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Minutes

South Lake Tahoe City Council
August 9, 2022

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Minutes
Meeting
August 9, 2022
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South Lake Tahoe City Council
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1 City of South Lake Tahoe
City Council and South Tahoe Joint Powers Financing
Authority
Meeting Minutes
Tuesday, August 09, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

Call to Order/Pledge of Allegiance
At 9:03 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

Roll Call
Present were Mayor Middlebrook, Councilmembers Creegan, Friedrich and Wallace.

Councilmember Bass was absent from the meeting until 2:45 p.m.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Closed Session Report June 7, 2022
Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1)
Case: Sophie Tetlow v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case No. ADJ10112646
Action: Lawsuit was settled for $35,000 by Compromise and Release to Ms.Tetlow.

Closed Session Report August 9, 2022
Conference with Legal Counsel – Existing Litigation – Government Code section 54956.9(d)(1)
Case: Christopher Wildman v. City of South Lake Tahoe, Workers’ Compensation Appeals Board Case Nos. ADJ14818866 and ADJ10106166
Action: No reportable action.

City Employee Recognition

1. Swearing In Ceremony - Fire Chief
Action: The City Clerk administered the Oath of Office to Fire Chief Jim Drennan. 2 08 09 2022 Minutes

2. City Employee Recognitions
Action: The following employees were introduced to City Council: Public Works - Hans Bonnicksen and John Dickinson, Fire Department - Tom Kerley, Police Department – Mathew Hazelet and Aaron Devine, Parks and Recreation - Justin Gomes, Daniel Youngblood and Adan Pulido.

Service Awards were presented to the following employees: Police Department - Jillian Gard for reaching 20 Years-Service, and Ashely Acker, Jenifer Canin and Timothy Peterson for reaching 5 Years-Service; Development Services - David Chapman for reaching 10 Years-Service; and City Clerk Department - Joanne McDonough for reaching 5 years-Service.

Public Communications
Public Comment was heard from the following people:

1. Bruce Fritz- neighbor dispute

2. Dan Brown, Lake Tahoe Veterans Alliance - Memorial, veterans and senior transportation services *material distributed

3. Sherry Eddy - unnecessary displays of LGBTQ

4. Name not provided - Fire Wise Community Montgomery Estates, fuel reduction, Fire Prevention Week

5. Seth Howard, Carpenters Union – local Union opportunities

6. Al Martinez, South Tahoe Fire Association - congratulations to Chief Drennan

7. Nancy Fagan – unnecessary displays of LGBTQ

8. Scott Robbins – workforce housing crisis

9. Ed Mosur – street striping, TID Business loan forgiveness

10. Colleen Bye– LGBTQ support
Written Comments were received from the following person:

11. Allen Miller – Toxic waste from cell towers

12. Linda Witters – Fire hazard conditions on Johnson Blvd.

City Commission Reports
None.

Presentations

3. Climate Action Plan Update and Civic Spark Fellow Close of Service Action: Received and filed.

The following people addressed City Council

1. Jenny Hatch, Sierra Nevada Alliance

2. Zoe Kusnick, Civic Spark Fellow
Public Comment was heard from the following people:

3. Sherry Eddy

4. Patricia Sussman, 100% Renewable Committee

5. Nick Speal

6. Ed Mosur

7. Jackson Realo

8. Scott Robbins

9. LW

10. Colleen Bye

11. Nick Exline

12. Molly Armanino *written comment also received
Written Public Comment was received from the following people:

13. Bob Niedermeir

14. Meredith Anderson
3 08 09 2022 Minutes
Consent Agenda
Action: Moved/Seconded: Wallace/Creegan
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: Passed Consent Agenda with noted recusals.

4. City Council Meeting Minutes
Action: Passed Motion 2022-077 approving the June 7, 2022 Regular City Council meeting minutes and June 21, 2022 City Council and South Tahoe Redevelopment Successor Agency meeting minutes.

5. Revised Fiscal Year 2020-2021 and Fiscal Year 2021-2022 Appropriation Limits Action: 1) Passed Resolution 2022-091 establishing the revised Appropriation Limit for Fiscal Year 2020-2021 in the amount of $83,178,448; and 2) Passed Resolution 2022-092 establishing the revised Appropriation Limit for Fiscal Year 2021-2022 in the amount of $88,788,841, in compliance with Proposition 111.

6. Financial Policy Amendments to Procurement, Travel and Training, and Capital Investments Policies
Action: Passed Resolution 2022-093 Approving Amendments to Financial Policies Regarding Procurement, Travel and Training, and Preserving Capital Investments.

Public Comment was heard from the following person:

1. Ed Mosur

7. Purchase of a Loader and Cut-Off Gates for City Snow Operations Action: Passed Resolution 2022-094 appropriating $454,295 from the Measure S Sales Tax fund and authorizing the purchase of one John Deere Loader (2021) from Pape Machinery, Inc. for $357,794.50 and eight (8) Bolt Type Henke Hi-Gate for Graders from Holt of California for $96,500.40 through Sourcewell Cooperative Purchasing Agreement for City Snow Operations Public Comment was heard from the following person:

1. Nick Speal

8. Sole Source Purchase of a Vehicle from Champion Chevrolet Action: Passed Motion 2022-078 approving a sole source purchase and authorizing and directing the City Manager to sign a Purchase Order with Champion Chevrolet for $51,027.43 to purchase a 2023 Chevrolet Silverado for the Public Works Department.

9. Cost-Sharing Agreement with Tahoe Meadows for the Installation of LED Flashing Stop Signs
Action: (1) Passed Resolution 2022-095 authorizing acceptance of $5000 from Tahoe Meadows for LED flashing stop signs; and (2) Pass a Motion authorizing and directing the Mayor to execute cost-sharing agreement C-132-2022 with Tahoe Meadows for installation of LED flashing stop signs.

Public Comment was heard from the following people:

1. Ed Mosur

2. Nick Speal

3. Ron Yank, Tahoe Meadows

10. Lease Agreement with Tahoe Art League for Art Building Note: Councilmember Creegan recused herself from this item due to financial interest in the area.

Action: Passed Motion 2022-080 authorizing and directing the Mayor to execute Lease Agreement C-133-2022 with Tahoe Art League for a 10-year term for use of the Art Building located at 3062 Lake Tahoe Boulevard.
4 08 09 2022 Minutes

11. Cannabis Community Benefit Grant Program Awards and Payment Authorization Action: Passed Motion 2022-081 authorizing and directing the City Manager to execute grant agreements in the amount of $50,000 with Tahoe Youth and Family Services C-136-2022 and Tahoe Coalition for the Homeless C-137-2022, and issue payments to awardees for 2022 Community Benefit Grant Program.

12. Grant Application to California Public Utilities Commission for Broadband Technical Assistance Program
Action: Passed Resolution 2022-096 authorizing submittal of a grant application to the California Public Utilities Commission for pre-construction expenses related to broadband deployment for an amount of $500,000.

13. Ordinance - Ballot Measure to Convert Existing Community Benefit Fee to Comparable Cannabis Business and Professions Tax (Second Reading)
Action: Passed Ordinance 2022-1164 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.

Public Comment was heard from the following people:

1. Ed Mosur

2. Nick Speal

3. Scott Robbins
Note: Item 14 was moved to the end of the agenda.

Regular-Unfinished Business

15. Memorandum of Understanding with Lake Tahoe Unified School District (LTUSD) for Park Ranger Program
Action: Moved/Seconded: Friedrich/Creegan
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: 1) Passed Motion 2022-082 authorizing the Mayor to Execute a Memorandum of Understanding with Lake Tahoe Unified School District (LTUSD) C-138-2022 to support partial funding for the Park Ranger Program. 2) Passed Resolution 2022-098 authorizing $67,000 reimbursement grant funding from LTUSD to fund a Park Ranger Coordinator Position.

16. Tahoe Valley Stormwater and Greenbelt Improvement Project Update and Request for Appropriation of Grant Matching Funds
Action: Moved/Seconded: Wallace/Friedrich
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: 1) Received status update on the Tahoe Valley Greenbelt Project; and 2) Passed Resolution 2022-099 appropriating $706,442 in undesignated General Funds Reserves for the match required to secure $6.9 million in implementation grant funds from the State Water Resources Control Board for the Tahoe Valley Greenbelt and Storm Water Improvement Project.

Public Comment was heard from the following people:

1. Nick Speal, Lake Tahoe Bicycle Coalition

2. Steve Teshara
Written Comment was received from the following people:

3. Lake Tahoe Bicycle Coalition

4. Keep Tahoe Blue
5 08 09 2022 Minutes

17. American Rescue Plan Act of 2021 (ARPA) Funding Appropriations Action: Moved/Seconded: Friedrich/Creegan
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: Passed Resolution 2022-100 authorizing transfer of remaining $2,654,997 in American Rescue Plan Act (ARPA) funding to the General Fund under the statutory category C, Revenue Loss, for the provision of government services.

Public Comment was heard from the following people:

1. David Gregorich, Parks and Recreation Commission

2. Nick Speal
Note: Item 18 was moved to the end of the agenda.

Regular-New Business

19. Citizen Appointments to Commissions and Boards – Building & Housing Board of Appeals Action: Moved/Seconded: Friedrich/Wallace
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: City Council 1) Passed Motion 2022-083 appointing Seth Howard to serve a 19-month term (expiring 2/2024) to the Building Board of Appeals.

The following person addressed City Council:

1. Seth Howard, Contractor

20. Road Rehabilitation Program Update
Action: Received and filed.

Public Comment was heard from the following people:

1. Ed Mosur

2. Sherry Eddy

3. Brandi Bannister

21. Purchase Order with SRM-Kodiak America, LLC for Snow Blower Repair Action: Moved/Seconded: Wallace/Creegan
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: Passed Resolution 2022-102 appropriating $93,915.51, plus a 10% contingency for $9,391.50, from General Fund Undesignated Excess Reserves and authorizing, approving the sole source request, and authorizing and directing the City Manager to execute a Purchase Order with SRM-Kodiak, LLC for the repair of the Snow Blower.

Public Comment was heard from the following people:

1. Ed Mosur

2. Sherry Eddy

22. Agreement with California Governor's Office of Emergency Services for Use of a Type VI Fire Engine
Action: Moved/Seconded: Creegan/Wallace
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: Passed Motion 2022-084 authorizing and directing the Fire Chief to execute a Temporary Transfer Agreement C-139-2022 with the California Governor's Office of Emergency Services (Cal OES) for a Type VI Engine.
6 08 09 2022 Minutes

23. ABC – Public Convenience or Necessity – Yosemite Axe Throwing Action: Moved/Seconded: Wallace/Creegan
Yes: Creegan, Middlebrook and Wallace
No: Friedrich

Absent: Bass
Action: Passed Resolution 2022-103 Approving Issuance of a Letter of Public Convenience or Necessity (PCN) to the California Department of Alcoholic Beverage Control (ABC) for the Issuance of a Type 40 License for the Premises at 3979 Lake Tahoe Boulevard Unit #1 (Yosemite Axe Throwing), APN 029-083-016.

The following person addressed City Council:

1. Nate Hodges, owner
Public Comment was heard from the following people:

2. Sherry Eddy

3. Brandi Bannister

24. Review Policy for Publicly Visible Art on Private Property Action: Moved/Seconded: Friedrich/Creegan
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: Passed Resolution 2022-104 adopting a review policy for publicly visible art on private property and amending the master fee schedule to establish no fee for public murals and a $250 fee for all other publicly visible art.

Public Comment was heard from the following people:

1. Sharon Eddy

2. Stacey Ballard, Arts, Culture and Tourism Commission

25. Program Update and Potential Expansion/Modification of "Lease to Locals" Rental Incentive Grant Program
Action: Moved/Seconded: Friedrich/Wallace
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: Passed Motion 2022-085 directing staff to prepare an amendment to the Professional Services Agreement with Landing Locals for subsequent City Council approval to allow for continued administration of the program through 2023 and allocate the $214,000 that was set aside for a property management incentive grant to continue funding the existing program.

The following person addressed City Council:

1. Colin Frolich, Landing Locals
Public Comment was heard from the following people:

2. Ed Mosur

3. Scott Robbins

4. Brandi Bannister

5. Nick Speal
Written Comment was received from the following person:

6. Bill Louie
7 08 09 2022 Minutes

26. An Ordinance Amending City Code Chapter 3.45 (Purchasing) to clarify language regarding Bidding Process and Update Public Contract Procurement Thresholds (First Reading) Action: Moved/Seconded: Wallace/Creegan
Yes: Creegan, Friedrich, Middlebrook and Wallace

Absent: Bass
Action: Passed Motion 2022-086 to Hold a First Reading (By Title Only) of an Ordinance amending Chapter 3.45 (Purchasing) of the South Lake Tahoe City Code to clarify language regarding bidding process and update Public Contract procurement thresholds, and refer to second reading for an adoption to the September 6, 2022, meeting.

Public Comment was heard from the following person:

1. Ed Mosur
Note: Councilmember Bass joined the meeting at 2:45 p.m.

Note: Councilmembers Creegan and Friedrich recused themselves from Items 14 and 18 due to property interest and left for the remainder of the meeting.

New Business - City Council and South Tahoe Joint Powers Financing Authority

18. Removal of Fire Station #1 and Police Station from 2016 Lease Revenue Bonds Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Middlebrook and Wallace
Recused (absent): Creegan and Friedrich
Action: 1) Acting as the City Council, Passed Resolution 2022-101 authorizing the execution and delivery of documents in connection with the removal of certain properties under the Lease and the Sublease Relating to the South Tahoe Joint Powers Financing Authority Refunding Lease Revenue Bonds, 2016 Series A, and taking related actions; and 2) Acting as the South Tahoe Joint Powers Financing Authority, Passed Resolution STJPFA Resolution 2022-002 authorizing the execution and delivery of documents in connection with the removal of certain properties under the Lease and the Sublease Relating to the Authority’s Refunding Lease Revenue Bonds, 2016 Series A, and taking related actions.

The following person addressed City Council:

1. Lolly Enriquez, RWG Law
Public Comment was heard from the following person:

2. Ed Mosur
Public Hearing - City Council and South Tahoe Joint Powers Financing Authority

14. Issuance of 2022 Lease Revenue Bonds Series A for the Multigenerational Recreation and Aquatic Center Construction Financing in an Amount Not to Exceed $52 Million Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Middlebrook and Wallace
Recused (absent): Creegan and Friedrich
Action: 1) Held a Public Hearing with the respect to the proposed issuance of bonds by the South Tahoe Joint Powers Financing Authority (Authority) to assist the City with financing the construction of the Recreation Center Complex; 2) Acting as the City Council, Passed Resolution 2022-097 approving the issuance of the Authority Lease Revenue Bonds, 2022 Series A, and authorizing the City’s execution and delivery of related documents and taking related actions; and, 3) Acting as the Authority, Passed STJPFA Resolution 2022-001 authorizing the sale, issuance and delivery of Lease Revenue Bonds, 2022 Series A, and authorizing the execution and delivery of an indenture and other documents and taking related actions.

The following people addressed City Council:

1. Jamie Trejo, PFM Financial Advisors

2. Lolly Enriquez, RWG Law
8 08 09 2022 Minutes
Public Comment was heard from the following people:

3. Scott Robbins

4. David Gregorich, Parks and Recreation Commission
Agenda Planning Calendar

27. Agenda Planning Calendar
Action: Received.

Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk:

1. Election-Nomination period open until August 12 unless extended City Manager:

1. Lake Tahoe Unified School District Quarterly Safety meetings.

2. Pride Crosswalk
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Wallace:

1. Veterans Memorial (Middlebrook second)

2. Jeanette Tillman, South Tahoe Refuse SB 1383 Update (Middlebrook second)

3. Welcome Jason Vasquez, Conservancy Executive Director

4. Ameca Delegation visit

5. Cal Tahoe JPA Building Remodel

6. National Night Out

7. Congratulations to Chief Drennan

8. July 4th Parade

9. Documentary on local athletes, Chris Kosuris and Ryan Wallace Mayor Middlebrook:

1. Multi-Cultural Festival – October 1st, Bijou Park

2. Upcoming JPA Recreation meeting

3. Ameca Delegation visit
Adjournment
At 3:24 p.m. Mayor Middlebrook adjourned the meeting.
________________________ _______________
Devin Middlebrook, Mayor Date
Attest:
_______________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
.

Sue Blankenship (Sep 6, 2022 16:23 PDT) Devin Middlebrook (Sep 6, 2022 16:41 PDT) Sep 6, 2022 08 09 2022 minutes
Final Audit Report 2022-09-06
Created: 2022-09-06
By: jo Mcdonough ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAig9zUBksOReE1A8KU_sTvpoEQjXKWwdd "08 09 2022 minutes" History
Document created by jo Mcdonough ([email protected]) 2022-09-06 - 10:37:25 PM GMT- IP address: 128.92.136.146 Document emailed to Sue Blankenship ([email protected]) for signature 2022-09-06 - 10:38:08 PM GMT
Email viewed by Sue Blankenship ([email protected]) 2022-09-06 - 11:23:13 PM GMT- IP address: 128.92.136.146 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022-09-06 - 11:23:32 PM GMT - Time Source: server- IP address: 128.92.136.146 Document emailed to [email protected] for signature 2022-09-06 - 11:23:34 PM GMT
Email viewed by [email protected]
2022-09-06 - 11:41:32 PM GMT- IP address: 66.189.255.213 Signer [email protected] entered name at signing as Devin Middlebrook 2022-09-06 - 11:41:48 PM GMT- IP address: 66.189.255.213 Document e-signed by Devin Middlebrook ([email protected]) Signature Date: 2022-09-06 - 11:41:50 PM GMT - Time Source: server- IP address: 66.189.255.213 Agreement completed.
2022-09-06 - 11:41:50 PM GMT

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