt & Stormwater Improvement Project
Action: Passed Resolution 2022-002 accepting and appropriating $475,000 in TRPA Mitigation Funds to the Tahoe Valley Greenbelt & Stormwater Improvement Project.
Public Comment was heard from the following person:
1. Steve Teshara, Tahoe Chamber
5. Ratification of Amendment to Professional Services Agreement with Wood Rodgers Action:
Passed Motion 2022-002 authorizing and directing the Mayor to Execute Ratification of Amendment C-002-2022 to Agreement Bas C-149-2019 with Wood Rodgers for on-call traffic engineering services, with an amended not to exceed amount of $105,000.
6. Ratification of Amendment to Professional Services Agreement with Sactech Action: Passed Motion 2022-003 authorizing and directing the Mayor to Execute Ratification of Amendment to Professional Services Agreement C-003-2022 with Sactech to increase the maximum compensation to not to exceed $63,800 and extend the term to December 14, 2021.
7. Community Development Block Grant (CDBG) CV 2/3 Subrecipient Agreement with Tahoe Coalition for the Homeless
Action: Passed Resolution 2022-003 appropriating budget for Community Development Block Grant Coronavirus Response (CDBG CV-2/3) funding in the amount of $505,632 and authorizing and directing the Mayor to execute a Subrecipient Agreement C-004-2022 with Tahoe Coalition for the Homeless in the amount of $495,632 to administer the grant and execute the scope of work for rehabilitation of the Bears Den Inn property (2250 Lake Tahoe Blvd).
Public Comment was heard from the following person:
1. Steve Teshara, Tahoe Chamber
9 3
Consent Agenda - South Tahoe Redevelopment Successor Agency
8. Recognized Obligation Payment Schedule (ROPS) FY 2022-2023 Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Acting as the South Tahoe Redevelopment Successor Agency Board, Passed STRSA Resolution 2022-001 approving the Recognized Obligation Payment Schedule (ROPS) pursuant to Health and Safety Code section 34177 for the fiscal period commencing July 1, 2022, and ending June 30, 2023.
Regular-New Business
9. Ordinance - Bijou/Al Tahoe Community Plan Amendments (First Reading) Note: Councilmember Creegan and Councilmember Friedrich recused themselves from this item due to real property ownership in the area and left the meeting. Director of Development Services Roverud also left the meeting due to real property ownership in the area.
Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Middlebrook and Wallace
Absent (recused): Creegan and Friedrich
Action: Passed Motion 2022-004 finding that the Bijou/Al Tahoe Community Plans Initial Study/Negative Declaration/Initial Environmental Checklist adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act and Motion 2022-005 to hold a first reading (by title only) of an ordinance amending the Bijou/Al Tahoe Community Plan to allow additional height up to 42 feet, with no minimum cross slope or roof pitch requirement for public and quasi-public facilities located in the 56-acre project area, and refer second reading and adoption to the January 18, 2022 meeting.
Public Comment was heard from the following people:
1. Janice Stillions
2. David Gregorich, Parks and Recreation Commission
3. Steve Teshara, Tahoe Chamber
Written Public Comment was received from the following people:
4. Edwin Bustillos
5 Saundra Edwards
6. Granville Fortescue
7. Will Irwin
8. Richard Smothers
9. Grace Thorpe
10. Paul Thorpe
10. State and Local Fiscal Recovery Funds (SLFRF) Appropriation for American Rescue Plan Act (ARPA) Capital Projects
Action: Moved/Seconded: Friedrich/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-004 appropriating SLFRF funds in the amount of $250,000 for the proposed renovations to the City's skate park; $50,000 for proposed improvements to the City's paved bike trail network; and $200,000 towards the preliminary planning of the Greenway Phase 1C Bicycle Trail Project.
Public Comment was heard from the following person:
1. David Gregorich, Parks and Recreation Commission
10 4
11. Purchase of Vehicles and Equipment to Support Department of Public Works Streets Operations
Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: (1) Passed Resolution 2022-005 accepting and appropriating $150,000 of Tahoe Regional Planning Agency Air Quality & Water Mitigation Funding and appropriating $140,410 in proceeds from the Sale of Surplus Vehicles & Equipment; and (2) Passed Motion 2022- 006 authorizing the purchase of (1) Asphalt Patch Truck for $265,372.91, (1) Loader Mounted Asphalt Zipper for $222,953, and (1) Street Sweeper for $288,390.90 via cooperative purchasing agreements from fund 210 (Vehicle Replacement).
12. City Council Capital Improvement Program Subcommittee Action: Moved/Seconded: Wallace/Middlebrook
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022-007 establishing an ad hoc Capital Improvement Program Subcommittee and appointing Councilmember Bass and Councilmember Friedrich.
Public Comment was heard from the following person:
1. Ed Mosur
Agenda Planning Calendar
13. Agenda Planning Calendar
Action: Received.
Updates and Announcements (City Attorney, City Clerk, City Manager) City Manager: Storm debrief
1. EOC deactivation
2. Storm response debrief by Departments:
Director of Public Works Neshad
Fire Chief Savacool
Police Chief Stevenson
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Friedrich:
1. Storm response
Councilmember Wallace:
1. Storm response
Councilmember Bass:
1. Storm response
2. Upcoming Tahoe Transportation District meeting
3. Request MOU with Caltrans to run City graders on Highway 50 (Friedrich second) Councilmember Creegan:
1. Storm response
2. Lake Tahoe Unified School District 2 x 2 meeting
3. Police Department Award Ceremony
4. Mental Health Subcommittee meeting
Mayor Middlebrook:
1. Abandoned Vehicle JPA meeting
2. Festival of Lights
3. Boy Scout Troop presentation
11 5
Adjournment
At 10:23 a.m. Mayor Middlebrook adjourned the meeting.
__________________________ _______________
Devin Middlebrook, Mayor Date
Attest:
___________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
12 Council Agenda Report January 18, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Ordinance – Bijou/Al Tahoe Community Plan Amendments to allow additional height up to 42 feet, with no minimum cross slope or roof pitch requirements for public and quasi-public facilities located in the 56-acres project area (Second Reading) Location: Bijou/Al Tahoe Community Plan District #4, 56-acres (Multiple APNs) Responsible Staff Members: John Hitchcock, Planning Manager (530) 542-7405 Background:
The City of South Lake Tahoe is proposing to amend the Bijou/Al Tahoe Community Plan (B/AT CP) to allow for additional building height for public or quasi-public buildings and lower roof pitch requirements for buildings that require flatter roofs to span large interior spaces proposed within the 56-acres project area of the B/AT CP Town Center District #4 (see Attachment 02). The amendments will be considered pursuant to Chapter 12 of the Tahoe Regional Planning Agency (TRPA) Code of Ordinances, which allows local governments to adopt conforming Community Plans that contain policies and development ordinances that are consistent with and further the goals and policies of the TRPA Regional Plan.
Environmental Considerations:
City staff recommends that the City Council pass a motion finding that the Bijou/Al Tahoe Community Plan Amendments Initial Study/Negative Declaration (IS/ND) adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act based on the following findings:
1. The City Council has independently reviewed and analyzed the Initial Study/Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Tourist Core Area Plan/Specific Plan Amendments.
2. The Final IS/ND was included in the City Council agenda packet and presented to the City Council on January 18, 2022 for consideration and approval.
3. The IS/ND represents the independent judgment and analysis of the City Council as the lead agency for the Project. The City Council designates the Director of Development Services at the City Services Center at 1052 Tata Lane, South Lake Tahoe, California, 96150, as the custodian of documents and records of proceedings on which this decision is based.
13 Council Agenda Report January 18, 2022 Page 2 of 3
The City Council and staff have reviewed the IS/ND, which was prepared by a qualified consultant, and finds that it represents the judgment and analysis of the City Council. The IS/ND and associated documentation are maintained in the City records administered by the City Development Services Department.
4. The Project would not have a significant effect on the environment.
As the analysis in the IS/ND describes, adoption of the Bijou/Al Tahoe Community Plan Amendments would not have a significant effect on the environment.
Financial Implications: None
Recommendation: City staff recommends that the City Council pass a motion finding that the Bijou/Al Tahoe Community Plan Amendments IS/ND adequately addresses the potential environmental impacts of the proposed amendments and that no further environmental analysis is required to comply with the California Environmental Quality Act; and adopt an Ordinance amending the Bijou/Al Tahoe Community Plan (see Attachment 03).
Policy Implications:
City of South Lake Tahoe General Plan
The proposed amendment to the B/AT CP is consistent with the goals and policies of the City of South Lake Tahoe General Plan.
56-acress project area is currently designated as recreation in the City’s General Plan.
Recreation land use designation is defined as follows:
This designation provides for outdoor recreation areas, active and passive recreational uses, habitat protection, and public/quasi-public uses. This designation is applied to areas with existing and proposed outdoor recreation and areas without overriding environmental constraints.
The Land Use and Community Design Element of the General Plan include the following goals and policies to encourage development, redevelopment, and upgrades to existing development.
Goal LU-2 : To focus future commercial, multi-family residential, tourist, civic, and social gathering space development in community plan area in order to maximize incentives and create transit,- bicycle-, and pedestrian-oriented places that serve the needs of both residents and visitors.
Policy LU-2.1: Community Plan Redevelopment, Expansion, and Upgrade The City shall encourage public and private investment in the expansion and upgrade of commercial and tourist accommodation projects within the Tahoe Valley, Bijou/Al Tahoe, and Stateline/Ski Run community plan areas and use appropriate financing tools, such as redevelopment, to achieve economic and land use goals, as determined proper to achieve this objective.
14 Council Agenda Report January 18, 2022 Page 3 of 3
Policy LU-2.2: Community Plan Preparation, Adoption, and Implementation The City shall periodically update and implement the four Community Plans as a way to focus development commodities and revitalization efforts.
Policy LU-2.5: Bijou/Al Tahoe Community Plan Area
The City shall encourage the creation of a viable residential neighborhood with appropriate neighborhood amenities and compatible high quality family-oriented recreation and public facilities including government offices.
Bijou/Al Tahoe Community Plan
The B/AT CP was adopted by the City and states that the area “ ..should serve as a family oriented and recreation center, as well as the Town Center for the local Community. To accomplish this goal, policies must encourage diversification of recreational and commercial attractions to create the high quality development expected in a family oriented resort area.” The proposed amendments will further the goals of the B/AT CP by encouraging the redevelopment of an infill site with high quality recreation opportunities with development that complements the overall natural setting.
The proposed amendments are consistent with the B/AT CP “Town Center” designation, encouraging the relocation of city, county, state, and federal offices to the district and expanding recreational activities within the district and immediate surrounding areas.
In addition, the proposed B/AT CP amendment is consistent with the following policy:
Policy A: Establish four unique, separate districts.
Town Center District. Areas currently described as Campground by the Lake, South Tahoe Middle School, John Boulevard areas and Lake Tahoe Community College shall be combined to accommodate the following uses: Commercial (public service support orientation, or receiving area for transfer of SEZ/Scenic Corridor), Public Service, Recreation, and designation as a “Special Events Area.”
15 ATTACHMENT 02
56-Acre
16 ATTACHMENT 02
17 Ordinance 2022-XX
Adopted by the City of South Lake Tahoe
City Council
January 18, 2022
Amending the Bijou/Al Tahoe Community Plan
BACKGROUND
A. The Bijou/Al Tahoe Community Plan/Specific Plan was adopted by the City of South Lake Tahoe City Council 1995.
B. Pursuant to California Government Code Section 65453, a specific plan may be prepared and adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body.
C. The proposed amendment would the community plan standards to allow up to 42 of height, with no minimum cross slope or roof pitch requirements for public and quasi-public facilities located within the 56-acres project area.
D. The purpose of the proposed amendment is to encourage energy efficient and sustainable redevopment in the 56-acres project area for large public or quasipublic facilities that typically require sheds roofs based on their large size.
Additonal height and lower roof pitch will reduce energy consumption and operational costs to ensure long-term sustainability
E. In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15070, the City of South Lake Tahoe has prepared and circulated an Initial Study/Negative Declaration (IS/ND) for the Bijou/Al Tahoe Community Plan Amendments. The public comment period began on October 22, 2001 and ended on October 27, 2021.
F. On December 16, 2021, the Planning Commission held a duly noticed public hearing, took public comments on the proposed amendment, considered all the evidence in the record, and adopted Resolution 2021-18 recommending that the City Council adopt the IS/ND pursuant to CEQA, determine that the Project would 18 Ordinance 2022-XX January 18, 2022 Page 2 of 6
not have a significant effect on the environment and that the City Council adopt the Bijou/Al Tahoe Community Plan Amendments.
G. The City of South Lake Tahoe, as the lead agency, has determined that there is no substantial evidence that the adoption of the Bijou/Al Tahoe Community Plan Amendments would result in a significant effect on the environment.
Now, Therefore, the City Council of the City of South Lake Tahoe does ordain as follows:
SECTION 1 The Bijou/Al Tahoe Community Plan is hereby amended as designated in Exhibit 1 attached hereto and incorporated by reference.
SECTION 2 If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction; such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3 The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
SECTION 4 This ordinance shall become effective thirty (30) days after the date of its adoption.
Adopted by the City of South Lake Tahoe City Council on January 18, 2021 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
19 Ordinance 2022-XX January 18, 2022 Page 3 of 6
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is true and correct copy as approved by the South Lake Tahoe City Council.
First Reading: January 4, 2022
Published:January 7, 2022
Second Reading: January 18, 2022
Effective: February 17, 2022
20 Ordinance 2022-XX January 18, 2022 Page 4 of 6
EXHIBIT 1
Amendment is blue and underlined. Language that would be deleted is red and is struck through. No other changes to the TCAP are proposed.
SECTION TWO – PUBLIC SERVICE/RECREATION THEME
DISTRICTS MAP AND USE MATRIX IDENTIFICATION
Town Center 4
A. PERMITTED USES Refer to use matrix for district uses.
B. HEIGHT
Standard Refer to TRPA Code of Ordinances Chapter 37.
Special Std. The following shall apply to
Lake Tahoe Community College property:
Lake Tahoe Community College and Lake Tahoe Unified School District properties:
Height issues for these sites shall be addressed by TRPA on an individual project basis, and may be in excess of Chapter 37 based on project setback, visibility, or other design criteria.
El Dorado County and City properties located in 56-Acre project area:
For public and quasi-public owned buildings, the maximum height permitted is 42 feet, with no minimum cross slope or roof pitch requirements, provided TRPA makes Findings 1, Finding 3, Finding 4, Finding 5, Finding 7, and Finding 8 of Section 37.7.
C. BULK
Standard Refer to Redevelopment Design Element, Sections 1 and 2 D. COVERAGE
Standard Refer to TRPA Code of Ordinances Chapters 30.
E. SETBACKS
Standard Refer to City Wide Design Manual Section 3 of Chapter 1 & 2. 21 Ordinance 2022-XX January 18, 2022 Page 5 of 6
Special Std. In addition to the City Wide Design Manual, the following shall apply to specific properties located with the Town Center District, including:
The vacant 7.5 acre parcel north of Al Tahoe and west of Johnson Boulevard (Adjacent to the existing El Dorado County Government Center) shall required a minimum of a 50’ setback from Johnson Boulevard and an increased interior sideyard setback of 20’ in that area of the property adjoining the residentially developed district.
The vacant 12 acre parcel, north of Al Tahoe and east of Johnson Boulevard (adjacent to Bijou Community Park) shall require a minimum of a 50’ setback from Johnson Boulevard for development.
Development on the Lake Tahoe Community College property shall have a minimum setback of 50’ from Al Tahoe Boulevard.
F. SITE DESIGN
Standard Refer to City Wide Design Manual, Section 2, Chapters 1 & 2 Special Std. In addition to the City Wide Design Manual, the following standards shall apply to the entire Town Center:
1. A natural forest setting shall be preserved by designing projects that maintain the maximum number of trees,
shrubs, boulders, and other natural amenities at a project site. Landscaping shall be designed to blend with the native surroundings, including trees, shrubs, ground covers and flowers.
2. Sidewalks shall connect all buildings within project area.
G. ARCHITECTURAL TREATMENT
Standard Refer to City Wide Design Standards, Section 2 of Chapters 1 & 2 and City Lighting Standards.
Special Std. In addition to the City Design Standards, the following standards shall apply:
3. Buildings shall be designed with interest (no box forms, variations in elevation, etc.) and shall incorporate
architectural features which blend with the surrounding buildings.
22 Ordinance 2022-XX January 18, 2022 Page 6 of 6
4. Wood siding or natural appearing siding shall be used on the exterior of all remodeled newly constructed buildings.
5. Roofs shall have a minimum pitch of 75:12 and a maximum roof pitch of 12:12. Roofs may have a minimum pitch of
0:12 on public and quasi-public owned buildings within El Dorado County and City Properties located in 56-Acres
project area.
6. Real stone shall be incorporated into the building design.
Manufactured stone may be used on a project only if the applicant demonstrates the application of the stone will appear “real.”
7. All projects shall incorporate days use amenities, including; outdoor furniture, bicycle racks and trash receptacles. 23 Council Agenda Report- January 18, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Accept and Appropriate $1,289,822 in Proposition 68 Grant Funding for the Barton & 2nd Street Drainage Project (PWC 301-40054)
Location: Barton Ave.- Helen Ave.- Second Street - Winnemucca Ave.- Silver Tip Ave.
Responsible Staff Members: Jason Burke, Stormwater Program Coordinator (530) 542-6038 Stan Hill, Engineering Manager (530) 542-6039
Background:
The Department of Public Works has received many complaints of flooding in the Barton Ave – Second Street neighborhood, because the area was developed with no drainage systems prior to incorporation in 1965. The flooding issue is most prevalent on 2nd Street between Barton and Helen Avenue and was noted as a priority problem area in the Drainage Master Plan Update presented to the City Council on April 20, 2021. Stormwater flooding also regularly occurs on Helen Avenue (east of 2nd Street), Winnemucca Ave (between Helen Ave and Silver Tip Ave), and on Silver Tip Ave (see Project Location Map and Photos).
In May 2019, the California Natural Resources Agency (CNRA) released a Call for Projects to public agencies for Proposition 68 Urban Flood Protection grant funding. City Council authorized the Engineering Division via Resolution 2019-075 to submit a grant application for Proposition 68, Multibenefit Stormwater and Urban Flood Protection project funding. The Engineering Division prepared and submitted an extensive grant application and submitted the application to the CNRA for evaluation and scoring. This is a rare funding opportunity to address flooding issues identified in the Drainage Master Plan, since most funding sources are focused on the protection of Lake Tahoe, not on providing drainage solutions for the community.
Following Project grant application evaluation, CNRA grant program review officials notified Public Works the Barton & 2nd Street Drainage Project was selected for grant award. The Proposition 68 grant agreement was recently circulated for signatures. Resolution 2019-075 authorized the City Manager to sign the grant agreement. As the authorized designee, the City Manager signed the agreement on behalf of the City Council.
The executed grant agreement will contribute $1,289,822 in Proposition 68 grant funding for design of project plans, preparation of specifications and engineer’s estimate (PS&E bid documents) and fund a major portion of Project construction and construction administration.
Issues and Discussion:
Proposition 68 grant funding for the multi-benefit urban flood protection project will enable the City to improve the following:
Problematic drainage conditions impacting residents within the Project area as noted in the Updated Drainage Master Plan;
Degradation of roadways occurring due to a lack of drainage infrastructure; and, 24 Council Agenda Report- January 18, 2022 Page 2 of 3
Assist with achieving the City’s Lake Tahoe Total Maximum Daily Load (TMDL) and nutrient reduction requirements.
The Barton Ave and 2nd Street Drainage Project will alleviate flooding seasonally experienced at Helen Ave and 3rd Street intersection, address significant flooding on 2nd Street between Helen and Barton that impacts the mobile home park, and associated flooding that impacts the Jubilee Kids Academy (2249 Helen Avenue and adjacent residences). The project will also provide stormwater treatment prior to conveyance of excess runoff to the end of Silver Tip Avenue where it has historically discharged to the Johnson Meadow property owned by the Tahoe Resource Conservation District.
Financial Implications:
Proposition 68 grants administered by CNRA typically require a 25% match. However, as a Disadvantaged Community (DAC), the City qualifies for a reduced local match for this project that would serve a designated DAC. The Department of Water Resources (DWR) has developed a DAC mapping tool based on the 2016 US Census American Community Survey data. The DWR DAC mapping tool identifies the 2016 statewide average Minimum Household Income (MHI) as $63,783; the 80% threshold is $51,026. The City’s 2016 MHI was $42,401, below the $51,026 threshold. Therefore, the City qualifies as a DAC and for the reduced local match. The grant agreement does include a local match requirement of $183,743 which equates to approximately 14.25% of the $1,289,822 Proposition 68 grant amount.
Resolution 2021-083, passed by City Council at the October 19, 2021, Council meeting established a grant match set-aside account. The new account was created to assure sufficient General Fund Undesignated Excess Reserve would be available to fulfill the City’s local match obligations. The grant match set-aside approved with Resolution 2021-083 included $122,222 of anticipated match to the CNRA grant. However, the CNRA grant amount was increased from $1.1 million up to $1,289,822 and the grant match increased to $183,743, an increase of $61,521 in local match. In the interest of following grant match funding procedures established with Resolution 2021-083, Public Works is requesting the additional $61,521 of grant match be allocated from the Undesignated General Excess Reserve.
Long-term grant agreement conditions require the City to maintain, operate, and use the improvements for a minimum of 25 years following completion of improvements. The maintenance of the storm drain facilities will be added to the Street Maintenance Divisions list of storm drain improvements requiring their attention. The annual maintenance cost is anticipated to be in the range of $5,000 to $10,000 annually. However, the first 5 to 10 years following completion of improvements should experience minimal maintenance effort and will alleviate the need for the Fire Department and Street Maintenance Division to respond to calls for service during periods of flooding in the area.
Environmental Considerations:
On June 15, 2021, a CEQA Notice of Exemption was filed by the City Planning Manager with the State Clearinghouse as a Class 4, 15304 (minor alteration to land) categorical exemption, State Clearinghouse Number 2021060316. The proposed Project improvements consist of minor alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature scenic trees.
A TRPA EIP permit for the Project will be acquired by the Engineering Division before the start of Project construction. The California Tahoe Conservancy approved a License Agreement on June 15, 2017 (C-93-17) for the use of three Conservancy parcels for the construction and maintenance of the stormwater treatment basin on Second Street.
Policy Implications:
The Project will assist with the updated City Council Priorities to improve road drainage conditions, to ensure pavement resurfacing investments are long-lasting, prepare for increased flooding risks due to 25 Council Agenda Report- January 18, 2022 Page 3 of 3
climate change, and build public trust by following through with previous commitments with tangible results.
The Project will address major drainage issues identified in the Updated Drainage Master Plan presented to the City Council on April 20, 20211 and as shown in the attached Project Location Map and Photos. The proposed improvements will also assist the City in meeting the sediment and nutrient reductions mandated by the Lake Tahoe TMDL. Meeting sediment and nutrient reduction mandates will assist with receiving all housing allocations under TRPA Code section 50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation).
1 Available on the City Website: https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/888076/04- Updated_Drainage_Master_Plan_Ranking_Criteria_and_Project_List.pdf 26 èÅ
èÅ
èÅ
èÅ
Proposed
Drain Inlet
èÅ Manhole
HDPE Pipe
Perforated HDPE Pipe /
Hybrid Drywell
Permeable Concrete
Shoulder
New Curb and Gutter
Basin
Existing
Existing Drain Inlets
Existing Drain Pipe
Project Area
City Boundary
Barton Ave and Second Street
Drainage Project Area
±
0 100 200 300 400
Feet
Path: J:\GIS files\Projects\PublicWorks\StormWater\SecondStreet\SecondStFloodAndErosionControlProject.aprx | Project Map | 7/7/2021 27 Attachment 7: Barton Neighborhood Urban Stormwater Treatment Project City Project No. 301-40030-01 (EIP Project 01.01.01.0012) Flooding of 3rd Street/Helen Avenue: Drain inlets have no pipes to drain water from roadway, ponding contributes to pavement degradaƟon on the way to Barton Hospital Flooding of 2nd Street at Mobile Home park: no drainage 28 Attachment 7: Barton Neighborhood Urban Stormwater Treatment Project City Project No. 301-40030-01 (EIP Project 01.01.01.0012) Flooding on Helen Avenue: no drainage
29 Resolution 2022-XXX January 18, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
January 18, 2022
A Resolution Accepting and Appropriating $1,289,822 in Proposition 68 Multibenefit Storm Water and Urban Flood Protection Grant Funding, and Appropriating $122,222 from General Fund Grant Match Set-Aside Reserve and $61,521 from General Fund Undesignated Excess Reserve for the Barton Ave – 2nd Street Drainage Project
BACKGROUND
A. The Legislature and Governor of the State of California have provided funds for the Proposition 68 Urban Flood Protection, Green Infrastructure, and Lake Tahoe Environmental Improvement Programs.
B. The California Natural Resources Agency (CNRA) has been delegated the responsibility for the administration of these grant programs.
C. The City Manager was authorized by City Council at their October 15, 2019, City Council meeting (Resolution 2019-075) to sign a Proposition 68 Urban Flood Protection grant agreement with the State of California, CNRA.
D. The City of South Lake Tahoe desires grant funding to prepare Project Plans, Specifications, Estimates (PS&E) bid documents and permits and to construct the project improvements to reduce stormwater flooding and provide stormwater treatment in the Barton – Helen - 2nd Street residential neighborhood.
E. Resolution 2021-083, passed by City Council on October 19, 2021, set aside $122,222 of grant match funding for the CNRA grant for the Barton Avenue - 2nd Street Drainage Project (Project).
F. The CNRA grant amount was increased during the grant award and approval process from the anticipated $1,100,000 up to $1,289,822 and the City’s local match requirement increased to $183,743, a $61,521 increase above the reserved grant match of $122,222.
G. The City of South Lake Tahoe requires City Council accept grant funding and appropriate the funding to the project represented in the Proposition 68 grant application submitted to CNRA and subsequently awarded to the City for the Barton Avenue – 2nd Street Drainage Project.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
30 Resolution 2022-XXX January 18, 2022 Page 2 of 2
1. Accepts $1,289,822 in Proposition 68 grant funding from the California Natural Resources Agency (CNRA).
2. Approves and appropriates $61,521 of Undesignated Excess General Reserve funds to the Barton Avenue – 2nd Street Drainage Project.
3. Appropriates $122,222 in grant match funding transferred to the grant match set-aside Account No. 100-99999 25320 for the Project as a part of Resolution 2021-083.
4. Appropriates the accepted Proposition 68 grant funding for the development of PS&E bid documents and constructing the Barton Ave – 2nd Street Drainage Project improvements as follows:
100-01956 Transfer out to CIP (50014) from Grant Match Set-Aside 100-99999-25320 (+) $122,222 100-01956 Transfer out to CIP (50014) from General Fund Undesignated Excess Reserve (+) $61,521 301-40054 Revenue (33246) California Natural Resources Agency, Prop. 86 Grant Funds (+) $1,289,822 301-40054 Revenue (36300) Transfer in from General Fund (+) $183,743 301-40054 Expenditure (48020) Engineering Design (+) $234,224 301-40054 Expenditure (48030) Construction (+) $1,239,341 Adopted by the City of South Lake Tahoe City Council on January 18, 2022 by the following vote:
Yes:
No:
Abstain:
Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
31 Council Agenda Report- January 18, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Airport Rates & Charges Study
Location: South Lake Tahoe Airport
Responsible Staff Member: Mark Gibbs, Airport Manager (530) 542-6182 Background: On April 17-19, 2018 the Federal Aviation Administration (FAA) completed an airport compliance site inspection at the Lake Tahoe Airport. The FAA compliance inspection was completed pursuant to recommendations contained in U.S. Senate Report No. 106-55. On April 16, 2019 the Airport Manager was issued a compliance finding report from the FAA based on this site inspection. The report covered several items for redress. One of these areas was developing an airport fee and rental structure which makes the airport as financially self-sustaining as possible. The report stated:
In the report contained recommendations from the FAA to achieve compliance with Airport Improvement Program Grant Assurance #24, Fee and Rental Structure and FAA Policy and Procedures Concerning the Use of Airport Revenue. The City of South Lake Tahoe, as Airport Sponsor has agreed to abide by FAA Grant Assurances and FAA Policies, Orders and Regulations as condition of accepting Federal Airport Improvement Program grant funding in the recent past. The airport has been addressing recommendations contained in the report as time and resources permit. The Airport Manager reports that most of the issues identified have already been addressed.
The City of South Lake Tahoe has never appropriately determined Airport rate setting methodology in conformance with the FAA Policy Regarding the Establishment of Airport Rates and Charges or Chapter 18 of FAA Order 5090.6B, Airport Compliance Manual. The Airport Manager is proposing to complete an Airport Rates and Charges Study in 2022 to appropriately establish airport rate methodology moving forward. These studies are widely used by Airport Sponsors to ensure a fair, deliberative and consultative process to establish a baseline methodology for airport fees. The process also ensures the airport receives equitable revenue to support its operations from users, tenants, and beneficiaries. 32 Council Agenda Report- January 18, 2022 Page 2 of 2
Issue and Discussion: One of the FAA recommendations listed in the April 16, 2021 report to the Airport Manager was establishing an acceptable methodology for this Airport’s rates and charges. As indicated in the 2019 Airport Compliance Report:
During the FY 21/22 budget process the Airport Manager requested and was approved by City Council, $59,000, to complete an Airport Rates & Charges Study in Airport Account 501-05110- 42020. Jviation, Inc. has a 5-year airport planning contract with the City to perform such services under City Contract C-5-18. Under Section 2.10 of City Contract C-5-18, Jviation, Inc. is authorized to “prepare benefit-cost analysis to assist in airport business development, lease negotiations, and review of airport rates & charges against industry norms for similarly sized airports...”
The Airport Manager has obtained a scope of work and proposed fee schedule to complete an Airport Rates & Charges analysis for the Lake Tahoe Airport. Based on continued acceptance of Federal Airport Improvement Program funds, the Airport Manager recommends that City Council complete a Rates & Charges Study to ensure compliance with the FAA Policy on the Establishment of Airport Rates and Charges and Chapter 18 of FAA Order 5090.6B, Airport Compliance Manual.
Aviation users will be consulted during study preparation and recommendations will be presented to City Council by Jviation, Inc. It is the discretion of City Council to amend Airport rates and charges based on the findings of this study.
Financial Implications: The Airport Division appropriated $59,000 in FY 21/22 account 501- 05110-42020 to complete an Airport Rates & Charges Study. There is no new appropriation request associated with approval of this contract amendment to City Contract C-5-18 ending January 23, 2023. Jviation, Inc. has quoted the Airport Rates & Charges Study at $58,813.00.
There exists sufficient appropriated budget to cover the costs of this study.
Environmental Considerations: Execution of an Airport Rates & Charges Study is not a “project” subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378(b)(2) because it is a continuing administrative or maintenance activity.
Policy Implications: The City Council may use subject matter expert appraisals and fee analyses to ensure the Airport Division recovers appropriate revenues to support operations in the future.
33 PROJECT NO._________
AMENDMENT NO. TWO (2) TOCONTRACT
DATED JANUARY 23, 2018
BETWEEN
JVIATION, INC.
AND
CITY OF SOUTH LAKE TAHOE,
CALIFORNIA
The City and the Consultant agree to amend their contract to complete an Airport Rates & Charges Study as fully describe in Exhibit “A” Scope of Work at the Lake Tahoe Airport, located in El Dorado County, California.
The Airport Rates & Charges planning study is included as Services 2.10 in the Scope of Work of the original contract (C-5-18). An Airport Rates & Charges Study was initially contemplated within the scope of work as follows:
Scope of Services 2.10 “Prepare benefit-cost analysis to assist in airport business development, lease negotiations, and a review of airport rates and charges against industry norms for similarly sized airports. Review and update airport lease documents. Analyze the economic impact of the Lake Tahoe Airport.” The City agrees to pay the Consultant for the services listed under Section 3 of the original contract in the following manner. The Consultant agrees to provide a final deliverable report and submit all invoices for services rendered no later than September 30, 2022.
PART A - BASIC SERVICES
PLANNING
Planning Task 1. Project Management .................................................................. Lump sum of $3,525.00 Planning Task 2. Data Collection and Analysis .................................................... Lump sum of $30,400.00 Planning Task 3. Outreach ..................................................................................... Lump sum of $11,440.00
REIMBURSABLE EXPENSES
Reimbursable Expenses Airport Rates & Charges Study.................................... Lump sum of $12,320.00
SUBCONSULTANT
Subconsultant ........................................................................................................... Lump sum of $12,320.00 TOTAL BASIC SERVICES .................................................................. Lump sum of $58,813.00 34 PROJECT NO._________
All other terms and conditions of the original contract shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have affixed theirsignatures this 18th day of January 2022.
CITY CONSULTANT: Jviation, a Woolpert Company
By___________________________ By ________________________________ Joseph Irvin, City Manager Kirk Nieslen, Office Manager APPROVED AS TO FORM:
By____________________________
Heather Stroud, City Attorney
ATTEST:
By____________________________
Susan Blankenship, City Clerk
Attachments:
Exhibit A – Scope of Work: Airport Rates & Charges Study 35 PROJECT NO._________
Exhibit A
Scope of Work
36 TVL Rates and Charges Study
Project No. XXXX
Planning and Support Services
December 27, 2021
1 SCOPE OF WORK
FOR
SOUTH LAKE TAHOE AIRPORT
South Lake Tahoe, California
Project No. XXX
Rates and Charges Study
INTRODUCTION
The South Lake Tahoe Airport (the Client) has retained Jviation to conduct a rates and charges study to evaluate its current rates and charges assessed uses at the Airport. The South Lake Tahoe Airport (TVL) serves Lake Tahoe Basin and is home to world renowned resorts across the Basin. TVL is owned and operated by the City of South Lake Tahoe (the City) with over 25,000 annual operations (2018) serving aircraft from Cessna 172s to Gulfstream V aircraft. The Airport is an economic engine providing approximately $5.4 million of economic benefit to the South Lake Tahoe region.
The Airport must ensure that its rates and charges are appropriately set based on fair market values. The Airport facilities provide leased spaces for airport business operators, aircraft owners, and City offices among others, in its former commercial service terminal building. The Airport has requested that Jviation produce a Rates and Charges Study that will include an analysis of comparable airports rates and charges, local leasing rates to evaluate the current structure to determine if any adjustments are warranted. As part of the Federal Aviation Administration Grant Assurances, agreed to by the City, airports must ensure that appropriate rates and charges are assessed for use of airport facilities.
Exhibit A
37 TVL Rates and Charges Study
Project No. XXXX
Planning and Support Services
December 27, 2021
2 TASK 1.0 PROJECT MANAGEMENT
1.1 Contract Preparation and Execution
Upon approval of the final scope and fee, Jviation will prepare the appropriate contract paperwork and coordinate approval with the City. TVL will issue the official Notice-to-Proceed (NTP) and Jviation will initiate further consultant services upon receipt of the NTP. It is anticipated that the Study will be completed withing five (5) months from receipt of an NTP.
1.2 Preliminary Planning
This task consists of the finalization of the Scope of Work, project schedule, and consultant fee for review by the Client. Jviation will hold one (1) meeting with the Client to identify the goals, key issues, current trends and review the draft Scope of Work. Following this meeting, Jviation will update the Draft Scope of Work based on comments received.
1.3 Project Management and Coordination
Jviation will assist the Client with various project management and contract administrative issues that arise during the progress of the project, from initiation through project close-out. This effort includes miscellaneous consultation with the Client to discuss the status of the project; miscellaneous coordination with any Jviation sub-consultant(s); maintaining the project schedule; filing and processing of invoices; and other miscellaneous work items and coordination not captured in specific tasks noted above.
Important to any successful project is the coordination among project team members and the development of well thought out plans. Jviation will serve as the project coordinator with the Client in collecting data, scheduling, collaborating, and providing project briefings as well as coordinating other project needs. Jviation will provide regular project briefings to the Client to present information, project progress, results, and solicit feedback specific to the defined scope of work.
TASK 2.0 DATA COLLECTION AND ANALYSIS
2.1 Airport Data
An airport survey will be created in paper and/or online format and will include a variety of questions developed by Jviation with input from the Client. The survey will include, but will not be limited to, questions regarding lease type, lease term, lease rate, escalation clauses, hangar ownership terms and rates, fuel flowage fees, tie-down fees, special facility fees, facility reversion terms, and other various terms and conditions. In addition, Jviation will review all relevant current and historical documents provided by the Client.
38 TVL Rates and Charges Study
Project No. XXXX
Planning and Support Services
December 27, 2021
3 The survey will be distributed to not more than fifteen (15) various airports similar in size and nature to that of TVL. The Client will provide the final approval of comparison airports. Jviation will contact each comparison airport by telephone or email as needed to verify and validate that the information collected is complete and accurate. Airports proposed to be surveyed include:
1. Big Bear, CA
2. Bishop, CA
3. Mammoth, CA
4. Truckee Tahoe, CA
5. Aspen, CO
6. Eagle, CO
7. Hayden, CO
8. Telluride, CO
9. Driggs, ID
10. Hailey, ID
11. Heber City, UT
12. Provo, UT
13. Jackson Hole, WY
2.2 Commercial Office Space Data
Jviation will coordinate with the Client to identify three (3) local real estate firms and/or property management firms active in the South Lake Tahoe area. Jviation will contact the firms to collect information regarding current office space availability, leasing rates, lease types, escalation clauses and other various terms and conditions.
2.3 Data Analysis
Jviation will review the current rates and charges unitized by the Client. The data collected will be analyzed and a summary prepared. The summary will note any trends or discrepancies. The data will then be compared to TVL data and differences will be noted. Recommendations regarding potential adjustments to the existing rates and charges will be provided.
2.4 Data Reporting
The data collected as part of the study will be reported in a final document to the Client. The final document will include an overview of the study, what airports were surveyed, survey methodology used, major data analysis findings, and recommended actions
39 TVL Rates and Charges Study
Project No. XXXX
Planning and Support Services
December 27, 2021
4 TASK 3.0 OUTREACH
3.1 Tenant/User Open House
Jviation will coordinate with the Client to identify all TVL tenants and users. An in-person Open House will be held for the Tenants and Users to understand the study methodology, the data collected, and any recommended adjustments. The Open House presentation and open discussion will be developed and facilitated by Jviation. Comments will be collected and presented to the Client.
3.2 City Council
Jviation will present the study and its findings at a meeting of the South Lake Tahoe City Council. The presentation will review the study methodology, data analysis, user and tenant feedback and recommendations.
40 TVL Rates and Charges Study
Project No. XXXX
Planning and Support Services
December 27, 2021
5 PROJECT FEE
Task Task Description Fee
1.0 Project Management $3,525.00
2.0 Data Collection and Analysis $30,400.00
3.0 Outreach $11,440.00
EXP Reimbursable Expenses $ 1,128.00
SUB Subconsultant $ 12,320.00
TOTAL $ 58,813.00
41 C
U.S. Department Western-Pacific Region 777 S. Aviation Boulevard of Transportation Office of Airports Suite 150
Federal Aviation Safety & Standards Branch El Segundo, CA 90245 Administration
April 16, 2019
Mr. Mark Gibbs
Airport Manager
Lake Tahoe Airport
1925 Embarcadero Road
Lake Tahoe, CA 95453
Dear Mr. Gibbs:
Lake Tahoe Airport (TVL)
Airport Land Use Inspection Report
This letter is in regards to the Federal Aviation Administration (FAA) inspection of Lake Tahoe Airport (TVL) on April 17-19, 2018. It provides the results and conclusions ofthe onsite inspection and review ofTVL's hangar and commercial lease agreements for aeronautical and non-aeronautical use. First, we wish to thank you and your stafffor the assistance and cooperation provided during the inspection. We appreciate your time, attention, and input during our visit to TVL.
Background
General aviation airport inspections are part of a national program that is undertaken pursuant Senate Report No. 106-55, dated May 1999. Congress directed that the FAA conduct land-use inspections at airports that have received federal assistance in order to detect and correct inappropriate or unapproved land uses. In addition, the FAA must report the results ofthe inspections to Congress; along with the FAA's plans to correct, any identified inappropriate land uses.
The FAA was interested in conducting a land use inspection at TVL for two reasons. The City voluntarily surrendered its Airport Operating Certificate (AOC) to the FAA to operate as a 14 Code ofFederal Regulations (CFR) Part 139 airport on March 17, 2015, and three (3) years have passed since TVL has become a general aviation airport. In addition, a potential hangar tenant reported to the Western-Pacific Region Office in October 2017 that an aircraft hangar was not available for rent because other hangars were used for non-aeronautical storage and not for aircraft. The inspection would also determine the status ofthe complaint and determine how prevalent aircraft hangars are used for non-aeronautical storage purposes and not for the storage of aircraft.
Document Review
As part ofthe land use inspection, we reviewed the following documentation:
- Airport Improvement Project (AlP) grant history:
-Lake Tahoe Airport Layout Plan
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- Independent audits offinancial statements for Fiscal Years (FYs) 2015, 2016, 2017; -Comprehensive Annual Financial Reports and Budget Reports FYs 2015, 2016, 2017 - Independent audits for Fiscal Years 2015, 2016, 2017; - Fixed Base Operator (FBO) Lease, Facilities Management, and Concession Agreement -FBO Fuel License Agreement
-All 48 Hangar Lease Agreements
-City of Lake Tahoe - Airport Rules and Regulations
- Policies and Procedures
- Minimum Standards
-Lake Tahoe Airport Wildlife Hazard Management Plan, April 2017 Applicable Sponsor Grant Assurances and FAA Hangar Use Policy Grant Assurance 19, Operations and Maintenance, stipulates, in part, that: "The airport and all facilities which are necessary to serve the aeronautical users ofthe airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes." The final Policy on the Non-Aeronautical Use ofAirport Hangars, 81 Federal Register (FR) 38906, June 15, 2016, (FAA Hangar Use Policy) clarifies the FAA's policy regarding storage of non-aeronautical items in airport facilities designated for aeronautical use. The final policy reconfirms the requirement that hangars must be used for the storage of aircraft, along with a description of what are permissible and not permissible non-aeronautical uses of hangars. i.e., Hangars located on airport property must be used for an aeronautical purpose, or be available for use for an aeronautical purpose, unless otherwise approved by the FAA Office of Airports.
According to Grant Assurance 20, HazardRemoval and Mitigation, the sponsor".. .will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards."
According to Grant Assurance 24, Fee and Rental Structure, the airport should be made as self-sustaining as possible. In accordance with this principle, which is more fully explained in the Policy and Procedures Concerning the Use ofAirport Revenue -64FR7696, Februaryl6,1999 (FAA Revenue Use Policy), whenever a non-aeronautical use exists, the airport sponsor is obligated to charge fair market commercial rates (FMV) for the use of airport land and facilities.
Grant Assurance 29, Airport Layout Plan, requires the sponsor to keep up to date at all times an airport layout plan ofthe airport showing the boundaries ofthe airport and all proposed additions thereto, together with the 1) boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto. The sponsor will not make or permit any changes or alterations in the airport or any ofits facilities which are not in 43 conformity with the airport layout pian as approved by the Secretary and which might, in the opinion ofthe Secretary, adversely affect the safety, utility or efficiency ofthe airport.
Observations
3 We performed a limited-scope airfield visual inspection. We did not note any serious discrepancy with the condition ofthe runways and taxiways. The airfield was in satisfactory condition and properly maintained. However, the pavement in the Tie-Down Apron or main airport ramp was in very bad condition. Alligator cracking throughout the Apron and its associated taxilanes are indicative offull depth pavement failure. However, the City has been aware ofthese issues and an apron reconstruction project has been initiated with the San Francisco Airport District Office (SF0-ADO). We observed similar pavement failure ofthe hangar taxilanes located south ofthe airport. This issue should also be coordinated with the SF0-ADO for future airport improvement projects since the project cost would be eligible for federal grant funding.
East ofthe runway, we observed a large breach at a portion ofthe existing perimeter fence (Exhibit 1). This breach may negatively affect airport safety and security if not repaired in a timely manner. According to the airport manager, a bear damaged the fence, but the bear was not observed in the Airport at the time ofthe inspection. However, geese were observed as a wildlife presence during the airport inspection (Exhibit 2). The Lake Tahoe Airport Wildlife Hazard Management Plan (Plan) was issued in April 2017. The City has hired an airport wildlife biologist who provides annual environmental site reviews for specific projects. The airport manager has been proactive in implementing the Plan's recommendations and plans to take additional steps as recommended alleviating potential wildlife hazards.
During our inspection, we randomly selected three aircraft hangars for inspection. On observation, we found that two (2) ofthe hangars were being used exclusively for nonaeronautical storage of boats and automobiles (Exhibit 4). On review ofthe hangar lease, we found that the airport sponsor did not approve one ofthe two hangar leases. However, the other non-aeronautical hangar storage was allowed by the City in a month-to-month rental agreement.
Exhibit 1. Damaged Perimeter Fence Exhibit 2. Potential Wildlife Bird Hazard 44 Exhibit 4. Hangars with Non-Aeronautical Storage
Exhibit 5. Non-Aeronautical Storage -Project Scraps/Remnants / Conex Boxes As depicted in Exhibit 5, we observed areas ofthe airport used for non-aeronautical purposes. The Conex storage area is approved non-aeronautical use by the City, but the area of land used for the scraps and leftover project materials was not approved.
Inspection Findings and Existing Conditions
We observed a severe breach ofthe perimeter fence east ofthe runway (Exhibit 1) and severe major pavement failure ofthe hangar taxilanes. These issues should be resolved to comply with Grant Assurance 19, Operation and Maintenance, and Grant Assurance 20, Hazard Removal and Mitigation.
2. We identified a non-approved non-aeronautical use of an aircraft hangar. The hangar was primarily used for storage of non-aeronautical items including a car and a boat. As observed, the remaining space in the hangar would not be adequate for an aircraft.
Additionally, because the hangar was used for non-aeronautical purposes, the tenant should have been charged a FMV rate. These issues may violate Grant Assurance 19, Operation and Maintenance, Grant Assurance 24, Fee and Rental Structure, and FAA's Hangar Use Policy.
3. We observed certain areas of airport property are used for non-aeronautical purposes including storage of legacy construction debris and materials, and three (3) Conex containers were placed adjacent to the airport ramp for non-aeronautical storage (Exhibit 5). Any use of airport land should be charged at FMV. These issues may not be in accordance with Grant Assurance 19, Operation and Maintenance and Grant Assurance 24, Fee and Rental Structure.
45 4. Over half ofthe airport terminal was used by the City for administrative purposes. This included the business function ofthe South Lake Tahoe City Hall. Records on file at the SF0-ADO indicate that the SF0-ADO has reviewed the Terminal lease in the past.
However, this non-aeronautical use was not identified in the current Airport Layout Plan, and therefore, may not comply with Grant Assurance 29, Airport Layout Plan.
Recommendations
The Grant Assurances are a metric to guide airport sponsor decisions. For example, Grant Assurance 22, Economic Nondiscrimination, requires that the airport be available for aeronautical activities on reasonable terms and without unjust discrimination. The obligation does not include non-aeronautical uses. Therefore, non-aeronautical uses should not displace aeronautical uses.
Separate fees for non-aeronautical activities should also be included in an airport's rate setting policy. Grant Assurance 24, Fee and Rental Structure, dictates that the airport must be made as self-sustaining as possible. In accordance with this principle, which is more fully explained in the FAA's Revenue Use Policy. Whenever a non-aeronautical use exists, the airport sponsor is obligated to charge fair market commercial rates (FMV) for the use of airport land and facilities.
The City should develop a corrective action plan and implement measures to address the inspection findings:
1. Repair the breach observed at the perimeter fence east ofthe airport. Also, coordinate with the SF0-ADO staff members to include reconstruction ofthe failed pavement of the taxilanes between the hangars for future grant funding.
2. Non-aeronautical use may be allowed in accordance with the FAA Hangar Use Policy.
a) Follow up to resolve the safety and hangar use issues as described above. Ensure hangars are used for aircraft storage. Non-aeronautical use ofland by a tenant should be charged FMV.
b) Incorporate provisions in leases that stipulate the City will adjust the rental rates to FMV for non-aeronautical uses of hangars. Therefore, if a tenant uses a hangar for non-aeronautical purposes in violation ofthe FAA Hangar Use Policy, the rental payments due to the sponsor would automatically increase to FMV level.
c) As recommended in the FAA Hangar Use Policy, the City should establish a hangar use program to routinely monitor and prevent unapproved nonaeronautical uses of hangars. The City should also examine such factors as emergency access, fire codes, security, insurance, and impact of vehicular traffic on the airport when setting minimum standards for hangars. d) In the event there is no aeronautical demand for vacant hangars, the City may request FAA approval for a leasing plan to lease these vacant hangars for nonaeronautical use on a month-to-month basis. Non-aeronautical leases must require the non-aeronautical tenant to vacate the hangar on 30 days' notice to allow aeronautical use when a request is received.
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3. Regarding non-aeronautical usage of airport land, we did not see any documents that airport land and/or facilities been assessed on a reasonable basis, such as, by a fair market appraisal. A FMV appraisal of airport land and facilities should be conducted so that an independent valuation ofthe land or facility would provide the sponsor the information to establish the rates and charges for aeronautical and non-aeronautical purposes to make the airport as self-sustaining as possible.
4. In coordination with the SF0-ADO, plan to update the Airport Layout Plan to depict and label accordingly identifying the City Administrative Center or City Hall is also located at the airport terminal. Consult with the FAA airport planner for guidance.
Per our review ofthe FBO and hangar lease agreements, we found that most ofthe recommended FAA lease provisions are referenced in these leases. However, the hangar leases reference conditions in the Airport's Rules and Regulations which latest revision was in 2009 and hangar lease provision may need updating. We are providing a copy ofFAA's Revenue Use and Hangar Use Policy, for your reference to update the hangar leases.
Lastly, we found that the complainant that could not rent a hangar for aircraft storage was provided a hangar because the airport manager had looked into the amount of aircraft hangars approved for non-aeronautical storage and terminated one ofthem to make the hangar available for the potential tenant. Therefore, we consider this complaint closed and resolved as the date of the inspection. The airport manager has developed a policy where any aircraft hangars used for non-aeronautical storage must be made available ifthere is a demand for that hangar for aircraft storage.
Conclusion
We found that TVL's land uses are generally in compliance with the grant assurances and Mr.
Gibbs has taken positive steps to improve the airport and its financial performance since he became airport manager in November 2016. However, we found a few shortcomings that require the City's attention. The City should take appropriate action to address the findings and recommendations identified above..
Please provide our office and the SF0-ADO a corrective action plan within 30 days describing the City's plans to address the findings contained in this inspection report.
If you have any questions or wish to discuss the inspection, please call Victor Globa at (424) 405-7272, Airports Compliance Specialist, or email [email protected].
Sincerely,
Brian Armstr
Enclosures:
FAA Revenue Use Policy
FAA Hangar Use Policy
Airport Sponsor & Airport User Rights and Responsibilities 47 cc: SF0-ADO
ACO-100
48 M
CITY OF SOUTH LAKE TAHOE
MASTER PROFESSIONAL SERVICES BASE AGREEMENT
Lake Tahoe Airport Planning Services 2018 -2023
This Agreement is made and entered into as of 23rd of January 2018 by and between the City of South Lake Tahoe, a municipal corporation ( " City ") and Jviation, Inc. ( " Consultant ").
1 114011111 f-11 11 1
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. , City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
Scope of Services. Consultant shall perform the services set forth in this agreement and shall only provide said services based upon direction of the South Lake Tahoe Airport Director.
The Consultant agrees that it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Contract is based on such independent investigation and research.
Services provided by Consultant pursuant to this Agreement will be provided in accordance with the terms , set forth in the Exhibit A, " Scope of Services," attached hereto and incorporated herein by reference. Exhibit B, Compensation Schedule," attached hereto and incorporated herein by reference, outlines the fees and compensation which shall be paid pursuant to this Agreement.
2. Term / Time of Performance. The services by Consultant are to commence upon the execution of the Agreement and continue for five ( 5) years. loy- 7
C - S - I, 9
49 3. Compensation. As consideration for the services rendered under this Agreement, the City shall pay Consultant for actual work performed pursuant to the rates set forth in Exhibit B which is attached hereto and incorporated herein by reference. The parties shall execute an addendum to this agreement which addendum shall include a not -to- exceed cost for specific services each time the Airport Director directs specific services to be performed under this agreement.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
Payment is contingent upon compliance with all terms and conditions of this Agreement, as set forth herein. Consultant shall obtain prior written authorization from the City Project Manager for any costs in excess of budgeted amounts for each line item, task, or obligation under the Scope of Services.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant' s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, the applicable hourly rate, and a description of any reimbursable expenditures.
City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform extra work. As used herein, " Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, extra work without prior written authorization from City.
6. Termination. This Agreement may be terminated by City or Consultant immediately for cause or without cause upon thirty days ( 30) days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, and City shall be entitled to all work performed to that date.
Termination, revocation, or expiration of this Agreement shall not release either party from liability resulting from an event which occurred prior to such termination, revocation or expiration.
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7. FEDERAL PROVISIONS
The City will be using money received from the Federal Aviation Administration FAAA), to pay all or a part of the compensation to Consultant for the Services.
The FAA requires certain clauses to be included in contracts where FAA money will be spent. These terms and conditions are included in Exhibit " D" hereto and incorporated herein by reference. If there is a conflict between any provision in Exhibit " D" and the body of this Agreement, Exhibit " D" shall control.
8. Ownership Of Documents.
All plans, studies, documents and other writings, including working notes and internal documents, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, shall become the property of City upon payment to Consultant for such work, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at Consultant' s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Consultant are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.
9. Consultant' s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to Consultant for services provided pursuant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three ( 3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to City for inspection at City offices when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the 3 51
records shall be available at Consultant' s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant' s business, City may, by written request by any of the above -named officers, require that custody of the records be given to City and that the records and documents be maintained at City offices. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant' s representatives, or Consultant' s successor -in- interest.
10. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City' s employees, and Consultant hereby expressly waives any claim it may have to any such rights. All employees, agents, contractors or subcontractors hired or retained by Consultant are employees, agents, contractors or subcontractors of Consultant and not of the City.
City is not required to make any deductions or withholdings form the compensation payable to Consultant under the provisions of this Contract, and is not required to issue W -2 Forms for income and employment tax purposes for any of Consultant' s assigned personnel. Any third party persons employed by Consultant shall be entirely and exclusively under the direction, supervision, and control of Consultant. Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer - employee relationship exists by reason of this Contract.
11. Interest of Consultant. Consultant, ( and principals, associates and professional employees of consultant) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant' s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
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Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. Will conduct research and arrive at conclusions with respect to his / her rendition of information, advice, recommendation or counsel independent of the control and direction of City or of any City official, other than normal agreement monitoring; and, b. Possesses no authority with respect to any city decision beyond rendition of information, advice, recommendation or counsel.
FPPC Reg. 18700( a) (2)].
12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant' s field of expertise..
13. Compliance with Laws. Consultant shall comply with all applicable federal, state, regional and local laws, codes, ordinances and regulations in carrying out his / her duties under this Agreement. Consultant shall observe and comply with all applicable laws, ordinances, regulations and codes of federal, state and local governments, and shall commit no trespass on any public or private property in performing any of the work authorized by this Agreement. The City, its officials, officers, elected officials, appointed officials and employees shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section.
In the event it is determined that the Consultant is required to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay all penalties and wages as required by law.
14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any. licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of South Lake Tahoe business license at all times services are performed under this Agreement. Consultant acknowledges that payments made W
53 pursuant to this Agreement may be withheld until this provision has been satisfied.
15. Indemnity. Consultant hereby agrees to and shall indemnify and hold harmless City, its elected and appointed boards, officers, agents, employees and volunteers from and against any liability for any and all claims, demands, actions, losses, damages and injuries, direct or indirect ( including any and all costs and expenses in connection therein), arising out of this Agreement or caused in any way by Consultant' s negligent performance of this Agreement or its breach of its obligations contained in this Agreement, except for any such claims arising out of the negligence or willful misconduct of the City.
Consultant agrees to defend City from and against any and all losses, damages, claims costs and fees arising out Consultant' s negligent acts, errors, omissions, regarding this Agreement, the Consultant' s work under this Agreement, or the consultant' s Scope of Work.
City does not, and shall not, waive any rights against Consultant which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Consultant, of any of the insurance policies hereinafter set forth.
This hold harmless agreement by Consultant shall apply to all damages and claims for damages, or alleged to have. been suffered, by reason of any of the aforesaid operation of Consultant or any subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
Consultant further waives any and all rights to any type of express or implied indemnity or right of contribution from the City for any liability, claims, demands, costs, charges and expenses and causes of action of whatsoever arising out of or in any way connected with this Agreement, and consultant' s work under this Agreement.
16. Insurance Requirements.
a. Consultant, at Consultant' s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer' s Liability Insurance for his / her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers'
6 54
Compensation Insurance and Employer' s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor' s employees. Any notice of cancellation of all Workers' Compensation policies must be received by City at least thirty ( 30) days prior to such change. Consultant shall provide thirty ( 30) days written notice of nonrenewal of any Workers' Compensation policies. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work
performed by Consultant for City.
ii. Commercial General Liability Coverage. Consultant shall maintain commercial general liability insurance no less broad than ISO form CG 00 01 in an amount not less than two million dollars ($ 2, 000, 000) per occurrence for bodily injury, personal injury and property damage. Coverage must be made on
the standard Occurrence form. Claims - Made forms are not acceptable without prior written consent of City. City of South Lake Tahoe must be endorsed as an additional insured for liability arising out of ongoing operation by or on behalf of Consultant. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the- work to be performed under this Agreement or the general
aggregate limit shall be at least twice the required
occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non - owned vehicles, in an amount of not less than one million dollars ($ 1, 000, 000) combined single limit for each
occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant or by its
employees, or subcontractors. The amount of this insurance shall not be less than one million dollars ($ 1, 000, 000) on a claims -made annual aggregate basis, or a combined single - limit per occurrence basis.
55 b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a AM Best' s rating of no less than A: VII and shall be endorsed with the following specific language:
i. City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional
insured' s under Consultant' s General Liability and Automobile Liability policies with respect to liability arising out of this Agreement and /or work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
H. This policy shall be considered primary insurance as respects City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and shall not contribute with it.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. The insurer waives all rights of subrogation against City except for Consultant' s Professional Liability and Employers' Liability policies, its elected or appointed officers, officials, employees or agents.
V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. No policies of insurance carried by Consultant shall be suspended, voided, canceled, or changed in coverage or in limits except after thirty ( 30) days' written notice to the City Attorney by Certified Mail.
C. Deductibles and Self- Insured Retentions. The Consultant shall be responsible for all deductibles in all of Consultant' s insurance policies. The amount of deductibles for insurance coverage 8 56
required herein shall be reasonable and approved by the City Attorney.
d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Consultant shall not commence work under this contract until all insurance required under this section has been approved by City as to form, amount and carrier, nor shall Consultant allow any subcontractor to commence work on any subcontract until all similar insurance required and reasonably consistent limits of the subcontractor has been so obtained and approved. Certificates of insurance shall contain. no exclusions unless negotiated with the City Attorney and approved, in writing, by the City Attorney.
17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below.
Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of South Lake Tahoe
1901 Airport Rd.
South Lake Tahoe, CA 96150
Provide a copy to: City Attorney' s Office
City of South Lake Tahoe
1901 Airport Road, Suite 300
South Lake Tahoe, CA 96150
If to Consultant: Tony Davis, Project Manager
Jviation, Inc.
35 South 400 West, Suite 200
St. George, UT 84770
Tony. davis@iviation. com
Tel: ( 435) 673 -8484
18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement 9 57
without the written authorization of City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in the Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.
19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
20. Dispute Resolution. Any dispute concerning this Agreement will be first submitted to the City Manager or his designee for resolution. If no resolution is reached, such dispute shall be submitted to the City Council. The decision ofAhe City Council shall be final and shall be appealable only to the El Dorado Superior Court pursuant to California Code of Civil Procedure 1094. 5, and as provided by law.
21. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in the Superior Courts in the County of El Dorado, South Lake Tahoe Division.
22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any Consultant or person, other than the independent contractors hired in accordance with Consultant' s standard business practice, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any Consultant or person, other than a bona fide employee working solely for Consultant or an independent - contractor hired as discussed above, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
23. Eaual Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff 10 58
or termination. Consultant shall also comply with all relevant provisions of City' s Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
24. Drug -Free Workplace Certification. By signing this Agreement, Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug - Free Workplace Act of 1990 ( Government Code Section 8350, et seq.) and will provide a drug -free work place by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355 ( a). b. Establish a Drug -Free Awareness Program as required by Government Code Section 8355( b) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The person' s or organization' s policy of maintaining a drug -free workplace;
iii. Any available counseling, rehabilitation and employee assistance program; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide, as required by Government Code Section 8355( c), that every employee who performs grant activities under this Agreement:
i. Will receive a copy of the Consultant' s drug -free policy statement; and
ii. Will agree to abide by the terms of the Consultant' s statement as a condition of employment on this Agreement.
Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of the Agreement, or both, and Consultant may be ineligible for award of any future City agreements if City determines that any of the following has occurred: the Consultant 1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
25. Anti - Lobbying Certification. Consultant shall submit to City the Anti - Lobbying Certification contained in Exhibit C. Further, Consultant shall require that the language of the certification in Exhibit C be included in all contracts or 11 59
subcontracts entered into in connection with this Agreement and that all Consultants and contractors shall certify and disclose accordingly.
26. Americans with Disabilities Act. By signing this Agreement, Consultant assures the City that it complies with the American with Disabilities Act (ADA) of 1990, 42 U. S. C. 12101, et.seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
30. Execution. This Agreement may be, executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement.
32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the . legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CONSULTANT: Jviation, Inc.
0 SIGNED IN COUNTERPART
J. D. Ingram, Principal
12 60
disability, as well as all applicable regulations and guidelines issued pursuant to ADA.
27. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
28. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
29. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the some instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
31. Time is of the Essence. Time is of the essence for this Agreement.
32. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SOUTH LAKE TAHOE:
i
Wendy David, Mayor
APPROVED AS TO FORM:
Nira Doherty, Interim City Attorney
CONSULTANT: Jviation, Inc.
ByJohn D Ingram ( Jan 3, 2018) By
J. D. Ingram, Principal
Business License # C3341623
SIGNED IN COUNTERPART
L
61 APPROVE O .
By
Nira Doherty, Interim City Attorney
ATTEST:
By
Susan Alessi, City Clerk
Attachments:
Exhibit A - Scope of Services
Business License # C3841623
Exhibit B - Compensation Rate Schedule
Exhibit C - Anti - Lobbying Certification
Exhibit D- Federal Provisions
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EXHIBIT A
SCOPE OF SERVICES,
SCOPE OF SERVICES
BETWEEN
JVIATION, INC.
AND
THE CITY OF,SOUTH LAKE TAHOE
SOUTH LAKE TAHOE, CALIFORNIA
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EXHIBIT A
SCOPE OF SERVICES
AIRPORT PLANNING SERVICES
SECTION 1. THE PROJECT
1. 1 This Contract is for planning services at the Lake Tahoe Airport, 1901 Airport Road, South Lake Tahoe, California, 96150, which may include the following items ( collectively, the " Project ").
a) Airport Airspace Obstruction Easement Acquisitions to support airport obstruction removal
b) Airport Layout Plan Update and / or Revision Submittal c) Instrument Procedure Development Runway, 18/ 36
d) Airport Revenue Development Services
e) Airport Planning to support non - aeronautical land use development f) Airport Airspace Obstruction Analysis
SECTION 2. THE SERVICES
The planning services to be provided in connection with the Project may include:
1. Conferring with the Sponsor on project requirements, programming, finances, schedules, early phases of the project, and other pertinent matters, and meeting with the Federal Aviation Administration ( FAA) and other concerned agencies and parties on matters affecting the planning project.
2. Assisting the Sponsor in the preparation of necessary pre - applications, applications, and required documents for federal, state or other local planning grants.
3. Planning, procuring, and /or preparing necessary surveys, field investigations, and electronic data necessary to complete the project scope.
4. Developing design schematics, sketches, environmental and aesthetic ' considerations, project recommendations, preliminary layouts, and cost estimates.
6. Coordinating with aviation consultant Jviation, Inc. who currently holds the airport' s environmental and engineering professional services contract on matters affecting project scope.
7. Conducting and attending meetings and planning conferences 15 64
with the Sponsor to obtain information and to coordinate or resolve planning matters.
8. Revise ALP to reflect as- constructed conditions, changes to future development plans and /or property acquisitions / easement acquisitions.
9. Assist owner with planning grant project closeout documents.
10. Prepare benefit -cost analysis to assist in airport business development, lease negotiations, and a review of airport rates & charges against industry norms for similarly sized airports. Review and update airport lease documents. Analyze the economic impact of the Lake Tahoe Airport.
11. Participate in planning charrettes with stakeholders including the Airport Land Use Commission to build consensus on the Lake Tahoe Airport developable lands for the purposes of releasing these areas for certain non - aeronautical development and then marketing these areas to the private sector.
12. Develop forecasting of aviation demands over a 20 -year period.
Include aircraft operations, aircraft mix, based aircraft, passengers, air cargo and ground access.
13. Perform an analysis of airfield, terminal area and surface access to determine airport capacity values and identify potential causes of delay or other reductions in service levels.
14. Leverage AGIS Compliant Airport Obstruction Survey Data completed in 2017 to enable the development of future performance based navigational procedures for Runway 18/ 36.
15. Evaluate general land use of neighboring areas to identify potential incompatible uses that may arise as development occurs on and around the airport in accordance with the Lake Tahoe Airport Land Use Compatibility Plan ( ALUCP).
16. Identify possible economic development on the airport to further financial self- sufficiency.
17. Develop a financial plan identifying possible funding sources to meet capital improvement program and operation and maintenance needs. Evaluate airport rates and charges. Provide recommendations of new revenues to meet expenditures for the five, ten, and twenty 16 65
year forecasts.
18. Review airport practices, policies and ordinances. Make recommendations to improve airport operations, maintenance and services.
19. Provide appropriate reports, coordination and public involvement
20. Coordinate with City Attorney for airport legal services when dealing with property easements, property acquisitions and any suits brought against the airport.
17 66
EXHIBIT B
COMPENSATION RATE SCHEDULE
Lump Sutra
Principal 235/hour
Senior Consultant 225ihour
Project Manager III 225thour
Project Manager II 1801our
Project Manager I 160111our
Quality Control Manager 185111our
Electrical Engineer II 210 /hour
Electrical Engineer I
1651hour
Engineer S 1 15111our
Associate Engineer II 1351hour
Associate Engineer I S105/ hour
Planning Manager 225 /hour
Planner IV 220 /hour
Planner III 135/ 11our
Planner II 135/hour
Planner I 125thour
Designer III 1601our
Designer II 1401our
Designer I 120/ hour
Construction Manager IV 180,41our
Construction Manager III 155/ hour
Construction Manager II 1351our
Construction Manager I 95.1hour
CADD Tech III 110 ?hour
CADD Tech II 90/ hour
CADD .Tech 1 85/ 11011r
SUlveyor S95/ hour
Project Coordinator 90111our
Support 90rhour
Intern 50 /hour
Field' Vehicle 70 /day
office Vehicle 50/ day
Mileage 0. 535 / mile
Tviation. hic,
Billin_ Rate Schedule for 3017
18 67
EXHIBIT C
ANTI - LOBBYING CERTIFICATION
Consultant shall submit to City this certification prior to or at the time of the execution of this Agreement.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty not less than $ 10, 000 and no more than $ 100, 000 for such failure.
The undersigned certifies, to the best of his or her knowledge or belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; and
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, cooperative agreement, it will complete and submit Standard Form -LLL, " Disclosure Form to Report Lobbying," in accordance with its instruction.
Consultant:
Jviation, Inc.
J. D Ingram, Principal
M.
Z11)L 0 / l-al?t
John D Ingrarn ( Jan 3. 2018)
19 68
EXHIBIT D
FEDERAL PROVISIONS
I. CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL REQUIREMENTS ( Reference: 49 CFR Part 21)
During the performance of this contract, the contractor, for itself, its assignees and successors in interest ( hereinafter referred to as the " Engineer ") agrees as follows:
Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation ( hereinafter, " DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time ( hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.'
Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race; color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section
21. 5 of the. Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer' s obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration ( FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of an Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.
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Sanctions for Noncompliance. In the event of the Engineer' s noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to:
a) Withholding of payments to the Engineer under the contract until the Engineer complies, and / or
b) Cancellation, termination, or suspension of the contract, in whole or in part.
Incorporation of Provisions. The Engineer shall include the provisions of paragraphs one through five ( Compliance with Regulations, Nondiscrimination, Solicitations for Subcontracts, Information and Reports, and Sanctions for Noncompliance) in every subcontract, including procurements of materials' and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of, enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event an Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States.
II. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS ( Reference: Airport and Airway Improvement Act of 1982, Section 520; Title 49 47123; AC 150/ 5100 - 15, Para. 10. c.) The Engineer assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant /concessionaire /lessee or its transferee for the period during which Federal assistance is extended to the airport a, program, except where Federal assistance ' is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: ( a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or ( b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Engineers, this provision binds the Engineers from the bid solicitation period 21 70
through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
III. DISADVANTAGED BUSINESS ENTERPRISES ( Reference: 49 CFR Part 26) Contract Assurance ( § 26. 13) - The Engineer or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Engineer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Engineer to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate.
Prompt Payment ( § 26. 29) - The prime Engineer agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Fifteen ( 15) days from the receipt of each payment the prime Engineer receives from Sponsor. The prime Engineer agrees further to return retainage payments to each subcontractor within Fifteen ( 15) days after the subcontractor' s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause,following written approval of the Board. This clause applies to both DBE and non -DBE subcontractors.
IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES ( Reference: 49 CFR Part 20, Appendix A)
The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall 22 71
complete and submit Standard Form - LLL, " Disclosure Form to Report Lobbying," in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers ( including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100,000 for each such failure.
V. ACCESS TO RECORDS AND REPORTS ( Reference: 49 CFR Part 18. 36( i); FAA Order 5100. 38)
The Engineer shall maintain an acceptable cost accounting system. The Engineer agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representative' s access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.
VI. BREACH OF CONTRACT TERMS ( Reference: 49 CFR Part 18. 36) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.
Sponsor will provide Engineer written notice that describes the nature of the breach and corrective actions the Engineer must undertake in order to avoid termination of the contract. Sponsor reserves the right to withhold payments to Engineer until such time the Engineer corrects the breach or the Sponsor elects to terminate the contract. The Sponsor' s notice will identify a specific date by which the Engineer must correct the breach. Sponsor may proceed with termination of the contract if the Engineer fails to correct the breach by deadline indicated in the Sponsor' s notice.
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The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.
VII. RIGHTS TO INVENTIONS ( Reference: 49 CFR Part 18. 36( i) ( 8); FAA Order 5100. 38)
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Sponsor in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non - profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR § 401. 14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental or research work.
VIII. TRADE RESTRICTION CLAUSE ( Reference: 49 CFR Part 30. 13; FAA Order 5100. 38)
By submission of an offer, the Engineer certifies that with respect to this solicitation and any resultant contract, the Engineer - is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U. S. firms as published by the Office of the United States Trade Representative ( U. S. T. R.); has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U. S. firms as published by the U. S. T. R; and
has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U. S. firms published by the U. S. T. R.
This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.
The Engineer must provide immediate written notice to the Sponsor if the Engineer learns that its certification or that of a subcontractor was erroneous 24 73
when submitted or has become erroneous by reason of changed circumstances. The Engineer must require subcontractors provide immediate written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30. 17, no contract shall be awarded to an Engineer or subcontractor: Required Contact Provisions Issued on January 29, 2016 Page 64 AIP Grants and Obligated Sponsors Airports ( ARP) 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U. S. firms published by the U. S. T. R. or
2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U. S. T. R. list or 3) who incorporates in the public works project any product of a foreign country on such U. S. T. R. list;
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U. S. firms as published by U. S. T. R, unless the Engineer has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Engineer or subcontractor - knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Sponsor or the FAA.
IX. TERMINATION OF CONTRACT ( Reference: 49 CFR Part 18. 36( i) ( 2); FAA Order 5100. 38)
The Sponsor may, by written notice to the Engineer, terminate this Agreement for its convenience and without cause or default on the part of the Engineer. Upon 25 74
receipt of the notice of termination, except as explicitly directed by the Sponsor, the Engineer must immediately discontinue all services affected.
Upon termination of the Agreement, the Engineer must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
The Sponsor agrees to make just and equitable compensation to the Engineer for satisfactory work completed up through the date the Engineer receives the termination notice. Compensation will not include anticipated profit on non - performed services.
The Sponsor further agrees to hold Engineer harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [ 7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement.
Termination by Sponsor: The Sponsor may terminate this Agreement in whole or in part, for the failure of the Engineer to:
1) Perform the services within the time specified in this contract or by the Sponsor approved extension;
2) Make adequate progress so as to endanger satisfactory performance of the Project;
3) Fulfill the obligations of the Agreement that are essential to the completion of the Project.
Upon receipt of the notice of termination, the Engineer must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Engineer must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, 26 75
summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.
The Sponsor agrees to make just and equitable compensation to the Engineer for satisfactory work completed up through the date the Engineer receives the termination notice. Compensation will not include anticipated profit on non - performed services.
The Sponsor further agrees to hold Engineer harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
If, after finalization of the termination action, the Sponsor determines the Engineer was not in default of the Agreement, the rights and obligations of the parties shall be the some as if the Sponsor issued the termination for the convenience of the Sponsor.
Termination by Engineer: The Engineer may terminate this Agreement in whole or in part, if the Sponsor:
1) Defaults on its obligations under this Agreement;
2) Fails to make payment to the Engineer in accordance with the terms of this Agreement;
3) Suspends the Project for more than [ 180] days due to reasons beyond the control of the Engineer.
Upon receipt of a notice of termination from the Engineer, Sponsor agrees to cooperate with Engineer for the purpose of terminating the agreement or portion thereof, by mutual consent. If Sponsor and Engineer cannot reach mutual agreement on the termination settlement, the Engineer may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Sponsor' s breach of the contract.
In the event of termination due to Sponsor breach, the Engineer is entitled to invoice Sponsor and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Engineer through the effective date of termination action. Sponsor agrees to hold Engineer harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION ( Reference: 49 CFR Part 29; FAA Order 5100. 38) 27 76
The Engineer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder /offeror /Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation / proposal.
XI. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 ( Reference: 20 CFR part 1910)
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect. as if given in full text. Engineer most provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Engineer retains full responsibility to monitor its compliance and their subcontractor' s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 ( 20 CFR Part 1910). Engineer must address any claims or disputes that, pertain to a referenced requirement directly with the U. S. Department of Labor - Occupational Safety and Health Administration.
XII. CLEAN AIR AND WATER POLLUTION CONTROL ( Reference: 2 CFR § 200 Appendix I[ ( G))
Engineer agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U. S. C. § 740 -7671 q) and the Federal Water Pollution Control Act as amended ( 33 U. S. C. § 1251 - 1387). The Engineer agrees to report any violation to the Sponsor immediately upon discovery. The Sponsor assumes responsibility for notifying the Environmental Protection Agency EPA) and the Federal Aviation Administration.
Engineer must include this requirement in all subcontracts that exceeds 150, 000.
XIII. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS Reference: 2 CFR § 200 Appendix II ( E))
Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is 28 77
employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph ( 1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above.
Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.
Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
XIV. FEDERAL FAIR LABOR STANDARDS ACT ( FEDERAL MINIMUM WAGE) Reference: 29 USC § 201, et seq.)
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act FLSA), with the same force and effect as if given in full text. The FLSA sets 29 78
minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.
The Engineer has full responsibility to monitor compliance to the referenced statute or regulation. The Engineer must address any claims or disputes that arise from this requirement directly with the U. S. Department of Labor — Wage and Hour Division.
XV. TEXTING WHEN DRIVING ( References: Executive Order 13513, DOT Order 3902. 10)
In accordance with Executive Order 13513, " Federal Leadership on Reducing Text Messaging While Driving" ( 10 / 1 / 2009) and DOT Order 3902. 10 " Text Messaging While Driving" ( 12/ 30/ 2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub - grant.
In support of this initiative, the Sponsor encourages the Engineer to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Engineer must include the substance of this clause in all sub -tier contracts exceeding $ 3,500 and involve driving a motor vehicle in performance of work activities associated with the project.
XVI. ENERGY CONSERVATION REQUIREMENTS ( References: 2 CFR § 200 Appendix
II( H))
Engineer and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( 42 U. S. C. 6201 et seq).
XVII. VETERAN' S PREFERENCE ( References: 49 USC § 47112( c)) In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam - era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns ( as defined by 15 U. S. C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. 30 79
City Council Report January 18, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Annual Accountability Report for Bijou Area Erosion Control Project Community Facilities District (CFD2014-1) for Fiscal Year 2020/21
Location: Bijou Commercial Core Area near Fairway Ave and Lake Tahoe Blvd.
Responsible Staff Member: Stan Hill, Engineering Manager (530) 542-6039 Background: The Bijou Area Erosion Control Project is a major water quality treatment and erosion control project completed in 2014 (see Project Location Map). Project improvements include an areawide stormwater collection, conveyance, and treatment system. Because the Bijou Area Project is in close proximity to Lake Tahoe and located within an intensely developed commercial area of the City, providing needed stormwater treatment before discharge into Lake Tahoe was problematic.
Stormwater treatment in the Project area requires a much more proactive method than is normally required with most stormwater and erosion control projects. The stormwater treatment facilities provided with the Project include an extensive series of subsurface settlement chambers to allow sediment to drop out of the stormwater on its journey to a stormwater lift station. After entering the lift station, the stormwater is pumped upstream to stormwater basins located on property owned by the U.S. Forest Service. The basins provide detention time to allow fine sediment to drop out. Stormwater infiltrates into the ground within the interconnected multi-basin facility.
The pro-active stormwater treatment system eliminates a historic direct discharge of urban stormwater into Lake Tahoe. The Bijou area-wide treatment system provides the means for commercial properties to receive TRPA BMP certification. As a part of the Bijou Area Erosion Control Project, the Community Facilities District was developed to provide a source of operations and maintenance funding to cover annual costs, replacement costs of the lift station pumps, and related infrastructure replacement costs.
The ongoing and long-term costs to operate and maintain the Bijou storm water pump-and-treat system are partially offset by the contributions from property owners. On July 15, 2014, the City Council adopted Resolution No 2014-42, forming the Community Facilities (CFD) District No. 2014-1 for the Bijou Area Erosion Control Project (ECP) and authorized the levy of a special tax within the CFD for the maintenance of the Bijou Area ECP. California Government Code Section 53411 (Senate Bill 165) requires local agencies levying a special tax to provide an annual status report to the governing body (City Council). This report provides the required information.
Issue and Discussion: The attached annual report delivered by the CFD administrator NBS revenue, expenses and CFD funding balance for the Fiscal Year 2020/21 was the following:
CFD tax & interest revenue: $14,275.64
Expenses: $6,686.77
CFD FY 2019/20 Balance: $152,348.70
80 City Council Report January 18, 2022 Page 2 of 2
CDF FY 2020/21 Fund Balance: $159,937.57
Special taxes are levied at a rate per impervious square foot of each participating parcel. The initial rate under the agreement was established at $0.10 per square foot and is subject to an increase annually based on the lesser of 3% or the April Consumer Price Index (CPI) change. Approved rate increases to the CFD levy are summarized as follows:
Table 1 – Annual Change in Tax Rate
Fiscal Year CPI Percent
Increase
Special Tax Rate
($/square foot)
2014-15 (CFD Formed) NA 0.10
2015-16 + 2.44 2.44 0.10244
2016-17 +2.70 2.70 0.10521
2017-18 +3.79 3.0 0.10835
2018-19 +3.22 3.0 0.11160
2019-20 +4.01 3.0 0.11495
2020-21 +1.11 1.11 0.11623
2021-22 +3.81 3.0 0.11971
Because public roads contribute half of the runoff and pollutant loading to the Bijou ECP, which is considered a public benefit, the City of South Lake Tahoe is responsible for up to half of the annualized funding for ongoing operations and maintenance (estimated at $112,403 per year over the next 20 years). Anticipated costs to overhaul and eventually replace major electrical and mechanical components of the pump system were factored into the average annual cost.
Through the lifecycle of the project, annual costs are expected to be lower than the budgeted annualized maintenance cost because major replacement costs will be realized as the system ages.
Currently, only 12 out of 43 property owners eligible to participate in the CFD are participating in what TRPA is calling “Area Wide BMPs.” Staff is working with TRPA to attract the maximum number of participants within the CFD to choose the levied assessment in lieu of constructing on-site BMPs. The assessment fees are calculated based on the impervious square footage for each property. Up to five times the current revenue could be collected annually if all 43 eligible properties located within the CFD participated.
Financial Implications: The recent annual 3% increase in special tax levy rates for the CFD participants was implemented to keep pace with average inflation while keeping a cap on the tax increase. During this reporting period, the CPI was over the 3% cap. Therefore, the maximum 3% increase will be applied to the CFD tax rate as documented in Table 1.
Environmental Considerations: CEQA does not apply. Approval of staff’s recommendation is not a “project” subject to CEQA because it (a) has no potential to cause a significant effect on the environment and (b) concerns government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (Cal. Code Regs., tit. 14, §§ 15061(b)(3) and 15378(b)(4).) Policy Implications: The special tax revenue is reserved for the operation and maintenance of the Bijou Area storm water pump and treat system. All expenses are consistent with policies and procedures as approved by City Council adopted in 2014 regulating the CFD. 81 Local Agency Special Tax and Bond Accountability Act Senate Bill 165, filed with the Secretary of State on September 19, 2000, enacted the Local Agency Special Tax and Bond Accountability Act. This Act requires that any local special tax or local bond measure subject to voter approval contain a statement indicating the specific purposes of the special tax, require that the proceeds of the special tax be applied to those purposes, require the creation of an account into which the proceeds shall be deposited, and require an annual report containing specified information concerning the use of the proceeds. The Act only applies to any local special tax measure or local bond measure adopted on or after January 1, 2001 in accordance with Section 50075.1 or Section 53410 of the California Government Code.
Some of the requirements of the Act are handled at the formation of the Special Tax District and others are handled through annual reports. This Section of this report intends to comply with Section 50075.3 or Section 53411 of the California Government Code that states:
“The chief fiscal officer of the issuing local agency shall file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain all of the following:
(a) The amount of funds collected and expended.
(b) The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 or Section 53410.”
The requirements of the Act apply to the Operating Fund for the following District:
City of South Lake Tahoe
Community Facilities District No. 2014-1 Bijou Area ECP Formed July 15, 2014
Purpose of Special Tax
Community Facilities District No. 2014-1 (Bijou Area ECP) (the “District”) was created to finance the costs of the construction and maintenance of the Bijou Area Erosion Control Project (the “Bijou Area ECP”) water quality treatment system.
The Tahoe Regional Planning Agency (the “TRPA”) issues a Best Management Practices (the “BMP”) Certificate of Completion (the “Certificate”) to parcels that install and maintain a system to recover, trap, treat and filter stormwater runoff. The Certificate remains active as long as the BMP is maintained and functioning properly. The TRPA also issues BMP Certificates to any parcel participating in the District that is current in payment of their special taxes.
Fiscal Year 2020/21 Collections & Expenditures
09/30/2020
Balance
Amount
Collected(1)
09/30/2021
Balance
Expended
Amount
Service
Status
$152,348.70 $14,275.64 $159,937.57 $6,686.77 On-going
(1) Represents special tax collections through September 30, 2021 plus additional revenue sources, such as interest received.
82 BIJOU AREA EROSION CONTROL PROJECT
EXHIBIT A
N.T.S
SITE VICINITY MAP
N.T.S
VICINITY MAP
N.T.S
SITE LOCATION MAP
H:\Autocad files\PWC 2005-04\dwg\RFP\Bijou Area ECP Map.dwg, 1/29/2007 10:13:20 AM, ScanSoft PDF Create! 83 MAP ID APN MAPID APN
1 027--020-09-100 3 027-090-11-100
2 027--020-10-100 4 027--090-20-100
LJ
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MAP OF PROPOSED BOUNDARIES OF
CITY OF SOUTH LAKE TAHOE
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)
CITY OF SOUTH LAKE TAHOE
COUNTY OF EL DORADO
STATE OF CALIFORNIA
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0-1 FILED LAKE TAHOE THIS 2014. IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH @9 J.::;J r# CITY CLERK OE rriBfB Q . DAY OF ITY OF SOUTH LAKE TAH IA ITY OF SOUTH LAKE DORADO COUNTY, CALIFORN OW1NG THE PROPOSED EL DORADO, STATE OF CAL O ON THE ___ DAY OF__ · \h-n-0 f'l'A V;J
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FILED THIS __ DAY OF __ , 2014, AT THE HOUR OF __ O'CLOCK_M, IN BOOK __ OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF EL DORADO, STATE OF CALIFORNIA.
COUNTY RECORDER
COUNTY OF EL DORADO, CALIFORNIA
FOR PARTICULARS OF THE UNESAND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF EL DORADO, STATE OF CALIFORNIA.
Legend
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MAPID
5 6
APN
027-090-22-100 027-101--02-100
MAP ID APN
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8 027-101-17-100
MAPID
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027-09().23-100 13 027-101-24-100
027-09().25-100 14 027-101-27-100 027-101-03-100 15 027-101-28-100 027-101-05-100 16 027·35Q.01-100 027-101-14-100 17 027-35Q.06-100
027-101-22-100 18 027-35().15-1 00
MAP OF FUTURE ANNEXATION AREA OF
CITY OF SOUTH LAKE TAHOE
COMMUNITY FACILITIES DISTRICT NO. 2014-1
(BIJOU AREA ECP)
MAP ID APN
19 027-350-16-100
20 027-350-2().100
21 027-350-23-100
22 027-350-24-100
23 027-370-02-100 24 027-371-02-100
CITY OF SOUTH LAKE TAHOE
COUNTY OF EL DORADO
STATE OF CALIFORNIA
MAPID APN
25 027-371-03-100 26 027-371-1().100 27 027-371-11-100
28 027-371-12-100
29 027-371-13-100
30 027-371-14-100
MAP ID APN
31 027-371-15-100
32 027-431-31-100 33 027-621-02-100
ShHt1of1
FlLED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SOUTH LAKE TAHOE THIS __ DAY 2014.
CITY CLERK CITY OF SOUTH LAKE TAHOE
El DORADO COUNTY, CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF THE FUTURE ANNEXATION AREA OF THE CITY OF SOUTH LAKE TAHOE COMMUNITY FAC1LIT1ES DISTRICT NO. 2014-1 (BIJOU AREA ECP), CITY OF SOUTH LAKE TAHOE, COUNTY OF EL DORADO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH LAKE TAHOE, AT A MEETING THEREOF, HELD ON THE DAY 2014, BY 1TS RESOLUTION NO. -
CITY CLERK
CITY OF SOUTH LAKE TAHOE
EL DORADO COUNTY, CALIFORNIA
FILED THIS __ DAY OF __ , 2014, AT THE HOUR OF __ O'CLOCK _M, IN BOOK __ OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF El DORADO, STATE OF CALIFORNIA.
COUNTY RECORDER COUNTY OF El DORADO, CALIFORNIA
FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR, COUNTY OF El DORADO, STATE OF CALIFORNIA.
0.015 0.03 0.06 0.09
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85 Council Agenda Report January 18, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Purchase Authorization – Information Technology Secure Backup, Data Protection and Cybersecurity Enhancement Device for Police Department Location: Citywide
Responsible Staff Member: Sebastian Knapp, IT Supervisor (530) 542-6067 and Olga Tikhomirova, Director of Finance (530) 542-7431
Background: The City’s Information Technology division maintains a data storage and backup environment designed to minimize risk to the Police Department's data loss due to system corruption, user error and catastrophic system or data center failure.
Current systems in place to provide backup services have been in operation since 2016 and have consistently provided a critical level of protection. They however are end-of-life, and do not provide robust ransomware protection.
To meet the FBI’s Criminal Justice Information Services (CJIS) compliance, data related to criminal justice must be stored in a police station or other location under the control of law enforcement. Because of this, the current Rubrik appliance owned by the City cannot be used to protect the Police Department’s data. The purchase of an additional Rubrik appliance provides ransomware protection for criminal justice data and replaces end-oflife data backup equipment. In addition, if another location is annexed by the police department, the appliance can be used for site-to-site replication, negating the need to purchase an additional data backup device.
Issue and Discussion: The Rubrik R6404S device will provide protection against ransomware and other cyber-attacks by creating “logical air gapped” backups. It functions by adhering to the Zero Trust Implementation Model defined by the National Institute of Standards (NIST). While the Police Department does have modern backup solutions in place that provide data replication, this is no longer sufficient in today’s world of increasingly sophisticated and rapidly evolving ransomware technology. The Rubrik device will allow us to further protect all critical data at the Police Department.
A total of $ $54,991.33 is included in the budget in account # 100-01840-42030 to purchase the Rubrik R6404S device, supportive hardware, setup and configuration, and 3 years of support. We have identified this solution as a best fit for our organization at this time based on commercially available data protection solutions, ease of integration into our current environment, and the fact that other local government agencies have also chosen Rubrik as a solution.
86 Council Agenda Report January 18, 2022 Page 2 of 2
Through research, staff learned that the State of California’s Department of General Services Procurement Division has a California Multiple Award Schedule (CMAS) Number 3-20-70-3296E with the distributor Cadence Team, Inc. This type of cooperative purchasing meets formal bid requirements per the City Code §3.45.090 Cooperative Purchasing that states the following:
Where another governmental agency performs a solicitation and/or bid process for the city and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies and equipment is based on an agreement or cooperative purchasing program pursuant to authority granted by statute or ordinance, pursuant to contractual arrangement between the city and said governmental agency, or pursuant to a determination by the city manager that the governmental agency conducted a competitive bidding process, the city may purchase materials, supplies and equipment based upon the governmental agency’s solicitation and/or bid process without complying with the bidding requirements of this chapter. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-8).
Cadences Team Inc, provided the Rubrik appliance purchase quote (attachment 4) that is consistent with CMAS pricing.
Financial Implications: Funding for this purchase in the amount of $54,991.33 per the attached quote is available in the current year’s 2021/22 General Fund budget in account 100-01840-42030.
Environmental Considerations: The recommendation in this report is not a project under CEQA, because it does not involve any commitment which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Sections 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).
Policy Implications: This authorization is in accordance with Purchasing City Code chapter 3.45, sections 090 Cooperative Purchasing and 120 Formal Competitive Bidding. 87 Resolution 2022-XXX January 18, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
January 18, 2022
Authorizing the Purchase of Information Technology Secure Backup, Data Protection and Cybersecurity Enhancement Device for Police Department
BACKGROUND
A. The City of South Lake Tahoe Information Technology division maintains a data storage and backup environment designed to minimize risk to the Police Department’s data, due to system corruption, user error, and catastrophic system or data center failure.
B. Current systems in place to provide backup services have been in operation since 2016 and have consistently provided a critical level of protection. However, the current system does not have robust protection against ransomware attacks.
C. To meet the FBI’s Criminal Justice Information Services (CJIS) compliance, data related to criminal justice must be stored in a police station or other location under the control of law enforcement. Because of this, the current Rubrik appliance owned by the City cannot be used to protect the Police Department’s data. The purchase of an additional Rubrik appliance provides ransomware protection for the Police Department’s data and replaces end-of-life data backup equipment. In addition, if another location is annexed by the police department, the Rubrik appliance can used for site-to-site replication, negating the need to purchase an additional data backup device.
D. Product from Rubrik has been selected as a best fit and value for the Police Department.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
1. Approves the Information Technology Secure Backup, Data Protection and Cybersecurity Enhancement Rubrik Device purchase in the total amount not to exceed $54,991.33 using the available budget in account 100-01840-42030.
2. Authorizes the Director of Finance to execute the purchase contract with Cadence Team, Inc. for the purchase, installation, and 3 years of support of Rubrik R6404S device.
Adopted by the City of South Lake Tahoe City Council on January 18th, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
88 Resolution 2022-XXX January 18, 2022 Page 2 of 2
_____________________________ Date:____________
Devin Middlebrook, Mayor
Attest:
____________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
89 Cadence Team, Inc Phone: 844.934.8326
Remittance Address: Fax: 844.923.5878
733 Sherwood Dr. www.cadence.team
Yuba City, CA 95991
Company: City of South Lake Tahoe Date: 12/21/2021 Expiration: 1/31/2022 Attn: Gabe Raab Shipping Method: NA Sales Rep: Jeremy_Caudill Project: Rubrik for PD Est. Delivery: TBD Direct: 916.710.8264 Contract #: 3-20-70-3296E Terms: NET30 Email: [email protected] Part Number Description Qty. List Price Unit Price Extended Tx Disc % Rubrik
RBK-R6404S-HW-01 R6404S APPL 4NODE 48TB RAW PERPPERP 1 $18,761.00) $15,008.80 $15,008.80 T 20% Term 36 Months RUBRIK COMPLETE EDITION LICS FOR
R6404 INCL RCDM PO
1 $32,004.00) $24,003.00 $24,003.00 T 25%
BASIC SUP FOR HW PREPAY SVCS M-F 8AM-8PM SUP 1 $5,066.00) $5,066.00 $5,066.00 N 0%
PROFESSIONAL SERVICES SVCS INSTALLATION &
CONFIGURATION OF UP
1 $7,500.00 $7,500.00 $7,500.00 N 0%
J9285D HPE 10G SPF+ to SFP+ 7m DAC Cable 4 $205.00) $0.00 $0.00 N 100% Sub Total: $39,011.80
Non Taxable: $12,566.00
Tax: $3,413.53
Credit: $0.00
Freight: $0.00
Total: $54,991.33
Tax Rate: 8.750%
Terms and Conditions
Warranty: NA
Maintenance: NA
Terms: No Returns
Equipment: All orders invoice upon receipt of purchase order Customer Signature authorizes Cadence Team to process the order in place of a purchase order. Prices are subject to change without notice in the event the products manufacturer/publisher raises the price to Cadence Team.
Customer Signature:
Print:
Title:
Date:
90 91
92 93
94 95
96 97
98 99
100
101
102
103
104
105
106
107
108
109
110
Council Agenda Report January 18, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Citizen Appointments to Commissions and Boards
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Background: The City of South Lake Tahoe Commissions and Boards consists of: Airport Land Use Commission; Arts, Culture, and Tourism Commission (ACTC); Building Board of Appeals (BBOA); Parks and Recreation Commission; Planning Commission; and Police Advisory Commission (PAC).
Consistent with Resolution 2021-061, in October 2021, the City Clerk began soliciting applications for citizen appointments to Commissions and Boards for terms expiring in February 2022 (attachment 02-Local Appointments List). Solicitations for applications to fill vacancies on the Building Board of Appeals and Parks & Recreation Commission (limited term 2/2023) were also advertised.
All Commissioners and Board Members with expiring terms were contacted by the City Clerk and encouraged to reapply. Commissioners who were appointed in August (PAC) and October (ACTC) 2021, had their applications resubmitted by the City Clerk.
Issue and Discussion: Four applications were received for two positions and one non-voting representative to the Arts Culture, and Tourism Commission. (2-year term) o Tony Lyle (non-voting representative) (appointed 10/19/2021) o Brian Yerian (appointed 10/19/2021)
o Scott Forest (appointed 10/19/2021)
o Courtney Schmidt
One application was received for two-four vacancies to the Building Board of Appeals. (2-year term) o Frank Sylvester
Five applications were received for two positions to the Police Advisory Commission. (2-year term) o Claudia Anderson (appointed 08/03/2021)
o Justin Zunino (appointed 08/03/2021)
o Michele Gigante
o Laura Templin
o Chelcee Thomas
Two applications were received for two positions to the Planning Commission. (2-year term) o Gavin Fieger
o Keith Roberts
111
Council Agenda Report January 18, 2022 Page 2 of 2
Five applications were received for three positions and one limited term vacancy to the Parks and Recreation Commission. An additional application was received after the deadline to apply and may be considered at the discretion of Council.
o Jerry Bindel
o David Gregorich
o Marissa Dondo
o Aricela Ramos
o Keith Roberts
o Late Submittal – Margie Kovarik-Maxhimer
Financial Implications: Costs associated with staff support of the individual commissions/boards have been budgeted for within the department who oversees the commission.
Environmental Considerations: None.
Policy Implications: The solicitation and appointment of citizens to various boards and commissions meets the requirements set forth in Resolution 2021-061 and conforms to City Council Protocols.
112
Revised 12/03/2021
LOCAL APPOINTMENTS LIST
Government Code 54972 (Maddy Act)
AIRPORT LAND USE COMMISSION (2 Year Term)
Meets as needed to review compatibility of land use plans and regulations around the airport.
Name Date Appointed Term Expires
Nicholas Speal 2/2/2021 2/2023
Stacey Ballard 3/16/2021 2/2023
BUILDING BOARD OF APPEALS (2 Year Term)
Meets as needed to hear appeals of Building Official determinations & monitor City building use, maintenance & construction requirements.
Name Date Appointed Term Expires
Keith Roberts 3/16/2021 2/2023
Vacant
Vacant
INDEPENDENT CITIZENS’ OVERSIGHT COMMITTEE (MEASURE P) (4 Year Term) Meets as needed to provide direction to City Council & Staff regarding the use & accounting of Measure P funds.
Name Date Appointed Term Expires
Jerry Bindel 2/19/2019 2/2023
David Gregorich 2/19/2019 2/2023
Judith Wood 2/19/2019 2/2023
Marissa Fox 2/19/2019 2/2023
Christina Wilson 2/19/2019 2/2023
PARKS & RECREATION COMMISSION (Alternating 2 Year Terms) Meets quarterly to advise City Council on policies and projects relating to city parks and recreation.
Name Date Appointed Term Expires
Jerry Bindel 2/2/2021 2/2022
David Gregorich 2/2/2021 2/2022
Peter Fink 2/2/2021 2/2022
David Hamilton 2/2/2021 2/2023 (vacancy as of 1/2022)
Greg Bergner 2/2/2021 2/2023
Kira Smith 2/2/2021 2/2023
Dan Thrift 2/2/2021 2/2023
PLANNING COMMISSION (Alternating 2 Year Terms)
Meets monthly to assist in matters relating to the City’s general plan, serve as Delinquent Refuse Hearing Board & perform duties set forth in Article 7 of the Government code.
Name Date Appointed Term Expires
Mason Hibbard 2/2/2021 2/2022
Gavin Feiger 2/2/2021 2/2022
Douglas Williams 2/2/2021 2/2023
Kili Rahbek 2/2/2021 2/2023
Natalia Wieczorek 2/2/2021 2/2023
113
Revised 12/03/2021
Arts, Culture and Tourism Commission (Alternating 2 Year Terms) Meets quarterly to advise City Council on policies and projects relating to Arts, Culture and Tourism.
Name Date Appointed Term Expires
Scott Forrest 10/19/2021 2/2022
Bryan Yerian 10/19/2021 2/2022
Stacey Ballard 10/19/2021 2/2023
Eleanor Brennan 10/19/2021 2/2023
David Hamilton 10/19/2021 2/2023
Tony Lyle 10/19/2021 2/2022 (non-voting representative) Police Advisory Commission (Alternating 2 Year Terms)
Meets quarterly to advise, assist and collaborate on police/community issues.
Name Date Appointed Term Expires
Ayana Morali 8/3/2021 2/2023
Erika Gonzalez 8/3/2021 2/2023
Tom Davis 8/3/2021 2/2023
Claudia Anderson 8/3/2021 2/2022
Justin Zunino 8/3/2021 2/2022
Council Commissions with citizen representation
EL DORADO COUNTY COMMUNITY ACTION COUNCIL - Council Commission with citizen representative Name Date Appointed Term Expires
Brian Conway 03/16/2021 Appointment considered annually EL DORADO COUNTY COMMISSION ON AGING - Council Commission with citizen representative Name Date Appointed Term Expires
Barbara Kaufman 12/15/2020 Appointment considered annually TRPA ADVISORY PLANNING COMMISSION – Council Commission with citizen representative Name Date Appointed Term Expires (2 Year Term)
Susan Chandler 12/15/2020 2/2023
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From: Susan Blankenship
Bcc:
Subject: Arts, Culture and Tourism Commission
Date: Thursday, October 21, 2021 8:07:22 AM
Attachments: image001.png
Congratulations on your appointment to the City’s Arts, Culture and Tourism Commission! The City Council made the following appointments:
Scott Forrest (1 year term, expiring 2/2022) (I know this is coming up soon, I will keep your application for the next appointment of a 2-year term)
Bryan Yerian (1 year term, expiring 2/2022) (I know this is coming up soon, I will keep your application for the next appointment of a 2-year term)
Stacey Ballard (2 year term, expiring 2/2023 )
Eleanor Brennan (2 year term, expiring 2/2023)
David Hamilton (2 year term, expiring 2/2023)
You will be contacted within the next few weeks to schedule the first meeting of the ACTC. During the first meeting, you will be administered an Oath of Office and select a Chair and Vice-Chair, followed by an introduction and next steps by City staff. City staff assigned as liaison to this commission is Sheree Juarez, Projects & Communications Specialist. They may be reached at [email protected] or (530) 542-7950.
Have a fabulous day!
Sincerely,
Susan Blankenship, CMC
City Clerk
City of South Lake Tahoe, CA
o/(530) 542-6005
c/(530) 318-1461
f/(530) 542-7411
[email protected]
http://www.cityofslt.us
Please note that email correspondence with the City of South Lake Tahoe, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. 146
147
Sincerely,
Susan Blankenship, CMC
City Clerk
City of South Lake Tahoe, CA
o/(530) 542-6005
c/(530) 318-1461
f/(530) 542-7411
[email protected]
http://www.cityofslt.us
Please note that email correspondence with the City of South Lake Tahoe, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. 148
149
City Council Agenda Report January 18, 2022 Page 1 of 4 City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: An Ordinance Amending Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code to Establish Requirements for Movable Tiny Homes (First Reading)
Location: Citywide
Responsible Staff Member: Hilary Roverud, Director of Development Services (530) 542-6024
Background: At the June 15, 2021 City Council meeting, City Council requested that staff bring back a discussion regarding the potential to allow mobile tiny homes to remain on wheels and not require a permanent foundation.
On August 12, 2021 the Planning Commission conducted a public hearing and discussion on the potential to allow mobile tiny homes as residential units. Discussion topics and recommendations were then presented to the City Council on October 19, 2021 for further public input and discussion. The City Council directed staff to draft an ordinance to allow movable tiny homes as residential structures, subject to specified criteria for installation and design.
On December 16, 2021 the Planning Commission held a public hearing and considered a recommendation to City Council on adoption of an ordinance presented by staff. The Planning Commission received public input and deliberated on the ordinance then adopted the attached Resolution 2021-16, by 4-1 vote, recommending adoption with the following modifications:
a. Make amendments to prohibit movable tiny houses from being used as multifamily housing, b. Section 6.85.060.D.12.b - Specify that skirting must be “solid and fixed at all times,”
c. Section 6.85.060.D.18 – Specify that structures associated with the movable tiny house shall “be designed to be detached from the movable tiny house at all times.”
The commissioner voting no on the resolution did not agree with the recommendation to prohibit movable tiny homes from being used as multi-family housing.
Issue and Discussion: The ordinance presented to the Planning Commission would allow movable tiny homes to be installed as accessory dwelling units, single-family residences, and multi-family residences subject to the requirements applicable to the 150
City Council Agenda Report January 18, 2022 Page 2 of 4 proposed residential use (i.e. setbacks, parking, maximum number, height, etc.) and the requirements included in the proposed ordinance. The ordinance also includes corresponding changes to City Code Sections 6.85.030.A.2.p and 6.85.050.F.4 (regarding permanent foundations and accessory dwelling units) which are needed to create internal consistency within the City Code. Requirements specific to movable tiny homes include criteria for utility connections, mechanical equipment screening, exterior design, fire safety, snow loads, and installation. A single-family residential or accessory dwelling unit permit would be required for installation of a movable tiny house which is subject to a ministerial review process. Movable tiny homes proposed for multi-family installation would be subject to the adopted objective residential design and development standards where projects meeting architectural standards are reviewed ministerially and others are reviewed by the Planning Commission in a discretionary process. Separate permitting by the Tahoe Regional Planning Agency is also required.
Public input provided at the Planning Commission hearing was in support of adopting the ordinance. The main topic of discussion among the Planning Commissioners centered on allowing movable tiny homes to be used in multi-family applications. The staff recommendation to allow them in multi-family projects is based on public feedback and City Council direction at the October 19, 2021 meeting on the need to provide more housing options and the need to allow easier and less expensive development of small housing units by not requiring a foundation for tiny homes.
Planning Commissioners expressed the following concerns with movable tiny homes as multi-family units:
- Allowing them in multi-family projects doesn’t add allowable density as it does with ADUs.
- Distinction between tiny homes as multi-family units and Special Occupancy Park regulations by the state.
- Skirting around building code requirements with fewer construction standard requirements.
- Durability of movable tiny homes in multi-family projects. - Loss of property tax where movable tiny homes are used. - Concern with electricity infrastructure requirements for the potential number of new units.
- Concern with allowing movable tiny homes where zoning allows multi-family instead of only where zoning allows mobile homes.
The Planning Commission considered the potential to allow movable tiny homes as multi-family units on case-by-case basis with Planning Commission discretionary review and/or requiring a portion of multi-family projects to be stick built. However, motions to recommend these modifications were not presented.
The Planning Commission recommendation also includes minor text changes in requirements for skirting and structures constructed in association with a movable tiny home.
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City Council Agenda Report January 18, 2022 Page 3 of 4 A draft ordinance reflecting the Planning Commission recommendation excluding use for multi-family projects is attached for consideration along with a draft ordinance that includes Planning Commission recommendations on minor text changes without removing multi-family projects from the potential use of movable tiny homes.
Financial Implications: A resolution amending the Master Fee Schedule to include permit application fees for movable tiny homes will be presented to the City Council prior to ordinance effective date. Movable tiny homes registered with the DMV as Park Model RVs are not considered to be real estate subject to property value assessment and property taxes.
Environmental Considerations: The proposed ordinance allows for the use of movable tiny homes as residences however it does not change the intensity or density of allowable residential uses beyond what is currently allowed on a permanent foundation. The proposed ordinance is consistent with the 2030 General Plan, directly implements several of the General Plan policies and is consistent with the 2014-2022 Housing Element, which is an integral part of the General Plan. The 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance. The General Plan EIR is available on the City website at:
https://www.cityofslt.us/575/General-Plan. Based on the analysis and findings contained in the attached Environmental Determination, it is recommended that the City Council find that no further environmental analysis is required under CEQA Guidelines section 15162 because the proposed ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects and no new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.
Policy Implications: Applicable adopted General Plan policies include:
Policy LU‐3.1: Complete Neighborhoods
The City shall promote complete and distinct neighborhoods that promote walking to services, biking, and transit use; foster community pride; enhance neighborhood identity; ensure public safety; and are family‐friendly.
Policy LU‐3.3: Diverse Housing Choices
The City shall promote a wide range of housing opportunities, both ownership and rental, for all income levels.
Policy LU‐3.5: Clean and Quiet Neighborhoods
The City shall coordinate efforts with homeowner associations and other neighborhood groups and schools, to develop strategies to ensure clean and quiet and safe residential neighborhoods. These strategies should include neighborhood beautification programs. 152
City Council Agenda Report January 18, 2022 Page 4 of 4 Policy LU‐3.6: Residential Variety in Existing Neighborhoods The City shall encourage development of a variety of new housing types that provide housing choices for consumers in terms of types of units, location, unit sizes, costs, design, amount of privacy, and neighborhood environment, while preserving existing neighborhood character.
Policy LU‐8.6: Existing Neighborhood Character Protection The City shall require that new development and improvements in existing residential neighborhoods are consistent with the neighborhoods historic land use patterns, distinct style, and architectural identity.
Policy LU‐8.7: Scenic Quality of New Projects
The City shall ensure that new projects improve, enhance, and protect the scenic quality of South Lake Tahoe’s built and natural environments Policy HE 2-3: The City shall encourage a range of housing options so that people who work in South Lake Tahoe can choose to live in the city.
Policy HE 2-6: The City shall ensure that deed-restricted affordable housing is created using attractive, long-lasting, low-maintenance materials.
Policy HE 7-2: The City shall encourage compatibility of physical design, building structure, and lot layout relationships between existing and new construction to help the new developments complement the surrounding neighborhoods.
Policy HE 7-5: To create a balanced community, the City shall promote mixed-income neighborhoods by encouraging innovative design (e.g., second units, co-housing, halfplexes, zipper lots, zero-lot lines, alley-loaded parking, six pack subdivisions, live-work units).
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Resolution 2021-16
Adopted by the City of South Lake Tahoe
Planning Commission
December 16, 2021
RECOMMENDING THE CITY OF SOUTH LAKE TAHOE CITY COUNCIL
AMEND CITY CODE SECTIONS 6.85.030.A.2.P AND 6.85.050.F.4, AND ADOPT AN ORDINANCE CREATING CITY CODE SECTION 6.85.060 TO
ESTABLISH REQUIREMENTS FOR MOVABLE TINY HOMES
BACKGROUND
A. On September 7, 2021 , the Planning Commission conducted a public meeting to solicit public comment and discuss the potential to use movable tiny homes as a housing option.
B. On October 19, 2021, the City Council conducted a public meeting to solicit public comment on and discuss the potential to use movable tiny homes as a housing option.
C. On December 16, 2021 the Planning Commission conducted a public hearing to consider amendments to the City Code that would allow for the use of movable tiny homes as housing and establish applicable criteria.
D. The City of South Lake Tahoe Planning Commission has reviewed and considered the ordinance and environmental analysis at a duly noticed public hearing.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT
RESOLVED, that the City of South Lake Tahoe Planning Commission:
1. Does hereby recommend that the City Council find that the 2030 General Plan EIR adequately addresses the potential
environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act (CEQA), and Guidelines under CEQA section 15162 because the proposed Ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the Resolution 2021-16
154
previous EIR due to new significant environmental effects and no new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.
2. Does hereby recommend that the City of South Lake Tahoe City Council amend City Code Sections 6.85.030.A.2.p and
6.85.050.F.4, and adopt the ordinance creating City Code Section
6.85.060 to establish requirements for movable tiny homes (Exhibit A) with the following revisions:
a. Make amendments to prohibit movable tiny houses from being used as multi-family housing,
b. Section 6.85.060.D.12.b - Specify that skirting must be "solid and fixed at all times,"
c. Section 6.85.060.D.18- Specify that structures associated with the movable tiny house shall "be designed to be
detached from the movable tiny house at all times."
Adopted by the City of South Lake Tahoe Planning Commission on December 16, 2021 by the following vote:
Yes: Hibbard, Rahbeck, Wieczorek and Williams
No: Feiger
;ffa0111/ibbara
Mason Hibbard (Dec 29, 202115:10 PST)
Mason Hibbard, Chair
Attest:
~
Sue Blankenship, City Clerk
Dec 29, 2021
Date:
----
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe Planning Commission.
Resolution 2021-1 6
155
Exhibit A
SECTION 1. Section 6.85.030.A.2.p (Permanent Foundations) is hereby amended to read as follows:
Permanent Foundations. A manufactured home, tiny home, factory built home or similar dwelling unit designed for occupancy as a permanent dwelling shall be allowed as a dwelling on those parcels where single-family dwellings are permitted in compliance with the requirements of the applicable zoning district, and subject to the same development standards to which a conventional single-family residential dwelling on the same lot would be subject to. Mobile homes shall be allowed as a dwelling in compliance with the requirements of the applicable plan area statement. The following standards apply to both types of homes:
i. Permanent Foundation. Except when located in a mobile home park, or approved as a movable tiny house (Section 6.85.060), a dwelling unit shall be placed on a permanent foundation system and shall be subject to the same provisions, regulations and restrictions as a conventionally constructed singlefamily residence. ii. Prior-to-Installation Requirements. Prior to installation of a manufactured home on a designated foundation system, the owner or a licensed contractor shall obtain a building permit. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 1855l(a) of the Health and Safety Code, as may be amended from time to time.
SECTION 2. Section 6.85.050.F.4 (Permanent Foundations) is hereby amended to read as follows:
Permanent Foundations.
a. All accessory dwelling units shall be permanently attached to a permanent foundation as described in SLTCC 6.85.030(A)(2)(p) unless approved as a movable tiny house (Section 6.85.060).
b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit. Movable tiny houses (as defined in Section 6.85.060) may be used as accessory dwelling units subject to the requirements of Section 6.85.060.
SECTION 3. Section 6.85.060 (Park Model Recreational Vehicle Tiny Homes: Use as Dwelling) is added to Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code as follows:
6.85.060 - Park Model Recreational Vehicle Tiny Homes: Use as Dwelling Resolution 2021-16
156
A. "Moveable tiny house" means a Park Model Recreational Vehicle functioning as a separate, independent dwelling unit that is no larger than 400 square feet ( excluding lofts) providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation; is mounted on a wheeled trailer chassis; and is titled and registered to tow with the California Department of Motor Vehicles.
B. "Park Model Recreational Vehicle" means a towable recreational vehicle designed to provide temporary living quarters for recreational, seasonal, camping or travel use. Park Model Recreational Vehicle are built on a single trailer chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet. A Park Model Recreational Vehicle shall be considered a moveable tiny house for the purpose of Section 6.85.060 ifit otherwise satisfies all requirements of this Section.
C. Movable tiny houses shall not be used as vacation home rentals or hosted rentals.
D. Development Standards. Moveable tiny houses shall conform with the requirements for a new detached accessory dwelling unit, a new primary singlefamily residence, or a new multi-family residential development, as applied to the proposed use and Plan Area Statement, Community Plan or Area Plan in which the site of the proposed moveable tiny house is located, except as modified by this subsection.
l. Number. Movable tiny houses are limited to the following number per parcel:
a. Single-family residence: l per parcel.
b. Accessory Dwelling Unit: 1 per parcel.
c. Multi-family residences: Maximum density allowed by applicable Plan Area Statement, Community Plan or Area Plan.
2. Maintenance. The property shall be maintained as set forth in the International Property Maintenance Code as adopted by reference in Section 6.15.01 O(K).
3. Location. The moveable tiny house shall be located in conformance with setback requirements of a single-family, multi-family or accessory dwelling unit as applicable. In addition, movable tiny houses shall maintain a IO-foot setback from other structures on the parcel.
4. Size. The maximum square footage or habitable floor space for a moveable tiny house shall be 400 square feet, as measured by exterior wall dimensions (lofts shall not be counted toward the maximum square footage). The moveable tiny house shall have at least l 00 square feet of first floor interior living space.
5. Design. The design of a tiny house shall resemble the general appearance, exterior materials and features of a traditional home including pitched roof, eaves, and residential windows. Exterior materials shall not include aluminum or fiberglass, typical of a recreational vehicle.
6. Living area Extensions. The roof and all exterior walls shall not be fixed with slide-outs, tip-outs or other forms of room area extensions.
7. Energy Efficiency. Applications submitted for tiny houses shall include documentation that the tiny house has been constructed to exceed ANSI energy and insulation standards by including insulation with values of R13 for the walls and Rl 9 for the floor and ceiling.
Resolution 2021-16
157
8. Parking Spaces. Moveable tiny houses shall comply with parking requirements for single-family residences, multi-family residences, or accessory dwelling units as applicable to the proposed use.
9. Replacement Parking. Where a moveable tiny house occupies a required parking space, a replacement parking space is required. A replacement parking space may be located in any configuration on the same lot as the moveable tiny house, in compliance with Chapter 6.85.
10. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the structure, screened from view from public right of way, and shall not be located on the roof.
11. Utility Connections and Requirements. A movable tiny house shall be connected to water supply and sewage disposal facilities approved by the County's Environmental Health Department, utility provider and City Building Division. Utility connection features may require protective bollards at the discretion of the Building Official.
12. Foundation Requirements. Once sited, moveable tiny houses shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all wheels and leveling/support jacks shall sit on a paved surface sufficient to support its weight. Plans for pad construction shall include certification from a California registered engineer that the pad design is sufficient to support the weight of the movable tiny house.
b. The undercarriage including wheels, axles, tongue and hitch shall be concealed from view by skirting and other necessary physical screening. c. The movable tiny house shall be tied down with anchors or otherwise stabilized as designed by the manufacturer.
13. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section R3 l O of the California Building Code for emergency escape and rescue openings.
14. Defensible Space. Installation of a moveable tiny house requires approval of a defensible space plan and inspection by the Fire Department.
15.Movable tiny houses shall be constructed with ignition-resistant materials and glazed openings in compliance with Section R337 of the California Residential Code.
16. Movable Tiny houses shall be constructed to withstand minimum snow and wind loads for the proposed location as described in Section 6.15.160.
Certification from the manufacturer or a California registered engineer is required.
17. Movable tiny houses shall be designed to address snow shed impact areas as described in section 6.15.160.0.
18. Structures such as porches, decks and other associated structures associated with the movable tiny house shall be designed to detach from the movable tiny house and shall meet the requirements of the California Building Code.
E. A building permit shall be obtained for installation of a subpanel appropriately sized for the movable tiny house's amperage, electrical pedestal, and approved exterior outlets in the location the movable tiny house will be installed, unless Resolution 2021-16
158
otherwise designed to be self-contained to provide equal electrical accommodations ( e.g. fully relying on solar power and battery backup). Separate electric meters may be permitted if approved by the Building Official and utility provider. Protective bollards may be required at the discretion of the Building Official. Movable tiny houses relying on a generator for permanent power are prohibited.
F. Addresses. Moveable tiny houses shall include separate addressing posted in compliance with SLTCC 6.15 .160 J. Building Address.
G. Access roads shall meet state and local fire code standards as determined by the City Fire Department.
H. Permit Required. A movable tiny house shall be approved through an accessory dwelling unit, single-family residence, or multi-family residence permit as applicable to the proposed use. In addition to applicable requirements associated with those permits the following additional information is required for a movable tiny house.
1. Proof that the proposed moveable tiny house is licensed and registered with the California Department of Motor Vehicles;
2. Proof that the proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI, 119.2 or 119.5 requirements or comparable standards;
3. Proof that the applicant is the property owner, or has sufficient written permission from the property owner, of the intended location of the proposed moveable tiny house;
4. Proof of Tahoe Regional Planning Agency approval;
5. Plans and supporting documents as required by Development Services Department submittal checklist to demonstrate compliance with this Section;
6. Prior to the issuance of building permits, a covenant agreement shall be recorded which discloses the status as a permitted movable tiny house and agreeing that the property will be owner-occupied and not utilized as a vacation home rental or hosted rental. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for inspections for compliance with the agreement and to verify continued compliance with requirements of this section and state health and safety codes.
7. Movable Tiny House Replacement. Replacement or installation of a new movable tiny house shall require approval of a new permit. No more than one permit for a movable tiny house or houses on one parcel shall be issued within one year.
Resolution 2021-16
159
Resolution 2021-16 Movable Tiny Home
Ordinance
Final Audit Report 2021 -12-29
Created: 2021-12-1 7
By: jo Mcdonough Umcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAWSW9pb_uoCo7D6RXM4XY91 QdiSJLtvxt "Resolution 2021-16 Movable Tiny Home Ordinance" History ~ Document created by jo Mcdonough [email protected]) 2021 -12-17 - 9:19:54 PM GMT- IP address: 128.92.136.146 q Document emailed to Sue Blankenship ([email protected]) for signature 2021-12-17 - 9:20:50 PM GMT
~ Email viewed by Sue Blankenship ([email protected]) 2021-12-17 - 9:22:35 PM GMT- IP address: 128.92.136.146 0"8 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2021-12-17- 9:22:52 PM GMT - Time Source: server- IP address: 128.92.136.1 46 q Document emailed to Mason Hibbard ([email protected]) for signature 2021 -12-17- 9:22:54 PM GMT
~ Email viewed by Mason Hibbard ([email protected]) 2021 -12-29 - 11 :05:00 PM GMT- IP address: 166.216.158.78 ~ Document e-signed by Mason Hibbard (mhibbard@cityofslt. us) Signature Date: 2021-12-29 - 11 :10:22 PM GMT - Time Source: server- IP address: 166.216.158.78 0 Agreement completed.
2021-12-29 - 11 :10:22 PM GMT
• Adobe Sign
160
Movable Tiny Home Ordinance – Excludes Multi-family
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
February 1, 2022
Ordinance Amending Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code to Establish Requirements for Movable Tiny Homes
FINDINGS
A. The City General Plan Housing Element (2014) and the South Shore Region Housing Needs and Opportunities Report (2019) identified a general disparity between wages and the cost of housing in South Lake Tahoe.
There is a need for new housing construction, especially housing to serve moderate, low, very low, and extremely low income residents.
B. On March 2, 2021 the City Council adopted Ordinance 2021-1152 amending the City Code to allow for the development of accessory dwelling units on parcels zoned for single family and multi-family land uses.
C. The City has since engaged the public in a discussion on whether to allow movable tiny homes to be installed within the City as single-family, multifamily and accessory dwelling units. The Planning Commission held a public meeting and discussion on August 2, 2021 and the City Council held a public meeting and discussion on October 19, 2021 regarding policy direction on the issue.
D. On December 16, 2021 the City Planning Commission held a public hearing and adopted Resolution 2021-16 recommending adoption of an ordinance that would allow movable tiny homes to be utilized as single-family and accessory dwelling units.
161
Movable Tiny Home Ordinance – Excludes Multi-family
Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:
SECTION 1.
1. That the action taken on this matter and recommendations made after consideration of the whole administrative record are consistent with Government Code Section 65853 et seq.; and
2. That the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act, Statue and Guidelines under CEQA Guidelines section 15162 because the proposed Ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects and no new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.
SECTION 2. Section 6.85.030.A.2.p (Permanent Foundations) is hereby amended to read as follows:
Permanent Foundations. A manufactured home, tiny home, factory built home or similar dwelling unit designed for occupancy as a permanent dwelling shall be allowed as a dwelling on those parcels where single-family dwellings are permitted in compliance with the requirements of the applicable zoning district, and subject to the same development standards to which a conventional singlefamily residential dwelling on the same lot would be subject to. Mobile homes shall be allowed as a dwelling in compliance with the requirements of the applicable plan area statement. The following standards apply to both types of homes:
i. Permanent Foundation. Except when located in a mobile home park, or approved as a movable tiny house (Section 6.85.060), a dwelling unit shall be placed on a permanent foundation system and shall be subject to the same provisions, regulations and restrictions as a conventionally constructed single-family residence.
ii. Prior-to-Installation Requirements. Prior to installation of a manufactured home on a designated foundation system, the owner or a 162
Movable Tiny Home Ordinance – Excludes Multi-family
licensed contractor shall obtain a building permit. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code, as may be amended from time to time.
SECTION 3. Section 6.85.050.F.4 (Permanent Foundations) is hereby amended to read as follows:
Permanent Foundations.
a. All accessory dwelling units shall be permanently attached to a permanent foundation as described in SLTCC 6.85.030(A)(2)(p) unless approved as a movable tiny house (Section 6.85.060).
b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.
Movable tiny houses (as defined in Section 6.85.060) may be used as accessory dwelling units subject to the requirements of Section 6.85.060.
SECTION 4. Section 6.85.060 (Park Model Recreational Vehicle Tiny Homes:
Use as Dwelling) is added to Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code as follows:
6.85.060 – Park Model Recreational Vehicle Tiny Homes: Use as Dwelling A. “Moveable tiny house” means a Park Model Recreational Vehicle functioning as a separate, independent dwelling unit that is no larger than 400 square feet (excluding lofts) providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation; is mounted on a wheeled trailer chassis; and is titled and registered to tow with the California Department of Motor Vehicles.
B. “Park Model Recreational Vehicle” means a towable recreational vehicle designed to provide temporary living quarters for recreational, seasonal, camping or travel use. Park Model Recreational Vehicles are built on a single trailer chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet. A Park Model Recreational Vehicle shall be considered a moveable tiny house for the purpose of Section 6.85.060 if it otherwise satisfies all requirements of this Section.
C. Movable tiny houses shall not be used as vacation home rentals or hosted rentals.
D. Development Standards. Moveable tiny houses shall conform with the requirements for a new detached accessory dwelling unit or a new primary single-family residenceas applied to the proposed use and Plan Area Statement, Community Plan or Area Plan in which the site of the proposed moveable tiny house is located, except as modified by this subsection. 163
Movable Tiny Home Ordinance – Excludes Multi-family
1. Number. Movable tiny houses are limited to the following number per parcel:
a. Single-family residence: 1 per parcel.
b. Accessory Dwelling Unit: 1 per parcel.
2. Maintenance. The property shall be maintained as set forth in the International Property Maintenance Code as adopted by reference in Section 6.15.010(K).
3. Location. The moveable tiny house shall be located in conformance with setback requirements of a single-family or accessory dwelling unit as applicable. In addition, movable tiny houses shall maintain a 10- foot setback from other structures on the parcel.
4. Size. The maximum square footage or habitable floor space for a moveable tiny house shall be 400 square feet, as measured by exterior wall dimensions (lofts shall not be counted toward the maximum square footage). The moveable tiny house shall have at least 100 square feet of first floor interior living space.
5. Design. The design of a tiny house shall resemble the general appearance, exterior materials and features of a traditional home including pitched roof, eaves, and residential windows. Exterior materials shall not include aluminum or fiberglass, typical of a recreational vehicle.
6. Living area Extensions. The roof and all exterior walls shall not be fixed with slide-outs, tip-outs or other forms of room area extensions.
7. Energy Efficiency. Applications submitted for tiny houses shall include documentation that the tiny house has been constructed to exceed ANSI energy and insulation standards by including insulation with values of R13 for the walls and R19 for the floor and ceiling.
8. Parking Spaces. Moveable tiny houses shall comply with parking requirements for single-family residences or accessory dwelling units as applicable to the proposed use.
9. Replacement Parking. Where a moveable tiny house occupies a required parking space, a replacement parking space is required. A replacement parking space may be located in any configuration on the same lot as the moveable tiny house, in compliance with Chapter 6.85.
10. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the structure, screened from view from public right of way, and shall not be located on the roof.
11. Utility Connections and Requirements. A movable tiny house shall be connected to water supply and sewage disposal facilities approved by the County’s Environmental Health Department, utility provider and City Building Division. Utility connection features may require protective bollards at the discretion of the Building Official.
12. Foundation Requirements. Once sited, moveable tiny houses shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all wheels and leveling/support jacks shall sit on a paved surface 164
Movable Tiny Home Ordinance – Excludes Multi-family
sufficient to support its weight. Plans for pad construction shall include certification from a California registered engineer that the pad design is sufficient to support the weight of the movable tiny house.
b. The undercarriage including wheels, axles, tongue and hitch shall be concealed from view by skirting that is solid and fixed at all times and other necessary physical screening.
c. The movable tiny house shall be tied down with anchors or otherwise stabilized as designed by the manufacturer.
13. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section R310 of the California Building Code for emergency escape and rescue openings.
14. Defensible Space. Installation of a moveable tiny house requires approval of a defensible space plan and inspection by the Fire Department.
15.Movable tiny houses shall be constructed with ignition-resistant materials and glazed openings in compliance with Section R337 of the California Residential Code.
16. Movable Tiny houses shall be constructed to withstand minimum snow and wind loads for the proposed location as described in Section
6.15.160. Certification from the manufacturer or a California registered engineer is required.
17. Movable tiny houses shall be designed to address snow shed impact areas as described in section 6.15.160.O.
18. Structures such as porches, decks and other associated structures associated with the movable tiny house shall be designed to be detached from the movable tiny house at all times and shall meet the requirements of the California Building Code.
E. A building permit shall be obtained for installation of a subpanel appropriately sized for the movable tiny house’s amperage, electrical pedestal, and approved exterior outlets in the location the movable tiny house will be installed, unless otherwise designed to be self-contained to provide equal electrical accommodations (e.g. fully relying on solar power and battery backup). Separate electric meters may be permitted if approved by the Building Official and utility provider. Protective bollards may be required at the discretion of the Building Official. Movable tiny houses relying on a generator for permanent power are prohibited.
F. Addresses. Moveable tiny houses shall include separate addressing posted in compliance with SLTCC 6.15.160 J. Building Address.
G. Access roads shall meet state and local fire code standards as determined by the City Fire Department.
H. Permit Required. A movable tiny house shall be approved through an accessory dwelling unit or single-family residence permit as applicable to the proposed use. In addition to applicable requirements associated with those permits, the following additional information is required for a movable tiny house.
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1. Proof that the proposed moveable tiny house is licensed and registered with the California Department of Motor Vehicles;
2. Proof that the proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI, 119.2 or 119.5 requirements or comparable standards;
3. Proof that the applicant is the property owner, or has sufficient written permission from the property owner, of the intended location of the proposed moveable tiny house;
4. Proof of Tahoe Regional Planning Agency approval;
5. Plans and supporting documents as required by Development Services Department submittal checklist to demonstrate compliance with this Section;
6. Prior to the issuance of building permits, a covenant agreement shall be recorded which discloses the status as a permitted movable tiny house and agreeing that the property will be owner-occupied and not utilized as a vacation home rental or hosted rental. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for inspections for compliance with the agreement and to verify continued compliance with requirements of this section and state health and safety codes.
7. Movable Tiny House Replacement. Replacement or installation of a new movable tiny house shall require approval of a new permit. No more than one permit for a movable tiny house or houses on one parcel shall be issued within one year.
Adopted by the City of South Lake Tahoe City Council on February 1, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is true and correct copy as approved by the South Lake Tahoe City Council.
First Reading: January 18, 2022
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Published:
Second Reading:
Effective:
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Movable Tiny Home Ordinance – Allows Multi-family
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
February 1, 2022
Ordinance Amending Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code to Establish Requirements for Movable Tiny Homes
FINDINGS
A. The City General Plan Housing Element (2014) and the South Shore Region Housing Needs and Opportunities Report (2019) identified a general disparity between wages and the cost of housing in South Lake Tahoe.
There is a need for new housing construction, especially housing to serve moderate, low, very low, and extremely low income residents.
B. On March 2, 2021 the City Council adopted Ordinance 2021-1152 amending the City Code to allow for the development of accessory dwelling units on parcels zoned for single family and multi-family land uses.
C. The City has since engaged the public in a discussion on whether to allow movable tiny homes to be installed within the City as single-family, multifamily and accessory dwelling units. The Planning Commission held a public meeting and discussion on August 2, 2021 and the City Council held a public meeting and discussion on October 19, 2021 regarding policy direction on the issue.
D. On December 16, 2021 the City Planning Commission held a public hearing and adopted Resolution 2021-16 recommending adoption of an ordinance that would allow movable tiny homes to be utilized as single-family and accessory dwelling units.
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Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:
SECTION 1.
1. That the action taken on this matter and recommendations made after consideration of the whole administrative record are consistent with Government Code Section 65853 et seq.; and
2. That the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act, Statue and Guidelines under CEQA Guidelines section 15162 because the proposed Ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects and no new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.
SECTION 2. Section 6.85.030.A.2.p (Permanent Foundations) is hereby amended to read as follows:
Permanent Foundations. A manufactured home, tiny home, factory built home or similar dwelling unit designed for occupancy as a permanent dwelling shall be allowed as a dwelling on those parcels where single-family dwellings are permitted in compliance with the requirements of the applicable zoning district, and subject to the same development standards to which a conventional singlefamily residential dwelling on the same lot would be subject to. Mobile homes shall be allowed as a dwelling in compliance with the requirements of the applicable plan area statement. The following standards apply to both types of homes:
i. Permanent Foundation. Except when located in a mobile home park, or approved as a movable tiny house (Section 6.85.060), a dwelling unit shall be placed on a permanent foundation system and shall be subject to the same provisions, regulations and restrictions as a conventionally constructed single-family residence.
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ii. Prior-to-Installation Requirements. Prior to installation of a manufactured home on a designated foundation system, the owner or a licensed contractor shall obtain a building permit. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551(a) of the Health and Safety Code, as may be amended from time to time.
SECTION 3. Section 6.85.050.F.4 (Permanent Foundations) is hereby amended to read as follows:
Permanent Foundations.
a. All accessory dwelling units shall be permanently attached to a permanent foundation as described in SLTCC 6.85.030(A)(2)(p) unless approved as a movable tiny house (Section 6.85.060).
b. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat shall not be used as an accessory dwelling unit.
Movable tiny houses (as defined in Section 6.85.060) may be used as accessory dwelling units subject to the requirements of Section 6.85.060.
SECTION 4. Section 6.85.060 (Park Model Recreational Vehicle Tiny Homes:
Use as Dwelling) is added to Chapter 6.85 (Residential Development and Design Standards) of the South Lake Tahoe City Code as follows:
6.85.060 – Park Model Recreational Vehicle Tiny Homes: Use as Dwelling A. “Moveable tiny house” means a Park Model Recreational Vehicle functioning as a separate, independent dwelling unit that is no larger than 400 square feet (excluding lofts) providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation; is mounted on a wheeled trailer chassis; and is titled and registered to tow with the California Department of Motor Vehicles.
B. “Park Model Recreational Vehicle” means a towable recreational vehicle designed to provide temporary living quarters for recreational, seasonal, camping or travel use. Park Model Recreational Vehicles are built on a single trailer chassis, mounted on wheels and have a gross trailer area not exceeding 400 square feet. A Park Model Recreational Vehicle shall be considered a moveable tiny house for the purpose of Section 6.85.060 if it otherwise satisfies all requirements of this Section.
C. Movable tiny houses shall not be used as vacation home rentals or hosted rentals.
D. Development Standards. Moveable tiny houses shall conform with the requirements for a new detached accessory dwelling unit, a new primary single-family residence, or a new multi-family residential development, as 170
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applied to the proposed use and Plan Area Statement, Community Plan or Area Plan in which the site of the proposed moveable tiny house is located, except as modified by this subsection.
1. Number. Movable tiny houses are limited to the following number per parcel:
a. Single-family residence: 1 per parcel.
b. Accessory Dwelling Unit: 1 per parcel.
c. Multi-family residences: Maximum density allowed by applicable Plan Area Statement, Community Plan or Area Plan.
2. Maintenance. The property shall be maintained as set forth in the International Property Maintenance Code as adopted by reference in Section 6.15.010(K).
3. Location. The moveable tiny house shall be located in conformance with setback requirements of a single-family, multi-family or accessory dwelling unit as applicable. In addition, movable tiny houses shall maintain a 10-foot setback from other structures on the parcel.
4. Size. The maximum square footage or habitable floor space for a moveable tiny house shall be 400 square feet, as measured by exterior wall dimensions (lofts shall not be counted toward the maximum square footage). The moveable tiny house shall have at least 100 square feet of first floor interior living space.
5. Design. The design of a tiny house shall resemble the general appearance, exterior materials and features of a traditional home including pitched roof, eaves, and residential windows. Exterior materials shall not include aluminum or fiberglass, typical of a recreational vehicle.
6. Living area Extensions. The roof and all exterior walls shall not be fixed with slide-outs, tip-outs or other forms of room area extensions.
7. Energy Efficiency. Applications submitted for tiny houses shall include documentation that the tiny house has been constructed to exceed ANSI energy and insulation standards by including insulation with values of R13 for the walls and R19 for the floor and ceiling.
8. Parking Spaces. Moveable tiny houses shall comply with parking requirements for single-family residences, multi-family residences, or accessory dwelling units as applicable to the proposed use.
9. Replacement Parking. Where a moveable tiny house occupies a required parking space, a replacement parking space is required. A replacement parking space may be located in any configuration on the same lot as the moveable tiny house, in compliance with Chapter 6.85.
10. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the structure, screened from view from public right of way, and shall not be located on the roof.
11. Utility Connections and Requirements. A movable tiny house shall be connected to water supply and sewage disposal facilities approved by the County’s Environmental Health Department, utility provider and 171
Movable Tiny Home Ordinance – Allows Multi-family
City Building Division. Utility connection features may require protective bollards at the discretion of the Building Official.
12. Foundation Requirements. Once sited, moveable tiny houses shall meet the following foundation requirements:
a. The moveable tiny house shall not have its wheels removed, and all wheels and leveling/support jacks shall sit on a paved surface sufficient to support its weight. Plans for pad construction shall include certification from a California registered engineer that the pad design is sufficient to support the weight of the movable tiny house.
b. The undercarriage including wheels, axles, tongue and hitch shall be concealed from view by skirting that is solid and fixed at all times and other necessary physical screening.
c. The movable tiny house shall be tied down with anchors or otherwise stabilized as designed by the manufacturer.
13. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section R310 of the California Building Code for emergency escape and rescue openings.
14. Defensible Space. Installation of a moveable tiny house requires approval of a defensible space plan and inspection by the Fire Department.
15.Movable tiny houses shall be constructed with ignition-resistant materials and glazed openings in compliance with Section R337 of the California Residential Code.
16. Movable Tiny houses shall be constructed to withstand minimum snow and wind loads for the proposed location as described in Section
6.15.160. Certification from the manufacturer or a California registered engineer is required.
17. Movable tiny houses shall be designed to address snow shed impact areas as described in section 6.15.160.O.
18. Structures such as porches, decks and other associated structures associated with the movable tiny house shall be designed to be detached from the movable tiny house at all times and shall meet the requirements of the California Building Code.
E. A building permit shall be obtained for installation of a subpanel appropriately sized for the movable tiny house’s amperage, electrical pedestal, and approved exterior outlets in the location the movable tiny house will be installed, unless otherwise designed to be self-contained to provide equal electrical accommodations (e.g. fully relying on solar power and battery backup). Separate electric meters may be permitted if approved by the Building Official and utility provider. Protective bollards may be required at the discretion of the Building Official. Movable tiny houses relying on a generator for permanent power are prohibited.
F. Addresses. Moveable tiny houses shall include separate addressing posted in compliance with SLTCC 6.15.160 J. Building Address. 172
Movable Tiny Home Ordinance – Allows Multi-family
G. Access roads shall meet state and local fire code standards as determined by the City Fire Department.
H. Permit Required. A movable tiny house shall be approved through an accessory dwelling unit, single-family residence, or multi-family residence permit as applicable to the proposed use. In addition to applicable requirements associated with those permits the following additional information is required for a movable tiny house.
1. Proof that the proposed moveable tiny house is licensed and registered with the California Department of Motor Vehicles;
2. Proof that the proposed moveable tiny house has been certified by a qualified third-party inspector as meeting ANSI, 119.2 or 119.5 requirements or comparable standards;
3. Proof that the applicant is the property owner, or has sufficient written permission from the property owner, of the intended location of the proposed moveable tiny house;
4. Proof of Tahoe Regional Planning Agency approval;
5. Plans and supporting documents as required by Development Services Department submittal checklist to demonstrate compliance with this Section;
6. Prior to the issuance of building permits, a covenant agreement shall be recorded which discloses the status as a permitted movable tiny house and agreeing that the property will be owner-occupied and not utilized as a vacation home rental or hosted rental. This agreement shall be recorded in the office of the County Recorder to provide constructive notice to all future owners of the property. The covenant agreement also may contain authorization for inspections for compliance with the agreement and to verify continued compliance with requirements of this section and state health and safety codes.
7. Movable Tiny House Replacement. Replacement or installation of a new movable tiny house shall require approval of a new permit. No more than one permit for a movable tiny house or houses on one parcel shall be issued within one year.
Adopted by the City of South Lake Tahoe City Council on February 1, 2022 by the following vote:
Yes:
No:
Absent:
Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
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Movable Tiny Home Ordinance – Allows Multi-family
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is true and correct copy as approved by the South Lake Tahoe City Council.
First Reading: January 18, 2022
Published:
Second Reading:
Effective:
174
1 December 16, 2021
City of South Lake Tahoe
Movable Tiny Homes Regulations
Environmental Determination
Background
The City of South Lake Tahoe is considering amendments to their Zoning Regulations in Title 6 (Development Services) to add criteria for using a movable tiny home as a single-family, multi-family, or accessory dwelling unit residence. Because this action requires City Council approval, and such approval will amend the City Code, the action is considered a Project under the California Environmental Quality Act. As such, the City is required to make an environmental determination for the project prior to any action on the Project. To make this determination, the following elements are considered here: the project description, applicable CEQA requirements, relevant State Housing Law, the 2030 General Plan, the 2014-2022 Housing Element, and the 2030 General Plan EIR.
Project Description
The proposed Project includes amendments to the City Code that will allow the installation of a movable tiny home as a single-family, multi-family or accessory dwelling unit residence. The amendment would allow for movable tiny homes in the same locations and densities that are currently allowed by City Code for residences on permanent foundations. The proposed Project includes criteria specific to the design and installation of movable tiny homes that are in addition to applicable requirements for the proposed use (i.e. setbacks, parking, height, etc.).
CEQA Requirement
At its base, CEQA requires public agencies to evaluate the potential physical impacts of proposed projects prior to approving the Project and, if necessary, impose feasible mitigation measures to reduce significant Project impacts to a less than significant level. Once a proposed action is determined to be a Project as defined by CEQA, a Lead Agency can make one of four basic determinations: the project is statutorily or categorically exempt; the Project impacts have already been addressed as a part of another project impact analysis; prepare a negative declaration or mitigated negative declaration; or prepare an environmental impact report (for which there are several sub-categories).
If the City determines the proposed Project is part of a larger project (the 2030 General Plan) it must make certain additional determinations. When an EIR has been certified or a negative declaration adopted for a project, in this case the 2030 General Plan EIR, no subsequent EIR or Negative Declaration needs to be prepared for that project unless the lead agency makes one of more of the following determinations:
1. Substantial changes are proposed in the Project which will require major revisions of the previous EIR or negative declaration;
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2. Substantial changes will occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration; or
3. New information of substantial importance shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment.
Analysis
In order to make a determination for the appropriate CEQA analysis for the proposed Project, the City has considered relevant State laws; adopted City plans, policies, programs; and previous CEQA analysis, which are described here.
Relevant State Housing Law
Increasing concern in the last few years about housing supply and affordability in California have resulted in the State legislature passing and the Governor signing a number of new laws aimed at addressing those concerns. The underlying intent of many of the new laws is to make it easier and less costly to develop new housing in California. To this end, the City amended the City Code in March 2021 to include streamlined ministerial permit processes for duplexes, triplexes, and multi-family projects complying with objective design and development standards. In addition, these amendments established procedures and standards to allow the development of accessory dwelling units. State law does not provide specific direction to local governments for allowing movable tiny homes, however, these types of residential units further the opportunity to provide less costly and flexible housing units within the City.
2030 General Plan
While the genesis of the Title 6 City Code Amendments that comprise this proposed Project is in compliance with new State law, it is important to confirm that the Project is consistent with the 2030 General Plan. While the General Plan did not directly contemplate these specific City Code Amendments, there are several policies that broadly address the overarching objective of increasing housing supply and affordability.
Policy LU-3.3: Diverse Housing Choices. The City shall promote a wide range of housing opportunities, both ownership and rental, for all income levels.
Policy LU-3.6: Residential Variety in Existing Neighborhoods. The City shall encourage development of a variety of new housing types that provide housing choices for consumers in terms of types of units, 176
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location, unit sizes, costs, design, amount of privacy, and neighborhood environment, while preserving existing neighborhood character.
Policy LU-8.1: Mountain Architectural Theme. The City shall promote the use of a “mountain” architectural theme in all new and remodeled developments. Mountain architecture features the use of pitched roofs, natural colors, and natural material such as rock and wood. 2014-2022 Housing Element Policies and Programs
As with the 2030 General Plan, it is important to confirm that the Project is consistent with the 2014- 2022 Housing Element. While the Housing Element is formally part of the General Plan, the 2014-2022 Element was prepared separately from (and subsequent to) the 2030 General Plan. Similar to the General Plan, the Housing Element did not directly contemplate the specific City Code Amendments that are subject to this proposed Project, but there are several policies that broadly address the overarching objective of increasing housing supply and affordability.
Policy 1-1. The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.
Policy 2-3. The City shall encourage a range of housing options so that people who work in South Lake Tahoe can choose to live in the city.
Policy 7-1. The City shall continue to promote quality design and appearance of all new multi-family and affordable housing projects so that they blend in with the existing community fabric, add value to the community’s built environment, and strengthen acceptance by the local community. 2030 General Plan Program Environmental Impact Report
The City prepared a Program Environmental Impact Report (EIR) for the 2030 General Plan to assess the potential significant environmental impacts that could result from implementation of the General Plan.
The EIR evaluated the existing environmental resources in the vicinity of the city, analyzed potential impacts on those resources due to the General Plan, and identified mitigation measures that could avoid or reduce the magnitude of those impacts. The EIR has subsequently been used to evaluate the direct and indirect environmental effects of development under the General Plan (i.e., residential development, rezones, commercial structures, park sites, recreation facility development, and infrastructure improvements).
The General Plan assumed increased population growth and housing development for a 20-year period.
The General Plan assumed the 2009 population of the city was 23,896. The actual 2010 population based on the US Census was 21,403. The 2019 population, based on DOF estimates, was 22,197. The 2029 population projection, on which the EIR analysis of growth and development impacts were based was 26,775 (and 1,162 new housing units).
While it would be speculative to estimate the likely increase in housing production based on the proposed City Code Amendments, it is clear that the 2030 General Plan contemplated, and the EIR analyzed an expected level population and housing growth much greater than has actually occurred. In 177
4 December 16, 2021
fact, the 2009 General Plan estimated population of 23,896 is lower than the 2019 population 10 years later. Clearly the City is growing at a slower pace than anticipated in the General Plan and considered in the CEQA analysis. In any event, while it is clear that the amount of new housing development might be approved based on the proposed City Code Amendments will not exceed the amount assumed in the Plan and EIR, the proposed Project must still be determined to be consistent with the General Plan and its impacts adequately addressed in the EIR.
The 2030 General Plan EIR analyzed potential environmental impacts of General Plan implementation.
That analysis included an evaluation of the impacts of implementing the policies and programs related to, among other subjects, land use, housing, traffic, air quality, noise, cultural resources, and natural resources. These subjects are typically associated potential impacts of new housing projects, including projects that may be facilitated by the adoption and implementation of the proposed City Code Amendments. The EIR thoroughly analyzed these impacts, identified policies and programs that contributed to impact mitigation, included additional mitigation measures, and in a limited number of instances, concluded impacts to be significant and unavoidable. In those instances, subsequent City action including findings and statements of overriding circumstances. Consistent with one of its stated purposes, the EIR serves as the primary environmental analysis for subsequent City actions.
Conclusion
As noted above, the Lead Agency can make one of four basic determinations for a Project as to the appropriate action to comply with CEQA: the project is statutorily or categorically exempt; the Project impacts have already been addressed in an environmental analysis as a part of a larger project; prepare a negative declaration or mitigated negative declaration; or prepare an environmental impact report (for which there are several sub-categories). Considered here is whether the 2030 General Plan EIR addressed the potential environmental effects of the proposed Project, which will result in amendments to the City Code intended to increase housing opportunities and affordability.
While the proposed Project subject to this present analysis is not a “subsequent development project,” it is both a subsequent project governed by the General Plan and will enable subsequent development projects subject to the proposed Title 6 City Code provisions. And since these subsequent projects will not be subject to discretionary review and therefore, not subject to additional CEQA analysis, the question is whether the 2030 General Plan EIR adequately addresses the potential Project environmental impacts.
The proposed Project is consistent with and implements the 2030 General Plan. General Plan policies call for the City to:
Promote a wide range of housing opportunities.
Encourage development of a variety of new housing types that provide housing choices. Promote the use of a “mountain” architectural theme in all new and remodeled developments.
The proposed Project supports facilitating residential development. The new provisions increase opportunities to provide a range of housing types, particularly ADUs and multi-family housing. And the 178
5 December 16, 2021
proposed Project includes criteria consistent with maintaining an architectural theme consistent with the mountain environment.
The proposed Project is consistent with and implements the 2014-2022 Housing Element. Housing Element policies call for the City to:
Adopt programs, ordinances … and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels. Encourage a range of housing options.
Promote quality design and appearance of all new multi-family and affordable housing projects so that they blend in with the existing community fabric, add value to the community’s built environment, and strengthen acceptance by the local community.
The proposed Project is an ordinance intended to provide opportunities for the private sector to address the housing needs of citizens of all economic levels. A range of housing options and affordable housing opportunities are encouraged through the City’s clear, objective ADU and multifamily residential standards and a ministerial review process.
All the 2030 General Plan policies and implementation of those policies were addressed in the 2030 General Plan EIR. The proposed Project is consistent with the 2030 General Plan and directly implements several of the Plan policies. The proposed Project is consistent with and implements the 2014-2022 Housing Element, which is an integral part of the General Plan. Based on the analysis, we conclude that the 2030 General Plan EIR fully and adequately addresses the potential environmental impacts of the proposed Project.
Finally, based on the forgoing analysis, none of the circumstances described in CEQA Guidelines Section 15062 have occurred that would require the preparation of a subsequent EIR or Negative Declaration.
There are no substantial changes proposed in the original project (the 2030 General Plan). This proposed Project serves as implementing several General plan policies. No substantial changes will occur with respect to the circumstances under which the Project will be undertaken. In fact, growth and change projected by the 2030 General Plan EIR has occurred at a much slower pace than anticipated. Finally, no new information has become available that would indicate new or more severe impacts would occur as a result of the project.
Recommendation
It is recommended that the City Council find that:
1. The proposed amendments to the City Code to add new provisions movable tiny homes are consistent with the 2030 General Plan and the 2014-2022 Housing Element;
2. The 2030 General Plan EIR fully addresses the potential environmental impacts of the proposed Project, all potentially significant environmental impacts can be mitigated to a less than significant level or are subject to overriding social or economic considerations;
3. No substantial changes are proposed in the Project which will require major revisions of the 2030 General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 179
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4. No substantial changes will occur with respect to the circumstances under which the project is undertaken which will require major revisions of the 2030 General Plan EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2030 General Plan EIR was certified as complete, that would show any of the following:
a. The Project would have one or more significant effects not discussed in the 2030 General Plan EIR;
b. Significant effects previously examined would be substantially more severe than shown in the 2030 General Plan EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment measure or alternative; and
6. No further environmental analysis for the proposed Project is required. 180
Council Agenda Report January 18, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Update Regarding Negotiations with Alpine Corporation on Potential Affordable Housing Project at Ski Run Blvd. and Pioneer Trail
Location: 3594 Pioneer Trail, South Lake Tahoe, APNs 028-081-02, -004, -006, -007, -015 Responsible Staff Member: Zach Thomas, Housing Manager (530) 542-7400 Background: The City Council, at its November 16th meeting, authorized the City Manager to enter in the attached Letter of Intent (LOI), with Alpine Corporation, to negotiate the terms of a potential City contribution ($2,500,000 or $5,000,000) towards the construction of a 79-unit housing development called Alpine Village. The development is proposed to be affordable to households earning no more than 80% of the Area Median Income (AMI). The LOI outlined nine key issues to be negotiated, in good faith, and addressed in a potential forthcoming agreement.
The LOI stipulated that in order to conduct the negotiations authorized by the terms of the LOI, City staff was to be provided necessary information and details associated with project development. Project information of particular importance included:
A complete project Pro Forma to determine project feasibility (including development/ construction costs, operating costs and cash flow analysis) Conceptual process for income verification and monitoring Project plan set
Details regarding the process and timeline for addressing any existing easements on the property and the intended permitting and environmental review process Details regarding the long-term management and ownership of the project The terms of the LOI required that the outcome of the negotiation process be presented to the City Council by January 18, 2022, either in the form of an agreement for approval or an update on the process.
The November 16th City Council staff report is attached for further background information.
Issue and Discussion: Following approval of the LOI by the City Council, City Staff initiated communication with Alpine Corporation on November 17th (the day after City Council authorization) and outlined the next steps in the negotiation process, including the need to compile necessary project information required by the LOI. Alpine Corporation has not provided project information as required per the terms of the LOI, and on January 5th the parties decided to terminate negotiations.
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LETTER OF INTENT
Between City of South Lake Tahoe (City) and Alpine Corporation (Developer) to Negotiate Agreement for the Development of Affordable Housing located at Pioneer Rd. and Ski Run Blvd. (APNs 028-081-02, -04, -06, -07, and -15) On November 16, 2021, the City Council authorized the City Manager to enter into this Letter of Intent (LOI) engage in negotiations with Alpine Corporation, and representatives thereof, for the delivery of 79 units of income-qualified affordable housing available to those earning no more than 80% of the Area Median Income (AMI).
The outcome of this process will be presented to the City Council by January 18, 2022, either in the form of an agreement for approval or an update on the process. Parties negotiating under the authority granted hereto shall seek to reach agreement on all deliverables resulting from a $[2,500,000 or 5,000,000] City contribution to the project.
Issues to be negotiated and addressed in the forthcoming agreement shall include the following:
1) Project Affordability:
The project shall deliver a minimum of 79 units of income qualified affordable housing. The housing shall be affordable to households earning no more than 80% AMI and use U.S. Department of Housing & Urban Development (HUD) affordability metrics including all applicable utility allowance calculations. 2) Income Verification and Affordability Monitoring:
All processes and details (including responsible party roles and liabilities) for income verification and affordability shall be agreed to during negotiations. This includes agreement as to the type and conditions that may be enforced by future contracts involving the delivery of such services.
3) American Rescue Plan Act (ARPA) Subrecipient Agreement:
A “Subrecipient Agreement” between the City and the Alpine Corporation will be necessary in the event that ARPA money is used for funding the project. All parties shall agree to the reporting and compliance requirements as stipulated by applicable U.S. Department of the Treasury guidance and Federal Regulations. 4) Size, Type and Number of Units to be Developed:
The project shall contain a mix in the number of bed/bath unit types. Preliminary project site design and amenities shall also be determined. Any known significant site constraints and development challenges known by either party (to the best of their knowledge) shall be identified and disclosed during this process. 5) Project cost and development/completion timeframe:
A complete project development pro forma (including development/construction costs, operating costs and cash flow analysis) shall be provided to the City during C-152-2021
DocuSign Envelope ID: 5F182294-504B-4BD6-84A8-282C638505F3 182
negotiations to ensure project feasibility and to identify milestones at which City cash contributions will be paid to the project. Developer shall be responsible for obtaining all financing commitments necessary to undertake the project and the City shall have no further financial commitment beyond that anticipated in this Letter of Intent. The project development schedule shall identify construction timeframes and placed in service dates, including remedies or consequences for project delays.
6) Permitting process and land use issues:
Developer shall be responsible for securing all necessary governmental approvals for the project. The process and timeline for addressing any existing easements on the property and the intended permitting and environmental review process for entitling the project shall be included in the agreement. 7) Long-term Management and Ownership of Property:
Details regarding the long-term management, maintenance and ownership of the property shall be identified. This includes identifying all necessary agreements and contracts to be established for the long-term operation and sustainability of the project.
8) Parties to the agreement:
Other public agencies funding the project may be parties to the agreement.
9) This Affordable Housing Project will have no relationship to the US Hwy 50 South Shore Revitalization Project, Tahoe Transportation District housing element.
The parties agree to make a good faith effort to address all items identified herein and any other areas identified by either party. This Letter of Intent and any preliminary agreements reached during negotiations authorized by this Letter of Intent are in no way contractually binding. Any agreement or contract resulting from this Letter of Intent and subsequent negotiations shall require the approval of the City Council. _____________________________ ___________________________ Joseph Irvin, City Manager Patrick Taylor, Alpine Corporation C-152-2021
DocuSign Envelope ID: 5F182294-504B-4BD6-84A8-282C638505F3 183
Alpine Corporation, LLC
P.O. Box 11224, Zephyr Cove, NV 89448
775-588-7824 https://alpine-corp.com
December 17, 2021
Mr. Joseph D. Irvin, ICMA-CM
City Manager
City of South Lake Tahoe, CA
[email protected]
RE: Alpine Corporation LOI Response
Alpine Village Affordable Housing (Pioneer Trail & Ski Run Blvd.) APN’s 028-081-02, -04, -06, -07, and -15
Dear Joe,
Below is Alpine Corporations response to the issues to be negotiated and addressed in the forthcoming agreement:
1. Project Affordability:
Alpine agrees to this.
2. Income Verification and Affordability Monitoring:
Alpine agrees to this per the City’s guidelines.
3. American Rescue Plan Act (ARPA) Subrecipient Agreement:
Alpine agrees to this, and the city will handle reporting and compliance requirements.
184
4. Size, Type and Number of Units to be Developed:
The project shall contain a mix of 2–4-bedroom units. Preliminary project site design and amenities shall also be determined. Any known significant site constraints and development challenges now by either party (to the best of their knowledge) shall be identified and disclosed during this process.
Alpine Corporation agrees to this.
5. Project cost and development/completion timeframe:
Alpine Corporation and Feldman Thiel agree to this.
6. Permitting process and land use issues:
Alpine Corporation and Feldman Thiel agree to handle this.
7. Long-term Management and Ownership of Property:
Alpine will own, manage, and maintain the property long term.
8. Parties to the agreement:
There are no other public agencies funding this project.
9. This Affordable Housing Project will have no relationship to the US Hwy 50 South Shore Revitalization Project, Tahoe Transportation, district housing element:
Alpine Corporation and Feldman Thiel agree to this item.
We look forward to working with the City of South Lake Tahoe on this important community development project.
Sincerely,
Patrick Taylor
CEO
Alpine Corporation
[email protected]
775-588-7824
185
Council Agenda Report November 16, 2021 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 16, 2021
Title: Potential Contribution of Up to $5 Million for Affordable Housing Project at Ski Run Blvd. and Pioneer Trail
Location: 3594 Pioneer Trail, South Lake Tahoe, APNs 028-081-02, -004, -006, -007, -015 Responsible Staff Member: Zach Thomas, Housing Manager (530) 542-7400 Background: The City Council, in September of 2019, entered into a Memorandum of Understanding (MOU) with Pacific Development Group and the Tahoe Transportation District (TTD) for the development of affordable housing on an approximate 3-acre site located southeast of the intersection of Ski Blvd. and Pioneer Trail. To be developed by PDG with potential contributions made by either TTD and/or the City to assist in “Gap” funding, the project was to consist of 76 units (affordable largely to households earning less than 60% Area Median Income (AMI)) and was proposed to be financed through a combination of Federal Tax Credits and other State housing grants and loans. These funding sources are traditionally used for affordable housing development and are currently being used to fund the Sugar Pine Village affordable housing project, in which the City is an active partner.
For reasons outside the influence of any individual partner involved, the developer listed the property for sale this past summer, thereby ending the terms of the MOU. City staff was contacted approximately 4 weeks ago by Alpine Corporation, who self-identified as a prospective buyer currently in escrow to buy the property. Representatives from Alpine Corporation presented a proposal by which a contribution of $5,000,000 would be an adequate subsidy to produce a 79- unit affordable housing project named Alpine Village. The remainder of the financing is to come from private equity with no additional outside subsidy to be used. Initially presented as a scenario under which the project would benefit from a joint contribution from TTD and the City of $2,500,000 each, the project appears consistent with the former MOUs intent of creating affordable housing.
City staff met with representatives from the Alpine Corporation on Tuesday, October 26 to further discuss the proposal and a commitment to bring the item for consideration by the City Council on November 16th. City staff also discussed the potential of a single $5,000,000 contribution made only by the City, which was described by Alpine Corporation as an acceptable alternative to the original proposal put forth.
Issue and Discussion: Before the City Council is a request to consider a potential contribution of City funds towards for the creation of 79 units of affordable housing as previously described.
The potential buyer has indicated that the project would need a subsidy of $5,000,000 towards construction costs to allow for rents to be affordable to households earning no more than 80% AMI, which is the typical definition of affordable housing. 186
Council Agenda Report November 16, 2021 Page 2 of 3
On the surface, such a contribution towards the creation of affordable housing might seem structurally similar to what the City has undertaken with the Sugar Pine Village. However, there are key distinctions to note. To date, the City Council has authorized approximately $2.4 million towards Sugar Pine Village, which will contain a mixture of units throughout the affordability spectrum down to households earning 30% AMI. While these funds have been used to pay for predevelopment costs, they have also been used as leverage for approximately $33,000,000 worth of grant applications to date. With approximately another $17,000,000 still to be applied for leveraging this initial contribution. City contributions to date are leveraging two of the four financing phases of Sugar Pine Village which includes128 of the 248 total affordable units.
Leveraging outside funding sources, as is typically done in affordable housing development, allows for a deeper level of subsidy and more affordability that is being proposed under Alpine Village.
The financing scenario proposed with Alpine Village does not leverage outside funds, but rather is a direct one-time cash contribution towards the project pre-development and construction costs.
Similar to what happens with the subsidies of traditional affordable housing projects, this ultimately lowers the “Permanent Loan” carried by the project thereby allowing for reduced cash flow produced by smaller “affordable” rents to adequately fund the debt service of the project. This is similar in concept to how a larger down payment on a house will result in a lower mortgage payment, thereby making it more affordable to the resident. While the financing structure proposed with Alpine Village involves a larger contribution (in both relative and real terms), a potential advantage might be the speed of project delivery. The funding sources used to fund most affordable housing projects such as Sugar Pine Village are highly competitive and administered through a relatively slower process throughout the entire State. It is also important to note that with the Sugar Pine Village financing underway, another project within the City needing the same funding sources would be, in essence, competing for the same limited pool of money. As such, contributing towards a privately funded affordable housing project might be an opportunity to diversify local contributions to housing solutions within the City.
Based on the conceptual proposal discussed with the Alpine Corporation, a City contribution could fall under two basic frameworks:
The City makes a ($2.5 million) joint contribution with TTD for a total $5 million contribution towards the project.
The City makes a solo ($5 million) contribution towards the project and is the only outside contributor.
While not necessary to fully determine at the moment, potential and likely funding sources include the undesignated reserve account and the 2022 $2.6 million allocation of the American Rescue Plan Act (ARPA) funds.
To explore the necessary details of the project and the deliverables associated with any contribution the City Council may potentially make, the City Council may authorize the City Manager to enter into the attached Letter of Intent (LOI) with Alpine Corporation. The LOI would allow a frame work in which the City and Alpine Corporation could negotiate, in good faith, project details associated with, but not limited to, the following:
Terms of Project Affordability
Process of Income Verification and Affordability Monitoring Potential ARPA Subrecipient Agreement and reporting requirements 187
Council Agenda Report November 16, 2021 Page 3 of 3
Size, Type and Number of Units to be developed (including site amenities) Project Costs, Feasibility, Financing and Development/Completion Schedule Permitting process and land use issues
Long-Term Management and Ownership of the Property
Parties to the agreement
Financial Implications: Financial implications of such a contribution are contingent upon the funding source allocated. Local non-restricted funds available for housing are currently derived from the sale of City owned land coverage and development commodities and are extremely limited. The funds are currently only replenished with the sale of additional land coverage commodities and completion of the associated projects. The use of ARPA funds for this housing initiative could be beneficial with regards to preserving local funds for future grant leveraging opportunities. Funds from the City’s undesignated reserve account could also be used. The future timing of any disbursement of funds is not known at this point.
Environmental Considerations: Authorizing the City Manager to execute the Letter of Intent is not approval of a project requiring environmental review under California Environmental Quality Act (CEQA) Guidelines section 15352 because it does not commit the City to a particular course of action or foreclose particular mitigation options.
Policy Implications: The effort to support and pro-actively work with private developers for the creation of affordable housing is an action item identified within the City adopted 2021-2026 Strategic Plan.
The discussed action would be consistent with the following adopted General Plan Housing Element policies and programs:
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.
Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the City. 188
Council Agenda Report January 18, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Consider Implementation of Campaign Contribution Limits Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Background: In 2019, the Legislature enacted Assembly Bill 571 ("AB 571"), which amends the Elections Code and Government Code to establish campaign contribution limits for elective city offices in a city in which the local government has not established a campaign contribution limit.
The State campaign contribution limit for cities is $4,900 per election under Section 18545(a)( 1) of the FPPC Regulations. This contribution limit prohibits a person from making a contribution to a candidate for elective city office and prohibits a candidate from accepting a contribution from a person, totaling more than $4,900.
AB 571 also enacts additional regulations relating to campaign contributions and use and transfer of campaign contributions.
In a League of California Cities survey of City Clerks and a reporting matrix posted on the FPPC’s website of the 482 California cities 145 cities provided data. Of the 145 reporting cities, 23 used the State limit, 16 adopted no limit, 33 had a limit of $1,000 or greater ($1,444 average) and 72 had a limit under $1,000 ($362 average).
At its October 19, 2021, meeting Council asked for the League/FPPC results (Attachment 02-Survey Results) and the cost to the City if the City were to adopt and enforce its own limit. In reaching out to other jurisdictions with similar populations and to other local jurisdictions, the following information was provided:
Placerville (2020 pop. 10,747) -State Limit
Truckee (2020 pop. 16,729) – State Limit
El Dorado County – State Limit
Arcata (2020 pop. 18,801) - $210 limit, have not needed any enforcement Angora Hills (2020 pop. 20,299) - $250 limit, have not needed any enforcement El Segundo (2020 pop. 17,272) - $500 limit
Hermosa Beach (2020 pop. 19,728) - $250 limit
Pinole (2020 pop. 19,100) - $500
South El Monte (2020 pop. 19,567)– State Limit
Issue and Discussion: The Council has two options in dealing with AB 571: 1) Do nothing, in which case the default State campaign contribution limit would remain in effect in the City of South Lake Tahoe; or 2) Pass an Ordinance setting a City of South Lake Tahoe campaign contribution limit that may be higher or lower than the State campaign contribution limit.
189
Council Agenda Report January 18, 2022 Page 2 of 2
Financial Implications: If the State campaign contribution limit is in effect in a city, then the FPPC would enforce violations of the campaign contribution limit. No cost would be incurred by the City.
If the City establishes a campaign contribution limit different from the State default limit, the FPPC would not administer or enforce the established campaign contribution limit. The City would incur the cost of enforcement. The City Clerk, as the elections official, would provide education to candidates to ensure compliance with any contribution limit set. Candidates who receive funds over the amount would be required to return the funds immediately and provide an amended Form 460 for posting to City’s website.
Environmental Considerations: None.
Policy Implications: The establishment of a campaign contribution that is higher or lower than the State default limits for elective city offices in a city in which the local government has not established a campaign contribution limit; or accepting the State default campaign contribution limits established by AB 571; conforms to Government and Elections Code.
190
1. Agoura Hills $250
2. Anaheim$1,500
3. Arcata $210
4. Banning - State
5. Bell Gardens $250
6. Belmont $500
7. Berkeley $250
8. Beverly Hills $450
9. Buena Park $4,000
10. Burbank $500
11. Campbell - State
12. Capitola $200
13. Chico $500
14. Chula Vista$350
15. Claremont $250
16. Clovis- No Limit
17. Commerce $1,000
18. Compton– No Limit
19. Cotati $350
20. Covina – No Limit
21. Cudahy $1,000
22. Culver City $500
23. Dana Point $760
24. Del Mar $2,000
25. Downey $2,000
26. East Palo Alto $500
27. El Centro - No Limit
28. El Segundo $500
29. Encinitas $250
30. Escondido $4,300
31. Eureka$500
32. Fillmore $250
33. Folsom $150
34. Fontana-State
35. Fountain Valley $500
36. Fresno $4,400
37. Galt $100
38. Gardena $1,000
39. Gilroy $750
40. Glendale $1,000
41. Grand Terrace $250
42. Half Moon Bay $1,000
43. Hayward $350
44. Healdsburg $500
45. Hermosa Beach $250
46. Hesperia $500
47. Huntington Beach $500
48. Irvine $300
49. La Habra - State
50. La Mesa- State
51. LaFayette – No Limit
52. Laguna Beach $360
53. Laguna Hills – $1,000
54. Laguna Niguel $1,000
55. Lemon Grove $1,000
56. Loma Linda – State
57. Long Beach $250
58. Los Altos – No Limit
59. Los Gatos - State
60. Malibu $250
61. Manhattan Beach $250
62. Marina $200
63. Menfee - State
64. Merced $500
65. Milpitas $250
66. Monrovia – State
67. Moorpark – No Limit
68. Moreno Valley– No Limit
69. Monterey $500
70. Murrieta $1,000
71. Newark$500
72. Newport Beach $1,200
73. Norwalk – No Limit
74. Novato $400
75. Oakland $1,000
76. Orange $1,000
77. Oxnard $500
78. Pacific Grove $600
79. Paramount – No Limit
80. Petaluma $200
81. Pinole $500
82. Pittsburg - State
83. Pomona $500
84. Poway $250
85. Redlands- State
86. Redondo Beach $1,000
87. Redwood City $1,000
88. Richmond $2,500
89. Riverside– No Limits
90. Rohnert Park $500
91. Rolling Hills Estates- State
92. Rosemead - State
191
93. Roseville $500
94. Sacramento $1,750
95. San Carlos - State
96. San Demas - State
97. San Diego $500
98. San Fernando $500
99. San Gabriel- State
100. San Jose $500
101. San Juan Capistrano $580
102. San Marcos $250
103. San Mateo $500
104. Santa Ana $1,000
105. Santa Clara $250
106. Santa Clarita $1,000
107. Santa Cruz $400
108. Santa Maria– No Limit
109. Santa Monica $340
110. Santa Rosa $500
111. Santee $500
112. Sausalito $500
113. Seal Beach $1,000
114. Scotts Valley $100
115. Sierra Madre - State
116. Signal Hill $440
117. Simi Valley $1,000
118. Solana Beach $100
119. Sonoma $100
120. South El Monte- State
121. South Gate $1,000
122. South Pasadena $1,000
123. St. Helena – No Limit
124. Sunnyvale- State
125. Temple City- State
126. Thousand Oaks $560
127. Torrance $1,000
128. Truckee - State
129. Turlock $1,000
130. Ukiah $500
131. Union City $720
132. Upland $1,000
133. Vacaville - State
134. Ventura $100
135. Vernon $100
136. Victorville- State
137. Walnut $1,000
138. Walnut Creek $100
139. Watsonville $500
140. West Covina $500
141. West Hollywood $1,000
142. West Sacramento $250
143. Whittier– No Limit
144. Windsor– No Limit
145. Woodland– No Limit
192
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 19, 2021
Agenda Item #: 23.
Agenda Item: Consider Implementation of Campaign Contribution Limits Executive Summary: The current State default campaign contribution limit is $4,900. This contribution limit prohibits a person from making to a candidate for elective county or city office, and prohibits a candidate for elective county or city office from accepting from a person, a contribution totaling more than $4,900 per election. A city may establish a campaign contribution limit that is higher or lower than the State default limit; however, the State default limit would apply until an alternate limit is passed by the legislative body.
Requested Action / Suggested Motions: City Council are asked to provide direction to the City Clerk on whether to establish campaign contribution limits or to accept the State default campaign contribution limits.
Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:
Heather Stroud, City Attorney
Olga Tikhomirova, Director of Finance
Attachments:
01-Staff Report - Campaign Contribution Limits.docx
02 - AB 571 Fact Sheet.pdf
03 - FPPC 2021 Contribution Limits Chart.pdf
1931
Council Agenda Report October 19, 2021 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 19, 2021
Title: Consider Implementation of Campaign Contribution Limits Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Background: In 2019, the Legislature enacted Assembly Bill 571 (AB 571), which amends the Elections Code and Government Code to establish campaign contribution limits for elective city offices in a city in which the local government has not established a campaign contribution limit. If a city did not have its own campaign contribution limits in place prior to January 1, 2021, the State default campaign contribution limits established by AB 571 apply in that city. The last election for a City Office was held November 3, 2020. At that time, no campaign contribution limits existed. AB 571 allows a city to establish a campaign contribution limit that is higher or lower than the State default limit; however, the State default limit would apply until an alternate limit is passed by the legislative body by ordinance or resolution under Government Code section 85702.5. The State campaign contribution limit applies only to candidates and not to ballot measures.
The State campaign contribution limit for cities is the same campaign contribution limit for “elective state office other than a candidate for statewide elective office" (ie., members of the State Assembly but not Governor) under Government Code Section 85301(a). Section 85301(a) sets the campaign contribution limit at $3,000, however the Fair Political Practices Commission (FPPC) has adjusted the limit every two years since the section was enacted so the current contribution limit is $4,900 per election under Section 18545(a)(1) of the FPPC Regulations. This contribution limit would prohibit a person from making to a candidate for elective county or city office and would prohibit a candidate for elective county or city office from accepting from a person, a contribution totaling more than the amount set forth in the act for limitations on contributions to a candidate for elective office.
AB 571 also enacts additional regulations relating to campaign contributions and use and transfer
of campaign contributions.
In a League of California Cities survey of City Clerks and a reporting matrix posted on the FPPC’s website, of the 482 California cities 145 cities provided data. Of the 145 reporting cities, 23 used the State limit, 16 had no limit, 33 had a limit of $1,000 or greater ($1,444 average) and 72 had a limit under $1,000 ($362 average).
Issue and Discussion: The Council has two options in dealing with AB 571: 1) Do nothing, the default State campaign contribution limit remains in effect in the City of South Lake Tahoe; or 2) Pass an Ordinance setting a City of South Lake Tahoe campaign contribution limit that may be higher or lower than the State campaign contribution limit. 1942
Council Agenda Report October 19, 2021 Page 2 of 2
Financial Implications: If the State campaign contribution limit is in effect in a city, then the FPPC would enforce violations of the campaign contribution limit. No cost would be incurred by the City.
If the City establishes a campaign contribution limit different from the State default limit, the FPPC would not administer or enforce the established campaign contribution limit. The City would incur the cost of enforcement.
Environmental Considerations: None.
Policy Implications: The establishment of a campaign contribution that is higher or lower than the State default limits for elective city offices in a city in which the local government has not established a campaign contribution limit; or accepting the State default campaign contribution limits established by AB 571; conforms to Government and Elections Code. 1953
Fair Political Practices Commission
Contribution Limits: City and County Candidates1
Introduction
Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits.
Current State Contribution Limit
The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website here. The default limit for contributions to city and county candidates subject to AB 571 for 2021-2022 is set at $4,900 per election.
Other Amended Provisions Affecting City and County Candidates Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following:
• A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit. • Candidates may transfer campaign funds from one candidate-controlled committee to another committee controlled by the same candidate if the committee receiving the transfer is for an elective state, county or city office.
However, contributions transferred must be transferred using the “last in, first out” or “first in, first out” accounting method and shall not exceed the applicable contribution limit per contributor.
1 This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of Regulations, unless otherwise indicated.
www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-11-2020 Page 1 of 4
1964
• Candidates may not personally loan to a candidate’s campaign an amount for which the outstanding balance exceeds $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate’s campaign. • Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act.
• Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the election, and contributions do not otherwise exceed applicable contribution limits for that election.
• Candidates may carry over contributions raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office.
• Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the general election, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions.
FAQs
A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place.
B. Is there a way for a city or county to adopt “no” contribution limits for city or county elective city and county offices?
www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-11-2020 Page 2 of 4
1975
Yes. A city or county may elect to have “no” contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented “no” contribution limits, the state contribution limit will not apply as a default for that jurisdiction.
C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit.
D. If a city or county imposes contribution limits, is the Commission responsible for enforcing those limits?
No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations, as.
E. If a city or county has voluntary contribution limits, but no mandatory limits will the state limit be applicable?
Yes. A city or county must enact mandatory limits to avoid the state limit applying to elective city and county offices.
F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices.
G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying.
H. Does AB 571 apply to special district or school district elections? www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-11-2020 Page 3 of 4
1986
No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit.
I. Does AB 571 allow candidates to open an officeholder committee? No. For those candidates subject to AB 571, officeholder committees are not permitted. However, a candidate may use a committee for the officeholder’s future election for officeholder expenses.
www.fppc.ca.gov
FPPC advice: [email protected] 1.866.275.3772
FPPC Ed. Pro. 086-11-2020 Page 4 of 4
1997
California Fair Political PracticesCommission
California State Contribution Limits
(Effective January 1, 2021 ‐ December 31, 2022)
Candidates seeking a state office and committees that make contributions to state candidates are subject to contribution limits from a single source. Beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates. (Sections 85301 ‐ 85303.) Contributions from affiliated entities are aggregated for purposes of the limits. (Regulation 18215.1.) The chart below shows the current limits per contributor for state offices and city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates. The primary, general, special, and special run‐off elections are considered separate elections. Contribution limits to candidates apply to each election. Contribution limits to officeholder and other committees apply on a calendar year basis. Contact your city or county about contribution limits for local offices, state campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates.
Contribution Limits to State and Local* Candidates Per Election Contributor
Sources
Candidate or Officeholder Person (individual, business
entity, committee/PAC)
Small Contributor Committee
(see definition on page 2) Political Party
City and County Candidates subject to Section 85301 (d) $4,900 $4,900 $4,900 Senate and Assembly $4,900 $9,700 No Limit
CalPERS/CalSTRS $4,900 $9,700 No Limit
Lt. Governor, Secretary of State, Attorney General,
Treasurer, Controller, Supt. of Public Instruction,
Insurance Commissioner, and Board
of Equalization
$8,100 $16,200 No Limit
Governor $32,400 $32,400 No Limit
*State campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates
Contributions to Other State Committees Per Calendar Year Contributor Sources
Committee Person (individual, business entity,
committee/PAC)
Committee (Not Political Party) that Contributes to State Candidates (PAC) $8,100 Political Party Account for State Candidates $40,500
Small Contributor Committee $200
Committee Account NOT for State Candidates (Ballot Measure, PAC, Political Party) No Limit* *State committees (including political parties and PACs) may receive contributions in excess of the limits identified above as long as the contributions are NOT used for state candidate contributions. (Regulation 18534.) Contributions to State Officeholder Committees Per Calendar Year Contributor Sources
Committee
Any Source (Person, Small
Contributor Committee or
Political Party)
Aggregate From All Sources
Senate and Assembly $4,000 $67,300
CalPERS/CalSTRS $4,000 $67,300
Lt. Governor, Secretary of State, Attorney General,
Treasurer, Controller, Supt. of Public Instruction,
Insurance Commissioner, and Board of Equalization
$6,700 $134,600
Governor $26,900 $269,300
2008
California Fair Political Practices Commission
California State Contribution Limits
(Effective January 1, 2021 ‐ December 31, 2022)
The contribution limits are effective for elections held between January 1, 2021 and December 31, 2022. (Regulation 18545.) These limits do not apply to contributions made to elections in previous years. Such contributions are subject to the limits in place for that year see previous charts.
Legal Defense Funds
Contributions raised for a legal defense fund are not subject to contribution limits or the voluntary expenditure ceiling. However, a candidate or officeholder may raise, in total, no more than is reasonably necessary to cover attorney’sfees and other legal costs related to the proceeding for which the fund is created. (Section 85304; Regulation 18530.4.)
Recall Elections
A state officeholder and city or county officeholder subject to Section 85301 (d) who is the subject of a recall may set up a separate committee to oppose the qualification of the recall measure and, if the recall petition qualifies, the recall election.
Neither contribution limits nor voluntary expenditure ceilings apply to the committee to oppose the recall that is controlled by the officeholder who is the target of the recall attempt. Candidates running to replace an officeholder who is the target of a recall are subject to the contribution limits and the expenditurelimits applicable to the election for that office. (Section 85315; Regulation 18531.5.)
Ballot Measure Committees
Contributions to ballot measure committees controlled by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d) are not limited.
Contributions from State Candidates and Candidates subject to Section 85301 (d)
A state candidate or candidate for elective city or county office subject to Section 85301 (d) may not contribute more than $4,900 to a committee controlled by another state candidate or or candidate for elective city or county office subject to Section 85301 (d) (Thislimit applies on a per election basis and includes, in the aggregate, contributions made from the candidate’s personal funds and from campaign funds. (Section 85305; Regulation18535.) This limit does not apply to a committee controlled by a state candidate or a committee controlled by a candidate for elective city or county office subject to Section 85301 (d) to oppose his or her recall or their contributions made to a legal defense fund established by a candidate for elective state office or candidate for elective city or county office subject to Section 85301(d). It also does not apply to contributions made by a candidate for elective state office or a candidate for elective city or county office subject to Section 85301 (d) to a ballot measure committee controlled by a another state candidate or candidate for elective city or county office subject to Section 85301 (d). Please note there are certain rules applicable to use of funds held by state officeholder committees (See Regulation 18531.62.)
Communications Identifying State Candidates
Any committee that makes a payment or a promise of payment totaling $50,000 or more for a communication that:
1. Clearly identifies a state candidate; but
2. Does not expressly advocate the election or defeat of the candidate; and
3. Is disseminated, broadcast, or otherwise published within 45 days of an election, may not receive a contribution from any single source of more than $40,500 in a calendar year if the communication is made at the behest of the candidate featured in the communication. (Section 85310.)
Officeholder Committees
Officeholder contributions must be cumulated (in full) with any other contributions from the same contributor(s) for any other future elective state office or elective city or county office subject to Section 85301 (d) for which the officeholder maintains a controlled committee during the term of office in which the contribution is received.
Contributions to candidates for future elections and to their officeholder account are cumulated for purposes of contribution limits. (Regulation 18531.62.)
Contributions from State Lobbyists
A state lobbyist may not contribute to a state officeholder’s or candidate’s committee if the lobbyist is registered to lobby the agency of the elected officer or the agency to which
the candidate is seeking election. The lobbyist also may not contribute to a local committee controlled by any such state candidate. (Section 85702; Regulation 18572.) In addition, effective January 1, 2015, lobbyists and lobbying firms may no longer take advantage of the $500 or less home/office fundraiser exception that is available to other individuals and entities. (Section 82015(f).) Local Elections
Many cities and counties have local contribution limits and other election rules. “Local Campaign Ordinances” are listed on the FPPC’s website. Check with your city or county about contribution limits for local elections. A State campaign contribution limit will by default apply to city and county candidates when the city or county does not have laws addressing a contribution limit on such candidates.
Definitions
Person: An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, committee, and any other organization or group of persons acting in concert. (Section 82047.) Small Contributor Committee: Any committee that meets all of the following criteria:
(a) The committee has been in existence for at
least six months.
(b) The committee receives contributionsfrom 100
or more persons.
(c) No one person has contributed to the committee
more than $200 per calendar year.
(d) The committee makes contributions to fiveor
more candidates. (Section 85203; Regulation 18503.)
Political Party Committee: The state central committee
or county central committee of an organization that meets the requirements for recognition as a political party under Elections Code Section 5100. (Section 85205.)
www.fppc.ca.gov
FPPC Advice: [email protected] (1.866.275.3772 )
Ed. Pro. • 007-01-2021 • Page 2 of 2
2019
Council Agenda Report January 18, 2022 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: January 18, 2022
Title: Lake Tahoe Boulevard Class I Bicycle Trail (Viking Way to Y) Location: Lake Tahoe Blvd between D Street/Viking Way and the South Wye Intersection Responsible Staff Member: Randy Carlson, Associate Civil Engineer, (530) 542-6033 Anush Nejad, Director of Public Works, (530) 542-6031
Background: The City of South Lake Tahoe Public Works Department, in partnership with the Tahoe Regional Planning Agency (TRPA), the Tahoe Metropolitan Planning Organization (TMPO), the Lake Tahoe Unified School District (LTUSD), the Community Mobility Group, and the Bicycle Coalition developed strategies to focus future available alternative transportation grants towards elimination of gaps in the existing bicycle and pedestrian mobility network on priority routes.
One such gap in the bicycle network is along Lake Tahoe Boulevard from Viking Way to the South Wye (Project). The completion of this trail connection would enable cyclists and pedestrians to commute from Meyers to the South Wye while never riding or walking within the vehicular travel way. Once at the South Wye, users will have the ability to access the transit station, commercial core, and the remaining crosstown bikeways.
In April of 2016, the City of South Lake Tahoe Public Works Department applied for Congestion Mitigation and Air Quality (CMAQ) improvement grant funding to develop plans, specifications, and environmental permitting (PS&E) for the Project. In May of 2016, the City was awarded grant funds for $203,047. A professional services agreement with consultant, Cardno was executed in November of 2016 to design the Project.
In November of 2017, the City of South Lake Tahoe Public Works Department applied for Surface Transportation Block Grant (STBG) funding to acquire right-of-way for the Project. The City was notified in December 2017 of an STBG grant award of $249,000 for property and right-of-way acquisition services.
These funds were accepted and allocated to the project account at the September 5, 2020, City Council Meeting. The Right-of-Way phase of the Project was completed in May of 2021 and included obtaining five temporary construction easements.
On June 23, 2021, the Public Works Department requested Caltrans’ authorization to begin construction on this Project and was granted permission on July 26, 2021. The Public Works Department bid this project in August of 2021, but only received one bid. The bid received was ultimately determined to be non-responsive, so the bid was rejected at the September 21, 2021, City Council Meeting with direction to rebid the project.
Issue and Discussion: On October 15, 2021, the Public Works Department readvertised the Lake Tahoe Boulevard Class I Bicycle Trail Project bid on the City PlanetBids website. The Project Notice to Bidders was also advertised in the Tahoe Daily Tribune per Public Contract Code requirements. The Project bidding period closed on November 15, 2021.
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Council Agenda Report January 18, 2022 Page 2 of 4
Public Works received two (2) sealed bids, which were publicly opened and read aloud at the scheduled bid opening located at the City Public Works Building. Sierra Nevada Construction Inc. (SNC) submitted the apparent low bid in the amount of $4,634,007.00. The Engineer’s Estimate for the bid was $3,591,147.92.
The primary portion of the bid (Base Bid) included the construction of the bike trail, ADA ramps, new curb and gutters, paving, and trail lighting. The bid also included one bid alternative. Bid Alternate 1 included installing conduit for future broadband within Lake Tahoe Boulevard public right-of-way. Staff included Bid Alternate 1 to be consistent with the Dig Once Policy for City Rights-of-Way adopted by City Council on June 23, 2020. At this time, staff believes that the bid alternate should not be awarded. This is due to the current funding shortfall as well as the need for a comprehensive City-wide broadband plan.
Table 1 - Bid Results
Name of Contractor Base Bid Bid Alt 1 Total
Sierra Nevada Construction Inc. $4,634,007.00 $235,625.00 $4,869,632.00 MKD Construction $5,920,777.00 $475,250.00 $6,396,027.00 Bids for this Project came in over the project budget. There are several reasons for the higher bid amount.
The foremost issue is the Covid 19 pandemic, which has created significant material shortages, escalating material costs and labor shortages.
Table 2 is a summary of the current funding plan for the project.
Table 2 - Grant Funding and Match Requirements
Funding Type Grant Amount Required Match Total
Active Transportation Program (ATP) $744,000.00 $0.00 $744,000.00 Highway Infrastructure Program (HIP) $756,000.00 $97,947.82 $853,947.82 Congestion Mitigation and Air Quality (CMAQ) $268,775.00 $34,822.65 $303,597.65 Surface Transportation Block Grant (STBG) $1,473,000.00 $190,842.45 $1,663,842.45 Total $3,241,775.00 $323,612.92 $3,565,387.92
As shown in Table 2, available grant funding for this project is $3,565,387.92 which requires the City to provide a local match of $323,612.92.
Financial Implications: In addition to the bid amount submitted by the contractor, the City typically utilizes a 10% construction contingency for unforeseen costs associated with the Project.
Sufficient funding is not available for a 10% contingency, so a 7.5% contingency of $347,550.00 is proposed instead. The City also utilizes professional consultant services to oversee labor compliance and to provide materials testing services for additional quality control. It is estimated that approximately $20,000 will be needed for a labor compliance specialist and $30,000 will be needed for materials testing. Adding together the 7.5% construction contingency, labor compliance specialist, the materials testing consultant, and the bid from Sierra Nevada Construction, brings the total funds needed to construct the Project to $5,031,557.00 for the Base Bid or $5,267,182.00 for Base Bid plus Bid Alternate 1.
Project Need
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Council Agenda Report January 18, 2022 Page 3 of 4
Construction Costs Amount
Sierra Nevada Construction Bid $4,634,007.00
Construction Contingency of 7.5% $347,550.00
Labor Compliance Specialist $20,000.00
Materials Testing $30,000.00
Total $5,031,557.00
The Project construction budget currently has a $1,466,169.08 shortfall for the Base Bid and a $1,701,794.08 shortfall for Base Bid plus Bid Alternate 1. The budget shortfall may be closed with the following funding sources.
Additional Funding Sources Available or Proposed
Funding Type Amount Requested
Remaining Funds from the Sierra Boulevard Complete Streets Project $348,039.00 General Fund Undesignated Excess Reserve $685,418.08
Road Maintenance and Rehabilitation Account (RMRA) FY 21/22 Funds $432,712.00 Total $1,466,169.08
The following table shows the total funding required to award the Base Bid items, including the local match requirement:
Total Funding Sources Necessary to Award the Base Bid
Funding Type Amount Requested
General Fund Undesignated Excess Reserve (local match requirement) $323,612.92 General Fund Undesignated Excess Reserve (additional) $685,418.08 Remaining Funds from the Sierra Boulevard Complete Streets Project $348,039.00 Road Maintenance and Rehabilitation Account (RMRA) $432,712.00 Total $1,789,782.00
Recommended Action
Pass Resolution to accept and appropriate grant funding to the project account and award the base bid construction contract. Appropriate $1,009,031 from available General Funds Undesignated Excess Reserves for the local grant match requirement and a shortfall. Amend the Road Maintenance and Rehabilitation Account (RMRA) FY 21/22 current budget to reflect the $432,712 estimate provided by the Department of Finance. Confirm other balance transfers including the balance of post-project funding remaining within the Sierra Boulevard Complete Street Project and Road Maintenance and Rehabilitation Account, for the total project construction cost of $5,031,557.00.
Environmental Considerations: This Project has already completed the CEQA permitting process. The City Planning Commission adopted and approved a Negative Declaration document for this Project at the September 12, 2019, meeting. (State Clearing House Number 2019079110) NEPA permitting was completed on October 15, 2019. The NEPA process was completed under a Categorical Exclusion as determined by Caltrans, who is the lead implementing agency. (CML 5398(13)) The Project is also a part of the TRPA Environmental Improvement Program (EIP) and has a TRPA EIP project permit.
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Council Agenda Report January 18, 2022 Page 4 of 4
Policy Implications: This Project is consistent with many of the City Council priorities for 2019 and beyond. The Project is a recreational and transportation improvement that will develop a new class I bicycle trail approximately 0.6 miles in length. This bike trail will also close an important gap in the south shore trail system. The Project also encourages people to get out of their cars and to walk or ride their bikes, which is in line with Council’s desire to combat climate change. Lastly, the Project will reconstruct some of the drainage infrastructure along Lake Tahoe Boulevard, which will extend the lifetime of the roadway and reduce required maintenance along this section of roadway. 205
Resolution 2022-XXX January 18, 2022 Page 1 of 3
Resolution 2022-XX
Adopted by the City of South Lake Tahoe
City Council
January 18, 2022
Accepting and Appropriating Active Transportation Program (ATP) funding in the amount of $744,00, Highway Infrastructure Program (HIP) funding in the amount of $756,000, Congestion Mitigation and Air Quality (CMAQ) funding in the amount of $268,775, and Surface Transportation Block Grant (STBG) in the amount of $1,473,000, and Appropriating General Fund Undesignated Excess Reserves in the amount of $1,009,031 and related actions regarding the Lake Tahoe Boulevard Class I Bicycle Trail Project.
BACKGROUND
A. Resolution No. 2016-14 passed by the City Council on March 15, 2016, accepted a $10,000 On Our Way Grant from the Tahoe Regional Planning Agency to explore the feasibility of the Lake Tahoe Boulevard Class I Bicycle Trail Project as a viable and desired project.
B. Resolution No. 2017-62 passed by the City Council on September 5, 2017, accepted and appropriated $203,047 of Congestion Mitigation Air Quality (CMAQ) funding for the purpose of designing and permitting the Lake Tahoe Boulevard Class I Bicycle Trail Project.
C. Resolution No. 2017-76 passed by the City Council on November 7, 2017, transferred an additional $80,000 of funding from a completed CIP project into this project account to fund the design of this project
D. At the November 7, 2017, City Council Meeting, the City Council awarded a professional service agreement to Cardno to design and permit the project.
E. The City has completed NEPA and CEQA environmental permitting for the Project as well as obtained all right-of-way clearances.
F. 100% plans, specifications, and estimates (PS&E) for the project improvements have been completed and the project is ready to construct.
G. On November 15, 2021, bids were received for construction of the Lake Tahoe Blvd Class 1 Bicycle Trail Project. Contractor, SNC was determined to be the lowest responsible and responsive bidder.
H. The State Department of Finance has estimated that the City’s portion of the Road Maintenance and Rehabilitation Account (Gas Tax) for FY 21/22 will be approximately $432,712, which is an increase from the currently budgeted $365,000.
BASED ON THE FACTS SET FORTH HEREIN, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:
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Resolution 2022-XXX January 18, 2022 Page 2 of 3
1. Accepts $744,000 in Active Transportation Program funding to the Project.
2. Accepts $756,000 in Highway Infrastructure Program funding to the Project.
3. Accepts $268,775 in Congestion Mitigation and Air Quality funding to the Project.
4. Accepts $1,473,000 in Surface Transportation Block Grant funding to the Project.
5. Appropriates $1,009,031 of available General Fund Undesignated Excess Reserves to the Project including $323,612.92 for grant fund local match requirements.
6. Amends the FY 21/22 Road Maintenance and Rehabilitation Account (RMRA) budget for an ending total of $432,712 and confirms transfers of available funds from other CIP accounts
7. Appropriates funding into the existing CIP project fund account as follows:
Adopted by the City of South Lake Tahoe City Council on January 18, 2022, by the following vote:
Yes:
No:
Abstain:
Absent:
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
__________________ Date:_____________
Devin Middlebrook, Mayor
Attest:
REVENUE EXPENSE
Fund/Account Description (Increase)/Decrease Increase/(Decrease) 100-01956-50014 Appropriate General Fund Undesignated Excess Reserves 1,009,031 Total Genera Fund amendment - 1,009,031
301-50035-33203 Amend FY 21/22 RMRA Gas Tax SB 1 revenue (67,712) - 301-50035-50014 Amend FY 21/22 RMRA expense budget for addl revenue - 67,712 301-50005-36304 Reclass Transfer of RMRA to Street Overlay account 432,712 - Total Other CIP budget amendments 365,000 67,712
301-50026-36304 Transfer in Sierra Blvd Project Construction balance (348,039) 301-50026-36304 Reclass Transfer of RMRA to LT Blvd Project account (432,712) 301-50026-36300 Transfer in from General Fund (1,009,031) 301-50026-33125 Appropriate ATP Funding (744,000)
301-50026-33133 Appropriate HIP Funding (756,000)
301-50026-33119 Appropriate CMAQ Funding (268,775)
301-50026-33126 Appropriate STBG Funding (1,473,000)
301-50026-48030 Appropriate Construction budget 5,031,557 Total Lake Tahoe Blvd Project Account amendments (5,031,557) 5,031,557 207
Resolution 2022-XXX January 18, 2022 Page 3 of 3
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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