Cities Index.
Agenda packet

South Lake Tahoe City Council
June 21, 2022

Document
Agenda packet
Meeting
June 21, 2022
Body
South Lake Tahoe City Council
Pages
48
Original file
51.3 MB
Text extracted from the city's file for reading and search. Open the original on d3n9y02raazwpg.cloudfront.net. That file is the official record.

The General Plan policies identified in the General Plan EIR reduce significant impacts to a less than significant level for the following environmental topic areas: land use, population, housing and socioeconomics, hazards, noise, hydrology and water quality, geology, soils, and land capability and coverage, biological resources, cultural resources, public services, utilities and service systems, scenic resources, and recreation.

The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts to the following environmental topics. • Transportation and Circulation
o Impact 4.4.2: Changes in land uses associated with the proposed General Plan Update in addition to anticipated changes in land use under the proposed TRPA Regional Plan Update are anticipated to result in an increase in vehicle miles of travel for the Tahoe region over a peak summer day.
• Air Quality and Climate Change
o Impact 4.5.6: Implementation of the proposed General Plan Update would contribute to greenhouse gas emissions that could result in significant environmental effects, including water quality impacts to Lake Tahoe.

1.3 PROJECT SUMMARY
CEQA requires the City to evaluate the environmental impacts associated with changes to the environment. In this instance, many of the goals, policies, and programs from the previous Housing Element are continued through to the proposed 2022–2027 Housing Element. Table 1-1 includes the changes in goals or policies between the existing 2014–2022 Housing Element and the proposed 2022–2027 Housing Element.

Modifications to the existing policies are identified in the text following Table 1-1. 963
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Table 1-1 Summary of Program Changes Between Existing Housing Element and 2022–2027 Housing Element Programs Implementation Status Evaluation Continue/Modify/Delete Program 1-1 Mixed Use Development. The City shall continue to create incentives (i.e., alternative parking requirements, streamlined permitting) to encourage production of housing in nontraditional (i.e., commercial) areas where residential use is appropriate to the setting and where mixed-use projects could either address job and housing needs or the desires of second homeowners. The incentives have been included in the Tourist Core Area Plan and will be included in the Tahoe Valley Area Plan.

The City shall provide information regarding the incentives at City Planning Division offices and on the City website, and an information packet will be distributed to local developers.

The City encourages mixed-use development within the Tourist Core and Tahoe Valley Area Plans and allows maximum
density for mixed-use projects within Town Centers. For example, in most parts of the city, the City regulates
development capacity with allocation limits. The City doesn’t limit the number of residential allocations permitted in a Town Center, while developers are capped at eight allocations per project in other parts of the city. Furthermore, the City adopted a policy in 2019 that distributes development rights at no cost for mixed-use projects within Town Centers if the residential component is affordable and rents to local employees. The Area Plans and Ordinances are posted on the City’s website.

The City will update/modify the
program to more clearly display the
Area Plans and Ordinances on the
City website as incentives for
developers and continue the program.

Modify and continue as
Program 1-1 Mixed-Use
Development.

Program 1-2 Condominium of New Development. The City shall codify City policies related to construction of new market-rate condominiums (currently defined as clusters of at least two attached units). The City shall modify the allocation process so that the criteria for using multi-family allocations from the City’s list for condominium development are based on a minimum density rather than whether the condominium is attached or detached.

The City has modified the residential allocation process to reserve residential allocations for use within the City's Town Centers and encourages conversion to condominiums of these units. In addition, there is no cap on the number of residential allocations that can be used in a Town Center. The City did not codify policies related to the construction of new market-rate condominiums.

With the City’s new policy to set aside
residential allocations for housing
projects in Town Centers to incentivize
any type of housing in these areas,
there is no longer a need to modify
processes or City Code.

Delete.

Program 1-3 Reduce Allocation Backlog. The City shall meet with the TRPA Governing Board annually to find solutions that reduce the current backlog for residential allocations as needed.

The City participated in the revision of TRPA policy on the allocation of new residential development in the Tahoe Basin in 2014. The City has reduced the backlog for residential
allocations.

This program is no longer needed
since there is no longer an allocation
backlog.

Delete.

Program 1-4 Vacant Land Inventory. The City shall maintain an updated inventory of vacant, buildable land. The City shall make this information available to the public by providing the inventory at the Planning Department counter and on the City’s website.

The City continued to maintain a geographic information system (GIS) database of all parcels, including vacant parcels on the City’s website.

The City will continue to maintain the
information on vacant parcels as part
of their online GIS database. This
program is no longer needed as a
Housing Element program.

Delete.

Program 1-5 Development of Substandard/Underutilized
Sites. The City shall maintain an inventory of the underutilized sites with development potential identified in the Housing Element Background Report.

The City included information on underutilized sites in the Tourist Core Area Plan (2013) and the Tahoe Valley Area Plan (2015). The City has not updated this list since inclusion in the Tourist Core Area Plan and the Tahoe Valley Area Plan.

The City will continue and modify this
program to explore the feasibility of
maintaining information on
substandard/underutilized parcels as
part of their online GIS database.

Modify and continue as
Program 1-2 Development of
Substandard/Underutilized
Sites.
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Programs Implementation Status Evaluation Continue/Modify/Delete Program 1-6 Parking Best Practices. The City shall continue to research best practices for parking standards, and continue to allow more flexible parking standards for mixed-use and other housing projects on a case-by-case basis. The City’s flexible parking standards could include one or more of the following practices:
• Continuing to allow parking reductions for affordable and mixed-use projects.
• Promoting shared parking for mixed-use projects located in commercial areas.
• Allowing and encouraging affordable housing developers to unbundle parking and rent parking spaces separately from the units.
• Allowing affordable housing developers to pay an in-lieu fee to support public transportation access to the project site in place of some of the parking requirements.

The Residential Development and Design Standards, approved in March 2021, reduce parking ratios and shared parking requirements for residential development to better align parking requirements with the actual needs of residents. Multifamily parking ratios and single-family parking ratios are differentiated to meet the distinct parking demands for each type of housing.

The new standards allow for one space for studio and onebedroom units and allows further reduction with a deed restriction that requires the property owner to implement a parking management plan and holds them accountable. Deed restrictions placed on properties approved for reduced parking will allow for enforcement of parking management if necessary.

In addition, the standards require that employee parking be designated through a transit management plan, development of staggered work schedules, and other flexible parking methods.

Reduced parking requirements for
residential projects were included in
the Residential Development and
Design Standards adopted in March
2021. The parking management plan
could include public transportation
incentives, rental of parking spaces,
restrictions in leases, etc. The City has
incorporated these standards into the
Tahoe Valley Area Plan and will
incorporate them into the Tourist Core
Area Plan during the next planning
period.

Modify and continue as
Program 1-3 Parking Best
Practices.

Program 1-7 Utilizing Density Incentives. The City shall work with affordable, workforce, and other multi-family housing proponents to direct them to Community Plan or Area Plan areas where incentives are already in place to allow for the additional coverage that could enable achievement of the densities necessary to make a project “pencil out.” The City has
incorporated incentives into the recently adopted Tourist Core Area Plan and will also incorporate incentives into the Tahoe Valley Area Plan, currently in progress. The City shall produce an informational packet which describes all of the incentives for multifamily and affordable housing for extremely low-, very low-, and low-income households, including bonus units, land coverage within Community Plans, and/or density bonuses. The information will be available at the City Planning Division offices and on the City website, and the information packet will be distributed to local developers.

In addition, the City will continue to work with TRPA and other Tahoe Basin agencies toward amending Basin-wide regulations to allow the City to offer density bonuses consistent with the State Density Bonus Law (GC Section 65915, et seq.).

The City continued to encourage development within the Tourist Core and Tahoe Valley Area Plans where higher density is permitted. TRPA issues allocations for residential units to local jurisdictions biannually. The City has adopted a policy to set aside an established percentage of the allocation for
development in a Town Center. In addition, the City adopted a policy that governs the development of City-owned commodities and land. For example, developers that request to purchase development rights from the City must meet City-established criteria that prioritize development of affordable housing.

In addition, TRPA has adopted a program permitting conversion of development rights from commercial uses or tourist
accommodations to residential uses, permitting residential development on lots previously slated for commercial uses.

The City has not yet updated Title 6 to permit density bonuses consistent with state law, but the City enforces density bonus regulations pursuant to State law, as possible. TRPA has separate, different density bonus regulations, which are not consistent with State law. TRPA’s density bonus includes increases in maximum density by up to 25 percent for qualified affordable housing developments, by a factor of 2.5 for a timeshare use, and by a factor of 3 in special height districts.

TRPA has also created an income category for households with This program has been successful,
and the City will amend this program
to continue working with TRPA to
incorporate State law regarding the
density bonus within the framework of
the Regional Plan.

Modify and continue as
Program 1-4 Using Local
Incentives.
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Programs Implementation Status Evaluation Continue/Modify/Delete an income of up to 160% area median income (AMI). This new category is termed “achievable” housing, and TRPA awards bonus units (i.e., bonus unit allocations) to housing
developments that provide deed-restricted achievable units.

Given TRPA’s jurisdiction in the City of South Lake Tahoe, the City is regulated by TRPA density bonus regulations, despite the differences in the regulations, and cannot incorporate state density bonus regulations that don’t align with TRPA regulations into area plans. Therefore, City resources have not been expended to update Title 6 to include density bonus regulations.

The City intends to work with TRPA to update the regional density bonus regulations to become compliant with State density bonus law. The Area Plans and density bonus zoning regulations are posted on the City’s website.

Program 1-8 Clarifying the Development Process. The City shall continue to provide information on the City website to clarify the development process for developers/builders who are looking to construct housing in South Lake Tahoe and are unfamiliar with the process.

The City continued to meet with developers and builders to discuss the development process, including the new TRPA conversion program.

This program is ongoing and will be
continued.

Continue as Program 1-5
Clarifying the Development
Process.

Program 1-9 Clarifying How Residential-Care Facilities Are Allowed Per State Law. The City will amend the zoning code to specify that residential care facilities (group homes) for six persons or fewer are allowed by right in all residential districts.

As it is currently written, the TRPA Code of Ordinances defines residential care facilities (or “residential care”) but does not specify the number of beds, and TRPA requires a Special Use Permit (noted with an “S” in the Code).

The City has continued to work on the update of Title 6, Development Services, in the City Code, which will bring residential care facilities into conformance with State law once adopted. The City has attempted to enforce State regulation while preserving Title 6 to be consistent with TRPA regulations.

The City recognizes that recent updates to State law continue to depart from TRPA regulations, and the City commits to updating Title 6 to be fully compliant with State law. The City will adopt changes to State law into Title 6, but the process for approval by TRPA will remain the same.

Zoning is jointly adopted by the City
and TRPA. Residential Plan Area
Statements have not been amended.

The City will work with TRPA to adopt
this zoning change when TRPA next
amends the Residential Plan Area
Statements.

Modify and continue as
Program 1-6 Clarifying How
Residential-Care Facilities
Are Allowed Under State Law.
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Programs Implementation Status Evaluation Continue/Modify/Delete Program 1-10 Small Lot Consolidation. To ensure that there is a sufficient supply of multi-family zoned land to meet the City’s RHNA, the City will encourage lot consolidations to combine small residential lots into larger developable lots by meeting with local developers to discuss development opportunities and incentives for lot consolidation to accommodate affordable housing units and making applicants aware of these opportunities at the planning counter. In addition the City will allow administrative processing of lot consolidation. As developers/owners approach the City interested in lot consolidation for the development of affordable housing, the City will offer one or more of the following incentives on a project-by-project basis:
• Lessen set-backs. Note that any reduction in setbacks would require a public hearing and noticing.
• Reduce parking requirements.

The City processes lot consolidation applications ministerially.

In addition, parking requirements were reduced in the
Residential Development and Design Standards adopted in March 2021. Setback exceptions are also included in the Residential Standards. The City also modified permit
requirements for duplexes and triplexes to be ministerially reviewed, and therefore exempt from Design Review. No
specific incentives for lot consolidation were included that allowed Accessory Dwelling Units (ADUs).

The City has modified the procedure
to encourage small-lot consolidation
and intends to encourage the practice
through current procedures and
additional modifications in the future.

Modify and continue as
Program 1-7 Small Lot
Consolidation.

Program 1-11 Tahoe Valley Area Plan. The City is currently preparing the Tahoe Valley Area Plan. In addition to the City’s vision for the plan area, this plan will implement new regulations from the updated TRPA Regional Plan. As part of the planning process the City will evaluate appropriate sites for housing in the plan area and will consider allowing densities up to 25 units per acre or minimum density standards for some of the sites in the plan area.

The City has adopted the Tahoe Valley Area Plan, which now allows densities of up to 25 units per acre for multifamily residential development and 40 units per acre for tourist accommodation units.

This plan has been adopted. This
program is no longer needed.

Delete.

Program 2-1 Pursue State and Federal Funds. To support the creation of quality, affordable housing options for extremely low-, very low-, and low-income households, the City shall seek and when appropriate and feasible pursue grant opportunities for state and federal funds.

The City monitored grant opportunities and worked on
strategies to use Community Development Block Grant (CDBG) and HOME program income. The City pursued Senate Bill 2 and LEAP/REAP grant funding through the state to support planning work supporting housing objectives. Senate Bill 2 funds were used to prepare the Residential Development and Design
standards. The City was also granted LEAP funds for the Housing Element update. The City has also entered into a Memorandum of Understanding with the Sacramento Area
Council of Governments (SACOG) to obtain REAP funds that the State mistakenly allocated to SACOG rather than the City of South Lake Tahoe.

The City has also applied for and been awarded Affordable Housing and Sustainable Communities Program and
Permanent Local Housing Allocation funds in partnership with Related California for the Sugar Pine Village affordable housing This program is ongoing and will be
continued.

Modify and continue as
Program 2-1 Pursue State
and Federal Funds.
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Programs Implementation Status Evaluation Continue/Modify/Delete project. The project will provide 248 units to low-income households. The City also provided pre-development funding for this project using Redevelopment Agency and HOME
Program Income Funds. The City also provided a $1.25 million dollar loan from General Fund to Related California for the purchase of land coverage for the project.

In addition, the City is partnering with the Tahoe Coalition for the Homeless on use of CDBG Program CV-2 and CV-3 funds for rehabilitation of properties purchased with HomeKey program funds. The City anticipates applying for HOME funds this year for Sugar Pine Village.

Program 2-2 Linkage Program. The City shall analyze
appropriate fees, thresholds of significance, standards, and criteria for a linkage program, which would connect new development to the housing demand that it creates. Once the City establishes appropriate fees and standards, the City shall consider adopting a linkage ordinance, and the fees collected from the program shall be placed in a housing trust fund to provide housing for the South Lake Tahoe workforce. The City shall consider offering developers of applicable projects one or more of the following options:
• Developers shall build affordable workforce housing units. • Developers shall contribute land for the production of affordable and/or workforce housing.
• Developers shall pay an in-lieu of fee into the housing trust fund to help finance the production of affordable and/or workforce housing.
• The City shall consider offering incentives to developers participating in the program.

This program has not yet been considered by the City. However, the City has requested to fund consultant analysis of potential ongoing funding (fees, taxes, etc.) sources for housing projects/programs as part of the 2021-2022 budget
consideration. The City will have more information on the status of this effort with budget adoption in September 2021, but will continue to pursue options to study the feasibility of a linkage program regardless of 2021-2022 budget approval.

This program will be augmented to
include a new Local Funding
Feasibility Study and continued.

Modify and continue as
Program 2-11 Local Funding
Source Feasibility Study and
Linkage Program.

Program 2-3 Partnerships for Workforce Housing. The City shall continue to work with larger employers in the City (e.g., Barton Hospital, the Lake Tahoe Community College, and resorts) to develop new affordable seasonal employee housing and workforce housing opportunities for employees through publicprivate partnerships between the employers, developers, and local government.

The City continued to work with many stakeholders to develop new housing, including Lake Tahoe Community College, the Tahoe Prosperity Center, and St. Joseph Community Land
Trust. The City’s partnership with SJCLT via land donation will result in three moderate-income homes expected to begin construction in 2021. The City’s partnership with the Tahoe Prosperity Center on the 2019 South Shore Housing Needs Assessment and Action Plan generated specific regional
actions resulting in City and TRPA Code amendments to
streamline the development of housing. The City has also worked with Vail Resorts and Lake Tahoe Community College This program has been successful
and will be continued.

Modify and continue as
Program 2-2 Partnerships for
Workforce Housing.
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Programs Implementation Status Evaluation Continue/Modify/Delete through the Multifamily Inspection Program to ensure compliant housing conditions on properties used to house employees and students.

Program 2-4 Inter-Jurisdictional Cooperation for Workforce Housing. The City shall continue to meet with surrounding jurisdictions in the Tahoe Basin to discuss workforce housing issues and develop cooperative strategies that address identified workforce housing needs.

The City continued to work with TRPA and to remove regulatory barriers to the development of housing in South Lake Tahoe. In 2019, the City and TRPA partnered to produce the Tahoe
Prosperity Center South Shore Region Housing Needs and
Opportunities and Action Plan reports, which analyzes the current conditions of the housing market and defines an implementable partnership framework to improve housing
options for South Shore residents. The City has been a member of the TRPA Housing and Community Revitalization Group, established in 2020. This new TRPA initiative is developing housing action priorities to bring to the TRPA Governing Board, including code amendments related to secondary residences (Accessory Dwelling Units).

This program continues to be
important regionally and will be
continued.

Modify and continue as
Program 2-3 InterJurisdictional Cooperation for
Housing.

Program 2-5 Analysis of Federal and State Lands. The City shall continue discussing the potential for developing quality workforce and affordable housing on non-environmentally sensitive lands owned by the California Tahoe Conservancy (CTC) and the United States Forest Service (USFS). The City shall ensure that important natural resources are protected and only pursue surplus lands that these agencies have determined do not have a clear and compatible conservation or recreation purpose consistent with agency goals.

The City has worked with the California Tahoe Conservancy (CTC) to develop its asset lands. The City and CTC are
currently processing applications for 248 units of deedrestricted affordable housing, processed under SB 35. In addition, the City is working with CTC on development of an identified asset parcel with mixed-use development that will include 70 units of deed-restricted "achievable" housing (125% of AMI).

This program has been successful
and will be continued.

Modify and continue as
Program 2-4 Analysis of State
Lands.

Program 2-6 Student Housing. The City shall provide assistance to the Lake Tahoe Community College to examine the need for, and feasibility of, developing student housing. The City shall help identify opportunities for reuse of existing off-campus properties as permanent student housing. The City and college shall explore alternative management solutions to minimize the role of the College in maintaining student housing.

The City continued to support Lake Tahoe Community College (LTCC) in their planning for future student and employee housing.

The Tahoe Prosperity Center Reports state that LTCC executed a 5-year lease for 30 beds of student housing plus a Residential Assistant unit on a property about 1 mile from campus. In addition, LTCC completed a study in 2019 to evaluate the feasibility of developing student housing at the college to help LTCC move forward addressing student housing needs. The City worked with LTCC through the Multifamily Inspection Program to ensure compliant housing conditions on properties used to house students.

This program has been successful
and will be continued.

Continue as Program 2-5
Student and Faculty Housing.
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Programs Implementation Status Evaluation Continue/Modify/Delete Program 2-7 Assist Nonprofit Housing Developers. The City shall provide technical and financial support (when feasible) to local, regional, and statewide not-for-profit housing sponsors that facilitate the creation of affordable housing. Such support can include the donation of City-owned sites, the use of existing City housing programs for project clients when appropriate, the prompt processing of needed applications, and the preparation of funding applications.

The City has continued to support housing developers for developing and maintaining affordable housing, such as the 76- unit Sierra Gardens. The City also provided three City-owned parcels to St. Joseph Community Land Trust for the
development of three single-family homes for moderate-income households.

This program has been successful
and will be continued.

Modify and continue as
Program 2-6 Assist Nonprofit
Housing Developers.

Program 2-8 First-Time Home Buyer Program Administration Partnering. To support the creation of quality, affordable ownership housing, the City has historically administered the FirstTime Homebuyer program. Currently, the City does not have resources to administer the program. The City will initiate discussions with other agencies or organizations that may be able to take on the administration of a first-time homebuyer program for residents of the city.

The City discussed the potential for El Dorado County to administer the First-Time Homebuyer Program within city limits, but the County did not show interest. The City is currently working to identify additional agencies or organizations interested in administering Home Buyer Assistance Programs.

This program has not resulted in
interest in administration of a first-time
homebuyer program amongst other
agencies or organizations, but the
program remains a priority for the City.

The City will amend this program to
seek funding opportunities for City
administration of the First-Time Home
Buyer Program.

Modify and continue as
Program 2-7 Home Buyer
Program Administration
Partnering.

Program 2-9 Mitigation of TRPA Regulations. If not already addressed in the 2012 TRPA Regional Plan update and through the Tourist Core Area Plan, the City shall continue to recommend that TRPA make the following changes to reduce restrictions on affordable, workforce, and mixed-use housing developments:
• Allow mixed-use development in all Community Plans (CP), Area Plans and Plan Area Statements (PAS) that allow
commercial uses.
• Enable mixed-use projects with an affordable multi-family housing component to be developed at maximum allowable
density as if a stand-alone project rather than reducing the number of units that can be developed according to the ratio of the project area devoted to housing.
• Offer fee reductions or fee deferrals for nonprofit affordable housing projects.
• Allow bonus unit substitution to include deed-restricted workforce housing.
• Facilitate development of second units by allowing them on parcels smaller than one acre, encouraging the use of
The City worked with TRPA on the Regional Plan update, the Area Plans, a Memorandum of Understanding (MOU)
delegating permitting authority, and other planning efforts to reduce restrictions and provide incentives for affordable housing. The City now allows mixed-use development in all Community Plan and Plan Area Statement areas that allow commercial uses. The City continued to work with TRPA to remove barriers to affordable housing development. The new TRPA conversion program expands the ability to acquire bonus units from TRPA for affordable housing. TRPA now permits bonus unit substitution to include deed-restricted employee housing and ADUs and provides bonus units for all multifamily mixed-use development projects in Town or Regional Centers.

TRPA waived fees for construction of new affordable housing projects or addition and modification of existing affordable housing projects.

TRPA has updated the Code of Ordinances to allow ADUs on parcels smaller than one acre if the parcel is restricted to lower- , moderate-, or achievable-income housing. TRPA also adopted ADU regulations in 2021 that allow second units on parcels smaller than one acre with no income category conditions. In addition, while fees still apply to non-deed restricted ADUs at This program has been successful
and the City will amend this program
to continue working with TRPA to
incorporate State law regarding
density bonus, streamlined review for
housing, ADUs, and other standards
within the framework of the Regional
Plan.

Modify and continue as
Program 2-8 Mitigation of
TRPA Regulations.
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Programs Implementation Status Evaluation Continue/Modify/Delete bonus units for creation of deed-restricted affordable
second units, and reducing fees.
• Allow the subdivision of property for the development of affordable low- and moderate-income rental and owneroccupied housing. • Provide bonus units for all multi-family mixed use
development projects in Town or Regional Centers.
• Based on future changes to current TRPA regulations, the City shall explore potential incentives for affordable housing developers.
• To clarify that transitional and supportive housing are allowed without a conditional use permit or other
discretionary action in Plan Areas, Area Plan areas, and Community Plan areas that allow residential development add definitions of transitional and supportive housing to Chapter 21 of the TRPA Code of Ordinances. These uses
such uses shall be allowed in the same way and subject to the same restrictions that apply to other residential uses of the same type in the same zone. The definitions will be included as defined in Government Code Sections 65582(f), (g) and (h).
• To clarify that emergency shelters are allowed without a conditional use permit or other discretionary action in Plan Areas, Area Plan areas, and Community Plan areas that
allow Social Service Organization uses, add a definitions of emergency shelter to Chapter 21 of the TRPA Code of
Ordinances.
• Create a simple process for the conversion of TAUs to RUUs in motels providing long term (30 days or longer)
occupancies where the property meets all minimum
building, housing and property maintenance code
standards as well as limited development standards without requiring the property to meet all TRPA Code development standards.
• Create a simple process for the conversion of motels to single room occupancy (SRO) properties providing long
term (30 days or longer) rent where the property meets all minimum building, housing and property maintenance code standards as well as limited development standards without requiring the property to meet all TRPA Code of Ordinances this time, TRPA has committed to reexamining application fees for affordable housing projects.

Through TRPA’s Housing and Community Revitalization Group, the City continued to reform noticing and coverage
requirements in TRPA Code for secondary residences (ADUs).

TRPA also allows property subdivision for affordable housing development. TRPA also created a process to convert tourist accommodation units (TAUs) to residential units of use (RUUs) in motels. TRPA has also adopted a simple process for the conversion of motels to single-room occupancy (SRO)
properties providing long-term (30 days or longer) rent.

TRPA has not yet clarified that transitional and supportive housing are allowed ministerially in areas allowing residential development, and the definitions for each have not been added to the TRPA Code of Ordinances. The City recognizes that recent updates to State law continue to depart from TRPA regulations, and the City commits to updating Title 6 to be fully compliant with State law.

The Plan Area Statements, Area Plans, and Community Plans have not been explicitly updated to clarify that emergency shelters are allowed ministerially in areas that allow Social Service Organization uses nor has the definition been added to the TRPA Code of Ordinances. However, the City and TRPA have made a formal agreement to interpret the code to permit emergency shelters pursuant to State law.
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Programs Implementation Status Evaluation Continue/Modify/Delete development standards. A definition of SRO will be added to the TRPA Code of Ordinances and single room
occupancy units shall be allowed with a conditional use permit. The areas of the City where SROs will be allowed shall be determined based on the conclusions from the
TRPA process and a public process to determine the
appropriate criteria for allowing motel conversion to SROs.

Program 2-10 Public Education. The City shall continue to provide information that describes the myths and realities of multifamily and affordable housing development. Information is available on the City website, and, when needed, the City makes this presentation/slide show available to housing advocates and to developers involved in local affordable housing projects. The City shall continue to encourage local housing advocates to make presentations to local builders and developers, Chamber of Commerce, civic groups, and the local community. Additionally, the City shall publicize the Affordable Housing Resources page of the City’s website as a source of information on housing programs (e.g., brochure available at the planning counter).

The City continued to work with property owners and the public at large concerning affordable housing opportunities, including ADUs and TRPA bonus units for affordable housing. The City provided the general public with information about affordable housing through the Permit Center, planning inquiries, and the City’s website.

This program is ongoing and will be
continued.

Combine with Program 2-11
Publicize Available Programs
and continue as Program 2-9
Public Education.

Program 2-11 Publicize Available Programs. The City shall continue to publicize programs such as energy efficiency programs and state and federal funding programs currently available to South Lake Tahoe residents by making brochures available at the Planning Division offices, posting information on the City’s website, and distributing information to an e-mail contact database.

The City continued to work with property owners and the public at large concerning affordable housing opportunities, including ADUs and TRPA bonus units for affordable housing. The City provided the general public with information about affordable housing through the Permit Center, planning inquiries, and the City’s website.

This program is ongoing and will be
continued.

Combine with Program 2-10
Public Education and
continue as Program 2-9
Public Education.

Program 3-1 Rehabilitation Loan Program Administration
Partnering. The City shall continue to regularly complete an application for rehabilitation funds to serve City residents. The City has historically administered the Rehabilitation Loan Program to both single- and multi-family dwellings occupied by lower-income households. Currently, the City does not have resources to administer the program. The City will initiate discussions with other agencies or organizations that may be able to take on the administration of rehabilitation loans for residents of the city.

The City discussed the potential for El Dorado County to administer the Rehabilitation Loan Program within city limits, but the County did not show interest. The City has not identified agencies or organizations interested in administering a Rehabilitation Loan Program.

The City is interested is pursuing
establishment of a rehabilitation loan
program independent from the
County. This program will be amended
and continued.

Modify and continue as
Program 3-1 Rehabilitation
Loan Program Administration
Partnering.

Program 3-2 Multiple Family Dwelling Inspection and
Maintenance Program. Continue the Multiple Family Dwelling Inspection and Maintenance Program on multi-family projects of six units or more (or smaller projects if approved by City Council) to identify blighted and deteriorated housing stock and to provide The City continued to carry out a robust multifamily inspection program that applies to all properties with six or more units.

From 2019 through 2020, the City certified 825 multifamily units.

The City also expanded the program to inspect single-room This program has been successful
and has been expanded.

Modify and continue as
Program 3-2 Multiple-Family
Dwelling and Single-Room
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Programs Implementation Status Evaluation Continue/Modify/Delete for the rehabilitation of housing that does not meet minimum building, housing and property maintenance code standards, and site maintenance standards as well as citywide design standards, or is not safe to occupy, and further, to preserve and enhance the quality of life for residents of the city living in multi-family dwelling units.
occupancy units in hotels and motels that were being used for long-term rentals with Ordinance 1088 in 2015.

Occupancy Inspection and
Maintenance Program.

Program 3-3 Mobile Home Parks Ordinances. The City shall modify the mobile home parks ordinances to:
• Address conversion of mobile home parks to other uses (quantifying what constitutes a change of use, the definition of “cessation,” such as all or part of a park, immediately or gradually when relocation payment is required, etc.).
• Reduce the 10-acre new park requirement to a size
appropriate for development of a quality park with amenities for its residents (possibly five acres).
• Consider taking over the Title 25 mobile home park
inspection program/enforcement, while ensuring that the City can afford to do so within state-prescribed fees.
• Address design and amenities required in new and enlarged parks, such as fencing requirements.

The City continued to work on the update of Title 6,
Development Services, in the City Code, and plans to
reexamine mobile home park requirements, including design and amenities, once adopted. The new Residential
Development and Design Standards adopted in March 2021
reduced the minimum parcel size for mobile home parks from 10 to 5 acres.

The City is not considering taking over the Title 25 mobile home park inspections.

This program was partially completed
and will be amended to remove the
completed portions and consideration
of mobile home inspection
responsibilities and continued.

Modify and continue as
Program 3-3 Mobile Home
Parks Ordinances.

Program 3-4 Acquisition of At-Risk Properties. The City shall continue to provide technical and financial assistance to the St.

Joseph Community Land Trust and other nonprofit housing organizations that might be interested in, and have the capacity to, step in to acquire and rehabilitate any of the at-risk (185 units) or substandard properties to maintain, or create, long-term, affordable rental housing.

The City continued to provide technical services and work with non-profits to maintain and preserve existing subsidized rental housing in the city, such as Sierra Gardens. In 2016, the City authorized the change in ownership structure for the Sierra Garden Apartments with a California Debt Limit Allocation Committee application to refinance and rehabilitate the units. In 2019, the City approved an exception to the City’s subordination policy to allow loan refinancing for the subsidized Evergreen Apartments. Cash-out refinancing was used for property
improvements. The City also purchased a property and donated it to the St. Joseph Community Land Trust to develop with three moderate-income deed-restricted homes. These units are
currently in the permitting process.

This program has been successful
and will be continued. Recent updates
to state law will result in modifications
to this program.

Modify and continue as
Program 3-4 Preservation
and Acquisition of At-Risk
Properties.

Program 3-5 Analysis of Barriers to Motel Conversions. The City shall analyze the barriers to converting motel properties to deed-restricted, affordable housing that meets health and safety standards for long term residences.

The City conducted an analysis for motel conversion to singleroom occupancy (SRO) units and adopted an SRO ordinance to allow the use of hotel units as long-term rentals if they meet specified criteria. Since adoption, the City has certified at least 188 SRO units. Furthermore, the City also established a This program has been completed. Delete.
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Programs Implementation Status Evaluation Continue/Modify/Delete process for inspections of SRO units as part of Ordinance 1088 in 2015.

Program 3-6 Housing Condition Survey. Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing housing stock in coordination with rehabilitation and other infrastructure improvement programs.

Conduct a Housing Condition Survey prior to completion of the 6th cycle Housing Element update.

The City continued to enforce the City Codes, including Housing, Health and Safety, and City Codes, primarily through the multifamily dwelling inspection program and housing hotline.

A new Housing Condition Survey was carried out in 2019 and was used to inform the preparation of the 2022 Housing
Element update.

This program has been successfully
implemented and will be continued.

Modify and continue as
Program 3-5 Preservation of
Housing Conditions.

Program 4-1 Reasonable Accommodation and Land
Coverage. The City shall review and amend its Code of
Ordinances or prepare a written procedure to provide individuals, family members, caregivers, and/or anyone acting on behalf of the person with disabilities reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. This procedure will include but will not be limited to the existing City procedure to grant exception for carport structures for persons with disabilities. This procedure will be a ministerial process subject to approval by the Director of Development Services. The City shall also continue to work with TRPA to address any needs for accommodation by persons with disabilities for additional land coverage for necessary site improvements beyond the additional land coverage allowances for ADA improvements in Chapter 30 of the TRPA Code of
Ordinances.

The City continued to work on the update of Title 6,
Development Services, which will include a new section on reasonable accommodation, once adopted by the TRPA Code of Ordinances to be compliant with both regional regulations and state law.

This program has been successful,
and the City will amend this program
to continue working with TRPA to
incorporate state law regarding the
reasonable accommodation
procedures within the framework of
the Regional Plan.

Modify and continue as
Program 4-1 Reasonable
Accommodation and Land
Coverage.

Program 4-2 Universal Design. The City shall adopt specific universal design standards for new construction and rehabilitation to encourage accessibility to the greatest extent possible.

The City continued to work on the update of Title 6,
Development Services, which will include universal design standards and/or visitability standards once adopted.

This program has not been fully
implemented due to regulatory
barriers to implementation.

Delete.

Program 4-3 Family Housing. The City shall provide regulatory incentives (e.g., parking reductions) to developers of single-family and multi-family housing projects that include three- and fourbedroom units.

The City continued to seek additional incentives for
development of three- and four-bedroom units. The City
adopted the Residential Development and Design standards in March 2021, which allows for parking reduction on multifamily properties where a deed restriction requiring implementation of a parking management plan is in place.

This program is no longer appropriate
due to the changes in demographic
trends in South Lake Tahoe, as shown
in the Needs Assessment of the
Background Report.

Delete.

Program 4-4 Employee Housing Act Compliance. To comply
with the State Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6), the City will amend the zoning code to treat employee housing that serves six or fewer persons The City continued to work on the update of Title 6,
Development Services, which will include the definition of agricultural uses as it relates to employee housing regulations, once adopted into the TRPA Code of Ordinances, and which The City will amend this program to
continue working with TRPA to
incorporate state law regarding the
definition of agricultural uses to be
Modify and continue as
Program 4-2 Employee
Housing Act Compliance.
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Programs Implementation Status Evaluation Continue/Modify/Delete as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Section 17021.5). The zoning code will also be amended to treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted.
should be compliant with both regional regulations and state law.
considered an allowable use within the
framework of the Regional Plan to be
compliant with state law regarding
employee housing.

Program 4-5 Special Needs Housing. Work with housing
providers to ensure that special housing needs are addressed for seniors, large families, female-headed households, single-parent households with children, persons with disabilities and developmental disabilities, those with extremely low incomes, and homeless individuals and families. The City will seek to meet these special housing needs through a combination of regulatory incentives, zoning standards, new housing construction programs, and supportive services programs. Program 1-7 contains
incentives the City plans to implement. In addition, the City may seek funding under the federal Housing Opportunities for Persons with AIDS, California Child Care Facilities Finance Program, and other state and federal programs designated specifically for special needs groups such as seniors, persons with physical and developmental disabilities, and persons at risk for homelessness.

The City shall also hold discussions with surrounding jurisdictions to determine how to address the needs of homeless residents, and identify potential sites and funding sources for an emergency shelter.

The City issued an MOU and Operating Agreement with Tahoe Coalition for the Homeless for the operation of three properties purchased by Tahoe Coalition for the Homeless with HomeKey funds to provide housing for homeless persons.

The City also partnered with Tahoe Coalition for the Homeless to prepare CDBG CV-2 and CV-3 grant applications for
rehabilitation of Bear’s Den Inn, which provides beds for the homeless.

The City also partnered with Related California for the Sugar Pine Village affordable housing project, which will provide 248 units affordable to low-income households.

This program has been successful
and will be continued.

Modify and continue as
Program 4-3 Special-Needs
Housing.

Program 5-1 Housing Issues Hotline. The City shall continue to use the bilingual Housing Issues Hotline and/or other effective means to ensure the dissemination of fair housing information and available services. The City shall continue to disseminate fair housing information through radio ads, local newspapers, distribution of printed materials, and/or at community meetings.

The City shall provide appropriate follow-through in response to housing concerns and complaints through either Building Division inspections or appropriate housing referrals to:
• Existing affordable housing projects within the city. • The El Dorado County Community Services/Housing
Choice Voucher Program (when available).

The City continued to provide the bilingual Housing Issues Hotline. The City did not share fair-housing information through radio ads, local newspapers, distribution of printed materials, and/or at community meetings.

This program is ongoing and will be
continued.

Amend to address current
state fair housing law and
continue as Program 5-1 Fair
Housing.
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Programs Implementation Status Evaluation Continue/Modify/Delete • The State of California’s Landlord/Tenant Dispute line or Mobile Home Park Ombudsman.
• The Legal Services Center (low-cost legal assistance in resolving housing issues).
• The Women’s Center for transitional housing opportunities for women escaping violent situations.
• The El Dorado County Health Department.
• The California Department of Fair Housing and
Employment.

Program 6-1 Green Building Incentive Program. The City shall continue to implement its green building incentive program that rewards developers for building green projects.

The City incorporated the Green Building Incentive Program into the Tourist Core Area Plan and the Tahoe Valley Area Plan.

The City continued to provide priority access to residential allocations for earning green building certifications throughout the planning period.

This program is ongoing and will be
continued.

Modify and continue as
Program 6-1 Green Building
Incentive Program.

Program 6-2 Energy Conservation. The City shall continue to require applicants for building permits to demonstrate compliance with the state energy conservation requirements at the time building plans are submitted. Additionally, the City will consider including weatherization and energy conservation as eligible activities should housing rehabilitation efforts resume. The City will provide information and refer eligible property owners to other programs offered by Liberty Utilities and nonprofit organizations.

The City will also refer interested individuals to energy rebate and conservation assistance programs offered by others and maintain information on these programs at City Hall.

The City continued to enforce the Building Code and Green Code energy conservation regulations throughout the planning period. The City also provided information regarding energy conservation programs at the Permit Center.

The City adopted a Climate Action Plan (CAP) in 2020, which includes new policy urging the City to adopt a REACH Code.

The City will prepare an economic impact analysis of the implications for housing costs with a stricter Building Code. The City expects to prepare for this change upon adoption of the next Building Code Update. The City is currently considering incorporating the action items from adopted CAP as
appropriate:
• Partner with TRPA, neighboring jurisdictions, Lake Tahoe Unified School District, and energy providers (e.g., Liberty Utilities, NV Energy, Southwest Gas) to educate residents, second homeowners, students, lodging facilities, and
visitors about energy efficiency and conservation
practices.
• Perform outreach and provide an educational program
that highlights existing resources that low-income
This program has been successful
and will be modified to adopt
appropriate CAP action items as they
relate to housing.

Modify and continue as
Program 6-4 Energy
Conservation.
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residents can use to improve energy efficiency and save money.
• Launch a comprehensive social marketing campaign that leverages available tools from the social sciences to
influence behaviors that reduce energy demand and
promote conservation.
• Work with Liberty Utilities and Southwest Gas to continue developing and promoting free energy audit and retrofit programs, which currently support low-income
households.
• Explore the feasibility and benefits of developing a
regional energy network with other jurisdictions in the Tahoe Basin to administer the program.
• Identify key regional partners and establish a robust selfsustaining local or regional energy efficiency program. • Ensure that adequate outreach is conducted to lowincome communities for these programs. With the utilities, expand these services to all residents and businesses,
making sure to include second homeowners.
• Begin the program by providing incentives, such as
rebates for home and building controls, and then explore a transition to retrofit requirements, such as replacing old natural gas boilers with new high-efficiency models and installing solar water heating.
• Promote the installation of energy-efficient air-source heat pumps and explore the viability of ground source heat
pumps for the region.
• Explore and evaluate natural gas–fired heat pumps as an alternative heat source. Work with Liberty Utilities and Southwest Gas to provide rebates and incentives.
• Obtain third-party HVAC commissioning and verification of energy savings in HVAC systems.
• Partner with HOAs to develop residential retrofit programs to bring homes up to code. Create a program that
incentivizes existing homes to get up to energy code.

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Programs Implementation Status Evaluation Continue/Modify/Delete members. In the meantime, renewable natural gas will be incorporated into the pipeline to aid in the overall transition.

Program 7-1 Maintaining Neighborhood Character. The City shall work with project proponents and community special interest groups to integrate affordable and workforce housing into existing neighborhoods—including smaller duplex and triplex projects— while addressing local concerns and maintaining the character and environmental quality of the surrounding area.

The adopted Tahoe Valley Area Plan specifically addresses the requirement to develop consistent with existing community character through policy and design standards. The City also adopted a new chapter of Title 6 - Chapter 6.85 Residential Development and Design Standards in March 2021 to create objective design standards for the City in compliance with state law. These standards were developed with public engagement to ensure the standards are widely accepted by the community.

Single-family homes, duplexes, and triplexes, as defined by Title 6, are approved ministerially if compliant with the objective design standards.

In addition, the City adopted an ADU Ordinance in March 2021, providing standards for the development of ADUs on single- and multifamily properties throughout the city.

Furthermore, voters passed Measure P in 2020, which prohibits vacation rentals in residential zones as of 2021. Permits for vacation rentals are required to be renewed annually, and the City will continue to deny these permits on a rolling basis until all vacation rentals in residential zones have been revoked. The intent of this change to City policy is to help maintain neighborhoods for residential purposes.

This program has been successful,
and the City will amend this program
to continue working with TRPA to
implement these standards within the
framework of the Regional Plan.

Modify and continue as
Program 7-1 Maintaining
Neighborhood Character.

Program 7-2 Amenities for New Residential. The City shall modify design guidelines to address and/or include requirements for residential projects of eight units or more to include appropriate amenities. The City shall ensure that the modified guidelines do not unduly impact the cost of development and approval certainty, or otherwise unfairly burden the developer.

The City adopted the Residential Development and Design standards in March 2021, which requires amenities be provided for residential development with eight or more units.

This program has been completed. Delete.

Program 8-1 Implementation Tracking Matrix. The City shall use the Implementation Tracking Matrix (see Table HE-2) to continually track the progress of Housing Element programs.

The City tracked progress of the 2014 Housing Element. The City will continue to track implementation via the annual
progress report to the California
Department of Housing and
Community Development (HCD) and
the Implementation Tracking Matrix.

This does not need to be included as
a Housing Element implementation
program moving forward.

Delete.
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Programs Implementation Status Evaluation Continue/Modify/Delete Program 8-2 Staff Meetings. The City staff members involved in the implementation of Housing Element programs shall review progress in addressing housing issues, especially issues relating to workforce housing during weekly Planning and Building Division staff meetings.

Throughout the planning period, the City discussed projects implementing the Housing Element during Development
Review Team Meetings and weekly staff meetings.

City staff will continue to address
housing issues as needed during
meetings. This does not need to be
included as a Housing Element
implementation program moving
forward.

Delete.

Program 8-3 Reporting Housing Element Implementation. The City shall annually review and report on the implementation of Housing Element programs and the City’s effectiveness in meeting the programs’ objectives.

The City annually submitted the Annual Progress Report to review and report on Housing Element implementation and the City’s progress toward program objectives.

The City will continue to track
implementation via the annual
progress report to HCD and the
Implementation Tracking Matrix. This
does not need to be included as a
Housing Element implementation
program moving forward.

Delete.
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As shown in Table 1-1, the proposed 2022–2027 Housing Element consolidates many programs from the previous Housing Element to aid in implementation and eliminate redundancy. The following 28 amended programs are included in the proposed 2022–2027 Housing Element (Note: the following programs are modified using underline or strikeout to indicate changes to the amended programs):
 Program 1-1 Mixed Use Development. The City shall continue to create incentives (i.e., alternative parking requirements, streamlined permitting) to encourage production of housing in non-traditional (i.e., commercial) areas where residential use is appropriate to the setting and where mixed-use projects could either address job and housing needs or the desires of second homeowners. The incentives. Incentives have been included in the Tourist Core Area Plan and will be included in the Tahoe Valley Area Plan. The as well as for affordable residential development throughout the City shall provide. The City provides information regarding the incentives at City Planning Division offices and on the City City’s website, and an information packet will be distributed to local developers.  Program 1-52 Development of Substandard/Underutilized Sites. The City shall maintain an inventory of the will provide information on substandard or underutilized sites with development potential identified in the Housing Element Background Report parcels as part of the City’s online GIS database. The City will update the database annually.
 Program 1-63 Parking Best Practices. The City shall continue to research best practices for parking standards, and continue to allow more flexible parking standards for mixed-use and other housing projects on a case-by-case basis. The City’s flexible parking standards could include one or more of the following practices: The City’s objective Residential Development and Design Standards allow parking requirement reductions for studio and one bedroom units and multifamily projects that commit to parking management measures. The City will continue to strive to balance requests for parking requirement reductions to encourage housing development with environmental and safety impacts associated with a lack of sufficient parking.
o Continuing to allow parking reductions for affordable and mixed-use projects. o Promoting shared parking for mixed-use projects located in commercial Additional updates to parking standards could include one or more of the following practices:
 Allowing and encouraging Encouraging affordable housing developers to unbundle parking and rent parking spaces separately from the units.
 Allowing affordable housing developers to pay an in-lieu fee to support public transportation access to the project site in place of some of the parking requirements.  Program 1-74 Utilizing Density Using Local Incentives. The City shall work with affordable, workforce, and other multi-family multifamily housing proponents to direct them to Community Plan or Area Plan areas where incentives are already in place to allow for the additional coverage that could enable achievement of the densities necessary to make a project “pencil out.” The City has incorporated incentives into the recently adopted Tourist Core Area Plan and will also incorporate incentives into the Tahoe Valley 980
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Area Plan, currently in progress. Increased densities would allow for a larger stock of affordable housing to prevent displacement risk for residents. The City shall produce an informational packet which handout and have one, central hub on the City website that describes all of the City-offered incentives for multifamily multifamily and affordable housing for extremely low-, very low-, and low-income households, including bonus units, land coverage within Community Plans, and/or density bonuses. in addition to incentives and options offered by TRPA. The handout will briefly summarize the local incentives and provide links to the City’s website. The information will be available on the City’s website and also at the City Planning Division offices and on the City website, and the information packet will be distributed to local developers.

In addition, the City will continue to work with TRPA and other Tahoe Basin agencies as part of Program 2-8 toward amending Basin-wide regulations to allow the City to offer density bonuses and other allowances consistent with the State Density Bonus Law (GC state density bonus law (Government Code Section 65915, et seq.). This will be added to the City’s workplan to coordinate with TRPA. The City shall use its representation as a voting member on the TRPA Governing Board and the TRPA Advisory Planning Commission and its participation in specific working group efforts such as the Tahoe Living: Housing & Community Revitalization Working Group to advance these changes to TRPA regulations.  Program 1-96 Clarifying How Residential-Care Facilities Are Allowed Per Under State Law. The City will work with TRPA to amend the City and TRPA zoning code regulations to specify that residential care facilities (group homes) for six persons or fewer of all sizes are allowed by right in all residential districts. when TRPA and the City next amend the Residential Plan Area Statements. This will be added to the City’s workplan to coordinate with TRPA.
 Program 1-107 Small Lot Consolidation. To ensure that there is a sufficient supply of multi-family multifamily zoned land to meet the City’s Regional Housing Needs Allocation (RHNA,), the City will continue to encourage lot consolidations to combine small residential lots into larger developable lots by proactively reaching out to local developers (as part of Program 1-4) and meeting with local developers to discuss development opportunities and advertise incentives for lot consolidation to accommodate affordable housing units and making applicants aware of these opportunities at the planning counter. In addition, the City will continue to allow administrative processing of lot consolidation. As developers/owners approach the City interested in lot consolidation for the development of affordable housing, the City will offer one or more of the following local incentives on a project-by-project basis given property owners’ and developers’ needs:
o Lessen set-backs. Note that any reduction in setbacks would require a public hearing and noticing. o Reduce parking requirements.
o Continue to discuss consolidation opportunities with property owners of adjacent parcels identified in Appendix A. This incentive is currently in place.
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o Implement a process to guide property owners through the lot consolidation (lot line adjustment) application process, and waive the fee for this particular entitlement when the resulting project includes deed-restricted affordable units.
o Continue to assist property owners in identifying and applying for financial resources for projects which incorporate affordable units. This incentive is currently in place.  Program 2-1 Pursue State and Federal Funds. To support the creation of quality, affordable housing options for extremely low-, very low-, and low-, and moderate-income households, the City shall seek and when appropriate and feasible pursue grant opportunities for state and federal funds. The City will prioritize use of these funds to encourage construction of lower- and moderate-income housing in Town Centers near services and amenities and integrate lower- and moderate-income housing into neighborhoods determined to be Racially or Concentrated Areas of Affluence (RCAA).  Program 2-32 Partnerships for Workforce Housing. The City shall continue to work with larger employers in the City (e.g., Barton Hospital, the Lake Tahoe Community College, Lake Tahoe Unified School District, and resorts) to develop new affordable seasonal employee housing and workforce housing opportunities for employees through public-private partnerships between the employers, developers, and local government, prioritizing sites close to employment centers. The City will work with the larger employers on a pilot program to develop a model policy for employers to provide first month’s rent and rental deposit, which would be re-paid through payroll deduction, to remove barriers to access for lower and moderate-income households and thus promote housing mobility. Outreach efforts will be made with employers to provide education and to gather information to help create the program. The City will establish the guidelines for the policy that each employer would comply with to standardize how the employer, landlords and employee/tenant would enter into an agreement. The City will also recruit employers to participate once the policy is established.

Additional partnerships with large employers will be considered, such as:
o Partnering with property management companies to provide employers notification and first right of refusal as units become available.
o Making the homebuyer programs available to employees. o Providing financial assistance or other support to employees that initially need to rent upon relocation to the city.
 Program 2-43 Inter-Jurisdictional Cooperation for Workforce Housing. The City shall continue to meet with surrounding jurisdictions in the Tahoe Basin, TRPA, and other organizations to discuss workforce housing issues and develop cooperative strategies that address identified workforce housing needs. This shall include meeting regularly with regional groups and other specific efforts. The outcomes of these future meetings should build regional capacity to identify State and regional grant opportunities and inform the City’s future Housing Element policies and programs. 982
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 Program 2-54 Analysis of Federal and State Lands. The City shall continue discussing the potential for developing quality workforce and affordable housing on non-environmentally sensitive lands owned by the California Tahoe Conservancy (CTC) and the United States Forest Service (USFS), through the Tahoe Livable Communities program, and other state and federal agencies as opportunities arise. The City shall meet with CTC on a regular basis to discuss opportunities for land transfers or partnerships to develop quality workforce and affordable housing. The City shall ensure that important natural resources are protected and only pursue surplus lands that these agencies have determined do not have a clear and compatible conservation or recreation purpose consistent with agency goals. The City shall also coordinate housing efforts with local, regional, and statewide fire safety and transit efforts to ensure housing is safe and accessible.
 Program 2-76 Assist Nonprofit Housing Developers. The City shall provide technical and financial support (when feasible) to local, regional, and statewide not-for-profit housing sponsors that facilitate the creation of affordable housing, prioritizing projects that locate affordable housing in Town Centers near services and amenities and prioritizing projects that integrate affordable housing into affluent neighborhoods. Such support can include the donation of City-owned sites, the use of existing City housing programs for project clients when appropriate, the prompt processing of needed applications, and the preparation of funding applications.
 Program 2-211 Local Funding Source Feasibility Study and Linkage Program. The City shall analyze appropriate fees, The City shall conduct a feasibility study to explore local funding options to support affordable housing projects and programs. The City released a Request for Proposals in March 2022 for partnership with an external consultant to conduct this feasibility study, and the City will initiate solicitation and contracting with other agencies and organizations to assist the City in conducting this study. Examples of options to pursue include vacancy tax, housing transfer tax, sales tax, transient occupancy tax, linkage fees, impact fees, inclusionary housing in-lieu fees, and housing investment or trust funds. In addition, the City shall analyze thresholds of significance, standards, and criteria for a linkage program, which would connect new development to the housing demand that it creates. Once the City establishes appropriate fees and standards, the City shall consider adopting a linkage ordinance, and the fees The City shall consider a linkage program ordinance that would require development to mitigate housing impacts. Revenues collected from for the program ordinance shall be placed in a housing trust fund to provide housing and associated childcare for the South Lake Tahoe workforce, particularly in high opportunity areas such  as Town Centers and east of Ski Run Boulevard. The City shall consider offering developers of applicable projects one or more of the following options Based on the results and recommendations from the study, the City will choose one or more implementation measures which may include one of the following options below:
o Developers shall build affordable workforce housing units. o Developers shall contribute land for the production of affordable and/or workforce housing. o Developers shall pay an in-lieu of fee into the housing trust fund to help finance the production of affordable and/or workforce housing.
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o The City shall will consider offering incentives to developers participating in the program.  Program 2-87 First-Time Home Buyer Assistance Program Administration Partnering. To support the creation of quality, affordable ownership housing, the City has historically administered the First-Time Homebuyer program. Currently, the City does not have resources to administer the program. The City has initiate initiated discussions with other agencies or and organizations that may be able to take on the administration of a first-time homebuyer and/or moderate income homebuyer program for residents of the city. The City released a Request for Proposals in March 2022 for partnership with an external consultant to administer a moderate-income homebuyer program, and the City will initiate solicitation and contracting with other agencies and organizations to assist the City in administering the program. As part of this program, the City will conduct outreach to lower-income communities to promote the program and lower-income household homeownership opportunities in high resource areas.  Program 2-98 Mitigation of TRPA Regulations. If not already addressed in the 2012 TRPA Regional Plan update and through the Tourist Core Area Plan, the The City shall continue to recommend that TRPA make the following advocate for changes to TRPA regulations in order to reduce restrictions on affordable, workforce, and mixed-use housing developments. The City shall use its representation as a voting member on the TRPA Governing Board and the TRPA Advisory Planning Commission and its participation in specific working group efforts such as the Tahoe Living: Housing & Community Revitalization Working Group to advance TRPA Code Amendments and Area Plans that will reduce the following barriers to housing development. There are three categories for actions that will take place as part of this program, divided by the approval requirements and associated timing: 1) Amendments to the TRPA Code of Ordinances, 2) New Area Plan for areas currently regulated by Plan Area Statements, and 3) New Area Plan for areas currently regulated by Plan Area Statements and amendments to existing area plans. Timing is included in each category below.
o Allow mixed-use development in all Community Plans (CP), Area Plans and Plan Area Statements (PAS) that allow commercial uses.
1) Amendments to the TRPA Code of Ordinances
Amendments to the TRPA Code of Ordinances are adopted by ordinance upon the TRPA Governing Board finding that the amendments will not have a significant effect on the environment, will not adversely affect implementation of the Regional Plan, and will not cause the environmental threshold carrying capacities to be exceeded. Code Amendments are considered for recommendation by the TRPA Advisory Planning Commission and Regional Plan Implementation Committee at public hearings and final adoption by the Governing Board at a public hearing. The City will initiate a proposal for the following Code of Ordinance amendments pursuant to TRPA Rules of Procedure Section 4.8 by December 2024. Adoption of all amendments by TRPA is expected within two years of the City initiating the proposal by December 2026. The bullets below show the actions that will happen within two years of initiating the proposal.
o Allow the City to offer density bonuses and other allowances consistent with the state density bonus law (Government Code Section 65915, et seq.). This will be added to the City’s workplan to coordinate with TRPA. See more information about this item in Program 1-4. 984
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o Provide individuals, family members, caregivers, and/or anyone acting on behalf of the person with disabilities reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing as feasible in accordance with State law. This will be added to the City’s workplan to coordinate with TRPA. See more information about this item in Program 4-

1. o Enable mixed-use projects with an affordable multi-family multifamily housing component to be developed at maximum allowable density as if a stand-alone standalone project rather than reducing the number of units that can be developed according to the ratio of the project area devoted to housing in all areas where mixed-use projects are permitted.
o Offer fee reductions or fee deferrals for nonprofit affordable housing projects. o Allow bonus unit substitution to include deed-restricted workforce housing. o Accessory Dwelling Units and Junior Accessory Dwelling Units  Facilitate development of second units ADUs by allowing them on parcels smaller than one acre, encouraging the use of bonus units for creation of deed-restricted affordable second units, and reducing fees for ADUs.
 Allow the subdivision of property bonus units to be used for the ADU development of affordable low-without restriction on affordability.  Allow conversion of existing space to an ADU (e.g., JADU or existing approved accessory living facility over a garage) and moderate-income rental and owneroccupied housing exempt this type of unit from requiring an allocation, Potential Residential Units of Use, or bonus units.
 Continue to work with HCD on their review of the City’s ADU ordinance. If revisions are found to be necessary, the City will make revisions to bring their ADU ordinance into compliance with State law. The City will revise their ADU ordinance within one year of receipt of the HCD response letter to their ADU ordinance.  The timing for this action is dependent on receiving HCD review of the City’s ADU ordinance so may not align exactly with the timing described in the introductory paragraph for Sub-list 1) of actions.
o Provide bonus units for all multi-family mixed use development projects in Town or Regional Centers. o Based on future changes to current TRPA regulations, the City shall explore potential incentives for affordable housing developers.
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2) New Area Plan for areas currently regulated by Plan Area Statements Area Plans are a component of the TRPA Regional Plan. Area plans are created by local governments and may be approved by TRPA if they contain policies and development ordinances that are consistent with and further the goals and policies of the Regional Plan. The TRPA Code of Ordinances specifies required Area Plan content sufficient to demonstrate that the Area Plan, together with TRPA ordinances that remain in effect, are consistent with and conform to TRPA’s Goals and Policies and all other elements of the Regional Plan. Area Plans allow for the adoption of standards that supersede standards of the Regional Plan in comprehensive coverage management, parking strategies, area-wide water quality treatment, development right transfer ratios, site design, building design, landscaping, lighting, and signage. Area Plans may also include residential density and building heights in Town Centers up to maximums specified in TRPA Code.

Area Plans must be developed consistent with procedures established by TRPA and are considered for recommendation by the TRPA Advisory Planning Commission and Regional Plan Implementation Committee at public hearings with final adoption by the Governing Board at a public hearing. Area Plans must be approved by the City prior to TRPA consideration. Adoption by both the City and TRPA is required for the Area Plan to be effective.

The City will initiate the development of a new Area Plan that encompasses all of the residential areas currently regulated by Plan Area Statements by December 2022 with a target for City adoption by December 2023. Adoption by TRPA is anticipated within six months of City adoption.

The new Residential Area Plan will include:
o Increase allowed maximum residential density in zones that currently allow 8 dwelling units per acre to allow 15 dwelling units per acre.
3) New Area Plan for areas currently regulated by Plan Area Statements and amendments to existing area plans
The following regulatory changes will also be incorporated into the New Residential Area Plan and will be addressed through amendments to the existing Tourist Core and Tahoe Valley Area Plans.

Amendments to existing Area Plans are subject to the same procedures and adoption criteria as new Area Plans.

The City will initiate the development of a new Area Plan that encompasses all of the residential areas currently regulated by Plan Area Statements and amendments to existing Area Plans by December 2022 with a target for City adoption by December 2023. Adoption by TRPA is anticipated within six months of City adoption. The new Residential Area Plan and existing Area Plan amendments will include:
o Specify that residential care facilities (group homes) of all sizes are allowed by right in all residential districts. This will be added to the City’s workplan to coordinate with TRPA. See more information about this item in Program 1-6.
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o Amend definitions to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone. This will be added to the City’s workplan to coordinate with TRPA. See more information about this item in Program 4-2.
o To clarify that transitional and supportive housing are allowed without a conditional use permit or other discretionary action in Plan Areas, Area Plan areas, and Community Plan areas that allow residential development, add definitions of transitional and supportive housing to Chapter 21 of the TRPA Code of Ordinances. These uses such uses shall be allowed in the same way and subject to the same restrictions that apply to other residential uses of the same type in the same zone. The definitions will be included as defined in Government Code Sections 65582(f), (g) and (h).g), (i), and (j). In addition, per Assembly Bill (AB) 2162, the law requires that supportive housing be allowed without discretionary review in areas zoned for residential use in zones where multifamily and mixed uses are permitted, including in nonresidential zones permitting multifamily uses. This will be added to the City’s workplan to coordinate with TRPA.
o To clarify that emergency shelters are allowed without a conditional use permit or other discretionary action in Plan Areas, Area Plan areas, and Community Plan areas that allow Social Service Organization uses, add a definitions definition of emergency shelter to Chapter 21 of the TRPA Code of Ordinances. Per AB 101, California law requires that low-barrier navigation centers for the homeless be allowed without discretionary review in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. This will be added to the City’s workplan to coordinate with TRPA. o Create a simple process for the conversion of TAUs to RUUs in motels providing long term (30 days or longer) occupancies where the property meets all minimum building, housing and property maintenance code standards as well as limited development standards without requiring the property to meet all TRPA Code development standards.
o Create a simple process for the conversion of motels to single room occupancy (SRO) properties providing long term (30 days or longer) rent where the property meets all minimum building, housing and property maintenance code standards as well as limited development standards without requiring the property to meet all TRPA Code of Ordinances development standards. A definition of SRO will be added to the TRPA Code of Ordinances and single room occupancy units shall be allowed with a conditional use permit. The areas of the City where SROs will be allowed shall be determined based on the conclusions from the TRPA process and a public process to determine the appropriate criteria for allowing motel conversion to SROs.
 Program 3-1 Rehabilitation Loan Program Administration Partnering. The City shall continue to regularly complete an application for develop a housing rehabilitation funds program to serve City city residents. The City has historically administered the Rehabilitation Loan Program to both single- and multifamily dwellings occupied by lower-income households. Currently, the City does not have resources to administer the program. The City will initiate discussions with other agencies or organizations that may be able to take on the administration of rehabilitation loans for residents of the city.in order to incentivize 987
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improved housing conditions, harden homes against wildfire threats, and make energy efficiency upgrades while maintaining affordability and reducing displacement risk against substandard housing conditions.

Within 3 months of developing the program, the City will provide printed informational flyers in City buildings and post information on the City’s website for all residents to access. The City will also prioritize marketing of this program in areas of concentrated rehabilitation need, such as the Tahoe Sierra neighborhood, and areas of concentrated poverty, such as the area east of Ski Run Boulevard by making flyers available in community gathering spots such as libraries or grocery stores at least annually.  Program 3-2 Multiple--Family Dwelling and Single-Room Occupancy Inspection and Maintenance Program. Continue the Multiple Family Dwelling Inspection and Maintenance Program on multi-family projects of six units or more (or smaller projects if approved by City Council) and singleroom occupancy (SRO) units in hotels and motels to identify blighted and deteriorated substandard housing stock and to provide for the rehabilitation of housing that does not meet minimum building, housing, and property maintenance code standards, and site maintenance standards as well as citywide design standards, or is not safe to occupy, and further, to preserve and enhance the quality of life for residents of the city living in multi-family dwelling units. The City continues to successfully conduct inspections each year on all housing units that are subject to these program requirements. Units inspected under this program are distributed geographically in all areas of the city.
 Program 3-3 Mobile Home Parks Ordinances. The City shall modify the mobile home parks ordinances to:
o Address conversion of mobile home parks to other uses (quantifying what constitutes a change of use, the definition of “cessation,” such as all or part of a park, immediately or gradually when relocation payment is required, etc.).
o Reduce the 10-acre new park requirement to a size appropriate for development Require mitigation of a quality park housing loss associated with amenities for its residents (possibly five acres). o Consider taking over the Title 25 mobile home park inspection program/enforcement, while ensuring that the City can afford to do so within state-prescribed fees. o Address design conversions and amenities required in new and enlarged parks, such as fencing requirements/or demolitions.
 Program 3-4 Preservation and Acquisition of At-Risk Properties. The City shall continue to provide technical and financial assistance to the St. Joseph Community Land Trust and other nonprofit housing organizations that might be interested in, and have the capacity to, step in to acquire and rehabilitate any of the at-risk (185 units) assisted or substandard properties to maintain, or create, long-term, affordable rental housing. The City may consider adopting a policy that prioritizes local residents for housing rehabilitation services.
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The City will monitor the list of all dwellings in the city that are subsidized by government funding or lowincome housing developed through local regulations or incentives. The list will include, at least, the number of units, the type of government program, and the date on which the units are at risk to convert to market rate. The City did not identify any units at risk of converting to market rate within 10 years of the beginning of the sixth-round Housing Element planning period. The City has over 300 subsidized units, and the City will work to reduce the potential conversion of any units to market rate through the following actions:
o Monitor the status of affordable projects, rental projects, and mobile homes in South Lake Tahoe.

Should the property owners indicate the desire to convert properties, consider providing technical and financial assistance, when possible, to ensure long-term affordability. o If conversion of units is likely, work with local service providers to subsidize the at-risk units to ensure continued affordability. Funding sources may include state or local sources. o Pursuant to California law (Government Code Sections 65853.10, 65863.11, and 65863.13), owners of deed-restricted affordable projects are required to provide notice of restrictions that are expiring to all prospective tenants, existing tenants, and the City at 3 years, 12 months, and 6 months before the scheduled expiration of rental restrictions. In addition, the City or owner will provide notice to HUD, the California Department of Housing and Community Development (HCD), the El Dorado County Housing Authority, and the local legal aid organization. Owners shall also refer tenants of at-risk units to educational resources regarding:
 Tenant rights
 Conversion procedures
 Information regarding Section 8 rent subsidies
 Any other affordable housing opportunities in the city In addition, notice shall be required prior to conversion of any units to market rate for any additional deedrestricted lower-income units that were constructed with the aid of government funding, that were part of a project granted a density bonus, or that were part of a project that received other incentives.

If a development is offered for sale, HCD must certify persons or entities that are eligible to purchase the development and to receive notice of the pending sale. Placement on the eligibility list will be based on experience with affordable housing.

When necessary, the City shall continue to work with property owners of deed-restricted affordable units who need to sell within 45 years of initial sale. When the seller is unable to sell to an eligible buyer within a specified time period, equity-sharing provisions are established (pursuant to the affordable housing agreement for the property), whereby the difference between the affordable and market values is paid to the City to eliminate any incentive to sell the converted unit at market rate. Funds generated would be used 989
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to develop additional affordable housing in the city. The City shall continue tracking all residential projects that include affordable housing to ensure that the affordability is maintained for at least 45 years for owneroccupied units and 55 years for rental units, and that any sale or change of ownership of these affordable units prior to satisfying the 45- or 55-year restriction shall be “rolled over” for another 45 or 55 years to protect “at-risk” units.
 Program 3-65 Preservation of Housing Conditions Survey. Continue to enforce City building, fire, health, and zoning codes to remedy existing pockets of blight and deterioration to conserve and improve the condition of existing housing stock in coordination with rehabilitation and other infrastructure improvement programs. Conduct a Housing Condition Survey prior to completion of the 6th cycle Housing Element update. In order to reduce displacement risk resulting from substandard housing conditions, the City will provide information on rehabilitation assistance programs to eligible households found in violation of City codes particularly in lower resource areas of the city.  Program 4-1 Reasonable Accommodation and Land Coverage. The City shall review complete the process of reviewing and amend amending its Code of Ordinances or prepare a written procedure to provide individuals, family members, caregivers, and/or anyone acting on behalf of the person with disabilities reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. as feasible in coordination with TRPA. This will be added to the City’s workplan to coordinate with TRPA. This procedure will include, but will not be limited to, the existing City procedure to grant exception for carport structures for persons with disabilities and other uncodified City process for reasonable accommodation. This procedure will be a ministerial process subject to approval by the Director of Development Services. The City shall also continue to work with TRPA to facilitate reasonable accommodation requests within the framework of the Regional Plan to address any needs for accommodation by persons with disabilities for additional land coverage for necessary site improvements beyond the additional land coverage allowances for Americans with Disabilities Act (ADA) improvements in Chapter 30 of the TRPA Code of Ordinances.
 Program 4-42 Employee Housing Act Compliance. To comply with the State Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6), the City will continue working with TRPA on definitions in their regulations and amend the City’s zoning code to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other single-family structures of the same type in the same zone (Section 17021.5). This will be added to the City’s workplan to coordinate with TRPA. The zoning code will also be amended to treat employee housing consisting of no more than 12 units or 36 beds as an agricultural use and permitted in the same manner as other agricultural uses in the same zone (Section 17021.6) in zones where agricultural uses are permitted. The City is in compliance with the rest of the Employee Housing Act (Sections 17021.6 and 17021.8) as there are no agricultural zones or uses in the City.
 Program 4-53 Special Needs Housing. Work with housing providers to ensure that special housing needs are addressed for seniors, large families, female-headed households, single-parent households with children, persons with disabilities and developmental disabilities, those with extremely low incomes, and 990
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homeless individuals and families. The City will seek to meet these special housing needs through a combination of regulatory incentives, zoning standards, new housing construction programs, and supportive services programs. The City will conduct outreach to affordable housing developers and service providers annually to identify and pursue development opportunities, in tandem with developer outreach conducted as part of Program 1-4. Program 1-75 contains additional incentives the City plans to implement. In addition, the The City may also seek funding under the federal 202 Senior Housing ProgramSupporting Housing for the Elderly Opportunities for Persons with AIDS, California Child Care Facilities Finance Program, California Homebuyer’s Assistance Program, and other state and federal programs designated specifically for special needs groups such as seniors, extremely low-income households, persons with physical and developmental disabilities, and persons at risk for homelessness as determined by the needs in the community.

The City shall also hold discussions with surrounding jurisdictions to determine how to address the needs of homeless residents, and identify potential sites and funding sources for an emergency shelter. The City shall also meet with at least one organization that provides services to persons with developmental disabilities and/or the Alta California Regional Center by June 2023 to identify specific strategies to address displacement risk and homeless services specifically for persons with developmental disabilities.  Program 5-1 Fair Housing Issues Hotline. The. To comply with AB 686, the City shall continue will implement the following actions:
o Implement the following previously identified programs to affirmatively further fair housing:
 Place-based revitalization strategies: Programs 1-2, 3-1, 3-2, and 3-5  Strategies to facilitate housing mobility: Programs 11-1, 1-7, 2-2, 2-7, and 2-11  Strategies to expand affordable housing in high opportunity areas, such as Town Centers and east of Ski Run Boulevard: Programs 1-1, 1-7, 2-2, 2-6, 2-7, and 2-11  Strategies to reduce or prevent displacement risk: Programs 1-1, 1-4, 2-2, 2-4, 2-6, 2-11, 3-2, 3-5, 3-8, 4-1, and 4-4
o Continue to use the bilingual City’s Housing Issues Hotline and/or other effective means to ensure the dissemination of website to distribute information on fair housing information and available services, updating annually, or as needed. The City shall continue to disseminate fair housing information through radio ads, local newspapers, distribution of will also distribute printed materials, and/or at least annually at community meetings, prioritizing distribution in higher need areas,. The and make available in City shall provide buildings. Meet annually with fair housing providers to discuss local fair housing issues and concerns.
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address through inspections or, as appropriate housing referrals to:. Meet annually with fair housing providers to discuss local fair housing issues and concerns, identifying strategies to increase fair housing enforcement in key areas, particularly in higher need areas of the city, as needed. o Existing affordable housing projects within the city. o The El Dorado County Community Services/Housing Choice Voucher Program (when available). o The State of California’s Landlord/Tenant Dispute line or Mobile Home Park Ombudsman. o The Legal Services Center (low-cost legal assistance in resolving housing issues). o The Women’s Center for transitional housing opportunities for women escaping violent situations. o The El Dorado County Health Department.
o The California Department of Fair Housing and Employment. o Continue the Housing Issues Hotline service to assist residents with substandard housing and fair housing concerns. Assist at least 30 residents annually through the hotline service. If fewer than 30 residents use the hotline service, provide assistance to all that do. o Ensure that projects needed to develop infrastructure improvements to support housing and residents without vehicles will continue to be included in the City's Capital Improvement Plan. In addition, ensure that the transportation infrastructure projects in the Capital Improvement Plan prioritize areas where sites with lower-income units are identified and incorporate place-based strategies to establish equity amongst infrastructure improvements. Identify at least 3 infrastructure projects that support these strategies, as needed, in each update to the Capital Improvement Plan. o Ensure that projects needed to develop infrastructure improvements to support housing and residents without vehicles will continue to be included in the City's Capital Improvement Plan. o Meet with Lake Tahoe Unified School District by May 2023 to determine what, if any, outside factors impede student performance that can be alleviated, such as stable housing opportunities, childcare opportunities for working parents, access to before and after-school resources and events, and more.

If such a need for such a program or specific issues are identified, the City will pursue solutions, which may include:
 Meeting with developers to identify sites suitable for housing affordable on a teacher salary;  Facilitating coordination between school districts and transit agencies to increase the availability of bussing and transportation (including safe routes to schools and potentially covering transportation costs), as needed, for students to/from school, childcare, athletic events, or other school programs;
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o By December 2022, send mailers or virtual information to landlords and property managers about the Housing Choice Voucher (Section 8) program and avoiding discriminatory practices based on income or other protected classes. Include information about the benefits on advertising their units to voucher holders. Resend information annually and coordinate with the Public Housing Authority of El Dorado County to track whether the number of available units has increased. The intent of this outreach is to encourage landlords and property managers to increase the supply of units available to Section 8 participants by at least 30 and reduce complaints about source of income discrimination by at least 50 percent over the course of the planning period.
o Conduct targeted outreach to underrepresented and underserved groups by recruiting them to participate in the planning process and apply to committees by, at least annually, coordinating with service providers, sending recruitment information to community groups or organizations, and posting information in public locations such as grocery stores. Encourage at least three representatives from underserved groups to apply for each open committee.
o Promote the availability of multilingual resources by ensuring that City-provided services and materials are available in languages other than English or that they make clear the availability of interpretation or translation services. Translate materials and make them available by December 2022. o The City will take the following actions to reduce displacement risk due to environmental disasters, and to aid in measures to reduce flood and fire insurance costs that present displacement risk:
 Maintain information on organizations and programs that are available to landowners to assist them in meeting defensible space goals and taking other steps that may decrease flood and fire insurance rates to reduce disaster displacement risk. These programs may include the National Fire Protection Association's Firewise USA program and CalFire's Landowners Assistance and wildfire preparedness informational tools. Provide links to these resources on the City's website by October 2022 and update annually, or as programs change or new programs become available.  Program 6-1 Green Building Incentive Program. The City shall continue to implement its green building incentive program that rewards developers for building green projects. The City shall also evaluate opportunities to provide additional incentives for green building projects.  Program 6-24 Energy Conservation. The City shall continue to require applicants for building permits to demonstrate compliance with the state energy conservation requirements at the time building plans are submitted. Additionally, the City will consider including weatherization and energy conservation as eligible activities should housing rehabilitation efforts resume. The City will provide information and refer eligible property owners to other programs offered by Liberty Utilities and nonprofit organizations. The City and will also refer interested individuals to energy rebate and conservation assistance programs offered by others and maintain information on these programs at City Hall.  Program 7-1 Maintaining Neighborhood Character. The City shall work with project proponents and community special interest groups to integrate affordable and workforce housing into existing 993
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neighborhoods—including smaller duplex and triplex projects duplexes, triplexes, and accessory dwelling units—while addressing local concerns and maintaining the character and environmental quality of the surrounding area. The City will also work with TRPA to implement these objectives within the framework of the Regional Plan.

Program 2-10 Public Education and Program 2-11 Publicize Available Programs were combined and amended as one program – Program 2-9 Public Education:
 Program 2-9 Public Education.

The City shall continue to provide information that describes the myths and realities of multifamily and affordable housing development. This will include promoting ADUs as a housing option in the city. The City will also continue to publicize programs, such as energy-efficiency programs and state and federal funding programs currently available to South Lake Tahoe residents. Information is available on the City’s website and, when needed, the City makes the presentation/slide show on myths and realities of multifamily and affordable housing development available to housing advocates and to developers involved in local affordable housing projects. The City shall continue to encourage local housing advocates to make presentations to local builders and developers, Chamber of Commerce, civic groups, and the local community. Additionally, the City shall publicize the Affordable Housing Resources page of the City’s website as a source of information on housing programs, in addition to providing information in response to inquiries via phone, email, and at the Permit Center.

The following 17 programs are new to the City and are included in the proposed 2022–2027 Housing Element:
 Program 1-8 Housing Element Implementation Progress
The City shall annually conduct a public workshop or public meeting to discuss progress on housing programs and to solicit feedback.
 Program 2-10 Moveable Tiny Homes.

The City will consider City Code amendments to allow tiny homes on wheels/on a chassis and work with TRPA to provide this type of housing as an option in residential areas of the city.  Program 2-11 Local Funding Source Feasibility Study and Linkage Program.

The City shall conduct a feasibility study to explore local funding options to support affordable housing projects and programs. The City released a Request for Proposals in March 2022 for partnership with an external consultant to conduct this feasibility study, and the City will initiate solicitation and contracting with other agencies and organizations to assist the City in conducting this study. Examples of options to pursue include vacancy tax, housing transfer tax, sales tax, transient occupancy tax, linkage fees, impact fees, inclusionary housing in-lieu fees, and housing investment or trust funds. In addition, the City shall analyze thresholds of significance, standards, and criteria for a linkage program, which would connect new development to the housing demand that it creates. The City shall consider a linkage program ordinance that would require development to mitigate housing impacts. Revenues collected for the ordinance shall be placed in a housing fund to provide housing and associated childcare for the South Lake Tahoe workforce. 994
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Based on the results and recommendations from the study, the City will choose one or more implementation measures which may include one of the following options below:
o Developers build affordable workforce housing units.
o Developers contribute land for the production of affordable and/or workforce housing. o Developers pay an in-lieu fee into the housing trust fund to help finance the production of affordable and/or workforce housing.
o The City will consider offering incentives to developers participating in the program.

Program 2-12 Inter-Agency Housing Program Coordination.

The City shall work with housing providers, managers, and non-profits to build capacity to administer and monitor affordable housing programs. These efforts should include:
o Identify the primary management organization or person that would lead administration of programs.

Identifying funding to support this work.
o Consider contracting with additional organizations to provide housing services and information for special-needs groups within the city.
o Meet with organizations to identify sites for affordable housing and provide technical assistance, when requested, in identifying funding to subsidize units.
o Conduct outreach to local housing developers annually to advertise sites identified for affordable housing.
 Program 2-13 Streamline Affordable Housing.

The City has updated its zoning regulations to comply with Senate Bill 35 to streamline affordable housing development. The City will continue to implement and advertise streamlined ministerial review for housing projects in compliance with objective development and design standards.  Program 2-14 Tax Credit Allocation Map Process
The City shall participate in state processes to provide input on the TCAC Opportunity Areas mapping with the goal of improving the mapping accuracy in identifying low, moderate and high opportunity areas.  Program 2-15 Rental Assistance Program
The City shall seek funding to establish a rental assistance program. The rental assistance program would provide financial assistance for initial rental deposits for lower-income households in South Lake Tahoe.

Renters in the program would gradually repay the deposit to the City in installments as part of a preestablished payment plan.  Program 3-6 Replacement of Lost Units from Residential Demolitions. 995
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In accordance with California Government Code Section 65583.2(g), the City will require replacement housing units subject to the requirements of California Government Code Section 65915(c)(3) on sites identified in the sites inventory when any new development (residential, mixed-use, or nonresidential) occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years.
 Program 3-7 Monitoring Impacts of Vacation Home Rentals on Long-Term Rental Supply.

South Lake Tahoe voters approved Measure T in late 2018 to prohibit vacation home rentals in many areas of the city where they were previously allowed. Full implementation of Measure T began in 2021 when all existing vacation home rental permits in residential areas expired. The City will monitor the effects of limiting vacation home rentals during the course of the Housing Element planning period as the impacts unfold after 2021. The City shall continue enforcement of Measure T regulations and will report to the City Council on any identifiable impacts to the supply and cost of long-term rental housing by the end of 2023.
 Program 3-8 Multifamily Acquisition and Rehabilitation Program.

The City will partner with organizations, employers, and non-profits to establish a multifamily acquisition and rehabilitation program to increase quality of housing for low-income residents and ensure long-term affordability. The City will encourage acquisition of multifamily housing in areas of concentrated affluence and outside of areas with concentrations of existing affordable housing to promote housing mobility and affordability in high income neighborhoods.
 Program 3-9 Landlord/Tenant Matching Program.

Continue the program to incentivize long-term rental of second homes and spare rooms to promote the availability of low- and moderate-income rental housing for existing employees in the city. The City has been conducting a multi-faceted marketing campaign through press releases, internet-based outreach, media outreach/interviews, direct mailing to property owners and with advertisements published in the local paper of general circulation.
 Program 3-10 Mobile Home Park Preservation.

The City shall promote the longevity and quality of life at existing and new mobile home parks by:
o Codifying regulations for mobile home park conversions. o Evaluating TRPA’s restrictions on the reuse of any residential units of use that originate from a mobile home park and considering their reuse for workforce housing. o Reviewing City regulations for new and enlarged mobile home parks to consider adding design, fencing, and amenity requirements and requiring an affordability assessment. o Conducting an inventory of mobile home parks to identify those that are most desirable or feasible for long-term preservation.
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o Work with HCD Mobilehome and Special Occupancy Parks Program to gather and maintain data on resident complaints, inspections and code violations.
o Targeting mobile home parks for park-wide infrastructure improvements or select coach rehabilitation or replacement.
 Program 4-4 Childcare and Intergenerational Facilities.

Consider establishing a program to address the following housing needs in the city:
o Affordable housing developments that include on-site childcare. o Promoting intergenerational facilities.

After studying these options, determine whether a program will be established and establish and publicize program if initiated.
 Program 4-5 Definition of Family
Update the definition of “family” in the City’s zoning regulations to be compliant with State law.  Program 5-2 Transit Accessibility
Meet with the Tahoe Transportation District by December 2022, and biannually thereafter, to assess if any new unmet transit needs have developed and, if so, will provide technical assistance in applying for state and federal funding for expansions and will assist in identifying at least two funding sources annually that could be used fund expansions
 Program 6-2 Energy Regulations.

The City shall continue to require applicants for building permits to demonstrate compliance with the state energy conservation requirements at the time building plans are submitted. The City will also explore potential “Reach” codes that include energy-efficiency measures beyond state requirements for new construction. In addition, the City will continue to implement appropriate Climate Action Plan strategies as they relate to housing.
 Program 6-3 Energy Conservation Assistance for Low-Income Households.

The City shall consider including weatherization and energy conservation as eligible activities should housing rehabilitation efforts resume.
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1.4 PURPOSE OF AN EIR ADDENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) to (3) calling for the preparation of a subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) 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 previous EIR was certified as complete or negative declaration was adopted, 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, but the project proponents decline to adopt the mitigation measure or alternative; 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, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would not result in any of the conditions outlined in CEQA Guidelines Section 15162(a)(1) to (3), as the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the 2011 General Plan EIR. Accordingly, this checklist provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the proposed project. 998
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As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

A copy of this addendum, and all supporting documentation, may be reviewed or obtained at the City of South Lake Tahoe City Development Services Department, 1052 Tata Lane, South Lake Tahoe, California 96150. 999
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2. CEQA Analysis

2.1 ENVIRONMENTAL ANALYSIS
The General Plan contains policies related to land use and community design, economic development, housing, transportation and circulation, public/quasi-public facilities and services, recreation and open space, health and safety, and natural and cultural resources. The General Plan is largely designed to be self-mitigating by incorporating policies and implementation measures that address and mitigate related environmental impacts, such as zoning codes and design standards.

As previously described in Section 1.2, the General Plan EIR addresses potentially significant impacts related to land use, population, housing and socioeconomics, hazards, transportation and circulation, air quality and climate change, noise, hydrology and water quality, geology, soils, and land capability and coverage, biological resources, cultural resources, public services, utilities and service systems, scenic resources, and recreation. Table 1-1 shows that most of the existing Housing Element policies will remain unchanged or be continued with minor modifications with the proposed project. The 28 amended programs are either informative or would result in no physical change to the environment. The programs were modified to comply with state law, combine programs with similar intent to aid in implementation, or eliminate programs where the City has already completed the identified task.
 Program 1-1 Mixed Use Development involves informational changes that includes a reference to incentives provided for affordable residential development throughout the city and removes a reference to the City distributing an information packet to local developers.  Program 1-5 Development of Substandard/Underutilized Sites involves informational changes that includes a reference to providing information on substandard or underutilized parcels as part of the City’s online GIS database and removes a reference to maintaining an inventory of underutilized sites with development potential identified in the Housing Element Background Report.  Program 1-6 Parking Best Practices involves informational changes that includes a reference to the City continuing to strive to balance requests for parking requirement reductions to encourage housing development with environmental and safety impacts associated with a lack of sufficient parking, continuing to research best practices for parking standards, and continuing to allow more flexible parking standards and shared parking for mixed-use and other housing projects; it removes an outdated reference to continuing to allow parking reductions for affordable and mixed-use projects.  Program 1-7 Utilizing Density Incentives involves informational changes that includes a reference to increased densities that would allow for a larger stock of affordable housing to prevent displacement risk for residents as well as a handout that will briefly summarize the local incentives and provide links to the City’s website; it removes an outdated reference to incorporating incentives into the City’s adopted Tourist Core Area Plan and incorporating incentives into the Tahoe Valley Area Plan. 1001
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 Program 1-9 Clarifying How Residential-Care Facilities Are Allowed Per State Law involves informational changes that includes a reference to the City working with TRPA to amend the City and TRPA zoning regulations to specify that residential care facilities (group homes) of all sizes are allowed by right in all residential districts and removes a reference to specify that residential care facilities (group homes) for six persons or fewer are allowed by right.
 Program 1-10 Small Lot Consolidation involves informational changes that includes a reference to the City offering local incentives for affordable housing, which include guiding property owners through the lot consolidation application process, waiving the fee for this particular entitlement when the resulting project includes designated affordable units, and assisting property owners in identifying and applying for financial resources for projects that incorporate affordable units; it removes an outdated reference to lessening setbacks and reducing parking requirements as local incentives offered by the City.  Program 2-1 Pursue State and Federal Funds involves informational changes that includes a reference to the City prioritizing the use of state and federal funds to encourage construction of lower- and moderateincome housing in Town Centers near services and amenities and integrating lower- and moderate-income housing into neighborhoods determined to be Racially or Concentrated Areas of Affluence.  Program 2-2 Linkage Program involves informational changes that includes a reference to the City conducting a feasibility study to explore local funding options to support affordable housing projects and programs and removes a redundant reference to the City analyzing appropriate fees for a linkage program.  Program 2-3 Partnerships for Workforce Housing involves informational changes that includes a reference to the City working with the larger employers on a pilot program to develop a model policy for employers to provide first month’s rent and rental deposit, to remove barriers to access for lower and moderateincome households and thus promote housing mobility, establishing guidelines for the policy that each employer would comply with to standardize how the employer, landlords, and employee/tenant would enter into an agreement, as well as recruiting employers to participate once the policy is established.  Program 2-4 Inter-Jurisdictional Cooperation for Workforce Housing involves informational changes that includes a reference to the City meeting regularly with regional groups and other specific efforts and that the outcomes of these future meetings should build regional capacity to identify State and regional grant opportunities and inform the City’s future Housing Element policies and programs.  Program 2-5 Analysis of Federal and State Lands involves informational changes that includes a reference to developing quality workforce and affordable housing on non-environmentally sensitive lands owned by the Tahoe Livable Communities program, and other state and federal agencies with regard, meeting with the California Tahoe Conservancy on a regular basis to discuss opportunities for land transfers or partnerships to develop quality workforce and affordable housing, as well as coordinating housing efforts with local, regional, and statewide fire safety and transit efforts to ensure housing is safe and accessible. 1002
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 Program 2-7 Assist Nonprofit Housing Developers involves informational changes that includes a reference to prioritizing projects that locate affordable housing in Town Centers near services and amenities and prioritizing projects that integrate affordable housing into affluent neighborhoods.  Program 2-8 First-Time Home Buyer Program Administration Partnering involves informational changes that includes a reference to a moderate-income homebuyer program for residents of the city and outreach to lower-income communities to promote this program, and it removes a reference to the City historically administering the First-Time Homebuyer program and the City not having resources to administer the program.
 Program 2-9 Mitigation of TRPA Regulations involves informational changes that includes a reference to the City using its representation as a voting member on the TRPA Governing Board and the TRPA Advisory Planning Commission and its participation in specific working group efforts to advance a list of changes to TRPA regulations. It also includes more clarifying information about the City’s relationship with TRPA and describes the process for program implementation. .  Program 3-1 Rehabilitation Loan Program Administration Partnering involves informational changes that includes a reference to the City developing a housing rehabilitation program to serve city residents and removes a reference to the City historically administering the First-Time Homebuyer program, the City not having resources to administer the program, and initiating discussions with other agencies or organizations that may be able to take on the administration of rehabilitation loans for residents of the city. It also includes a reference to the City providing printed informational flyers in City buildings and post information on the City’s website for all residents to access within three months of developing the program and prioritizing marketing of this program in areas of concentrated rehabilitation need, as well as areas of concentrated poverty.
 Program 3-2 Multiple Family Dwelling Inspection and Maintenance Program involves informational changes that includes a reference to single-room occupancy units in hotels and motels as part of the Multiple Family Dwelling Inspection and Maintenance Program to identify substandard housing stock.  Program 3-3 Mobile Home Parks Ordinances involves informational changes that includes a reference to requiring mitigation of housing loss associated with conversions and/or demolitions and removes a reference to reducing the 10-acre new park requirement to a size appropriate for development of a quality park with amenities for its residents, considering taking over the Title 25 mobile home park inspection program/enforcement, and addressing design and amenities required in new and enlarged parks.  Program 3-4 Acquisition of At-Risk Properties involves informational changes that includes a reference to the City considering adopting a policy that prioritizes local residents for housing rehabilitation services, as well as monitoring the list of all dwellings in the city that are subsidized by government funding or lowincome housing developed through local regulations or incentives and working to reduce the potential conversion of any units to market rate through a series of actions. 1003
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 Program 4-1 Reasonable Accommodation and Land Coverage involves informational changes that includes a reference to the City completing the process of reviewing and amending its Code of Ordinances to provide reasonable accommodation in rules, policies, practices, and procedures for persons with disabilities and working with TRPA to facilitate reasonable accommodation requests within the framework of the Regional Plan.
 Program 4-4 Employee Housing Act Compliance involves informational changes that includes a reference to the City continuing to work with TRPA on definitions in their regulations and that the City is in compliance with the rest of the Employee Housing Act (Sections 17021.6 and 17021.8); it removed a reference to the zoning code being amended.
 Program 4-5 Special Needs Housing involves informational changes that includes a reference to the City conducting outreach to affordable housing developers and service providers annually to identify and pursue development opportunities, in tandem with developer outreach conducted, as well as meeting with at least one organization that provides services to persons with developmental disabilities and/or the Alta California Regional Center by June 2023 to identify specific strategies to address displacement risk and homeless services.
 Program 5-1 Housing Issues Hotline involves informational changes that includes a reference to implementing a series of actions to comply with AB 686 and removes a reference to the City providing appropriate follow-through in response to housing concerns and complaints through either Building Division inspections or appropriate housing referrals.
 Program 6-1 Green Building Incentive Program involves informational changes that includes a reference to evaluating opportunities to provide additional incentives for green building projects.  Program 6-2 Energy Conservation involves informational changes that removes a reference to the City requiring applicants for building permits to demonstrate compliance with the state energy conservation requirements at the time building plans are submitted and considering including weatherization and energy conservation as eligible activities should housing rehabilitation efforts resume.  Program 7-1 Maintaining Neighborhood Character involves informational changes that includes a reference to the City working with TRPA to implement these objectives within the framework of the Regional Plan.

Program 2-10 Public Education and Program 2-11 Publicize Available Programs were combined and amended as one program to aid in their implementation, as they were similar in intent. Therefore, these modifications to the existing programs would not result in any physical impacts on the environment. The proposed Housing Element consolidates many programs from the existing Housing Element to aid in implementation and eliminate redundancy. These changes would not result in a physical environmental effect.

The 17 new programs represent changes that allow the City to:
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 Annually conduct a public workshop or public meeting to discuss progress on housing programs and to solicit feedback.
 Consider City Code amendments to allow tiny homes and work with TRPA to provide this type of housing as an option in residential areas of the city.
 Conduct a feasibility study to explore local funding options to support affordable housing projects and programs.
 Work with housing providers, managers, and non-profits to build capacity to administer and monitor affordable housing programs.
 Implement and advertise streamlined ministerial review for housing projects.  Participate in state processes to provide input on the TCAC Opportunity Areas mapping with the goal of improving the mapping accuracy in identifying low, moderate and high opportunity areas.  Seek funding to establish a rental assistance program.  Require replacement housing units on sites identified in the sites inventory when any new development occurs on a site that has been occupied by or restricted for the use of lower-income households at any time during the previous five years.
 Monitor the effects of limiting vacation home rentals during the course of the Housing Element planning period.
 Partner with organizations, employers, and non-profits to establish a multifamily acquisition and rehabilitation program and encourage acquisition of multifamily housing in areas of concentrated affluence and outside of areas with concentrations of existing affordable housing to promote housing mobility and affordability in high income neighborhoods.
 Continue the Landlord/Tenant Matching Program to incentivize long-term rental of second homes and spare rooms to promote the availability of low- and moderate-income rental housing for existing employees in the city.
 Promote the longevity and quality of life at existing and new mobile home parks.  Consider establishing a program to address affordable housing developments that include on-site childcare and promote intergenerational facilities.
 Update the definition of “family” in the City’s zoning regulations to be compliant with State law. 1005
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 Require applicants for building permits to demonstrate compliance with the state energy conservation requirements at the time building plans are submitted and explore potential “Reach” codes that include energy-efficiency measures beyond state requirements for new construction.  Consider including weatherization and energy conservation as eligible activities should housing rehabilitation efforts resume.

New development resulting from these programs would occur on land designated for housing under the General Plan. Furthermore, all future development in the city would be required to comply with local regulations, including the General Plan and zoning code. Consequently, all projects would be subject to development procedures of the City, such as the municipal code, zoning code, and subdivision standards. These local regulations guide future development and would address physical impacts resulting from development.

Moreover, the City’s zoning code contains a list of permitted uses for each respective zoning district. The General Plan EIR anticipated physical impacts associated with the permitted uses in the City’s zoning code and would, therefore, not result in a new impact as part of development. The policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to all development.

All residential care facilities of all sizes in residential districts allowed by-right—as described in Program 1-9 Clarifying How Residential-Care Facilities Are Allowed Per State Law—would be required to be evaluated in accordance with the zoning code, as outlined in Title 6 Development Services. Future by-right development would still be subject to federal, state, and local policies related to land use, such as the Migratory Bird Treaty Act, wetland conservation, and construction air quality permitting. Moreover, the City maintains a thorough building permit review process that would ensure compliance with federal, state, and local regulations, such as dust control, stormwater runoff, and water quality, prior to the issuance of any building permit. The building permit review process is independent of the CEQA process and would be unaffected by the change to by-right zoning. Additionally, prior to issuance of any building permit, a project applicant is required to pay Lake Tahoe Unified School District, State, and TRPA development impact fees, which would address potential impacts to public services. The policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR.

The proposed Housing Element establishes targets for the income accessibility of future housing; however, the ability to construct the housing is based on designations in the Land Use Element. Because the City can meet its RHNA without changing any land use designation, the Land Use Element remains unchanged from the document evaluated in the General Plan EIR. The proposed Housing Element does not change the development pattern for the city, as shown in the Land Use Element of the General Plan and the zoning map for the city. Physical change to the environment would occur from implementation of the Land Use Element of the General Plan, not the proposed Housing Element. Therefore, development of housing as considered in the proposed Housing Element would be consistent with what was analyzed in the General Plan EIR. Because the proposed Housing Element does not affect the land use pattern of the town or result in any physical change to the environment, and because the General Plan EIR evaluated the existing land use pattern and includes policies and programs to address environmental impacts, the update to the Housing Element would not result in any new environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR.
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2. CEQA Analysis
All future development in South Lake Tahoe would be required to comply with local regulations, including the General Plan, Zoning Ordinance, and subdivision standards. These local regulations guide future development and would address potential physical impacts resulting from development. Moreover, the City’s zoning code contains a list of permitted uses for each respective zoning district. The General Plan EIR evaluated permitted uses and anticipated physical impacts associated with development, and therefore the proposed project would result in no new impact as part of development. Because the proposed project does not change the permitted uses allowed by the Zoning Ordinance, there would be no new impact. Building regulations are applied as part of the building permit process and are independent of CEQA.

Because the proposed 2022–2027 Housing Element does not change any land use designation or zone district, the impacts of the proposed project would be no more substantial than analyzed in the General Plan EIR. No new mitigation measures are necessary.

2.2 FINDING
The discussion in this addendum confirms that the proposed project has been evaluated for potential significant impacts pursuant to CEQA. The discussion is meaningfully different than a determination that a project is “exempt” from CEQA review, because the proposed 2022–2027 Housing Element update is not exempt.

Rather, the determination here is that the 2011 General Plan EIR evaluated the physical impacts likely to result from future development. Because the proposed 2022–2027 Housing Element does not change any land use designation or approve any development, the General Plan EIR provides a sufficient and adequate analysis of the environmental impacts of the proposed 2022–2027 Housing Element.

There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. The proposed project consists entirely of land uses permitted by project sites’ existing General Plan land use designation and zoning and represents no change from the impacts that were assumed and analyzed by the General Plan EIR.

As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 mandating the preparation of a subsequent EIR, and the appropriate environmental document authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared.

The following identifies the standards in Section 15162 of the CEQA Guidelines as they relate to the proposed project. The text that follows the provisions of the law relates to the proposed 2022–2027 Housing Element.

1. No substantial changes are proposed in the project and no substantial changes occurred with respect to the circumstances under which the project is undertaken which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The program changes included in the proposed Housing Element are limited to complying with state law, combining programs with similar intent to aid in implementation, revising or developing programs based 1007
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on local input to address community needs, or elimination of programs where the City has already completed the identified task. The proposed project would not result in the rezoning of land or approval of any development project. All development in the city must be consistent with the General Plan, and if a discretionary action, would also be subject to CEQA.

The proposed changes to the Zoning Code identified in Table 1-1 represent modification of existing policy to either streamline development that is already allowed or make the code consistent with state law or implement new programs. As all the sites that these modified programs would affect are currently designated for development in the Land Use Element of the General Plan, there would be no change in the physical impact associated with future development. Therefore, policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR.

2. The project will have one or more significant effects not discussed in the previous EIR.

The proposed Housing Element programs are similar to the existing policies of the General Plan. The proposed 2022–2027 Housing Element includes 28 amended programs and 17 new programs. As stated previously, these amended and new programs would not result in new significant environmental impacts.

3. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

The proposed project would have the same significant impacts as those disclosed in the certified General Plan EIR. The General Plan EIR identified potentially significant impacts for land use, population, housing and socioeconomics, hazards, transportation and circulation, air quality and climate change, noise, hydrology and water quality, geology, soils, and land capability and coverage, biological resources, cultural resources, public services, utilities and service systems, scenic resources, and recreation. The policies identified in the General Plan EIR to reduce physical environmental effects would also apply to the proposed project. Because the proposed project does not include land use changes and the new and amended programs identified in Table 1-1 would not affect land use patterns in the city or result in physical changes to the environment, there would be no new or more severe significant impacts associated with the proposed 2022–2027 Housing Element.

4. 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, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the General Plan EIR.

Moreover, the proposed project would not create new impacts or the need for additional mitigation measures. The policies identified in the General Plan EIR would reduce physical environmental effects associated with future development. These policies in the General Plan EIR would also apply to the 2022– 2027 Housing Element. The City is required to adopt a Housing Element, and the element must be reviewed and certified by the Housing and Community Development Department. There is no feasible alternative to adopting a Housing Element. The update to the Housing Element would not result in 1008
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significant environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR; therefore, there is no need for new mitigation measures.

5. 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, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would have the same significant impacts as the previously certified General Plan EIR, and all associated policies identified in the General Plan EIR to reduce physical environmental effects would apply to all future development. As stated in the response to Standard 4, there would be no new significant impacts resulting from adoption of the 2022–2027 Housing Element; therefore, there would be no new mitigation measures or alternatives required for the proposed Housing Element. 1009
Resolution 2022-XXX June 21, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 21, 2022
Adopting the Addendum to the General Plan EIR for the 2022-2027 Housing Element Update and amending the City General Plan by adopting the City of South Lake Tahoe 2022-2027 Housing Element

BACKGROUND
A. Section 65300 of the California Government Code of the State of California authorizes cities to prepare long-range comprehensive guides known as general plans.

B. California Government Code Section 65583 requires that the City prepare and adopt an update to the Housing element of the General Plan that includes a review of the City’s ability to accommodate its share of the region's housing need.

C. The City has conducted outreach to stakeholders, interested parties and the general community and conducted four public workshops to solicit input on the Housing Element update.

D. The City released a draft of the Housing Element and an invitation for public comments between January 2, 2022 and February 18, 2022 and submitted the draft Housing Element to the State Housing and Community Development Department (HCD).

E. On February 18, 2022, HCD found that the Housing Element did address many statutory requirements within the Housing Element Law (Article 10.6 of the Government Code); but would require additional modification to be found in compliance with the Law.

F. The City revised the Housing Element to address public comments and HCD findings, posted the revised Housing Element for public view on March 16, 2022 and resubmitted it to HCD for a second review on March 25, 2022.

G. On May 23, 2022 HCD provided the City with additional findings after the second review and additional revisions have been made to the Housing Element as needed in order to achieve "Certification" by HCD.

H. On June 16, 2022 the City Planning Commission held a duly noticed public hearing to consider the Housing Element Update and passed Resolution 2022-XX recommending that the City Council adopt the Addendum to the General Plan EIR for the 2022-2027 Housing Element Update and amend the City General Plan by adopting the 2022-2027 Housing Element Update.

I. On May 3, 2011 the City Council adopted the City of South Lake Tahoe General Plan EIR, (State Clearinghouse Number 2009092049).
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BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Finds 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.

2. Adopts the Addendum to the General Plan EIR for the 2022-2027 Housing Element Update (attached) finding that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed Housing Element 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 Housing Element 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.

3. Amends the City General Plan by adopting the City of South Lake Tahoe 2022-2027 Housing Element (attached).

4. This resolution is effective immediately upon adoption.

Adopted by the City of South Lake Tahoe City Council on June 21, 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 a true and correct copy as approved by the South Lake Tahoe City Council.
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South Lake Tahoe Housing Element Update
City Council Meeting, June 21st, 2022 1012
Introductions
1013
South Lake Tahoe Housing Element Update
Project Team and Meeting Roles
» PlaceWorks
• Amy Sinsheimer, Project Manager
• Lindsey Klein, Assistant Project Manager
» South Lake Tahoe, Development Services Department
• Hilary Roverud, Director of Development Services
• Zach Thomas, Housing Manager
1014
South Lake Tahoe Housing Element Update
Housing Element Overview
» One of eight mandated General Plan elements
» Existing and projected housing needs of all economic segments of the community
» Certification by California Department of Housing and Community Development (HCD) required for the City to receive funding for local housing initiatives
» State sets schedule for Housing Element updates
• 6
th round Housing Element has a 5-year timeframe for TRPA jurisdictions • Planning period: 2022-2027
• Housing Element due date: June 30, 2022
1015
South Lake Tahoe Housing Element Update
What’s in a Housing Element?
» Review of previous housing element
» Updates existing conditions information regarding housing, residents, and regulations
» Analysis of potential constraints to housing production » Inventory and analysis of adequate sites
» Housing policies, programs, and quantified objectives 1016
South Lake Tahoe Housing Element Update
What a Housing Element Does Not Do
» Does not:
• Require the City to build the units planned for
• Provide funding to build units
• Construct or authorize construction of residential developments • Make actual changes to ordinances or zoning
1017
South Lake Tahoe Housing Element Update
Outreach To Date
Outreach 2021/2022 Dates
Stakeholder Consultations with housing service providers April- June 2021 Virtual Workshop #1 October 2021
Planning Commission presentation #1 October 2021
Housing Subcommittee Meeting #1 November 2021
Virtual Workshop #2 February 2022
Planning Commission presentation #2 February 2022
Housing Subcommittee Meeting #2 March 2022
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South Lake Tahoe Housing Element Update
Background Report Findings
» The community is interested in balancing workforce and affordable housing with visitor-serving uses.
» Discrepancies between State law and TRPA laws sometimes impede the City’s ability to comply with evolving State law.
» Although the percent of housing stock used for seasonal or occasional use was down in 2017 from almost 55% in 2010, it remained at almost 50% and is a contributing factor in housing affordability.
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South Lake Tahoe Housing Element Update
Background Report Findings
» Lower income levels in the City contribute to the difficulty for year round City residents to afford housing.
» The number of family households in the City has decreased since 2015. » Of all City households, 44.5% were housing cost burdened » With over 79% of the City’s housing units built before 1980, the age of the City’s housing stock is a contributing factor in conditions. 1020
South Lake Tahoe Housing Element Update
Background Report Findings
» There are particular areas of the City that have high levels of poverty and those areas tend to correspond with areas with more non-White populations and overcrowded households.
» Building materials are three times more expensive than pre-pandemic, increasing the cost to develop housing in the city.
1021
Regional Housing Need
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South Lake Tahoe Housing Element Update
RHNA Allocation
» Regional Housing Needs Allocation (RHNA) is the number of units each jurisdiction is required to plan for in each Housing Element Update. » RHNA numbers from the State do not consider the housing needs identified in the South Shore Housing Needs and Opportunities Report. » HCD provides a housing allocation directly to the city, distributed among income categories.
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South Lake Tahoe Housing Element Update
RHNA Allocation
» For the 2022-2027 Housing Element cycle, the RHNA assigned to South Lake Tahoe is displayed below:

Income Level Income Level (Percentage
of Median Income)
RHNA RHNA + 15%
Buffer
Sites Unit
Capacity
Surplus
Very Low 50% or less 70 82 337 197
Low 51% to 80% 50 58
Moderate 81% to 120% 42 49 165 116
Above Moderate More than 120% 127 147 215 68
Total 289 336 717 381
1024
South Lake Tahoe Housing Element Update
Housing Element Review Process To Date
» December 2021 – Public Draft Released and submitted to HCD for 60- Day review
» February 2022 – HCD review letter received
» March 2022 – Meeting with Council Housing Subcommittee » March 2022 – Revised Draft Submitted to HCD for 2nd 60-Day review » May 2022 – Second HCD review letter received and Adoption Draft Housing Element prepared
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Key Housing Element
Programs
1026
South Lake Tahoe Housing Element Update
Program 2-8: TRPA Regulatory Barriers
» Continue to work with TRPA to bring regulations about density bonuses, residential care facilities, reasonable accommodations, and employee housing into compliance with State law.
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South Lake Tahoe Housing Element Update
Program 2-15: Rental Assistance
» New program that directs the City to seek funding to establish a rental assistance program.
» Once established, the program will provide initial rental deposits for lower-income households that can be gradually repaid to the City. 1028
South Lake Tahoe Housing Element Update
Program 3-1: Rehabilitation Loan Program
Administration Partnering
» Seek funding to re-establish housing rehabilitation program intended to maintain housing affordability while reducing displacement risk. » Committed to prioritize marketing this program in areas of concentrated rehabilitation needs and poverty.
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South Lake Tahoe Housing Element Update
Program 3-7: Monitoring Impacts of Vacation
Rentals on Long-Term Rental Supply
» Continue enforcement of Measure T regulations to prohibit vacation home rentals in residential areas of the city.
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South Lake Tahoe Housing Element Update
Program 3-10: Mobile Home Park Inspection
» The City committed to working with HCD to gather and maintain data on resident complaints, inspections and code violations. 1031
South Lake Tahoe Housing Element Update
Program 5-1: Fair Housing
» City will continue the Housing Issues Hotline service to assist residents with substandard housing and fair housing concerns.
» Committed the City to meet with fair housing providers annually to discuss fair housing issues, identifying strategies to increase fair housing as needed.
» Added an objective of targeting at least two funding sources annually to help the Tahoe Transportation District expand the existing transit network.
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South Lake Tahoe Housing Element Update
Program 1-4:Using Local Incentives
» City will conduct annual outreach to local developers to identify opportunities for more incentives.
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South Lake Tahoe Housing Element Update
Program 2-2: Partnerships for Workforce Housing
» Expanded opportunities for the City to partner with agencies and other large employers to develop new affordable housing for employees. » Provided options for additional partnerships including:
• Partnering with property managers to provide employers with notifications about housing opportunities.
• Make homebuyer programs available to employees.
• Provide financial assistance to employees in need of rent support upon relocation to the city.
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South Lake Tahoe Housing Element Update
Program 2-7: HomeBuyer Assistance Program
» Seek funding and administration partnership to re-establish a homebuyer assistance program.
» Once established, City will conduct annual outreach to lower-income communities to promote the program and lower-income household homeownership opportunities.
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South Lake Tahoe Housing Element Update
Program 3-9:Landlord/Tenant Matching Program
» City is underway with a multi-faceted marketing campaign to promote this program.
» Added that the City will conduct outreach and marketing to owners of existing large housing units to participate in the program to expand housing opportunities for larger renter households.
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South Lake Tahoe Housing Element Update
Schedule/Next Steps
Task 2021/2022 Dates
Prepare Administrative Draft Housing Element April – October 2021 Stakeholder Outreach April – June 2021
Public Workshop #1/Planning Commission Meeting #1 October 2021 City Review of Administrative Draft November 2021
Housing Subcommittee Meeting #1 November 2021
Begin CEQA Process November 2021
Prepare Public Draft Housing Element December 2021
Submit Draft to HCD (60-Day Review) December 2021 – February 2022 Public Workshop #2/Planning Commission Meeting #2 to review Public Draft February 2022 Findings letter from HCD February 2022
Housing Subcommittee Meeting #2 to review Public Draft March 2022 Second submittal to HCD (60-Day Review) March-May 2022
Planning Commission Recommendation for Adoption/City Council Adoption Hearing June 16, 2022 / June 21, 2022 Submit Adopted Housing Element to HCD (60-Day Review) After June 21, 2022 1037
Thank you
1038
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 21, 2022
Agenda Item #: 12
Agenda Item: Appropriation of $29,750 from General Fund Undesignated Excess Reserves for Settlement of Victoria Gessford v. City of South Lake Tahoe Executive Summary: The requested appropriation would implement a settlement agreement of a lawsuit brought by plaintiff Victoria Gessford, alleging that, on August 16, 2019, she tripped and fell over the metal stub of a broken sign post on the sidewalk at Cedar Avenue and Stateline Avenue. The parties have settled this lawsuit under the authority given to the City Attorney by the City Council at its closed session meeting of June 7, 2022.

Requested Action / Suggested Motions: Pass a Resolution appropriating $29,750 from General Fund Undesignated Excess Reserves for payment under the Settlement Agreement and Release with Victoria Gessford regarding injuries allegedly sustained from tripping on a broken sign post.

Responsible Staff Member: Daniel Bardzell, Assistant City Attorney Responsible Staff Member: Daniel Bardzell, Assistant City Attorney (530) 542-6046 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Gessford Settlement.docx
02-Resolution - Gessford Settlement
03-Settlement Agreement.pdf
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Council Agenda Report June 21, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: June 21, 2022
Title: Appropriation of $29,750 from General Fund Undesignated Excess Reserves for Settlement of Victoria Gessford v. City of South Lake Tahoe Location: Citywide
Responsible Staff Members: Dan Bardzell, Assistant City Attorney (530) 542-7477 Background: On July 27, 2020, plaintiff Victoria Gessford filed litigation against City of South Lake Tahoe. Her amended complaint includes a claim for dangerous condition of public property based on her allegation that, on August 16, 2019, she tripped and fell over the metal stub of a broken sign post on the sidewalk at Cedar Avenue and Stateline Avenue.

Issue and Discussion: The parties have now settled this lawsuit under the authority given to the City Attorney by the City Council at its closed session meeting of June 7, 2022. This item reports the fact of the settlement approved in a prior closed session, and makes the terms and conditions of the settlement available to the public. The Settlement Agreement and Release between the City and Ms. Gessford is attached.

Pursuant to the Settlement Agreement and Release, the City agreed to pay plaintiff $29,750. In return, Ms. Gessford agreed to dismiss her lawsuit with prejudice and release all claims against the City in this matter.

Based on the above, staff recommends that Council adopt a resolution appropriating funds in the amount of $29,750 for payment to Ms. Gessford pursuant to the Settlement Agreement and Release.

Financial Implications: Staff is requesting an appropriation of $29,750 for payment of a settlement in the matter of Victoria Gessford v. City of South Lake Tahoe from the General Fund Undesignated Excess Reserves into account number 100-01210-44013.

Environmental Considerations: Appropriating funds for the settlement is not a “project” within the meaning of the California Environmental Quality Act (CEQA) because it is a fiscal activity and therefore environmental review is not required pursuant to CEQA Guidelines section 15378.

Policy Implications: Appropriating funds for the settlement will resolve potential liability against the City.
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Resolution 2022-XX June 21, 2022 Page 1 of 1
Resolution 2022-XX
Adopted by the
South Lake Tahoe City Council
June 21, 2022
Appropriating $29,750 from General Fund Undesignated Excess Reserves for Settlement of Victoria Gessford v. City of South Lake Tahoe

BACKGROUND
A. On July 27, 2020, plaintiff Victoria Gessford filed a lawsuit against City of South Lake Tahoe entitled Gessford v. City of South Lake Tahoe, El Dorado Superior Court Case No. SC20200096. As amended, her complaint includes a claim for dangerous condition of public property based on her allegation that, in 2019, she tripped and fell over a broken sign post on the sidewalk at Cedar Avenue and Stateline Avenue.

B. On June 7, 2022, the parties reached a tentative settlement under the authority given to the City Attorney by the City Council at its special closed session meeting of June 7, 2022. Pursuant to the settlement, the City agreed to pay plaintiff $29,750.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the South Lake Tahoe City Council:

1. Appropriates funds in the amount of $29,750 from General Fund Undesignated Excess Reserves into account number 100-01210-44013 for payment to plaintiff Victoria Gessford.

Adopted by the South Lake Tahoe City Council on June 21, 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 a true and correct copy as approved by the South Lake Tahoe City Council.
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1047
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 21, 2022
Agenda Item #: 13
Agenda Item: 2022 Cannabis Revenue Grant Awards
Executive Summary: On March 15, 2022, the City Council adopted Resolution No. 2022-030 to establish guidelines for the Cannabis Revenue Grant Program. Under the City Council policy for these grants, half of the cannabis revenue received, which is $400,000, is available for 2022 awards. The application period for the City's Cannabis Revenue Grant Program was April 15 - May 15. The assigned grant review team consisted of City Manager, City Finance Director, Mayor, and one Councilmember Finance Committee Member. The grant review team met and considered 23 applications. Fourteen (14) projects were awarded funding, for a total of $399,650.

Requested Action / Suggested Motions: Receive and file.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Responsible Staff Member: Sara Letton, Sustainability Coordinator, 530-542-6175 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01 - Staff Report Cannabis Revenue Grant Awards.docx
02-Reso. 2022-030 Cannabis Revenue Grant Program.pdf
03-Reso. 2021-039 Cannabis Revenue Allocation Policy.pdf 1048
Council Agenda Report- June 21, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 21, 2022
Title: Cannabis Revenue Grant Awards
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator, (530) 542-6175 Background: On May 18, 2021, City Council adopted Resolution No. 2021-039, establishing the Cannabis Community Benefit Fee Revenue Allocation Policy. Under this policy, City Council committed to allocated up to 50 percent of the previous year’s cannabis revenue to a community benefit grant program. On March 15, 2021, the City Council adopted Resolution No. 2022-030 to establish the Cannabis Revenue Grant Program Process and Guidelines. Under these Guidelines, grants are to be awarded annually to South Lake Tahoe organizations whose projects contribute to mitigating the potential impacts of the cannabis industry in the city, and which help promote and address the priorities of the City Strategic Plan, including Built Environment, Recreation and Equitable Access, Community for All, Economic Development and Continuous Improvement. Pursuant to these policies, City Council allocated $400,000 of cannabis revenue towards this grant program for 2022.

Issue and Discussion: Twenty-three (23) applications were reviewed by the grant committee, consisting of the Mayor, one City Council Finance Committee member, the City Manager and the City’s Finance Director. The committee awarded grants to Fourteen (14) projects that were most consistent with the criteria. Ten (10) are offered at the original request amount. The following is a list of organizations and the awards offered, in no particular order:

Soroptimist (Safety upgrades to the softball field) 10,000 TAMBA (Reducing maintenance closures) 10,000
Tahoe Alliance for Safe Kids (TASK) (substance use harm-prevention) 50,000 The Drug Store Project (teaching about substance use and abuse) 20,900 Sober Grad Night (substance-free graduation celebration) 30,000 Lake Tahoe Historical Society (supporting family events) 10,000 Family Resource Center (bilingual - bicultural therapist, Spanish) 50,000 Tahoe Coalition for the Homeless (mental health & community safety) 50,000 Tahoe Art League (murals and art classes) 7,500
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Council Agenda Report- June 21, 2022 Page 2 of 2
Gateway Mountain Center (expand youth program) 48,750
LTUSD (social emotional learning program, field trips) 50,000 Tahoe Youth and Family Services (substance use disorder specialist) 50,000 LT Bike Coalition (bike locks and parts to support community donations) 2,500 Encompass Youth (counseling & workforce readiness for youth in transition) 10,000 TOTAL 399,650
Financial Implications: $400,000 was designated for this program in this year’s budget. The listed awards total $399,650.

Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative activities).

Policy Implications: The awarded projects fall within the guidelines drafted by city staff and all will help achieve progress on the city’s Strategic Plan. To be eligible, each applicant had to name at least one Strategic Priority addressed by their project. 1050
Resolution 2022-030 March 15, 2022 Page 1 of 1
Resolution 2022-030
Adopted by the City of South Lake Tahoe
City Council
March 15, 2022
Approving the Cannabis Revenue Grant Program Process and Guidelines

BACKGROUND
A. On May 18, 2021 the City Council adopted the cannabis community benefit fee revenue allocation policy to create a community- wide benefit grant program. This program will provide funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan.

B. Cannabis businesses operate pursuant to individual Development Agreements that require to submit to the City on a monthly basis within 45 days following the month end the Community Benefit Fees payment equivalent six (6) percent of Gross Receipts for that month.

C. The proposed community- wide cannabis revenue grant program application process and guidelines Exhibit A) to this Resolution have been developed to assist the City in an annual review of proposals for funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan.

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 Cannabis Revenue Grant Program Process and Guidelines attached hereto as Exhibit “ A.”
Adopted by the City of South Lake Tahoe City Council on March 15, 2022 by the following vote:

Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
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.

Sue Blankenship ( Mar 16, 2022 13: 31 PDT)
Devin Middlebrook ( Mar 16, 2022 14:59 PDT) Mar 16, 2022 1051

CANNABIS REVENUE GRANT PROGRAM
Process & Guidelines
To assist the City Council in the evaluation of the community- wide cannabis revenue grant program the following process and guidelines have been developed to assist the City in an annual review of proposals for funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan. The City’s Strategic Priorities are Built Environment, Recreation and Equitable Access, Community for All, Economic Development and Continuous Improvement; and the Strategic Plan can be found here: https:// www. cityofslt. us/DocumentCenter/ View/15828/ City-of -SLTStrategic- Plan- web- version

GRANT AMOUNTS
Grants amounts will range from $1,000 to $50,000.

WHEN CAN I APPLY?
The City grant program will open annually on April 15th, and the submittal period will remain open annually until May 15th.

ELIGIBILITY
Your entity and proposal must be focused on efforts to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan.

Your entity must be located within the city of South Lake Tahoe, CA.

If you are a past year recipient you must be in compliance with the annual reporting requirement, which includes the submittal of a written report detailing how your previous award was expensed to the City no later than March 31st following a previous year’s grant award.

APPLICATION REVIEW
Please be sure your application is complete when you send it in.

Applications will be reviewed by the grant committee consisting of the Mayor, one City Council Finance Committee member, the City Manager and the City’s Finance Director.

The grant committee will make recommendations to the City Council no later than June 30th annually for consideration and approval.

To provide transparency, the City of South Lake Tahoe will post a list on the City’s website showing all grant recipients and the amount received. By signing and submitting Res 2022- 030 1052
a grant program application with the City of South Lake Tahoe, you agree to have your company’ s name along with the grant amount listed on the website.

SUBMITTING YOUR APPLICATION
You will be required to submit the following required documentation along with your signed application form.

1. A current IRS Form W-9 (showing your Taxpayer ID).

Please submit the application form and the supporting documentation in an envelope please write “ Cannabis Revenue Grant Application” on the envelope) at the City of South Lake Tahoe City Hall, 1901 Lisa Maloff Way, Suite #210, South Lake Tahoe, CA. 96150 in the finance drop-box or mail to the above address.

To be considered for the grant applications, your materials must be in by 5:00 P.M. on, May 15th.

Contact the City of South Lake Tahoe at sjuarez@cityofslt. us with any questions and we will return your e-mail promptly.

Res 2022- 030 1053
Res 2022-030 Cannabis Revenue Policy
Final Audit Report 2022- 03-16
Created: 2022- 03-16
By: jo Mcdonough ( jmcdonough@cityofslt. us)
Status: Signed
Transaction ID: CBJCHBCAABAAnCygv_ 4UFqhg3PBFJtO3UPad060RW7hr Res 2022-030 Cannabis Revenue Policy" History
Document created by jo Mcdonough ([email protected]) 2022- 03- 16 - 8:25:08 PM GMT- IP address: 128. 92.136. 146 Document emailed to Sue Blankenship ([email protected]) for signature 2022- 03- 16 - 8:27:11 PM GMT
Email viewed by Sue Blankenship ( sblankenship@cityofslt. us) 2022- 03- 16 - 8:31:03 PM GMT- IP address: 128. 92.136. 146 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022- 03-16 - 8:31:13 PM GMT - Time Source: server- IP address: 128. 92.136. 146 Document emailed to Devin Middlebrook ([email protected]) for signature 2022- 03- 16 - 8:31:15 PM GMT
Email viewed by Devin Middlebrook ([email protected]) 2022- 03- 16 - 9:59:28 PM GMT- IP address: 66.189. 255. 213 Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022- 03-16 - 9:59:38 PM GMT - Time Source: server- IP address: 66.189. 255. 213 Agreement completed.
2022- 03- 16 - 9:59:38 PM GMT
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 21, 2022
Agenda Item #: 14
Agenda Item: Ballot Measure to Convert Existing Community Benefit Fee to Comparable Cannabis Business and Professions Tax
Executive Summary: City Council is asked to consider placing the proposed measure on the ballot for the election on November 8, 2022. The proposed measure would enact a new local business and professions tax on commercial cannabis activity, that would replace the community benefit fee currently being collected under development agreements with the cannabis businesses. The proposed measure would maintain the current rates in the development agreements of 6 percent of gross receipts for cannabis businesses and $20 per square foot of canopy for commercial cultivation. The proposed measure would reduce the administrative burden of implementing the development agreements on staff and cannabis businesses, and would create certainty for the businesses by setting the tax at a rate that could be lowered, but not be raised, by the City without voter approval.

Requested Action / Suggested Motions: 1) Pass a Resolution ordering the submission to the qualified electors of the City of South Lake Tahoe a measure to approve a local business and professions tax on commercial cannabis activity in the City of South Lake Tahoe at the general municipal election to be held on November 8, 2022; and 2) Pass a Motion to Hold a First Reading (By Title Only) of an Ordinance amending Chapter 3.35 of Title 3 of the South Lake Tahoe City Code to Add Article III to Impose a Cannabis Business and Professions Tax upon approval by voters, and refer second reading to the August 9, 2022 meeting.

Responsible Staff Member: Heather Stroud, City Attorney Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Attachments:
01-Staff_Report_Cannabis_Tax.docx
02-Resolution.docx
03-Ordinance (Exh. A to Resolution).docx
1057
Council Agenda Report- June 21, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: June 21, 2022
Title: Ballot Measure to Convert Existing Community Benefit Fee to Comparable Cannabis Business and Professions Tax
Location: Citywide
Responsible Staff Member: Heather L. Stroud, City Attorney (530) 542-6046 Background:

In 2019, the City Council adopted its Cannabis Ordinance, which provided regulation on businesses and established parameters of operation. As part of the Cannabis Ordinance, the City entered into development agreements with businesses to collect community benefit fees, inclusive of funding set aside for community grants. These development agreements have a limited term and are required under state law to undergo an annual review.

The City’s cannabis regulations have been working. Since the first new business opened in 2020, several retail stores with delivery and one microbusiness with a large indoor cultivation operation have been operating legally in South Lake Tahoe, in addition to the existing medical dispensary that had been operating previously. These businesses have not attracted crime and there have been very few problems for residents.

Additionally, cannabis businesses have generated funding for the local economy and grants for local non-profit organizations. Over the past year, the City has formalized a community grant funding process which are funded by, but administratively separate from, the development agreements themselves.

While the regulations have been working, the annual review of the development agreements has been identified as time-intensive for both businesses and City staff, and alternate solutions which would allow for the same cost to businesses, without this annual administrative need, have been explored. There is also a desire on the part of the City to provide stability to local cannabis businesses, setting a tax that cannot be increased without voter approval, but which could be adjusted downward if City needs and economic conditions warrant. An administrative conversion from a community benefit fee under a development agreement to a comparable business and professions tax for cannabis business has been identified as a potential solution that could meet these goals.

On May 18, 2021, the Cannabis Subcommittee presented its recommendations for amendments to the Cannabis Ordinance and for establishing a cannabis tax, which would take the place of the community benefit fee, to City Council. Since then, staff has been outreaching stakeholder organizations for their input, and preparing documents for City Council to consider placing on the 1058
Council Agenda Report- June 21, 2022 Page 2 of 2
ballot on November 8, 2022. The cannabis business and professions tax would be an excise tax on cannabis products and would eventually take the place of the community benefit fees provided under development agreements with the cannabis businesses, when the current terms in the development agreements expire. Establishing a tax is an administrative change be more streamlined and efficient than keeping the development agreements in place indefinitely and would reduce the staff resources necessary to oversee and manage the development agreements including collection of the community benefit fee.

Issue and Discussion:

If City Council votes to place a cannabis business and professions tax on the ballot, it would require a majority vote to pass. The revenue collected from the tax would be available for general City expenditures, including the service priorities that residents have identified as important, including maintaining fire protection and fast emergency response, reducing the threat of wildfires, repairing streets and potholes, and maintaining snow removal, as well as nonprofit community benefit grants and other services that are critical to our neighborhoods and residents’ health and safety. Under the development agreements currently in place, if the voters pass a cannabis tax, the community benefit fees due would be offset by the amount of the tax, and the development agreements would expire at the end of their initial term.

Based on community outreach done earlier in 2022, staff recommends keeping the tax rate the same as the community benefit fees currently being paid under the development agreements, which is six percent of gross receipts on retail, distribution, and manufacturing, and $20 per square foot of canopy for cultivation. If placed on the ballot and adopted by the voters of the City of South Lake Tahoe, this tax rate would be a maximum rate that could be adjusted lower, but not higher, by a resolution of City Council.

Financial Implications:

If a cannabis tax is adopted by voters at the current community benefit fee rate set forth in the development agreements, staff anticipates it would generate approximately $950,000 per year. If adopted, the cannabis tax will replace the business and professions tax collected under Article II of Chapter 3.35 of Title 3 of the South Lake Tahoe City Code for businesses engaged in commercial cannabis activity – an estimated revenue reduction of $26,000 per year.

Environmental Considerations:

This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that its enactment would have a significant effect on the environment (Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and because the Ordinance involves the approval of government revenues to fund existing services (Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4). It does not make any commercial activity lawful nor commit the City to fund any particular activity.

Policy Implications:

This action is consistent with City Council Strategic Plan 2021-2026 Priority 5 (Continuous Improvement), Goal 5.5 (Fiscal Sustainability and Resiliency). 1059
Resolution 2022-XXX June 21, 2022 Page 1 of 3
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 21, 2022
Ordering the Submission to the Qualified Electors of the City of South Lake Tahoe a Measure to Approve a Local Business and Professions Tax on Commercial Cannabis Activity in the City of South Lake Tahoe at the General Municipal Election to be Held on November 8, 2022

BACKGROUND
A. The Ordinance attached hereto as Exhibit “A” and incorporated herein by reference would impose a business license tax on persons engaged in commercial activity in the City involving cannabis products (the “Measure”).

B. The City of South Lake Tahoe imposes business and professions taxes upon businesses in the City, which are imposed to raise revenue and not for regulation.

C. Currently, the City enters into development agreements with permitted local cannabis businesses, under which businesses pay a community benefit fee. These development agreements are required to undergo an annual review under state law and create an administrative burden on local businesses and City staff.

D. The proposed Measure would enact a local business and professions tax on cannabis businesses comparable to the community benefit fee currently in place. All other regulations, which have been working, would be unaffected.

E. Since the first new business opened in 2020, several retail stores with delivery and a microbusiness with a large indoor cultivation operation have been operating legally in South Lake Tahoe, in addition to the existing medical dispensary that had been operating previously.

These businesses have not attracted crime, there have been very few problems for residents, and the businesses have generated funding for the local economy and grants for local nonprofit organizations.

F. The Measure would allow the City to continue to address the service priorities that residents have identified as important, including maintaining fire protection and fast emergency response, reducing the threat of wildfires, repairing streets and potholes, and maintaining snow removal, as well as nonprofit community benefit grants and other services that are critical to our neighborhoods and residents’ health and safety.

G. South Lake Tahoe residents benefit from the hundreds of thousands of dollars paid by visitors to our community who shop at local cannabis businesses. This Measure ensures that we continue to make sure visitors are contributing to the local services they use and impacts they have on residents.
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H. The Measure includes fiscal accountability provisions including an annual independent financial audit to enhance accountability and transparency. No Measure funds could be taken by the county, state, or federal government and funds must be used exclusively in South Lake Tahoe to address local needs.

I. The City Council may submit the Ordinance directly to the voters pursuant to Section 9222 of the California Elections Code.

J. The tax must be approved by a majority of the electorate to be effective.

K. At a properly noticed meeting on June 21, 2022, the City Council adopted a resolution to call a general election for November 8, 2022.

L. On the general election on November 8, 2022, the City will submit to the qualified voters of the City the Ordinance to impose a general tax on commercial cannabis activity in the City.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Submits the attached Ordinance to the qualified voters of the City on the general election on November 8, 2022, to impose a general tax on commercial cannabis activity in the City.

2. Declares that the type, rate, and method of collection of the tax are set forth in the Ordinance, the full text of which shall be printed and made available to voters pursuant to Sections 9119 and 9223 of the California Elections Code.

3. Directs that the ballot label for the proposed Measure shall be submitted for a “Yes” or “No” vote as follows:

SOUTH LAKE TAHOE CANNABIS FUNDING/ TAXATION MEASURE: Shall the measure to maintain essential services such as wildfire prevention, safety, snow removal, road repair, youth programs, other general services by converting existing cannabis business fees to a gross receipts tax up to 6% on retail/distribution/manufacturing, $20/square foot of canopy on cultivation, providing approximately $950,000 annually until ended by voters, continuing regulations/limits on cannabis businesses, requiring public spending disclosure, all funds for South Lake Tahoe, be adopted?

4. Authorizes and directs the City Clerk to file a certified copy of this Resolution with the Board of Supervisors and Chief Election Official of El Dorado County.

5. Authorizes and directs the City Attorney to prepare an impartial analysis of the Measure as required by Section 9280 of the California Elections Code. 1061
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6. Directs that arguments for and against the Measure may be filed in accordance with applicable law, and that neither City Council as a body or any individual member of Council is directed to file a written argument or any rebuttal argument for or against the Measure.

7. Directs the City Clerk to consider arguments for and against the Measure and rebuttal arguments filed by bona fide associations or individual residents who are eligible to vote in accordance with California Elections Code sections 9282 and 9285, and directs the City Clerk to send copies of the arguments selected for and against the measure that will be printed and distributed to the voters to the opposing authors of the primary arguments, pursuant to California Elections Code section 9285. The authors, or a majority of the authors of the primary arguments, may prepare and submit rebuttal arguments not exceeding 250 words, or may authorize, in writing, others to submit a rebuttal argument.

The rebuttal arguments shall be filed with the City Clerk, accompanied the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than ten (10) days after the final date for filing direct arguments.

Each rebuttal argument shall immediately follow the primary argument that it seeks to rebut. All previous resolutions providing for filing of rebuttal arguments for City measures are repealed. The provisions of this Section 7 shall apply only to the election of November 8, 2022 concerning the Measure set forth in this resolution and shall then be repealed.

8. Hereby gives notice of the election and authorizes and directs the City Clerk to give such further notice of the election as required by law.

9. Authorizes and directs the City Clerk to appropriate the funds necessary to fund the election and to reimburse El Dorado County for the costs it incurs to conduct the election for the City.

Adopted by the City of South Lake Tahoe City Council on June 21, 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 a true and correct copy as approved by the South Lake Tahoe City Council.
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Ordinance 2022-XXX June 21, 2022 Page 1 of 8
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
August 9, 2022
An Ordinance Amending Chapter 3.35 of Title 3 of the South Lake Tahoe City Code to Add Article III to Impose a Cannabis Business and Professions Tax

FINDINGS
A. The City of South Lake Tahoe imposes business and profession taxes upon businesses in the City, which are imposed to raise revenue and not for regulation.

B. Currently, the City enters into development agreements with permitted local cannabis businesses, under which businesses pay a community benefit fee. These development agreements are required to undergo an annual review under state law and create an administrative burden on local businesses and City staff.

C. This Ordinance would impose a business and professions tax on persons engaged in commercial activity in the City involving cannabis products (the “Measure”). This business and professions tax would apply to persons engaged in commercial cannabis activity instead of the business and professions tax rates set forth in Article II of Chapter 3.35 of Title 3 of the South Lake Tahoe City Code. All other regulations, which have been working, would be unaffected.

D. Since the first new business opened in 2020, several retail stores with delivery and a microbusiness with a large indoor cultivation operation have been operating legally in South Lake Tahoe, in addition to the existing medical dispensary that had been operating previously. These businesses have not attracted crime, there have been very few problems for residents, and the businesses have generated funding for the local economy and grants for local non-profit organizations.

E. The Measure would allow the City to continue to address the service priorities that residents have identified as important, including maintaining fire protection and fast emergency response, reducing the threat of wildfires, repairing streets and potholes, and maintaining snow removal, as well as nonprofit community benefit grants and other services that are critical to our neighborhoods and residents’ health and safety.

F. South Lake Tahoe residents benefit from the hundreds of thousands of dollars paid by visitors to our community who shop at local cannabis businesses. This Measure ensures that we continue to make sure visitors are contributing to the local services they use and impacts they have on residents.

G. The Measure includes fiscal accountability provisions including an annual independent financial audit to enhance accountability and transparency. No Measure funds could be taken 1063
Ordinance 2022-XXX June 21, 2022 Page 2 of 8
by the county, state, or federal government and funds must be used exclusively in South Lake Tahoe to address local needs.

H. The City Council may submit the Ordinance directly to the voters pursuant to Section 9222 of the California Elections Code.

I. The tax must be approved by a majority of the electorate to be effective.

J. At a properly noticed meeting on June 21, 2022, the City Council adopted a resolution to call a general election for November 8, 2022.

K. On the general election on November 8, 2022, the City will submit to the qualified voters of the City the Ordinance to impose a general tax on commercial cannabis activity in the City.

Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:

SECTION 1. Article III of Chapter 3.35 of Title 3 of the South Lake Tahoe City Code is hereby adopted to read as follows:

Article III. Cannabis Business and Professions Tax

3.35.350 - Title.

This article shall be referenced as the “South Lake Tahoe Cannabis Business and Professions Tax.”

3.35.360 - Purpose.

This article is adopted for the following purposes and shall be interpreted to accomplish them:

A. To impose a tax on the privilege of conducting cannabis business in the city, under the state Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code section 26000, Proposition 64, approved by the voters in November 2016 and as amended to date (“MAUCRSA”), which legalized and regulates adult use of cannabis in California, and other applicable law as it now exists or may hereafter be adopted; B. To impose a general tax to generate revenues which may be used in the discretion of the city council for any lawful purpose of the city;
C. To specify the type of tax and rate of tax to be levied and the method of collection; and D. To comply with all requirements for imposition of a general tax.

This article is enacted solely to raise revenue, not for regulation. It shall apply to all persons engaged in cannabis business in the City. The tax imposed by this article is a general tax under Article XIII C of the California Constitution.

3.35.370 - Definitions.

For the purposes of this article, the following words shall have the meanings ascribed to them by this section unless the context makes apparent another meaning was intended. 1064
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“Cannabis” has the meaning stated in section 6.55.710 of this code. “Cannabis business“ means the activity of any natural or legal person, business, or collective in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (including both wholesale and retail sales) of cannabis, cannabis products, or cannabis accessories, whether or not carried on for gain or profit, whether for medical or adult use, and whether or not such business is licensed by the State. A cannabis business does not include any business the only relationship of which to cannabis or cannabis products is the production or sale of cannabis accessories.
“Cannabis product” has the meaning stated in section 6.55.710 of this code. “Canopy” has the meaning stated in section 6.55.710 of this code. The city manager may, but is not required, to determine canopy from the area described in a cultivation license issued by the city whether or not the licensee actually cultivates that entire area. “City manager” means the city manager or designee.
“Collector” means the city manager or a person charged by the city manager to administer this article. “Commercial cannabis cultivation” means cultivation conducted by, for, or as part of a cannabis business. Commercial cannabis cultivation does not include personal medical cannabis cultivation, or cultivation for personal adult use as authorized by the MAUCRSA, including Health & Safety Code section 11362.1 et seq., for which the individual receives no compensation whatsoever. “Cultivation” has the meaning stated in section 6.55.710 of this code. “Delivery” has the meaning stated in section 6.55.710 of this code. “Retailer” has the meaning stated in section 6.55.710 of this code. “Distributor’’ has the meaning stated in section 6.55.710 of this code. “Gross receipts,” except as otherwise specifically provided in this article or by regulation authorized by this article, has the meaning stated in section 3.00.010 of this code. “Manufacturer” has the meaning stated in section 6.55.710 of this code. “Person” means any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
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3.35.380 - Cannabis Business and Professions Tax.

A. There is hereby imposed on every person who engages in cannabis business in the city an annual cannabis business and professions tax in the amounts stated in this section or such lesser amounts as the City Council may from time to time establish by resolution.

B. Section 3.35.280 notwithstanding, the initial rate of the cannabis business and professions tax shall be as follows:

1. For every cannabis business engaged in commercial cannabis cultivation in the city:
a. Twenty dollars ($20.00) annually per square foot of canopy.

2. For every cannabis business that engages in any other cannabis business in the City whether or not that cannabis business is lawful under this code or other law:
a. Six percent (6%) of gross receipts annually.

Should a city cannabis use permit be issued to a business which cultivates only for certain months of the year, the collector shall prorate the tax as to sufficiently reflect the time in which cultivation occurs. In no case shall any portion of the canopy authorized by a city cannabis use permit but not used for cultivation be deducted from the tax base unless the taxpayer informs the collector in writing before the canopy or portion thereof is disused and the collector provides written evidence of relief from tax.

C. The city council may, by resolution, implement a tax rate lower than the maximum rate established in subsection (B) of this section for all persons engaged in cannabis business, or establish differing tax rates for different categories of cannabis business. The city council may, by resolution, decrease or increase such tax rates without further voter approval provided the tax rate is not above the maximum tax rate established in subsection (B) of this section.

3.35.390 - Payment obligations.

Each person subject to a tax under this article shall pay that tax regardless of any rebate, exemption, incentive, or other reduction elsewhere in this code, except as required by state or federal law. Failure to pay such a tax shall be subject to penalties, fines and interest charges established under section

3.35.200 of this code, and the city may resort to any or all other remedies available at law or in equity to enforce this article. No provision of this article shall be interpreted to reduce a tax rate established under this article or otherwise reduce the taxes paid hereunder unless the provision specifically requires that reduction.

3.35.400 - Tax payment does not authorize activity.

The payment of a tax imposed under this article does not authorize the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this article authorizes or implies the lawfulness of any activity connected with the distribution or possession of cannabis unless otherwise authorized and allowed in strict and full conformance with this code. Nothing in this article is intended to authorize commercial cannabis activity.
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3.35.410 - Cannabis tax is not a sales tax.

The tax imposed by this article is upon the privilege of doing business in the city. It is not a sales or use tax.

3.35.420 - Returns and remittances.

The tax imposed by this article shall be due and payable as follows:

A. Each person owing tax under this article shall provide a tax return to the city manager on or before the last business day of each month stating the tax owed for the preceding month and the basis of its calculation. The taxpayer shall remit the tax owed to the city manager when the return is due.

B. The city manager may establish a form for tax returns submitted under this section and, if so, use of that form shall be mandatory.

C. Tax returns and payments for all outstanding taxes, penalties and interest owed the city are immediately due upon cessation of business for any reason.

D. Postmarks are not accepted and payments, statements, reports, requests, or other communications must be physically in the office of the collector when due. If the due date falls on a day when city offices are not open for business, the due date shall be the next following business day.

E. Unless otherwise provided by this article, the tax imposed by this article is delinquent if not paid by the due date specified in subsection (A) of this section.

F. The city manager need not send a bill or delinquency or other notice to any person subject to a tax imposed by this article and failure to send such bill or notice shall not affect the validity of any tax, interest or penalty due under this article.

3.35.430 - Audits.

The city manager shall arrange for an annual independent audit of the receipts and expenditures of the taxes imposed by this article. He or she shall share that audit report with the city council and make it available for public inspection.

3.35.440 - Refunds.

A. No refund shall be made of any tax collected pursuant to this article, except as provided in this section.

B. No refund of any tax collected pursuant to this article shall be made because of the discontinuation, dissolution, or other termination of a cannabis business. 1067
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C. If a tax, penalty, or interest imposed under this article has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the city, such amount shall be refunded to the person who paid it upon a written claim for refund filed with the collector within one year of the payment sought to be refunded, and all such claims for refund of the amount of overpayment must be filed with the collector on forms furnished by the collector.

D. Any person entitled to a refund of sums paid under this article may ask the city to apply it as a credit against future obligations under this article.

E. The collector may examine and audit all the books and business records of a refund claimant to determine entitlement to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of the claimant’s books and business records.

3.35.450 - Tax administration.

A. It shall be the duty of the city manager to collect the taxes, penalties, and interests, and perform the duties this article requires.

B. The city manager may from time to time promulgate such administrative rules and procedures consistent with the purpose, intent, and terms of this article as the city manager deems necessary to implement or clarify it or to aid in its enforcement. The city manager shall give notice of those regulations as required for ordinances of the city council and such regulations shall take effect upon such notice unless a particular regulation provides otherwise.

C. The city manager may take such administrative actions as needed to administer the tax, including but not limited to:

1. Provide information about this article to any taxpayer;

2. Receive and record all taxes remitted to the city under this article;

3. Maintain records of taxpayer reports and taxes collected under this article;

4. Assess penalties, fines and interest charges to taxpayers under this article;

5. Determine amounts owed and enforce collection under this article; and

6. Take such other reasonable steps as he or she deems appropriate to enforce this article.

D. The penalties, fines, and interest for delinquent payments in section 3.35.200 of this code shall apply to this article. The city council may establish by ordinance or resolution additional penalties, fines and interest charges related to this article. 1068
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3.35.460 - Appeals.

Any person aggrieved by any decision of the city manager or collector under this article may appeal to the city council pursuant to the procedures described in Section 2.35 of this code.

3.35.470 - Consistency with business license tax.

The city council intends this article to be enforced consistently with the balance of chapter 3.35 of this code and any rule or regulation promulgated under chapter 3.35 except as this article expressly requires to the contrary.

3.35.480 - Constitutionality and legality.

A. The tax imposed under this article is intended to be applied consistently with the United States and California Constitutions and applicable law. The tax shall not be applied to cause an undue burden upon interstate or inter-city commerce, a violation of the equal protection or due process clauses of those Constitutions, to constitute a special tax, or to violate any other provision of applicable law.

B. Notwithstanding section 3.35.410 of this article, a cannabis business may separately identify the tax on invoices, receipts and other evidences of transactions.

SECTION 2. To the extent Article XIII C of the California Constitution allows, the City Council may amend this Ordinance without a vote of the people, except that voter approval shall be required for any amendment that would increase, within the meaning of Government Code section 53750, subdivision (h), the tax rate beyond the maximum rates this Ordinance authorizes.

SECTION 3. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that its enactment would have a significant effect on the environment (Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and because the Ordinance involves the approval of government revenues to fund existing services (Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4). It does not make any commercial activity lawful nor commit the City to fund any particular activity.

SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of South Lake Tahoe declare that they would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion of it, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions might be declared invalid or unconstitutional.

SECTION 5. This ordinance shall take effect, under Elections Code sections 9217 and 9122, 10 days after certification of its approval by a majority of those voting on the measure at the November 8, 2022 general municipal election.
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SECTION 6. Upon approval by the voters, the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it to be published according to law.

Adopted by the City of South Lake Tahoe City Council on August 9, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Published:

Second Reading:

Effective:

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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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 21, 2022
Agenda Item #: 15
Agenda Item: New Target for Greenhouse Gas Emissions Reduction by 2030 to Support Sierra Business Council Grant Application for Climate Action Funding to ICLEI Local Governments for Sustainability USA, Inc.

Executive Summary: Staff recommends partnering with the Sierra Business Council on a grant request, which would require the City to pass a resolution establishing a science-based target for greenhouse gas emissions. A science-based target for greenhouse gas reductions by 2030 would mean that South Lake Tahoe would need to slightly increase our emissions reduction target, as established in the 2017-26 Resolution which established our greenhouse gas reductions goals. As such our target would be a 59.2% reduction from the 2018 level. Establishing this target is in alignment with the best available science and it also opens up eligibility for some funding sources which can help us in achieving this reduction goal.

Requested Action / Suggested Motions: (1) Pass a Resolution establishing a science-based target for greenhouse gas emissions reduction by 2030; and (2) Pass a Motion authorizing the City Manager to work with the Sierra Business Council as a project partner/beneficiary in its grant application to ICLEI USA.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Responsible Staff Member: Sara Letton, Sustainability Coordinator, 530-542-6175 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01 - Staff Report on Science Based Target for Greenhouse Gas Emissions.docx 02 - Resolution Adopting Science Based Target for Greenhouse Gas Emissions.docx 03 - ICLEI USA Climate Funding Opportunity.pdf
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City of South Lake Tahoe
Report to City Council
Meeting Date: June 21, 2022
Title: Science-Based Target for Greenhouse Gas Emissions Reduction by 2030 Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator, (530) 542-6175 Background: In April 2017, City Council passed Resolution 2017-26 committing to 100% Renewable Electricity community-wide by 2032 and a community greenhouse gas emissions reduction goal of “80% by 2040, including a reduction of at least 50% by 2030.” The baseline year for reduction targets was 2015. When the 2017 resolution was drafted, the greenhouse gas targets were based on similar targets being set at the time by other communities in the U.S.

In December 2021, the City Council passed a Resolution 2021-104 aspiring to achieve 100% renewable electricity, 24/7, from carbon free sources, connected to the local grid by 2030. This goal sets a higher bar than simply ‘100% renewable energy’ because it means that the City would actually be consuming electrons generated by renewable energy 24 hours a day, rather than by purchasing renewable energy credits while actually consuming fossil-based energy. In summary, ‘24/7 carbon free energy’ undoubtedly reduces more greenhouse gases than ‘100% renewable’.

The methodology for accounting for greenhouse gas reductions based on ‘24/7 carbon free energy’ is in development now.

The City of South Lake Tahoe has been a member of International Council for Local Environmental Initiatives (ICLEI) for several years. This is a global network of more than 2500 local and regional governments committed to sustainable urban development and active in 125 countries (iclei.org). The City of South Lake Tahoe has been using their U.S. Community Protocol to inventory greenhouse gases since a 2015 baseline was established. This is updated every three years.

ICLEI encourages science-based targets. “These are climate goals in line with the latest climate science. They represent your community’s fair share of the ambition necessary to meet the 2015 Paris Agreement commitment to keep warming below 1.5 degrees Celsius … Science-Based Targets build internal and external support needed to achieve ambitious greenhouse gas reductions and boost public confidence in local climate action. They show local governments what they need to do by 2030 and 2050, spurring innovation and collaboration” (Inventory Guidance for Science-Based Targets, ICLEI USA, 2021).

ICLEI’s Science-Based Target methodology is based on the World Wide Fund for Nature’s (WWF) One Planet City Challenge and adapted for local governments. It accounts for a jurisdiction’s fair share of emissions, meaning that more is expected of those who have contributed more historical 1072
Council Agenda Report- June 21, 2022 Page 2 of 4
emissions. It offers both a 2030 per capita and absolute emissions target. It is meant to be the “guiding goal and interim step for your community as it pursues carbon neutrality by 2050.” Note that the state of California has set a more ambitious carbon neutrality goal by 2045 via SB 100 (CARB 2022).

The Science-Based Targets for 2030 calculated by ICLEI for the City of South Lake Tahoe are:

Per Capita: 63.3% reduction in Greenhouse Gas Emissions Absolute: 59.2% reduction in Greenhouse Gas Emissions
An absolute emissions target considers population growth and offers a more definitive reduction regardless of population impacts and or external impacts (e.g. tourism). This target is South Lake Tahoe’s recommended minimum greenhouse gas reduction by 2030 to be in alignment with the Intergovernmental Panel on Climate Change’s (IPCC) recommended reduction in order to keep global warming to below 1.5 degrees Celsius above pre-industrial levels (2.7 degrees Fahrenheit).

1.5 degrees Celsius is an important target described in the 2021 IPCC Report. Beyond 1.5 degrees, irreversible climate, ecological, social and economic impacts accrue quickly. For example, “marine sheet ice instability in Antarctica and/or irreversible loss of the Greenland ice sheet could result in multi-metre rise in sea level… These instabilities could be triggered at around

1.5 to 2 degrees of global warming” (IPCC 2021). Locally, climate change is already projected to increase average temperatures by 4.4 degrees Celsius (8 degrees Fahrenheit) and decrease snowpack by half by late century. This will lead to increased risk of wildfire and forest insect attack. Algae growth will become an increasing problem in the lake. Weather will be far more variable year to year, and extreme weather events will increase (State of the Lake, TERC, 2021).

Being in alignment with the latest science is ethical, logical and responsible. In addition, adopting a Science-Based Target makes the City and nonprofit partners eligible for grant funding for which it would otherwise not be eligible. Sierra Business Council approached city staff, interested in applying to ICLEI’s Action Fund for $1 million. With City Manager consent, staff worked with the Sierra Business Council to submit a simple, high level ‘expression of interest’ presenting greenhouse gas reduction project ideas to ICLEI. Sierra Business Council has recently been invited to submit an application, with the City as a partner, by July 15. The application will be eligible if an Science-Based Target is in place by the submission date.

Issue and Discussion: When the 2017 greenhouse gas reduction goals were set, they were based on what other communities were similarly committing to at the time. Since then, however, science-based targets have been developed.
 In 2017, Council set a greenhouse gas reduction goal of 50% reduction (which is 121,598 metric tons of carbon dioxide equivalent, MT CO2e) from the 2015 baseline (a target of 121,598 MTCO2e community-wide by 2030).
 This proposed Science-Based Target sets a goal of a 59.2% reduction (which is 155,795 MTCO2e) from the 2018 total (a target of 107,372 MTCO2e by 2030).

The new Science-Based Target proposes reducing our 2030 emissions by an additional 14,000 MTCO2e, approximately (the difference between the targets).

In December 2021, Council passed an aspirational goal of achieving 100% of our electricity from carbon free sources 24 hours a day, seven days a week by 2030. That is a lofty goal that will not be affected by this Science-Based Target, which is an umbrella goal that towards which the 24/7 Carbon Free Energy Resolution would contribute. The Science-Based Target includes not just municipal and community-wide renewable electricity, but also transportation and building sector emissions and all other emissions.
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Establishing a Science-Based Target opens funding opportunities, specifically, eligibility for the grant from ICLEI USA for which the Sierra Business Council has been invited to apply. City staff recommends working with Sierra Business Council on this grant application to focus on the City’s electric vehicle and greenhouse gas reduction targets set in the 2020 Climate Action Plan (CAP EV-1 and EV-2). The City would seek to bolster the South Shore Transit Management Authority’s forthcoming on-demand micro-transit pilot by acquiring (and accepting ownership of) three electric shuttle vans and accompanying electric charging infrastructure. The City would offer a low-cost rental to SSTMA’s micro-transit provider in an attempt to demonstrate success of electric vehicles as part of a growing micro-transit program. In addition, Sierra Business Council would work with a reputable technology company with expertise in 24/7 Carbon Free Energy to implement technology optimization systems that will allow the City to balance loads of the City’s distributed energy resources, such as electric vehicles and charging, as well as solar projects. We hope to charge the vehicles at night with solar energy captured in a battery. Chargers would be purchased via other programs, and potentially one DC charger for fleet vehicles would be purchased with new grant funding.

Two internal combustion vans would be offset with electric vehicles and one additional electric vehicle van would be added in 2023.

Financial Implications: The adoption of an Science-Based Target does not obligate the city to expend resources. If Sierra Business Council applies for and is awarded a grant, the City could indirectly financially benefit. The City could be the recipient of electric transit vehicles that it could rent out for at least the cost of maintenance (or more); it could be the recipient of electric vehicles charging stations (including the required planning, infrastructure, and installation costs). These charging stations could be used to charge other city fleet electric vehicles.

Participation in the grant project partnership does not pose a net cost, but will require some staff time to guide the project. If project funds are awarded, funds would need to be spent by January 2024 by Sierra Business Council.

Environmental Considerations: This resolution is not a project requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378 because it sets a policy goal to set a science-based target for greenhouse gas emissions by 2030 but does not in and of itself have a potential for resulting in a negative physical change to the environment. Specific projects to advance this policy goal that are unknown at this time may require CEQA review and will undergo review prior to approval.

Policy Implications:

Adopting a Science-Based Target is in alignment with Resolution 2017-26, Establishing Renewable Energy and Carbon Emissions Reduction Goals for South Lake Tahoe, while setting a slightly higher reduction goal. The 2020 Climate Action Plan remains the roadmap for achieving greenhouse gas reductions. The Science-Based Target addresses the City’s established values of innovation; equity and inclusion; vitality; and sustainability, and supports Strategic Priority 1.5 for Carbon Neutrality.

The proposed grant-funded project achieves progress on Strategic Priority 1.4 Action 7 to “Partner with the new South Shore Events Center and South Shore Transportation Management Association to expand and electrify micro-transit service.” The proposed project would achieve progress on Climate Action Plan Strategies:
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 EV-1: “Promote and incentivize EVs and EV chargers”, and  EV-2: “Convert public agency fleets to EVs or alternative fuels.”  RE-1: “Transition City to 100% renewable electricity” 1075
Resolution 2021-XXX June 21, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 21, 2022
Science-Based Target for Greenhouse Gas Emissions Reduction by 2030

BACKGROUND
A. The goals set forth in 2017-26 are to achieve 100% Renewable Electricity community-wide by 2032 and a community greenhouse gas emissions reduction goal of “80% by 2040, including a reduction of at least 50% by 2030.”
B. Those goals in 2017-26 were based on similar commitments of other U.S. communities at the time and approximated the best science.

C. The goal set forth in Resolution 2021-104 aspiring to 100% renewable electricity, 24 hours a day, 7 days a week, from carbon-free sources, connected to the local distribution grid by 2020, community-wide. It authorized enrollment in the United Nations 24/7 Carbon-free Energy Compact. And, it established an aspiration to achieve goals set forth in the South Tahoe Zero Emissions District plan to create a clean, resilient, affordable, efficient and equitable electricity system, which includes maximum electrification of transportation, heating, and other sectors; models state-of-the-art energy efficiency, electrification, energy management systems, time of use strategies, distributed renewable energy, energy storage systems, and clean energy microgrid solutions; and saves money for local residents, ratepayers and public institutions through customer-owned projects.

D. Resolution 2021-104 remains helpful and relevant to achieving a science-based target.

E. International Council for Local Environmental Initiatives (ICLEI), of which the City is a member, has established a specific science-based greenhouse gas reduction target based on 2018 greenhouse gas inventory numbers that are in alignment with the 2015 Paris Agreement and the best available science, including the 2021 Intergovernmental Panel on Climate Change 1.5 degree Celsius report.

F. Our 2020 Climate Action Plan remains a relevant roadmap for greenhouse gas reduction actions.

G. According to the Intergovernmental Panel on Climate Change, humans have already caused approximately 1 degree Celsius of global warming and it is likely to reach 1.5 degrees between 2030 and 2052 if current trends continue.

H. Establishing a science-based greenhouse gas reduction target opens funding possibilities for implementing projects which help to achieve greenhouse gas reductions. 1076
Resolution 2021-XXX June 21, 2022 Page 2 of 2
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Adopts a science-based target for absolute greenhouse gas emission reduction of 59.2% from our 2018 total greenhouse gas emissions inventory level. This means achieving a reduction of 155,795 MTCO2e by 2030, and community-wide zero net carbon by 2045 or before.

Adopted by the City of South Lake Tahoe City Council on June 21, 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 a true and correct copy as approved by the South Lake Tahoe City Council.
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6/14/22, 8:57 AM Climate Action Funding Opportunity: Action Fund | ICLEI USA https://icleiusa.org/climate-action-funding-opportunity-action-fund/ 1/23 Climate Action Funding Opportunity:

Action Fund
 ICLEI USA(https://icleiusa.org/author/icleiusa/)
 March 4, 2022(https://icleiusa.org/2022/03/04/)
  
(https://icleiusa.org)

1078
6/14/22, 8:57 AM Climate Action Funding Opportunity: Action Fund | ICLEI USA https://icleiusa.org/climate-action-funding-opportunity-action-fund/ 2/23 We are delighted to announce an incredible opportunity to develop and deploy highly visible and replicable projects that demonstrate community-led, datadriven, and lasting innovation in local climate action through the Action Fund! Made possible through funding from Google.org, ICLEI Local Governments for Sustainability USA, Inc. (ICLEI USA) is accepting expressions of interest (EOI) from nonprofit and civil society organizations or consortiums of organizations (located in the US or US territories) that have a plan to accelerate the implementation of a city climate action plan while addressing inequality.

Each of the two awardees or consortiums will receive $1,000,000 to fund activities identified by the awardee and ICLEI USA and supported by local government leadership.

ICLEI USA is now accepting EOI until April 11th, 2022 (Submit here (https://forms.gle/TdQeZWo5BUNfksCR7)). A round of finalists will be advised by May 11, 2022, of the opportunity to provide a full proposal.

Read more about the Action Fund EOI requirements, timeline, information session, General FAQ, and Answered Questions from Information Session.

Expressions of Interest Requirements
Applicants will propose activities that support, leverage, or align with:

A city-wide greenhouse gas (GHG) inventory and related science-based target (https://icleiusa.org/science-based-targets-for-u-s-communities/) Political will to advance climate action, climate equity, and just energy transitions
A climate action plan that includes goals related to at least one of the following: sustainable mobility, buildings, solar energy development, air quality management, or urban tree canopy
The city’s ability to qualify for or implement public or private funding to multiply the impact of the Google.org award (e.g., federal or foundation grants)
A city that has not received a donation or grant funding or been the beneficiary of funding of $1,000,000 or more in the past 2 years (via 1079
6/14/22, 8:57 AM Climate Action Funding Opportunity: Action Fund | ICLEI USA https://icleiusa.org/climate-action-funding-opportunity-action-fund/ 3/23 American Cities Climate Challenge or other climate or energy-related program)
ICLEI USA will review expressions of interest and invite full proposals from applicants meeting the above criteria. In addition, ICLEI USA will provide technical assistance during the proposal development and project deployment phases and support communication efforts to share results and lessons learned from selected projects.

Learn more about the Action Fund and the expressions of interest requirements here
(https://secureservercdn.net/50.62.89.79/v56.521.myftpupload.com/wpcontent/uploads/2022/02/FINAL-action-fund-EoI_ICLEI-USA.docx.pdf).

Timeline
April 11th, 2022 Expressions of interest due (Submit EOI here (https://docs.google.com/forms/d/e/1FAIpQLSeMML1i4yyTw2qnejlRSLcK xjGMtD1HgjCDCyIclGS7phx6OQ/viewform))
May 11th, 2022 Invitations to apply announced at the ICLEI World Congress
July 15th, 2022 Full proposals due
September 16th, 2022 Awards announced
December 16th, 2022 Complete due diligence and execute contracts January 15th, 2024 Activities completed and funds spent Action Fund Information Session
We are hosting an information session about the Action Fund on March 16th from 1 PM – 1:30 PM EST. Join us to learn more about the Action Fund, outline how to apply, and answer participants’ questions. Register today (https://icleiusa.org/event/action-fund-information-session/)! 1080
6/14/22, 8:57 AM Climate Action Funding Opportunity: Action Fund | ICLEI USA https://icleiusa.org/climate-action-funding-opportunity-action-fund/ 4/23 (https://secureservercdn.net/50.62.89.79/v56.521.myftpupload.com/wpcontent/uploads/2022/03/Webinar.png) General FAQs
Q: Does the city need to be an ICLEI member to apply?
A: No, but the city must meet the prerequisite requirements: GHG inventory, Science-based target, and high-impact action summary, all of which are available to ICLEI members. Contact us if you have questions.

Q: Can the funds be granted to the city for regranting to non-profits? A: No, funds must flow directly from ICLEi USA to a nonprofit or civil society organization
Q: We would like to support a contiguous group of cities (e.g. the Denver region). Is this acceptable?
1081
6/14/22, 8:57 AM Climate Action Funding Opportunity: Action Fund | ICLEI USA https://icleiusa.org/climate-action-funding-opportunity-action-fund/ 5/23 A: Yes, but you will need the expressed support of the highest-level elected official from each city if you are invited to submit a full proposal.

Q: I represent a regional council of governments. Can I apply and propose actions to support my region?
A: Assuming your regional council of governments is a nonprofit entity, yes you may apply. The activities you propose can benefit the entire regional boundary. You will need to demonstrate support of the regional organization by providing a declaration or other notice of agreement from the governing body of the Regional Council. We assume that these board members will be representatives of local governments within the region.

Q: We are a national nonprofit organization serving cities and counties across the United States. Can we apply and serve many of our constituents?
A: As a nonprofit organization you can apply. You can suggest a set of activities that supports one and only one city or county within your network. You can suggest activities that support more than one city or county, but only if those two local governments are contiguous to one another and share a geographic boundary.

Q: Can the funding be used to support cities and counties outside of the United States?
A: No.

Q: I represent a nonprofit organization working with a number of cities across the US who would like to have a new software tool developed. Can the funds be used to develop this tool?
A: The action fund is designed to support the implementation of a local climate action plan. It is not intended for assessments or planning processes.

Applications will need to demonstrate that the activity or activities proposed will result in tangible and quantifiable greenhouse gas reductions and they support a climate action plan of a single city, county or contiguous group of local governments.

Q: Is there a page limit to the expressions of interest? 1082
6/14/22, 8:57 AM Climate Action Funding Opportunity: Action Fund | ICLEI USA https://icleiusa.org/climate-action-funding-opportunity-action-fund/ 6/23 A: Please be concise in your response. We are looking for 1 to 2 paragraph responses to each of the three questions. A group of applicants will move to a second round where a full proposal will allow applicants to provide much more detail about the proposed activities.

Q: Our non-profit was very interested in applying for this funding. Though our city has conducted a Green House Gas Inventory and City Council has passed a Carbon Neutral Resolution, the Climate Action Plan is still being developed. So, we cannot qualify for this year’s grants. Will there be another funding opportunity like this next year?
A: We certainly hope so, however, we have no commitment for future funding at this time. Thank you for your interest and congratulations on getting to this point in the journey. Let us know how ICLEI can continue to support the CAP development.

Answered Questions from Information
Session
If you submitted questions during the March 16th, 2022 Action Fund Info Session, please refer to the following sections to read answers: Eligibility Questions, Role of Cities and Counties with Action Fund, Requirements for Climate Action Plan, Expressions of Interest Application (General), Demonstration of Community Need, and Information about Google.org Grant Funds.

Is your question not answered? Submit your question(s) about the Action Fund here (https://forms.gle/ps7XPqEZ8z5Hxs546) (open until March 28th)!
Eligibility Questions
Q: Who can apply to the Action Fund?
Are local county governments eligible to apply for these funds? Is this funding only available to cities?
1083
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 21, 2022
Agenda Item #: 16
Agenda Item: Presentation - Multi-Generational Recreation and Aquatics Center Final Design Executive Summary: Over the last several years, the public, stakeholder groups, City staff, consulting teams, El Dorado County, the California Tahoe Conservancy, and the Tahoe Regional Planning Agency have coordinated efforts to bring this landmark community project to the construction phase. As you can see by the history above, the City, stakeholders, agencies, and project team have made consistent and timely progress in delivering a project of this magnitude to bid.

Staff is pleased to present the final project and update City Council.

Requested Action / Suggested Motions: Receive Presentation.

Responsible Staff Member: Jim Marino, Capital Improvement Projects Manager Responsible Staff Member: Jim Marino, Capital Improvement Projects Manager (530) 542-6027 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report.docx
02-Presentation
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Council Agenda Report June 21, 2022 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: June 21, 2022
Title: Presentation – Multi-Generational Recreation and Aquatics Center Location: 1176 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Jim Marino, Capital Improvements Manager (530) 542-6027.

Background:

The following is a chronological history of the project development:
 July 2020 - City Council approves agreement for Architectural and Engineering Services with Jordan Knighton of Tahoe City California for the design development of the City’s new Multigenerational Recreation and Aquatics Center.  August 2020 – City and Architect began the preliminary scoping of facility size, location, and program elements
 September 2020 - City and Architect prepare rough order of magnitude costs for the project based on preliminary programming.
 October 2020 - City Council commits to preliminary project budget to move forward into formal design.
 January 2021 - Final programming is achieved, and Programming Report is generated and distributed to the project team.
 March 2021 – City Council approves agreement for Construction Engineering Services (CE) with SierraCon/CORE of South Lake Tahoe California to support city with pre-construction engineering, quality control, and cost estimating.
 August 2021 – Schematic Design phase of the facility and site completed.  December 2021 – Design Development phase of the facility and site is completed.  January 2022 - Agreement and Ground Lease with El Dorado County for Development, Operation, and Maintenance of the 56-Acre Property is approved; and the 56 Acres Master Plan is adopted by City Council and El Dorado County
 March 2022 – Construction Documents are completed for Phase 1 (site and utility work)  April 2022 – TRPA Permit is approved for full project scope (Phase 1 &2)  May 2022 – Project Phase 1 is released to the public for bidding and bids received and Construction Documents for Phase 2 are in review.

Issue and Discussion:

Over the last several years, the public, stakeholder groups, city staff, consulting teams, El Dorado County, the California Tahoe Conservancy, and the Tahoe Regional Planning Agency have coordinated efforts to bring this landmark community project to the construction phase. As you can see by the history above, the city, stakeholders, agencies, and project team have made consistent and timely progress in delivering a project of this magnitude to bid.
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Council Agenda Report June 21, 2022 Page 2 of 4
Staff is pleased to present the final project and update City Council.

Attachment 02 provides an overview of the design philosophy, site plan, floor plans and renderings of the proposed facility as of the endo of construction document phase.

At the time of this report, the project has achieved the following milestones:
 Coordination with, and completion of the 56 Acres Master Plan  Completion of Environmental Documents
 Completion of long-term Lease Agreement with El Dorado County  Land Exchange with El Dorado County
 Permitting from the Tahoe Regional Planning Agency
 Construction Documents for Phase 1 & 2
 Phase 1 Bidding
Upcoming Milestones include:
 Award Phase 1 – Site and Utility Work - scheduled for June 21, 2022 award  Final Engineer’s Estimate (Phase 2 Complete)
 Financing and bonding (Phase 2)
 Finalization of construction documents and permitting for Phase 2  Bid Phase 2
 Award Phase 2 – Scheduled September 2022
 Begin Construction Phase 2 – Spring 2023
Phase 1 consists of site and utility work, and Phase 2 consists of facility construction, completion of utilities, final site work, landscape, and hardscape.

Financial Implications:

This presentation is to show the final design product. There are no financial implications associated with this presentation. Financial Implications pertaining to the financing, award, construction, and completion elements of the project (phase 1 & 2) will be brought forth with respective staff reports for the specific item.

Environmental Considerations:

California Environmental Quality Act (CEQA) negative declaration documents for the 56 Acre Master Plan and the Recreation and Aquatics Center were approved by the State Clearing House (file #2021120206) and the Notice of Determination filed with the El Dorado County Clerk on 1/19/2022.

Policy Implications:

The Project is consistent with the following Strategic Plan, General Plan, Community Plan and Recreation Plan documents:

Strategic Plan 1.2 – Mid-town Revitalization - Action Items

1. Complete the 56-acre Master Plan that includes implementation and funding strategies and enter into a lease agreement with El Dorado County.

2. Complete the new Recreation and Swim Complex.

General Plan Policy LU‐3.2: Neighborhood and Recreation Connectivity. The City shall improve connections and access to a wide range of recreational opportunities, which will improve the quality of life of residents and visitors.
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Council Agenda Report June 21, 2022 Page 3 of 4
General Plan 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.

General Plan Policy LU‐8.2: Native Plant Use. The City shall require the most environmentally efficient and attractive landscaping at all City‐owned public buildings and encourage their use and maintenance on private property
General Plan Policy LU‐9.1: Sustainable Construction Methods. The City shall promote the use of “green” and sustainable construction in new housing units, commercial developments, and mixed‐use centers.

General Plan Policy LU‐11.3: Equitable Distribution of New Public Facilities and Services. The City shall plan for the equitable distribution and use of new and upgraded public facilities and services that increase and enhance the entire community’s quality of life.

General Plan Policy LU‐11.4: Quality of Life for all Age Groups. The City shall develop a strategy to provide amenities and facilities that support a high quality of life for all age groups.

General Plan Policy ED‐1.10: Expanding Events and Entertainment Opportunities. The City shall encourage the sponsors of sporting events, festivals, parades, international competitions, and entertainment shows to hold events at public (e.g., Parks and Recreation facilities, roads, or public lands) and private facilities in South Lake Tahoe, particularly during off‐season (Spring and Fall). The City shall also participate in community organizations specifically formed for this purpose (e.g., Sports Commission).

General Plan Policy PQP‐8.4: Coordination with Utility Providers. The City shall coordinate with gas and electricity service providers to site and design gas and electric systems to minimize environmental, aesthetic, and safety impacts to existing and future residents.

General Plan Policy PQP‐10.1: Social Activity Centers. The City shall design new community centers and other types of public facilities as social activity centers.

General Plan Policy PQP‐10.2: Energy Efficiency in City Buildings and Facilities. The City shall incorporate energy efficiency standards into all City‐owned and operated buildings and facilities.

General Plan Policy PQP‐10.4: Joint‐Use Facilities. The City shall coordinate with other agencies to establish and maintain joint‐use facilities in South Lake Tahoe.

General Plan Policy ROS‐1.1: Recreational Services. The City shall design and develop recreational services to promote full use of recreational facilities within their design capacity.

General Plan Policy ROS‐1.5: Community Pool. The City shall develop high‐quality community pool facilities that can be used year‐ round, which includes such amenities as a permanent/retractable roof, splash pool, therapy pool, pool sprays, pool climbing wall, adventure apparatus and slides.

General Plan Policy NCR‐6.7: LEED Certified Public Buildings. The City shall develop all new City buildings to meet LEED standards.
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Council Agenda Report June 21, 2022 Page 4 of 4
Bijou/Al Tahoe Community Plan Chapter V(1) Objective 1: Increase the family oriented active and passive recreational opportunities to serve local residents as well as visitors.

Policy C: Provide a greater variety of sporting facilities in the "Government Center" District (CSLT Recreation Complex, Campground by the Lake, Lake Tahoe Community College, etc.), while maintaining those that are existing. Review the possibility of expanding the CSLT Parks and Recreation facilities located on Rufus Allen Boulevard. Additional outdoor uses (volleyball courts, horseshoe pits, picnic tables/eating areas, ice skate rink, etc.) would be an asset, when provided in conjunction with the existing uses at the complex.
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SOUTH LAKE TAHOE RECREATION CENTER
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SOUTH LAKE TAHOE RECREATION CENTER
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SOUTH LAKE TAHOE RECREATION CENTER
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SOUTH LAKE TAHOE RECREATION CENTER

SITE PLAN
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SOUTH LAKE TAHOE RECREATION CENTER

EXTERIOR ELEVATIONS
East Perspective
West Perspective
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SOUTH LAKE TAHOE RECREATION CENTER

EXTERIOR ELEVATIONS
North Perspective
South Perspective
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Exterior View at Entry
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SOUTH LAKE TAHOE RECREATION CENTER

FLOOR PLANS

AQUATIC PROGRAMS
Competitive Swim
Water Volleyball
Board Yoga
Inner Tube Water Polo
Deep Water Aerobics
Kayak Classes
Special Needs
Learn to Swim
High Altitude Training
Inflatable Obstacles
Pre-school / parent play
Water Exercise
Diving / Aerial Training
Special Events
Pool Parties
Physical Therapy

FITNESS PROGRAMS
Pickleball
Jazzercise
Basketball
Zumba
Senior Exercise
Volleyball
Kiddie Kickers
Yoga
Badminton
Futsal
Martial Arts
Virtual Fitness
Personal Training
Boys & Girls Club
Trade Shows
Sports Clubs
Outdoor Fitness
(56-Acre Master Plan)

COMMUNITY PROGRAMS
Senior Nutrition
Special Events
Arts Classes
Senior Activities
Specialty Classes
Community Meetings
Boys & Girls Club
Educational Classes
Seminars
Community Rentals

FIRST FLOOR
Gym
Lobby
Dance/Arts & Crafts/Party
Admin
Kitchen
Locker Rooms
Natatorium
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SOUTH LAKE TAHOE RECREATION CENTER

FLOOR PLANS

AQUATIC PROGRAMS
Competitive Swim
Water Volleyball
Board Yoga
Inner Tube Water Polo
Deep Water Aerobics
Kayak Classes
Special Needs
Learn to Swim
High Altitude Training
Inflatable Obstacles
Pre-school / parent play
Water Exercise
Diving / Aerial Training
Special Events
Pool Parties
Physical Therapy

FITNESS PROGRAMS
Pickleball
Jazzercise
Basketball
Zumba
Senior Exercise
Volleyball
Kiddie Kickers
Yoga
Badminton
Futsal
Martial Arts
Virtual Fitness
Personal Training
Boys & Girls Club
Trade Shows
Sports Clubs
Outdoor Fitness
(56-Acre Master Plan)

COMMUNITY PROGRAMS
Senior Nutrition
Special Events
Arts Classes
Senior Activities
Specialty Classes
Community Meetings
Boys & Girls Club
Educational Classes
Seminars
Community Rentals

SECOND FLOOR
Track & Fitness
MP Event / Event Deck
Restrooms
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Gymnasium
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Running Track / Gymnasium
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Main Lobby
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Main Lobby
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14 City Council Meeting | June 21, 2022

SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Main Lobby
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Main Lobby
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Main Lobby
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Main Lobby
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Main Lobby
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Natatorium
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Natatorium
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SOUTH LAKE TAHOE RECREATION CENTER
RENDERING | Event Space
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SOUTH LAKE TAHOE RECREATION CENTER

PROJECT SCHEDULE
PUBLIC

PRESENTATI
ON
TBD
PUBLIC

PRESENTATION
April 20
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SOUTH LAKE TAHOE RECREATION CENTER
THANK YOU!
1111
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: June 21, 2022
Agenda Item #: 17
Agenda Item: Contract with McCuen Construction Inc. for Phase 1 of the Multi-Generational Recreation and Aquatics Center and Related Amendments to Agreements with Jordan Knighton Architects and SierraCon/CORE
Executive Summary: Over the last several years, the public, stakeholder groups, city staff, consulting teams, El Dorado County, the California Tahoe Conservancy, and the Tahoe Regional Planning Agency have coordinated efforts to bring this landmark community project to construction phase.

During the design process, the project team made the decision to segregate the project into two phases.

Phase 1 consists of site and utility work, and Phase 2 consists of facility construction. On May 27, 2022 at 2:00 p.m. the Department of Public Works held a public bid opening. One (1) bid was received for the project from McCuen Construction of Loomis, CA in the amount of $2,755,730.55. McCuen Construction representatives were in attendance for the project’s May 12th pre-bid meeting and site walk. Staff has reviewed the proposal by McCuen Construction and has determined that the proposal is responsive to the bid requirements and conditions and is within the engineer’s estimated cost. Staff requests that the construction contract be awarded to McCuen construction, and also requests authorization for related amendments to the architectural and construction engineering services contracts and appropriation of Measure P funds to cover the scopes of work.

Requested Action / Suggested Motions: 1) Pass a Resolution appropriating $3,788,851.53 in Measure P Funds for the construction of the Multi-Generational Recreation and Aquatics Center ("Project") Phase 1 and associated Construction Administration and Construction Engineering Tasks; 2) Pass a Motion authorizing and directing the Mayor to execute a Public Works Contract with McCuen Construction, Inc. for $2,755,730.53 for construction of Phase 1 of the Project with 10% Construction Contingency of $275,573; 3) Pass a Motion approving Amendment No. 5 to Professional Services Agreement with Jordan Knighton Architects for $855,428 for Construction Administration Services for the Project Phase 1 & 2; and, 4) Pass a Motion approving Amendment No. 2 to Professional Services Agreement with SierraCon/Core for $330,072 for Construction Engineering Services for the Project Phase 1.

Responsible Staff Member: Jim Marino, Capital Improvements Project Manager Responsible Staff Member: Jim Marino, Capital Improvements Project Manager (530) 542-6027 Reviewed and Approved By:

Anush Nejad, Public Works Director
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
1112
01-Staff Report - Multi-Generational Recreation and Aquatics Center.docx 02-Engineers Estimate
03-Resolution-Recreation Center Construction Phase 1 Budget Appropriation.docx 04-Contract with McCuen Construction Inc.
05-Amendment 5 to Agreement with Jordan Knighton Architects.pdf 06-Amendment 2 to Agreement with SierraCon.pdf
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Council Agenda Report June 21, 2022 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: June 21, 2022
Title: Contract with McCuen Construction Inc. for Phase 1 of the Multi-Generational Recreation and Aquatics Center and Related Amendments to Agreements with Jordan Knighton Architects and SierraCon/CORE
Location: 1176 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Jim Marino, Capital Improvements Manager (530) 542-6027 Background: The following is a chronological history of the project development:
 July 2020 - City Council approves agreement for Architectural and Engineering Services with Jordan Knighton of Tahoe City California for the design development of the City’s new Multigenerational Recreation and Aquatics Center.  August 2020 – City and Architect began the preliminary scoping of facility size, location, and program elements
 September 2020 - City and Architect prepare rough order of magnitude costs for the project based on preliminary programming.
 October 2020 - City Council commits to preliminary project budget to move forward into formal design.
 January 2021 - Final programming is achieved, and Programming Report is generated and distributed to the project team.
 March 2021 – City Council approves agreement for Construction Engineering Services (CE) with SierraCon/CORE of South Lake Tahoe California to support city with pre-construction engineering, quality control, and cost estimating.
 August 2021 – Schematic Design phase of the facility and site completed.  December 2021 – Design Development phase of the facility and site is completed.  January 2022 - Agreement and Ground Lease with El Dorado County for Development, Operation, and Maintenance of the 56-Acre Property is approved; and the 56 Acres Master Plan is adopted by City Council and El Dorado County
 March 2022 – Construction Documents are completed for Phase 1 (site and utility work)  April 2022 – TRPA Permit is approved for full project scope (Phase 1 &2)  May 2022 – Project Phase 1 is released to the public for bidding and bids received Issue and Discussion: Over the last several years, the public, stakeholder groups, city staff, consulting teams, El Dorado County, the California Tahoe Conservancy, and the Tahoe Regional Planning Agency have coordinated efforts to bring this landmark community project to the construction phase. As you can see by the history above, the city, stakeholders, agencies, and project team have made consistent and timely progress in delivering a project of this magnitude to bid.

During the design process, the project team made the decision to segregate the project into two phases. Phase 1 consists of site and utility work, and Phase 2 consists of facility construction, 1114
Council Agenda Report June 21, 2022 Page 2 of 4
completion of utilities, final site work, landscape, and hardscape. The decision to segregate the project into two phases was motivated by two factors:

1. The short construction season timelines in the Tahoe Basin for grading and earthwork; and

2. The mitigation of underground utility and hazards risks prior to facility construction Phase 1, if awarded, is scheduled to begin July 2022, and be completed by November 2022 and consists of, but is not limited to: Site protection, tree removal, stump removal, abandonment and/or removal of existing above ground and underground utilities, installation of new utilities to support the future phase 2, installation of new utilities to support existing structures, relocation of an existing prefabricated restroom facility, grading, and winterization.

The proposed Phase 1 completion basically provides a relatively risk-free site for the Phase 2 ensuring that vertical construction can commence quickly in May 2023.

Since the decision to phase the project, the project team has also come to realize supply chain and labor issues affecting the world at this time will also play a role in the schedule of both phases. While this agenda item recommends the award of Phase 1 construction and corresponding consultant services, the project team is diligently working towards the release of Phase 2 to bid in the next several months in an effort to award in early fall. The fall 2022 award of Phase 2 would allow the contractor to secure long-lead items and materials prior to the proposed spring 2023 start for vertical construction.

The Department of Public Works released Phase 1 bid documents to the public on May 4, 2022. Five hundred and twenty-one (521) contractors and vendors licensed to perform the work were electronically notified via the city’s electronic bid site. In addition, the city’s Construction Management team also reached out to local area contractors. Thirty-four contractors downloaded documents for bidding.

On May 27, 2022 at 2:00 p.m. the Department of Public Works held a public bid opening. One (1) bid was received for the project. The bid received was from McCuen Construction of Loomis, CA in the amount of $2,755,730.53. McCuen Construction representatives were in attendance for the project’s May 12th pre-bid meeting and site walk.

Staff has reviewed the proposal by McCuen Construction and has determined that the proposal is responsive to the bid requirements and conditions and is within the engineer’s estimated cost (Attachment 02).

As such, staff is recommending the award of the Phase 1 Project to McCuen Construction Inc. of Loomis, CA in the amount of $2,755,730.53. Staff is also requesting authorization for related amendments to the architectural and construction engineering services contracts and appropriation of Measure P funds to cover the scopes of work.

The Multi-Generational Recreation and Aquatics Project represents the largest construction project the city has endeavored since its incorporation. The roughly $60 million dollar project is complex and requires a team of architectural, engineering, and construction industry professionals to assist the city and oversee the design, development, construction, and commissioning of the facility and components.

The California Architects Practice Act requires the Architect of Record (JKAE) to provide Construction Administration Services (CA). Additionally, the field supervision, coordination, and quality control of the project more appropriately known as Construction Engineering (CE) services requires its own team of professionals to move the project on schedule and hopefully within budget and protect the city’s interests.
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Council Agenda Report June 21, 2022 Page 3 of 4
Financial Implications: Most of the Phase 1 Contract costs proposed herein are secured by existing Measure P funds received to date. However, the city will also be using utilizing a State of California Prop 68 Per Capita grant ($177,952) and a Recreational Infrastructure Revenue Enhancement (RIRE) grant ($250,000) for a total of $427,952 to support the relocation of the existing campground restroom to a new location beyond the recreation and aquatics center project area. The use of the grants reduces the Measure P contribution towards the construction of Phase 1 to $2,327,778.53. The scope of work associated with the restroom relocation will be paid from the existing CIP fund 30160069-48030 which is separated for grant accounting purposes.

Table A below provides the proposed funding and expenses for Phase 1. The Resolution (Attachment 03) provides detailed information.

Fund: (from) To: Project Fund/Object Amount:
36309 Transfer in Measure P 30160018-48030 $2,327,778.53 36309 Transfer in Measure P 30160018-48032 $275,573.00
36309 Transfer in Measure P 30160018-42020 $1,185,500.00 Total $3,788,851.53
Table A – Transfer of Measure P to Project Fund
Environmental Considerations: California Environmental Quality Act (CEQA) negative declaration documents for the 56 Acre Master Plan and the Recreation and Aquatics Center were approved by the State Clearing House (file #2021120206) and the Notice of Determination filed with the El Dorado County Clerk on 1/19/2022.

Policy Implications: The Project is consistent with the following Strategic Plan, General Plan, Community Plan and Recreation Plan documents:

Strategic Plan 1.2 – Mid-town Revitalization - Action Items

1. Complete the 56-acre Master Plan that includes implementation and funding strategies and enter into a lease agreement with El Dorado County.

2. Complete the new Recreation and Swim Complex.

General Plan Policy LU‐3.2: Neighborhood and Recreation Connectivity. The City shall improve connections and access to a wide range of recreational opportunities, which will improve the quality of life of residents and visitors.

General Plan 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.

General Plan Policy LU‐8.2: Native Plant Use. The City shall require the most environmentally efficient and attractive landscaping at all City‐owned public buildings and encourage their use and maintenance on private property
General Plan Policy LU‐9.1: Sustainable Construction Methods. The City shall promote the use of “green” and sustainable construction in new housing units, commercial developments, and mixed‐use centers.
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Council Agenda Report June 21, 2022 Page 4 of 4
General Plan Policy LU‐11.3: Equitable Distribution of New Public Facilities and Services. The City shall plan for the equitable distribution and use of new and upgraded public facilities and services that increase and enhance the entire community’s quality of life.

General Plan Policy LU‐11.4: Quality of Life for all Age Groups. The City shall develop a strategy to provide amenities and facilities that support a high quality of life for all age groups.

General Plan Policy ED‐1.10: Expanding Events and Entertainment Opportunities. The City shall encourage the sponsors of sporting events, festivals, parades, international competitions, and entertainment shows to hold events at public (e.g., Parks and Recreation facilities, roads, or public lands) and private facilities in South Lake Tahoe, particularly during off‐season (Spring and Fall). The City shall also participate in community organizations specifically formed for this purpose (e.g., Sports Commission).

General Plan Policy PQP‐8.4: Coordination with Utility Providers. The City shall coordinate with gas and electricity service providers to site and design gas and electric systems to minimize environmental, aesthetic, and safety impacts to existing and future residents.

General Plan Policy PQP‐10.1: Social Activity Centers. The City shall design new community centers and other types of public facilities as social activity centers.

General Plan Policy PQP‐10.2: Energy Efficiency in City Buildings and Facilities. The City shall incorporate energy efficiency standards into all City‐owned and operated buildings and facilities.

General Plan Policy PQP‐10.4: Joint‐Use Facilities. The City shall coordinate with other agencies to establish and maintain joint‐use facilities in South Lake Tahoe.

General Plan Policy ROS‐1.1: Recreational Services. The City shall design and develop recreational services to promote full use of recreational facilities within their design capacity.

General Plan Policy ROS‐1.5: Community Pool The City shall develop high‐quality community pool facilities that can be used year‐ round, which includes such amenities as a permanent/retractable roof, splash pool, therapy pool, pool sprays, pool climbing wall, adventure apparatus and slides.

General Plan Policy NCR‐6.7: LEED Certified Public Buildings. The City shall develop all new City buildings to meet LEED standards.

Bijou/Al Tahoe Community Plan Chapter V(1) Objective 1: Increase the family oriented active and passive recreational opportunities to serve local residents as well as visitors.

Policy C: Provide a greater variety of sporting facilities in the "Government Center" District (CSLT Recreation Complex, Campground by the Lake, Lake Tahoe Community College, etc.), while maintaining those that are existing. Review the possibility of expanding the CSLT Parks and Recreation facilities located on Rufus Allen Boulevard. Additional outdoor uses (volleyball courts, horseshoe pits, picnic tables/eating areas, ice skate rink, etc.) would be an asset, when provided in conjunction with the existing uses at the complex.
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Item
No. Bid Item Unit Quant. Unit Price Item Total Unit Price Total Cost 1 Bonds LS 1 50,168.00 $                $               50,168.00 $               37,754.38 $               37,754.38 2 Insurance LS 1 37,548.00 $                $               37,548.00 $               31,461.98 $               31,461.98 3 General Conditions LS 1 222,857.00 $              $             222,857.00 $             210,795.77 $             210,795.77 4 Mobilization LS 1 122,317.00 $              $             122,317.00 $             260,314.50 $             260,314.50 5 Survey LS 1 45,000.00 $                $               45,000.00 $               23,725.00 $               23,725.00 6 SWPPP Submittals LS 1 1,000.00 $                   $                  1,000.00 $                  1,100.00 $                  1,100.00 7 Water Submittals LS 1 1,500.00 $                   $                  1,500.00 $                  1,900.00 $                  1,900.00 8 Sewer Submittals LS 1 1,500.00 $                   $                  1,500.00 $                  1,400.00 $                  1,400.00 9 Electrical Submittals LS 1 1,500.00 $                   $                  1,500.00 $                  1,600.00 $                  1,600.00 10 SWPPP LS 1 98,350.00 $                $               98,350.00 $             104,394.00 $             104,394.00 11 Clear Trees LS 1 200,000.00 $              $             200,000.00 $             201,395.00 $             201,395.00 12 Demo Surface Features LS 1 274,167.00 $              $             274,167.00 $             196,787.00 $             196,787.00 13 Demo Water LS 1 50,740.00 $                $               50,740.00 $               55,538.00 $               55,538.00 14 Demo Sewer LS 1 30,070.00 $                $               30,070.00 $               20,856.00 $               20,856.00 15 Demo Electrical/Dry Utilities LS 1 157,380.00 $              $             157,380.00 $             102,678.00 $             102,678.00 16 Relocate Restroom Building LS 1 205,000.00 $              $             205,000.00 $             115,070.00 $             115,070.00 17 AC Paving LS 1 35,000.00 $                $               35,000.00 $               69,248.00 $               69,248.00 18 Install Water Utilities LS 1 445,290.00 $              $             445,290.00 $             379,791.00 $             379,791.00 19 Install Sewer Utilities LS 1 196,310.00 $              $             196,310.00 $             249,096.00 $             249,096.00 20 Install Gas Utilities LS 1 40,000.00 $                $               40,000.00 $               80,588.00 $               80,588.00 21 Install Electrical Utilities LS 1 315,152.00 $              $             315,152.00 $             380,000.00 $             380,000.00 22 Grading LS 1 255,477.00 $              $             255,477.00 $               41,466.00 $               41,466.00 23 Overhead & Profit LS 1 101,296.00 $              $             101,296.00 $             188,771.90 $             188,771.90 24 Fencing LS 1 10,200.00 $                $               10,200.00 25 Storm Drainage LS 1 135,888.00 $              $             135,888.00 Base Bid: 3,033,710.00 $          Base Bid: 2,755,730.53 $ Recreation and Aquatics Center Project ‐ Phase 1  ‐ Bid Opening: May 27, 2022, 2:00 PM Engineer's Estimate  McCuen Construction Inc.
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Resolution 2022-XXX June 21, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
June 21, 2022
Appropriation of Funds for the Construction of the Multi-Generational Recreation and Aquatics Center Phase 1 and associated Construction Administration and Construction Engineering Tasks

BACKGROUND
A. The City of South Lake Tahoe has designated the Multi-Generational Recreation and Aquatics Center a viable and highly desired community project.

B. The Department of Public Works has solicited bids for construction of Phase 1of the project.

C. Upon evaluation of proposals, the Department of Public Works recommends award of a Public Works Agreement in the amount of $2,755,730.53 to McCuen Construction Inc of Loomis, CA .

D. The Department of Public Works recommends a project contingency of 10% of construction agreement in the amount of $275,573.

E. The Department of Public Works recommends an amendment to the existing Professional Services Agreement with Jordan Knighton Architects of Tahoe City, CA in the amount of $855,428 for Construction Administration Services of Phase 1&2 of the project.

F. The Department of Public Works recommends an amendment to the existing Professional Services Agreement with SierraCon/Core of South Lake Tahoe, CA in the amount of $330,072 for Construction Engineering Services for Phase 1 of the project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Authorizes the transfer $3,788,851.53 of Measure P funds into the project fund (30160018) to award the construction agreement, provide construction contingency, and amend professional services agreements for support services as detailed above. Fund transfer detail in the table below.
36309 Measure P (-) $3,788,851.53
30160018-48030 Construction (+) $2,327,778.53
30160018-48032 Construction Contingency (+) $275,573
30160018-42020 Professional Services (+) $1,185,500.00
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Resolution 2022-XXX June 21, 2022 Page 2 of 2

2. Authorizes utilization of $427,952.00 in State of California Prop 12 Per Capita Grant and Recreational Infrastructure Revenue Enhancement Grant towards the Construction Contract for the specific task of all work related to the relocation of the City’s existing restroom within the project area.

Adopted by the City of South Lake Tahoe City Council on June 21, 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 a true and correct copy as approved by the South Lake Tahoe City Council.
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CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

AGREEMENT
DOCUMENT 00 52 00 - AGREEMENT
City of South Lake Tahoe

DEPARTMENT OF PUBLIC WORKS

AGREEMENT
for

CITY OF SOUTH LAKE TAHOE RECREATION AND AQUATICS CENTER PHASE 1
PWC 19-30150036
PWC 15-30160018 – Phase 1
CITY BID NO. 15-30160018-Phase 1 – BN-1
THIS AGREEMENT is made and entered into this 21st day of June, 2022, by and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and McCuen Construction Inc., herein designated as “Contractor.” WITNESSETH, that the City and the Contractor, in consideration of the mutual covenants hereafter set forth, agree as follows:

ARTICLE 1 - THE WORK
Contractor agrees to furnish all labor, tools, equipment, facilities, materials, transportation, and services necessary to perform and complete, in a good and workmanlike manner, the CITY OF SOUTH LAKE TAHOE RECREATION AND AQUATICS CENTER – PHASE 1 as required pursuant to the Contract Documents.

ARTICLE 2 - COMMENCEMENT AND COMPLETION
The Work to be performed under this Agreement shall commence at the time as specified in the Notice to Proceed, and the Contractor shall diligently undertake the performance of the obligations as set forth in the Contract Documents to achieve Final Completion of the Work within 123 calendar days after the date of commencement of the Work is authorized as set forth in the Notice to Proceed (the “Contract Time”). No grading or excavation or other land disturbance will be allowed between October 15th and May 1st; all Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the contract 1121
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time as set forth in these Contract Documents.

ARTICLE 3 - CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept, in current funds for the performance of the Work pursuant to the Contract Documents, the Contract Sum for the completion of the Work in accordance with the Contract Documents per the following Schedule of Values:

TOTAL CONTRACT SUM $2,755,730.53
For the Total Contract Sum of Two Million Seven Hundred Fifty-five Seven Hundred Thirty Thousand Dollars and Fifty-three Cents.

The above Total Contract Sum includes all allowances, if any, provided for in the Contract Documents.

Compensation for Unit Price Items shall be based upon the unit prices stated in the above schedule multiplied by the actual quantities or units of work and materials performed or Item
No. Bid Item Unit Quant. Unit Price Total Cost
1 Bonds LS 1 37,754.38 $                   $                  37,754.38 2 Insurance LS 1 31,461.98 $                   $                  31,461.98 3 General Conditions LS 1 210,795.77 $                $               210,795.77 4 Mobilization LS 1 260, $                314.50 $               260,314.50 5 Survey LS 1 23,725.00 $                   $                  23,725.00 6 SWPPP Submittals LS 1 1,100.00 $                     $                    1,100.00 7 Water Submittals LS 1 1,900.00 $                     $                    1,900.00 8 Sewer Submittals LS 1 1,400.00 $                     $                    1,400.00 9 Electrical Submittals LS 1 1,600.00 $                     $                    1,600.00 10 SWPPP LS 1 104,394.00 $                $               104,394.00 11 Clear Trees LS 1 201,395.00 $                $               201,395.00 12 Demo Surface Features LS 1 196,787.00 $                $               196,787.00 13 Demo Water LS 1 55,538.00 $                   $                  55,538.00 14 Demo Sewer LS 1 20,856.00 $                   $                  20,856.00 15 Demo Electrical/Dry Utilities LS 1 102,678.00 $                $               102,678.00 16 Relocate Restroom Building LS 1 115,070.00 $                $               115,070.00 17 AC Paving LS 1 69,248.00 $                   $                  69,248.00 18 Install Water Utilities LS 1 379,791.00 $                $               379,791.00 19 Install Sewer Utilities LS 1 249, $                096.00 $               249,096.00 20 Install Gas Utilities LS 1 80, $                   588.00 $                  80,588.00 21 Install Electrical Utilities LS 1 380,000.00 $                $               380,000.00 22 Grading LS 1 41,466.00 $                   $                  41,466.00 23 Overhead & Profit LS 1 188,771.90 $                $               188,771.90 Base Bid: 2,755,730.53 $
McCuen Construction Inc.
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furnished. Unit prices paid by the City may change depending on actual quantities or units of work completed in accordance with the Contract Documents.

ARTICLE 4 - PREVAILING WAGES
Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.

In compliance with Senate Bill 854 and the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.

Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the City's office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774.

These rate determinations are found on the State of California Department of Industrial Relations’ website at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

ARTICLE 5 - CONTRACT DOCUMENTS
The Agreement includes and incorporates by reference the Contract Documents for the Project, which consists of the following documents:
(a) Advertisement for Bids (00 11 13)
(b) Instructions to Bidders (00 21 13)
(c) Supplementary Instructions to Bidders (00 22 12)
(d) Procurement Substitution Procedures (00 26 00)
(e) Bid Form (00 41 00)
(f) Sub-Contractor List (00 43 26)
(g) Proposed Schedule of Values Form (00 43 73)
(h) Non-Collusion Affidavit (00 45 19)
(i) Certificate of Worker's Compensation (00 45 27)
(j) Drug Free Workplace Certification (Document 00440)
(k) Agreement (00 52 00)
(l) Payment Bond Form (00 61 13)
(m) Performance Bond Form (00 61 13)
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(n) Verification of Certified Payroll Records Submittal (00 62 90) (o) Guaranty Form (00 65 36)
(p) General Conditions (00 72 00)
(q) Project Manual
(r) Technical Specifications
(s) Contract Drawings
(t) Addenda (numbers _0__ to_0_, inclusive; and
(u) Permits from other agencies as may be required by law.

Exhibits to this Agreement are enumerated as follows:
• Exhibit A: Contractor’s Bid Form attached hereto
• Exhibit B: Insurance Certificates and Endorsements.
• Exhibit C: City Business License
ARTICLE 6 - WORKERS’ COMPENSATION
Contractor shall take out and maintain during the life of the Agreement, adequate and sufficient workers’ compensation insurance for all Contractor’s employees employed at the site of improvements, and, if any Work is sublet, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in Work under this contract at the site of the Project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City and the County of El Dorado for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance.

By its signature upon this Agreement, Contractor certifies that it has carefully reviewed and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of the labor Code. Contractor, as a condition precedent to the commencement of its Work pursuant to the Agreement, shall comply with such provisions.

ARTICLE 7 - INDEMNITY AND INSURANCE
To the fullest extent permitted by law, including, without limitation, Civil Code section 2782, et seq., and in strict accordance with the Contract Documents, Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agent, the County of El Dorado, the Architect/Engineer, the Project Manager, the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, and as otherwise set forth in Contract Documents, including, without limitation, Document 00 72 00 (General 1124
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Condition). The obligations of defense and indemnity set forth in this Article, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant to the Contract Documents, and shall not extend to the sole negligence or willful misconduct of the City, or the active negligence of the City. The obligations arising from this Article shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity (including all duties to defend), which would otherwise exist as to a party, or person described elsewhere in the Contract Documents.

Contractor shall maintain the insurance coverage described in Document 00 72 00 (General Conditions), of the Project Manual, throughout the performance of the Agreement, including any maintenance, warranty and/or guaranty periods. This Agreement shall not be operative until evidence of such insurance has been provided to, and approved by, the City as to form, amount, and carrier. Contractor shall not allow any subcontractor to commence Work at the Project until subcontractor provides evidence to Contractor and City that subcontractor has obtained insurance acceptable to the City.

ARTICLE 8 - NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the address listed below:

Notices required to be given to City: Notices required to be given to Contractor:

Public Works Director/City Engineer McCuen Construction Inc. (Attn Trenton McCuen).

City of South Lake Tahoe 3269 Swetzer Rd.
1740 D Street Loomis, CA 95650
South Lake Tahoe, CA 96150-6251 [email protected]
Notices required to be given to any surety(ies):

TBD
ARTICLE 9 – MISCELLANEOUS

9.1 Terms. Terms used in this Agreement will have the meanings indicated in the Contract Documents.

9.2 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and 1125
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legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.5 South Lake Tahoe City Code. Contractor acknowledges that all pertinent provisions within the South Lake Tahoe City Code are incorporated by reference as though set forth in full herein, and, further, the failure of Contractor or any subcontractor, of any tier, to comply with any of its/their obligations under the Contract Documents, or the requirements of the South Lake Tahoe City Code, or any other applicable law, code, statute, or regulation, shall be deemed a material breach of the Agreement.

9.6 Third Party Beneficiary. Contractor expressly acknowledges the City's status as a third party beneficiary solely with respect to the performance to be rendered under each subcontract, of any tier, upon the Project, and, as a result, Contractor acknowledges that City possesses, inter alia, the rights enumerated within the South Lake Tahoe City Code as to the enforcement of obligations under subcontracts of any tier.

9.7 Regulatory Requirements. Contractor acknowledges that the Project is subject to requirements and regulations issued on behalf of various governmental and/or regulatory bodies, including, without limitation, the Lahontan Regional Water Quality Control Board and the Tahoe Regional Planning Agency, among others. Contractor agrees to fully and promptly comply with any and all requirements and regulations issued on behalf of such entities.

9.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of El Dorado, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of El Dorado, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

IN WITNESS HEREOF, the said City of South Lake Tahoe, State of California, has caused this Agreement to be executed by its Mayor in its behalf, and the said Contractor has signed this Agreement the day and year first above written.

CITY OF SOUTH LAKE TAHOE Contractor: West Coast Paving Inc.

By By
Devin Middlebrook
Mayor, City of South Lake Tahoe,
State of California Title

Business License No. 8425
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