South Lake Tahoe City Council
October 4, 2022

1 City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, October 04, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, and via ZOOM at this link https://us06web.zoom.us/j/83604762536 A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk’s Office, (530) 542-6005 or [email protected] Providing Public Comment:

In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].

By Phone: If you are joining the meeting via ZOOM and would like to make a comment, press the “raise a hand” button.

If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is ID: 836 0476 2536 press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected].

When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to [email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business 1 2
hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting. Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
City Employee Recognition

1. City Employee Recognitions
Requested Action / Suggested Motions: One employee will be recognized for reaching 15 Years-Service.

Responsible Staff Member: Various
Item 1 - Executive Summary.pdf
01-Staff Report 10 04 2022.pdf
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission and Student Advisory Reports
Presentations
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda. Comments shall be limited to three (3) minutes.

The consent agenda consists of items of a repeating or routine nature considered under a single action. Any Councilmember may have an item on the consent agenda removed and considered separately upon request.

Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.

2. City Council Meeting Minutes
Requested Action / Suggested Motions: Pass a Motion approving the August 23, 2022 City Council 2 3
and South Tahoe Redevelopment Successor Agency meeting minutes and the September 6, 2022 Regular City Council meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Item 2 - Executive Summary.pdf
08 23 2022 MInutes.pdf
09 06 2022 Minutes.pdf

3. Fiscal Year 2022-2023 Appropriation Limit
Requested Action / Suggested Motions: Pass a Resolution establishing the Appropriation Limit for Fiscal Year 2022-2023 in compliance with Proposition 111 in the amount of $95,186,823.

Responsible Staff Member: Andrew Black, Financial Services Supervisor Item 3 - Executive Summary.pdf
01-Staff Report - Appropriations Limit 2022-2023.docx
02-Resolution -2022-2023 Appropriations Limit.docx
03-Appropriations Limit 2022 2023 Worksheets

4. City Conflict of Interest Code Update
Requested Action / Suggested Motions: Pass a Resolution Updating the City Conflict of Interest Code.

Responsible Staff Member: Susan Blankenship, City Clerk Item 4 - Executive Summary.pdf
01-Staff Report - Conflict of Interest Code.docx
02-Appendix A (Redline).pdf
03-Resolution - Conflict of Interest Code.docx

5. Ordinance Amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles (Second Reading)
Requested Action / Suggested Motions: Pass an Ordinance Amending 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles.

Responsible Staff Members: Heather Stroud, City Attorney and Sara Letton, Sustainability Coordinator
Item 5 - Executive Summary.pdf
01 - Staff Report.docx
02 - Ordinance Amending Chapter 4.175.docx

6. CalRecycle Beverage Container Recycling Grant Program Application Requested Action / Suggested Motions: Pass a Resolution authorizing submittal of a grant application to CalRecycle for up to $275,000 to purchase and install water bottle refilling stations.

Responsible staff Member: Sara Letton, Sustainability Coordinator Item 6 - Executive Summary.pdf
01 - Staff Report CalRecycle BCR Grant 2022.docx
02_-_Resolution_CalRecycle_Grant_2022.docx

7. Acceptance of Tahoe Regional Planning Agency Mitigation Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating Tahoe Regional Planning Agency (TRPA) Water Quality Mitigation Funding ($540,152.48) and Air Quality Mitigation Funding ($200,000) and transferring $87,395.97 from the completed Upper Truckee River Restoration Project to the Tahoe Valley Stormwater and Greenbelt Improvement Project for 3 4
construction.

Responsible Staff Members: Stan Hill, Engineering Manager and Jason Burke, Complete Streets Manager
Item 7 - Executive Summary.pdf
01 - Staff Report - TRPA Mitigation Funds.docx
02-Project Location Map.pdf
03-Resolution-2022-099.pdf
04 - Resolution TRPA Funding.doc

8. Donation from the El Dorado Community Foundation designated to support the Park Ranger Program
Requested Action / Suggested Motions: Pass a Resolution authorizing acceptance of a $20,000 cash donation from the El Dorado Community Foundation designated to support the Park Ranger Program.

Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation and Joe Irvin, City Manager
Item 8 - Executive Summary.pdf
01-Staff Report - El Dorado Community Foundation Donation.docx 02-Resolution - El Dorado Community Foundation Donation to the Park Ranger Program.docx 03-Donation Approval Form_EDCF Donation.pdf
04-Donation Acknowledgement_El Dorado Community Foundation.docx.pdf

9. Amendment No. 6 to Agreement with Cardno for Tahoe Valley Stormwater and Greenway Improvement Project
Requested Action / Suggested Motions: Pass a Motion approving Amendment No. 6 to Professional Services Agreement with Cardno for engineering and design service on the Tahoe Valley Stormwater and Greenway Improvement Project to increase compensation by $21,770 to include the work necessary to add the Urgent Care parcel to the Tahoe Valley, Phase 2 bid documents.

Responsible Staff Members: Stan Hill, Engineering Manager and Jason Burke, Complete Streets Manager
Item 9 - Executive Summary.pdf
01-Staff Report - Cardno Amendment No. 6.docx
02-Project Location Map.pdf
03-Cardno Amendment No. 6 to PSA.docx
04-Exhibit D Scope of Work.docx

10. Master Fee Schedule Amendment – General Plan, Community Plan, Area Plan, Plan Area Statement Amendments
Requested Action / Suggested Motions: Pass a Resolution amending the Master Fee Schedule for General Plan, Community Plan, Area Plan, Plan Area Statement Amendments.

Responsible Staff Member: Hilary Roverud, Director of Development Services Item 10 - Executive Summary.pdf
01-Staff Report
02-Resolution

11. Reimbursable Agreement with the Federal Aviation Administration for Flight Inspection on Runway 18 Requested Action / Suggested Motions: Pass a Resolution Ratifying a Reimbursable Agreement with the Federal Aviation Administration (FAA) and approving budget appropriation of $20,196.00 for Flight Inspection of the Precision Approach Path Indicators (PAPI) on Runway 18. 4 5
Responsible Staff Member: John Dickinson, Airport Manager Item 11 - Executive Summary.pdf
01-Staff Report - FAA Reimbursable Agreement for Flight Inspection.docx 02-Resolution FAA Reimbursable Agreement for Flight Inspection of Runway 18.docx 03-FAA Agreement

12. Infill Infrastructure Grant (IIG) Program Application Letter of Support for the Sugar Pine Village Affordable Housing Project
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to sign a letter of support for Sugar Pine Village Phase 2A, Phase 1B, and Phase 2B with Related Companies of California LLC under the Super Notice of Funding Availability for the IIG Program for an award amount of $8,961,500.

Responsible Staff Members: Jessica Wackenhut Lomeli, Associate Housing Planner and Zach Thomas, Housing Manager
Item 12 - Executive Summary.pdf
01-Staff Report SuperNOFA IIG.docx
02-IIG Notice of Funding Availability.pdf
03-IIG Letter of Support.pdf

13. Application to Caltrans for Sustainable Transportation Planning Grant of $450,000 for Stateline Area Complete Streets Project
Requested Action / Suggested Motions: Pass a Resolution authorizing the Director of Public Works (or designee) to submit a grant application to the California Department of Transportation (Caltrans) for a planning grant in the amount of $450,000 for stakeholder outreach and planning for a complete streets project in the Stateline area.

Responsible Staff Members: Jason Burke, Complete Streets Program Manager and Sara Letton, Sustainability Coordinator
Item 13 - Executive Summary.pdf
01-Staff Report-Stateline Area Complete Streets
02-Stateline Area Complete Streets Project Map.pdf
03-Resolution - Stateline Complete Streets Grant Application.docx 04-Stateline Area Complete Streets Project.pptx

14. Ordinance Amending Chapter 3.50 (Transient Lodging) of the South Lake Tahoe City Code Section

3.50.140 (Security for Collection of Tax) and Section 3.50.260 (Register to be Kept Two Years) to Clarify Language Regarding Security Instruments and Register Retention Period (Second Reading) Requested Action / Suggested Motions: Pass an Ordinance amending Section 3.50.140 (Security for collection of tax) and Section 3.50.260 (Register to be kept two years) of the City Code Chapter

3.50 (Transient Lodging) to clarify language regarding security instruments and register retention period.

Responsible Staff Member: Ben Hannah, Accountant ll.

Item 14 - Executive Summary.pdf
01-Staff Report - City Code Amendments.docx
02-Ordinance - Transient Lodging.docx
03 - CSLT Red Line Transient Lodging 2022.pdf
Regular-Unfinished Business

15. Tahoe Basin Transportation Action and Funding Plan Support Requested Action / Suggested Motions: Pass a Resolution Committing to a regional transportation 5 6
funding partnership effort to jointly raise a minimum of $20 million per year for transportation and transit services in the Lake Tahoe region to support implementation of the Regional Transportation Plan.

Responsible Staff Members: Joe Irvin, City Manager and Anush Nejad, Director of Public Works Item 15 - Executive Summary.pdf
01 - Staff Report TRPA Transportation Funding Support.docx 02 - CA and NV Letter of Support.pdf
03 - Placer County Staff Report and Resolution.pdf
04 - El Dorado County Letter of Support.pdf
05-Resolution - Tahoe Basin Transportation Action Plan.docx

16. Broadband Feasibility Study Update and Financial Options Requested Action / Suggested Motions: City Council is asked to provide direction to the City Manager on the Broadband Feasibility Study and options to improve service in the South Lake Tahoe.

Responsible Staff Member: Anush Nejad, Director of Public Works Item 16 - Executive Summary.pdf
01- Staff Report Broadband Services Update.docx
02-CSLT_Broadband_Study_Operating_Models_and_Financial_Implications.pptx

17. Final Report on the Comprehensive Transit Analysis of Current Mobility Services in the South Shore by Via Mobility, LLC
Requested Action / Suggested Motions: Receive Final Report and provide direction to staff on next steps.

Responsible Staff Member: Lindsey Baker, Assistant to the City Manager Item 17 - Executive Summary.pdf
Staff Report Via Final Report to City Council.docx
02-Via Mobility Final Report.pdf
Regular-New Business

18. Revised Airport Rates and Charges
Requested Action / Suggested Motions: Pass a Resolution approving a one-year, three-year, or five-year plan for Airport fees beginning January 1, 2023.

Responsible Staff Member: John Dickinson, Airport Manager Item 18 - Executive Summary.pdf
01-Staff Report Airport Rate and Charges Study
02-Resolution-Airport Rates and Fees
03-Presentation
04-General Fund Contributions to Airport FY 2016 to 2022.pdf 05-TVL Rates and Charges Technical Report
06- Lake Tahoe Airport Economic Impact Study

19. Ordinance Adopting 2022 California Building Standards Code (First Reading) Requested Action / Suggested Motions: Pass a Motion to hold first reading (by title only) of an Ordinance amending South Lake Tahoe City Code, Title 6, Chapter 6.15 Building Regulations, Articles I-IV, by adopting the 2022 California Building Standards Code (California Code of Regulations Title 24), including California Green Building Code, Building Code, Fire Code, and related Construction Codes, and refer second reading and adoption to the November 15, 2022 6 7
meeting.

Responsible Staff Member: Hilary Roverud, Director of Development Services Item 19 - Executive Summary.pdf
01-Staff Report - Building Ordinance.docx
02-Ordinance - Building Regulations.docx
03 -Exhibit A to Ordinance, Chapter 6.15 Building Regulations - Edited.docx 04 -Ch 6.15 Redline.pdf

20. Ordinance Increasing City Council Compensation (First Reading) Requested Action / Suggested Motions: Either Pass a Motion to: 1) Hold a first reading (by title only) of an Ordinance Increasing the City Council Compensation to $1,264.86 per month, effective January 23, 2023, and refer second reading and adoption to the November 1, 2022 meeting; 2) Make no changes to the current compensation; or 3) Direct staff to bring back a revised Ordinance increasing compensation by a lower amount.

Responsible Staff Member: Susan Blankenship, City Clerk Item 20 - Executive Summary.pdf
01-Staff Report City Council Compensation.docx
02-Ordinance-City Council Compensation.docx
03-ORD 2020-1149 Ordinance Increasing City Council Compensation.pdf

21. Resolution Increasing City Treasurer Compensation
Requested Action / Suggested Motions: City Council may either: 1) Pass a Resolution increasing City Treasurer compensation to $1,264.86 per month, effective January 23, 2023; 2) Pass a Resolution increasing City Treasurer compensation by a lower amount; or 3) Make no changes to the current compensation.

Responsible staff Member: Susan Blankenship, City Clerk Item 21 - Executive Summary.pdf
01-Staff Report City Treasurer Compensation.docx
02-Resolution - City Treasurer Compensation.docx
03-Res 2020-091 Compensation Increase City Treasurer.pdf Agenda Planning Calendar

22. Agenda Planning Calendar
Requested Action / Suggested Motions: A Councilmember may request that an item be placed on a future agenda. Upon the support of one (1) additional Council Member, direction shall be given to the City Manager to calendar the item for a convenient future agenda, but no sooner than the second meeting after the request was made, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member: Joseph Irvin, City Manager
Item 22 - Executive Summary.pdf
APC - 09 28 2022.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday October 4, 2022 meeting of the City of South Lake Tahoe City Council was posted and available for review on Thursday, 7 8
September 29, 2022 at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City website at https://www.cityofslt.us.

Signed September 29, 2022
\\sb\\
Susan Blankenship, Elected City Clerk
8 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 1
Agenda Item: City Employee Recognitions
Executive Summary: New City employees and long-serving City employees who reach the 5, 10, 15, 20, & 25 year service milestone will be recognized at each monthly meeting.

Requested Action / Suggested Motions: One employee will be recognized for reaching 15 Years-Service.

Responsible Staff Member: Various
Responsible Staff Member: Various Departments
Reviewed and Approved By:

Susan Blankenship, City Clerk
Attachments:
01-Staff Report 10 04 2022.pdf
9 1
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: City Employee Recognition
Location: Citywide
Responsible Staff Member: Various Department Directors
Background: As part of the City’s Employee Recognition Program, employees who have reached five, ten, fifteen, twenty and twenty-five years of service are recognized for their achievements and contributions to the City.

Service Awards:

Fire Department

Michael Mileski – 15 Years’ Service
Council Agenda Report October 4, 2022 Page 1 of 1
10 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 2
Agenda Item: City Council Meeting Minutes
Executive Summary: City Council is asked to formally approve the August 23, 2022 City Council and South Tahoe Redevelopment Successor Agency meeting minutes and the September 6, 2022 Regular City Council.

Requested Action / Suggested Motions: Pass a Motion approving the August 23, 2022 City Council and South Tahoe Redevelopment Successor Agency meeting minutes and the September 6, 2022 Regular City Council meeting minutes.

Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:

Attachments:
08 23 2022 MInutes.pdf
09 06 2022 Minutes.pdf
11 1
City of South Lake Tahoe
City Council and South Tahoe Redevelopment Successor
Agency
Meeting Minutes
Tuesday, August 23, 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 9:02 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

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

Councilmember Creegan was absent.

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

Public Communications
None.

City Commission Reports
None.

Consent Agenda
Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Friedrich, Middlebrook and Wallace

Absent: Creegan
Action: Passed Consent Agenda.

1. FY 2022-2027 Capital Improvement Plan Adoption
Action: Passed Resolution 2022-105 adopting the FY 2022 to 2027 Five-Year Capital Improvement Plan.

Public Comment was heard from the following person:

1. Ed Mosur
12 2
08 23 2022 Minutes
Unfinished Business - City Council and South Tahoe Redevelopment Successor Agency

2. Letter of Intent to Sell Surplus Property Owned by South Tahoe Redevelopment Successor Agency at 3900 and 3908 Lake Tahoe Boulevard to Novin Development and SMR Development for $1 Million
Action: Moved/Seconded: Friedrich/Wallace
Yes: Bass, Friedrich, Middlebrook and Wallace

Absent: Creegan
Action: Acting as the South Tahoe Redevelopment Successor Agency, Passed STRSA Motion 2022-003 authorizing and directing the Board Chair to execute the Letter of Intent with Novin Development and SMR Development, and authorizing the Executive Director to enter into negotiations on a purchase and sale agreement for the property located at 3900 and 3908 Lake Tahoe Blvd.

Action: Moved/Seconded: Friedrich/Wallace
Yes: Bass, Friedrich, Middlebrook and Wallace

Absent: Creegan
Action: Acting as the City Council Passed Motion 2022-087 authorizing and directing the Housing Manager to participate in negotiations on the agreement regarding terms besides sale of the Successor Agency property.

Public Comment was heard from the following person:

1. Nick Speal

2. Ed Mosur

3. Scott Robbins
Budget Workshop

3. FY 2022-2023 Recommended Budget
Action: Moved/Seconded: Wallace/Friedrich
Yes: Bass, Friedrich, Middlebrook and Wallace

Absent: Creegan
Action: Received presentation and (1) Passed Resolution 2022-106 Approving FY 2022-2023 Municipal Operating and Capital Improvement Program Budget and Establishing Committed Reserve Balance of $500,000 for General Liability Program (2) Passed Resolution 2022-107 Approving FY 2022-2023 List of Allocated Permanent Positions, including new, eliminated, and reclassified positions, and corresponding salary table adjustments.

Public Comment was heard from the following person:

1. Ed Mosur

2. Nick Speal

3. Scott Robbins
Agenda Planning Calendar
Action: Received.

Updates and Announcements (City Attorney, City Clerk, City Manager) None.
13 3
08 23 2022 Minutes
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Friedrich:

1. Upcoming Multi-Cultural Festival – October 1
Councilmember Wallace:

1. Thank you to Fire and Police Departments
Mayor Middlebrook:

1. Attended Recreation JPA meeting

2. Upcoming Tahoe Prosperity Summit

3. Lake Tahoe Community College Art Gallery, Caldor Fire Exhibit Adjournment
At 12:57 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.
14 1
City of South Lake Tahoe
City Council
Meeting Minutes
Tuesday, September 06, 2022 at 9:00 AM
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe City Council
Devin Middlebrook, Mayor
Cristi Creegan, Mayor Pro Tem
Cody Bass, Councilmember
John Friedrich, Councilmember
Tamara Wallace, Councilmember
Mission of the City Council
The City Council exists to represent the public
interest, to oversee the City's operations and to
plan for the City's future.

NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us
Call to Order/Pledge of Allegiance
At 9:00 a.m. Mayor Middlebrook called the meeting to order. Middlebrook then led the pledge of allegiance to the flag.

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

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

Closed Session Report
None.

City Employee Recognition

1. City Employee Recognitions
Action: Ember Buckman, Human Resources and Doug Bailey, Police Department were recognized for reaching 15 Years-Service.

Proclamation

2. Proclamation - Recognizing September 17-23, 2022 as "Constitution Week" Action: Issued a Proclamation to Laura Trimberger and Dawn Hill, Lake Tahoe Chapter, National Society of the Daughters of the American Revolution, recognizing September 17-23, 2022 as "Constitution Week".

Public Communications
Public Comment was heard from the following people:

1. Bruce Fritz - neighbor dispute

2. Milo King, South Tahoe High School Student Representative- bike path, climate change

3. Darlene Fritz – neighbor dispute

4. Ed Mosur - reserve fund use
15 2
09 06 2022 CC Minutes

5. Kenny Curtzweiler – 911 memorial plaque

6. Durriya Syed – internet options, wildfire

City Commission Reports
The following commissioner addressed City Council:

1. David Gregorich, Parks and Recreation - Cemetery Improvement Committee, Champions Plaza Nomination
*written material distributed (Al Tahoe Cemetery Flyer) by Rosemary Manning.

Presentations

3. Lake Tahoe Transportation Action Plan
Action: City Council provided direction to staff to bring back a Resolution of support.

The following people address City Council:

1. Nick Haven, TRPA Long Range Planning and Transportation Department Manager *provided PowerPoint Presentation
Public Comment was heard from the following people:

2. Ed Mosur

3. Amelia Richmond
Consent Agenda
Note: Councilmember Friedrich pulled Item 14 from the Consent Agenda.

Action: Moved/Seconded: Wallace/Bass
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Consent Agenda with noted exceptions.

4. City Council Meeting Minutes
Action: Passed Motion 2022-099 approving the August 9, 2022 City Council and South Tahoe Joint Powers Financing Authority meeting minutes

5. Investment Portfolio Report - June 30, 2022
Action: Received and filed.

6. Fiscal Year 2022-2023 Investment Policy and Authority Action: Passed Resolution 2022-108 delegating investment authority to the City Treasurer and reconfirming and adopting the City Investment Policy for the year October 1, 2022 to September 30, 2023.

7. Fiscal Year 2021-22 Quarterly Financial Status Report - Quarter Ending June 2022 Action: Received and filed.

Public Comment was heard from the following person:

1. Ed Mosur

8. Ordinance - Amending City Code Chapter 3.45 (Purchasing) to Clarify Language Regarding Bidding Process and Update Public Contract Procurement Thresholds (Second Reading) Action: Passed Ordinance 2022-1165 amending Chapter 3.45 (Purchasing) of the South Lake Tahoe City Code to clarify language regarding the bidding process and update public contract procurement thresholds.
16 3
09 06 2022 CC Minutes

9. California Office of Traffic Safety Enforcement Grant Fiscal Year 2022-2023 Action: Passed Resolution 2022-109 authorizing the application, budget, and reimbursement of grant award by California Office of Traffic Safety (OTS) for a Selective Traffic Enforcement Program (STEP) in amount up to $65,000.00, and upon final approval from OTS, authorizing the Mayor to execute the grant agreement.

10. State Water Resources Control Board Grant Funding and Contract Award to Herback General Engineering for Tahoe Valley Stormwater and Greenbelt Improvement Project Action: (1) Passed Resolution 2022-110 accepting and appropriating State Water Resources Control Board (SWRCB) Proposition 1 implementation grant funding C-152-2022 to the Tahoe Valley Stormwater and Greenbelt Improvement Project ($6,922,904); and (2) Passed Motion 2022-088 authorizing and directing the Mayor to execute agreement C-151-2022 with Herback General Engineering in the amount of $6,688,511.36 and approve a 10% construction contingency in the amount of $668,852 for the Tahoe Valley Stormwater and Greenbelt Improvement Project, Phase 1.

11. Community Development Block Grant CV1 Subrecipient Agreement Amendment 2 for Catalyst Family Inc.

Action: Passed Motion 2022-089 authorizing and directing the City Manager to execute C-154-2022 the Subrecipient Agreement Amendment 2 with Catalyst Family Inc., extending the term for an additional year to May 1, 2023, and increasing the budget from $96,750 to $106,176 with a revised scope of work.

12. Agreement with Trella Tahoe, Inc. for Snow Removal Operations Action: Passed Motion 2022-090 authorizing and directing the City Manager to execute contract C-155-2022 with Trella Tahoe, Inc. for services related to snow removal operations at the Airport, Fire Department, Police Department, and Fire Rescue Facility, plus on-call service as needed for a term of November 1, 2022 to April 30, 2023 in an amount not to exceed $94,600.00.

13. Agreement with JYB Solutions, LLC for Custodial Services Action: Passed Resolution 2022-111 Amending Fiscal Year 2022-2023 Budget by appropriating $46,439.00 from General Fund Undesignated Excess Reserves and authorizing and directing the Mayor to execute Agreement C-156-2022 with JYB Solutions, LLC for the City Hall/Airport Custodial Services for an amount not to exceed $46,439.00 for year one, for a term of one year with four one-year extensions.

14. Contract with Consolidated Engineering, Inc. for Hangar Taxilane Replacement Project Action: Moved/Seconded: Wallace/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Motion 2022- 091 authorizing and directing the Mayor to execute contract C-157-2022 with Consolidated Engineering Inc. to reconstruct the taxilanes near the hangars at the Airport in an amount not to exceed $413,997.50 plus 10% construction contingency of $41,339.75.

Public Comment was heard from the following people:

1. Scott Robbins

2. Ed Mosur

3. Nick Speal

15. Agreement with SNG & Associates, Inc. for Design and Engineering Services for the Barton Ave & 2nd Street Drainage Project
Action: Passed Motion 2022-092 authorizing and directing the Mayor to execute Professional Services Agreement C-158-2022 with SNG & Associates, Inc. for Design & Engineering Services for the Barton Ave & 2nd Street Drainage Project for an amount not to exceed $214,780. 17 4
09 06 2022 CC Minutes

16. Acceptance and Appropriation of National Opioid Litigation Settlement Funds in the Amount of $44,480.70 for Year One
Action: Passed Resolution 2022-112 accepting and appropriating funds from the National Opioid Litigation Settlement.

17. Appropriation to fund two Liability Claims from MetLife Home and Auto and Robert Giacomini
Action: Passed Resolution 2022-113 appropriating $7,674.21 from General Fund Undesignated Excess Reserves to pay two liability claims.

Regular-Unfinished Business

18. Broadband Feasibility Study Presentation
Action: City Council provided direction to NEO Connect regarding equity and inclusion for affordable pricing, connecting public infrastructure, services beyond City limits, collaboration with El Dorado County, use of grants, and support for a municipal option.

The following person addressed City Council:

1. Diane Kruse, NEO Connect *provided a PowerPoint presentation Public Comment was heard from the following people:

2. Scott Robbins

3. Ed Mosur

4. Nick Speal
Regular-New Business

19. Pilot Traffic Calming Projects for Lakeview (Al Tahoe) and Highland Woods Neighborhoods Action: Moved/Seconded: Bass/Wallace
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-114 appropriating $150,000 from the General Fund Undesignated Excess Reserves and authorizing and directing the City Manager to execute the necessary Purchase Orders for procurement of supplies and materials related to the traffic calming projects in the Lakeview and Highland Woods Neighborhoods.

Public Comment was heard from the following people:

1. Mark Wojiechowski, Highland Woods resident

2. Nick Speal, Bicycle Coalition

3. Dan Demer

4. Natasha Buffo
Written Comment was received from the following people:

5. John Kolesar

6. Steve Abrams

7. Kelly Cassidy

8. Greg Hass *2 comments received

20. Vision Zero Goal and Grant Application of Safe Streets and Roads for All Action: Moved/Seconded: Friedrich/Creegan
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-115 authorizing and directing the Director of Public Works to file a grant application with U.S. Department of Transportation for a grant in the amount of $250,000 to prepare a Vision Zero Action Plan.

Public Comment was heard from the following people:

1. Michelle Glickert, Tahoe Regional Planning Agency

2. Nick Speal, Bicycle Coalition

18 5
09 06 2022 CC Minutes
Note:

23. Note:

22. 21.

Items 22 and 21 were moved to the end of the agenda.

New Financial Policy - Donation, Sponsorship, and Naming Rights Policy Action: Moved/Seconded: Bass/Friedrich
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
Action: Passed Resolution 2022-118 adopting New Financial Policy - Donation, Sponsorship, and Naming Rights Policy.

Councilmember Bass recused himself from Items 22 and 21 due to real property ownership in the area and left the meeting.

Land Exchange with California Tahoe Conservancy
Action: Moved/Seconded: Wallace/Friedrich
Yes: Creegan, Friedrich, Middlebrook and Wallace
Recused (absent): Bass
Action: Pass Resolution 2022-117 declaring seven City-owned parcels totaling approximately 181 acres (APNs 025-061-037, 025-081-013, 025-091-012, 031-030-020, 031-030-039, 080-010-013, and 080-020-008) to be exempt surplus property and authorizing the City Manager to negotiate a land exchange agreement for 18 parcels totaling approximately 7.1 acres owned by the California Tahoe Conservancy (APNs 023-686-016, 026-065-016, 027-010-016, 027-010-024, 027-010-029, 027-053-014, 027-073-005, 027-074-006, 027-112-013, 027-112-014, 027-112-015, 027-112-016, 027-112-017, 027-112-024, 027-134-022, 031-173-002, 031-173-004, and 032-090-013).

Public Comment was heard from the following person:

1. Kevin Prior, California Tahoe Conservancy
Establishment of Johnson Blvd Utility Underground District Boundary Note: Councilmember Friedrich recused himself due to real property interest in the area and left the meeting.

Action: Moved/Seconded: Creegan/Wallace
Yes: Creegan, Middlebrook and Wallace
Recused (absent): Bass and Friedrich
Action: Passed Resolution 2022-116 identifying the proposed Johnson Blvd Underground Utility District boundary and setting a date for a Public Hearing on November 1, 2022 at 9:00 a.m. (or as soon thereafter) to determine if the public necessity, health or safety requires the removal of overhead electric or communication facilities within all or part the proposed district boundary.

Agenda Planning Calendar

24. Agenda Planning Calendar
Action: Addition of Non-Profit Policy (Creegan/Wallace) Updates and Announcements (City Attorney, City Clerk, City Manager) City Clerk:

1. 911 Memorial plaque location
City Manager:

1. South Shore Drive neighbor dispute

2. Landscaping along Highway 50 – thank you to Parks and Recreation

19 6
09 06 2022 CC Minutes
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Creegan:

1. Upcoming League of California Cities Conference

2. South Tahoe Refuse Meeting
Councilmember Wallace:

1. Attended TRPA Best in Basin Awards

2. Boys and Girls Club Donor Event

3. Jared Hass Brick at Champions Plaza
Mayor Middlebrook:

1. Upcoming Multicultural Festival at Bijou Park

2. Upcoming Annual JPA Abandoned Vehicle meeting
Adjournment
At 1:22 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.
20 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 3
Agenda Item: Fiscal Year 2022-2023 Appropriation Limit
Executive Summary: The attached resolution fulfills State requirements that limit the amount of annual appropriations by the City. Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann Initiative, established a restriction on the amount of tax revenue that can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year), and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year. The fiscal year 2022-2023 appropriations limit is $95,186,823. The City’s FY 2022-2023 appropriation subject to the limit from proceeds of taxes is $47,936,729. Therefore, the City’s appropriation is under the legal limit by $47,250,094.

Requested Action / Suggested Motions: Pass a Resolution establishing the Appropriation Limit for Fiscal Year 2022-2023 in compliance with Proposition 111 in the amount of $95,186,823.

Responsible Staff Member: Andrew Black, Financial Services Supervisor Responsible Staff Member: Andrew Black, Financial Services Supervisor (530) 542-6016 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Appropriations Limit 2022-2023.docx
02-Resolution -2022-2023 Appropriations Limit.docx
03-Appropriations Limit 2022 2023 Worksheets
21 Council Agenda Report October 4, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Fiscal Year 2022-2023 Appropriation Limit
Location: Citywide
Responsible Staff Member: Andrew Black, Financial Services Supervisor (530) 542-6016 Background: Proposition 4 passed in 1979 and Proposition 111 passed in 1990, known as the Gann Initiative, created a restriction on the amount of revenue which can be appropriated in any fiscal year. The limit is based on actual appropriations during the 1978-79 fiscal year (base year) and is allowed to increase each year based upon the calculation using a percentage change in population as of January 1 of each year in conjunction with a change in the cost of living from previous fiscal year.

Issue and Discussion: Population estimates by the State Department of Finance as of January 1, 2022 indicate -1.44 percent change in the City and -0.32 percent change Countywide (Worksheet 5B). The per capita personal income (cost of living factor) changed by a ratio of 1.0755 from fiscal year 2021-2022. Only revenues referred to as “proceeds of taxes” are restricted by the limit. Proceeds of taxes for fiscal year 2022-2023 are calculated at $49,258,562 (Worksheet 2).

Financial Implications: The fiscal year 2022-2023 appropriations limit is $95,186,823 (Worksheet 4). The City’s appropriation subject to the limit from proceeds of taxes is $47,936,729. Therefore, the City’s appropriation is under the legal limit by $47,250,094.

Environmental Considerations: This is not a “project” subject to review under the California Environmental Quality Act (CEQA) Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies)

Policy Implications: Consistent with City’s Financial Policies 22 Resolution 2022-XXX October 4, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Establishing the Appropriations Limit for the Fiscal Year 2022-2023 in Compliance with Proposition 111 in the Amount of $95,186,823

BACKGROUND
A. Article XIIIB of the California Constitution and Section 7910 of the Government Code of the State of California provide that the governing body of each jurisdiction shall by resolution establish its appropriation limit for the following fiscal year.

B. Proposition 111 approved in November 1990 now requires that the limit be calculated using new growth factors.

C. The City Council has reviewed the appropriate growth factors and does hereby choose the population growth within El Dorado County to better reflect the average daily population.

D. The City Council has reviewed the appropriate cost of living factors and does hereby choose the per capita personal income factor.

E. Documentation used in determination of the appropriations limit has been available to the public since September 19, 2022, in the Accounting Division, meeting the required fifteen (15) day period for public inspection as required by law.

F. The City Council of the City of South Lake Tahoe now desires to adopt said appropriations limit.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED by the City Council of the City of South Lake Tahoe that the appropriations limit for the Fiscal Year 2022-2023 in compliance with Proposition 111 is established as being $95,186,823.

Adopted by the City of South Lake Tahoe City Council on October 4, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
23 Resolution 2022-XXX October 4, 2022 Page 2 of 2
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.
24 DIVISION

USER FEES REVENUE REVENUE EXPENSE

BUDGET TOTAL BUDGET
10001730-34180 COPY CHARGES 50
10001840-34032 IS SERVICES 46,000
TOTAL ACCOUNTING 46,050 1,585,340
10003110-34180 COPY CHARGES 50
10003210-32116 TRANSPORTATION 1,500
10003210-32120 ENCROACHMENT 140,000
10003210-32118 OBSTRUCTION 800
10003210-34135 PARCEL MERGE 6,000
10003210-34150 ENGINEERING INPECTIONS 500
10003210-34155 PLAN CHECK 500
10002240-34230 FIRE PREVENTION SPECIAL INSPECT 20,000
TOTAL ENGINEERING 169,350 1,461,184
10003710-34xxx PLANNING PERMITS 66,400
TOTAL PLANNING 66,400 535,060
10002210-34520 SERVICE CHARGES 200
10002220-34223 FIRE SUPPRESSION FEES 10,000
10002220-34260 EMS 0 Moved to 236-02262
10002220-36283 OVERTIME REIMBURS. 250,000
TOTAL FIRE DEPARTMENT 260,200 8,242,534
10002110-32114 POLICE PERMITS 300
10002110-34210 SPECIAL SVC 62,775
10002110-34211 PD INCIDENTAL 21,000
10002110-34213 BOOKING FEES 4,000
10002150-33206 POST 50,000
TOTAL POLICE 138,075 13,223,803
10004105-34xxx RECREATION ADMINISTRATION 0
10004110-34xxx GOLF COURSE 0
10004130-34xxx CAMPGROUND 420,000
10004170-34xxx PARK MAINTENANCE 67,500
10004220-34xxx RECREATION PROGRAMS 175,000
10004225-34xxx SPECIAL EVENTS 0
10004230-34xxx SENIOR CNTR 4,900
TOTAL PARKS & REC 667,400 3,237,750
Revenues Expenditures
TOTAL GENERAL FUND USER FEES 1,347,475 28,285,671
WORKSHEET # 1
APPROPRIATIONS LIMIT 2022-2023
Shared Documents/Accountant/GANN Limit/2022/worksheets 2022-2023 25 APPROPRIATIONS LIMIT 2022-2023
GENERAL FUND REVENUE (less use of FB) 57,885,757
TOTAL GF REVENUES 57,885,757
TAXES
Revenue PROPERTY TAXES 9,650,000
Summary SALES TAX 17,600,000
page BUSINESS LICENSE 1,692,000
TOT Taxes 17,133,562
31601and 31702 OTHER TAXES 570,000
TOTAL TAXES 46,645,562

REVENUE FROM STATE
10001511-33201 Motor Vehicle in lieu 2,515,000 includes 33202 10001511-33207 Off Highway Vehicles 0
10001511-33204 HOPTR 78,000
10001511-33208 MANDATES SB Reimburs. 20,000
TOTAL REVENUE FROM STATE 2,613,000
PROCEEDS OF TAXES 49,258,562
NON TAX PROCEEDS 8,627,195
TOTAL PROCEEDS 57,885,757
LESS INTEREST INCOME 100,000
NET 57,785,757

TOTAL TAXES NON-TAX
TOTAL 57,885,757 49,258,562 8,627,195
EXCLUSIONS (WORKSHEET # 7) 1,321,833 1,321,833
INTEREST 100,000 100,000
NET 56,463,924 47,936,729 8,527,195
PERCENT 100% 85% 15%
ALLOCATION OF INTEREST 100,000 84,898 15,102
ADJUSTED TOTAL 56,563,924 48,021,627 8,542,297
WORKSHEET # 2
Shared Documents/Accountant/GANN Limit/2022/worksheets 2022-2023 26 CITY: South Lake Tahoe
FY: 2022-2023
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. NON-INTEREST
TAX PROCEEDS 49,258,562 (Worksheet # 2)
B. MINUS EXCLUSIONS 1,321,833 (Worksheet # 7)
C. NET INVESTED TAXES 47,936,729 (A - B)
D. TOTAL NON-INTEREST 56,463,924 (Worksheet # 2)
BUDGET
E. TAX PROCEEDS AS
PERCENT OF BUDGET 0.84898 (C / D)
F. INTEREST EARNINGS 100,000 Budget or Actual
G. AMOUNT OF INTEREST
EARNED FROM TAXES 84,898 (E * F)
H. AMOUNT OF INTEREST
EARNED FROM NON-TAXES 15,102 (F - G)
I. Take the result of steps G and H
Copy on to worksheet # 2
WORKSHEET # 3
APPROPRIATIONS LIMIT 2022-2023

INTEREST EARNINGS

PRODUCED BY TAXES
Shared Documents/Accountant/GANN Limit/2022/worksheets 2022-2023 27 CITY: South Lake Tahoe
FY: 2022-2023
BUDGET: ___X___ or ACTUAL: _____

AMOUNT SOURCE
A. PROCEEDS OF TAXES 49,258,562 (Worksheet # 2)
B. EXCLUSIONS 1,321,833 (Worksheet # 7)
C. APPROPRIATIONS SUBJECT
TO LIMITATION 47,936,729 (A - B)
D. CURRENT YEAR LIMIT 95,186,823 (Worksheet # 6)
E. OVER (UNDER) LIMIT (47,250,094) (C - D)

APPROPRIATIONS SUBJECT

TO LIMITATION
WORKSHEET # 4
Shared Documents/Accountant/GANN Limit/2022/worksheets 2022-2023 28 May 2022
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2022-23 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2022-23 7.55
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2022-23 appropriation limit.
2022-23:

Per Capita Cost of Living Change = 7.55 percent
Population Change = -0.30 percent
Per Capita Cost of Living converted to a ratio: 7.55 + 100 = 1.0755 100
Population converted to a ratio: -0.30 + 100 = 0.997
100
Calculation of factor for FY 2022-23: 1.0755 x 0.997 = 1.0723 WORKSHEET # 5A

INFLATION
FACTOR
29 Fiscal Year 2022-23
Total
County Population Percent Change --- Population Minus Exclusions --- City 2021-2022 1-1-21 1-1-22 1-1-2022
El Dorado
Placerville 0.09 10,636 10,646 10,646
South Lake Tahoe -1.44 21,508 21,199 21,199
Unincorporated -0.19 158,845 158,538 158,620
County Total -0.32 190,989 190,383 190,465
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

WORKSHEET # 5B
POPULATION FACTOR:

The City may adjust its appropriations limit by either the percentage change in the City’s own population growth, or the percentage change in the population growth for El Dorado County. The above factor represents the annual percentage change in population for El Dorado County. 100
POPULATION FACTOR -.32 + 100 = .9968
30 CITY: South Lake Tahoe
FY: 2022-2023
BUDGET: ___X___ or ACTUAL: _____________

AMOUNT SOURCE
A. LAST YEAR'S LIMIT (21-22) 88,788,841
B. ADJUSTMENT FACTORS

1. Population % 0.9968 (Worksheet # 5B)

2. Inflation % 1.0755 (State Finance
(Worksheet # 5A))
Total adjustment % 1.0721 (B1*B2)
C. ANNUAL ADJUSTMENT $ 6,397,982 A*((B-1)*1)
D. OTHER ADJUSTMENTS:

Prior Year Limit Correction ( + ) 0
Sub-Total 0
E. TOTAL ADJUSTMENTS 6,397,982 (C+D)
F. THIS YEAR'S LIMIT (22-23) 95,186,823 (A+E)
APPROPRIATIONS LIMIT 2022-2023
WORKSHEET # 6
Shared Documents/Accountant/GANN Limit/2022/worksheets 2022-2023 31 Budget

FEDERAL MANDATES
41119 ALL UNEMPLOYMENT INS 98,406
41128-41129 ALL MEDICARE 286,427
TOTAL FEDERAL 384,833

STATE MANDATES
10003410-44091 HAZARDOUS WASTE 9,000
20103510-44091 HAZARDOUS WASTE 2,000
20703610-44091 HAZARDOUS WASTE 2,000
TOTAL HAZ WASTE 13,000
10002220-41040 FLSA OT (91% OF FIRE OT) 364,000
20103510-33205 OVERLAY (Gas Tax Funds) 560,000
TOTAL STATE 924,000
GRAND TOTAL EXCLUSIONS 1,321,833
APPROPRIATIONS LIMIT 2022-2023
WORKSHEET # 7

EXCLUSIONS
Shared Documents/Accountant/GANN Limit/2022/worksheets 2022-2023 32 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 4
Agenda Item: City Conflict of Interest Code Update
Executive Summary: The Political Reform Act, Government Code Sections 87300 and 87306 and 2 Cal. Code of Regulations Section 18730, require public agencies to review and update their Conflict of Interest Codes by (at least) the end of each even-numbered year. It is necessary at this time to update the City’s Conflict of Interest Code, Appendix A, due to eliminated positions, established classifications, and reclassifications over the past two years.

Requested Action / Suggested Motions: Pass a Resolution Updating the City Conflict of Interest Code.

Responsible Staff Member: Susan Blankenship, City Clerk Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Reviewed and Approved By:

Heather Stroud, City Attorney
Attachments:
01-Staff Report - Conflict of Interest Code.docx
02-Appendix A (Redline).pdf
03-Resolution - Conflict of Interest Code.docx
33 Council Agenda Report- October 4, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Conflict of Interest Code Update
Location: Citywide
Responsible Staff Member: Susan Blankenship, City Clerk (530) 542-6005 Background: The Political Reform Act, Government Code Sections 87300 and 87306 and 2 Cal. Code of Regulations Section 18730, requires public agencies to review and update their Conflict of Interest Codes by (at least) the end of each even-numbered year.

It is necessary at this time to update the City’s Conflict of Interest Code, Appendix A, due to eliminated positions, established classifications and reclassifications over the past two years.

Designated employees are the persons holding positions listed in Appendix A who have been determined to make or participate in the making of decisions which may foreseeably have a material effect on economic interests. These designated employees are required to file Statements of Economic Interest (Form 700s) annually and upon assuming and leaving office with the California Fair Political Practices Commission (FPPC). Form 700 provides transparency and accountability by providing necessary information to the public about an official’s personal financial interests to ensure that officials are making decisions in the best interest of the public, and it serves as a reminder to the public official of potential conflicts of interest so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest.

The City Clerk and City Attorney have reviewed the City’s Conflict of Interest Code and set forth proposed amendments (02- Appendix A - Redline).

Financial Implications: The fiscal impacts associated with this State unfunded mandate include the City Clerk serving as the filing officer and administrator of the program, which includes notifying filers and ensuring that the Form 700 filings are completed and submitted by the State’s prescribed deadlines and retaining of the filings in accordance with the City’s adopted Records.

Policy Implications: Adoption of this resolution is consistent with the regulations set forth by the FPPC which are mandated upon public agencies and advances the public interest in transparency and accountability of City decisionmaking. 34 Appendix A
Position Disclosure Category
Accountant I/ll 1
Airport Land Use Commissioner 1
Airport Manager 1
Assistant City Attorney 1
Arts, Culture and Tourism Commissioner
Assistant to the City Manager
Assistant/Associate/Principal Management Analyst 1
Capital Improvements Program Manager 1
Assistant Management Analyst 1
Assistant/Associate/Senior Planner 1
Assistant/Associate Civil Engineer 1
Building / ADA Board of Appeals Commissioner 1
Building Inspector 1
Building Official 1
Capital Program and Facilities Program Manager 1
Chief of Police 1
City Clerk 1
Code Compliane Investigator 1
Communicatons Manager and Projects Specialist 1
Community Services Officer 1
Community Services Officer Supervisor 1
Complete Streets Program Manager
Director of Development Services Director 1
Director of Administrative ServicesFinance 1
Director of Parks & Recreation
Director of Public Works 1
Events Coordinator
Engineerning Manager 1
Financial Services Manager 1
Fire Chief 1
Fire Battalion Chief 1
Fire Safety Inspector l/II 1
Fire Marshall
Fleet Supervisor 1
GIS Analyst 1
Housing Inspector 1
Housing Manager 1
Human Resources Manager 1
Independent Citizens Oversight Board Member
Information Technology Supervisor
Network Systems Administrator 1
Lead Community Service Officer 1
Maintenance Manager 1
Management Analyst 1
Network Systems Administrator 1
Office Manager
Parks and Recreation Commissioner
Principal Human Resources Analyst
35 2
Planning Manager 1
Police Lieutenant 1
Police Sergeant (Code Enforcement) 1
RecreationSuperintendent Recreation Manager
Resident Engineer/Inspector 11
Risk Manager1
Senior Community Services Officer
Senior/Primary Building Inspector 1
Senior Housing Inspector 1
Sustainability Coordinator
Stormwater Program Coordinator 1
*Consultants 1
Appendix B
Disclosure Category 1: Must report all interests in real property located within the jurisdiction, as well as investments, business positions and sources of income, including gifts, loans and travel payments. *Consultants shall be included in the list of designated employees and may be required to file a State of California, Fair Political Practices Commission, Statement of Economic Interests form. If a consultant participates in making financial decisions, said consultant is required to disclose certain types of information so that the public can be made aware of any potential conflict of interest. This form must be filed each year and is a public document. However, the following limitation may apply:

The City Manger may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

The following positions are NOT covered by this code, because they are required to file full disclosure with the Fair Political Practices Commission (by way of the City Clerk) under Section 872000, and therefore, are listed for informational purposes only:

City Councilmembers
City Attorney
City Manager
City Treasurer
City Planning Commissioners
36 Resolution 2022-XXX October 4, 2022 Page 1 of 3
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Updating the City’s Conflict of Interest Code
(Replaces Resolution 2020-90)

BACKGROUND
A. The Political Reform Act of 1974, Government Code Section 87300, et seq., requires state and local government agencies to adopt and promulgate conflict interest codes.

B. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code.

C. Such standard terms can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act.

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

1. Incorporates by reference the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission, and adopts the the conflict of interest code comprised of the attached Appendix A, in which officials, boards and commission members and employees are designated, and Appendix B, in which disclosure categories are set forth.

2. Directs designated employees to file statements of economic interests with the City Clerk, all of which will be made available for public inspection and reproduction (upon request) pursuant to Government Code 81008.

Adopted by the City of South Lake Tahoe City Council on October 4, 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.

37 Resolution 2022-XXX October 4, 2022 Page 2 of 3
Appendix A
Position Disclosure Category
Accountant I/ll 1
Airport Land Use Commissioner 1
Airport Manager 1
Arts, Culture and Tourism Commissioner 1
Assistant City Attorney 1
Assistant to the City Manager 1
Assistant/Associate Civil Engineer 1
Assistant/Associate/Principal Management Analyst 1
Assistant/Associate/Senior Planner 1
Building / ADA Board of Appeals Commissioner 1
Building Inspector 1
Building Official 1
Capital Program and Facilities Program Manager 1
Chief of Police 1
City Clerk 1
Code Compliance Investigator 1
Communications and Projects Specialist 1
Community Services Officer 1
Community Services Officer Supervisor 1
Complete Streets Program Manager 1
Director of Development Services 1
Director of Finance 1
Director of Parks & Recreation 1
Director of Public Works 1
Engineering Manager 1
Events Coordinator 1
Fire Chief 1
Fire Battalion Chief 1
Fire Safety Inspector l/II 1
Fire Marshal 1
Fleet Supervisor 1
GIS Analyst 1
Housing Inspector 1
Housing Manager 1
Human Resources Manager 1
Independent Citizens Oversight Board Member 1
Information Technology Supervisor 1
Maintenance Manager 1
Management Analyst 1
Network Systems Administrator 1
Office Manager 1
Parks and Recreation Commissioner 1
Planning Manager 1
Police Lieutenant 1
Police Sergeant (Code Enforcement) 1
Principal Human Resources Analyst 1
Recreation Manager 1
Resident Engineer/Inspector 1
Risk Manager 1
Senior Community Services Officer 1
Senior/Primary Building Inspector 1
Sustainability Coordinator 1
*Consultants 1
38 Resolution 2022-XXX October 4, 2022 Page 3 of 3
Appendix B
Disclosure Category 1: Must report all interests in real property located within the jurisdiction, as well as investments, business positions and sources of income, including gifts, loans and travel payments.
*Consultants shall be included in the list of designated employees and may be required to file a State of California, Fair Political Practices Commission, Statement of Economic Interests form. If a consultant participates in making financial decisions, said consultant is required to disclose certain types of information so that the public can be made aware of any potential conflict of interest. This form must be filed each year and is a public document. However, the following limitation may apply:

The City Manager may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s duties and based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

The following positions are NOT covered by this code, because they are required to file full disclosure with the Fair Political Practices Commission under Section 87200, and therefore, are listed for informational purposes only:

City Councilmembers
City Attorney
City Manager
City Treasurer
City Planning Commissioners
39 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 5
Agenda Item: Ordinance Amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles (Second Reading)
Executive Summary: On September 20, 2022, City Council held a first reading of this Ordinance and referred the second reading to this meeting for adoption. The proposed ordinance would establish a municipal use and commercial ban on single-use plastic water bottles smaller than one gallon, to be phased in over time. The municipal use ban would be effective on April 22 (Earth Day), 2023, and the commercial ban would be effective one year later, on April 22, 2024. The proposed ordinance also removes exceptions for hardship and polystyrene raw food packaging, makes the City the enforcement agency for the state's Single-Use Foodware Accessories and Condiments law, and makes other edits for clarity and consistency with state laws that came into effect after the City's original ordinance was adopted in 2018.

Requested Action / Suggested Motions: Pass an Ordinance Amending 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles.

Responsible Staff Members: Heather Stroud, City Attorney and Sara Letton, Sustainability Coordinator Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Sara Letton, Sustainability Coordinator (530) 542-6175
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Attachments:
01 - Staff Report.docx
02 - Ordinance Amending Chapter 4.175.docx
40 Council Agenda Report- October 4, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Ordinance Amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles (Second Reading) Location: Citywide
Responsible Staff Member: Heather L. Stroud, City Attorney (530) 542-6046 Sara Letton, Sustainability Coordinator (530) 542-6175
Background: Single-use plastics are a significant source of waste and pollution because of the sheer volume of these products produced and used by consumers and the long amount of time they exist in the environment after their short useful life ends. Single-use plastics are generally defined as goods made primarily from petrochemicals that are meant to be disposed of right after use. These include items such as plastic straws, coffee stir sticks, shopping bags, beverage bottles, and packaging. Discarded plastics are particularly damaging to water quality because they don’t really break down or decompose; they just break apart eventually into microplastics that end up washed downstream into waterbodies. The University of California Davis’s Tahoe Environmental Resource Center (TERC) has been leading a study of the effects of microplastics in Lake Tahoe, and in 2020, found plastic in almost every sample taken from beaches around the Lake. Because no wastewater is discharged to Lake Tahoe, most of the microplastic waste appears to be coming from plastic litter, especially plastic bottles and bags.

The City’s location in the Lake Tahoe Basin makes us stewards of this internationally treasured resource. The City Council has recognized waste management and stewardship as priority Goal

3.4 in the 2021-2026 Strategic Plan, which includes Action Item 4, to “evaluate the option to ban certain single-use plastics, especially water bottles.” The City has already taken significant steps in regulating single-use plastics:
 In 2013, the City Council became one of the first cities in California to regulate single-use plastic bags, by adopting Ordinance No. 1061.
 In 2018, the City Council adopted the Polystyrene and Plastic Food Packaging Regulations, codified at South Lake Tahoe City Code chapter 4.175. This ordinance prohibits “food providers” from providing plastic utensils, straws, or stirrers except upon request, and from providing polystyrene food containers. It also prohibits vendors from selling polystyrene products including coolers, cups, bowls, plates, and packing peanuts, and prohibits the use of polystyrene at City facilities and special events.
41 Council Agenda Report- October 4, 2022 Page 2 of 3
 In 2021, the City Council repealed its single-use plastic bag regulations to instead follow state law adopted in 2016, which is applicable to more types of establishments.

Additionally, the California Legislature has been active in regulating single-use plastics in recent years:
 In 2016, the state implemented a single-use plastic bag ban, codified in Public Resources Code sections 42280-42288. This law prohibits most grocery stores, large retail stores with a pharmacy, and convenience stores that sell food and alcoholic beverages from providing their customers with bags designed for a single use only, unless those bags are made with recycled paper. These stores may provide customers with certified reusable grocery bags and must charge at least 10 cents for each reusable plastic or recycled paper bag. Cities may enforce the state law with civil penalties up to $1,000 per day. As mentioned above, the City follows this law.
 In 2021, the Legislature passed the Single-Use Foodware Accessories and Condiments law, codified at Public Resources Code sections 42270-42273, which became effective on January 1, 2022. This law prohibits a “food facility” from providing single-use plastic items except on request. This covers items such as utensils, straws, stirrers, and condiment cups and packets. This law requires cities to designate an enforcement agency with $25 fines for each day in violation, up to $300 per year. The law includes a savings clause that allows cities to adopt stricter regulations.
 Senate Bill 54, titled the Plastic Pollution Producer Responsibility Act, was signed by the Governor this summer. This bill prohibits the sale, distribution, or importing into California any single-use, non-recyclable or non-compostable disposable packaging and food ware service products manufactured after January 1, 2032.

On June 7, 2022, the City Council heard a presentation on this item and provided direction to bring back an ordinance to further restrict the use of single-use plastics, especially single-use plastic water bottles. On September 20, 2022, City Council passed a motion by a vote of 5-0 to hold a first reading of the ordinance and refer the second reading to the meeting on October 4, 2022.

Issue and Discussion:

The proposed amendments to the City’s Polystyrene and Plastic Food Packaging Regulations accomplish the following in accordance with previous City Council direction:
 Prohibits single-use water bottles of less than one gallon, at City facilities and permitted temporary activities and special events. This municipal use ban is effective on April 22 (Earth Day), 2023. See § 4.175.050(A).
 Prohibits sale of single-use plastic water bottles of less than one gallon within the City of South Lake Tahoe. This commercial ban is effective on April 22 (Earth Day), 2024. See §

4.175.050(B).
 Removes exceptions for hardship and polystyrene raw food packaging that are currently in § 4.175.050.
42 Council Agenda Report- October 4, 2022 Page 3 of 3
 Takes on City enforcement role for state Single-Use Foodware Accessories and Condiments law. See § 4.175.060(C).
 Makes other edits for clarity and consistency with new state laws, including updates to definitions.

These amendments, except for the single-use plastic water bottle municipal use and commercial ban which are phased in through April 2024, would be effective on January 1, 2023. The League to Save Lake Tahoe has assisted with outreach efforts on this ordinance in the past and has indicated a willingness to partner on outreach on these amendments this Fall.

The phased approach to the municipal use and commercial bans will allow time develop alternatives for accessible drinking water. For example, the City will be looking at installing water bottle refilling stations at City parks and/or acquiring portable water refilling stations for use at City events and permitted special events and temporary activities. Grant funding from CalRecycle and Take Care Tahoe may be available to offset some of the costs.

Financial Implications: Staff is evaluating the cost of installing water bottle refilling stations and acquiring portable water refilling stations.

Environmental Considerations: This ordinance is exempt from environmental review under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15307 (actions by regulatory agencies for protection of natural resources) and 15308 (actions by regulatory agencies for protection of the environment).

Policy Implications: This item advances progress on Strategic Plan Goal 3.4, Waste Management and Stewardship, Action Item 4 “Evaluate the option to ban certain single-use plastics, especially water bottles.” In addition to reducing the amount of plastic waste and microplastics in the Lake Tahoe Basin, these amendments would have the added benefit of reducing greenhouse gas emissions consistent with the City’s Climate Action Plan. Because of South Lake Tahoe’s relatively remote location, transporting single-use plastic water bottles to South Lake Tahoe for consumption and transporting empty bottles to Nevada for recycling, which is only one part of the life cycle of a single-use plastic water bottle, generates a significant amount of greenhouse gases.
43 Ordinance 2022-XXX October 4, 2022 Page 1 of 6
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
An Ordinance Amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles

FINDINGS
A. The City of South Lake Tahoe has the police power under article XI, §7 of the California Constitution to protect the health, safety, and welfare of the community, including the ability to protect and enhance the natural environment.

B. The City of South Lake Tahoe shares approximately 4.5 miles of shoreline with Lake Tahoe, which is the largest alpine lake in North America and at 1,645 feet, is the second deepest lake in the United States after Crater Lake in Oregon. Lake Tahoe was formed about 2 million years ago and is known for the clarity of its water, with objects visible over 70 feet deep in some places. The Lake Tahoe Basin is home to a range of wildlife including black bears, bald eagles, osprey, and 24 species of native and non-native fish.

C. Lake Tahoe is also a major tourist attraction, with approximately 15 million visitors each year.

South Lake Tahoe is the most densely populated area and the only incorporated city in the Lake Tahoe Basin.

D. On April 3, 2018, City Council adopted Ordinance No. 1117 establishing South Lake Tahoe City Code chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations), which became effective on October 1, 2018.

E. On October 20, 2020, the City Council passed Resolution No. 2020-097 adopting the Climate Action Plan “to help the City achieve its goals to reduce its greenhouse gas emissions” and “demonstrate environmental leadership that has been a benchmark of the Tahoe Basin.” The Climate Action Plan includes Action WA-3 to implement waste and climate change education, including “helping to create and publicize a waste reduction pledge from community partners that interact with visitors” and “supporting the creation of local life cycle analyses, specifically of recycling plastics vs. landfilling plastics.”
F. The City Council has recognized waste management and stewardship as priority Goal 3.4 in the 2021-2026 Strategic Plan, which includes Action Item 4, to “evaluate the option to ban certain single-use plastics, especially water bottles.” 44 Ordinance 2022-XXX October 4, 2022 Page 2 of 6
G. In October 2021, Governor Newsom signed into law California Assembly Bill (AB) 1276 which prohibits food facilities from providing any single-use foodware or condiment package unless requested by the customer. AB 1276, codified at California Public Resources Code sections 42270-42273 (“Single-Use Foodware Accessories and Condiments”), requires the City to authorize an enforcement agency to enforce these new state requirements, and this Ordinance authorizes the City to be the enforcement agency.

H. Between 2014-2021, the League to Save Lake Tahoe held 172 community clean-up events around Lake Tahoe at which volunteers picked up 5,702 plastic bottles and 14,296 bottle caps, approximately half of which were plastic.

I. Discarded plastics are particularly damaging to water quality because they break apart into microplastics, defined as plastic fragments less than 5 millimeters in length, which end up washed downstream into waterbodies. Researchers from the University of California at Davis Tahoe Environmental Research Center (TERC) have been leading a study on the effects of microplastics in Lake Tahoe and in 2020, found plastic in almost every sample taken from beaches around the Lake. Because no wastewater is discharged to Lake Tahoe, most of the microplastics appear to be coming from plastic litter, especially plastic bottles and bags. TERC is studying the extent of harm from microplastics on freshwater ecosystems.

J. Especially because of South Lake Tahoe’s relatively remote location, the life cycle of singleuse plastic water bottles generates a significant amount of greenhouse gases in South Lake Tahoe, even if they are properly disposed of and recycled. Based on data received from the City’s franchise waste hauler South Tahoe Refuse, an average of 209,372 pounds per year of plastic bottles (PET #1) have been hauled to its recycling facility in Nevada over the past three years (2019-2021). While not all of these are single-use water bottles, and South Tahoe Refuse does not track this data, anecdotally, single-use water bottles make up a significant share of PET #1 bottles. Assuming that these bottles originated at a distribution center in Sacramento, the greenhouse gases generated from just transporting the bottles from Sacramento to South Lake Tahoe and then to the recycling center in Nevada amount to approximately 205 metric tons of carbon dioxide equivalent per year. For single-use water bottles, this figure does not include the additional greenhouse gases generated by getting water to the bottling plant, hauling bottled water to the distributor, or manufacturing and recycling the plastic bottles.

K. South Lake Tahoe enjoys excellent quality drinking water. The Tahoe Water Suppliers Association (TWSA), which includes California and Nevada municipal water agencies, provides outstanding, pure source water even before treatment, and its members have 6 of the total 60 “filtration avoidance” permits given among the 160,000 public water systems in the United States. The TWSA and Take Care Tahoe have initiated the “Drink Tahoe Tap” campaign to encourage residents and visitors to forego bottled water in favor of local tap water, in part to reduce waste and plastic pollution.
45 Ordinance 2022-XXX October 4, 2022 Page 3 of 6
L. On June 7, 2022, City Council received a presentation regarding potential amendments to the Polystyrene and Plastic Food Packaging Regulations and provided direction to staff to bring this Ordinance back for discussion.

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

SECTION 1. Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) is hereby amended to read as follows:

4.175.010 Purposes.

4.175.020 Definitions.

4.175.030 Polystyrene ban.

4.175.040 Plastic single-use foodservice ware ban.

4.175.050 Single-use plastic water bottle ban.

4.175.060 Enforcement and violation – Penalty.

4.175.070 Severability.

4.175.010 Purposes.

The purpose of this chapter is to regulate the use of certain single-use expanded polystyrene and plastic products in order to reduce and prevent the presence of this type of litter in the environment and prevent this type of litter, including microplastics, from polluting Lake Tahoe and to promote environmentally sustainable practices that limit the amount of waste and greenhouse gases produced in the city of South Lake Tahoe.

4.175.020 Definitions.
“Expanded polystyrene” or “EPS” means a foam material made of blown polystyrene, and expanded and extruded foams (sometimes called Styrofoam) which are thermoplastic petrochemical materials utilizing a styrene monomer which is often used to hold prepared food. “Expanded polystyrene products” means any items such as coolers, ice chests, cups, bowls, plates, clamshell containers, shipping boxes, packing peanuts, packaging materials or any other merchandise made from expanded polystyrene that is not wholly encapsulated or encased by a more durable material.
“Food provider” generally means any vendor, business, organization, entity, group, or individual that offers food or beverages to the public for consumption on or off premises, regardless of whether there is a charge for the food. “Food provider” typically includes restaurants, retail food establishments, caterers, cafeterias, stores, shops, sales outlets, grocery stores, delicatessens, itinerant restaurants and mobile food vendors.
“Prepared food” means any food, including beverages, which is served or prepared for consumption, including ready-to-eat and takeout food. “Prepared food” does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar food establishment. “Plastic” means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms, and includes coatings and adhesives, and includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE), polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid (PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate 46 Ordinance 2022-XXX October 4, 2022 Page 4 of 6
(PHA) and polyhydroxybutyrate (PHB). “Plastic” does not include natural rubber or naturally occurring polymers such as proteins or starches.
“Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
“Single-use foodservice ware” means all of the following single-use items containing or provided alongside prepared food: cups, bowls, plates, trays, cartons, clamshell containers, cup lids, utensils (forks, knives, spoons, and sporks), chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks.
“Single-use plastic water bottle” means a single-use plastic container of less than one gallon containing non-sparkling, unflavored drinking water.
“Vendor” means any store or business which sells or offers goods or merchandise, located or operating within the city of South Lake Tahoe, including those referenced in “Food provider.”

4.175.030 Polystyrene ban.

A. No food provider shall sell or otherwise provide prepared food in EPS single-use foodservice ware.

B. No vendor shall sell or otherwise provide EPS foodservice ware or expanded polystyrene products.

C. No person shall distribute EPS foodservice ware or expanded polystyrene products at a city facility or city-affiliated event, and all city concessionaires, lessees, licensees, and permittees for facility use, special events, and temporary activities shall comply with this section. No city funds shall be used to purchase expanded polystyrene products.

D. Products made from expanded polystyrene which are wholly encapsulated or encased by a more durable material are exempt from the provisions of this section. Examples include surfboards, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and coolers encased in hard plastic.

4.175.040 Plastic single-use foodservice ware ban.

No food provider shall sell or otherwise provide plastic single-use foodservice ware except upon request.

4.175.050 Single-use plastic water bottle ban.

A. Effective April 22, 2023, no person shall distribute single-use plastic water bottles at a city facility or city-affiliated event, and all city concessionaires, lessees, licensees, and permittees for facility use, special events, and temporary activities shall comply with this section. No city funds shall be used to purchase single-use plastic water bottles.

B. Effective April 22, 2024, no vendor shall sell single-use plastic water bottles in the City of South Lake Tahoe.

C. The provisions of this section shall not apply in cases of emergency or other city situations where the city manager finds that relying on single-use plastic water bottles is necessary to protect the public health, safety, and welfare, and no reasonable 47 Ordinance 2022-XXX October 4, 2022 Page 5 of 6
alternative would serve the same purpose, including lack of available potable water due to a natural disaster.

4.175.060 Enforcement and violation – Penalty.

A. A violation of any provision of this chapter by any person, food provider or vendor is subject to the following administrative fines, which shall be appealable pursuant to the procedures in chapter 2.30 of this code.

1. A fine not exceeding $100.00 for a first violation.

2. A fine not exceeding $200.00 for a second violation of this chapter within one year.

3. A fine not exceeding $500.00 for each additional violation of this chapter within one year.

B. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including but not limited to administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

C. The city is the authorized enforcement agency for violations of Chapter 5.2 of Part 3 of Division 30 of the California Public Resources Code (Single-Use Foodware Accessories and Condiments). Such violations are subject to a fine of $25 for each day in violation not exceeding $300 per year, which shall be appealable pursuant to the procedures in chapter 2.30 of this code.

4.175.070 Severability.

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this chapter. The city council declares that it would have passed this chapter and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid.

SECTION 2. The City Council finds that adoption of the proposed Ordinance is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15061(b)(3) (common sense exemption that CEQA does not apply to projects where it can be seen with certainty that there is no possibility that the action may have a significant effect on the environment), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment) because it is an action taken by the City in its regulatory capacity to protect natural resources and the environment. Adopting the proposed Ordinance would protect the environment by reducing plastic and polystyrene waste and reducing greenhouse gas emissions from transporting and recycling single-use plastic water bottles.

SECTION 3. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 4. This Ordinance shall become effective on January 1, 2023. 48 Ordinance 2022-XXX October 4, 2022 Page 6 of 6
Adopted by the City of South Lake Tahoe City Council on October 4, 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.
49 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 6
Agenda Item: CalRecycle Beverage Container Recycling Grant Program Application Executive Summary: The CalRecyle Beverage Container Recycling Program provides funding to promote increased recycling of beverage containers throughout California and reduce the beverage container litter in the waste stream. There is no match requirement. The program has $1,500,000 available for each fiscal year (FY) 2022-23 and 2023-24, and allows for grants of up to $275,000.

Requested Action / Suggested Motions: Pass a Resolution authorizing submittal of a grant application to CalRecycle for up to $275,000 to purchase and install water bottle refilling stations.

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, Director of Finance
Heather Stroud, City Attorney
Attachments:
01 - Staff Report CalRecycle BCR Grant 2022.docx
02_-_Resolution_CalRecycle_Grant_2022.docx
50 Council Agenda Report- October 4, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: CalRecycle Beverage Container Recycling Grant Program Location: Citywide
Responsible Staff Member: Sara Letton (530) 542-6175
Background: CalRecycle has issued a grant opportunity for the Beverage Container Recycling Program authorizing $3 Million for the program, with $1,500,000 available for each fiscal year (FY) 2022-23 and 2023-24. The purpose of the grant program is to “promote increased recycling of beverage containers throughout California and reduce the beverage container litter in the waste stream.”
Staff presented a first reading of a draft ordinance on September 20, 2022 about banning singleuse plastic water bottles. Staff recommended applying for grants in order to help fund and install more water bottle refilling stations because it demonstrates a good faith effort on the City’s behalf in encouraging this behavior change toward lessening reliance on single use plastic water bottles.

The grant submission period is currently open with a deadline approaching on October 18, 2022.

Issue and Discussion: The grant program has specifically included as an eligible cost, “purchase of water refill stations, including the installation, education and outreach, or replacement of infrastructure, plumbing, maintenance, additional attachments or modifications.” Staff is proposing to prepare a grant application that will purchase and install permanent water bottle refill stations at high-use city properties where plumbing is appropriate. Staff also propose purchasing and assembling “portable water bottle refilling stations” similar to those that are designed by the Tahoe Water Suppliers Association and deployed in various places across the basin by Take Care Tahoe. The City Parks and Recreation Department plans to store and maintain the portable stations, which have four refill spigots per cart, for events on City property.

Influencing behavior change will take time and resources toward education and outreach. A grant application allows for up to 25% of total project costs to be utilized for this purpose. In addition to some coordinated messaging by Staff, the grant will include a line item for a subcontract to a local nonprofit to develop a higher level, coordinated outreach and education campaign.

Staff is proposing a grant application to fund the cost of purchase and installation of 4-8 permanent outdoor and indoor stations, as well as the cost of parts and assembly of 5 portable stations, and outreach and education services. Staff are currently in planning and discussion for targeting the exact sites on City properties including beaches, parks, and the Transit Center area. 51 Council Agenda Report- October 4, 2022 Page 2 of 2
Financial Implications: Staff is proposing a grant application not to exceed $275,000. No matching funds are required by the funder.

Environmental Considerations: The appropriation of funds for the projects mentioned above is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines (existing facilities).

Policy Implications: This project advances the City’s Strategic Priority 3.4, “Develop a culture of stewardship and care taking by residents and visitors and coordinate with regional partners to reduce the amount of litter impacting the environment. Reduce the source of litter by increasing availability of trash cans in public, banning single use plastics, installing water bottle filling stations and bear boxes in the community. Reduce the amount of waste reaching the landfill through recycling and other efforts.”
It also supports Climate Action Plan Strategy 12, Action WA-2: “Implement waste and climate change education program”, which includes “creating marketing campaigns and local advertisement to increase a culture of sustainability.” 52 Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Approval of Grant Application to CalRecycle Beverage Container Recycling Program

BACKGROUND
A. Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment.

B. In furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants.

C. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

D. The Department of Resources Recycling and Recovery (CalRecycle) administers a program making $3 Million available in support of increasing recycling of beverage containers throughout California and reducing the beverage container litter in the waste stream.

E. The program specifically allows for purchase of water refill stations, including the installation, education and outreach, or replacement of infrastructure, plumbing, maintenance, additional attachments or modifications.

F. On September 20, 2022, City Council has heard a first reading of a draft ordinance amending Chapter 4.175 (Polystyrene and Plastic Food Packaging Regulations) of the South Lake Tahoe City Code to Establish a Municipal Use and Commercial Ban on Single-Use Plastic Water Bottles. During the staff presentation of the draft ordinance, staff reported that the CalRecycle Beverage Container Recycling Grant program could support the behavior change necessary for successful enactment of the proposed ordinance.

G. The installation of permanent water bottle refilling stations, and the deployment of portable stations at City events, along with education and outreach, supports City 53 priorities (Strategic Plan 3.4 and Climate Action Plan Strategy WA-2) independently of the adoption of a single-use plastic water bottle ban.

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 submittal of application(s) to CalRecycle for CalRecycle Beverage Container Recycling Grant Program application for an amount up to $275,000.

2. Authorizes the City Manager or designee to execute in the name of the City of South Lake Tahoe, all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.

3. Recognizes these authorizations are effective for five years from the date of adoption of this resolution.

4. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines.

5. If awarded, authorizes acceptance of grant funds up to $275,000 to be appropriated into the Parks and Recreation Department budget as follows:

Revenue: 100-04170-33324
Expenses: 100-04170-xxxxx
Adopted by the City of South Lake Tahoe City Council on October 4, 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.
54 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 7
Agenda Item: Acceptance of Tahoe Regional Planning Agency Mitigation Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Executive Summary: At their September meeting, the Tahoe Regional Planning Agency (TRPA) Governing Board approved Public Works' request for the release of $827,548.45 in mitigation funding to be used for construction of the Tahoe Valley Stormwater and Greenbelt Improvement Project. The TRPA Mitigation Funds are eligible local match funding that will be applied to the State Water Resources Control Board, Proposition 1 implementation grant local contribution requirement.

Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating Tahoe Regional Planning Agency (TRPA) Water Quality Mitigation Funding ($540,152.48) and Air Quality Mitigation Funding ($200,000) and transferring $87,395.97 from the completed Upper Truckee River Restoration Project to the Tahoe Valley Stormwater and Greenbelt Improvement Project for construction.

Responsible Staff Members: Stan Hill, Engineering Manager and Jason Burke, Complete Streets Manager
Responsible Staff Member: Stan Hill, Engineering Manager (530) 542-6039 Jason Burke, Complete Streets Manager (530) 542-6038
Reviewed and Approved By:

Anush Nejad, Director of Public Works
Olga Tikhomirova, Finance Director
Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Joseph Irvin, City Manager
Attachments:
01 - Staff Report - TRPA Mitigation Funds.docx
02-Project Location Map.pdf
03-Resolution-2022-099.pdf
04 - Resolution TRPA Funding.doc
55 Council Agenda Report- October 4, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Accept and Appropriate TRPA Mitigation Funding for the Tahoe Valley Stormwater and Greenbelt Improvement Project
Location: Tahoe Valley drainage watershed, inclusive to the “Greenbelt” area located behind “The Crossing” (AKA “factory stores”) at the South Y and the drainage watershed extending between west F Street to Tahoe Keys Blvd (see Attachment 02-Project Location Map) Responsible Staff Member: Stan Hill, Engineering Manager (530) 542-6039 Background: The Tahoe Valley Greenbelt and Stormwater Improvement Project (Tahoe Valley) is a vital community and environmental improvement project. Based on feedback from the public received during the Area Plan process, and subsequent design meetings and public survey for the Greenbelt area, the project has been developed to provide the benefits requested by the community and stakeholders.

Previous staff reports have listed out the various Project benefits. In the interest of reducing redundancy within this staff report, readers interested in project benefits are directed to previous Tahoe Valley staff reports involving City Council action.

Due to the size and diversity of the overall project, the City has split the project into two phases in order to secure funding from a variety of eligible and applicable funding sources. The currently funded portion (Phase 1) consists of stormwater and water quality improvement work upstream (Bonanza neighborhood) and downstream (James, Eloise to Tahoe Keys Blvd.) with the Central Greenbelt Area (behind the Crossings) spanning from Emerald Bay Road at B Street to Hwy 50 at 4th Street.

Public Works is still seeking construction funding for the central greenbelt portion of the Project area (Phase 2). Phase 2 consists of public park amenities in upland areas surrounding areas of expanded SEZ restoration and a ‘mountain meadow’ themed meandering stormwater treatment system. Proposed improvements include new bicycle and pedestrian trails, two sections of elevated boardwalk over SEZ, dark-sky compatible lighting, public gathering places and future public art locations.

Issue and Discussion: Project construction funding for the Tahoe Valley Project is being acquired through several funding sources. On September 2, 2022, a $6,922,904 Proposition 1 implementation grant agreement was executed between the City and the State Water Resources Control Board (SWRCB). The grant agreement requires a local funding contribution of $1,869,035.

On August 9, 2022, City Council passed and adopted Resolution 2022-099, appropriating $706,442 of undesignated general reserve funding to the Tahoe Valley project (Attachment 03). That local match contribution will partially offset the SWRCB local match requirement; however, additional local match is needed to fulfill the SWRCB grant match contribution requirement.

TRPA collects permit fees from development applications throughout the Tahoe Basin. Development fees acquired on properties located within the city limits are available for use on City environmental improvement program (EIP) projects which include the Tahoe Valley project. The mitigation fees TRPA collects are intended to offset environmental impacts to Air Quality, Stream Environment Zone (SEZ), and Water Quality.
56 Council Agenda Report- October 4, 2022 Page 2 of 3
Financial Implications: Public Works recently requested the disencumbering of TRPA Mitigation Funds from two completed EIP projects and requested the release of an additional $200,000 of Air Quality Mitigation Funds. The TRPA Mitigation Funds will fund Project construction and it will also qualify as local match contribution. At their September Governing Board meeting, TRPA approved the City’s request for the release of TRPA Mitigation Funding in the sums listed in Table 1.

Table 1 – TRPA Mitigation Funding
Mitigation Account Description Amount
Water Quality Unspent Construction Budget Release $540,152,48 SEZ Transfer from Upper Truckee River Restoration Project $87,395.97 Air Quality New Mitigation Funding Release Request $200,000.00 Total Funding Release Request: $827,548.45
In 2019, Southwest Gas completed the replacement of “vintage steel” gas mains and gas service lines within the Bonanza neighborhood (F Street to Lake Tahoe Blvd). The City’s Public Improvements and Engineering Standards (PIES) required Southwest Gas to mill and overlay the pavement areas where they replaced the gas main and service laterals. However, Southwest Gas preferred to enter a “payment in-lieu of paving” fee agreement with the City. In-lieu fees will be applied to Tahoe Valley pavement rehabilitation expenses which are included within the recently awarded construction contract with Herback General Engineering.

Following street cutting and installation of the Tahoe Valley, Phase 1 storm drain system, paving of the affected Bonanza neighborhood streets will be timely. Use of the Southwest Gas “payment in-lieu of paving” fees for a “mill and overlay” pavement treatment also provides an opportunity to meet the City’s local match contribution. Table 2 list the funding sources that can be used to meet the SWRCB local match contribution. The local match balance of $90,705.45 will be applied to the Phase 2 construction budget and may be used to meet local match contribution requirements of a future Phase 2 grant.

Table 2 – Local Match Contribution Summary
Funding Source Amount
City Undesignated General Reserve $706,442.00
TRPA Mitigation Funding $827,548.45
Pavement Rehabilitation - S.W. Gas Payment in-lieu of Paving Fees $425,750.00 Total Local Funding Contribution: $1,959,740.45
Actions defined within the accompanying resolution include the acceptance of TRPA Mitigation Funds for construction expenses and transferring of the remaining SEZ Mitigation Fund balance from the completed Upper Truckee River Restoration Project construction budget over to the Tahoe Valley project.

Environmental Considerations: The Planning Commission adopted the CEQA, Mitigated Negative Declaration on May 9, 2019, SCH# 20190292152. Adding the Urgent Care parcel to the Project will require an amendment to the approved CEQA MND. The Conservancy has committed to completing the CEQA MND amendment and has scheduled the adoption by the Conservancy Board at their December Board meeting. Construction will not commence until the MND amendment is approved.

Policy Implications: Completing project improvements will assist with meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section 50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation). The Project advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.4 (Transportation) to prioritize implementation of mixed-use recreational trails and Class 1 bike trails and closing gaps in the bicycle trail system. 57 Council Agenda Report- October 4, 2022 Page 3 of 3
 Action Item 2.3 (Connectivity) to facilitate implementation of trail infrastructure prioritizing the connection of bicycle and walking trails, from neighborhoods near the Greenbelt to the South Y commercial area and beyond.
 Action Item 5.3 (Infrastructure and Maintenance) by actively seeking funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list.

The project will also provide greenhouse gas reduction benefits, providing progress on Action #WB-1 of the 2020 Climate Action Plan: Improve bicycle and pedestrian networks. 58 South Y
Tahoe Valley Storm Water
Improvement Project Area Map
Department of
Public Works -
Engineering Division
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Resolution 2022-XXX October 4, 2022 Page 1 of 2
Resolution
2022-XXX
Adopted by City of South Lake Tahoe
City Council
October 4, 2022
Accepting and Appropriating Tahoe Regional Planning Agency (TRPA) Water Quality and Air Quality Mitigation Funding for Construction of the Tahoe Valley Stormwater and Greenbelt Improvement Project
BACKGROUND:

A. On September 2, 2022, the State Water Resources Quality Control Board (SWRCB) and the City executed a $6,922,904 Proposition 1 implementation grant agreement for the Tahoe Valley Stormwater and Greenbelt Improvement Project (Tahoe Valley).

B. Conditions of the SWRCB grant agreement require a City local match contribution of $1,869,035.

C. On August 9, 2022, the City Council passed and adopted Resolution 2022-099, appropriating $706,442 of General Fund Undesignated Excess Reserve funding to the Tahoe Valley project as a local match contribution.

D. The Department of Public Works requested TRPA disencumber and release $540,152.48 in TRPA Water Quality Mitigation Funds and authorize those funds for construction of the Tahoe Valley project.

E. The Department of Public Works requested TRPA disencumber $87,395,.97 in TRPA Stream Environment Zone (SEZ) Mitigation Funds and authorize those funds for construction of the Tahoe Valley project.

F. The Department of Public Works requested TRPA release $200,000 in Air Quality Mitigation Funding for construction of the Tahoe Valley project.

G. TRPA Mitigation Funds qualifies as local match contribution that can be applied to the SWRCB grant match contribution requirement.

H. At the September TRPA Governing Board meeting, the City’s request to disencumber and authorize TRPA Mitigation Funds as described in items D and E herein, and the request for the release of TRPA Air Quality Mitigation Funding described in item F herein were approved.

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

1. Accepts $540,152.48 in TRPA Water Quality Mitigation Funding and $200,000 in Air Quality Mitigation Funding for construction of the Tahoe Valley Greenbelt and Stormwater Improvement Project.

2. Appropriates the accepted funding to the following Tahoe Valley account. 301-40030 Revenue (33312) TRPA Water Quality Mitigation Funds (+) $540,152.48 301-40030 Revenue (33311) TRPA Air Quality Mitigation Funds (+) $200,000.00 63 Resolution 2022-XXX October 4, 2022 Page 2 of 2
301-40030 Expenditure (48030) Tahoe Valley, Construction (+) $740,152.48

3. Transfers and Appropriates the Following:

From: 301-40017 Upper Truckee River Restoration, SEZ Mitigation Funds (-) $87,395.97
To: 301-40030 Expenditure (48030) Tahoe Valley, Construction (+) $87,395.97

Adopted by the City Council of the City of South Lake Tahoe on October 4, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:

Attest:
______________________ ______________________
Susan Blankenship, City Clerk Devin Middlebrook, Mayor
64 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 8
Agenda Item: Donation from the El Dorado Community Foundation designated to support the Park Ranger Program
Executive Summary: In 2021, the City embarked on a pilot program to place youth ambassadors in City parks to interact with park users and promote good stewardship to help preserve and protect the environment. Several community partners supported the initial pilot program including the El Dorado Community Foundation. In 2022, the City partnered with Lake Tahoe Unified School District to identify the program as part of a workforce development initiative and rebrand the ambassador program as a City managed Park Ranger Program. The new program has qualified for pass through grant funding from LTUSD to fund the cost of a Park Ranger Program Coordinator and create job opportunities for local youth. The Memorandum of Understanding with LTUSD was approved by City Council on August 9, 2022. The El Dorado Community Foundation continues to support the Park Ranger Program and has offered a donation of $20,000 toward program equipment and supplies needed to sustain the program.

On September 6, 2022 City Council by resolution adopted a new financial policy establishing a process for the City to accept donations for a specific purpose. With the new financial policy in place the City is in a position to accept the donation of $20,000 from the El Dorado Community Foundation designated for the Park Ranger Program equipment and supplies.

Requested Action / Suggested Motions: Pass a Resolution authorizing acceptance of a $20,000 cash donation from the El Dorado Community Foundation designated to support the Park Ranger Program.

Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation and Joe Irvin, City Manager
Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation (530) 542-6197 Joe Irvin, City Manager (530) 542-6043
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - El Dorado Community Foundation Donation.docx 02-Resolution - El Dorado Community Foundation Donation to the Park Ranger Program.docx 03-Donation Approval Form_EDCF Donation.pdf
04-Donation Acknowledgement_El Dorado Community Foundation.docx.pdf 65 Council Agenda Report- October 4, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Donation from the El Dorado Community Foundation designated to support the Park Ranger Program
Location: Citywide
Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation (530) 542-6197 and Joe Irvin, City Manager (530) 542-6043 Background: In 2021, the City embarked on a pilot program to place youth ambassadors in City parks to interact with park users and promote good stewardship to help preserve and protect the environment. In 2022, the City partnered with Lake Tahoe Unified School District to identify the program as part of a workforce development initiative and rebrand the ambassador program as a City managed Park Ranger Program. The intent of the new program was two-fold: 1) To provide job opportunities to local youth and inspire career pathways in natural sciences, environment, sustainable recreation, and park management. 2) To directly interact with park users to educate and inform the public on best practices, park rules, waste management, history, culture and general information. The new program has qualified for pass through grant funding from LTUSD to fund the cost of a Park Ranger Program Coordinator. The Memorandum of Understanding with LTUSD was adopted by City Council on August 9, 2022.

Issue and Discussion: On September 3, 2022 the El Dorado Community Foundation offered the City a donation of $20,000 designated to help sustain the Park Ranger Program and implement the program objectives. On September 6, 2022 City Council by resolution adopted a new financial policy establishing a process for the City to accept donations for a specific purpose.

With the new financial policy in place the City is positioned to authorize and accept the $20,000 donation through resolution (Attachment 02) from the El Dorado Community Foundation designated for the Park Ranger Program.

Financial Implications: The City financial policy outlining procedures for accepting donations requires the submittal of a completed Donation Approval Form from the donor and is attached herein (Attachment 03). Also attached is an Acknowledgment Letter (Attachment 04) recognizing the donor. Accepting the donation from El Dorado Community Foundation will support the purchase of equipment and supplies to implement the objectives of the program such as; waste management tools, uniforms, two-way radios, and public outreach supplies.

Environmental Considerations: The acceptance of a donation is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the 66 Council Agenda Report- October 4, 2022 Page 2 of 2
environment. Where is can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

Policy Implications: Accepting a donation supports the City strategic plan for Continuous improvement – Goal 5.5 Fiscal Sustainability – to seek new and diverse revenue streams, partnerships and grant opportunities.
67 Resolution 2022-XXX October 4, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Authorizing Acceptance of $20,000 cash donation from El Dorado Community Foundation designated for the Park Ranger Program

BACKGROUND
A. In Summer 2021 the City collaborated with Lake Tahoe Unified School District (LTUSD), Lake Tahoe Community College (LTCC), and Sierra Nevada Alliance (SNA) to implement a pilot program on city parks and beaches called the Youth Ambassador Program.

B. In Fall 2021 the City and LTUSD established a park ranger program to replace the ambassador program and integrate the program into the City Parks and Recreation Services as part of a workforce development strategy.

C. On January 1, 2022 LTUSD was awarded a Strong Workforce grant in the amount of $688,220 to develop concentrator and completer course for the CTE Forestry and Natural Resources Pathway to attract more diverse student enrollment by use of varied learning experiences. CSLT is a collaborative partner in the grant award and will partner with South Tahoe High School to provide work-based learning opportunities by offering full-time seasonal jobs as Park Stewards.

D. On August 9, 2022 the City and LTUSD entered into a Memorandum of Understanding to continue the Park Ranger Program including authorizing $67,000 of pass through grant funding toward the Park Ranger Program Coordinator salary.

E. On September 3, 2022 El Dorado Community Foundation offered the City a $20,000 cash donation designated to help sustain the Park Ranger Program.

F. On September 6, 2022 City Council adopted a new financial policy to establish a process for soliciting and accepting contributions, donations, and sponsorships in a manner consistent with Government Accounting Standards.

G. On September 13, 2022 El Dorado Community Foundation submitted a completed donation approval form in the amount of $20,000 designated to sustain the Park Ranger Program. 68 Resolution 2022-XXX October 4, 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. Authorizes the City to amend FY 22/23 budget and accept El Dorado Community Foundation donation in the amount of $20,000 into the Parks Maintenance account 100- 04170-36280 (Contributions and Donations) designated to sustain the Park Ranger Program.

Adopted by the City of South Lake Tahoe City Council on October 4, 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.
69 70
71 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 9
Agenda Item: Amendment No. 6 to Agreement with Cardno for Tahoe Valley Stormwater and Greenway Improvement Project
Executive Summary: Consulting firm Cardno is under contract to perform engineering and design services necessary for the preparation of 100% complete plans, specifications, and estimate (PS&E) bid documents for the Tahoe Valley Stormwater and Greenbelt Improvement Project. The California Tahoe Conservancy purchased a parcel located within the historic watershed located in the lower section of the Greenbelt area (Urgent Care parcel located at the southwesterly corner of Fourth Street and Lake Tahoe Blvd). The building structure and site improvements on the parcel were demolished by the Conservancy during this past summer. The Conservancy, in coordination with Public Works, recognizes a water quality treatment opportunity can be provided by routing stormwater through the Conservancy-owned parcel. The proposed amendment to the agreement will allow engineering design updates to the Phase 2 Project plans, thereby increasing the Project's water quality benefits.

Requested Action / Suggested Motions: Pass a Motion approving Amendment No. 6 to Professional Services Agreement with Cardno for engineering and design service on the Tahoe Valley Stormwater and Greenway Improvement Project to increase compensation by $21,770 to include the work necessary to add the Urgent Care parcel to the Tahoe Valley, Phase 2 bid documents.

Responsible Staff Members: Stan Hill, Engineering Manager and Jason Burke, Complete Streets Manager
Responsible Staff Member: Stan Hill, Engineering Manager Jason Burke, Complete Streets Manager
Reviewed and Approved By:

Anush Nejad, Director of Public Works
Olga Tikhomirova, Finance Director
Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Joseph Irvine, City Manager
Attachments:
01-Staff Report - Cardno Amendment No. 6.docx
02-Project Location Map.pdf
03-Cardno Amendment No. 6 to PSA.docx
04-Exhibit D Scope of Work.docx
72 Council Agenda Report October 4, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Amendment No. 6 to Agreement with Cardno for Tahoe Valley Stormwater and Greenway Improvement Project
Location: Tahoe Valley drainage watershed, inclusive to the “Greenbelt” area located behind The Crossing (AKA “factory stores”) at the South Y and the drainage watershed extending between west F Street down to Tahoe Keys Blvd (see Attachment 02, Project Location Map) Responsible Staff Member: Stan Hill, Engineering Manager (530) 542-6039 Jason Burke, Stormwater Program Coordinator (530) 542-6038 Background: The Tahoe Valley Stormwater and Greenbelt Improvement Project (Tahoe Valley) includes an area-wide stormwater treatment system. The Greenbelt area extends between Emerald Bay Road at B Street to Lake Tahoe Blvd at 4th Street (see Attachment, 02-Project Map).

Proposed Project improvements will reduce pollutant loads entering the Upper Truckee River and Lake Tahoe in urban stormwater runoff. Greenbelt improvements include beautification and placemaking infrastructure (including an improved community park and public open spaces, permeable pavements, playground equipment, walking and biking trails, bike repair stations, bike racks, wayfinding signage, and dog waste, trash & recyclable collection stations).

The City retained the Services of design consultant Cardno to prepare 100% Plans, Specifications, and Estimate (PS&E) bid documents and provide Project permitting services. Project plans for Phase 1 and Phase 2 were completed in April 2022. Public Works bid and awarded Phase 1 this past summer.

Public Works and the California Tahoe Conservancy (Conservancy) have worked closely through the design, permitting, and property acquisition effort to complete the 100% PS&E bid documents. The Conservancy has strongly supported the Tahoe Valley project by assisting with acquiring required license agreements to occupy State-owned property for water quality treatment sites and recreational use within the Greenbelt area.

Conservancy support includes awarding a $375,000 Proposition 68 grant for engineering design and preacquisition expenses. In March 2022, the Conservancy Board approved a $550,000 Proposition 1 implementation grant which will be applied to the Phase 2 construction budget following the execution of the grant agreement. Tahoe Valley, Phase 2, is scheduled to bid in the spring of 2023, and construction will be completed by mid-October 2023, depending on the availability of implementation funding.

Issue and Discussion: The Conservancy has purchased several properties within the Tahoe Valley project area that were incorporated into the water quality treatment and recreational access elements provided to the public. A late addition to Conservancy property purchases is the parcel located at the southwesterly corner of 4th Street and Lake Tahoe Blvd. Previously occupied by the Urgent Care medical facility, the Conservancy demolished the old building structure and removed the paved parking area.

The Urgent Care parcel and the adjacent Conservancy-owned parcel to the west are primely located for the addition of water quality treatment improvements at the lower end of the Greenbelt area. However, the engineering design work needed for the additional water quality improvements is not included within the 73 Council Agenda Report October 4, 2022 Page 2 of 2
existing Professional Services Agreement (PSA) Scope of Work with Cardno. Amendment No. 6 will broaden the Scope of Work within the current PSA to include the work necessary to add the Urgent Care parcel to the Tahoe Valley, Phase 2 PS&E bid documents.

Financial Implications: A review of the Tahoe Valley budget indicates an uncommitted and available engineering design funding balance of $22,052.91 within the Engineering Design (301-40030-48020) budget. Amendment No. 6 to the Cardno PSA proposes an additional $21,770 engineering design budget to compensate Cardno for the increased Scope of Work. The attached PSA amendment includes the expanded Scope of Work and corresponding fees.

Environmental Considerations: Adding the Urgent Care parcel to the Project will require an amendment to the approved CEQA MND. The Conservancy has committed to completing the CEQA MND amendment and has scheduled the adoption by the Conservancy Board at their December Board meeting.

The current action (approving the amendment to the Cardno agreement) is statutorily exempt from CEQA under CEQA Guidelines 15262 (feasibility and planning studies).

Policy Implications: Completing project improvements will assist with meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section 50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation). The Project advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.4 (Transportation) to prioritize implementation of mixed-use recreational trails and Class 1 bike trails and closing gaps in the bicycle trail system.  Action Item 2.3 (Connectivity) to facilitate implementation of trail infrastructure prioritizing the connection of bicycle and walking trails, from neighborhoods near the Greenbelt to the South Y commercial area and beyond.
 Action Item 5.3 (Infrastructure and Maintenance) by actively seeking funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list. 74 South Y
Tahoe Valley Storm Water
Improvement Project Area Map
Department of
Public Works -
Engineering Division
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AMENDMENT No. 6 TO PROFESSIONAL SERVICES AGREEMENT
The Professional Services Agreement (C-007-2020) entered into on January 14, 2020, between the City of South Lake Tahoe, a municipal corporation (“CITY”) and Cardno (“CONSULTANT”) is hereby amended as set forth below.

Paragraph 1 of the Professional Services Agreement is hereby amended to add the following:

1. In addition to the Scope of Services specified within the original Professional Services Agreement, dated January 14, 2020, and Amendment Nos. 1, 2, 3, 4 and 5 (C-079-2020, C-007-2021, C-081-2021, C-034, 2022, C-037-2022) this Sixth Amendment to the Agreement adds the work described within Exhibit D, Scope of Services & Compensation attached hereto and incorporated herein by reference.

2. Compensation. Compensation to be paid to the CONSULTANT, as defined within the original Agreement and as augmented by Amendment Nos. 1, 2, 3, and 4 is hereby increased with this Amendment No. 6 by the sum of $22,750.00 as described within Exhibit D, Scope of Services & Compensation attached hereto. In no case shall CONSULTANT compensation for work completed under this Agreement exceed the amended Agreement amount of $736,350.00 plus the additional fee of $22,750.00 for an amended total fee of $759,100.00 without written authorization from the CITY. Payment by the CITY under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the CITY at the time of payment.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 6 to Agreement to be executed on ______________ , 2022.

CITY OF SOUTH LAKE TAHOE CONSULTANT
By: __________________________ By: __________________________ Devin Middlebrook, Mayor Stephen Peck
Senior Consultant/Principal
Business License # 0080171
APPROVED AS TO FORM: ATTEST:
_____________________________ __________________________ Heather Stroud, City Attorney Susan Blankenship, City Clerk 77 EXHIBIT D
AMENDMENT No. 6 TO PROFESSIONAL SERVICES AGREEMENT

SCOPE OF SERVICES AND COMPENSATION
The Professional Services Agreement entered into on January 14, 2020 between the City of South Lake Tahoe, a municipal corporation (“City”) and Cardno (“Consultant”) is amended to include additional scope of services as described below. The City authorized amendment to the base agreement includes additional project permitting, and property acquisition services.

Pursuant to the project tasks identified in the professional services base agreement, between City and Consultant, the following selected tasks/scope of services is included with the project work.

Note all project tasks listed for clarity.

Task 1 Project Management, Meetings, and Public Outreach  NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 2 Supplemental Site Surveying and Basemap Updates
 ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $5,770 o Subtask 2.e CTC Parcel Add (4th/Barton) Supplemental Topo Survey / Basemap Updates Subtask 2.e CTC Parcel Add (4th/Barton) Supplemental Topo Survey / Basemap Updates
The addition and incorporation of Parcel (APN 023-241-022; 2130 Lake Tahoe Blvd) to the Project, located northwesterly of 4th Street/Barton Avenue intersection, requires supplemental topographic survey and project basemap updates.

Cardno has teamed with R.E.Y Engineers, Inc. to provide topographic land surveying for the Project.

Supplemental survey data will be incorporated with the overall Project basemap for design purposes.

Survey will include ties to previous control points, and field data collection of terrain/topography, visible surface utilities and hard features, pole lines, fences, trees, plus surface pavements and walkways, curb/gutter and drainage, and edge features of adjacent roadways for connectivity of adjacent facilities.

Task 2.e Deliverables:
> Electronic files of survey data field points in Autodesk Civil3D format (California State Plane Coordinate System Zone 2, NAD83 for horizontal, and NAVD88 for elevation) > Updated Project basemap in Autodesk Civil3D format
Task 2.e Assumptions:
> Survey excludes full boundary resolution or preparing Record of Survey Task 3 Permitting
 ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $1,770 78 o Subtask 3.h CTC Parcel Add (4th/Barton) Consult Support for CEQA Amendment Subtask 3.h CTC Parcel Add (4th/Barton) Consult Support for CEQA Amendment The addition and incorporation of Parcel (APN 023-241-022; 2130 Lake Tahoe Blvd) to the Project, located northwesterly of 4th Street/Barton Avenue intersection, changes the Project Area of Potential Effect, and may require amendment to the Project CEQA document.

Cardno will provide limited consult to the City and California Tahoe Conservancy (CTC) for possible amendments to the Project CEQA document.

Task 3.h Deliverables:
> None
Task 3.h Assumptions:
> City and CTC are responsible for all work associated with any CEQA Amendments. > Cardno technical staff will be available for consult to provide technical guidance to the City and CTC.

Task 4 60% Design Documents
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 5 90% Design Documents
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 6 100% Design Documents
 ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $10,760 o Subtask 6e. CTC Parcel Add (4th/Barton) Final Design Revisions, Phase 2 Project Subtask 6.e CTC Parcel Add (4th/Barton) Final Design Revisions, Phase 2 Project The addition and incorporation of Parcel (APN 023-241-022; 2130 Lake Tahoe Blvd) to the Project, located northwesterly of 4th Street/Barton Avenue intersection, requires engineering design and revisions to the Phase 2 Project plans, technical specifications, and cost estimates (PS&E).

Revisions and updates to the Project storm drainage system improvements in the vicinity of Barton Ave and 4th Street will incorporate the specified parcel, which is predominately identified as Stream Environment Zone (SEZ) land capability classification. Opportunities for SEZ restoration and additional storm water treatments are targeted for the specified parcel. Western Botanical Services (WBS) will assist Cardno with revegetation design elements to enhance SEZ restoration opportunities within the specified parcel.

Plan and profile sheets, storm drain pipelines, earthwork grading, and details will be addressed.

Updates to the final design package and bid documents (PS&E) for the Phase 2 project will be completed.

Task 6.e Deliverables:
79 > Updated Phase 2 final design package and bid documents –plans, special provisions and bid list/estimate
Task 6.e Assumptions:
> Design changes are anticipated for storm water system improvements only. No changes to the proposed Greenbelt trail system improvements are part of these design revisions.

Task 7 Hydrologic and Hydraulic Analysis
 ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $3,470 o Subtask 7.f CTC Parcel Add (4th/Barton) H&H Analysis Model Update Subtask 7.f CTC Parcel Add (4th/Barton) H&H Analysis Model Update The addition and incorporation of Parcel (APN 023-241-022; 2130 Lake Tahoe Blvd) to the Project, located northwesterly of 4th Street/Barton Avenue intersection, requires engineering design and revisions to the Project hydrologic and hydraulic (H&H) analysis.

Revisions and updates to the Project storm drainage system improvements in the vicinity of Barton Ave and 4th Street need to be evaluated and included with the overall Project H&H analysis. Previously targeted storm water quality improvements, pollution credits, and storm water system design parameters for flow routing, pipe sizing, and flood control impacts must be re-evaluated within the target parameters of the Project H&H analysis and modeling programs to incorporate the specified parcel into the Project storm water improvements and avoid unintended or negative downstream impacts to existing and proposed drainage systems.

Task 7.f Deliverables:
> Updated hydro/hydraulic modeling
> Technical Memo – summary of results, supplement to the previous Project H&H memo Task 8 Easement and Real Property Services
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 9 Bid Assistance (as directed, phase 1 project)
 NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 Task 10 Construction Support (as directed, phase 1 project)  NO ADDITIONAL WORK/SERVICES IDENTIFIED FOR THIS PROJECT TASK: $0.00 80 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 10
Agenda Item: Master Fee Schedule Amendment – General Plan, Community Plan, Area Plan, Plan Area Statement Amendments
Executive Summary: The City of South Lake Tahoe adopted Resolution 2022-029 on March 15, 2022, adopting the current City Fee Schedule which includes fees for Planning applications to amend the General Plan, Community Plans, Area Plans and Plan Area Statements. The recommended change would require a deposit of $8,855, and payment of the fully burdened staff cost along with any costs associated with consultant services to the City for processing these types of applications.

Requested Action / Suggested Motions: Pass a Resolution amending the Master Fee Schedule for General Plan, Community Plan, Area Plan, Plan Area Statement Amendments.

Responsible Staff Member: Hilary Roverud, Director of Development Services Responsible Staff Member: Hilary Roverud, Director of Development Services (530) 542-6024 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report
02-Resolution
81 Council Agenda Report October 4, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Master Fee Schedule Amendment – General Plan, Community Plan, Area Plan, Plan Area Statement Amendments
Location: Citywide
Responsible Staff Member: Hilary Roverud, Director of Development Services Background: The City of South Lake Tahoe adopted Resolution 2022-029 on March 15, 2022 adopting the current City Master Fee Schedule which includes fees for Planning applications to amend the General Plan, Community Plans, Area Plans and Plan Area Statements. The Master Fee Schedule currently includes a flat rate application fee of $8,855 for these types of applications.

Issue and Discussion: General Plan, Community Plans, Area Plans and Plan Area Statement Amendments can range from minor development standard modifications to significant policy or zoning changes. Depending on the nature of the proposed amendment, the amount of City staff time and resources that are required to process them varies significantly, especially with respect to the appropriate amount of public outreach and engagement.

An amendment to the City Master Fee Schedule is recommended to ensure that application fees associated with these types of applications reflect the varying amount of City resources used to provide the service. The recommended change would require a deposit of $8,855, equal to the current application fee, and payment of the fully burdened staff cost along with any costs associated with consultant services to the City for processing the application.

Application fees do not apply to plan amendments that are initiated by the City or, in the case of Community Plans, Area Plans, and Plan Area Statements, initiated by the Tahoe Regional Planning Agency.

Financial Implications: Application fees for General Plan, Community Plans, Area Plans and Plan Area Statement Amendments would more closely reflect the cost of City resources required to process them. An impact to City revenues is not expected given that some applications would be able to be processed for less that the current fee and others would required higher fees. These application fees are deposited into the Planning account (10003710 34006).

Environmental Considerations: The recommendation in this report is not a project under CEQA, because it does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(2) and 15378(b)(4) and is, therefore, not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).

Policy Implications: This recommendation is consistent with Strategic Plan Priority 5.5 “Fiscal Sustainability and Resiliency.
82 Resolution 2022-XXX October 4, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Amending Master Fee Schedule
(General Plan, Community Plan, Area Plan,
Plan Area Statement Amendments)

BACKGROUND
A. The City of South Lake Tahoe adopted Resolution 2022-029 on March 15, 2022 specifying the City Fee Schedule which includes fees for the Planning applications to amend the General Plan, Community Plans, Area Plans and Plan Area Statements.

B. The Master Fee Schedule currently includes a flat rate application fee of $8,855 for General Plan, Community Plan, Area Plan and Plan Area Statement amendment applications.

C. General Plan, Community Plan, Area Plan and Plan Area Statement amendment applications vary widely in their need for City staff resources to review, conduct public outreach, and process.

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

1. Does hereby amend the City of South Lake Tahoe Master Fee schedule to establish a City cost recovery fee for General Plan, Community Plan, Area Plan and Plan Area Statement amendment applications, effective immediately.

Planning Documents:

General Plan Amendment each Fully burdened hourly
staff cost and/or cost of
consultant - $8,855
deposit
Community Plan Amendment/Area
Plan/Plan Area Statement
each Fully burdened hourly
staff cost and/or cost of
consultant - $8,855
deposit
83 Resolution 2022-XXX October 4, 2022 Page 2 of 2
Adopted by the City of South Lake Tahoe City Council on , 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.
84 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 11
Agenda Item: Reimbursable Agreement with the Federal Aviation Administration for Flight Inspection on Runway 18
Executive Summary: The Federal Aviation Administration (FAA) completed Baffle installation on the Precision Approach Path Indicators (PAPI's), which are navigational aids for aircraft to land at Lake Tahoe Airport. These Baffle lenses will help eliminate the tree obstructions from the line of sight to help aircraft pick up the navigational aid with no issue. For this to become certified, the FAA requires the City to enter into a Reimbursable Agreement with FAA. This Reimbursable Agreement was executed and staff seeks ratification from City Council. The City funds used will be reimbursed by the FAA once the certification is completed.

Requested Action / Suggested Motions: Pass a Resolution Ratifying a Reimbursable Agreement with the Federal Aviation Administration (FAA) and approving budget appropriation of $20,196.00 for Flight Inspection of the Precision Approach Path Indicators (PAPI) on Runway 18.

Responsible Staff Member: John Dickinson, Airport Manager Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - FAA Reimbursable Agreement for Flight Inspection.docx 02-Resolution FAA Reimbursable Agreement for Flight Inspection of Runway 18.docx 03-FAA Agreement
85 Council Agenda Report- October 4, 2022
22020222021

City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Reimbursable Agreement with the Federal Aviation Administration for Flight Inspection on Runway 18
Location: Lake Tahoe Airport
Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6182 Background: The Federal Aviation Administration (FAA) completed Baffle installation on the Precision Approach Path Indicators (PAPI's), which are navigational aids for aircraft to land at Lake Tahoe Airport. These Baffle lenses will help eliminate the tree obstructions from the line of sight to help aircraft pick up the navigational aid with no issue. For this to become certified the City will have to enter into a Reimbursable Agreement with FAA to complete this flight check to certify the instrumentation.

Issue and Discussion: The Federal Aviation Administration under Title 49 § 106 (1)(6) can furnish services directly to the Lake Tahoe Airport since the FAA has the unique skills and capability to provide the services and can help advance the FAA’s mission to provide a reconfiguration flight inspection of the PAPI on Runway 18 (2 trips). The FAA will perform the scope of work through the FAA Flight Program Operations, Flight Management Group. The City will pay for the services; upon submission of the invoice. The FAA will reimburse the City once the flight check is completed.

Financial Implications: Authorize Finance Director to appropriate budget in account number 501 05130 Airfield Area as follows:

FAA Revenue 33112: $20,196
FAA Expense 42020: $20,196
Environmental Considerations: There are no other environmental implications associated with the project regarding discretionary approval by the City Council.

Policy Implications: FAA flight check needed to commission new lens modification and will document the certification of Airport instruction in compliance with FAA safety regulations. 86 Resolution 2022-XXX October 04, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Ratifying a Reimbursable Agreement with the Federal Aviation Administration (FAA) and Approving Budget Appropriation of $20,196 for Flight Inspection of the Precision Approach Path Indicators (PAPI) on Runway 18
A. The Public Works Director has executed an agreement with FAA Flight Program Operations for a scope of work to provide reconfiguration flight inspection of the Precision Approach Path Indicators (PAPI) on Runway 18 (2 trips), for which the Airport Manager requests ratification by City Council.

B. Federal Aviation Administration is authorized under Title 49 U.S.C. § 106(1)(6) to perform such services.

C. The Federal Aviation Administration will reimburse the City for the expenses incurred for the flight inspection in the amount $20,196.00.

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

1. Ratifies the execution of FAA Reimbursable Agreement Number AJF-ON-AAC-22-AC005435 in the amount of $20,196.00.

2. Authorizes revenue and reimbursable expense budget appropriations for the inspection in the amount of $20,196.00 into account number 501 05130, Airfield Area as follows:

FAA Revenue 33112: $20,196
Professional Services 42020: $20,196
Adopted by the City of South Lake Tahoe City Council on October 4, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date: _________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
87 88
89 90
91 92
93 94
9/15/2022
95 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 12
Agenda Item: Infill Infrastructure Grant (IIG) Program Application Letter of Support for the Sugar Pine Village Affordable Housing Project
Executive Summary: The IIG Program’s primary objective is to promote infill housing development. The Related Companies of California, LLC is the grant applicant. Staff recommends that the City Council approve a motion to authorize and direct the Mayor to sign a letter of support for Sugar Pine Village Phase 2A, Phase 1B, and Phase 2B with Related Companies of California LLC under the Super Notice of Funding Availability ("Super NOFA") for the IIG Program for an award amount of $8,961,500.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to sign a letter of support for Sugar Pine Village Phase 2A, Phase 1B, and Phase 2B with Related Companies of California LLC under the Super Notice of Funding Availability for the IIG Program for an award amount of $8,961,500.

Responsible Staff Members: Jessica Wackenhut Lomeli, Associate Housing Planner and Zach Thomas, Housing Manager
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Zach Thomas, Housing Manager
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report SuperNOFA IIG.docx
02-IIG Notice of Funding Availability.pdf
03-IIG Letter of Support.pdf
96 Council Agenda Report October 4, 2022 Page 1 of 4
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Infill Infrastructure Grant (IIG) Program Application for the Sugar Pine Village affordable housing project
Location: 1888 Lake Tahoe Boulevard and 1029 Tata Lane
Responsible Staff Member: Jessica Wackenhut Lomeli, Associate Housing Planner Zach Thomas, Housing Manager
Background: The Sugar Pine Village project is a proposed 248-unit affordable housing project, with onsite community service facilities on 11.6 acres of land owned by the State of California. This project is a result of the Governor’s Executive Order N-06-19, which directed the California Department of General Services (DGS) to identify excess state properties as potential affordable housing development sites. In July 2020, the California Tahoe Conservancy announced the State had selected Related Companies of California LLC in partnership with the St. Joseph Community Land Trust to construct and manage the Sugar Pine Village project.

Since June 2020, the City of South Lake Tahoe has been an active partner in the development of the project. As a first step of financial commitment, the City Council at its November 17th, 2020 meeting authorized a $566,629 loan for predevelopment costs (Resolution 2020-109) and a $1,250,000 loan to purchase banked land coverage at the airport (Resolution 2020-110). The loans were funded by Program Income from repayments of loans from the Redevelopment Agency (RDA) Low- and Moderate-Income Housing Fund and the City’s undesignated reserve fund, respectively. At its October 19, 2021 meeting the City Council also approved a $627,626 loan of HOME Program Income. This brings the City’s total commitment toward the project to $2,441,629.

In addition to direct City commitments, the City has partnered with Related Development to secure $17,359,470 in Affordable Housing and Sustainable Communities (AHSC) grant funds, $5,000,000 in Permanent Local Housing Allocation (PLHA) grant funding, $5,162,446 in HOME Investment Partnership Program funding (HOME), and $10,000,000 from Local Grant Matching Grant (LGMG).

Related California has also secured $20,000,000 in Multifamily Housing Program (MHP) funding and $3,195,900 in Infill Infrastructure Grant (IIG) funding so far in the financing phase of the project.

To date, approximately $40,000,000 in tax credits and grant applications have been applied for and secured using the City’s initial approximate $1.8 million commitment as a local match. 97 Council Agenda Report October 4, 2022 Page 2 of 4
Related California is phasing the financing and construction of the project into four phases. Phase 1A includes 68 residential units and is conducting site preparation this fall 2022. Phase 1B includes 60 units, Phase 2A 60 units and Phase 2B 60 units. The overall project also includes a community/property management building and a daycare/social services building.

The table below summarizes the financing strategy for the four phases and shows how the City contributions pair with other funding sources.

For Phase 1A of the project, the City’s commitment of $821,116 has already been leveraged to secure $40,476,328 in Federal Tax Credit Equity, State Tax Credit Equity, Multifamily Housing Program Funds, PLHA, and State Infill Infrastructure Grant (IIG) funds, a 49x multiple on committed funds. Site preparation and infrastructure work commenced in September 2022 and vertical construction of the 68 units will take place once building season commences in May 2023.

The Community Building was not built as part of Phase 1A in response to rapidly escalating costs and interest rates. These cost and rate increases came unexpectedly after the original award of tax-exempt bonds and 4% tax credits to the project. The original CDLAC application included a cost estimate from September 2021, prior to the CDLAC award in December 2021. The Community Building will be built as part of a later phase. Escalating construction costs are being experienced nationally throughout the affordable housing industry. The development team is proposing a temporary structure to provide residents access to activities and services that would otherwise be administered at the Community Building. This is a short-term solution while the team Source Phase 1A Phase 1B Phase 2A Phase 2B Total
City RDA Loan 566,629 - - 566,629
City Coverage Loan 254,487 995,513 1,250,000
HOME PI Loan 625,000 625,000
City Sources 821,116 625,000 995,513 - 2,441,629
Federal Tax Credit Equity 19,766,293 23,997,600 17,502,953 23,997,600 85,264,446 State Tax Credit Equity 5,722,864 6,765,714 10,759,258 2,750,475 25,998,311 Perm Loan 2,768,500 1,510,000 2,600,000 2,119,015 8,997,515 State MHP 12,127,500 7,448,016 - 9,800,000 29,375,516
State AHSC - - 10,551,967 10,551,967
State IIG 3,195,900 2,998,500 2,965,000 2,998,000 12,157,400 State PLHA 4,750,000 - - 4,750,000
State HOME - 5,162,446 - 5,910,614 11,073,060
State LGMG 5,638,066 4,304,935 9,943,001
Deferred Developer Fee 500,000 500,000 1,000,000
Leveraged Sources 54,469,122 47,882,276 49,184,113 47,575,704 199,111,215 Total Sources* 55,290,238 48,507,276 50,179,626 47,575,704 201,552,844 Committed Applied For Identified N/A
*with the exception of Phase 1A does not represent total development cost, just sources identified/applied for; as additional funding sources become available, there may be additional applications not listed here
98 Council Agenda Report October 4, 2022 Page 3 of 4
works to secure the financing necessary to build the permanent Community Building. This structure will satisfy all requirements through TCAC-CDLAC as well as HCD sources secured for the project. The proposed temporary structure will be reviewed for compliance with City land use and design standards through a Temporary Use Permit application. Related and the construction contractor are currently working to get updated pricing based on current market conditions for Phase 2A as well as the Community Building, which will allow for a clearer understanding of the financing needed to advance both this next residential phase as well as the construction of the Community Building.

For Phase 2A, The City’s commitment of $995,513 has been leveraged to secure $17,359,470 in State AHSC funds. In addition to the approximate $10,600,000 in project costs, this award includes approximately $2,000,000 for the construction of a new 782 KW solar system at the City’s Corp Yard and approximately $2,100,000 for complete street facilities on Tata Lane and approximately $2,000,000 for the purchase of two new buses serving the Capitol Corridor bus line.

This is a 17x multiple on the City’s commitment to Phase 2A to date, providing both affordable housing and funds for City infrastructure. Additional funding for Phase 2A is being identified as demonstrated above in the table.

HCD released the Multifamily Finance Super NOFA on June 16, 2022 to streamline four of HCD’s rental housing programs to align eligibility criteria, scoring and release of funds through a coordinated single application and award process. Infill Infrastructure Grant Program (IIG) is one of the grant programs and is for up to $160 million. Sugar Pine Village qualifies under the Small Jurisdiction Set Aside and Qualifying Infill (IIG) program. The IIG Grant Program requires a letter of support be submitted for the Qualifying Infill Project from the local governing body.

Issue and Discussion: The IIG program’s primary objective is to promote infill housing development and seeks to accomplish this objective by providing financial assistance for infrastructure improvements necessary to facilitate new infill development. The Related Companies of California, LLC is the applicant and has applied for funding Phase 2A ($2,965,000), Phase 1B ($2,998,500), and Phase 2B ($2,998,000).

It is recommended that the City Council approve a motion to authorize the Mayor to sign a letter of support for Sugar Pine Village Phase 2A, Phase 1B, and Phase 2B with Related Companies of California LLC under the Super NOFA for the IIG Program for an award amount of $8,961,500.

Financial Implications: Related Companies of California, LLC is the sole applicant for the Phase 2A, Phase 1B, and Phase 2B application and awarded funds would be provided directly to the developer from HCD.

Environmental Considerations: For projects that satisfy criteria specified by SB 35, the guidelines issued by HCD specify that the California Environmental Quality Act (CEQA) does not apply to actions taken by a local government to provide financial assistance to a development that receives streamlined approval and that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.

Policy Implications: The recommended action is consistent with the City Strategic Plan which identifies supporting the Sugar Pine Village Project as Action Item 1.3.2.

The recommended action is also consistent with the following adopted policies and programs:
99 Council Agenda Report October 4, 2022 Page 4 of 4
City General Plan Housing Element
Policy 1-1 The City shall adopt programs, ordinances, incentives, land use plans and other regulatory mechanisms that provide opportunities for the private sector to address the housing needs of citizens of all economic levels.

Policy 2-2 The City shall enable opportunities for deed-restricted affordable ownership housing to ensure long-term affordability.

Policy 2-5 The City shall recognize that it will become difficult to attract employees if they cannot afford to purchase or rent housing in South Lake Tahoe. The City shall encourage and support programs and activities that create a robust local economy that provides residents with good paying employment and the means to purchase and/or rent housing in the city.

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.

Program 2-6 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 (Conservancy) 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.

Tahoe Valley Area Plan
Policy H-1.1 – Housing Options
Provide for a range of housing options that include affordable, moderate-income, and workforce housing so that people can live and work in the City.

Policy H-1.5 – Redirection of Development
Direct high density residential development to areas of Tahoe Valley that are within walking distance of public transit and services.

Policy H-1.7 – Tahoe Livable Communities Program
Collaborate and support efforts of the California Tahoe Conservancy to remove blighted properties and repurpose associated development commodities. Encourage the use of residential commodities for affordable housing in Tahoe Valley area.

Policy H-2.1 – General
Encourage the creation of residential uses to support and add vitality to commercial and public service projects in the Tahoe Valley area.
100
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
June 16, 2022
MEMORANDUM FOR: POTENTIAL APPLICANTS
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: Infill Infrastructure Grant Program of 2019
Notice of Funding Availability for Small Jurisdiction
Set Aside and Qualifying Infill Areas
The California Department of Housing and Community Development (Department or HCD) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $160 million in funds available under the Infill Infrastructure Grant Program of 2019 (IIG-2019 or Program).

The primary goal of IIG-2019 is to promote infill housing development by providing financial assistance for Capital Improvement Projects (Capital Improvement Projects or CIP) that are an integral part of, or necessary to facilitate the development of, a Qualifying Infill Project (Qualifying Infill Project or QIP) or a Qualifying Infill Area (Qualifying Infill Area or QIA). Under the Program, grants are available as gap funding for infrastructure improvements necessary for specific residential or mixed-use infill development projects or areas.

Application materials must be submitted electronically via the Financial Assistance Application Submittal Tool (FAAST) system, available online at https://faast.waterboards.ca.gov as follows:

Small Jurisdictions
(QIAs and QIPs)
Over-the-Counter applications
accepted August 25, 2022 through
September 22, 2022*
Large Jurisdictions
(QIAs only) August 25, 2022
*if funds remain after the September 22, 2022 closing date, the Department will reopen the NOFA for a subsequent round of OTC applications.

Regarding the applications from Small Jurisdictions, the Department will begin accepting applications and awarding funding on a first-come, first-served basis beginning August 25, 2022, until September 22, 2022 (or such time as the Department has received enough eligible applications to reasonably use all the available funds, whichever occurs first).
101
Infill Infrastructure Grant Program of 2019
Notice of Funding Availability

The FAAST portal application upload and submittal instructions will be released with the application documents. HCD will no longer accept hardcopy submittals. Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted.

The NOFA application, online workshop details, and IIG-2019 Guidelines are posted on HCD’s website at https://www.hcd.ca.gov/infill-infrastructure-grant. The NOFA application will be available and posted to the website no later than June 30, 2022. To receive information regarding online workshops and other updates, please subscribe to the HCD email list at https://www.hcd.ca.gov/i-am/sub_email.shtml.

If you have further questions, please contact [email protected].

Attachment
102

INFILL INFRASTRUCTURE GRANT
PROGRAM OF 2019
2022 Notice of Funding Availability
Small Jurisdiction Set Aside and
Qualifying Infill Areas
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: https://www.hcd.ca.gov/grants-funding/active-funding/iigp.shtml Email: [email protected]
June 16, 2022
103
Table of Contents
I. Overview................................................................................................................................1 A. Notice of Funding Availability................................................................................................................1 B. Timeline ...............................................................................................................................................2 C. Authorizing Legislation, Regulations, and Guidelines..............................................................................2 II. Program Requirements........................................................................................................3 A. Eligible Applicants.................................................................................................................................3 B. Eligible Use of Funds.............................................................................................................................5 C. Program Funding Amounts and Terms...................................................................................................5 D. Site Control...........................................................................................................................................8 E. Geographic Distribution of Funds and Use of Discretionary Funds..........................................................9 F. Funding Limits ....................................................................................................................................11 G. Threshold ...........................................................................................................................................12 H. Scoring and Ranking: Qualifying Infill Areas in Large Jurisdictions.........................................................12 I. Negative Points and Disencumbrance Policies .....................................................................................13 III. Application Submission and Review Procedures ...........................................................13 A. Application Submission Process...........................................................................................................13 B. Electronic Submission .........................................................................................................................13 C. Application Workshops and Pre-Application Consultation....................................................................14 D. Disclosure of Application.....................................................................................................................14 E. Concurrent Applications......................................................................................................................14 F. Prior Awards.......................................................................................................................................15 G. Significant Changes in Project After Application...................................................................................16 IV. Scoring Criteria for Large Jurisdiction QIA only .............................................................16 A. Summary............................................................................................................................................16 B. Extent to which the project serves households at the lowest income levels (30 points maximum).........16 C. State Policy Priorities (7 points maximum)...........................................................................................19 D. Project Sponsor/Applicant and Property Management Experience (20 points maximum) .....................20 E. Project Readiness (20 points maximum, negative 5 points maximum)..................................................25 F. Adaptive Reuse / Infill / Proximity to Amenities / Sustainable Building Methods (21 points maximum) 28 G. Cost Containment (5 points maximum)................................................................................................31 H. Prohousing Policies (5 points maximum) .............................................................................................32 I. Tie-breaker Score................................................................................................................................34 V. Appeals................................................................................................................................34 A. Basis of Appeals..................................................................................................................................34 B. Appeal Process and Deadlines.............................................................................................................35 C. Decision..............................................................................................................................................35 VI. Award Announcements and Contracts.............................................................................35 A. Award Announcements.......................................................................................................................35 B. Contracts............................................................................................................................................35 VII. Other State Requirements ................................................................................................36 104
A. Compliance with California’s Housing Element Law..............................................................................36 B. Article XXXIV ......................................................................................................................................36 C. California’s Preservation Notice Law....................................................................................................37 D. Relocation ..........................................................................................................................................37 VIII. Other Terms and Conditions.........................................................................................37 A. Right to Modify or Suspend.................................................................................................................37 B. Conflicts .............................................................................................................................................37 105
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 1 I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department or HCD) is pleased to announce the initial release of this Infill Infrastructure Grant Program of 2019 (IIG-2019) Notice of Funding Availability (NOFA) for approximately $160 million in funds. IIG provides grant assistance available as gap funding for infrastructure improvements necessary for specific residential or mixed-use infill development projects. Under IIG, eligible infrastructure improvements are referred to as Capital Improvement Projects, which are an integral part of, or necessary to facilitate the development of, a Qualifying Infill Project or Qualifying Infill Area.

This NOFA will provide financial assistance to nonprofit or for-profit Developers, cities, counties, or public housing authorities for Capital Improvement Projects in support of:
• Qualifying Infill Areas in Small Jurisdictions (for which funding will be allocated through an Over-the-Counter process)
• Qualifying Infill Projects in Small Jurisdictions (for which funding will be allocated through an Over-the-Counter process)
• Qualifying Infill Areas in Large Jurisdictions (for which funding will be allocated through a competitive process, based on the merits of the individual applications) Small Jurisdiction is defined as a county with a population of less than 250,000 as of January 1, 2019, or any city within that county, pursuant to Health and Safety Code Section 53559.1 (amended by Stats. 2020, ch. 192 (AB 434)).

Large Jurisdiction is defined as any county that is not a Small Jurisdiction.

Funding for this NOFA is provided by the General Fund (as appropriated in the 2021 Budget Act):

Where practical, IIG-2019 was aligned with AB 434 programs for consistency and expediency. Nevertheless, the IIG-2019 Guidelines maintain the distinctive features of the Program by establishing Program-specific threshold criteria and other Program-specific provisions.

IIG-2019
Approximate
Funding
Available
Small Jurisdictions (QIA and QIP) $90 million
Large Jurisdictions (QIA only) $70 million
Total NOFA funds available: $160 million
106
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 2 B. Timeline
Small Jurisdictions:

NOFA Release June 16, 2022
Application Release June 30, 2022
NOFA Application Portal
(FAAST) Opens August 25, 2022
Application Period*
(Over-the-Counter)
Between August 25, 2022 and
September 22, 2022 by 4:00 p.m. PDT
Award Announcements Ongoing
*This cutoff is necessary to coordinate application submittals under this NOFA with applications submitted under the Multifamily Super NOFA as described in Section III.E below. If funds remain after the September 22, 2022, closing date, the Department will reopen the NOFA for a subsequent round of OTC applications.

Large Jurisdictions:

NOFA Release June 16, 2022
Application Release June 30, 2022
NOFA Application Portal
(FAAST) Opens June 30, 2022
Application Due Date August 25, 2022 by 4:00 p.m. PDT
Award Announcement December, 2022
C. Authorizing Legislation, Regulations, and Guidelines Applications submitted under this NOFA are subject to the Infill Infrastructure Grant Program of 2019 Guidelines (IIG-2019 Guidelines), dated March 30, 2022, and as published on the Department’s website at https://www.hcd.ca.gov/super-nofa-finalprogram-guidelines, all applicable statutory requirements, and this NOFA. Section references in this NOFA refer to IIG-2019 Guidelines unless otherwise noted.

Capitalized terms in this NOFA are either defined herein or in the IIG-2019 Guidelines. The IIG-2019 Guidelines and NOFA are available on the IIG website at https://www.hcd.ca.gov/infill-infrastructure-grant.

The administration of IIG-2019 is governed by the IIG-2019 Guidelines that implement, interpret, or make specific the requirements set forth in Health and Safety Code Sections 53559, 53559.1, and 53599.2. IIG-2019 was established by 107
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 3 Part 12.5 (commencing with Section 53559) of Division 31 of the Health and Safety Code.

The IIG-2019 Guidelines create two separate rating components to which the Department will dedicate a specified amount of funds:

1. Qualifying Infill Areas in Large Jurisdictions.
a. For Qualifying Infill Areas in Large Jurisdictions, funds will be allocated through a competitive process, based on the merits of the individual applications;
b. Applications shall be rated using the Scoring Criteria outlined in Section IV (“Scoring Criteria”) below. The Scoring Criteria includes the following scoring categories: extent to which the project serves households at the lowest income levels, state policy priorities, project Applicant and property manager experience, project readiness, adaptive reuse/infill/proximity to amenities, sustainable building methods, and cost containment, and Prohousing Policies.

2. Qualifying Infill Projects and Qualifying Infill Areas in Small Jurisdictions. a. Applications for Qualifying Infill Projects and Qualifying Infill Areas in Small Jurisdictions will be accepted and evaluated for threshold requirements and eligibility on a continuous basis via an Over-the-Counter (OTC) process; II. Program Requirements
**The information provided below is a summary of the programmatic requirements detailed in the IIG-2019 Guidelines. All applicants are encouraged to read the IIG-2019 Guidelines in their entirety prior to applying. **
A Project is not eligible for an award unless it meets all the threshold requirements of IIG-2019. All Applicants are encouraged to review the IIG-2019 Guidelines Sections 200 (“Eligible Capital Improvement Projects”) and 202 (“Threshold Requirements”) for complete information.

Further, applications from Large Jurisdictions applying for a Qualifying Infill Area must achieve a minimum point score of 90 points in Scoring Criteria to be considered for a funding award. Please review the IIG-2019 Guidelines Section 402 (“Application Scoring and Selection Criteria”) and Section IV (“Scoring Criteria”) below for complete information on application scoring.

A. Eligible Applicants

1. Eligible Applicants shall be one of the following:
108
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 4 a. A city, county, city and county, or public housing authority that has jurisdiction over a Qualifying Infill Area, or
b. A nonprofit or for-profit Developer of a Qualifying Infill Project that has received a letter of support from the governing body of the city, county, or city and county that has jurisdiction over a Qualifying Infill Project. The Department must receive the letters of support within 60 days of the application submittal.

For purposes of this paragraph, “governing body” means a city council or a board of supervisors of a county or city and county. A nonprofit or for-profit Developer may include a Tribally Designated Housing Entity that is the Developer of a Qualifying Infill Project.

For the purpose of Section 201, “public housing authority” shall be interpreted to include Tribally Designated Housing Entity as defined at 25 USC 4103 (22).

For additional experience and capacity requirements please see Section 201 (“Eligible Applicant”) of the IIG-2019 Guidelines.

2. Definition of Small Jurisdictions and Large Jurisdictions Based on the Department of Finance provided provisional population and housing estimates for the state, counties, and cities dated January 1, 2019. (E-5 Population and Housing Estimates for Cities, Counties, and the State – January 1, 2011-2019), the following counties meet the eligibility criteria of Small and Large Jurisdictions:
a. Small Jurisdictions - The report identified the following counties as having less than 250,000 residents. As such, these counties meet the eligibility criteria of a Small Jurisdiction:

Alpine Kings San Benito
Amador Lake Shasta
Butte Lassen Sierra
Calaveras Madera Siskiyou
Colusa Mariposa Sutter
Del Norte Mendocino Tehama
El Dorado Modoc Trinity
Glenn Mono Tuolumne
Humboldt Napa Yolo
Imperial Nevada Yuba
Inyo Plumas
Counties that are not included qualify for Large Jurisdictions and are found below.
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California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 5 b. Large Jurisdictions
The report identified the following counties as having 250,000 or more residents. As such, these counties meet the eligibility criteria of a Large Jurisdiction:

Alameda Sacramento Sonoma
Contra Costa San Bernardino Stanislaus
Fresno San Diego Tulare
Kern San Francisco Ventura
Los Angeles San Joaquin
Marin San Luis Obispo
Merced San Mateo
Monterey Santa Barbara
Orange Santa Clara
Placer Santa Cruz
Riverside Solano
B. Eligible Use of Funds
To be eligible for funding, a Capital Improvement Project must be an integral part of or be necessary to facilitate the development of a Qualifying Infill Project or a Qualifying Infill Area. In addition, eligible Projects must meet the requirements set forth in Section 200 (“Eligible Capital Improvement Projects”) of IIG-2019 Guidelines.

IIG funds shall be used only for approved eligible costs that are incurred on the Capital Improvement Projects as set forth in the Guidelines Section 203 (“Eligible Use of Funds”). In addition, the costs must be necessary and consistent with the lowest reasonable cost consistent with the Project's scope and area as determined by the Department.

C. Program Funding Amounts and Terms

1. Funding Limits
Qualifying
Infill
Project
Minimum Award $1 million
Minimum Award (Rural Areas) $500,000
Maximum Award $7.5 million
Qualifying
Infill
Areas
Minimum Award $2 million
Minimum Award (Rural Areas) $1 million
Maximum Award $30 million
Over the life of the IIG program (to include the Infill Incentive Grant Program of 2007, the Infill Infrastructure Grant Program of 2019, and any future iterations of the Program), the total of all Program Awards for any single Qualifying Infill Project or Qualifying Infill Area shall not exceed $60 million. 110
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 6

2. Grant Calculation
Pursuant to Section 205 (“Grant Terms and Limits”) of the IIG-2019 Guidelines, the total grant amount shall be determined by the number of Units in the Qualifying Infill Project or the Qualifying Infill Area, the bedroom count of these Units, and the density and affordability of the housing to be developed. The total eligible grant amount shall be based upon the lesser of the amount necessary to fund the Capital Improvement Project or the maximum amount permitted by the IIG Grant Amount Calculation table, whichever is less. See the IIG Grant Amount Calculation table below.
*Increase based on December Consumer Price Index at
https://data.bls.gov/pdq/SurveyOutputServlet?data_tool=dropmap&series_id=CUUR0400SA0,CUU per U.S. Bureau of Labor Statistics (BLS).

Grant amounts established by the IIG Grant Amount Calculation table may be increased based on proposed housing Units per acre, as represented in the following Net Density Adjustment Factor table below:

1 Increase based on December Consumer Price Index per U.S. Bureau of Labor Statistics (BLS). 2 200 percent Fair Market Rent (FMR) Unit: A 200 percent FMR Unit is a rental unit with a proposed monthly rent, which is equal to or greater than 200 percent of its county’s FMR as defined by HUD. 3 IIG Unrestricted: An unrestricted unit for the purposes of calculating grant amounts in IIG is any unit not restricted at the other levels identified in IIG-2019 Guidelines Definition section, but also not meeting any of the above definitions.

IIG Grant Amount Calculation
(Amounts1 are represented on a per unit basis)
Income Level & Tenure 0-Bdrm 1-Bdrm 2-Bdrm 3-Bdrm 4-Bdrm 200% FMR2 or exceeds
CALHFA Sales Prices $4,000 $8,000 $11,900 $15,900 $19,900 Program Unrestricted3 $26,500 $30,500 $35,400 $43,700 $47,700 Moderate Income Owner $30,500 $34,400 $41,100 $49,000 $52,900 Low Income Owner $34,400 $38,400 $46,300 $54,200 $59,600 60% AMI Rental $34,400 $38,400 $46,300 $54,200 $59,600
50% AMI Rental $39,800 $45,000 $51,600 $62,100 $66,200
30% AMI Rental $46,300 $49,000 $55,600 $71,500 $75,400
111
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 7 Net Density Adjustment Factor
Net Density
(Housing units per acre)
Adjustment
Factor
Fewer than 45 1
45 – 49.9 1.04
50 – 54.9 1.08
55 – 59.9 1.12
60 – 64.9 1.16
65 – 69.9 1.20
70 – 74.9 1.24
75 – 79.9 1.28
80 – 84.9 1.32
85 – 89.9 1.36
90 – 94.9 1.40
95 – 99.9 1.44
100 – 104.9 1.48
105 and above 1.52

3. Award Terms
Grant terms will be outlined in the Standard Agreement.

The terms of the award are set forth in the Performance Deadlines subsection of this NOFA below.

There shall be a Covenant recorded against the fee interest of the real property site(s) of the Qualifying Infill Project or Qualifying Infill Area. This Covenant shall impose development, use, and affordability restrictions upon the real property.

The Covenant shall be binding, effective and enforceable commencing upon its execution and shall continue in full force and effect for a period of not less than 55 years for Rental Housing Developments (or 30 years for Homeownership Housing Developments) after a certificate of occupancy or its equivalent has been issued for the Affordable Housing Development by the local jurisdiction or, if no such certificate is issued, from the date of initial occupancy of the Affordable Housing Development.

Where the Qualifying Infill Project or Qualifying Infill Area is receiving low-income housing tax credits, the Recipient may provide Program funds to the Sponsor of the Qualifying Infill Project in the form of a zero percent deferred payment loan, with a term of at least 55 years. The loan may be secured by a deed of trust, which shall be subordinate to all Department loan and grant documents, and which may be recorded with the local county recorder’s office, provided the beneficiary of the loan shall not under any circumstances exercise any remedy, including, without limitation, foreclosure, under the deed of trust without the prior 112
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 8 written consent of the Department, in its sole and absolute discretion.

Additional requirements are set forth in Section 205 (“Grant Terms and Limits”) of the IIG-2019 Guidelines.

4. Performance Deadlines
a. The Qualifying Infill Project shall complete construction of the housing units which were used as the basis for calculating the Program Award within three years of securing all permanent financing commitments. Completion of construction must be evidenced by a certificate of occupancy or equivalent documentation submitted to the Department.
b. Program funds must be disbursed by the liquidation date of June 30, 2026.

The Recipient must submit final disbursement requests no later than March 31, 2026.
c. In addition, all Recipients will be subject to the Department’s Disencumbrance Policy. The Disencumbrance Policy, Administrative Notice Number 2022-02 dated March 30, 2022, and as published on the Department’s website at https://www.hcd.ca.gov/grants-and-funding, is hereby incorporated by this reference to the IIG-2019 Guidelines as if set forth in full herein, and shall apply with equal force as all other provisions set forth herein. Failure to deliver the Project as approved by the Department within applicable timeframes is also a basis for negative points assessment under the Negative Points Policy Section 102(e).

D. Site Control
The Qualifying Infill Project, Qualifying Infill Area, and Capital Improvement Project shall comply with the site control requirements as set forth in UMR Sections 8303 and 8316, with the additional requirements that the Applicant shall demonstrate site control at the time of application and shall maintain site control throughout the term of the Award, as stated in the IIG-2019 Guidelines and this NOFA.

1. The following additional requirements shall apply to Qualifying Infill Projects and Qualifying Infill Areas:
a. Where site control is in the name of another entity, the Applicant shall provide documentation, in form and substance reasonably satisfactory to HCD (e.g., a purchase and sale agreement, an option, a leasehold interest/option, a disposition and development agreement, an exclusive right to negotiate with a public agency for the acquisition of the site), which clearly demonstrates that the Applicant has some form of right to acquire or lease the project property (e.g., the entity’s organizational documents, a purchase and sale agreement, an option, an assignment).
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California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 9 b. Where site control will be satisfied by a long-term ground lease, the Department will require the execution and recordation of the Department’s form lease rider, which shall be entered into by and among the ground lessor, the ground lessee, the Department, and any other applicable parties. In all cases, the lease rider shall be recorded against the fee interest in the project property.

2. The following shall apply to offsite work proposed for Capital Improvement Projects and shall be evidenced prior to the disbursement of Program funds:
a. Recipient/Sponsor shall have a right of way or easement, which is either perpetual, or of sufficient duration to meet Program requirements, and which allows the Recipient and/or Sponsor to access, improve, occupy, use, maintain, repair, and alter the property underlying the right of way or easement; and
b. Recipient/Sponsor shall have an executed encroachment permit for construction of any improvements or facilities within the public right of way or on public land.

3. For Qualifying Infill Projects and Capital Improvement Projects developed in Indian Country, the following exceptions to the foregoing requirements apply:
a. Where site control is a ground lease, the lease agreement between the Tribal Entity and the Sponsor/project owner is for a period not less than 50 years; and
b. An attorney’s opinion regarding chain of title and current title status is acceptable in lieu of a title report.

E. Geographic Distribution of Funds and Use of Discretionary Funds

1. Geographic Distribution of Funds: Large Jurisdictions Only To the extent possible, the Department will target 48 percent of the total funds to Projects in Southern California, 32 percent to Northern California, and 10 percent to Projects in Rural areas. Ten (10) percent shall not be subject to a specific geographic distribution. In its sole discretion, HCD may determine the geographic distribution targets have been met based either on individual Program funding components or on the amount of total funds awarded under this NOFA.
a. For the purpose of geographic distribution, "Rural" is defined to be consistent with the definition used by the Tax Credit Allocation Committee (TCAC) for the tax credit program. A list of Rural areas, as well as the 114
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 10 methodology to determine Rural or Non-Rural status, can be found on TCAC's website at https://www.treasurer.ca.gov/ctcac/ and in the 2022 Methodology for Determining Rural Status of Project Site for 2021 Applications Memo at https://www.treasurer.ca.gov/ctcac/2022/ruralstatus.pdf.

Geographic Distribution
(Large Jurisdictions only)
Northern
Alameda, Contra Costa, Fresno, Marin,
Merced, Monterey, Placer,
Sacramento, San Francisco, San
Joaquin, San Mateo, Santa Clara,
Santa Cruz, Solano, Sonoma,
Stanislaus, Tulare
32%
of NOFA
funds
Southern
Kern, Los Angeles, Orange, Riverside,
San Bernardino, San Diego, San Luis
Obispo, Santa Barbara, Ventura
48%
of NOFA
funds
Rural
A list of Rural areas, as well as the
methodology to determine Rural or
Non-Rural status, can be found on
TCAC's website at
https://www.treasurer.ca.gov/ctcac/ and
in the 2022 Methodology for
Determining Rural Status of Project
Site for 2021 Applications Memo at
https://www.treasurer.ca.gov/ctcac/202
2/rural-status.pdf.
10%
of NOFA
funds
Approximately ten (10) percent of the total NOFA funds for Large Jurisdictions shall be used to facilitate full gap funding of Projects pursuant to this NOFA and to award highest scoring Projects without regard to regional location goals. 115
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 11 F. Funding Limits
Use of multiple HCD funding sources on the same Assisted Units is permitted, subject to the following limitations. (For the purpose of identifying funding limits, Units used in the calculation of IIG grant amounts will be considered assisted):

1. The HCD Repeal of Stacking Prohibition of Multiple Department Funding Sources Memorandum, dated August 20, 2021, shall remain applicable. A maximum of four HCD funding sources comprised of no more than two development loans and two housing-related infrastructure grants may be used on a single project. Housing related infrastructure grants are those grants provided through the Affordable Housing and Sustainable Communities Program (AHSC) and include the following: Housing Related Infrastructure (HRI) grants, Transit-Oriented Development (TOD) Implementation Program - Infrastructure grants, Infill Incentive Grant Program of 2007 (IIG-2007), and Infill Infrastructure Grant Program of 2019 (IIG-2019).

2. Total HCD funding, including NOFA funds, shall not exceed the following percentages of the total development cost:
• 40 percent for projects utilizing 9 percent tax credits • 50 percent for projects utilizing 4 percent tax credits • 75 percent for projects not utilizing tax credits
For the purposes of calculating total HCD funding, all funding, inclusive of prior awards received, any funds awarded under this NOFA, and any applicable future HCD awards subsequent to any NOFA Award shall be considered.

All Department funding sources listed in the HCD Repeal of Stacking Prohibition of Multiple Department Funding Sources Memorandum, dated August 20, 2021, are applicable to the percentages of total development cost listed above. These Department funding sources include both loans and grants. This HCD-wide Department funding cap applies not only to 2022 NOFA Awards, but to all Department Awards.

At the sole discretion of the Director of HCD, funding levels in excess of the percentages above may be approved as exceptions to the limits if they uniquely advance state policy priorities. Examples include large development projects that include transformative community investments and advance climate goals through infill development, high density construction and proximity to transit.

To request an exception, the project Sponsor/Applicant must submit justification prior to their application under this NOFA. Exception requests will be evaluated on a first-come, first-served basis and it is in the Sponsor’s/Applicant’s interest to submit justification as early as possible. After justifications are submitted, a recommendation from staff will be made based upon the strength of evidence and offered to the Director's Office for consideration. If approved, Applicants must submit documentation of Department approval with any subsequent 116
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 12 Department applications for the applicable project. A form for outlining the justification of the exception request will be provided by the Department and require evidence of financial necessity.

G. Threshold
To be considered for Program funding, all Large Jurisdiction Qualifying Infill Area applications must include a Qualifying Infill Project, including those Qualifying Infill Projects used to establish the eligibility of a Qualifying Infill Area. This provision does not apply to Small Jurisdiction Qualifying Infill Area applications.

In addition, a Project is not eligible for an Award unless it meets all the threshold requirements of the Program. Please review the full list of threshold requirements set forth in IIG-2019 Guidelines Sections 200 (“Eligible Capital Improvement Projects”) and 202 (“Threshold Requirements”) for complete information, including the specific information on requirements for Small (see IIG-2019 Section 200(e)) and Large Jurisdictions (see IIG-2019 Section 200(d)).

H. Scoring and Ranking: Qualifying Infill Areas in Large Jurisdictions **Please note: Applications from Small Jurisdictions submitted in response to this NOFA are not subject to rating and ranking.**
Applications from Large Jurisdictions submitted in response to this NOFA will be rated based on the following criteria:

1. Scoring Overview
Qualifying Infill Project applications shall be rated based on the criteria set forth in Section 402 (“Application Scoring and Selection Criteria for Qualifying Infill Areas in Large Jurisdictions”) of the IIG-2019 Guidelines. For the purposes of the NOFA, the details of Scoring Criteria have been outlined in Section IV (“Scoring Criteria”) of this NOFA.

Applications that pass the initial threshold review will be scored using the Scoring Criteria outlined below. In the event of tied point scores, HCD shall rank tied applications based on three factors pursuant to the tie-breaker system detailed in the Scoring Criteria: the lowest weighted average affordability of all residential units, leverage of other funds, and cost containment.

Incomplete applications or others not expected to receive an Award of funds due to relatively low scores may not be fully evaluated.

2. Ranking Overview
Applications meeting all the threshold requirements of IIG-2019 and achieving a minimum point score of 90 points in Scoring Criteria will be considered for funding 117
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 13 pursuant to the process described below. Please note, however, that regional targets and set-asides will only be funded to the extent that eligible applications (those meeting all threshold requirements including minimum point score) exist. If the Department receives fewer eligible applications than funding available, any unawarded funds within the regional targets or set-asides may be used to fund remaining eligible applications based on ranked score.

I. Negative Points and Disencumbrance Policies
The Department’s Negative Points Policy (Administrative Notice Number 2022-01), dated March 30, 2022 and Disencumbrance Policy (Administrative Notice Number 2022-02), dated March 30, 2022 and published on the Department’s website at http://www.hcd.ca.gov/grants-and-funding, are hereby incorporated by this reference to this NOFA as if set forth in full herein, and shall apply with equal force as all other provisions set forth herein.

If the Recipient/Applicant is subject to a negative points assessment based on the criteria outlined in the Department’s Negative Points Policy or is determined to be ineligible for funding, HCD shall notify the Recipient/Applicant in writing in the initial point score letter.

III. Application Submission and Review Procedures
A. Application Submission Process
Applications must meet eligibility requirements upon submission. See Program Requirements above for eligible Applicants, eligible Projects, and eligible uses of funds. Applications that do not meet the filing deadline requirements will not be eligible for funding. Applications must be on HCD’s forms and cannot be altered or modified by the Applicant. It is the Applicant’s responsibility to ensure the application is clear, complete, and accurate. Excel forms must be submitted in Excel format, not a PDF document.

For application forms, visit the Department’s website at:
http://www.hcd.ca.gov/grants-and-funding.

B. Electronic Submission
Application materials must be submitted electronically via the Financial Assistance Application Submittal Tool (FAAST) system at https://faast.waterboards.ca.gov.

Original “wet signature” documents are no longer required or accepted. Applicants must submit all application materials to the FAAST system no later than 4:00 p.m. Pacific Daylight Time on September 22, 2022, for Small Jurisdictions and August 25, 2022, for Large Jurisdictions.
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California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 14 Requirements for uploading the NOFA application and required supporting documentation, including naming conventions, are described in the NOFA application instructions page. Do not modify naming conventions when uploading documents.

Over-the-Counter applications will be accepted beginning on the date set forth in this NOFA and reviewed on a first-come, first-served basis. Projects will be selected for Award based on order of submittal.

C. Application Workshops and Pre-Application Consultation HCD will conduct application workshops and/or webinars for the NOFA. Please visit the IIG-2019 website at https://www.hcd.ca.gov/infill-infrastructure-grant for the dates and registration information. Pre-application consultations are also available and can be requested by contacting [email protected].

D. Disclosure of Application
Information provided in the application will become a public record available for review by the public pursuant to the California Public Records Act (Gov. Code, § 6250 et seq.). As such, any materials provided are subject to disclosure to any person making a records request under this Act. HCD cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, social security numbers, personal phone numbers, and home addresses. By providing this information to HCD, the Applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request.

E. Concurrent Applications
Due to the unique circumstances of the current challenging funding environment, the Department will allow NOFA Applicants to pursue more than one funding scenario.

This means that a separate, concurrent application to other HCD program funding source(s) is permitted under this NOFA. These Applicants, however, MUST submit within each application a disclosure of all HCD applications under review or anticipated to be submitted. All anticipated applications with NOFAs subsequent to this NOFA application due date must be disclosed to NOFA staff no later than September 22, 2022. In addition, Applicants must notify NOFA Program staff via the NOFA mailbox at the time the second application is submitted ([email protected]).

In instances where such Applicants are competitive for an Award, the Department will also engage in consultation with Applicants to discern which funding scenario(s) are optimal for project feasibility while balancing cost containment. However, it is the Department’s intent to avoid any possibility of over-subsidizing.

In the absence of compelling reasons to do otherwise, HCD’s approach for NOFA Applicants will be to reduce the NOFA Award commensurately with any amounts awarded under another HCD program. The Department retains full discretion and 119
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 15 authority to determine which funding scenarios are optimal both from a projectspecific perspective, as well as policy perspective.

1. Multifamily Finance Super NOFA vs Stand-Alone IIG-2019 NOFA Qualifying Infill Project applications from Small Jurisdictions are eligible to apply under this NOFA as well as the Multifamily Finance Super NOFA (Super NOFA).

For Small Jurisdictions, application documents will be similar to minimize duplication of effort for those who wish to pursue both opportunities simultaneously. However, Applicants must indicate in both applications that they have entered into both the IIG-2019 and the Super NOFA competitions.

Furthermore, the financing structure and the Development Sources sheets of the Super NOFA and the stand-alone IIG-2019 NOFA applications must be identical. Any differences in proposed financing will result in disqualification from both Award opportunities. The Department strongly encourages Applicants to determine whether one program is a better fit for their project rather than duplicate applications (e.g., IIG-2019 Small Jurisdiction Over-the-Counter process requires 50 percent developed boundary, whereas IIG in the Super NOFA requires a 75 percent developed boundary). Projects that will require an Award of the Multifamily Housing Program (MHP), the Veterans Housing and Homelessness Prevention Program (VHHP), or the Joe Serna, Jr. Farmworker Housing Grant Program (FWHG or Serna) are encouraged to apply exclusively to the Super NOFA.

F. Prior Awards
Applicants seeking to substitute previously awarded funds, including but not limited to substitutions to increase the amount of an Award, must first withdraw their previous Award in writing and provide reasonable justification that the substitution is necessary to ensure project feasibility. A consultation with Department Program staff is required at the time of the withdrawal. Substitutions based solely upon Applicant preference or convenience will not be permitted. However, it is allowable for Applicants that wish to retain their previous Award to apply for another funding source available within this NOFA, so long as the previous Award is unmodified. In this case, the Department will also allow previously awarded projects to lower their proposed income targets from one application to the next, so long as the total unit count remains the same. The Department will restrict units to the lowest targeting across all awarded funds and will require projects awarded from a program with prioritized target populations to maintain the special population units (increasing target population and/or Restricted Units is permitted). However, for projects proposing a reduction to AMI levels on the unit mix, the awardee must engage with Program staff of their prior Award and 120
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 16 confirm the change does not impact project feasibility and would not cause a reduction in awarded funds pursuant to that program’s requirements.

G. Significant Changes in Project After Application
The Department will review and score based on information provided in the application. If there is a significant departure from the application, the Department may re-evaluate the project’s score, reduce the grant amount, or assign negative points to the Applicant.

IV. Scoring Criteria for Large Jurisdiction QIA only
A. Summary
The criteria detailed below and summarized in the following table shall be used to rate applications:

Point Score Criteria
(Used in project ranking separate from Threshold Review) Criterion Maximum Score Scoring Criteria
Extent to Which the Project Serves Households
at the Lowest Income Levels 30
State Policy Priorities 7
Project Sponsor / Applicant and Property
Management Experience 20
Project Readiness 20
Adaptive Reuse / Infill / Proximity to
Amenities / Sustainable Building Methods 21
Cost Containment 5
Prohousing Policies 5
Total Possible Points 108
B. Extent to which the project serves households at the lowest income levels (30 points maximum)
If a project includes both rental and ownership units, scores will be calculated separately for the rental portion of the project and the ownership portion of the project and then scaled proportionally to create one final score. For example, if 65 percent of the units in the project are rental units and 35 percent of the units in the project are ownership units, the rental units will receive one score (out of 30) based on the rating criteria for rental units and the ownership units will receive another score (out of 30) based on the rating criteria for ownership units. The final score for the project (out of 121
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 17 30) will be calculated by adding 65 percent of the rental score and 35 percent of the ownership score.

Applications will be scored based on the percentage of Restricted Units limited to various percentages of AMI, adjusted by household size, and as follows (please see different rating criteria for rental and ownership projects):

1. Rental Units
A maximum of 30 points will be awarded based on the Lowest Income Points Table below.

The “Percent of Area Median Income” or “AMI” category may be used only once.

For instance, 50 percent of Restricted Units at 50 percent of AMI cannot be used twice for 100 percent of units at 50 percent AMI and receive 25 points, nor can 50 percent of Restricted Units at 50 percent of AMI for 12.5 points and 40 percent of Restricted Units at 50 percent of AMI be used for an additional 10 points. However, the “Percent of Restricted Units” may be used multiple times.

For example, 50 percent of Restricted Units at 50 percent of AMI for 12.5 points may be combined with another 50 percent of Restricted Units at 45 percent of AMI to achieve the maximum points.

Point values that are only available to projects in Rural Areas are marked with an asterisk.
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California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 18 Lowest Income Points Table
Percent of Area Median Income (AMI)
Percent of
Restricted
Units
55% 50% 45% 40% 35% 30% 25% ≤20%
50% 5* 12.5* 16.9 17.5 18.75 30 30 30
45% 5* 11.25* 16.9 17.5 18.75 30 30 30
40% 5* 10 15 17.5 18.75 27.5 30 30
35% 4.4* 8.75 13.15 17.5 18.75 25 27.5 30
30% 3.75* 7.5 11.25 15 18.75 22.5 25 30
25% 3.15* 6.25 9.4 12.5 15.65 18.75 21.9 25
20% 2.5* 5 7.5 10 12.5 15 17.5 20
15% 1.9* 3.75 5.65 7.5 9.4 11.25 13.1 15
10% 1.25* 2.5 3.75 5 6.25 7.5 8.75 10
To receive any points in this category, at least 10 percent of the Restricted Units must be restricted to households with incomes not exceeding 30 percent of AMI.

Deeply Affordable Units under this paragraph (2) - those units with up to 30 percent AMI targeting - cannot be concentrated among a project’s smaller units.

They must be distributed proportionately across all unit sizes, or, alternately, more heavily represented among larger units. To ensure a proportional spread of deeply Affordable Units, at least 10 percent of the larger units in the project must be provided at 30 percent of AMI, as applicable. So long as the Applicant meets the 10 percent standard project-wide, the 10 percent standard need not be met among all the smaller units.
123
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 19 Example:
60 Total Units in project Required ELI Units (30% AMI)
18 three-bedroom 2 units
21 two-bedroom 3 units
21 one-bedroom 1 unit
Total (10%) 6 units
In projects that rely on renewable project-based rental assistance contracts to maintain Fiscal Integrity consistent with the targeted income limits (and associated tenant Rents), scores will be based on the applicable income and Rent limits.

2. Ownership Units
A maximum of 30 points will be awarded based on the criteria below:

Applications will be awarded points based on the percentage of units in the Qualifying Infill Projects within a Qualifying Infill Area restricted to occupancy by various income groups. Applications designating ownership units must utilize the scale set forth below. Where appropriate based on the mix of income groups, applications must demonstrate units affordable to Lower-Income groups are spatially integrated throughout the Qualifying Infill Projects within a Qualifying Infill Area.

Owner-occupied units shall be subject to a recorded Covenant with a duration of at least 30 years that includes either a resale restriction or a requirement for sharing equity upon resale. The following scale must be used for developments that include ownership units:
a. 0.15 points will be awarded for each percent of total units that are owneroccupied and restricted to occupancy by households with incomes not exceeding the Moderate Income limit.
b. 0.40 points will be awarded for each percent of total units that are owneroccupied and restricted to occupancy by households with incomes not exceeding the Lower Income limit.

C. State Policy Priorities (7 points maximum)

1. Projects located in a “High Resource” or “Highest Resource” Area as shown on the TCAC/HCD Opportunity Area Map (5 points)

An Applicant may choose to utilize the applicable census tract, or census block group, or resource designation from the TCAC/HCD Opportunity Area Maps in effect when the initial site control (pursuant to UMR Section 8303(a)) was obtained up to seven (7) calendar years prior to the application. 124
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 20

2. Public Excess Lands (2 points maximum)
Two (2) points will be awarded if a new construction project is located on a site selected under Executive Order N-06-19 to enter into a ground lease with the state to create affordable housing on excess state-owned property.

D. Project Sponsor/Applicant and Property Management Experience (20 points maximum)

1. Rental Units
NOTE: The Applicant’s experience will be evaluated in addition to Sponsor experience for housing development (Applicant and Sponsor may or may not be the same entity).
“Projects” as used in paragraphs (2) and (3) below means Rental Housing Developments of over ten (10) Affordable Units that are subject to a recorded Regulatory Agreement, or, in the case of housing on Indian Country, where federal United States Department of Housing and Urban Development (HUD) funds have been utilized in affordable rental developments. Points in paragraphs (2) and (3) will be awarded in the highest applicable category and are not cumulative. For points to be awarded in paragraph (3), an enforceable management agreement executed by both parties for the subject application must be submitted at the time of application.

By applying for and receiving points in these categories, Applicants certify that the property shall be owned and managed by entities with equivalent experience scores for the entire Regulatory Agreement period.

2. Development and Ownership Experience
Applications will be scored based on the number of subsidized rental housing projects (including tax credit projects) that the Sponsor/Applicant has completed and operated and whether the Sponsor/Applicant is subject to penalties pursuant to paragraph (4) below.

For completed projects, a Sponsor/Applicant may include the experience of its controlled affiliated entities or its principals (e.g., employed by, and under the control of the Sponsor/Applicant and responsible for managing development activities), but not the experience of non-management board members. A Sponsor/Applicant may include the experience of a partner (e.g., Joint Venture partners pursuant to the Defined Terms of the IIG-2019 Guidelines) to gain experience points; however, the experienced partner must have a controlling interest in the project’s ownership and a substantial and continued role in the project’s ongoing operations, as evidenced in the organizational documents for the owner. Experience among partners shall not be aggregated. Any change in the ownership shall require prior written approval by the Department. 125
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 21 If a Sponsor/Applicant relies upon the experience of its Principal for scoring, documentation of the principal’s experience is required as set forth in the NOFA and application.

The experience of an Emerging Developer’s principal shall not be used to qualify an Emerging Developer Sponsor/Applicant for maximum development and ownership experience points. An Emerging Developer cannot have developed, owned, or operated more than three (3) Affordable Housing Developments. If the experience of an Emerging Developer’s principal is used for scoring and exceeds three (3) Affordable Housing Developments, the Sponsor/Applicant does not meet the qualifications of an Emerging Developer.

To receive points under this paragraph the following conditions must be met:

a. Submit a certification that the projects for which points are requested have maintained Fiscal Integrity for the year in which each Rental Housing Development’s last financial statement has been prepared, a positive operating cash flow from typical residential income alone and have funded reserves in accordance with the partnership agreement and any applicable loan documents.

To obtain points for projects previously owned, a certification must be submitted with respect to the last full year of ownership by the Sponsor/Applicant, along with verification of the number of years that the project was owned by that Sponsor/Applicant. To obtain points for projects previously owned, the ending date of ownership or participation must be no more than ten (10) years from the application deadline.

Points are available as follows:
126
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 22 3-4 projects in service more than 3 years, of which 1 shall be in service more than 5 years and 2 shall be Departmentregulated or projects utilizing low-income housing tax credits allocated by TCAC
10 points
5 or more projects in service more than 3 years, of which 1 shall be in service more than 5 years and 2 shall
be Department-regulated or projects utilizing low-income housing tax credits allocated by TCAC

15 points
For Special Needs projects or Community-Based Developers only with experience serving target population(s) proposed to be served in the application, points are available as described above or as follows:

For Special Needs projects:
• 4 or more Special Needs projects in service more
than 3 years, of which 1 shall be Departmentregulated or a project utilizing low-income housing tax credits allocated by TCAC.

For Community-Based Developers:
• 4 or more projects in service more than 3 years, of
which 1 shall be Department-regulated or a project
utilizing low-income housing tax credits allocated by
TCAC.

The property manager shall have three or more years’
experience serving the target population(s) proposed to be served in the application.
15 points
Applicants with fewer than four active Rental Housing Developments in service more than three years shall contract with a bona-fide management company which itself earns a minimum total of five Property Management Experience points at the time of application.
b. To obtain development and ownership experience points, Tribal Entities, Community-Based Developers or Emerging Developers may contract with a Developer who will not be the project owner and may receive points commensurate with the Developer’s experience pursuant to (a) above.

For purposes of this subparagraph only, a Developer is defined to include an entity pre-approved by the Department that has developed but not owned the requisite number of projects described in (a) above and that provides the certification described in (a) above for the projects for which experience points are requested. If the projects for which the entity requests experience points do not include two Department-regulated projects in service more than three years, the Tribal Entity shall also contract with a bona-fide management company which itself earns a minimum total of five Property Management 127
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 23 Experience points at the time of application. For this purpose, only, “develop” shall mean developing the project scope and timeline, securing financing, hiring, or performing the services of a general contractor, and overseeing completion of construction and placement in service as well as asset managing the project for at least three years after construction completion.

When seeking the Department’s pre-approval, the entity shall provide fully executed copies of contracts demonstrating the Department’s criteria for “develop” as specified above have been met.

The contract shall be in effect at least until the project’s stabilized occupancy (90 percent occupancy for single room occupancy (SRO) and Special Needs projects and 95 percent for all other projects), completion of all permanent loan closings, and achievement of all stabilization milestones of the project’s ownership agreement. Tribal Entities exercising the option under this subparagraph (b) to contract with a Developer for these experience points shall also contract for asset management for at least the term of the 15-year federal compliance period with an entity that has provided three (3) years of asset management for at least two Department-regulated projects.

3. Property Management Company Experience. To receive points under this paragraph, the property management company must meet the following conditions:
a. To obtain points for projects previously managed, the ending date of the property management role must be no more than ten (10) years from the application deadline. In addition, the property management experience with a project shall not pre-date the project’s construction completion date.

Points are available as follows:
128
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 24 6-10 projects managed over 3 years, of which 2 shall
be Department-regulated or projects utilizing low-income housing tax credits allocated by TCAC.
3 points
11 or more projects managed over 3 years, of which 2
shall be Department-regulated or projects utilizing lowincome housing tax credits allocated by TCAC. 5 points
For Special Needs projects and for Community-Based Developers, points are available as described above or as follows:

For Special Needs projects:
• 4 or more Special Needs projects in service more
than 3 years, of which 1 shall be Departmentregulated or a project utilizing low-income housing tax credits allocated by TCAC.

For Community-Based Developers:
• 4 or more projects in service more than 3 years, of
which 1 shall be Department-regulated or a project
utilizing low-income housing tax credits allocated by
TCAC.
5 points
When contracting with an experienced property management company under the terms of paragraphs (2) or (3) above, the Sponsor/Applicant or property co-management entity must obtain training in: project operations, on-site certification training in federal fair housing law, and manager certification in Internal Revenue Code (IRC) Section 42 Low-Income Housing Credit Program requirements from a TCAC-approved, nationally recognized entity. Additionally, the experienced property management agent, or an equally experienced substitute, must remain for a period of at least three years from the construction completion date (or, for ownership transfers, three years from the sale or transfer date) to allow for at least one HCD monitoring visit to ensure the project is in compliance with HCD requirements for inspection and monitoring contained in the Regulatory Agreement. Thereafter, the experienced property manager may transfer responsibilities to the remaining general partner or property management firm following formal written approval from HCD.

4. Negative Points – An application will be assessed negative points based on the following:
a. Performance penalties assessed pursuant to the Department’s Negative Points Policy as may be amended from time to time.

Negative points will be assessed as a reduction to the score earned under paragraphs (2) and (3) above and will serve as the final score for 129
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 25 this criterion. For example, if a project earns 15 points under paragraph (2) Development and ownership experience and 5 points under paragraph (3) Project Management Company Experience but is assessed 3 negative points, the final score for this criterion would be 17 (15 + 5 - 3).

If the Sponsor/Applicant is subject to negative points assessment, HCD shall notify the Sponsor/Applicant in writing within the point score letter and will provide opportunity to appeal negative points assessment pursuant to the appeals process as set forth in the NOFA.

5. Ownership Units.

To obtain experience points, the eligible Applicant must demonstrate the following:
a. Provide evidence that it has completed at least:
2 homeownership development projects that are similar to the proposed Qualifying Infill Project(s) in scope and size during the ten (10) years preceding the application due date
5 points
3 homeownership development projects that are similar to the proposed Qualifying Infill Project(s) in scope and size during the ten (10) years preceding the application due date
8 points
5 homeownership development projects that are similar to the proposed Qualifying Infill Project(s) in scope and size during the ten (10) years preceding the application due date
10 points
b. Demonstrate that it has the capacity (i.e., the present ability, competency, workforce, and resources) to complete the proposed Qualifying Infill Project(s) in accordance with the Program requirements (10 points).

E. Project Readiness (20 points maximum, negative 5 points maximum) Points will be awarded to projects under each of the following rating factors as documented in the application and as indicated below. If a particular rating factor is not applicable, full points shall be awarded in that category. 130
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 26

1. Financing Commitments (10 points maximum)
a. Five (5) points will be awarded for evidencing Enforceable Funding Commitments for all construction financing, not including funds applied for under this NOFA, an allocation of tax exempt-bonds, and 4 percent or 9 percent tax credits. Commitment of bond financing is required and must be evidenced by a lender commitment.
b. Five (5) points will be awarded for evidence of Enforceable Funding Commitments for all permanent financing, grants, project-based rental assistance, and operating subsidies, excluding funds applied for under this NOFA, an allocation of tax-exempt bonds, and 4 percent or 9 percent tax credits. Commitment of bond financing shall be evidenced by a lender commitment.

For both construction financing commitments and permanent financing commitments, the assistance will be deemed to be an Enforceable Funding Commitment as this term is defined in the Defined Terms of the IIG-2019 Guidelines (homeownership projects may include but are not limited to the types of Enforceable Funding Commitments included in the definition, subject to Department approval), if it has been awarded to the project or if the Department approves other evidence that the assistance will be reliably available.

Contingencies in commitment documents based upon the receipt of an allocation of tax-exempt bonds, 4 percent tax credits or 9 percent tax credits will not disqualify a source from being counted as committed.

To receive points under paragraphs (a) and (b) above for deferred payment financing, grant funds, or subsidies from other Department programs, these funds must be awarded prior to finalizing the preliminary point scoring of applications under this NOFA.

2. Local and Environmental Approvals (7 points maximum) a. Land use approvals (5 points maximum) – Points will be awarded under either item i, ii, or iii below.
i. Five (5) points will be awarded for obtaining all land use approvals or entitlements necessary prior to issuance of a building permit, including any required discretionary approvals. Notwithstanding this requirement, design review, variances, and development agreements are not required to be completed. Project sites where the planning department confirms eligibility for Streamlined Ministerial Approval (including but not limited to the Senate Bill 35 (2017) Streamlined Ministerial Approval Processing) are eligible for these points.
131
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 27 For projects located within city limits where a FEMA Major Disaster Declaration has been made up to three years preceding the application due date, these five (5) points will be awarded for certification that all necessary land use approvals or entitlements necessary prior to issuance of a building permit will be completed within 90 days of Award.

For projects located outside of city limits where a FEMA Major Disaster Declaration has been made and the local government responsible for land use approvals or entitlement review is not a city, the Applicant must, in addition to providing this certification, demonstrate to the Department’s satisfaction that the project contributes to providing housing for disaster-impacted households.
ii. Four (4) points will be awarded for submission of a complete application to the relevant local authorities for land use approval under a Nondiscretionary Local Approval Process, where the application has been neither approved nor disapproved.
iii. One (1) point will be awarded for a letter signed by a planner certified by the American Institute of Certified Planners indicating that, in their opinion, the project meets all of the requirements for approval under a Nondiscretionary Local Approval Process, where an application has not been approved or disapproved by the local authorities. b. Environmental Approvals (2 points maximum) – Points will be awarded for local certification of CEQA (California Environmental Quality Act) exemption or completion.

For projects located within city limits where a FEMA Major Disaster Declaration has been made up to three years preceding the application due date, these two points will be awarded for certification that the project is exempt from CEQA or that the CEQA review will be completed prior to the issuance of the Department’s Standard Agreement for funds under this NOFA.

For projects located outside of city limits where a FEMA Major Disaster Declaration has been made and the local government responsible for environmental review is not a city, the Applicant must, in addition to providing this certification, demonstrate to the Department’s satisfaction that the project contributes to providing housing for disaster-impacted households.

For projects receiving federal funds subject to review under the National Environmental Policy Act (NEPA), a copy of the project’s Authority to Use Grant funds must be provided prior to the construction loan closing. It is not necessary to have the Authority to Use Grant Funds at application stage. 132
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 28

3. Organizational Documents (3 points maximum) – Points will be awarded if the Recipient, including all affiliated entities, is fully formed and all required organizational documents are submitted with the application.

4. TCAC Hybrid projects – A total of five (5) points will be subtracted for a project utilizing low-income housing tax credits that will be part of an application to TCAC seeking hybrid tie-breaker incentives.

F. Adaptive Reuse / Infill / Proximity to Amenities / Sustainable Building Methods (21 points maximum)
Applications will receive five (5) points for each of paragraphs (1), (3), (4) and six (6) points for paragraph (2) of the following four conditions, up to a maximum of 21 points as defined below:
• Infill development and Net Density
• Proximity to amenities
• Broadband access
• Sustainable building methods

1. Infill development and Net Density. Five (5) points will be awarded for infill development, including adaptive reuse of a vacant and underutilized nonresidential building located in a developed area served with public infrastructure.

The project must meet one of the following requirements of (a) or (b) below:
a. Located on a site where either:
i. At least 75 percent of the site was previously improved (including areas where improvements have been demolished) or used for any use other than Open Space, agriculture, forestry, or mining waste storage; or ii. At least 75 percent of the perimeter of the site’s adjoining parcels that are developed with Urban Uses (residential, commercial, industrial, public institutional, transit or transportation passenger facility use, or retail use, or any combination of those uses) but not including lands used for agricultural uses or parcels in excess of 15,000 square feet in size and containing only one single family residence, or is separated from parcels that are developed with Urban Uses only by an improved public right-of-way. In calculating this percentage, perimeters bordering navigable bodies of water and improved Parks shall not be included; or iii. The combination of at least 50 percent of site area as previously improved (including areas where improvements have been demolished) or used for any use other than Open Space, agriculture, forestry, or mining waste storage, and at least 50 percent of the perimeter of the site adjoining parcels that are developed with Urban Uses or is separated from parcels that are developed with Urban Uses only by an 133
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 29 improved public right-of-way. In calculating this percentage, perimeters bordering navigable bodies of water and improved Parks shall not be included.
b. Developed at average residential Net Densities on the parcels to be developed that are greater than the densities described below:
i. For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area:  sites allowing at least 20 units per acre.
ii. For an unincorporated area in a nonmetropolitan county not included in clause (i):  sites allowing at least 15 units per acre. iii. For a suburban jurisdiction:  sites allowing at least 25 units per acre. iv. For a jurisdiction in a metropolitan county:  sites allowing at least 45 units per acre.
v. For a Rural Area: sites allowing at least 15 units per acre.

2. Proximity to Amenities. Maximum of six (6) points, may combine options under (a) and (b)
a. Projects will receive one-third point per site amenity point that would be awarded under TCAC Regulations, Title 4 CCR, Division 17, Chapter 1, Section 10325(c)(4)(A) or successor regulation. (In TCAC regulations, this is a 15-point category, however, achieving all 15 points under TCAC translates to 5 points under this category.)
Transit points must be for a Transit Stop or Major Transit Stop and distance must be measured by a Walkable Route. “Walkable Route” means a route which, after completion of the proposed project, shall be free of negative environmental conditions that deter pedestrian circulation, such as barriers; stretches without sidewalks or walking paths; noisy vehicular tunnels; streets, arterials or highways without regulated crossings that facilitate pedestrian movement; or stretches without adequate lighting.
b. Projects within one-quarter mile of a Transit Station or Major Transit Stop shall receive one point.

These transit points shall be measured by a Walkable Route from the nearest boundary of the project to the outer boundary of the site of the Transit Station or Major Transit Stop.

3. Broadband access. Five (5) points will be awarded for projects meeting the following requirements:
134
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 30 a. Residential dwelling units that can accommodate broadband service with at least a speed of 100 megabits (50 megabits for rural) per second for downloading and 20 megabits per second (10 megabits for rural) for uploading. Internet service and its ongoing fee is not required; and b. The application includes a plan for reducing barriers to access for project residents. The plan should be tailored to the needs of the tenant population and may include programs providing free or reduced internet prices; reasonable access to project facilities, computers, and shared Wi-Fi; and computer and Wi-Fi literacy training and technical assistance.

4. Sustainable building methods. Points will be awarded based on the following (up to a maximum of five (5) points):
a. 2.5 points will be awarded if the project supports the implementation of a sustainable communities strategy or alternative planning strategy that has been determined by the California Air Resources Board to achieve the region's greenhouse gas emissions target or other adopted regional growth plan intended to foster land use. Consistency with such plans must be demonstrated by a letter or resolution executed by an officer or an equivalent representative from the metropolitan planning organization, regional transportation agency, planning, or local transportation commission. b. If a sustainable communities strategy is not required for a region by law, 2.5 points will be awarded if the project supports a regional plan that includes policies and programs to reduce greenhouse gas emissions. Evidence of consistency with such plans must be demonstrated by a letter or resolution executed by an officer of, or an equivalent representative from, the metropolitan planning organization or regional transportation planning agency or local transportation commission.
c. A project in which not less than 50 percent of the land area is within a Transit Priority Area shall receive 2.5 points. Evidence of project location within, or partially within, a Transit Priority Area must be demonstrated by a letter or resolution executed by an officer of, or an equivalent representative from, the metropolitan planning organization, regional transportation planning agency, or local transportation commission.
“Transit Priority Area” means an area within one-half mile of a Major Transit Stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program adopted pursuant to Title 23 of the Code of Federal Regulations Section 450.216 or 450.322.
d. Five (5) points will be awarded for a project that is designed to achieve green building status beyond state mandatory building code requirements as 135
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 31 verified upon construction completion by a certified LEED Green rater, certified Green Point rater, or licensed engineer. Applicants may select from the following green building certification programs:

Program Minimum Required Tier or
Designation
CalGreen Tier 2
U.S. Green Building Council
LEED Certification Gold
GreenPoint Rated New Construction: Gold
Rehabilitation: Whole Building
ENERGY STAR Certified Home
Living Future Challenge Living Building
e. Three (3) points for projects that achieve near electrification – projects where two out of three of the major energy appliances (cook stoves, space heating, water heating) are electric. Projects must be wired to be electric-ready, defined as having 240 volts outlets near each gas appliance. f. Five (5) points will be awarded for projects that are powered entirely through electricity with no connections to natural gas infrastructure.

G. Cost Containment (5 points maximum)

1. Rental Units
A project shall receive one (1) point for each full percent that the project's eligible basis is less than the project's adjusted threshold basis limit, up to a maximum of (5) points. The percentage is calculated by dividing the project’s eligible basis by the project’s adjusted threshold basis limit.

Total Eligible Basis per the Development Budget
Adjusted Threshold Basis Limit
(Per CDLAC Regulation Section 5230)
For purposes of this subdivision, a project's adjusted threshold basis limit shall be the project's threshold basis limit, as if it were a 4 percent LIHTC project, as determined pursuant to Section 10327(c)(5) of the TCAC regulations, except that the increase for deeper targeting pursuant to Section 10327(c)(5)(C) of the TCAC regulations shall be limited to 80 percent. Section 10327(c)(5) of the TCAC regulations states that for projects financed through CDLAC, “an increase of 1 percent in the threshold basis limits shall be available for every one percent of the project's Low Income and Market Rate Units that will be income and rent restricted at or below 50 percent but above 35 percent of AMI. An increase of 2 percent shall be available for every 1 percent of the project's Low Income and Market Rate Units that will be restricted at or below 35 percent of AMI. In 136
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 32 addition, the Applicant must agree to maintain the affordability period of the project for 55 years (50 years for projects located on tribal Trust Land).” The Department, however, will only restrict to income levels in 5 percent increments.

Any project may be subject to performance penalties if the project’s total eligible basis determined upon construction completion exceeds the revised total adjusted threshold basis limits for the year the project completes construction (or the original total eligible threshold basis limit if higher) by 40 percent.

2. Ownership Units.

The Project shall receive one (1) point for each two full percent that the requested grant amount is less than the maximum grant amount, up to a maximum of (5) points. The percentage is calculated by dividing the Project’s requested grant amount by the total allowable maximum grant amount in accordance with the maximum calculated grant amount per Section 205 (“Grant Terms and Limit”) of the IIG-2019 Guidelines. All such ratios will be rounded to the nearest second decimal place.

H.Prohousing Policies (5 points maximum)
Points will be awarded based on the extent to which the Project meets the following:

1. Five (5) points will be awarded to Projects located in jurisdictions that have been designated prohousing at time of application based upon their adoption of prohousing local policies, pursuant to the Department’s Prohousing Designation Program.

2. For Projects located in jurisdictions that are not designated prohousing pursuant to the Department’s Prohousing Designation Program, but have applied for the designation, two (2) points will be awarded if the jurisdiction has at least three of the following in place:
a. Projects located in jurisdictions with policies that involve meaningful actions towards Affirmatively Furthering Fair Housing pursuant to GC Section 8899.50, including, but not limited to, rezoning higher density in higher opportunity areas, prioritizing funding in higher opportunity areas or areas of concentrated poverty or lower opportunity, place based (e.g., acquisition/rehabilitation, infrastructure improvements, enhancement of community amenities and resources) or displacement strategies in areas of concentrated poverty, lower opportunity or high displacement risk.
b. Projects located in jurisdictions permitting missing middle housing uses (e.g., triplexes and fourplexes) by right in existing low-density, single-family residential zones or increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit 137
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 33 Law (e.g., permitting more than one ADU or JADU per single-family lot) and Government Codes sections 65852.21 and 66411.7.
c. Projects located in jurisdictions with density bonus programs which exceed statutory requirements by 10 percent or more.
d. Projects located in jurisdictions that are reducing or eliminating parking requirements for residential development as authorized by GC Sections 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of GC Section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to GC Section 65915, subdivision (p).
e. Establishment of ministerial approval processes for a variety of housing types, including single-family and multifamily housing.
f. Establishment of an Enhanced Infrastructure Financing District or similar local financing tool that, to the extent feasible, directly supports housing developments in an area where at least 20 percent of the residences will be affordable to Lower Income households.
g. Projects located in jurisdictions that zone more sites for residential development or zoning sites at higher densities than is required to accommodate 150 percent of the minimum regional housing need allocation for the Lower-Income allocation in the current housing element cycle. h. Projects located in jurisdictions with measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand sidewalks or protect bike/micro-mobility lanes; creation of on-street parking for bikes; transit-related improvements; or establishment of carshare programs. i. Projects located in jurisdictions that have established pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in low-density, single-family residential areas. j. Establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents and Projects located in jurisdictions that have documented practice of streamlining housing development at the Project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law (Pub. Resources Code, Sections 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, Section 65457; Cal Code Regs., tit. 14, Sections 15303, 15332; Pub. Resources Code, Sections 21094.5, 21099, 21155.2, 21159.28). 138
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 34 k. Waiver or significant reduction of development impact fees for residential development.
l. Establishment of local housing trust funds or collaboration on a regional housing trust fund.
m. A comprehensive program that complies with the Surplus Land Act (Gov.

Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to Lower Income households. A qualifying program may utilize mechanisms such as land donations, land sales with significant write-downs, or below-market land leases.

I. Tie-breaker Score
In the event two or more applications have the same score, the following tie-breaker points will be awarded, in the following order of priority, until there is no longer a tie:

1. Five tie-breaker points will be awarded to the Qualifying Infill Area having the lowest ratio between the requested grant amount to the total allowable maximum grant amount in accordance with the maximum calculated grant amount through the respective IIG-2019 Guidelines. All such ratios will be rounded to the nearest second decimal place.

2. An additional two tie-breaker points will be awarded to the Qualifying Infill Area for each previously awarded Qualifying Infill Project developed by the eligible Applicant that has received a certificate of occupancy by the deadline for submittal of applications set forth in this NOFA.

V. Appeals
A. Basis of Appeals

1. Upon receipt of HCD’s written notice that an application is incomplete, has failed threshold review, or has otherwise been determined to provide an insufficient basis for an Award, Applicants under this NOFA may appeal such decision(s) to the Director of the Department or their designee pursuant to this section.

2. No Applicant shall have the right to appeal a decision of HCD relating to another Applicant’s application (e.g., eligibility, Award).

3. Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the IIG-2019 Guidelines and this NOFA. All decisions rendered shall be made by the Director or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of HCD. 139
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 35

4. The appeal process provided herein applies solely to decisions of HCD made pursuant to this NOFA.

B. Appeal Process and Deadlines

1. Process: To file an appeal, Applicants must submit to the Director of the Department or their designee, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an Applicant. Once the written appeal is submitted to HCD, no further information or materials will be accepted or considered thereafter. Appeals are to be submitted to HCD at [email protected] according to the deadline set forth in HCD review letters.

2. Filing Deadline: Appeals must be received by HCD no later than five (5) business days from the date of HCD’s threshold review, or initial score letters, as applicable, representing HCD’s decision made in response to the application.

C. Decision
Any request to appeal HCD’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of HCD.

VI. Award Announcements and Contracts
A. Award Announcements
Regarding the applications from Small Jurisdictions, it is the Department’s intent to announce Awards on an ongoing basis. Award recommendations will be posted on the IIG website at https://www.hcd.ca.gov/infill-infrastructure-grant.

Regarding the applications from Large Jurisdictions, HCD will announce Program Awards on the IIG website.

B. Contracts
Successful Applicants (Recipients) will enter into a Standard Agreement with HCD.

The Standard Agreement contains all the relevant state and federal requirements, as well as specific information about the Award and the work to be performed.

A condition of Award will be that a Standard Agreement must be executed by the awardee(s) within 90 days (Contracting Period) of HCD’s issuance of the Award letter. Failure to execute the Standard Agreement(s) within the Contracting Period 140
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 36 may result in Award cancellation. The awardee(s) shall remain a party to the Standard Agreement for the entire term of the Standard Agreement; removal of the awardee(s) without prior HCD consent is prohibited and will result in a default.

Once a Project is awarded HCD funds, the Recipient is acknowledging the Project as submitted and approved is the Project that is to be funded and built. Any partitioning of the Project will make that Award null and void, as the awarded Project is no longer feasible as originally submitted and awarded funds are unable to be assumed or assigned.

VII. Other State Requirements
The Recipient agrees to comply with all applicable state and federal laws, rules, guidelines, and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Rental Housing Development, the Recipient, its contractors or subcontractors, and any loan or grant activity, including without limitation those listed in IIG-2019 Guidelines Section 300 (“State and Federal Laws, Rules, Guidelines, and Regulations”).

Where the proposed Project type presents a fair housing issue, the Department reserves discretion to require a fair housing legal opinion.

In addition, the Recipient shall comply with the following requirements:

A. Compliance with California’s Housing Element Law
The Qualifying Infill Project or Qualifying Infill Area must be located in a city, county, or city and county in which the general plan of the city, county, or city and county has an adopted housing element that has been found by the Department, at the time of Award, to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. If the Award decisions are made within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

For the purpose of this section alone, jurisdictions that are undergoing Department review of their housing element at the time of Award, and jurisdictions that are receiving Department technical assistance to bring their housing element into compliance at the time of Award, shall both be deemed to be in a presumptive state of substantial compliance by the Department. All Awards premised on presumptive substantial compliance shall include conditions in their respective Standard Agreements requiring that prior to funds disbursement, the subject jurisdiction must have received a final housing element certification letter from the Department.

B. Article XXXIV
IIG program funds are not subject to Article XXXIV, Section 1 of the California Constitution, as clarified by the Public Housing Election Implementation Law (HSC 141
California Department of Housing and Community Development Infill Infrastructure Grant Program of 2019 NOFA Page 37 Sections 37000 - 37002). The IIG program funds do not directly fund the housing units, but rather fund the infrastructure that supports the housing units. Other HCD funding sources may require Article XXXIV compliance.

C. California’s Preservation Notice Law
All Applicants, Sponsors, co-Sponsors, owners, and special purpose entities must, at all times, comply with, and not be in violation of, California’s Preservation Notice Law (Gov. Code, §§ 65863.10, 65863.11, 65863.13).

D. Relocation
The Recipient of a Project resulting in displacement of persons, businesses, or farm operations shall be solely responsible for providing the assistance and benefits set forth in the IIG-2019 Guidelines Section 301 (“Relocation Requirements”), and in applicable state and federal law, and shall agree to indemnify and hold harmless HCD from any liabilities or claims for relocation-related costs.

Rehabilitation projects shall maintain any population restrictions pursuant to an existing Regulatory Agreement, deed restriction, or similar encumbrance. Any existing income, rent, and population restrictions must be documented in the application. No permanent relocation shall be permitted unless reviewed and approved by the Department.

VIII. Other Terms and Conditions
A. Right to Modify or Suspend
HCD reserves the right, at is sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including without limitation, the amount of funds available hereunder. If such an action occurs, HCD will notify all interested parties via the HCD email list and will post the revisions to the IIG website. Please be sure and subscribe to HCD’s email list at https://www.hcd.ca.gov/i-am/sub_email.shtml.

B. Conflicts
It is the duty and responsibility of the Applicant and Sponsor to review any funding source they obtain for a project to ensure each of the requirements for those funding sources are compatible with HCD program requirements.

In the event of any conflict between the terms of this NOFA and IIG-2019 Guidelines and either applicable state or federal law or applicable regulation, the terms of the applicable state or federal law or applicable regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, regulations, and guidelines pertaining to the relevant program, and understand and agree that HCD shall not be responsible for any errors or omissions in the preparation of this NOFA.
142
Office of the City Council
Mayor Devin Middlebrook
1901 Lisa Maloff Way, Ste. 206 │ South Lake Tahoe, CA 96150 │ (530) 542-6005 │www.cityofslt.us October 4, 2022
Gustavo Velasquez
Director
California Department of Housing & Community Development 2020 West El Camino Ave
Sacramento, CA 95833
Re: Sugar Pine Village, Infill Incentive Grant (IIG) Support Letter Dear Mr. Velasquez,
On August 25, 2022, Related Companies of California (Related) submitted a funding application to the State’s Infill Infrastructure Grant Program of 2022 Notice of Funding Availability for Small Jurisdiction Set Aside and Qualifying Infill (IIG) program for Sugar Pine Village, a 248 -unit new construction affordable housing development located at 1888 Lake Tahoe Boulevard and 1029 Tata Lane in the City of South Lake Tahoe.

Our community is in urgent need of more affordable housing as identified in the South Shore Regional Housing Needs Assessment and documented in our certified Housing Element 2022-2026. This project also embodies the components of the TRPA Regional Plan and Sustainable Communities Strategy in addition to the Tahoe Valley Area Plan.

IIG Guideline Section 201 (a)(2) requires that a letter of support be submitted for the Qualifying Infill Project from the local governing body. This letter is to document our wholehearted support for this project.

If you have any questions, please do not hesitate to contact me.

Sincerely,
________________________
Devin Middlebrook
Mayor
143
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 13
Agenda Item: Application to Caltrans for Sustainable Transportation Planning Grant of $450,000 for Stateline Area Complete Streets Project
Executive Summary: The City is pursing a complete streets plan for the entire Stateline area to provide improved safety for multi-modal access from U.S. Highway 50 and the Heavenly Village tourist core to Lakeshore Boulevard as envisioned in the Mainstreet Management Plan and Tourist Core Area Plan.

The Sustainable Transportation Planning Grant Program is focused on supporting efforts to create safe and reliable multi-modal transportation systems that serve all people and provides environmental benefits. Park Avenue, Pine Boulevard, Stateline Avenue, and Lakeshore Boulevard are all in need of improved streetscape improvements for pedestrian, bicyclist and micro-mobility user safety in addition to drainage improvements within the entire Stateline Area.

Requested Action / Suggested Motions: Pass a Resolution authorizing the Director of Public Works (or designee) to submit a grant application to the California Department of Transportation (Caltrans) for a planning grant in the amount of $450,000 for stakeholder outreach and planning for a complete streets project in the Stateline area.

Responsible Staff Members: Jason Burke, Complete Streets Program Manager and Sara Letton, Sustainability Coordinator
Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542-6038 Sara Letton, Sustainability Coordinator (530) 542-6175
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-Stateline Area Complete Streets
02-Stateline Area Complete Streets Project Map.pdf
03-Resolution - Stateline Complete Streets Grant Application.docx 04-Stateline Area Complete Streets Project.pptx
144
Council Agenda Report October 4, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Stateline Area Complete Streets Project Authorization to Submit a Grant Application for the Sustainable Transportation Planning Grant Program Location: Stateline Area: Generally, the area from U.S. Highway 50 north to Lakeshore Boulevard, bounded by Park Avenue to the west and Stateline Avenue to the east, see Attachment 02 - Project Location Map.

Responsible Staff Member: Jason Burke, Complete Streets Program Manager (530) 542-6038 Sara Letton, Sustainability Coordinator (530) 542-6175
Background: The Caltrans Sustainable Transportation Planning Grant Program will release a call for applications in December 2022, with a grant application deadline around January 2023. The Sustainable Transportation Planning Grant Program was created to provide a safe and reliable transportation network that serves all people and respects the environment. California Senate Bill 1 is a transportation funding bill that provides funding to maintain and integrate the State’s multimodal transportation system.

SB 1 grant funding is intended to support the implementation of the Regional Transportation Plan (RTP), Sustainable Communities Strategy (SCS) and ultimately achieve the State’s greenhouse gas (GHG) reduction targets. The purpose of the Sustainable Transportation Planning Grant Program is to support eligible planning projects that directly benefit the multi-modal transportation system and also improve public health, social equity, environmental justice, the environment, and provide other important community benefits. The grant is focused on funding Complete Street plans that include community and stakeholder outreach to improve the connectivity of the multimodal transportation network. At this time, the grant is not available to be used for environmental review required under the National Environmental Policy Act (NEPA) or the California Environmental Quality Act (CEQA), nor is it intended for the development of detailed engineering plans past the 30% conceptual design stage.

Issue and Discussion: The 2009 Drainage Master Plan identified the longstanding flooding issues at Lakeshore Avenue and Park Avenue as needing a regional drainage facility that could include pedestrian and bike paths. This project was originally intended to be funded through the installation of parking meters at Lakeshore Avenue, but this financial approach to developing and implementing drainage solutions in the area has proved to be challenging. The drainage issues and lack of streetscape improvements in the area continue to be a barrier to providing a safe and connected network for active mobility in this heavily used area within the tourist commercial core.

The erodible road shoulders have the potential to impair the clarity of Lake Tahoe and should be addressed under the Lake Tahoe Total Maximum Daily Load (TMDL) requirements. There is a notable and widespread lack of pedestrian and cyclist improvements that potentially create conflicts between various mobility types within this area. Parking is often unstructured, and many areas are bare dirt, creating erosion and sediment issues along with safety and mobility challenges within the area. Underground drainage systems need to be updated, along with water 145
Council Agenda Report October 4, 2022 Page 2 of 3
supply and fire flow infrastructure services provided by Lakeside Park Mutual Water Company and Southwest Gas for pressurized gas lines. Many hotels in the area rely on head-in street parking within the public right-of-way, which is often grandfathered in and is required to meet City minimum parking standards. These parking patterns pose a significant design and acquisition challenge to developing multimodal connectivity solutions for pedestrians, cyclists, and micromobility (electric scooter) users, along with the horse-drawn carriages and relatively new shuttles operating in the area. A conceptual design process will require considerable stakeholder outreach to develop solutions that can accommodate the needs of existing tourism and hotel businesses, residents, and all types of mobility mode users.

The Mainstreet Management Plan, 2022 Strategic Advance Workshop, Active Transportation Plan, and recently adopted CIP budget provide support for developing multimodal connectivity solutions in this area, in conjunction with underground utility and drainage upgrades to ensure streetscape improvements have long-term function and durability.

Unimproved road shoulder on Park Avenue, generating
sediment in runoff
Lack of drainage contributing to pavement degradation at Lakeshore Blvd./Park Ave.

Pedestrians walking around parked cars and in roadway along Park Avenue
Pedestrians walking in roadway during winter on Stateline Avenue
146
Council Agenda Report October 4, 2022 Page 3 of 3
Financial Implications: During the adoption of the Capital Improvement Plan (CIP) budget on August 23, 2022, the City Council allocated $100,000 for the planning and design of a Complete Streets project for the Stateline Avenue Area. This Sustainable Transportation Planning Grant Program is an opportunity to leverage existing allocated City resources to access additional grant funds to develop conceptual plans, hold community and stakeholder meetings, survey parcel lines and right-of-way encroachments, develop drainage plans, plan for water supply and fire flow replacements in coordination with Lakeside Park Water District and other utility providers and define planned multimodal connectivity improvements for the area that include provisions for drainage, sediment reduction and streetscape improvements within the entire Stateline Area (Including Stateline Avenue, Park Avenue, Pine Boulevard, Friday Avenue, and Lakeshore Boulevard).

Environmental Considerations: The authorization to pursue a grant application for planning and design of a Complete Streets plan is Statutorily Exempt from CEQA under section 15262 (Feasibility and Planning Studies) and Categorically Exempt under section 15305, Class 6 (Information Collection).

Policy Implications: Initiating a grant to fund the necessary community outreach, technical analysis and development of a Complete Streets conceptual plan to connect the Heavenly Village Tourist core to the Lakeside/Stateline area north of U.S. Highway 50 will provide a path to implement improvements for all types of multi-modal transportation in a manner that is safe and accessible to all. Including drainage and water quality needs in the plans will assist with meeting the sediment and nutrient reductions mandated by the Lake Tahoe Total Maximum Daily Load (TMDL) program. Fulfilling mandated TMDL reduction goals will assist with maximizing residential housing allocations under TRPA Code section 50.5.2.E.2 (Distribution and Administration of Residential Allocations – TMDL Implementation). The Project advances the City Council Strategic Priorities and Goals, specifically:
 Action Item 1.4 (Transportation) to prioritize implementation of mixed-use recreational trails and Class 1 bike trails and closing gaps in the bicycle trail system.  Action Item 2.3 (Connectivity) to facilitate implementation of trail infrastructure prioritizing the connection of bicycle and walking trails.
 Action Item 5.3 (Infrastructure and Maintenance) by actively seeking funding to develop sustainable infrastructure projects, based on the prioritized capital improvement project list.

The project will also provide greenhouse gas reduction benefits, providing progress on Action #WB-1 of the 2020 Climate Action Plan: Improve bicycle and pedestrian networks. 147
Stateline Area
Complete Streets Project Area
0 200 400 600 800
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Path: \\gis\share\Projects\PublicWorks\CompleteStreets\CompleteStreets.aprx | Stateline Area Complete Streets Project Area | 9/19/2022148 Resolution 2022-XXX October 4, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Authorization for Submittal of a Grant Application to the Sustainable Transportation Planning Grant Program from the California Department of Transportation for $450,000 in Grant Funds for Public Outreach and Planning of the Stateline Area Complete Streets Project.

BACKGROUND
A. The City of South Lake Tahoe is eligible to receive federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation.

B. A Restricted Grant Agreement would be needed to be executed with the California Department of Transportation before such funds can be reimbursed through the Transportation Planning Grant Program.

C. The City of South Lake Tahoe wishes to delegate authorization to execute these agreements and any amendments thereto.

D. The City Council appropriated $100,000 for the initiation of the Stateline Area Complete Streets project (“Project”) during the August 23, 2022 City Council meeting as a part of the City’s adopted Capital Improvement Program, which is eligible as a grant match.

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 Public Works Director, or designee, to submit a grant application and, if successful, execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

2. If the grant is awarded, authorizes acceptance of grant funds up to $450,000 and budget appropriation into the Project revenue account 301-50045-33220 and expenditure account 301-50045-42030.

Adopted by the City of South Lake Tahoe City Council on October 4, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
149
Resolution 2022-XXX October 4, 2022 Page 2 of 2
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.
150
Stateline Area Complete
Streets Project
(Sustainable Transportation Grant
Program Application)
October 4, 2022
151
Sustainable
Transportation
Planning Grant
Program
• Created to provide safe a safe and reliable
transportation network that serves all
people by funding planning projects that
directly benefit the multi-modal
transportation system, including
consideration of:
• Attaining Greenhouse Gas Emissions
Reduction Targets
• Improving Public Health
• Fostering Social Equity/Environmental Justice
• Protecting the Environment
• Providing Multi-Benefits
152
Stateline Area Complete
Streets Project
Current Challenges
 Limited Bike/ Pedestrian
Improvements
 Heavy Use in Tourist Core
 Unstructured Parking
 Inadequate drainage:
 Sediment impairs lake clarity
 Ponding and freeze/thaw
impacts pavement
153
Stakeholder Outreach
and Community
Engagement
Considerable Parking Challenges  Hotel Parking Often
Needed to Meet
Required Minimums
 Boat Parking
Considerations
 Heavy Use in Tourist
Core
 Parking in Right-of-Way  Mostly Dirt Shoulder and
Public Parking
154
Proposed
Planning Grant
Application  Opportunity to leverage
existing $100,000 in Stateline
Ave. CIP funding for $450,000
 Focus on Community
Engagement
 Significant Parking Challenges  Consider all Modes of Transportation
 “Dig Once” Approach Including
Underground Utility Needs
 Grant does not include
CEQA/NEPA or detailed
engineering
155
Questions
156
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 14
Agenda Item: Ordinance Amending Chapter 3.50 (Transient Lodging) of the South Lake Tahoe City Code Section 3.50.140 (Security for Collection of Tax) and Section 3.50.260 (Register to be Kept Two Years) to Clarify Language Regarding Security Instruments and Register Retention Period (Second Reading)
Executive Summary: On September 20, 2022, City Council held a first reading of the proposed changes to this ordinance and referred the second reading to this October 4th meeting for adoption. The proposed amendment to City Code section 3.50.140 regarding security deposit collection will help ensure timely recovery of uncollected Transient Occupancy Tax during the audit process. The proposed amendment to City Code section 3.50.260 to correct the section title will add consistency in the language between title and body to reflect common practice.

Requested Action / Suggested Motions: Pass an Ordinance amending Section 3.50.140 (Security for collection of tax) and Section 3.50.260 (Register to be kept two years) of the City Code Chapter 3.50 (Transient Lodging) to clarify language regarding security instruments and register retention period.

Responsible Staff Member: Ben Hannah, Accountant ll.

Responsible Staff Member: Ben Hannah Accountant II (530) 542-6079 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - City Code Amendments.docx
02-Ordinance - Transient Lodging.docx
03 - CSLT Red Line Transient Lodging 2022.pdf
157
Council Agenda Report- October 4, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4th, 2022
Title: An Ordinance amending Section 3.50.140 (Security for collection of tax) and Section

3.50.260 (Register to be kept two years) of the City Code Chapter 3.50 (Transient Lodging) to clarify language regarding security instruments and register retention (Second Reading)
Location: Citywide
Responsible Staff Member: Ben Hannah, Accountant II (530) 542-6079 Olga Tikhomirova, Director of Finance (530)542-7431
Background: The existing City Code Title 3 Finance contains several provisions that require clean-up. The Finance Department proposes two revisions to streamline the collection of the Transient Occupancy Tax (TOT) security deposit and to clean up the recordkeeping section title for consistency with audit procedures.

Issue and Discussion: The proposed updates to Section 3.50.140 and Section 3.50.260 include the following updates:
 Section 3.50.140 Security for the collection of tax: The proposed update to this section will require security deposit payment for Transient Occupancy Tax to be made in the form of cash or cash equivalent only. Redemption of other security instruments such as certificate of deposit (CD) can be difficult as often the CD can be terminated upon simple notice forcing the oblige to commit staff time to recovery of the deposit monies. Additionally, record keeping of deposits in non-cash form over long time frames is proved to be unsuccessful and error prone.  Section 3.50.260 Register to be kept two years: The title of this policy is inconsistent with the section body language and should reflect common practice and audit requirement of keeping the register for a minimum of three years.

Financial Implications: Streamlining the existing Finance City Code will reduce the time spent on code interpretation and allow city staff to spend more time assisting the community.

Maintaining liquid security deposits in the form of cash or cash equivalents only will ensure timely and maximum Transient Occupancy Tax revenue recovery during the course of the audit process.

Updating the code title has no financial impact.

Environmental Considerations: These amendments are exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the CEQA Guidelines states that an activity is covered by the commonsense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. 158
Council Agenda Report- October 4, 2022 Page 2 of 2
Policy Implications: The overall impact of financial policies is to strengthen and preserve the City’s financial position and fiscal health as well as maintain the highest level of ethics in the stewardship of public funds.
159
Ordinance 2022-XXX October 4, 2022 Page 1 of 4
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
October 4, 2022
Amending City Code Section 3.50.140 (Security for collection of tax) and Section

3.50.260 (Register to be kept two years) of the City Code Chapter 3.50 Transient Lodging to Clarify Language Regarding Security Instruments and Register Retention Period

FINDINGS
A. The City Council previously adopted regulations, policies, and procedures associated with regulations imposed upon the transient lodging industry, including the transient occupancy tax.

B. The language regarding type of instruments acceptable for Transient Occupancy Tax security deposits in Section 3.50.140 A (Security for Collection of Tax) is inconsistent with best practice, which is that acceptable deposits shall include cash and cash equivalents only. Other securities have been found ineffective to ensure compliance with chapter 3.50.140 D due to problems with redemption and record keeping.

C. The language in the title of Section 3.50.260 (Register to be kept two years) is inconsistent with body of the section, which states that a record of registered guests shall be kept for three years.

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

SECTION 1. Section 3.50.140 of the South Lake Tahoe City Code is hereby amended to read as follows:

3.50.140 Security for collection of tax
A. To ensure compliance with transient occupant tax payment requirements, the tax collector shall require each person subject to such requirements to deposit with the city a noninterest bearing security in the form of cash or cash equivalent in the amount required by the terms hereof. The required security shall be equal to an amount not greater than twice the person’s estimated average liability for the period for which a return must be filed or the sum of $20,000, whichever is less. At any time after the amount of the initial deposit is determined, the amount of the security deposit may be determined on current information and recent reporting and payment history if the secured amount is deemed insufficient by the tax collector.

B. If any person is delinquent in the payment of the amount required to be paid or in the event a determination has been made that an amount due remains unpaid, the tax collector may, not later than three years after the payment became delinquent, give notice thereof by certified mail to all persons in the county having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent. After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their 160
Ordinance 2022-XXX October 4, 2022 Page 2 of 4
control at the time they receive the notice until the tax collector consents to a transfer or disposition or until 20 days elapse after the receipt of the notice. All persons so notified shall within five days after the receipts of the notice advise the tax collector of all such credits, other personal property or debts in their possession, under their control or owing by them.

C. At any time within three years after any tax or any amount of tax required to be collected becomes due and payable or at any time within three years after any determination becomes final, the tax collector may bring an action in the courts of this state or any other state or of the United States in the name of the city to collect the amount delinquent together with penalties and interest.

D. If any owner and/or operator of any business or the real property upon which such business is operated sells, transfers, assigns, leases or otherwise quits the business, and any person who takes ownership or operation of the business and/or real property upon which such business is operated shall, in escrow, or otherwise, pay such amount in full. The amount to be paid shall be determined by an audit for the last three fiscal years of the property being transferred conducted by the city, less the security deposit, if any, held by the city. No escrow shall be allowed to close concerning any property subject to this chapter unless sufficient funds are retained in escrow to cover any delinquency and paid over to the city from the escrow upon demand; provided, however, that such audit shall, in all cases, be completed within a reasonable period of time after all records necessary to the audit have been provided to the city. All sums deemed due the city at the completion of the audit shall be paid to the city at the completion of the audit, shall be paid to the city by the escrow holder upon written demand of the finance director.

If any such owner or operator of the business and/or the real property upon which the business is operated, or any escrow holder, fails to pay, withhold, or insure the withholding of the required sum, such person shall be liable for all monies due the city.

No city permit or entitlement of any type shall be issued to the successor, owner or operator of any transient lodging facility if transient occupancy taxes remain unpaid.

E. Notice shall be recorded with the El Dorado County recorder’s office on every transient lodging facility containing more than two units, as defined in SLTCC 3.00.010. The following notice shall appear with regard to such properties:

Pursuant to this chapter, if any owner or operator liable to the city for any amount of transient occupancy tax or security deposit sells, transfers or assigns the property, the purchasers or successors of such person shall, in escrow, hold sufficient funds to pay such amount in full. The amount shall be determined by audit as described in SLTCC 3.50.140(D).

If any person fails to pay or withhold the required sum, or allows escrow to close without satisfaction in cash of the amount owed to the city, such person shall be personally liable.

F. If any amount of transient occupancy tax or security deposit required to be remitted or paid to the city under this section is not remitted or paid when due, the city finance director or his/her designee may, within three years after the amount is due, file for record in the office of the El Dorado County recorder a certificate specifying the amount of tax, penalties and interest due, 161
Ordinance 2022-XXX October 4, 2022 Page 3 of 4
the name and address as it appears on the records of the city finance administrator of the owner and/or operator liable for that amount, and the fact that the city finance director has complied with all provisions of this section in the determination of the amount required to be paid to the city.

From the date of the filing for record, the amount required to be remitted together with penalties and interest constitutes a lien upon all real property in the county owned by the operator and/or owner, and any real property acquired by him/her at any subsequent date but before the lien expires. The lien has the force, effect and priority of a judgment lien and shall continue for 10 years from the time of filing of the certificate unless sooner released or otherwise directed.

SECTION 2. Section 3.50.260 of the South Lake Tahoe City Code is hereby amended to read as follows:

3.50.260 Register to be kept for three years.

Such register shall be kept within the city for a period of not less than three years by the person providing the accommodations as specified in SLTCC 3.50.250.

SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

SECTION 5. This ordinance shall become effective thirty days after the date of its adoption.

Adopted by the City of South Lake Tahoe City Council on October 4, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
162
Ordinance 2022-XXX October 4, 2022 Page 4 of 4
First Reading: September 20, 2022
Published:

Second Reading: October 4, 2022
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.
163
South Lake Tahoe City Code
Chapter 3.50 TRANSIENT LODGING Page 1 of 4
Chapter 3.50

TRANSIENT LODGING
Sections:

Article I. In General

3.50.010 Purpose of chapter.

Article II. Transient Occupancy Tax

3.50.040 Consideration for occupancy.

3.50.050 Tax imposed – Payment of tax by transient.

3.50.060 Allocation of funds.

3.50.070 Exemptions from applicability of tax.

3.50.080 Collection of tax by operators – Advertisement that tax will not be collected, etc., prohibited.

3.50.090 Registration of operators.

3.50.100 Registration of rental agents.

3.50.110 Reporting and remitting of transient occupancy tax.

3.50.130 Failure to collect and remit tax – Penalties.

3.50.140 Security for collection of tax.

3.50.150 Administration.

3.50.160 Refunds.

3.50.170 Records to be kept.

3.50.230 Warrant for collection of tax.

3.50.240 Seizure and sale.

Article III. Registration of Guests

3.50.250 Required information to be shown.

3.50.260 Register to be kept two three years.

3.50.270 Inspection of register.

3.50.280 Fictitious registration.

3.50.290 Law to be posted.

Article IV. Transit Vehicles

3.50.300 Parking for chartered transit vehicles.

Article V. Vacation Home Rentals
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3.50.370 Definitions.

3.50.380 Vacation home rentals – General provisions.

3.50.390 Vacation home rental application procedures.

3.50.400 Expiration and renewal of vacation home rental permits.

3.50.410 Review, issuance and denial of vacation home rental permit applications.

3.50.420 Revocation of vacation home rental permit.

3.50.430 Appeal from director of development services’ determination.

3.50.440 Conditions of operation.

3.50.450 Enforcement.

3.50.460 No property rights conferred.

3.50.140 Security for the collection of tax.

A. To ensure compliance with transient occupant tax payment requirements, the tax collector shall require each person subject to such requirements to deposit with the city a noninterest bearing security in the form of cash or other security cash equivalent in the amount required by the terms hereof. The required security shall be equal to an amount not greater than twice the person’s estimated average liability for the period for which a return must be filed or the sum of $20,000, whichever is less. At any time after the amount of the initial deposit is determined, the amount of the security deposit may be determined on current information and recent reporting and payment history if the secured amount is deemed insufficient by the tax collector.

B. If any person is delinquent in the payment of the amount required to be paid or in the event a determination has been made that an amount due remains unpaid, the tax collector may, not later than three years after the payment became delinquent, give notice thereof by certified mail to all persons in the county having in their possession or under their control any credits or other personal property belonging to the delinquent, or owing any debts to the delinquent.

After receiving the notice, the persons so notified shall neither transfer nor make any other disposition of the credits, other personal property or debts in their possession or under their control at the time they receive the notice until the tax collector consents to a transfer or disposition or until 20 days elapse after the receipt of the notice. All persons so notified shall within five days after the receipts of the notice advise the tax collector of all such credits, other personal property or debts in their possession, under their control or owing by them.

C. At any time within three years after any tax or any amount of tax required to be collected becomes due and payable or at any time within three years after any determination becomes final, the tax collector may bring an action in the courts of this state or any other state or of the United States in the name of the city to collect the amount delinquent together with penalties and interest.

D. If any owner and/or operator of any business or the real property upon which such business is operated sells, transfers, assigns, leases or otherwise quits the business, and any person who takes ownership or operation of the business and/or real property upon which such business is 165
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operated shall, in escrow, or otherwise, pay such amount in full. The amount to be paid shall be determined by an audit for the last three fiscal years of the property being transferred conducted by the city, less the security deposit, if any, held by the city. No escrow shall be allowed to close concerning any property subject to this chapter unless sufficient funds are retained in escrow to cover any delinquency and paid over to the city from the escrow upon demand; provided, however, that such audit shall, in all cases, be completed within a reasonable period of time after all records necessary to the audit have been provided to the city. All sums deemed due the city at the completion of the audit shall be paid to the city at the completion of the audit, shall be paid to the city by the escrow holder upon written demand of the finance director.

If any such owner or operator of the business and/or the real property upon which the business is operated, or any escrow holder, fails to pay, withhold, or insure the withholding of the required sum, such person shall be liable for all monies due the city.

No city permit or entitlement of any type shall be issued to the successor, owner or operator of any transient lodging facility if transient occupancy taxes remain unpaid.

E. Notice shall be recorded with the El Dorado County recorder’s office on every transient lodging facility containing more than two units, as defined in SLTCC 3.00.010. The following notice shall appear with regard to such properties:

Pursuant to this chapter, if any owner or operator liable to the city for any amount of transient occupancy tax or security deposit sells, transfers or assigns the property, the purchasers or successors of such person shall, in escrow, hold sufficient funds to pay such amount in full. The amount shall be determined by audit as described in SLTCC 3.50.140(D).

If any person fails to pay or withhold the required sum, or allows escrow to close without satisfaction in cash of the amount owed to the city, such person shall be personally liable.

F. If any amount of transient occupancy tax or security deposit required to be remitted or paid to the city under this section is not remitted or paid when due, the city finance director or his/her designee may, within three years after the amount is due, file for record in the office of the El Dorado County recorder a certificate specifying the amount of tax, penalties and interest due, the name and address as it appears on the records of the city finance administrator of the owner and/or operator liable for that amount, and the fact that the city finance director has complied with all provisions of this section in the determination of the amount required to be paid to the city.

From the date of the filing for record, the amount required to be remitted together with penalties and interest constitutes a lien upon all real property in the county owned by the operator and/or owner, and any real property acquired by him/her at any subsequent date but before the lien expires. The lien has the force, effect and priority of a judgment lien and shall continue for 10 years from the time of filing of the certificate unless sooner released or 166
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otherwise directed. (Ord. 294 § 2; Ord. 442 § 1; Ord. 680 § 1; Ord. 722 § 1; Ord. 780 § 2; Ord. 848 § 1; Ord. 980 § 1; Ord. 1109 § 1 (Exh. A). Code 1997 § 28A-21)

3.50.260 Register to be kept two three years.

Such register shall be kept within the city for a period of not less than three years by the person providing the accommodations as specified in SLTCC 3.50.250. (Ord. 295 § 2; Ord. 1109 § 1 (Exh.

A). Code 1997 § 28A-28)
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: October 4, 2022
Agenda Item #: 15
Agenda Item: Tahoe Basin Transportation Action and Funding Plan Support Executive Summary: On September 6, 2022, the City Council received a presentation from Tahoe Regional Planning Agency (TRPA) for the Tahoe Basin Transportation Action Plan and the proposed 7-7-7 funding framework. The Action Plan is a product of the Bi-State Consultation and reflects the collaboration across local, state, and federal agencies. It prioritizes the most important transportation projects in the region and establishes funding-framed work to make these projects a reality. The proposed transportation investments are being secured through a 7-7-7 funding framework, with which each sector of partnership - local/regional governments and businesses, state agencies, and federal government- works to allocate additional investment of $7 million per year to fund the regional and local transportation projects. The adoption of the proposed Resolution supports the regional collaboration and commitment of the City of South Lake Tahoe for additional funding allocation for City's transportation priority projects.

Requested Action / Suggested Motions: Pass a Resolution Committing to a regional transportation funding partnership effort to jointly raise a minimum of $20 million per year for transportation and transit services in the Lake Tahoe region to support implementation of the Regional Transportation Plan.

Responsible Staff Members: Joe Irvin, City Manager and Anush Nejad, Director of Public Works Responsible Staff Member: Joe Irvin, City Manager (530) 542-6043 Anush Nejad, Director of Public Works (530) 542-6031
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01 - Staff Report TRPA Transportation Funding Support.docx 02 - CA and NV Letter of Support.pdf
03 - Placer County Staff Report and Resolution.pdf
04 - El Dorado County Letter of Support.pdf
05-Resolution - Tahoe Basin Transportation Action Plan.docx 168
Council Agenda Report- October 4, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: October 4, 2022
Title: Tahoe Basin Transportation Action and Funding Plan Support Location: Citywide
Responsible Staff Member: Joe Irvin, City Manager – (530) 542-6043 Anush Nejad, Director of Public Works – (530) 542-6031
Background: The Tahoe Regional Planning Agency (TRPA) provided a presentation to the City Council on September 6th on the 2020 Lake Tahoe Regional Transportation Plan (RTP). The RTP includes $2.4 billion in transportation projects to achieve the region's environmental, social, and economic goals for the next 25 years. The action plan represents a collective commitment to funding initial priority transportation projects from the RTP. The projects in the Regional Transportation Plan were developed in consultation with local government and State representatives.

As a part of the funding plan, TRPA and the partner agencies have developed a shared 7-7-7 funding framework in which each sector of the partnership – local/regional governments and businesses, state agencies, and federal government – works to allocate an additional investment of $7 million per year toward the program. These investments can include congressionally designated funds, state budget support, local jurisdiction funding, and investment from local businesses, in the Transportation Action Plan
Issue and Discussion: As a partner, TRPA has requested that the City Council consider adopting a Resolution supporting the 7-7-7 shared funding framework. This general endorsement would help maintain momentum with the partnership. Currently, the partners are in various stages of endorsing the 7-7-7 shared funding approach, as summarized below.

1. Federal Support: Congressional Delegation members (CA- Padilla, and NV- Cortez-Masto & Rosen) expressed support at Tahoe Summit for the 7-7-7 shared funding approach.

TRPA has already seen their support via earmarks and grant support, and TRPA plans to continue this outreach for the partnership.

2. State Support:
a. California: Joint letter supporting the 7-7-7 from cabinet-level officials (Attachment 2).
b. Nevada: Joint letter supporting the 7-7-7 from cabinet-level officials (Attachment 2). c. Active budget requests are currently in process for both state budget processes.

Additional support for grant applications from Caltrans and CA Transportation Commission has been secured by TRPA and will be a focus of continuing as grant applications are advanced.
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3. Local Support:
a. Placer County: Resolution of support of the 7-7-7 shared funding strategy was adopted (Attachment 3).
b. Douglas County: Additional funding for micro-transit is under consideration in addition to current TOT funding contributed to transportation. c. Washoe County: Resolution/formal support for 7-7-7 under consideration. A resolution of support and additional transportation funding is actively being requested by Commissioner Hill.
d. El Dorado County: Consideration of a resolution or formal support is under consideration. TRPA is responding to a request from the County Commission for more information on the 7-7-7 initiative. El Dorado County has committed additional TOT revenue to support transit and is placing a ballot measure in front of voters to fund transportation. (Attachment 4).

The funding support is a broad endorsement and support for the regional partnership to pursue additional funding at the federal, state, and local levels. The City of South Lake Tahoe is already allocating additional funding to City’s Transportation projects. Adoption of the resolution does not commit any specific funds toward the program. Any funds generated locally will be used for local projects that will benefit the regional transportation system. The current high-priority projects include:
 Dennis T. Machida Memorial Trail – Herbert Ave to Van Sickle  Park Avenue and Lakeshore Blvd Complete Streets
 Johnson Blvd Complete Streets Project
 Y-Mobility Hub
 Roadway/Trail Overlay & Rehabilitation
Other projects will be considered annually with the Capital Improvement Program adaption. The City Council will have to opportunity to approve each project, including the funding plan during the budget adoption process.

Financial Implications: The proposed funding strategy is a collaborative effort between TRPA and bi-state partner agencies, including the City of South Lake Tahoe. Each agency will endeavor to generate additional funding for projects within each responsible jurisdiction. The City is currently providing the matching funds for state and federal grants, which constitutes City’s contribution.

Environmental Considerations: Receiving this report and providing direction to staff is not approval of a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15352 and 15378 because it does not commit the City to a definite course of action regarding the projects listed within the Capital Improvement Plan and does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change to the environment.

Policy Implications: Adoption of the Funding Plan resolution promotes regional collaboration and support.
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MEMORANDUM

COUNTY EXECUTIVE OFFICE

ADMINISTRATION
County of Placer
TO: Honorable Board of Supervisors DATE: May 24, 2022
FROM: Todd Leopold, County Executive Officer
BY: Stephanie Holloway, Principal Management Analyst
SUBJECT: Tahoe Transportation District (TTD) – Regional Transportation Funding Support

ACTION REQUESTED
Adopt a resolution approving a commitment to a regional partnership effort to raise a minimum $20 million per year for transportation improvements and transit services in the Lake Tahoe region to support implementation of the Regional Transportation Plan.

BACKGROUND
The Lake Tahoe region is an area of unique and irreplaceable beauty as well as a worldrenowned visitor destination. This region is located within driving distance of several urban areas experiencing continuous population growth. The Tahoe Regional Planning Agency’s (TRPA) Regional Transportation Plan (RTP) recognizes that creating or expanding existing road systems for personal vehicle transportation is not in the best interest of this cherished resource and therefore focuses on a strategy of improving transportation and the movement of people and goods through more alternative and sustainable programs and improvements such as transit services, increased technology, bike and pedestrian trails and other community enhancements.

Most recently, the COVID-19 pandemic has resulted in an increase in the number of individuals and families visiting the Lake Tahoe region as well as relocating as a result of telework options.

Visitor demand, population growth in the surrounding urban areas and relocations to the Lake Tahoe region are expected to increase into the future, placing even greater strain on the region’s already stressed transportation infrastructure and developing transit systems. The increasing pressure on the transportation system has the potential to accelerate environmental and public safety impacts, including traffic congestion, increased pollution, erosion and storm water runoff, and unsafe conditions for visitors because of the lack of personal vehicle parking and safe alternative transportation options such as walking and biking paths, and other multimodal transportation services.

At the December 1, 2021 Tahoe Transportation District (TTD) Board meeting, Board members discussed the need for a sustainable regional transportation revenue source, including an update by TTD staff on the Bi-State Consultation on Transportation meeting which was held on November 30, 2021. This discussion resulted in the desire to develop a potential federal/state/local/private partnership funding package. The potential partnership funding 493
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Honorable Board of Supervisors
May 24, 2022
Tahoe Transportation District (TTD) – Regional Transportation Funding Support