Agenda packet — South Lake Tahoe City Council, November 15, 2022

1 City of South Lake Tahoe
City Council
Meeting Agenda
Tuesday, November 15, 2022 at 5:30 PM
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/88436645979.

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: 884 3664 5979 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
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
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.

1. Annual Police Advisory Commission Report
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: David Stevenson, Chief of Police Item 1 - Executive Summary.pdf
01- STAFF REPORT PAC Annual Report 111522.docx

2. Annual Parks and Recreation Commission Report
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Lauren Thomaselli, Director of Parks & Recreation Item 2 - Executive Summary.pdf
01-Staff Report - Annual Parks & Recreation Commission Report.docx 02-Parks and Rec Annual Report
2 3

3. Annual Independent Citizens' Oversight Committee (Measure P) Report Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Lauren Thomaselli, Director of Parks & Recreation and Olga Tikhomoirova, Director of Finance
Item 3 - Executive Summary.pdf
01-Staff Report - Annual Independent Citizens' Oversight Committee (Measure P) Report.docx

4. Annual Planning Commission and Airport Land Use Commission Report Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Anna Kashuba, Associate Planner Item 4 - Executive Summary.pdf
01-Staff Report - Planning Commission and ALUC Annual Report.docx 02-Attachment A.docx

5. Annual Arts Culture and Tourism Commission Report
Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Kelly Edwards, Recreation Manager Item 5 - Executive Summary.pdf
01-Staff Report - Annual Arts, Culture & Tourism Commission Report.docx 02-ACT Annual Report

6. Sale of Surplus Property
Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus and directing the sale of vehicles, equipment and other City assets.

Responsible Staff Member: Anush Nejad, Director of Public Works and Phil Harwood, Fleet Supervisor
Item 6 - Executive Summary.pdf
01-Staff Report - Surplus Property Sale.docx
02 - Resolution for Surplus Vehicles.docx
03 - Exhibit A to Reso.docx

7. Purchase of Caterpillar Street Roller for $74,421.07 Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a purchase order for one Caterpillar three (3) ton Street Roller from the National Auto Fleet Group via Cooperative Purchasing Contract in the amount of $74,421.07 for use in the Streets Division for Street Pavement Repair and Maintenance.

Responsible Staff Members: Anush Nejad, Director of Public Work, and Phil Harwood, Fleet Supervisor
Item 7 - Executive Summary.pdf
01 - Staff Report - Pavement Roller.docx
02 - Holt of California Quote and Agreement.pdf

8. Ordinance Adopting 2022 California Building Standards Code (Second Reading) Requested Action / Suggested Motions: Pass 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.

Responsible Staff Members: Ron Beehler, Interim Building Official and Hilary Roverud, Director of Development Services
Item 8 - Executive Summary.pdf
01-Staff Report - Ordinance Building Regulations.docx
3 4
02-Ordinance
03-Exhibit A to Ordinance
04-Proof of Publication.pdf

9. Acceptance of Congestion Mitigation and Air Quality (CMAQ) funding and Surface Transportation Block Grant (STBG) funding Totaling $146,907 for Lake Tahoe Boulevard Class I Bicycle Trail Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating Congestion Mitigation and Air Quality funding in the amount of $111,688 and Surface Transportation Block Grant funding in the amount of $35,219 and correcting the budget by removing $195,655 in excess Surface Transportation Block Grant funds in the Lake Tahoe Boulevard Class I Bicycle Trail Project account.

Responsible Staff Members: Randy Carlson, Associate Civil Engineer and Anush Nejad, Public Works Director
Item 9 - Executive Summary.pdf
01-Staff Report - Lake Tahoe Boulevard Class 1 Bicycle Trail Project.docx 02-Resolution - Lake Tahoe Boulevard Class 1 Bicycle Trail Project.docx

10. City Salary Table Amendments - Minimum Wage Increase Requested Action / Suggested Motions: Pass Resolution to raise minimum wage for City employees to $15.50, effective January 1, 2023.

Responsible Staff Member: Tom Stuart, Assistant to the City Manager II Item 10 - Executive Summary.pdf
01-Staff Report - City Salary Table Amendments.docx
02-Resolution-City Salary Table Amendments.docx
03-2023 Salary Table (Exh. A to Reso).pdf

11. Grant Applications for Tahoe Metropolitan Planning Organization (TMPO) 2023 Regional Grant Program for Up to Ten Pedestrian, Bike Trail, and Electric Vehicle Charging Projects Requested Action / Suggested Motions: Pass a Resolution Authorizing Submittal of Grant Applications to TMPO for federal fiscal years 2023-24 through 2026-27.

Responsible Staff Member: Anush Nejad, Director of Public Works Item 11 - Executive Summary.pdf
01-Staff Report TMPO Grant.docx
02-Resolution TMPO Grants.docx
Regular-Unfinished Business

12. Increase to Airport Landing Fees
Requested Action / Suggested Motions: Pass a Resolution adopting increased Airport Landing Fees for City Master Schedule of Fees and Charges for City Services 2022-2023.

Responsible Staff Member: John Dickinson, Airport Manager Item 12 - Executive Summary.pdf
01-Staff Report - Airport Landing Fees.docx
02-Resolution - Airport Landing Fees.docx
03-Presentation

13. Energy Goals Update
Requested Action / Suggested Motions: City Council will receive an update on progress towards meeting the City's municipal and community-wide energy goals and is asked to provide direction to 4 5
staff.

Responsible Staff Member: Sara Letton, Sustainability Coordinator Item 13 - Executive Summary.pdf
01 - Staff Report - Energy Goals Update.docx

14. Resolution of Intent to Award One-Year Electric Franchise to Liberty Utilities Requested Action / Suggested Motions: Pass a Resolution of Intent to Award an Electric Franchise to Liberty Utilities for a Term of One Year.

Responsible Staff Member: Heather Stroud, City Attorney Item 14 - Executive Summary.pdf
01 - Staff Report on Liberty Utilities Franchise Agreement.docx 02 - Resolution of Intent to Grant Franchise.docx
03 - Draft Liberty Franchise Ordinance.docx
04 - Liberty Application for Franchise.docx
05 - Expired Franchise Agreement.pdf
06 - Email from Liberty Regarding One-Year Franchise Agreement.pdf

15. Reject All Bids - Recreation and Aquatics Center Project Phase 2 Requested Action / Suggested Motions: Pass a Motion to reject all bids received for the Recreation and Aquatics Center Phase II Project - 15-30160018 - Phase 2 - BN-1 and direct staff to re-bid the Project at a future date.

Responsible Staff Member: Jim Marino, Capital Improvements Program Manager and Facilities Program Manager
Item 15 - Executive Summary.pdf
01-Staff Report.docx
02-ACC Request to Withdraw Bid.pdf
Regular-New Business

16. South Lake Tahoe Tourism Improvement District Annual Report for Fiscal Year 2021-2022 Requested Action / Suggested Motions: Receive the FY 2021-2022 Annual Report of the South Lake Tahoe Tourism Improvement District.

Responsible Staff Member: Andrew Black, Financial Service Supervisor Item 16 - Executive Summary.pdf
01-Staff Report - SLT TID Annual Report
02-Annual Report
03-Attachment 2022 SLTTID Annual Audit Report
04-Reso No. 2019-059 SLTTID

17. Memorandum of Understanding with California Tahoe Conservancy on Defensible Space and Fuels Management
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Memorandum of Understanding with the California Tahoe Conservancy regarding defensible space and fuels management.

Responsible Staff Member: Jim Drennan, Fire Chief
Item 17 - Executive Summary.pdf
01-Staff Report - California Tahoe Conservancy MOU.docx 02-Memorandum of Understanding with California Tahoe Conservancy 5 6

18. Creation of South Lake Tahoe Fire Department South Shore Fuels Reduction Program and Related Actions
Requested Action / Suggested Motions: Pass a Resolution approving creation of the South Shore Fuels Reduction Program, purchase of a Chevy 5500 Chipper truck with tools and build up, Chipper, and the hiring of 4 personnel to form a Fire Department fuels reduction chipper crew in the total amount of $392,987.

Responsible Staff Member: Jay Manning, Battalion Chief
Item 18 - Executive Summary.pdf
01-Staff Report - South Shore Fuel Reduction.docx
02-Resolution - South Shore Fuels Reduction Funding.docx 03-Knapheide-Forestry-Bodies-E-Literature_201912-1.pdf
04-Brush Chipper
05-Vermeer Chipper Quote.pdf
06-Champion Chevrolet Chipper Truck Quote-Reno.pdf
07-Roseville Chevrolet Quote
08-Future Chevrolet Quote
Agenda Planning Calendar

19. 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 19 - Executive Summary.pdf
APC - 11 10 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 November 15, 2022 meeting of the City of South Lake Tahoe City Council was posted and available for review on Thursday, November 10, 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 November 10, 2022
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Susan Blankenship, Elected City Clerk
6 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 1
Agenda Item: Annual Police Advisory Commission Report
Executive Summary: This is the first annual report submitted to City Council for the Police Advisory Commission.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: David Stevenson, Chief of Police Responsible Staff Member: David Stevenson, Chief of Police (530) 542-6120 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01- STAFF REPORT PAC Annual Report 111522.docx
7 Council Agenda Report - November 15, 2022 Page 1 of 3 City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Police Advisory Commission Annual Report
Location: Police Department
Responsible Staff Member: David Stevenson, Chief of Police Background: The Police Advisory Commission (PAC) was formed by the City Council via resolution at the regular scheduled City Council meeting on May 18, 2021. At the City Council Meeting of August 3, 2021, 11 applications for PAC members were received and the City Council confirmed the first 5 PAC commissions as Ayana Morali, Erika Gonzales, and Tom Davis to serve 2 year terms and Claudia Anderson and Justin Zunino to serve 1 year terms (Note: Claudia Anderson and Justin Zunino were reconfirmed to 2 year terms to serve on the PAC at the City Council meeting on January 18, 2022). This report will include PAC activity from October 2021 through October 2022.

Issue and Discussion: The following is a summary of the 5 PAC meetings held during the past year and a summary of the items discussed.
 October 28, 2021 (This was the first PAC meeting)
o PAC commissioners selected Commissioner Davis to serve as Chair and Commissioner Morali to serve as Vice Chair for 2022
o City Manager Joe Irvin welcomed the commission
o Chief Stevenson provided the commission a detailed overview of the make up of the entire South Lake Tahoe Police Department
o Chief Stevenson Provided the commission a presentation of commission tasks as articulated in the resolution creating the PAC including a list of new state laws related to police accountability and transparency
o The commission agreed to meet quarterly in 2022 with meetings beginning between 4- 5pm (meetings were scheduled by the City Clerk for 2022 as 1/19, 4/6, 8/10, and 10/4 from 4pm to 6pm).
 January 19, 2022
o City emails and contact information was discussed to be created for PAC members o California AB 481 (military equipment act) was discussed in detail with commissioners and samples of qualifying equipment were brought to the meeting with support staff for examination and questions by Commissioners. A sample policy that was going to be presented to City Council per the law was also shared.
o California AB 953 “Racial and Identity Profiling Act” (RIPA) was discussed in detail and the RIPA policy and reporting requirements was shared with the commission. 8 Council Agenda Report - November 15, 2022 Page 2 of 3  April 6, 2022
o The 2021 Police Department annual report was presented to the PAC including a verbal summary of internal affairs investigations completed and outcomes for the year. o An AB 481 update was provided to Commissioners. The policy was taken to City Council as required by the law on April 5, 2022 and the military equipment policy was approved. o An update on South Tahoe Alternative Collaborative Services (STACS) was provided to the Commission. This included STACS representatives from Barton Hospital, El Dorado County Behavior Health Services, Tahoe Coalition for the Homeless, and South Lake Tahoe Fire Rescue.
o Body Worn Camera program update was provided at the request of Chair Davis. This included a review of the program, policy, and a summary of how much data has been stored to date.
 August 10, 2022
o A presentation on fentanyl and it’s impacts on the community and the police was provided at the request of Chair Davis. Det. Molesworth provided the fentanyl presentation and Senior Property/Evidence Tech Bindel demonstrated a new drug identification tool. o Commissioner Gonzales requested more demographic information be brought back for discussion regarding victims of fentanyl and suspects arrested for fentanyl. o The commission received a presentation on the addition of a police lieutenant to the police department that would have to be taken to City Council for approval on August 23, 2022.

The discussion included a list of responsibilities and other justification for the request including compliance with multiple new State laws related to policing. o Sgt. Carlquist provided the commission a presentation on the Police Department’s training and response strategies to active shooter incidents. The report included information on the “ALERRT” response training and department policy.
o The commission received a report on mid-year department crimes statistics and guns seized at the request of Chair Davis.
o After public comment Commissioner Morale and Commissioner Gonzales requested a presentation be brought for discussion on “qualified immunity” for Peace Officers. o Commissioners Morale and Gonzales also requested an agenda item be brought back for discussion on PAC meeting frequency, duration, and public participation.  October 5, 2022
o Chief Stevenson provided a follow-up presentation on fentanyl (and other drugs) including demographic information of victims and arrestees (as requested at the August 2022 meeting)
o Assistant City Attorney Dan Bardzell made a presentation on the “Qualified Immunity Legal Doctrine”
o PAC meeting frequency, duration, and public participation were discussed by the commission, and after discussion is was acknowledged that commissioners Davis, Morale, and Gonzales terms are ending in 2022 and the PAC commission can discuss the issue at it’s first meeting in 2023.

Financial Implications: The Police Advisory Commission administrative function costs are absorbed in current allocated city budget.
9 Council Agenda Report - November 15, 2022 Page 3 of 3 Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: The Police Advisory Commission operates within current City and Police Department polices.
10 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 2
Agenda Item: Annual Parks and Recreation Commission Report Executive Summary: The Parks and Recreation Commission provides recommendations to City staff and City Council for the continual improvement of recreation facilities and programs in the City of South Lake Tahoe. The Parks and Recreation Commission reports it's activities to the City Council on an annual basis. The Commission produced a summary report of specific areas of focus attached herein.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Lauren Thomaselli, Director of Parks & Recreation Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Annual Parks & Recreation Commission Report.docx 02-Parks and Rec Annual Report
11 Council Agenda Report- November 15, 2022 Page 1 of 1 City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Annual Parks and Recreation Commission Report
Location: Citywide
Responsible Staff Member: Lauren Thomaselli, Director Parks and Recreation (530) 542-6197 Background: City Council Resolution No. 2022-011 requires the Parks and Recreation Commission to report their activities to the City Council annually.

Issue and Discussion: The attached Parks and Recreation Commission Report provides a summary of the agenda items considered by the Commission during this reporting period and is submitted to the City Council for acceptance.

Financial Implications: There are no financial implications.

Policy Implications: There are no policy implications associated with the City Council accepting and filing the Annual Parks and Recreation Commission Report. 12 1
City of South Lake Tahoe Parks and Recreation Commission Annual Report
November 15, 2022
The core purpose of the Parks and Recreation Department is to provide the maximum amount of recreational opportunity to the widest variety of residents and visitors. As Parks and Recreation Commissioners we are committed to the continual improvements to the types and quality of recreational activities and to provide the City Council with our best assessment and recommendations regarding activities and facilities to serve our purpose. The Annual Report is a summary of what we have accomplished as well as projects of focus for the upcoming year. The Commissioners each serve on one or more sub-committees. The following is a summary of what has been accomplished as well as some areas of focus and projects for Council to consider supporting in 2023.

Midtown Revitalization Subcommittee Annual Report
Recreation Center – Commission members were involved in finalizing the design for the new MultiGenerational Aquatic and Recreation Center. The Commission hosted a public presentation of the plans at its April 20th meeting, in advance of the City Council’s approval of the bidding process for Phase I.

Commission members were excited to be a part of the August 2nd groundbreaking ceremony. Site clearing and underground work are now well underway. We look forward to vertical construction beginning next spring, leading to a fall 2024 grand opening.

Champions Plaza – In 2021, the Commission recommended David A. Jack for inclusion in Champions Plaza. Mr. Jack is a wrestler who has had significant success and achievements at the high school, collegiate, and international levels. An induction ceremony was held on April 7, 2022.

In 2022, the Commission recommended the addition of Jerod Haase to Champions Plaza. Mr. Haase won a state basketball championship (and was named Player of the Year) with South Tahoe High School. At the college level, he had a successful playing career and then went on to coaching. He was assistant coach for an NCAA champion team. He has held several head coaching positions and is currently head coach for men’s basketball at Stanford. A spring 2023 induction ceremony will be scheduled.

More information can be found on the program’s city web page at Champions Plaza | South Lake Tahoe, CA - Official Website (cityofslt.us)
Additional Midtown Recreational Activities – Midtown’s recreational amenities, especially Lakeview Commons and Regan Beach, continue to provide high value recreational opportunities to South Lake Tahoe’s locals and visitors, supported by various City-sponsored or supported efforts. A food concessionaire was again active at the Commons. The Thursday Live at Lakeview concerts resumed. The City held a 4th of July parade through the Midtown area. A second annual winter wonderland experience is also planned for Midtown in December 2022. These activities all enhance the recreational potential of the public and lakefront areas of Midtown. Unfortunately due to continued drought conditions the Lakeview Commons boat ramp launch area was unable to open for the 2022 season; it is hopeful that with good precipitation in the winter of 2022-23 this popular amenity will be reopened for the summer 2023 season.

Finally, the City’s park ranger program provided ambassadors who can provide educational and informative services and a monitoring presence, assisting in park maintenance and management throughout the city, but especially at highly visible and used facilities such as Reagan Beach and 13 2
Lakeview Commons. This along with additional city-supported measures to better maintain traffic to and use of these beaches and public areas will allow for a better experience for both locals and visitors.

Recreation and Equitable Access Subcommittee Annual Report The Recreation and Equitable Access subcommittee seeks to promote equitable access to recreation for underserved and under resourced populations. The City Parks and Recreation Department brought back the Junior Giants program to South Lake Tahoe giving kids and parents the chance to participate in youth baseball at no cost. A total of 170 children ages 5 to 12 participated in the 10-week Junior Giants program between June and August. Two local teams were invited to the Junior Giants Festival at Oracle Park at the end of the season as a reward for completing the summer reading challenge.

Additionally, the subcommittee is still focused on helping staff develop a low to no-cost recreation gear program for qualified families. A new low-income fee for the Recreation Center was adopted by the City Council with the annual review of the master fee schedule in March. The subcommittee is also in conversation with the Lake Tahoe Bicycle Coalition and South Lake Tahoe Police Department to evaluate opportunities to establish a gear program in tandem with these two organizations.

Bijou Area Plan Subcommittee Annual Report
As the largest and centrally located park within the City, Bijou Community Park has felt the impacts of a significant increase in usage in the last two years. With the 56 Acre Master Plan well underway, and the Bijou/Al Tahoe Area Plan under consideration, the Commission is pleased to know the City is making strides towards this effort and look forward to being included throughout the entire process.

Current Status of the Plan is as follows: The Bijou Park Master Plan will be undertaken as part of the Bijou/Al Tahoe Area Plan. In August the City Council approved ARPA funding and a Senior Planner position to function as a project manager for our Area Plan work. At the time of this report, a requisition to begin the hiring process has been submitted to Human Resources and is pending . Once the position is filled Development Services will begin work on the Bijou/Al Tahoe Area Plan and the Bijou Park Master Plan, which will include community engagement and outreach. To boost needed improvements to Bijou Park amenities, ARPA funding was identified for skatepark renovations and Bike Park improvements to the BMX track.

Programming notes include a very successful movies in the park program in July and the reopening of Bijou Golf Course with a three year parking agreement in place. The commissioners encourage the City to negotiate each year with the owner of parking for the Bijou Golf Course for the third year of the contract to keep a smooth running of the Bijou Golf Course.

Bike Mobility and Connectivity
The City recently completed the Y to Viking Road bike path, which closes a major gap in the bike network between the City and Meyers. The path will also provide a critical connection for students to bike and walk safely to the high school. In the next few years, the City will be working on the Greenway 1c segment between Ski Run Blvd and Herbert Ave, the Tahoe Valley Greenbelt bike path connections, Palmira Ave connector, and the Bijou Bike Park to Greenway connector. The Parks and Recreation Bike Mobility and Connectivity sub-committee is looking forward to working with City staff and the Bicycle Advisory Committee to advocate for these projects and see them through to the finish line.
14 3
Additionally, with the upcoming connection to the Greenway from Al Tahoe at Johnson Blvd through Bijou Park we would like to emphasize the importance of the Bijou Park Master Plan and look forward to participating in that planning process.

Respectfully Submitted:

Greg Bergner
Jerry Bindel - Chair
David Gregorich Vice-Chair
Margie Kovarik
Kira Smith
15 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 3
Agenda Item: Annual Independent Citizens' Oversight Committee (Measure P) Report Executive Summary: The Measure P Citizens Oversight Committee reviews and reports on the use of South Lake Tahoe Measure P funds for the design and construction of the new recreation complex. The committee, through its chair, shall provide an annual report and recommendations to City Council. The annual report is summarized in the staff report attached herein.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Lauren Thomaselli, Director of Parks & Recreation and Olga Tikhomoirova, Director of Finance
Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation (530) 542-6197 Olga Tikhomoirova, Director of Finance (530) 542-7431
Reviewed and Approved By:

Susan Blankenship, City Clerk
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Annual Independent Citizens' Oversight Committee (Measure P) Report.docx 16 Council Agenda Report- November 15, 2022 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Annual Independent Citizens’ Oversight Committee (Measure P) Report Location: Citywide
Responsible Staff Member: Lauren Thomaselli, Director Parks and Recreation (530) 542-6197 Olga Tikhomirova, Finance Director (530) 542- 7431
Background: City Council Resolution No. 2019-088 requires the Measure P Citizens Oversight Committee to report their activities to the City Council annually.

Issue and Discussion: The Measure P Citizens Oversight Committee met one time on June 16, 2022, at 1:00pm at the South Lake Tahoe Boys and Girls Club to review the City’s upcoming plans for the new recreation and aquatics complex construction project. All members of the committee were in attendance including; Jerry Bindel, David Gregorich, Jude Wood, Christi Wilson, and Marissa Fox. Also in attendance were City staff members Jim Marino, CIP project manager, Olga Tikhomirova, Finance Director and Lauren Thomaselli, Parks and Recreation Director. The meeting included the following discussion topics:

A.) Current Measure P fund balance and bonding updates
B.) 2022 Site utility contractor selection process, awarding of phase 1 of project C.) Recommendation for amendment to existing contracts with JKAE for Construction Admin Services (phase 1 and 2) and SierraCon/Core for Construction Engineering Services (phase 1)
D.) Update on current status of new recreation and aquatics center design.

Measure P oversight committee meets at least once per year and as needed pending the City’s anticipated expenditure of funds throughout the construction process.

Financial Implications: The committee reviewed the Measure P revenue to date, the GL transaction detail report and verified all expenditures are consistent with the intended purpose of Measure P special revenue funds.

Environmental Considerations: The submittal of the annual report to the City Council is exempt from environmental review pursuant to CEQA Guidelines Section 15061 (b) (3). The activity is covered by the common-sense exemption that CEQA only applies to projects which 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.
17 Council Agenda Report- November 15, 2022 Page 2 of 2 Policy Implications: There are no policy implications associated with the City Council accepting and filing the Annual Independent Citizens’ Oversight Committee (Measure P) Report. 18 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 4
Agenda Item: Annual Planning Commission and Airport Land Use Commission Report Executive Summary: The Planning Commission is appointed by the City Council to review growth and development in South Lake Tahoe. Projects are brought before the Commission and are evaluated for consistency with the City’s General Plan and applicable area plans. The Planning Commission reports its activities to City Council annually. This report is a compilation of all the items brought before and acted upon by the Planning Commission from October 14, 2021, through September 15, 2022.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Anna Kashuba, Associate Planner Responsible Staff Member: Anna Kashuba, Assistant Planner (530-542-7405) Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Planning Commission and ALUC Annual Report.docx 02-Attachment A.docx
19 Annual Planning Commission Report November 15, 2022 Page 1 of 6 City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Annual Planning Commission and Airport Land Use Commission Report to City Council
Location: Citywide
Responsible Staff Member: Anna Kashuba, Assistant Planner (530-542-7405) Background:

The City of South Lake Tahoe Planning Commission is composed of five (5) citizens appointed by the City Council. On January 18, 2022, City Council appointed Gavin Feiger and Keith Roberts to 2-year terms on the Planning Commission. Douglas Williams, Kili Rahbek, and Natalia Wieczorek’s terms shall expire in February 2023. At the February 10, 2022 meeting, Kili Rahbek was selected by fellow commissioners to serve as Chair and Douglas Williams was selected as Vice Chair. These positions shall be held for one year.

The Planning Commission is the official planning body for the review of future growth and development of the City of South Lake Tahoe pursuant to the roles and responsibilities identified in Resolution No. 2017-28. Upon making any decision or recommendation, the Commission must find project proposals to be consistent with the policies and standards adopted in the City’s General Plan, applicable Area or Community Plan, and City Code.

Members of the Planning Commission, plus two appointed members make up the Lake Tahoe Airport Land Use Commission (ALUC). The ALUC is responsible for adopting the Airport Land Use Compatibility Plan and reviewing projects in the vicinity of the Lake Tahoe Airport for land use compatibility. Currently serving on the ALUC are Nicholas Speal and Stacey Ballard, whose terms expire in February 2023..

City Council Resolution No. 20122-011 requires the Planning Commission and Airport Land Use Commission to report their activities to the City Council on an annual basis.

The previous report covered the period between October 8, 2020 and September 16, 2021. It was submitted to the Planning Commission on October 14, 2021, and to the City Council on November 2, 2021.

This report covers the period of October 14, 2021, through September 15, 2022. This report was given to the South Lake Tahoe Planning Commission on October 13, 2022. 20 Planning Commission Annual Report November 15, 2022 Page 2 of 6 The commission passed Resolution 2022-019, recommending that City Council approve and file the report.

Issue and Discussion:

Since the last report, the Planning Commission has held eight (8) regularly scheduled meetings. The meetings scheduled for January 13, 2022; April 21, 2022; and May 12, 2022, were cancelled. Items on these meetings’ agendas were heard at the subsequent regularly scheduled meetings. No meeting was scheduled for July 2022. There were no meetings of the ALUC as none of the projects brought forth required their review.

Design reviews and presentations were brought before the Planning Commission most frequently, followed by special use permits. Other items heard during this reporting period were amendments, ordinances, and variances. One tentative map and one cannabis use permit were heard as well.

See Attachment A for exact numbers
The following is a list of items heard and acted upon by the Commission at each meeting:

October 14, 2021
 Passed Motion 2021-011 to approve the Annual Planning Commission and Airport Land Use Commission Report to City Council.
 Received a presentation on the General Plan Housing Element Update Workshop and provided feedback to staff.
 Passed Resolution 2021-13 approving the Tahoe Valley at Barton multi-family dwelling project Major Design Review Permit and TRPA Multi-Family Permit.

Total Items Heard
Reports and Presentations Design Review Special Use
Amendment Ordinance Tentative Map
Cannabis Use Permit Variance Permit Revisions
21 Planning Commission Annual Report November 15, 2022 Page 3 of 6  Passed Resolution 2021-14 recommending City Council adopt the Tourist Core Area Plan/Specific Amendments, Initial Study/Negative Declaration, and recommending City Council adopt the Tourist Core Area Plan/Specific Plan Amendments.

November 18, 2021
 Received a presentation on the Bijou/Al Tahoe Community Plan Amendment Initial Study/Negative Declaration and Initial Environmental Checklist  Passed Resolution 2021-15 approving a Design Review Revision and TRPA Permit for a commercial/residential mixed-use project at 941 Emerald Bay Road (File # 20-067).

December 16, 2021
 Pass a Resolution recommending that the City Council find that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance; amending City Code sections 6.85.030.A.2.p and

6.85.050.F.4; and adopting an ordinance creating City Code Section 6.85.060 to establish requirements for movable tiny homes with the following revisions:
prohibit use in multi-family projects, solid and fixed skirting, and auxiliary structures detached.
 Pass a Resolution approving a Major Design Review Permit and TRPA Permit for a professional office remodel project at 2877 Lake Tahoe Blvd. (File #21- 139).
 Received a presentation on the City of South Lake Tahoe Multi-Generational Recreation and Aquatic Center.
 Passed Resolution 2021-18 recommending that the City Council adopt the IS/ND/IEC and the Bijou/Al Tahoe Community Plan/Specific Plan Amendments.  Passed Resolution 2021-19 establishing the date, time, and place of regular Planning Commission meetings for 2022.

January 13, 2022
 Meeting cancelled.

February 10, 2022
 The City Clerk administered the Oath of Office to Commissioner Roberts.  Presented proclamation recognizing Mason Hibbard and honouring him for outstanding service to the City of South Lake Tahoe.
 Passed a Motion to postpone selecting a Chair and Vice Chair for the year 2022 to March 10, 2022, Planning Commission Meeting.
 Received a presentation on the General Plan Housing Element Workshop. 22 Planning Commission Annual Report November 15, 2022 Page 4 of 6  Passed Resolution 2022-001 recommending that City Council Adopt an Ordinance Amending Article X of Chapter 6.55 (Cannabis Regulations), to Allow On-Site Consumption at Cannabis Retailers, Increase Allowed Canopy Size of Indoor Cultivation to 22,000 Square Feet, and Allow Owners and Operators to Hold More than One Non-Retail Permit with the addition of stronger renewable energy and efficiency requirements equal to or above state regulations.  Passed Resolution 2022-002 approving a Major Design Review, TRPA Permit, and Tentative Map for a multi-family project at 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue, File #21-142
March 10, 2022
 Passed Motion 2022-05 selecting Commissioner Rahbeck as Chair and Commissioner Williams as Vice Chair for the year 2022.
 Passed Resolution 2022-03 recommending the City Council approve the Tentative Subdivision Map. for 3708 Lake Tahoe Boulevard and 3709 Osgood Avenue Town Homes, File #21-142.
 Passed Resolution 2022-04 recommending City Council acceptance of the General Plan Annual Report for 2021.
 Passed Resolution 2022-06 approving a Cannabis Use Permit Application for a Microbusiness at 3443 Lake Tahoe Boulevard.
 Passed Resolution 2022-07 approving the Design Review Permit and Special Use Permit for the South Lake Tahoe Recreation and Aquatics Center April 21, 2022
 Meeting cancelled.

May 12, 2022
 Meeting cancelled due to internet connection issues.

June 16, 2022
 Passed Resolution 2022-008 recommending that the City Council adopt the Addendum to the General Plan EIR for the 2022-2027 Housing Element Update and amend the City General Plan by adopting the City of South Lake Tahoe 2022-2027 Housing Element.
 Passed Resolution 2022-009 recommending that the City Council of the City of South Lake Tahoe confirm the Final Delinquent Fees Report (Exhibit A) and direct the Finance Department to send a certified copy of the Report to the El Dorado County Auditor-Controller to add the delinquent amounts to the county property tax rolls for collection.
 Received a presentation on application by HVR Acquisitions LLC to amend the Tourist Core Area Plan/Specific Plan Zoning and Initial Study/Mitigated Negative 23 Planning Commission Annual Report November 15, 2022 Page 5 of 6 Declaration for APN 029-441-024 to be changed from Recreation to Tourist Center Mixed-Use
 Passed Resolution 2022-010 approving City and TRPA Special Use Permits for Desolation Athletic Fitness located at 3668 Lake Tahoe Boulevard, Unit F.

July 2021
 No meeting scheduled.

August 18, 2022
 Continued a major design review, special use permit, and variance for 4104 Lakeshore Boulevard, File #20-114, APN 029-602-013 to October 13, 2022 Planning Commission meeting.
 Continued City and TRPA Design Review and Special Use Permits for Kent Wine Tasting at 821 Stateline Avenue (APN 029-010-015) to an uncertain date.  Passed a Resolution Approving City and TRPA Special Use Permits for Tahoe Slush located at 3668 Lake Tahoe Boulevard, Unit K.
 Passed a Resolution 2022-012 issuing a special use and design review permit for A Ghost Kitchen (File No. 22-084) mixed-use project at 1022 Fairway Ave  Passed Resolution 2022-013 approving a Major Design Review and TRPA Permit for the Ski Run Park.

September 15, 2022
 Continued a Tourist Core Area Plan Amendment to rezone a portion of 3794 Montreal Rd. (APN 029-441-024) from Recreation District to Tourist Center Mixed-Use District.
 Passed Resolution 22-014 approving Major Design Review Permit, Special Use Permit, and Variance for The Landing at Tahoe Resort and Spa cabins addition, 4104 Lakeshore Blvd. This project was appealed. On November 1, 2022 City Council shall hear the appeal and approve or deny it.
 Passed Resolution 22-015 approving a Major Variance at 4051 Saddle Rd. (APN 028-152-020).
 Approved a permit revision to Major Design Review and Special Use Permit #19-126.

Financial Implications:There are no financial implications associated with City Council accepting and filing the Annual Planning Commission and Airport Land Use Commission Report.

Environmental Considerations:The action to accept the Annual Planning Commission and Airport Land Use Commission Report is exempt from environmental review pursuant to CEQA Guidelines §15061(b)(3). The activity is covered by the common 24 Planning Commission Annual Report November 15, 2022 Page 6 of 6 sense exemption that CEQA applies only to projects which 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.

Policy Implications:

There are no policy implications associated with the City Council accepting and filing the Annual Planning Commission and Airport Land Use Commission Report. Pursuant to City Council Resolution No. 2022-011, the Planning Commission and Airport Land Use Commission are reporting activities to the City Council as required in the adopted resolution.
25 Attachment A
2021-2022 Annual Planning Commission Report
Passed
Reports and Presentations
Design Review
Special Use
Amendment
Ordinance
Tentative Map
Cannabis Use Permit
Variance
Continued
Reports and Presentations Design Review
Special Use Amendment
Ordinance Tentative Map
Cannabis Use Permit Variance
Permit Revisions
Action
Reports and
Presentations
Design
Review
Special
Use Amendment Ordinance
Tentative
Map
Cannabis Use
Permit Variance
Permit
Revisions
Passed 3 8 4 3 2 1 1 2 2
Denied
Continued 1 1 1
No Action
Required 6
Total Items
Heard* 9 9 5 4 2 1 1 2 2
*Totals represent project types, not individual projects. Projects often fall under multiple categories. For example, a project may require a design review, special use permit, and a variance. Though under one project/permit, each of these aspects is considered individually by the Planning Commission. Twelve (12) projects total made up design reviews, special use permits, tentative maps, and variances. Permit revisions were made to previously approved projects and do not represent additional projects. One project consisting of a design review, special use, and variance that was approved by the Planning Commission was appealed. The appeal will be heard by City Council on November 1, 2022. 26 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 5
Agenda Item: Annual Arts Culture and Tourism Commission Report Executive Summary: The Arts, Culture, and Tourism Commission acts in an advisory capacity to the City Council to review proposed policies for arts, culture, and tourism programs and report findings. The Commission also reviews proposed public arts projects and makes recommendations for appropriation of funds for specific projects. The commission operates with the purpose of expanding these services along with providing enriching experiences for visitors as well as residents. The Arts, Culture, and Tourism Commission reports it's activities to the City Council on an annual basis. The Commission produces a summary report of specific areas of focus and accomplishments attached herein.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: Kelly Edwards, Recreation Manager Responsible Staff Member: Kelley Edwards, Recreation Manager (530) 542-6059 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Annual Arts, Culture & Tourism Commission Report.docx 02-ACT Annual Report
27 Council Agenda Report- November 15, 2022 Page 1 of 1 City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Annual Arts Culture and Tourism Commission Report Location: Citywide
Responsible Staff Member: Kelley Edwards, Recreation Manager (530) 542-6059 Background: City Council Resolution No. 2022-011 requires the Arts Culture and Tourism Commission to report their activities to City Council annually.

Issue and Discussion: The attached Arts Culture and Tourism Commission Annual Report provides a summary of the agenda items considered by the commission during this reporting period and is submitted to the City Council for acceptance.

Financial Implications: There are no financial implications.

Policy Implications: There are no policy implications associated with the City Council accepting and filing the annual Arts Culture and Tourism Commission Report. 28 1
City of South Lake Tahoe Arts Culture and Tourism Commission Annual Report
November 15, 2022
The Arts, Culture, and Tourism, (ACT) Commission acts in an advisory capacity to the City Council to review proposed policies for arts, culture, and tourism programs and report findings. The Commission also reviews proposed public arts projects and makes recommendations for appropriation of funds for specific projects. The Commission operates with the purpose of expanding these services to provide enriching experiences for visitors and residents. This Annual Report is a summary of what the ACT Commission has accomplished, as well as projects the Commission will be addressing in the upcoming year.

Mission Vision Values Goals Subcommittee Update
The first goal of this newly formed commission was to define their identity through the creation of a distinct ACT Commission mission, vision, values, and goals. Through subcommittee, they researched and drafted the statement that was reviewed and unanimously approved by all commissioners.

Through the adoption of the mission, vision, values, and goals, commissioners are provided with direction that keep current and future commissioners focused and aligned. The approved ACT Commission mission, vision, values, and goals are listed below.

Mission
The South Lake Tahoe Arts, Culture, and Tourism Commission believes in shaping cultural policy and ensuring equitable access to diverse arts and cultural programing as an asset for community vitality and economic prosperity for residents and visitors alike.

Vision
The South Lake Tahoe Arts, Culture, and Tourism Commission envisions the arts as a catalyst to cultivate the creative cultural and aesthetic landscape of South Lake Tahoe.

Core Values

1. Local Artistic Representation: Foster a creative landscape of equitable representation that reflects the spirit of those who live, work, and play here.

2. Tahoe Experience: Leverage art and culture as a community building force to enhance South Lake Tahoe’s artistic fingerprint and civic vitality, celebrating the community we inhabit.

3. Artistic Excellence: Ensure Public Art is created by skilled, experienced artists who demonstrate a unique and authentic design aesthetic.

4. Interagency Collaboration: Encourage collaboration amongst South Lake Tahoe’s business community, cultural organizations, and events, ensuring a dynamic artistic process exists for creative placemaking as a tool for uniting the local community and generating civic engagement and cultural momentum.

5. Economic Vitality: Guarantee an equitable financial wage framework, which supports a competitive living and fair market wage for artists.

Goals

1. Create an Arts, Culture, and Tourism Master Plan.

2. Identify funding sources and suitable sites and venues for public art and cultural projects, activities, and future event planning.
29 2

3. Create a racial equity statement, examine policy, and seek to enhance and provide inclusive and diverse opportunities in our arts programming for local artists.

4. Facilitate cultural stewardship for visitors and locals, fostering our contemporary culture and celebrating our region's history.

5. Promote social change through art projects and cultural events for both a healthy community and a thriving tourist economy.

6. Remodel the City’s Public Art Request for Proposals process and streamline Development Services processes.

Community Engagement-Outreach Subcommittee Update
Commissioners researched and drafted a statement to key stakeholders and a list of stakeholders that could assist with community engagement, outreach, and provide feedback on the ACT Commission master plan. Information was reviewed and edited by all commissioners. With the survey results finalized and presented at the Nov. 8 ACT Commission meeting, the subcommittee will begin community engagement and outreach efforts.

RFP and Public Art Review Subcommittee Update
Commissioners reviewed the City’s current RFP process for public art projects, historical RFPs, and saw a need for revisions. Commissioners also researched the RFP process of other municipalities for reference.

Commissioners will review, edit, and streamline the city’s RFP process for Arts, Culture and Tourism specific projects moving forward. Additional work will be done on this subcommittee in upcoming years.

ACT Commission Notable Accomplishments
 Approved the request from the Tahoe Art League for $5,000 of additional funding for the expansion of square footage of the publicly visible art mural, to be located at 2556 Lake Tahoe Blvd.
 Approved the Publicly Visible Art Application submitted by the Tahoe Art League, issuing a Publicly Visible Art Permit for the mural at 2556 Lake Tahoe Blvd (back of Blue Dog Pizza).  Passed a motion recommending the City Council (1) adopt a new art review policy for publicly visible art; and (2) adopt an amendment to the City’s Master Fee Schedule for a $0 application fee for publicly visible murals and a $250 application fee for all other publicly visible art.  Approved the Arts, Culture, and Tourism Survey, to seek community input on future Arts, Culture, and Tourism projects in the city. The public survey closed October 31 and results were shared at the Nov. 8 ACT Commission meeting. The results will inform the development of the Arts Master Plan.
 Commission successfully established affiliation with representative Terry LeMoncheck of Arts and Culture El Dorado, leading to the creation of the Sierra Sampler, showcasing South Lake Tahoe arts and cultural offerings in El Dorado County. This partnership is also working toward targeted funding opportunities with California Creative Corps, an El Dorado County Arts Incubator 501c3 program, for new and exciting arts nonprofit assistance for South Lake Tahoe residents. Arts and Culture El Dorado wrote an exposé about the ACT Commission in the Arts:99 magazine.
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 Commission received presentations from: Arts and Culture El Dorado, Sphere of Influence, South Tahoe Non-Profit Youth Outreach Team; Lake Tahoe Veterans Alliance; and Tahoe Art League.

Respectfully Submitted:

Chair Eleanor Brennan - Chair
Vice-Chair Bryan Yerian – Vice Chair
Commissioner Stacey Ballard
Commissioner Scott Forrest
Commissioner David Hamilton
Non-voting Representative, Tony Lyle
31 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 6
Agenda Item: Sale of Surplus Property
Executive Summary: Fleet Services has evaluated the City's current inventory of vehicles and equipment and generated a list of items for auction. Fleet Services has provided the rationale for declaring the listed items as surplus and directing the sale of City assets. The items listed have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy allows for the sale to the public of items and vehicles that are deemed surplus or have reached the end of their lifecycle. Staff is requesting the City Council pass the attached resolution directing the sale of vehicles, equipment, and other assets.

Requested Action / Suggested Motions: Pass a Resolution declaring certain vehicles and equipment as surplus and directing the sale of vehicles, equipment and other City assets.

Responsible Staff Member: Anush Nejad, Director of Public Works and Phil Harwood, Fleet Supervisor Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031 and Phil Harwood, Fleet Supervisor (530) 542-6086
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Surplus Property Sale.docx
02 - Resolution for Surplus Vehicles.docx
03 - Exhibit A to Reso.docx
32 Council Agenda Report November 15, 2022 Page 1 of 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Surplus Property
Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works - (530) 542-6031 Phil Harwood, Fleet Supervisor (530) 542-6086
Background: Fleet Services has evaluated the listed items and provided the rationale that the items have reached the end of their serviceable lifecycle or are otherwise not repairable. The adopted surplus policy (within Financial Policies: Preserving Capital Investments – Fixed Assets Capitalization and Inventory Control Policy) allows for the sale of public items and vehicles that are deemed surplus or have reached the end of their lifecycle (See Exhibit A).

Issue and Discussion: The attached listing of proposed auction items includes a list of vehicles along with a brief justification for the recommendation to dispose of each asset. Along with the various vehicles and equipment, is the request to dispose of various small tools, surplus items from warehouse stock, and other items of lesser value that reached their service life and/or have become inoperable.

Financial Implications: Auction proceeds generate revenue and will be used to offset the cost to purchase vehicles and/or equipment in the FY 2022/23 budget year. Fleet Services uses large cooperative governmental auctions. These auctions historically return higher proceeds and offer greater accountability.

Environmental Considerations: The sale of Surplus Property 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 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.

Policy Implications: Proceeds from the proposed auction will be used to purchase replacement assets, lowering the overall cost of replacements. Replacing old vehicles and equipment lowers maintenance & supply costs. New equipment designs often improve efficiencies and the reduced maintenance downtime will reduce labor hours required for maintenance and increase the availability of equipment, also lowering costs. 33 Resolution 2022-XXX November 15, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
Declaring certain vehicles and equipment as surplus and directing the Sale of Vehicles, Equipment, and other City Assets

BACKGROUND
A. In the listing attached hereto as Exhibit A, Fleet Services has evaluated the listed items and provided the rationale that the items have reached the end of their serviceable lifecycle.

B. The attached listing was reviewed by the Fleet Supervisor and the Director of Public Works, and it was determined to be in the interest of the City that these items be auctioned.

C. The adopted surplus policy allows for the sale of public items and vehicles that are deemed surplus and/or have reached the end of their serviceable lifecycle.

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

Approves and direct the Fleet Supervisor to sell the items on Exhibit A in a public governmental contracted auction.

Adopted by the City of South Lake Tahoe City Council on November 15, 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.
34 EXHIBIT A - AUCTION LIST 2022

1. Unit 6291 - Year 1991 Jeep Cherokee miles 92,403. Beyond service life.

2. Unit 9150 - Year 1989 Wirtgen SF1000 hours 1,411. Beyond service life. Was replaced with new Asphalt Zipper.

3. Unit 2100 - Year 1991 Ford E-250 Van miles 40,000. Beyond service life was replaced with newer unit.

4. Unit 9080 - Year 1999 Propaver 813RT hours 1,406. Beyond service life new unit on order.

5. Unit 1248 - Year 2000 Ford Expedition miles 152,824. Beyond service life.

6. Unit 1213 - Year 2004 Chevrolet Cavalier miles 28,520. Beyond service life was a CNG vehicle tank is out of date.

7. Unit 5050 - Year 1994 Komatsu loader WA320 hours 6,011. Beyond service life hydraulics are very weak.

8. Unit 2131 - Year 2001 Dodge Ram 2500 miles 79,000. Beyond service life plus transmission problems.

9. Unit 2105 - Year 1995 Ford F-250 miles 210,338. Beyond service life.

10. Unit 1006 - Year 2015 Meyer MDV sander bed. Beyond service life.

11. Unit 9003 - Year 2003 Haul mark trailer. Beyond service life cost of repair exceeds value.

12. Unit 4027 - Year 2008 Tymco DST-600 street sweeper. Beyond service life and noncompliant with CARB.

13. Unit 4013 - Year 1999 Morton 127P paint truck hours 9,065. Beyond service life. Was replaced with new unit.

14. One pallet of used weed eaters and old chain saws. Beyond service life.

15. One pallet of used generators non-operational. Beyond service life.

16. Air compressor Dayton non-operational. Beyond service life.

17. Reechcraft power lift PL60 man lift. No longer used by the City.

18. One pallet of used power saws and worn tools.
35 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 7
Agenda Item: Purchase of Caterpillar Street Roller for $74,421.07 Executive Summary: City Council formally adopted the FY 22-23 annual budget at the August 23, 2022, meeting. Within the budget adoption, City Council appropriated funds to purchase several vehicles and pieces of equipment for the Department of Public Works and Streets Division. The proposed purchase is for a pavement roller for street repair and maintenance. The proposed vehicle is sourced through a cooperative purchasing agreement.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the City Manager to execute a purchase order for one Caterpillar three (3) ton Street Roller from the National Auto Fleet Group via Cooperative Purchasing Contract in the amount of $74,421.07 for use in the Streets Division for Street Pavement Repair and Maintenance.

Responsible Staff Members: Anush Nejad, Director of Public Work, and Phil Harwood, Fleet Supervisor Responsible Staff Member: Anush Nejad, Director of Public Work (530) 542-6031 Phil Harwood, Fleet Supervisor (530) 542-6086
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Pavement Roller.docx
02 - Holt of California Quote and Agreement.pdf
36 Council Agenda Report- November 15, 2022 Page 1 of 2 City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Purchase of a Pavement Roller for the Street Division Location: Citywide
Responsible Staff Member: Anush Nejad, Director of Public Work – (530) 542-6031 Phil Harwood, Fleet Supervisor – (530) 542-6086
Background: City Council formally adopted the FY 22-23 annual budget at the August 23, 2022, meeting. Within the budget adoption, there was the appropriation to purchase several vehicles and pieces of equipment for the Department of Public Works and Streets Division. The proposed purchase is for a pavement roller for the Streets Division for pavement repair and maintenance.

Issue and Discussion: The proposed vehicle and equipment are sourced through the cooperative purchasing agreement with the respective manufacturers/dealers. The financial Implications section below outlines the purchase cost and funding source. Attachment 02 details the quote and agreement.

The pavement roller is a 2.7 to 3-metric-ton compactor with 47-inch drums. It's a versatile machine that can be used as the only vibratory roller on small-sized jobs or on larger jobs as a support roller for high-production rollers. Its high amplitude and drum width give it the capacity to achieve a tons-per-day production rate that makes it an excellent match for shoulders, parking lots, lane additions, or other similar-sized jobs. With this equipment, the City intends to perform more pavement repair and maintenance in-house.

Financial Implications: The purchase of the vehicles and equipment will be secured through Vehicle Replacement account 210-03010-46130 (Vehicles). The current available unencumbered budget as of October 31, 2022, in this account is $600,086. The proposed equipment’s total cost is $74,421.07, which is within the current available account budget balance.

Environmental Considerations: This purchase is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(2) (continuing administrative or maintenance activities, such as purchases for supplies) Policy Implications: Strategy EV-2 in the Climate Action Plan adopted by City Council on October 20, 2020, states that the city will “convert public agency fleets to electric vehicles (EV) or alternative fuels.” There are no EV products for this type of equipment.

The purchase of the vehicles contemplated herein will be via Cooperative Purchasing Contract.

The City Code Section 3.45.090 allows for Cooperative Purchasing: “Where another governmental agency performs a solicitation and/or bid process for the city and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies, and equipment is based on an 37 Council Agenda Report- November 15, 2022 Page 2 of 2 agreement or cooperative purchasing program pursuant to authority granted by statute or ordinance, pursuant to a contractual arrangement between the city and said the governmental agency, or pursuant to a determination by the city manager that the governmental agency conducted a competitive bidding process, the city may purchase materials, supplies and equipment based upon the governmental agency’s solicitation and/or bid process without complying with the bidding requirements of this chapter. (Ord. 1069 § 1 (Exh. A); Ord. 1109 § 1 (Exh. A). Code 1997 § 22-8)”
38 39
40 41
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 8
Agenda Item: Ordinance Adopting 2022 California Building Standards Code (Second Reading) Executive Summary: The California State Building Codes (California Code of Regulations Title 24) will be updated as of January 1, 2023. Modifications to the South Lake Tahoe City Code are needed to comply with the State's updated building safety requirements. State law provides the opportunity for local government to either adopt the state's building code standards or to review and modify them, provided that the changes made are supported by findings that the changes are reasonably necessary because of local climatic, geological, or topographical conditions.

Requested Action / Suggested Motions: Pass 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.

Responsible Staff Members: Ron Beehler, Interim Building Official and Hilary Roverud, Director of Development Services
Responsible Staff Member: Ron Beehler, Interim Building Official (530) 542-6015 Hilary Roverud, Director of Development Services (530) 542-6024 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Ordinance Building Regulations.docx
02-Ordinance
03-Exhibit A to Ordinance
04-Proof of Publication.pdf
42 Council Agenda Report November 15, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Ordinance Adopting 2022 California Building Standards Code (Second Reading) Location: Citywide
Responsible Staff Member: Ron Beehler, Interim Building Official Background: The 2022 California Building Standards Codes (CBSC), which includes the Fire Code, becomes effective in California cities on January 1, 2023. Typically, every three years, the California Building Standards Commission reviews and revises the California Building, Fire, Plumbing, Mechanical, Residential, Green Building and Electrical Codes.

California Health and Safety Code Section 17958 requires local agencies to adopt the building standards contained in these uniform statewide codes but allows cities to modify the codes to reflect local conditions. The City of South Lake Tahoe adopted its current codes, incorporating and modifying the 2019 California Building Standards Code in December 2019.

On October 4, 2022, City Council passed a motion by a vote of 5-0 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 meeting.
.

Issue and Discussion: Modifications to the South Lake Tahoe City Code are needed to comply with the State’s updated building safety requirements. State law provides the opportunity for local government to either adopt the state’s building standards or to review and modify them, provided that the changes to state law made by cities and counties impose equal or more restrictive requirements.

The building related codes that will be adopted by reference in the proposed ordinance are:
 2022 California Building Code – CCR Title 24 Part 2
 2022 California Residential Code – CCR Title 24 Part 2.5  2022 California Electrical Code – CCR Title 24 Part 3  2022 California Mechanical Code – CCR Title 24 Part 4  2022 California Plumbing Code – CCR Title 24 Part 5
 2022 California Energy Code – CCR Title 24 Part 6
 2022 California Historical Building Code – CCR Title 24 Part 8  2022 California Fire Code – CCR Title 24 Part 9
 2022 California Existing Building Code – CCR Title 24 Part 10 43 Council Agenda Report November 15, 2022 Page 2
of 2
 2022 California Green Building Standards Code – CCR Title 24 Part 11  2021 International Swimming Pool, Spa and Hot Tub Code  2021 International Property Maintenance Code
The attached proposed ordinance adopting the 2022 CBSC represents a continuation of existing City practice with regard to local modifications. It revalidates and readopts the City’s current local amendments which includes the City of South Lake Tahoe’s minor modifications due to local climatic, geologic, and topographic conditions, and minor administrative changes.

Financial Implications: There are no City financial implications from the proposed amendments. Any costs associated with staff time preparing the code amendments are negated by the collection of building permit fees. No additional funding is necessary.

Environmental Considerations: This project is exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3), Review for Exemption; in that it can be seen with certainty that there is no possibility for these actions to have a significant effect on the environment.

Policy Implications: State law requires that the local agency adopt findings for any local modifications to the building standards contained in the CBSC. These findings are included in the attached ordinance.
44 Ordinance 2022-XXX November 15, 2022 Page 1 of 2
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
An Ordinance amending the 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 Green Building Code, Building Code, Fire Code, and related Construction Codes.

FINDINGS
A. The 2022 California Building Standards Codes (CBSC) becomes effective in California cities on January 1, 2023.

B. California Health and Safety Code Section 17958 requires local agencies to adopt the building standards contained in these uniform statewide codes but allows cities to modify the codes to reflect local conditions.

C. The City of South Lake Tahoe has adopted amendments to the CBSC in the past based on specific findings of local geographic, topographic and climatic conditions.

D. The provisions of this Ordinance establishing certain more restrictive standards than the California Codes will better serve to prevent or minimize structural damage resulting from local conditions.

E. Additional findings with respect to certain amendments to the California Codes are as set forth in specific Code sections.

F. The Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist.

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

SECTION 1. Enactment. Title 6, Chapter 6.15 Building Regulations, Articles I-IV of the City Code is amended as set forth in Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 2. Severability. 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 competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that wit would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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

SECTION 4. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
45 Ordinance 2022-XXX November 15, 2022 Page 2 of 2
SECTION 5. Environmental Findings. The City Councils finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061(b)(3) of Title 14 of the California Code of Regulations, in that the Council finds there is no possibility that the implementation of this Ordinance may have significant effects on the environment.

Adopted by the City of South Lake Tahoe City Council on November 15, 2022 by the following vote:

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading: October 4, 2022
Published:

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.
46 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

Chapter 6.15

BUILDING REGULATIONS
Sections:

Article I. In General

6.15.010 Applicability, purpose and authority.

6.15.020 Building, etc., permits generally.

6.15.030 Design review.

6.15.040 Moving of buildings and structures – Relocation permit required.

6.15.050 Moving of buildings and structures – Building permit required.

6.15.060 Drainage requirements for building construction, etc.

6.15.070 Electrical power for construction purposes.

6.15.080 Penalties.

6.15.090 Jobsite sanitary facilities.

6.15.100 Construction site requirements.

6.15.110 Criteria for prevention of flood damage.

6.15.120 Liability of city.

6.15.130 Severability.

Article II. Technical Codes
Division 1. Generally

6.15.140 Where filed – Availability of codes.

6.15.150 Conflicts with state law.

Division 2. Local Amendments to Adopted Codes

6.15.155 Purpose.

6.15.160 Amendments, additions and deletions to the adopted codes.

Article III. Underground Utilities

6.15.170 Definitions.

6.15.180 Service required – New buildings.

6.15.190 Service required – Remodeling or repairs.

6.15.200 Exemptions from article.

Article IV. Numbering of Buildings

6.15.210 Adoption by reference of building number maps.

6.15.220 Designation of numbers by building official.

6.15.230 Numbers to be affixed to buildings – Manner of affixing numbers.

6.15.240 Responsibility for placing of numbers.

6.15.250 Display of number – Prerequisite to issuance of business license.

Article V. Board of Appeals

6.15.580 Established.

Article VI. Underground Storage Tanks

6.15.590 Removal/replacement of underground storage tank. 47 South Lake Tahoe City Code
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Article VII. Construction and Demolition Debris Recycling

6.15.600 Title/purpose.

6.15.610 Definitions.

6.15.620 Findings.

6.15.630 Threshold applicability.

6.15.640 Requirements.

6.15.650 Standards, guidelines, and criteria.

6.15.660 Inspections.

6.15.670 Severability.

Article VIII. Single Room Occupancy (SRO) Program

6.15.675 Purpose.

6.15.680 Definitions.

6.15.690 Application.

6.15.700 Transient occupancy tax.

6.15.710 SRO permits.

6.15.720 Fees.

6.15.730 Design and development standards.

6.15.740 Maintenance standards.

6.15.750 Inspections.

6.15.760 Violations.

6.15.770 Tourist accommodation units.

For state law authorizing city to regulate the construction, alteration and repair of buildings and the materials used therefor, see Gov. C. § 38660. As to the authority of city to prescribe restrictions on buildings used for human habitation, equal to or greater than state law, see H. and S.C. § 17951. As to community antenna television systems, see Chapter 3.40 SLTCC. As to fire protection, see Title 5 SLTCC. As to plan line setbacks, see Chapter 6.35 SLTCC. As to signs and advertising structures, see Chapter 6.40 SLTCC. As to subdivision of land, see Chapter 6.45 SLTCC. As to zoning, see Chapter 6.55 SLTCC.

Prior legislation: Ords. 890, 958 and 959 and Code 1997 §§ 8-13, 8-14.1 – 8-24.3, 8-27 – 8-32 and 8-33 – 8-33.2.

Article I. In General

6.15.010 Applicability, purpose and authority.

The purpose of this chapter is to adopt by reference the 2022 Edition of the California Building Standards Code, Title 24 of the California Code of Regulations, subject to the clarifications and amendments set forth in this chapter.

The purpose of this chapter is also to provide minimum requirements and standards for the protection of public safety, health, property and welfare of the City of South Lake Tahoe. The following adopted codes prescribe regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, moving, demolition, occupancy, equipment use, height and area of buildings and structures:

A. Building Code Adopted. The 2022 Edition of the California Building Code, known as the California Code of Regulations, Title 24 Part 2, incorporating the 2021 Edition of the International Building Code, published by the International Code Council, including Appendix C, Group U Agriculture Buildings, Appendix F, Rodent-proofing, Appendix H, Signs, and Appendix I, Patio Covers, is hereby adopted by reference.

B. Residential Code Adopted. The 2022 Edition of the California Residential Code, known as the California Code of Regulations, Title 24 Part 2.5, incorporating the 2018 Edition of the International Residential Code, published by the International Code Council, including Chapter 1, is hereby adopted by reference.

C. Electrical Code Adopted. The 2022 Edition of the California Electrical Code, known as the California Code of Regulations, Title 24 Part 3, incorporating the 2020 Edition of the National Electrical Code, published by the National Fire Protection Association, including Article 89, and Annex H is hereby adopted by reference. 48 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

D. Mechanical Code Adopted. The 2022 Edition of the California Mechanical Code, known as the California Code of Regulations, Title 24 Part 4, incorporating the 2021 Edition of the Uniform Mechanical Code, including Chapter 1, CMC Appendices A, B, C and D, is hereby adopted by reference.

E. Plumbing Code Adopted. The 2022 Edition of the California Plumbing Code, known as the California Code of Regulations, Title 24 Part 5, incorporating the 2021 Edition of the Uniform Plumbing Code, including appendices and installation standards, published by the International Association of Plumbing and Mechanical Officials, , is hereby adopted by reference.

F. Energy Code Adopted. The 2022 California Energy Code, known as the California Code of Regulations, Title 24 Part 6, published by the California Energy Commission, is hereby adopted by reference.

G. Historical Building Code Adopted. The 2022 California Historical Building Code, known as the California Code of Regulations, Title 24 Part 8, published by the International Code Council, is hereby adopted by reference.

H. Fire Code Adopted. The 2022 Edition of the California Fire Code, known as the California Code of Regulations, Title 24 Part 9, incorporating the 2021 Edition of the International Fire Code, published by the International Code Council, including Chapter 1, is hereby adopted by reference.

I. Green Building Standards Code Adopted. The 2022 Edition of the California Green Building Standards Code, known as the California Code of Regulations, Title 24 Part 11, published by the International Code Council, is hereby adopted by reference.

J. Swimming Pool, Spa and Hot Tub Code Adopted. The 2021 Edition of the International Swimming Pool, Spa and Hot Tub Code, published by the International Code Council, is hereby adopted by reference.

K. International Property Maintenance Code Adopted. The 2021 Edition of the International Property Maintenance Code, published by the International Code Council, is hereby adopted by reference. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-1)

6.15.020 Building, etc., permits generally.

The building official shall check the application, plans and specifications for any building, electrical, mechanical and plumbing permit and the energy efficiency standards for residential and nonresidential buildings. No permit shall be issued unless the plans and specifications have been reviewed and approved by each of the other departments of the city concerned as being in conformance with pertinent laws and ordinances under their jurisdiction. If the building official is satisfied that the work described in an application for a permit and the plans and specifications filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances and that the fee specified has been paid, such official shall issue a permit therefor to the applicant.

Reversed plans will not be accepted. No final inspection or approvals by the building division, for use or occupancy of any structure permitted by this chapter, shall be granted until final inspections and approvals are obtained from all other city and county departments which have imposed requirements for the project. (Ord. 926; Ord. 1003 § 1 (Exh.

A); Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-2)

6.15.030 Design review.

A. Applicability. In general, the standards and guidelines contained in this title are to be applied to new construction, major remodeling more specifically.

B. All applicable projects are subject to the city’s design review process. Contact the city planning department for specific process requirements. Some projects may also require approval by the Tahoe Regional Planning Agency.

Applicants shall also contact the TRPA for their processing requirements.

1. All newly constructed or exterior remodeled buildings or structures proposed for any use other than singlefamily residential units.

2. Newly constructed or exterior remodeled residential units or structures which are located within 200 feet of the high water line of the lake.

3. All prefabricated or factory built buildings or structures. 49 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

4. All existing buildings or structures to be relocated within the city, regardless of proposed use.

5. Any structures proposed or located within a floodplain, as defined within the city code.

6. New or modified parking areas containing four or more parking spaces.

7. Other proposals without buildings or structures which could potentially affect the general appearance of the city, including public projects, such as erosion control projects.

C. No permit shall be issued in any case set forth herein until the plans therefor have been approved through the design review process and all buildings, structures and grounds shall be in accordance with the plans as approved. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-3)

6.15.040 Moving of buildings and structures – Relocation permit required.

No person shall move any buildings or structures from one location within or outside the city to another location within the city without having first obtained a relocation permit therefor from the city building division.

A. Written application for a relocation permit shall be made stating the contemplated uses of the building at the new location. The applicant shall also furnish a map showing the exact route on which the building is to be moved. Such route shall be approved by the public works director, together with the time within which the building is to be moved. A reasonable fee equal to the costs of processing the application shall be paid at the time of making the application, no part of which shall be refunded.

The application shall be accompanied by a photograph of the building or structure in its present location, a plot plan of the site on which the building or structure is to be located, a foundation plan and details, and, if the building or structure is to be altered in any way, architectural drawings showing floor plans and elevations in its new location.

B. In addition to the specified fee, any person who seeks a permit to move a building within the city shall first have executed and delivered to the city a good and sufficient surety bond in the penal sum of $10,000 or a rider of the same amount on the permittee’s insurance policy, in favor of the city as obligee conditioned to guarantee payment to the city for any damage that may result to city streets or other public improvements or trees and overhanging wires caused by the moving of such building.

C. The application, along with comments from the building division and the public works division, shall then be reviewed by the city planning division and processed through the design review process to determine whether the architectural and general appearance of the building or structure, as relocated, will improve the character of the neighborhood and such as not to be detrimental to the orderly and harmonious development of the city nor to impair the desirability of investment or occupation in the neighborhood.

D. The building division shall not issue a relocation permit unless the design review process is complete.

E. Removal and relocation of a building pursuant to a relocation permit must be completed within 60 days from the issuance of the permit.

F. Within 10 days after the completion of the moving of any building within the city, the city shall cause an inspection to be made by the public works director of the route taken in the moving of such building to ascertain the damage, if any, to all streets or other public improvements or trees and overhanging wires and property, of any nature whatsoever within the city, and the building official shall present to the permittee a claim in the amount necessary to repair such damage, if any. Thereupon, the permittee shall cause such claim to be paid or, in the event of a failure or refusal to pay such claim, the bond heretofore filed shall be forfeited in the amount necessary to pay such claim and if any amount of damage insured shall exceed the penal amount of such bond, such deficiency shall be paid by the permittee to the city without further demand therefor. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-4)

6.15.050 Moving of buildings and structures – Building permit required.

No person shall move any building from one location in or outside the city to another location within the city unless a building permit has been first obtained to permanently install such building or structure in its new location. Such 50 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. building permit shall be required in addition to a relocation permit. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-5)

6.15.060 Drainage requirements for building construction, etc.

A. It is the purpose of this section to safeguard adjoining properties and public streets and ways from damage by unnatural flows of surface waters and to prevent the construction of homes and other buildings in areas likely to become flooded.

B. This section applies to all persons engaged in construction within the city, whether as owner, lessee, contractor, or otherwise.

C. No building permit shall be issued for any new construction or any additions or remodeling resulting in new structures at or below ground level unless this section shall have been complied with.

D. Every building permit application for new construction or any additions or remodeling resulting in new structures at or below ground level other than single-family or duplex structures shall be accompanied by the following information and documents, in addition to those otherwise required by this chapter:

1. A grading plan, showing the present contours of the land, the proposed final grade and location of improvements.

2. Profile sections at the rear, middle and front of the property, showing existing contours, the proposed final grade and the location of improvements.

3. Details of drainage structures, walls, cribbing, surface protection and landscaping.

E. No building permit shall be issued if the drainage information required by this section reveals any of the following facts:

1. Drainage from the property after construction will apparently result in physical damage directly or indirectly to another lot or to any public street or public property.

2. Natural drainage from the property will be changed to the detriment of surrounding property.

3. The first floor level of any improvement will be in danger of flooding from surface runoff. Permits, however, may be issued when foundations are raised above the flooding level as determined by the city.

In those instances where existing structures that are located in floodplains, as defined by the flood insurance rate map (FIRM), are reconstructed or have substantial improvements done to them (over 50 percent of replacement costs prior to damage having occurred), permits may be issued provided the lowest floor elevation is raised one foot above the defined 100-year floodplain per applicable FEMA requirements.

F. A grading plan may be required by the building division for single-family or duplex structures where an on-site inspection indicates that any fact mentioned in subsection (E) of this section may exist.

G. The building official, with the concurrence of the city engineer, may waive any or all of the requirements of subsection (D) of this section whenever an on-site inspection satisfies such officers that the facts described in subsection (E) of this section do not exist or that the requirements in question would not reveal any such facts. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-6)

6.15.070 Electrical power for construction purposes.

Temporary electric power for construction can be provided by a temporary power pole that complies with the requirements of the California Electric Code and Liberty Utilities Company specifications. Or, temporary power can be arranged from the permanent main service panel using the permanent grounding electrode. The main service panel shall be framed into the permanent wall section of the structure. This wall section shall have a shear panel on it and be braced to the satisfaction of the jurisdiction. There can be a maximum of two quadruple ground faulted outlet locations. The wiring to each location shall be in conduit. Any connection of power to the building’s 51 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. permanent outlet wiring prior to authorization by the building division will result in a disconnect order to the providing utility.

Prior to any reconnection of electric to the site of a disconnect order, penalty fees in accordance with SLTCC

6.15.080 shall be paid.

Prior to energizing the permanent outlet wiring from the main panel, all nail or screw-applied wall finishes must be completed; all electric work for the permanent circuits to be energized must be completed; and the building must be able to be secured against entry by unauthorized persons. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.1)

6.15.080 Penalties.

It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, connect electric power or gas, occupy or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.

Any person, firm, or corporation violating any of the provisions of the code shall be deemed guilty of an infraction.

Penalties for a violation of this chapter shall be as outlined in Chapter 2.30 SLTCC for each and every subsequent offense. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offense. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.2)

6.15.090 Jobsite sanitary facilities.

Temporary sanitation facilities shall be provided on all construction sites. Failure to maintain such facilities will result in a stop work order until such facilities are provided.

Exception: Remodels which contain an operable on-site toilet facility. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh.

A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.3)

6.15.100 Construction site requirements.

A. All trash, temporary BMP elements related to construction, site security elements, and construction debris shall be disposed of in an approved manner on a regular basis. Prior to any final inspection, all construction trash and debris shall be removed from the site. No debris or construction materials may be stored in the public right-of-way.

B. Building permit must be posted in public view and visible from street or closest possible to passersby.

C. Construction site must have address posted at all times.

D. Approved construction documents must be on site at all times.

E. Access to areas must be provided to inspector at his or her request.

F. All construction activities that include impact equipment and activities such as pile driving, soil compaction, or vibratory hammers could potentially affect nearby structures. Where these activities occur within 200 feet of existing structures, an analysis shall be conducted of potential vibration levels based on the criteria contained in Table 436-12 of the City General Plan Update EIR (September 2010). Construction operations shall be designed to avoid or mitigate for vibrations above 0.02 inches/second (0.5 mm/second).

G. All required exits, existing structural elements, fire protection devices and sanitary safeguards shall be maintained at all times during alterations, repairs, or additions to any building or structure.

H. Fire safety during construction shall comply with the applicable requirements of this code and the applicable provisions of the California Building Code and Chapter 33 of the California Fire Code. 52 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

I. All construction activities shall be performed in a manner that prevents injury or damage to persons, adjoining properties and public rights-of-way. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-7.4)

6.15.110 Criteria for prevention of flood damage.

Prior to the issuance of any building permit for new construction or substantial improvements, the building official, after such consultation as the building official deems necessary with the city engineer, shall:

A. Review the application to determine whether the proposed building site will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, the proposed new construction or substantial improvement, including prefabricated and mobile homes, shall:

1. Be designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure.

2. Be constructed of materials and utility equipment that are resistant to flood damage.

3. Be the result of construction methods and practices that will minimize flood damage.

4. Comply with all FEMA requirements for buildings constructed within a designated floodplain.

B. Require new or replacement water supply systems or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-8)

6.15.120 Liability of city.

The building official or any employee, within the course and scope of his or her employment, charged with the enforcement of this code, acting in good faith on behalf of the city, and without malice, shall not thereby be rendered liable personally and such person is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such person’s duties. Any suit brought against the building official or employee, because of such act or omission performed by such person in the enforcement of any provisions of the codes adopted in Articles I and II of this chapter, shall be defended by the city until final termination of the proceedings. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-9)

6.15.130 Severability.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A).

Code 1997 § 8-10)
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Article II. Technical Codes
Division 1. Generally

6.15.140 Where filed – Availability of codes.

One copy of each of the codes adopted by reference in Article I of this chapter is on file in the office of the building official for use and examination by the public. Ordering information for obtaining copies of such codes may be obtained at the city services center public counter. (Ord. 926; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-11)

6.15.150 Conflicts with state law.

Wherever the provisions of the state housing law (Division 13, Part 1.5, beginning with Section 17910 of the Health and Safety Code of the state) shall impose requirements more stringent than those established by this article, the provisions of the state housing law shall be applied by the building division. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-12) Division 2. Local Amendments to Adopted Codes

6.15.155Purpose.

The purpose of this division is to identify local amendments to the adopted codes, consistent with Health and Safety Code Section 17958 based on express findings relative to local climatic, topographical or geological conditions. (Ord. 1134 § 1 (Exh. A))

6.15.160 Amendments, additions and deletions to the adopted codes.

A. California Building Code Section 105.5.1, California Residential Code Section R105.5.1, California Plumbing Code Section 104.4.3.1, California Mechanical Code Section 104.4.3.1 and California Electrical Code Article 89, 108.4.1 are hereby amended to read as follows:

Every permit issued by the building official under the provision of this code shall become invalid and expired unless the work authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 12 months after the time the work is commenced. The Building Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.. In order to renew action on an invalid permit after expiration, the permittee shall pay a new full permit fee and be accompanied with updated construction documents to reflect compliance with the most recent applicable codes based on the new submittal date.

B. Any permittee holding an unexpired permit for a new structure or addition may apply for an extension of the time for which work may be completed under that permit when the permittee is unable to complete work within the time required by this section for good and satisfactory reasons. The building official may extend a permit for a period not exceeding 180 days on written request by the permittee. The written request shall be submitted to the building official prior to the expiration date of the original permit. The request for an extension of an existing permit shall show that circumstances beyond the control of the permittee have prevented completion of the work authorized by the permit. No permit may be extended more than three years cumulatively.

C. California Building Code Section 109.2, California Fire Code Section 106.2, California Residential Code Section R108.2., California Plumbing Code Section 104.5, California Mechanical Code Section 104.5 and California Electrical Code Article 80.19(H)(4) are hereby amended to read as follows:

The fee for each permit shall be as set forth in this section and by city council resolution. The determination of value or valuation under any of the provisions of this code shall be made by 54 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. the building official/fire code official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems, and any other permanent equipment. Fees shall be determined by the valuation as shown for good construction on the valuation table as published annually in the November/December issue of Building Standards magazine. Values shall be 100 percent of the valuation given in the basic valuation table. Fees shall be adjusted on the first day of January each year. The fee shall be as specified through adoption of resolution by the city council.

EXCEPTION: Major projects for which the city contracts for inspection and/or plan review services shall be charged permit fees in accordance with the above section. Costs of additional plan review and/or overtime inspections required for project fast-tracking, or contractor scheduling, or due to changes in plans, shall be paid by the owner on a monthly basis. The fees shall be equal to the cost of service plus a 25 percent administrative fee.

The owner shall provide on-site office space for the resident inspector. Such office space shall be private and under the exclusive control of the resident inspector. Electric power, heat and phone service shall be provided to the office. Such office shall be maintained on-site until the final certificate of occupancy is issued.

For work requiring a permit not described on the valuation table, the valuation shall be determined by contract price for the work, subject to review by the building official.

The minimum permit fee under this section shall be as specified through adoption of resolution by the city council. Additional plan review as a result of incomplete submittals or changes to plans after approval of such plans will be charged a plan review fee.

A reinspection fee shall be charged for scheduled inspections when the work, for which an inspection was requested, is not ready for inspection. A reinspection fee shall also apply to additional inspections after the initial inspection for verifying correction of items noted in a correction notice.

Special inspection fees shall be charged with a one-hour minimum charge. Any inspections requested outside of regular work hours will be charged a three-hour minimum charge.

D. California Building Code Section 115.4, California Fire Code Section 107.4, California Residential Code Section R114.4are hereby amended to read as follows:

When a stop work order is issued an investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The permit fee for work without a permit shall be twice the normal permit fee. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

E. International Property Maintenance Code (IPMC) Section 107, Notices and Orders. Add the following text at the end of subsection 107.2, Item 4:

The maximum time limit shall be determined by the city building official based upon the condition of the structure and the potential hazard involved. Once such determination has been made, the building official shall serve a copy of a notice and order which specifies the dangerous condition to be remedied, together with the timeline for correction, as determined by the building official. Prior to the expiration date specified in the notice and order, the property owner shall perform either the rehabilitation, renovation or removal, as set forth in the notice and order.
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Abatement of abandoned or substantially damaged non dwelling unit structures shall be subject to the provisions contained in Chapter 4.60 SLTCC.

F. Authority to Utilize Alternate Method of Recovery of Cost of Demolition. In any case where the city has found it necessary to undertake an abatement process to demolish a structure which has been found by the building official to be unsafe, as defined within Section 108 of the International Property Maintenance Code, the city may elect, at its discretion, to recover costs of such abatement using the methods prescribed in subsection (G) of this section as an alternative to the procedure outlined in Sections 110.3 and 109.4 et seq. of the aforementioned code.

G. Alternate Method of Recovery of Cost of Demolition.

1. Prior to commencement of any demolition activity undertaken as part of the abatement of an unsafe structure, the city shall take all necessary steps to ensure that all development rights which may be present on the parcel are appropriately banked with the Tahoe Regional Planning Agency and the South Tahoe Public Utility District. All such rights, which may include, but not be limited to, development rights, allocations, commercial square footage, hard and soft coverage rights, and sewer units, shall be banked to remain on the parcel upon which the demolition activity will be completed.

2. Upon completion of all demolition activities, an accounting of expenses shall be completed by the administrative services director and a public hearing to consider confirmation of the costs of the abatement shall be scheduled, noticed and conducted in accordance with Section 107 et seq. of the International Property Maintenance Code.

The notice mailed to the owner of record for the property which is the subject of the abatement process shall contain a statement which substantively reads as follows:

IMPORTANT NOTICE TO THE PROPERTY OWNER
Development rights attributable to your property and recognized by the Tahoe Regional Planning Agency have been banked with that agency. These rights have considerable value. In order to retain ownership of these development rights, you must pay any and all costs of the abatement process which may be confirmed by the City Council at the scheduled hearing no later than sixty-five (65) days following the date of said hearing.

Your failure to pay the confirmed costs of said abatement within sixty-five (65) days of the date of the hearing will result in FORFEITURE OF THE DEVELOPMENT RIGHTS ASSOCIATED WITH YOUR PROPERTY.

SUCH FORFEITURE MAY ULTIMATELY PROHIBIT YOU OR ANYONE IN THE FUTURE FROM REDEVELOPING YOUR PROPERTY.

3. Upon completion of the hearing process to confirm the costs of the abatement process, the owner of the property subject to the abatement shall have 65 days from the date of the hearing to pay all costs of the abatement which have been confirmed by the city council. In the event all costs are not paid within the specified time period, the city shall notify the Tahoe Regional Planning Agency of the city council’s confirmation of costs of the abatement process and the failure of the property owner to pay said costs, and shall request that the Tahoe regional planning agency approve forfeiture of all development rights banked to be vested with the city of South Lake Tahoe. Such forfeiture and vesting shall become effective 21 days after such approval is granted.

H. Expedited Permit Process for Photovoltaic and Electric Vehicles. To California Building Code Section 107.3 the following subsection shall be added:

Expedited Permit Process for Small Residential Rooftop Systems Solar Systems and Electric Vehicle Charging Stations
Definitions. As used in this section:
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. “Electronic submittal” means the utilization of electronic e-mail or submittal of an application via the internet.
“Reasonable restrictions” on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance” means:

1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00) or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed.

2. For photovoltaic systems: an amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed. “Small residential rooftop solar energy system” means all of the following:

1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the county and paragraph (iii) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.

3. A solar energy system that is installed on a single- or duplex-family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
“Solar energy system” has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or designated from time to time.
“Specific adverse impact” means a significant, quantifiable, direct, unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. a. All solar energy systems and electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the state and the City of South Lake Tahoe. b. All solar energy systems and electric vehicle charging stations shall be certified by an accredited listing agency.
c. All energy systems for producing and or supplying electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
d. Proof of approval by the Tahoe Regional Planning Agency must be presented with application.
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I. Fire Watch. California Fire Code Section 403.11.1, Fire Watch Personnel, is hereby amended to read as follows:

When, in the opinion of the fire code official, it is essential for public safety in a place of assembly or any other occupancy, because of the number of persons, or the nature of the noncompliance with the California Fire Code and/or the nature of the performance, exhibition, display, contest or activity, the fire code official may require the owner, agent or lessee, to provide one or more fire watch personnel to perform fire watch duties during the times such places are open to the public, or when such activity requiring a fire watch is being conducted.

J. Building Address. Section 502.1 of the California Building Code, California Fire Code Section 505.1 and Section R319.1 of the California Residential Code are hereby amended to read as follows:

Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Address numbers and internal illumination shall be maintained. The addresses for new dwellings shall be posted with a minimum of four inch (4") high numbers with proportionate width that are plainly visible from the street. During hours of darkness, the numbers shall be internally illuminated. Posted numbers shall be placed on a contrasting background. Where building setbacks exceed one hundred feet (100') from the street or road fronting the property, additional contrasting six inch (6") high numbers shall be displayed at the property entrance.

The addresses for new multi-family, new commercial and new industrial buildings shall be posted with a minimum of six-inch (6") high by three-quarters inch (3/4") stroke numbers.

During the hours of darkness, the numbers shall be electrically illuminated. New multi-family, new commercial and new industrial buildings shall display address/suite numbers or letters six-inch (6") high by three-quarters inch (3/4") stroke placed on a contrasting background on the front and rear doors of each suite/unit.

K. Fire Access Grade. California Fire Code Section 503.2.7 is hereby amended to read as follows:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus. Where driveways serving one- and two- family dwelling units have a driveway gradient exceeding eight percent (8%), a separate emergency egress path of travel from the primary entrance of each dwelling unit to the public way shall be provided. All components of the separate emergency egress path of travel shall comply with all applicable provisions of the California Building Code.

L. Wildland-Urban Interface (WUI). California Building Code Chapter 7A, California Fire Code Chapter 49 and California Residential Code Section R337 are adopted in their entirety with the amendments to read as follows:

CITY OF SOUTH LAKE TAHOE IS DESIGNATED AS VERY-HIGH FIRE HAZARD SEVERITY ZONE. For purposes of clarification and enforcement of the following shall be added to each chapter preface: The City of South Lake Tahoe has adopted Ordinance 2019- 1131 which designates all areas within the City of South Lake Tahoe a Very High Fire Severity Zone.

M. Freeze Protection. California Building Code and California Fire Code Section 903 are hereby added to the California Building Code and the California Fire Code to read as follows:

All sprinkler systems shall be suitably freeze-protected for climatic conditions as prescribed by the fire code official.

N. Roof Fire Rating. California Building Code Section 1505.1.1 and California Residential Code Section R902.1.1 are written here for emphasis and clarity:
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The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

O. Snowshed Impact Areas. Add to California Building Code Section 1608.1 and to California Residential Code Section R301.2.3:

Snow shed Impact Areas Protection of Required Entries/Exits, Parking, and Driveways.

1. Roof surfaces and photovoltaic panels that are susceptible to rooftop avalanche risk shall be designed so that snow shed impact areas will not occur in or on entries/exits (required exits only for R-3 occupancies), vehicle parking areas, driveways, LPG storage tanks, gas meters, electrical meters, walkways, and public ways.

2. The minimum snow shed impact area shall have a setback of ten feet measured horizontally from a vertical line projecting from the roof eave to the other constructed elements such as fences, sheds, and patio covers.

3. The snow shed impact area may be eliminated provided an engineered snow restraint system, designed in accordance with this code, is incorporated into the roof design and, in other than R-3 occupancies, an approved roof drainage system (e.g., heated gutter and downspout) is installed to prevent ice formation/accumulation at the grade or access level.

4. Property owners shall maintain snow shed impact areas to prevent snow from encroaching beyond the impact area boundaries.

5. Existing structures may use engineered snow slide restraint devices without an approved roof drainage system to reduce hazards associated with the existing roof design.

P. Ice Dam Membrane. Add Section 1507.1.2 to the California Building Code and Section R9045.1.2 to the California Residential Code as follows:

Title 15-10: An “Ice Guard” is required on roofs of heated areas of buildings. Roofs, regardless of covering, with a pitch of less than 8 in 12 shall be protected against leakage (caused by ice and snow) using an approved manufactured membrane installed per the manufacturer’s specifications and as approved by the building official. This application shall extend from the eave edge of the roof up the roof slope measured 5 feet beyond the wall line separating the conditioned and unconditioned space, and up 30 inches along each side of a valley. This “Ice Guard” shall be in addition to any other required underlayment.

Q. Local Design Criteria. Amend California Building Code Section 1603 and California Residential Code Table R301.2, Climatic and Geographic Design Criteria, by adding the following design criteria values as listed below in items 1 through 8 to read as follows:

1. Ground Snow Load: 150 PSF

2. Wind Design Speed: (Based on the ASCE 7-10 code cycle) Risk Category 1: 110 mph
Risk Category 2: 120 mph
Risk Category 3: 130 mph
Risk Category 4: 130 mph

3. Seismic Design Category: D
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4. Subject to Weathering from Weathering: Negligible

5. Frost Line Depth: 18 inches

6. Termites: Yes

7. Climate Zone: 16

8. Ice Barrier Underlayment Required: Yes
R. Snow Loads. Add Section 1608.4 to the California Building Code and Section R301.2.3.1 to the California Residential Code as follows:

All of the City of South Lake Tahoe shall be declared a snow area with a Ground Snow Load of 150 Pounds Per Square Foot. This pertains to all structures, modular buildings, and factorybuilt houses. The building official may permit deviations from the snow loading standard, provided the snow load and conditions in each individual case are derived and certified by a registered civil or structural engineer with demonstrated experience in snow load evaluation.

S. Protection of Piping from Freezing. Add Section 312.13 to the California Plumbing Code as follows:
a. All water supply piping shall be protected from freezing by a minimum of 42 inches of earth covering.
b. All water piping shall be installed in such a manner to allow for the system to be drained. c. Water piping shall not be installed or concealed in unheated walls, ceilings and attics.

T. Exhaust Vent Protection. Add Section 802.3.3.5 to the California Mechanical Code as follows:
a. Exhaust terminals and combustion air intakes shall not be located in areas in which could be sealed off around the perimeter with snow accumulation.

U. Electrical Installations. Add Article 80.13(a) and (b) to the California Electric Code as follows:
a. All electrical systems that are over 400 amps shall be designed by a California-licensed electrical engineer.
b. When changing out or adding a new electrical main panel, the subpanel, if so equipped, shall also be changed out to a breaker subpanel. No residential fuse panels will be allowed. (Ord. 891 § 1; Ord. 901; Ord. 926; Ord. 983 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1107 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-14. Formerly 6.15.170) Article III. Underground Utilities

6.15.170 Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Communication service” means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger call, clock, police, fire alarm and traffic control circuits and circuits for the transmission of standard television or radio signals.
“Electrical service” means the distribution of electricity for heat, light or power. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-34. Formerly 6.15.490) 60 South Lake Tahoe City Code
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6.15.180 Service required – New buildings.

It shall be a condition of permits issued for the construction of new homes and other buildings which will require electrical or communications services provided by cables and wires that facilities necessary to receive utility cables and wires be installed underground by the permittee from the building to the service point to be determined by the utility company.

If the serving utility pole is located on the same side of the street as, and between, the extended side lot lines of the property involved, the utility service shall thereafter be connected underground.

If the serving utility pole is located elsewhere, underground connection of the utility service shall be made at the time the aerial lead of the serving utility is removed and replaced by an underground lead. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-35. Formerly 6.15.500)

6.15.190 Service required – Remodeling or repairs.

It shall be a condition of any permit for the repair or remodeling of a building or sign requiring communication service or electric service, which repair or remodeling shall be in an amount exceeding 50 percent of the market value of the property, as determined by applying the last available assessment ratio to the last available assessment by the county assessor, that facilities necessary to receive such services be placed underground from the building to the serving point designated by the utility company.

If the serving utility pole is located on the same side of the street as and between the extended side lot lines of the property involved, the utility service shall be connected underground upon the completion of the work authorized by the building permit.

If the serving utility pole is located elsewhere, the utility service shall be connected underground at the time the serving utility aerial lead is removed and replaced with an underground lead. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-36. Formerly 6.15.510)

6.15.200 Exemptions from article.

The provisions of SLTCC 6.15.180 and 6.15.190 shall not apply to the following types of facilities and situations:

A. Poles without overhead lines used exclusively for fire or police alarm boxes, lighting purposes or traffic control.

B. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building.

C. Radio antennas, their associated equipment and supporting structures, used by a utility or person for furnishing communication services.

D. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts. Such facilities shall be so located as to harmonize with the area or screened and landscaped. The city council may, after hearing with the utility companies and affected property owners, by resolution, require that all or part of the transformers and service terminals be flush with or below the surface of the ground at the point of installation.

E. Where the city engineer expressly finds that topographical or soil conditions make such application unreasonable or impractical.

F. Where the city engineer, upon application of the applicant for a building permit, expressly finds that application of such sections cannot be accomplished feasibly and practically within pertinent safety regulations and other laws applying to the installation and that such application will cause unnecessary or unusual hardship. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-37. Formerly 6.15.520) Article IV. Numbering of Buildings

6.15.210 Adoption by reference of building number maps.

There is hereby adopted a building number index map and sectional building number district maps which are on file with the building division of the city and are made part of this article by reference. Maps showing the streets 61 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022. hereafter constructed within the city or streets in areas hereafter annexed to the city shall be added to such map from time to time and the building numbers shall be indicated thereon and, upon filing with the building division, such maps shall constitute a part of the building number maps. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-38. Formerly 6.15.530)

6.15.220 Designation of numbers by building official.

It shall be the duty of the building official to designate and assign the respective numbers for buildings fronting on streets as set forth upon the building number map or as determined by the building official. (Ord. 983 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-39. Formerly 6.15.540)

6.15.230 Numbers to be affixed to buildings – Manner of affixing numbers.

It shall be the responsibility of the owners or occupants to affix the property numbers to their respective buildings in any style or device; provided, that each figure of a number shall be plainly visible and legible from the public way.

The main entrance to commercial buildings shall be numbered such that the numbers are plainly visible from the street fronting the property. All entrances to residential buildings from the public streets of the city shall be numbered, either on the street fronting the property, or as designated by the building official. The number of every entrance shall be placed upon, immediately above, or immediately adjacent to the door or gate closing of such entrance. Multi-unit buildings shall also have each unit numbered with an individual unit number placed upon, immediately above, or immediately adjacent to the door of each unit. Building numbers shall be a minimum of four inches in height, and of a contrasting color to that of the background on which they are placed. On newly constructed and/or altered buildings where building setbacks exceed 100 feet from the street or road fronting the property, additional contrasting six-inch-high numbers shall be displayed at the property entrance. The addresses for new multifamily, new commercial and new industrial buildings shall be display address/suite numbers with a minimum of six-inch-high by three-quarters-inch stroke numbers and placed on a contrasting background on the front and rear doors of each suite/unit. (Ord. 946 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-40. Formerly 6.15.550)

6.15.240 Responsibility for placing of numbers.

The appropriate number of any entrance to any building shall be placed thereon within five days after the receipt by the owner, occupant, lessee, tenant or subtenant of the building of a notice from the building official of the number designated for such building; and all numbers other than the numbers provided for in this chapter for the respective entrances shall be removed from every building by the owners, occupants, lessees, tenants or subtenants thereof, within five days from the service of the notice, designating the appropriate numbers to be placed thereon. It shall be the duty of the building official upon request from any owner, occupant, lessee, tenant or subtenant of the building to provide such owner, occupant, lessee, tenant or subtenant the proper building number of the building occupied by such person. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-41. Formerly

6.15.560)

6.15.250 Display of number – Prerequisite to issuance of business license.

No business license shall be issued to any person unless such person shall certify that the premises upon which such business is conducted are numbered in the manner required by this article and that the building numbers are displayed in the manner provided in this article. (Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1134 § 1 (Exh. A). Code 1997 § 8-42. Formerly 6.15.570)
Article V. Board of Appeals

6.15.580 Established.

This section establishes the building board of appeals. The functions of the building board of appeals shall be set forth by resolution of the city council. (Ord. 884 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-43)
Article VI. Underground Storage Tanks

6.15.590 Removal/replacement of underground storage tank.

Any removal or replacement of an underground storage tank on property visible from Highways 50 or 89, or both, is required to obtain a demolition permit from the city prior to such removal or replacement. The demolition permit and inspections are proposed to impose a minimum of the following:
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A. If the area is to be fenced:

1. Fence will only encompass excavation area;

2. Fence shall conform with existing city fence ordinance, except:
a. Fence will be constructed only of wood unless finding can be made by staff that chain link fencing is necessary for security purposes,
b. Staff may allow encroachment into required street/side yard setbacks if determined necessary.

B. In addition to all of the above, the following standards will also be imposed:

1. Building will be secured (windows, doors and other openings) through the use of plywood or other material to match exterior. The plywood will be painted to match the building exterior;

2. If tank is being removed and not replaced, island overhang will be removed prior to, or simultaneously with, tank removal (see SLTCC 6.10.460, Service station change of use – Conditions).

C. If on-site or in-place aeration is proposed to treat contaminated soil, aeration plan is subject to city staff review as part of the demolition permit to ensure appropriate screening of equipment, machinery and aeration pile.

D. All other usual and customary requirements of a demolition permit will also be imposed.

E. Stations which remain fenced or secured and inoperative and/or in a dilapidated or unsightly condition in excess of 180 days will be declared by staff as abandoned and/or a nuisance affecting the visual and aesthetic health and welfare, and as such, subject to nuisance abatement proceedings contained in Chapter 4.40 SLTCC, Article II. If due diligence can be documented, an extension not to exceed an additional 180 days may be granted. (Ord. 901; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-49) Article VII. Construction and Demolition Debris Recycling

6.15.600 Title/purpose.

This article shall be known as the “construction and demolition debris recycling ordinance.” The purpose of this article is to achieve reduction and/or recycling of debris generated by projects, thereby diverting the debris from disposal facilities, saving landfill space, and conserving natural resources consistent with the goals of Section 40000 et seq. of the Public Resources Code. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.1)

6.15.610 Definitions.

Except where the context or particular provisions require otherwise, the following definitions shall govern the construction of this article:

A. “Building official” means the building official of the building department or his/her authorized representative.

B. “Construction and demolition debris” means solid waste generated by or resulting from construction or demolition-related activities including, but not limited to, building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation.

C. “Debris recycling acknowledgment” means a written statement signed by the permittee, in the form prescribed by the building official, to acknowledge the actions planned to be taken or administered by or on behalf of the permittee to achieve reduction or recycling of, at minimum, 50 percent by weight of debris resulting from a project. This minimum 50 percent reduction or recycling may be increased by the building official to reflect any such higher percentage that may hereafter be mandated by state law.

D. “Debris recycling report” means a written summary signed by the permittee, in the form prescribed by the building official, for reporting the amount of debris reduced and/or recycled for a project and the amount of debris from that project disposed of at a disposal facility.
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E. “Performance security” means any performance bond, surety bond, letter of credit, or certificate of deposit submitted to the city pursuant to SLTCC 6.15.650.

F. “Permit” means a permit other than a grading permit issued by the building department for construction or demolition-related activities including, but not limited to, building, construction, deconstruction, demolition, excavation, grading, improvement, land clearing, reconstruction, remodeling and renovation.

G. “Permittee” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any entity or person whatsoever that applies for a permit.

H. “Project” means any activity which occurs within the incorporated areas of the city that either (1) requires a permit that specifies any demolition work or activity that exceeds 5,000 square feet in area, or (2) requires a permit that authorizes construction-related activities including, but not limited to, building, construction, excavation, grading, improvement, land clearing, reconstruction, remodeling, and renovation for improvements that exceed 5,000 square feet in area. One single development of multiple residential units, multiple commercial units, or multiple industrial units within any subdivided parcel will be considered as a single project regardless of the number of permits required for the development. The provisions of this article shall not apply to single-family and/or twofamily residential units and associated accessory structures that are not part of a multiple-unit subdivision or development. Projects that directly result from emergency demolitions to protect public health or safety are excluded from the definition of “project.”
I. “Recycle” or “recycling” means the process of collecting, sorting, cleaning, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream, as defined in Section 40180 of the Public Resources Code.

J. “Recycling facility” means a facility that collects specific types of construction and demolition debris for reuse or recycling. Recycling facilities are identified in the California Integrated Waste Management Board’s C&D Recyclers Database (available on the worldwide web at http://www.ciwmb.ca.gov/ConDemo/Recyclers/).

K. “Reduce” or “reduction” means any action that causes a net reduction in the generation of solid waste, as further defined by Section 40196 of the Public Resources Code.

L. “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid wastes, as further defined in Section 40191 of the Public Resources Code.

M. “Solid waste landfill” means a disposal facility that accepts solid waste for land disposal, as further defined by Section 40195.1 of the Public Resources Code. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.2)

6.15.620 Findings.

A. The city finds that the state of California, through its California Waste Management Act of 1989, Assembly Bill 939 (AB 939), requires that each local jurisdiction in the state divert 50 percent of discarded materials from the landfill by December 31, 2000.

B. The city finds that every city and county in California, including the city of South Lake Tahoe, could face fines up to $10,000 a day for not meeting the above mandated goal.

C. The city finds that reusing and recycling construction and demolition debris is essential to further the city’s efforts to reduce waste and comply with AB 939.

D. The city finds that construction and demolition debris waste reduction and recycling have been proven to reduce the amount of such material that is landfilled.

E. The city finds that, except in unusual circumstances, it is feasible to divert an average of at least 50 percent of all construction and demolition debris from construction, demolition, and renovation projects. 64 South Lake Tahoe City Code
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F. The city finds that, to ensure compliance with this article without creating a competitive disadvantage, it is necessary to impose a performance security requirement. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh.

A). Code 1997 § 8-50.3)

6.15.630 Threshold applicability.

As further defined in SLTCC 6.15.610(H), this article applies to demolition and construction projects within the city of South Lake Tahoe in which the footprint of the structure exceeds 5,000 square feet in area. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.4)

6.15.640 Requirements.

A. All permittees for projects as defined by this article and within the incorporated areas of the city shall submit a debris recycling acknowledgment to the building official for review and approval at the time of submitting an application for a permit.

B. If set forth by resolution of the city council, the permittee shall pay a nonrefundable administrative fee sufficient to compensate the city for all expenses incurred in administering this article.

C. No permit will be issued by the building official for a project unless and until the building official has approved the debris recycling acknowledgment and, if applicable, the performance security and administrative fee have been submitted.

D. Within 60 days after the final and/or occupancy approval of the project by the building official, the permittee shall submit a debris recycling report to the building official for the building official’s approval.

E. The building official shall approve the debris recycling report only if the report validates that the permittee either reduced or recycled at minimum 50 percent by weight of the total debris generated by the project. Upon approval of the debris recycling report, the full performance security, if applicable, shall be released to the permittee within 10 business days.

F. In the event that a permittee fails to submit an approved debris recycling report within two years of the date of the current debris recycling acknowledgment, the permittee shall thereafter be required to submit with the debris recycling acknowledgment a performance security. The amount of the performance security shall be calculated as the lesser of three percent of the total project cost calculated by the building official or $10,000. Acceptable forms of performance security include the following: performance bonds, surety bonds, letters of credit, and certificates of deposit.

G. Noncompliance shall be defined as failure to meet the requirements of this article. Specifically, noncompliance means (1) failure to submit a debris recycling acknowledgment pursuant to this article, (2) failure by the permittee to achieve reduction or recycling of a minimum of 50 percent by weight of debris resulting from the project, except as provided in subsection (H) of this section, and/or (3) failure by a permittee to submit a debris recycling report within 60 days of final and/or occupancy approval of the project by the building official. Permittees determined by the building official to be noncompliant will be subject to forfeiture of the performance security, if applicable, in its entirety. Performance security deposits forfeited to the city shall be used only for the cost of programs whose purpose is to divert the city’s solid waste from landfill disposal. Any person violating any provision of this article is guilty of an infraction and upon conviction shall be punished by a fine not to exceed the value of twice the performance security for a project.

H. If the building official determines upon review of the debris recycling report that the permittee has not achieved reduction or recycling of a minimum of 50 percent by weight of debris resulting from the project, then the building official shall determine if the permittee has made a good faith effort to comply with this article. In making this determination, the building official shall consider the documented efforts of the permittee to reduce and/or recycle debris, the availability of markets for the debris disposed, the size of the project, and any circumstance beyond the control of the permittee. If the building official determines that the permittee has made a good faith effort to comply with this article, then the full performance security, if applicable, shall be released to the permittee. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.5) 65 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

6.15.650 Standards, guidelines, and criteria.

The building official may establish and/or adopt standards, guidelines, and criteria consistent with this article and reasonably necessary to achieve the objectives of this article. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.6)

6.15.660 Inspections.

The building official may make such inspections as he/she may deem necessary to determine permittee’s compliance with this article. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-50.7)

6.15.670 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this article irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this article are declared to be severable. (Ord. 951 § 1; Ord. 1024 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A). Code 1997 § 8-

50.8)
Article VIII. Single Room Occupancy (SRO) Program

6.15.675 Purpose.*
The purpose of this article is to address the shortage of decent, safe, sanitary and affordable rental housing options for low-income persons in the city. Hotels have historically provided affordable rental options of last resort for lowincome persons. This article enables hotels to rehabilitate units that do not meet minimum building, housing and property maintenance code standards so as to provide safe, habitable rental units for low-income persons. This article establishes development, design and maintenance standards so as to preserve and enhance the quality of life for residents of the city living within such units. (Ord. 1088 § 1 (Exh. B)) *Code reviser’s note: Ordinance 1088 adds the provisions of this section as Section 6.15.670. The section has been editorially renumbered to prevent duplication of numbering.

6.15.680 Definitions.
“Habitable floor area” includes living rooms, bedrooms, entryways and other common areas, but does not include bathrooms, kitchens, storage spaces or mechanical/electrical areas. “Lodging property” includes hotels, motels, bed and breakfasts, lodging houses, lodging facilities, or similar properties.
“Single room occupancy property” or “SRO property” means any building with one or more rooms which are (1) intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for sleeping purposes by tenants, which is or may be the primary residence of such tenants, or (2) intended or designed to be used, or which are used, rented, or hired out, to be occupied, or which are occupied, for periods greater than 29 days.
“SRO unit” means any room, rooms, or units of a lodging property used for SRO property purposes. “Transient lodging” is the use of a lodging property by guests of such lodging property who stay, sleep and/or occupy any rooms within said lodging property for 29 days or less. (Ord. 1088 § 1 (Exh. B))

6.15.690 Application.

This article applies to lodging properties with at least one SRO unit and does not apply to lodging properties used entirely for transient lodging purposes. Pursuant to this article, all lodging properties are either required to obtain a South Lake Tahoe SRO permit or pay the South Lake Tahoe transient occupancy tax (“TOT”) based upon all gross receipts and monies collected for the letting of rooms within said lodging property. (Ord. 1088 § 1 (Exh. B)) 66 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

6.15.700 Transient occupancy tax.

SRO units shall be exempt from TOT except that SRO units subject to this article but in use as transient lodging are subject to South Lake Tahoe TOT and shall comply with all TOT reporting requirements as set forth in the South Lake Tahoe City Code. (Ord. 1088 § 1 (Exh. B))

6.15.710 SRO permits.

A. All lodging properties with SRO units shall obtain from the city of South Lake Tahoe development services department a South Lake Tahoe SRO permit (SRO permit).

B. SRO permits shall be obtained prior to use of any room, rooms or units of lodging properties for SRO purposes.

C. Lodging properties with SRO units existing upon the effective date of the ordinance codified in this article shall have until 30 days after the effective date of the ordinance codified in this article to submit a completed SRO permit application. Lodging properties without existing SRO units upon the effective date of the ordinance codified in this article may apply for an SRO permit at any time, but no less than 30 days prior to letting SRO units.

D. Permit applications shall include the following properly completed forms and materials:

1. South Lake Tahoe SRO permit application which shall include a development design and maintenance plan.

2. Proof that lodging property is in compliance with its business and professions tax and TOT obligations.

E. SRO permits shall provide a 12-month period within which permittees may complete all development, design and maintenance standards required by this article. The building official or his or her designee (referred to herein as the building official) may grant extensions to this 12-month period where he/she deems such extensions appropriate. (Ord. 1088 § 1 (Exh. B))

6.15.720 Fees.

A. SRO Permit Fee. A one-time fee in an amount set forth by separate resolution of the city council shall be required for the submission of all SRO permit applications.

B. SRO Annual Service Fee. An annual fee in an amount set forth by separate resolution of the city council shall be assessed for all SRO rooms. This annual service fee shall cover the operational costs of the periodic SRO health and safety inspections as set forth more fully in SLTCC 6.15.750. The annual service fee shall be collected at the same time as payment of the lodging property’s business and professions tax. Should the lodging property fail to timely pay its annual service fee, the city shall be permitted to recover it, plus accrued interest and penalties, utilizing any and all remedies provided by law including but not limited to nuisance abatement and municipal tax lien. Failure to pay the annual service fee shall be deemed a violation of this article.

C. Reinspection Fee. Upon any inspection of a lodging property subject to this article, the building official may instruct the owner of the lodging property to perform work, take action, or refrain from action to meet the development, design, and maintenance standards set forth in this article and by other applicable laws. If the building official determines that such work, action, or inaction has not been accomplished, the lodging property shall be assessed a reinspection fee in an amount set forth by separate resolution of the city council. Should the lodging property fail to timely pay said re-inspection fee, the city shall be permitted to recover it, plus accrued interest and penalties, utilizing any and all remedies provided by law including but not limited to nuisance abatement and municipal tax lien. Failure to pay the reinspection fee shall be deemed a violation of this article. (Ord. 1088 § 1 (Exh. B))

6.15.730 Design and development standards.

SRO properties shall meet the following design standards:

A. SRO Units.

1. Designation. SRO property owner shall designate specific rooms as SRO units. Said designation cannot change without an amendment to SRO property’s SRO permit. 67 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

2. Bathroom. Shall contain a bathroom facility, with a door for privacy, a lavatory (sink), toilet and bathtub or shower.

3. Efficiency Kitchen. Efficiency kitchen facilities shall exist in each SRO unit that does not have access to a common kitchen (as set forth in subsection (B)(1) of this section). Kitchens shall contain:
a) A refrigerator with freezer.
b) A two burner stove and/or cook top and/or microwave. c) A kitchen or bar sink.
d) Countertop space of at least 30 inches.
e) Sufficient electrical capacity to accommodate such facilities.

4. Habitable Floor Area.
a) For a single occupant a minimum habitable floor area of 120 square feet. b) For two occupants a minimum habitable floor area of 170 square feet. c) For three occupants a minimum habitable floor area of 220 square feet. d) For four occupants a minimum habitable floor area of 270 square feet. e) The permissible number of room occupants shall be capped at no more than four persons.

5. Exterior Doors. Exterior doors of SRO units shall meet standards for exterior door rating.

B. SRO Properties.

1. Common Kitchen Facilities. Shared kitchen space shall exist to serve all SRO units that do not possess a kitchen. Common kitchens shall contain:
a) A full size range with four stove burners and an oven. b) A full size refrigerator with freezer for every six SRO units. c) A full size microwave oven.
d) A full size kitchen sink with garbage disposal.
e) At least 10 feet of countertop space for food preparation. f) Lockable storage cabinets a minimum of two by two by two feet for each SRO unit that does not possess independent kitchen facilities.

2. Trash Enclosure. An SRO property shall provide a three-sided trash enclosure or solid screening of the dumpster from public view.

3. Sewage. All sewer units shall be verified and/or permitted by South Tahoe public utility district or the appropriate provider.

4. Electrical. All SRO properties shall meet electrical service requirements that comply with all applicable laws and are subject to approval of the building official.
68 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

5. ADA Compliance. All SRO properties that make alterations or additions shall comply with the California Building Code, Section 11 B-202, Existing Building and Facilities, and Section 11 B-224, Transient Lodging and Guestrooms.

C. Signage.

1. Proof of SRO permit shall be placed in a conspicuous place in the lobby or other common area of the lodging property such as a laundry room.

2. All SRO units must have an exterior placard containing the following information:
a) Statement that room or unit has been designated as an SRO unit. b) Name of hotel/motel.
c) Address of hotel/motel.
d) Room number.
e) Approved number of occupants.
f) Contact information of city building department to which complaints may be directed.

D. SROs shall meet all other building requirements for residential building units as set forth in the South Lake Tahoe City Code and all other applicable laws. (Ord. 1088 § 1 (Exh. B))

6.15.740 Maintenance standards.

In order to avoid a substantial risk to health and safety, affected residential rental dwellings shall meet the following interior/exterior and site maintenance standards:

A. All parking areas shall be well maintained, including striping and landscaping.

B. All landscaped and non-landscaped areas shall be in compliance with standards set forth in the SLTCC or other applicable laws.

C. Common kitchen areas shall be kept clean and well maintained. (Ord. 1088 § 1 (Exh. B))

6.15.750 Inspections.

A. Inspections. The building official may inspect all permitted SRO properties and SRO units to determine whether such facilities and units comply with conditions of approval and all other applicable laws. Inspections may be performed annually, or more frequently where the building official determines that the SRO property or SRO unit poses a substantial risk to health and safety or violations of this article exist.

B. Inspection Standards. When inspections are made, SRO properties and SRO units shall be required to be in conformance with the standards in effect at the time the facility or unit was permitted, as well as any additional standards mandated by law.

C. Notification and Access.

1. A letter of intent to inspect an SRO property shall be mailed and emailed, when possible, to the owner of the SRO property stating the date and time of inspection and shall provide 14 days’ notice of said inspection. An inspection checklist will be mailed with the letter.

2. It shall be the responsibility of the SRO property owner to notify the tenants, residents and inhabitants of the inspection. The city shall be ensured access to all SRO units and shared facilities throughout the inspection. 69 South Lake Tahoe City Code
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The South Lake Tahoe City Code is current through Ordinance 1163, passed May 3, 2022.

3. In the event an owner or tenant in possession of the property to be inspected refuses access to said property, the city attorney or district attorney is authorized to obtain from a court of competent jurisdiction any warrant necessary to cause the inspection to take place.

D. Voluntary Inspections. Nothing herein shall prevent an owner of a lodging property or a tenant, resident or inhabitant from requesting an inspection at any time for the purpose of determining whether any and all parts of the lodging property comply with this article. Voluntary inspections shall not be subject to the inspection fees set forth by SLTCC 6.15.720. Where violations of this article are discovered during a voluntary inspection, fines shall not be assessed if said violations are corrected within three months of the date of inspection.

E. Reduced Inspections. Lodging properties with SRO unit(s) that have been permitted under this article for a minimum of three successive years and which have complied with all elements of this article shall be eligible for reduced inspections and reduced SRO fees provided the lodging property meets the following standards and requirements set forth by the SLTCC or other agency standards:

1. Defensible space standards.

2. Dumpster enclosures.

3. Landscaping and drainage standards. (Ord. 1088 § 1 (Exh. B))

6.15.760 Violations.

A Any and all violations of this article shall be subject to the city’s administrative citation procedures as set forth in SLTCC Title 2.

B. Any/all practices intended to evade compliance with this article shall be deemed a violation thereof.

C. Residents and inhabitants of SRO units shall not be moved to another unit so as to deprive such residents, tenants and inhabitants of the rights conferred by this article.

D. Relocation of Tenants. If any SRO unit is found to be unsafe to occupy, due to imminent danger to health and safety of the resident(s), the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner, pursuant to the provisions of Health and Safety Code Section 17975 et seq.

E. The following constitute violations of this article:

1. Verifiable complaints of noncompliance with the standards set forth in this article.

2. Failure to obtain an SRO permit where a permit is required.

3. Failure to pay SRO fees, TOT, and/or business and professions tax upon such fees and taxes becoming due.

4. Permissible use of rooms and/or units in a lodging property for a period greater than 29 days without having obtained an SRO permit and without meeting the design, development and maintenance standards set forth by this article.

5. Failure to accommodate inspections authorized by this article. (Ord. 1088 § 1 (Exh. B))

6.15.770 Tourist accommodation units.

All SRO units shall remain tourist accommodation units (TAUs) as set forth by TRPA’s Code of Ordinances, unless converted from a TAU by regulations or means other than this article. (Ord. 1088 § 1 (Exh. B)) 70 ORD Building Standard Codes - Page 1 of 2
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72 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 9
Agenda Item: Acceptance of Congestion Mitigation and Air Quality (CMAQ) funding and Surface Transportation Block Grant (STBG) funding Totaling $146,907 for Lake Tahoe Boulevard Class I Bicycle Trail
Executive Summary: Council will consider adopting a resolution that will accept and appropriate grant funds and adjust the budget for the Lake Tahoe Boulevard Class I Bicycle Trail to be consistent with the authorized budget from Caltrans. Grant funding was previously authorized for the Right-of-Way phase of the project. Unused Right-of-Way funds were transferred to the construction phase of the project, but have not been formally appropriated by Council.

Requested Action / Suggested Motions: Pass a Resolution accepting and appropriating Congestion Mitigation and Air Quality funding in the amount of $111,688 and Surface Transportation Block Grant funding in the amount of $35,219 and correcting the budget by removing $195,655 in excess Surface Transportation Block Grant funds in the Lake Tahoe Boulevard Class I Bicycle Trail Project account.

Responsible Staff Members: Randy Carlson, Associate Civil Engineer and Anush Nejad, Public Works Director
Responsible Staff Member: Randy Carlson, Associate Civil Engineer (530) 542-6033 Anush Nejad, Public Works Director (530) 542-6031
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Lake Tahoe Boulevard Class 1 Bicycle Trail Project.docx 02-Resolution - Lake Tahoe Boulevard Class 1 Bicycle Trail Project.docx 73 Council Agenda Report November 15, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Acceptance of Congestion Mitigation and Air Quality (CMAQ) funding and Surface Transportation Block Grant (STBG) for Lake Tahoe Boulevard Class I Bicycle Trail Project Location: Lake Tahoe Blvd between D Street/Viking Way and the South Wye Intersection Responsible Staff Member: Randy Carlson, Associate Civil Engineer, (530) 542-6033 Anush Nejad, Director of Public Works, (530) 542-6031
Background: On January 18, 2022, City Council awarded a construction contract so Sierra Nevada Construction to construct the Lake Tahoe Boulevard Class I Bicycle Trail Project. In early May of 2022, construction began on the trail. Construction is almost completed, with the pathway lights being the only item not yet constructed. The lights are currently on backorder and are expected to be installed in mid-November.

Issue and Discussion: At the time of the contract award, the project was fully funded by a combination of funding as outlined in Table 1. After consulting with Caltrans and the Tahoe Metropolitan Planning Organization, it was discovered that additional grant funding was left over from the Al Tahoe Mobility Project that could be transferred to the Lake Tahoe Boulevard Class I Bicycle Trail Project. These funds are outlined in Table 2. The attached resolution will accept and appropriate these funds into the project account.

After awarding the project, staff also discovered that $195,655.00 of the Surface Transportation Block Grant funds that were used to fund the project had been inadvertently budgeted for twice within the different phases of the project. The attached resolution will correct the budgeting discrepancy for these funds.

Table 1 - Project Funding
Funding Type Grant Amount
Active Transportation Program (ATP) $744,000.00
Highway Infrastructure Program (HIP) $756,000.00
Congestion Mitigation and Air Quality (CMAQ) $268,775.00 Surface Transportation Block Grant (STBG) $1,473,000.00 General Fund Undesignated Excess Reserve (local match requirement) $323,612.92 General Fund Undesignated Excess Reserve (additional) $685,418.08 Remaining Funds from the Sierra Boulevard Complete Streets Project $348,039.00 Road Maintenance and Rehabilitation Account (RMRA) $432,712.00 Total $5,031,557.00
74 Council Agenda Report November 15, 2022 Page 2 of 2
Table 2 - Additional Grant Funding Available
Funding Type Grant Amount Required Match Total Funds
Congestion Mitigation and Air Quality (CMAQ) $111,688.00 $14,470.36 $126,158.36 Surface Transportation Block Grant (STBG) $35,219.00 $4,562.99 $39,781.99 Total $146,907.00 $19,033.35 $165,940.35
Financial Implications: This project is anticipated to be completed at approximately $130,000.00 under budget, which is approximately 2.5% below the original contract price. This will result in an excess of funds at the end of the project. Any left-over funding will be subject to City Council reappropriations into a different project or returned back to the General Fund based on the funding source origin.

If accepted, the additional grant funding for this project will require an additional $19,033.35 of matching funds to adhere to the 11.47% match requirement that is a condition of receiving the funds. However, the project already has enough General Funds allocated to the project to fulfill this match, so no additional funds are needed nor requested at this time.

The grant funds that were budgeted for twice within the project will be fully offset by a combination of the additional grant funding as well as the project being completed under budget.

Recommended Action: Adopt the attached resolution to accept and appropriate $111,688.00 in CMAQ grant funding into account 301-50026-33119, $35,219.00 in STBG grant funding into account 301-50026-33126, and increase Construction expense budget 301-50026-48030 by a total of $146,907.

Further, amend the project budget to remove $195,655.00 worth of revenue and expense from account 301-50026-33126 STBG and 301-50026-48040 Acquisition.

Environmental Considerations: This Project has already completed the CEQA permitting process. The City Planning Commission adopted and approved a Negative Declaration document for this Project at the September 12, 2019, meeting. (State Clearing House Number 2019079110) NEPA permitting was completed on October 15, 2019. The NEPA process was completed under a Categorical Exclusion as determined by Caltrans, which is the lead implementing agency. (CML 5398(13)) The Project is also a part of the TRPA Environmental Improvement Program (EIP) and has a TRPA EIP project permit.

Policy Implications: This Project is consistent with many of the City Council’s priorities for 2019 and beyond. The Project is a recreational and transportation improvement that will develop a new class I bicycle trail approximately 0.6 miles in length. This bike trail will also close an important gap in the south shore trail system. The Project also encourages people to get out of their cars and to walk or ride their bikes, which is in line with Council’s desire to combat climate change. Lastly, the Project will reconstruct some of the drainage infrastructure along Lake Tahoe Boulevard, which will extend the lifetime of the roadway and reduce required maintenance along this section of the roadway. 75 Resolution 2022-XXX November 15, 2022 Page 1 of 2
Resolution 2022-XX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
Accepting and Appropriating Congestion Mitigation and Air Quality (CMAQ) funding in the amount of $111,688 and Surface Transportation Block Grant (STBG) in the amount of $35,219 and correcting the budget by removing $195,655 in excess STBG grant funds in the Lake Tahoe Boulevard Class I Bicycle Trail Project account.

BACKGROUND
A. On November 15, 2021, bids were received for construction of the Lake Tahoe Blvd Class 1 Bicycle Trail Project. Contractor, Sierra Nevada Construction was determined to be the lowest responsible and responsive bidder.

B. On January 18th, 2022, City Council accepted and appropriated grant funding and General Fund provide funding in the total amount of $5,031,557.00 for this project and awarded a construction contract to Sierra Nevada Construction in the amount of $4,634,007.00.

C. Additional CMAQ grant funds were determined to be available for this project in the amount of $111,688.00.

D. Additional STBG grant funds were determined to be available for this project in the amount of $35,219.00.

E. No matching funds appropriations is required at this time due to the project previously receiving General Fund allocations that are sufficient to be used towards the required match.

F. A budgeting discrepancy was discovered that inadvertently double accounted for $195,655.00 worth of the Surface Transportation Block Grant funds.

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

1. Accepts $111,688 in Congestion Mitigation and Air Quality funding to the Project.

2. Accepts $35,219 in Surface Transportation Block Grant funding to the Project.

3. Removes $195,655 in excess Surface Transportation Block Grant funding from the Project.

4. Appropriates funding into the existing CIP project fund account as follows:

Fund/Account Description Total
301-50026-33119 Appropriate CMAQ Funding $111,688
301-50026-33126 Appropriate STBG Funding $35,219
301-50026-48030 Appropriate Project Expense $146,907
301-50026-33126 Remove Excess STBG Funding ($195,655)
301-50026-48040 Remove Excess Expense ($195,655)
76 Resolution 2022-XXX November 15, 2022 Page 2 of 2
Adopted by the City of South Lake Tahoe City Council on November 15, 2022, by the following vote:

Yes:

No:

Abstain:

Absent:

The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
__________________ Date:_____________
Devin Middlebrook, Mayor
Attest:
________________________
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.
77 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 10
Agenda Item: City Salary Table Amendments - Minimum Wage Increase Executive Summary: The proposed resolution implements a $15.50 per hour minimum wage for all City positions, as required by California law, effective January 1, 2023. The hourly rate for several temporary, seasonal, and part-time position classifications would be amended to a) incorporate the mandated $15.50 minimum wage, and b) maintain the appropriate separation between various steps in the approved salary ranges.

In 2016, the State of California passed SB 3 which increases the minimum wage to $15.00 per hour by the year 2022. After reaching $15.00 an hour, the minimum wage will be adjusted annually for inflation based on the national consumer price index for urban wage earners and clerical workers (CPI-W).

In August of this year the State announce the minimum wage would increase to $15.50 effective January 1, 2023. The City Salary Table must be updated to reflect the latest minimum wage increase, and CalPERS also requires posting of the current City Salary Table.

Requested Action / Suggested Motions: Pass Resolution to raise minimum wage for City employees to $15.50, effective January 1, 2023.

Responsible Staff Member: Tom Stuart, Assistant to the City Manager II (530) 542-6052 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - City Salary Table Amendments.docx
02-Resolution-City Salary Table Amendments.docx
03-2023 Salary Table (Exh. A to Reso).pdf
78 Council Agenda Report November 15, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: City Salary Table Amendments - Minimum Wage Increase Location: Citywide
Responsible Staff Member: Tom Stuart, Assistant to the City Manager II (530) 542-6052 Background: In 2016 the State of California passed SB 3 which increases the minimum wage to $15.00 per hour by the year 2022. The minimum wage increase is phased in over years 2017 – 2022. After reaching $15.00 an hour, the minimum wage will be adjusted annually for inflation based on the national consumer price index for urban wage earners and clerical workers (CPI-W).

August of this year the State announce the minimum wage would increase to $15.50 effective January 1, 2023.

The City of South Lake Tahoe has seasonal or part time temporary positions that will fall below the $15.50 minimum wage. The City Salary Table must be updated to reflect the minimum wage increase.

Issue and Discussion: The City hires seasonal temporary employees into the Cashier, Recreation Leader I, Pool Lifeguard, and Head Lifeguard classifications annually. Staff members in these classifications assist with our recreational needs throughout the year. During the summer months seasonal staff is hired to operate the Recreation Programs.

Other employees are hired not based on a specific season, but to work part-time maintaining various programs such as ongoing aquatic / recreation programs. Additionally, departments will occasionally hire interns to offer practical work experience in a particular occupation to help individuals new to that field and to provide general assistance to departments on an as-needed basis. The City hires anywhere from 1 to 5 interns annually based on department needs. The following seasonal or part time temporary classifications will need to be adjusted to ensure compliance with California minimum wage effective January 1, 2023: Cashier I,II, Pool Lifeguard, Head Lifeguard, Recreation Leader I, II, Recreation Instructor, Head Cashier, and Intern. 79 Council Agenda Report November 15, 2022 Page 2 of 3
Additionally, CalPERS requires annual posting of a City Salary Table, therefore we are bringing forward the full salary table for approval.

To ensure constancy and to remain competitive in the labor market, salary adjustments will be made to the seasonal positions that mirror regular full-time positions.

Financial Implications: The total cost of the proposed minimum wage adjustments across the entire City organization is estimated at approximately $20,000.

CASHIER I CASHIER II HEAD CASHIER
Current Hourly New Hourly Current Hourly New Hourly Current Hourly New Hourly

15.0000 15.5000 15.7179 16.4702 16.5750 17.4788

15.7500 16.2750 16.5038 17.2937 17.4038 18.3528

16.5375 17.0888 17.3289 18.1583 18.2739 19.2704

17.3644 17.9432 18.1954 19.0663 19.1876 20.2339

18.2326 18.8403 19.1052 20.0196 20.1470 21.2456

19.1442 19.7824 20.0604 21.0206 21.1544 22.3079

PARK ATTENDANT II PARK RANGER I PARK STEWARD
Current Hourly New Hourly Current Hourly New Hourly Current Hourly New Hourly

15.5000 16.0000 15.5000 16.0000 15.0000 15.5000

16.2750 16.8000 16.2750 16.8000 15.7500 16.2750

17.0888 17.6400 17.0888 17.6400 16.5375 17.0888

17.9432 18.5220 17.9432 18.5220 17.3644 17.9432

18.8403 19.4481 18.8403 19.4481 18.2326 18.8403

19.7823 20.4205 19.7823 20.4205 19.1442 19.7824

POOL LIFEGUARD RECREATION INSTRUCTOR RECREATION LEADER I Current Hourly New Hourly Current Hourly New Hourly Current Hourly New Hourly

15.0000 15.5000 15.9643 16.2146 15.0000 15.5000

15.7500 16.2750 16.7625 17.0253 15.7500 16.2750

16.5375 17.0888 17.6006 17.8766 16.5375 17.0888

17.3644 17.9432 18.4807 18.7704 17.3644 17.9432

18.2326 18.8403 19.4047 19.7089 18.2326 18.8403

19.1442 19.7824 20.3749 20.6943 19.1442 19.7824

RECREATION LEADER II
STREET

MAINTENANCE INTERN
Current Hourly New Hourly Current Hourly New Hourly Current Hourly New Hourly

15.7179 16.4702 15.4998 17.4788 15.0000 15.5000

16.5038 17.2937 16.2748 18.3528 15.7452 16.2750

17.3289 18.1583 17.0885 19.2704 19.2441 17.0888

18.1954 19.0663 17.9429 20.2339 20.2062 17.9432

19.1052 20.0196 18.8401 21.2456 21.2166 18.8403

20.0604 21.0206

PARK ATTENDANT I
Current Hourly New Hourly

15.0000 15.5000
80 Council Agenda Report November 15, 2022 Page 3 of 3
Environmental Considerations: The Minimum Wage Increase 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 commonsense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the 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: The Minimum Wage Increase is consistent with California Senate Bill

3. 81
Resolution 2021-XXX November 15, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
Amending the City Salary Table to incorporate a mandated minimum wage increase

BACKGROUND
A. In 2016, the State of California passed SB 3 which increases the minimum wage to $15.00 per hour by the year 2022. The minimum wage increase is phased in over years 2017 – 2022.

B. Effective January 1, 2023 the minimum wage will increase to $15.50 per hour.

C. Changes must be made to the City Salary Table to reflect the changes to the minimum wage.

D. To ensure constancy and to remain competitive in the labor market, salary adjustments will be made to the seasonal positions that mirror regular full-time positions.

E. CalPERS requires posting of a city-wide salary table.

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

1. Amends the City Salary Table attached as Exhibit “A” to reflect the changes to minimum wage and satisfy the CalPERS requirement.

2. Authorizes any additional action be taken to implement the above.

Adopted by the City of South Lake Tahoe City Council on November 15, 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.
82 Resolution 2021-XXX November 15, 2022 Page 2 of 2
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 11
Agenda Item: Grant Applications for Tahoe Metropolitan Planning Organization (TMPO) 2023 Regional Grant Program for Up to Ten Pedestrian, Bike Trail, and Electric Vehicle Charging Projects Executive Summary: The Tahoe Metropolitan Planning Organization (TMPO) announced the 2023 Regional Grant Program for projects on November 1, 2022, which is estimated at $14.9 million for federal fiscal years 2023-24 through 2026-27. The grant applications are due on December 12, 2022.

The Public Works Department along with the City Manager's office is considering applying for ten projects including the Micro Transit Program Electric Vehicle Charging Base Station, Pioneer Pedestrian Trail Phase II, Palmira Bike Trail Connector, Dennis Machida Memorial Bike Trail 1C, City Public Electric Vehicle Charging Sites, and Johnson Boulevard Complete Streets. This action will authorize the staff to finalize the grant applications and the required matching funds to apply for these grants by the grant due date.

Requested Action / Suggested Motions: Pass a Resolution Authorizing Submittal of Grant Applications to TMPO for federal fiscal years 2023-24 through 2026-27.

Responsible Staff Member: Anush Nejad, Director of Public Works Responsible Staff Member: Responsible Staff Members: Anush Nejad, Director of Public Works and Jim Marino, Capital and Facilities Program Manager
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report TMPO Grant.docx
02-Resolution TMPO Grants.docx
124
Council Agenda Report November 15, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Grant Applications for Tahoe Metropolitan Planning Organization (TMPO) 2023 Regional Grant Program
Location: Various Locations - Citywide
Responsible Staff Member: Anush Nejad, Director of Public Works (530) 542-6031, and Jim Marino, Capital Improvement Program and Facilities Program Manager (530) 542-6027 Background: On November 1, 2022, the Tahoe Metropolitan Planning Organization (TMPO) announced the 2023 Regional Grant Program (RGP) Call for Projects estimated at $14.9 million for federal fiscal years 2023-24 through 2026-27. Project sponsors are invited to submit applications requesting funding for transportation projects and programs in the Tahoe Region.

The application deadline is Monday, December 12, 2022.

The Linking Tahoe RGP supports the implementation of regional and local transportation priorities along with the 2020 Regional Transportation Plan and vehicle miles traveled threshold.

The RGP seeks to leverage funding sources, when possible, to increase the success and effectiveness of project implementation. The focus of the program is to create additional transportation options and an enhanced transportation system to provide safe, multi-modal improvements that provide social and environmental benefits. The program of projects selected through the RGP sets to prioritize projects that benefit transportation disadvantaged and historically marginalized communities. This RGP now includes the Carbon Reduction Program through the Infrastructure Investment and Jobs Act. These new funds are focused on reducing carbon emissions and will also help fill the region’s transportation funding gap.

The grant program is administered by Tahoe Regional Planning Agency as the TMPO, allocating funds to transportation projects that support regional transportation goals through a competitive process. The TMPO will notify the successful applicants by January 2023.

Issue and Discussion: The Public Works and City Manager’s staff have identified ten projects or phases of projects in the City’s Capital Improvement program that could be funded through the RGP.

The following table shows the list of projects, funding category, phase of the project, and expected matching funding requirements. Most of the projects require an 11.47% local match except for Active Transportation Program, which has no matching fund requirement. 125
Council Agenda Report November 15, 2022 Page 2 of 2
Proposed Projects
Financial Implications: Staff is currently compiling the information for the grant application and will reach out to the TMPO staff to clarify grant submittal requirements. If grant applications for all ten projects are submitted, the expected local match for each Fiscal Year is as follows:

Source of Funds FY 23-24 FY 24-25 FY 25-26
Unallocated General Funds $30,854 $241,329 $317,375
Measure S Match $86,025
Environmental Considerations: The appropriation of funds for the above-mentioned projects is not approval of a project requiring review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15352 (because this decision does not commit the City to a definite course of action in regard to any project) and 15378(b)(4) (creation of government funding mechanisms or other government fiscal activities) or Federal Environmental Protection Act (NEPA) requirements. Each project will require a federal environmental clearance prior to construction.

Policy Implications: Applying through the TMPO Regional Grant Program will allow the City to move forward with the implementation of Capital Improvement and Carbon Reduction programs. 126
Resolution 2022-XXX November 15, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
Authorizing Submittal of Grant application(s) for Tahoe Metropolitan Planning Organization (TMPO) 2023 Regional Grant Program

BACKGROUND
A. On November 1, 2022, the Tahoe Metropolitan Planning Organization (TMPO) announced the 2023 Regional Grant Program (RGP) Call for Projects estimated at $14.9 million for federal fiscal years 2023-24 through 2026-27.

B. Project sponsors are invited to submit applications requesting funding for transportation projects and programs in the Tahoe Region. The application deadline is December 12, 2022.

C. The grant program is administered by Tahoe Regional Planning Agency as the TMPO, allocating funds to transportation projects that support regional transportation goals through a competitive process.

D. The Public Works and City Manager’s staff have identified ten projects or phases of projects in the City’s Capital Improvement program that could be funded through the RGP.

E. The grant program requires an 11.47% local match except for Active Transportation Program, which has no matching fund requirement.

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 Director of Public Works to submit a grant application for up to ten local Capital Improvement Program projects.

2. Authorizes the total local match requirement for FY 23/24, 24/25, and 25/26 as follows:

Source of Funds FY 23-24 FY 24-25 FY 25-26
Unallocated General Funds $30,854 $241,329 $317,375
Measure S Match $86,025
127
Resolution 2022-XXX November 15, 2022 Page 2 of 2
Adopted by the City of South Lake Tahoe City County on November 15, 2022, by the following vote:

Yes:

No:

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.
128
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 12
Agenda Item: Increase to Airport Landing Fees
Executive Summary: The Lake Tahoe Airport (Airport), in accordance with Federal Aviation Administration (FAA) regulation and guidance, seeks to appropriately charge for use of its facilities.

Revenues from these charges are intended to help the Airport be as financially self-sustaining as possible and to reduce the subsidy provided by the Airport’s sponsor, the City of South Lake Tahoe (City). City Council has directed City Staff to bring back a landing fee analysis to possibly mirror Truckee's landing fee structure. The proposed changes would increase landing fees to a $50 flat rate for helicopters over 3,000 pounds, and to a range of $8.00 to $12.00 per 1,000 pounds for fixed wing aircraft over 5,000 pounds. The proposed changes would also remove the high season and off-peak season rate differential. If adopted, the Airport could possibly see a positive revenue increase of around $180,000.00.

Requested Action / Suggested Motions: Pass a Resolution adopting increased Airport Landing Fees for City Master Schedule of Fees and Charges for City Services 2022-2023.

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 - Airport Landing Fees.docx
02-Resolution - Airport Landing Fees.docx
03-Presentation
129
Council Agenda Report- November 15, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Increase to Airport Landing Fees
Location: Lake Tahoe Airport
Responsible Staff Member: John Dickinson, Airport Manager (530) 542-6169 Background: The Lake Tahoe Airport (Airport), in accordance with Federal Aviation Administration (FAA) regulation and guidance, seek to charge for use of its facilities appropriately.

The goal of the Airport in evaluating and updating its existing fee schedule is to establish a fair and justified fee structure and to eliminate the existing subsidy from the City’s General Fund. This will result in a position where the Airport is capable of funding ongoing maintenance and capital projects that improve the operator experience and increase the facility’s reliability for all users.

Over the past 15 years, the average annual General Fund transfer to subsidize operating and capital expenses for the Airport has been nearly $600,000. Evaluation of the fee structure provides an opportunity to eliminate this subsidy and eventually turn the facility into a selfsufficient operation.

Inconsistent facility operations over that same period have contributed indirectly to the amount of subsidy from the General Funds. The Airport is prone to experience periods of heavy snowfall during the winter months. The failure to open the facility consistently and successfully for business during these events has hindered its ability to recoup operating expenses through fees paid by visiting aircraft while also limiting the Airport’s use by its own tenants. In addition, the Airport has not been in a financial position to conduct needed maintenance for both the airfield and hangars.

By balancing its revenues and expenses, the Airport can operate independently from the City’s budget and begin to take steps to provide a consistently excellent and reliable user experience.

This new standard is not only the Airport and City wish to reach and uphold but is also one that the FAA requires of all airport facilities that accept federal grants for airport-related improvements.The Airport has accepted FAA grants to support continued airport operations, making it federally obligated to comply with those grant assurances. Four specific assurances are related to how airports conduct business, establish fees, and spend revenue:
 22. Economic Nondiscrimination – The Airport must remain available for public use and without unjust discrimination.
130
Council Agenda Report- November 15, 2022 Page 2 of 2
 23. Exclusive Rights – The Airport will permit no exclusive right for the use of the Airport by any person providing, or intending to provide, aeronautical services to the public.  24. Fee and Rental Structure – The Airport will maintain a fee and rental structure for the facilities and services at the Airport which will make the Airport as self-sustaining as possible.
 25. Airport Revenues – All revenues generated by the Airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the Airport.

These FAA grant assurances specifically require the Airport and its Sponsor to conduct fair business practices and collect revenue solely to establish self-sufficiency. These federal obligations serve as guiding principles in analyzing the Airport’s current financial context and its rates and charges.

The Rate Study was considered by the City Council on October 4, 2022. The City Council voted to enact a revised rates and charges schedule effective January 1, 2023.

Issue and Discussion: During the City Council meeting on October 4, 2022, the City Council directed staff to conduct analysis regarding potentially increasing the Landing Fees to a rate similar to those adopted by the Truckee Tahoe Airport (TRK) on October 1, 2022. To properly assess Landing Fees, the Airport contracted Jviation, a Woolpert Company.

The analysis of the TRK landing fee rate structure was completed through the use of flight data (FlightAware) collected from October 1, 2021, through October 1, 2022. The analysis finds that if transient operations remain consistent the evaluation period noted above, the Airport would generate revenue that could potentially cover additional staffing and operational needs. This would further enhance its ability to improve operational reliability and become financially selfsufficient. Also, the Airport has brought on Virtower to better understand the types of aircraft landing at TVL. They are looking to set up equipment this month and can provide more data before the next Master Fee update. This data is collected year-around and will prove beneficial to the airport to help understand the total operations coming to TVL.

The additional Landing Fee revenues will provide the Airport funds to conduct additional capital maintenance and improvement projects, as shown in the attached Report.

Financial Implications: Increasing landing fees may allow for the City to reduce its subsidy to the Airport and cover additional staffing and operational needs of the Airport.

Environmental Considerations: Increasing landing fees is not a project subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creating of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: New airport landing fee rates, effective January 1, 2023, will be established by Resolution if adopted by City Council today.
131
Resolution 2022-XXX November 15, 2022 Page 1 of 4
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
Adoption of Revised Airport Fees for City Master Schedule of Fees and Charges for City Services 2022-2023

BACKGROUND
A. Federal Aviation Administration (FAA) states that “The [Airport] sponsor may impose a fee unilaterally, after consultation with users, if the fee is fully consistent with the [Federal Aviation Administration] Policy on Airport Rates and Charges.” The Airport has accepted FAA grants to support continued airport operations, making it federally obligated to comply with those grant assurances. Four specific assurances are related to how airports conduct business, establish fees, and spend revenue:
 22. Economic Nondiscrimination – The airport must remain available for public use and without unjust discrimination.
 23. Exclusive Rights – The airport will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public.  24. Fee and Rental Structure – The airport will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible.
 25. Airport Revenues – All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport.

B. These FAA grant assurances specifically require the Airport and its Sponsor to conduct fair business practices and collect revenue solely to establish self-sufficiency. These federal obligations serve as guiding principles in analyzing the Airport’s current financial context and its rates and charges.

C. Exhibits A and B to this resolution set forth increased landing fees and maintain other fees currently in place for the Airport.

D. In accordance with City Council direction from its meeting on October 4, 2022, Staff has conducted a Landing Fee Analysis to evaluate application of a landing rate fee structure comparable to the Truckee Tahoe Airport.

E. As a matter of City policy, the Airport wishes to recover the costs of providing special airport services, such that the general fund revenues are not diverted from general city services to subsidize airport services as long as those charges are consistent with the Federal Aviation Administration Policy Regarding Airport Rates and Charges. 132
Resolution 2022-XXX November 15, 2022 Page 2 of 4
F. City Council deliberated on comments made by the public ensuring fees are not unjustly discriminatory, and are fair and reasonable.

G. The increased landing fee amounts set forth in Exhibit B are effective on January 1, 2023.

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

1. Approves the Landing Fee Rate Structure for airport fees as noted in the schedule attached hereto as Exhibit B.

Adopted by the City of South Lake Tahoe City Council on November 15, 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.
133
Resolution 2022-XXX November 15, 2022 Page 3 of 4

EXHIBIT A
Current Landing Fees (redline)
Note: Base tenants are not subject to landing fees
134
Resolution 2022-XXX November 15, 2022 Page 4 of 4

EXHIBIT B
Revised Airport Landing Fees
Airport
Fee Description Unit Adopted Fee 11/15/2022
Effective 1/1/2023
Landing Fee Helicopter Takeoff Weight
3,001+ $50.00 flat rate
Landing Fee Fixed Wing Takeoff Weight Per 1,000 lbs.
5,501 - 19,000 $8.00
20,000 - 49,000 $10.00
50,000+ $12.00
Note: Base tenants are not subject to landing fees
135

LANDING FEE

ANALYSIS
City Council
City of South Lake Tahoe
November 15, 2022
136
Agenda
• Current Landing Fee Structure
• Data Analysis
• Comparison
• Findings
137
Current Fee Structure
TVL Landing Fee Structure
Per 1,000 lbs.

TRK Landing Fee Structure
Per 1,000 lbs.

Aircraft Landing Weights* Off Peak Summer
6,001 – 11,999 $2.53 $3.03
12,000 – 29,999 $3.11 $3.72
30,000 – 59,999 $3.60 $4.36
60,000+ $3.64 $4.88
Aircraft Takeoff Weights** Fee
Helicopter
3,001+ $50.00 flat rate
Fixed Wing
5,501 – 19,999 $8.00
20,000 – 49,999 $10.00
50,000+ $12.00
• Off Peak (Sep. 11 to May 30)
• Summer (May 31 to Sep. 1)
• No distinction for Helicopters • No Seasonal Rate Structure • Local based aircraft are exempt
*Maximum Landed Weight – maximum weight at which an aircraft is permitted to land **Maximum Takeoff Weight – maximum weight at which an aircraft is permitted to takeoff, typically a higher value than maximum landed weight
138
Data Analysis
FlightAware Data
• Provide historical, current and predictive aircraft movement • FAA and private sources as well as ADS-B data from on-aircraft • ADS-B equipped aircraft emit a signal that is for exact position • General aviation aircraft were recently required to have ADS-B installed (Jan. 2020) Obtained flight records from FlightAware
• 9,932 flights recorded from Oct. 2021 to Oct. 2022
• Removed all local flights (TVL to TVL), based aircraft, air medical, and military/government • Removed all departing flights
• Remaining dataset of landings at TVL from visiting aircraft: 2,901 139
Application of
Fee
Structures
• Flights from visiting aircraft - 2,901
Eligible TVL FlightAware Activity
• Adjustment for 6,000 lbs. and under landed weight
Application of TVL Fee Structure
• Adjustment for 5,500 lbs. and under takeoff weight
Application of TRK Fee Structures
• TVL – 1,384 flights
• TRK – 1,487 flights
Eligible FlightAware Activity
140
FlightAware Activity Per Fee Categories
Lake Tahoe Airport Activity Aircraft
Off Peak (6,001 – 11,999) 170
Off Peak (12,000 – 29,999) 251
Off Peak (30,000 – 59,999) 118
Off Peak (60,000+) 20
Summer (6,001 – 11,999) 200
Summer (12,000 – 29,999) 324
Summer (30,000 – 59,999) 253
Summer (60,000+) 48
Total 1,384
Truckee Tahoe Fee Structure Aircraft
Helicopters (3,001+) 52
Fixed Wing (5,501 – 19,999) 819
Fixed Wing (20,000 – 49,999) 508
Fixed Wing (50,000+) 108
Total Activity 1,487
141
Findings
October 2021 to October 2022 Aircraft
Charged
Gross
Receipts
Airport Share FBO Share
Lake Tahoe Fee Structure Applied 1,384 $121,077 $90,807 $30,269 Truckee Tahoe Fee Structure Applied 1,487 $356,286 $267,215 $89,072 Airport Revenue: potential increase of $176,408 if transient operations remain comparable to Oct. 2021-Oct. 2022
Proposed Landing Fees Fee
Helicopter Takeoff Weight
3,001+ $50.00 flat rate
Fixed Wing Takeoff Weight per 1,000 lbs.
5,501 – 19,999 $8.00
20,000 – 49,999 $10.00
50,000+ $12.00
142
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 13
Agenda Item: Energy Goals Update
Executive Summary: This item provides an update to Council on progress toward achieving ambitious municipal and community-wide renewable energy goals. Staff seeks direction from Council to pursue potential actions including pursuing legal counsel to assist with feasibility of community choice aggregation, seeking a rule change with the California Public Utilities Commission to allow larger renewable energy projects in Liberty Utilities' service area, and working with a company to develop electric vehicle charging, renewable, and storage infrastructure.

Requested Action / Suggested Motions: City Council will receive an update on progress towards meeting the City's municipal and community-wide energy goals and is asked to provide direction to staff.

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

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01 - Staff Report - Energy Goals Update.docx
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Council Agenda Report- November 15, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Energy Goals Update
Location: Citywide
Responsible Staff Member: Sara Letton, Sustainability Coordinator (530) 542-6175 Background: The city has ambitious municipal and community-wide energy goals. This item is an update on progress toward achieving both municipal and community-wide goals.

On August 3, 2021 Council gave direction to pursue a five-year franchise agreement with Liberty Utilities and in parallel, to negotiate a “partnership agreement” or memorandum of understanding (MOU) agreeing to work together towards our energy goals, and to evaluate the possibility of forming or joining a community choice aggregation program (CCA). The City entered franchise agreement negotiations and began studying the CCA path.

The following background is a chronological list of actions involving the pursuit of a CCA, of an MOU with Liberty, and other energy goals since the August 2021 meeting:
 The Caldor Fire interrupted life and normal City operations in late summer 2021.  The City passed Resolution 2021-104 on December 7, 2021 “Aspiring Towards Citywide 100 Percent Renewable, Carbon-Free Electricity, 24/7 by 2030” in recognition of, among other things, climate change driving the increase in wildfire severity and frequency.  The City’s first Sustainability Coordinator was hired on February 28, 2022.  On June 7, 2022, City Staff brought a request to receive direction from city council to move forward with a CCA feasibility study, estimated at $40 – 60,000 to council on June 7, 2022, and to subsequently come back and appropriate the money.  On June 21, 2022, Council adopted a science-based greenhouse gas reduction target, which was a slight increase from the target articulated in Resolution 2017-26.  City Staff and City Manager and City Attorney met four times with Liberty Utilities to discuss a MOU to work in partnership toward city energy goals: October 20, 2021, June 9, 2022; July 6, 2022; August 11, 2022.
 On August 26, 2022, Liberty informed City Staff that they would no longer engage in any negotiation of an MOU, citing corporate level hesitation to set precedent for other communities who might make similar requests.
 On September 1, 2022, City Staff and Manager met with local Liberty representatives who offered to consider working on projects together but would not commit to anything in writing.
 City Staff continued to try to draft up an RFP for a CCA feasibility study. With continued research, the feasibility of forming or joining a CCA is uncertain. Staff has continued to 144
Council Agenda Report- November 15, 2022 Page 2 of 3
interview and research those involved in the CCA process, as well as those entities who might be able to help the City attain its energy goals outside of a CCA program.  On September 16, 2022, The State of California codified a statewide carbon neutrality goal by 2045 and 85% emissions reduction target, as well as created clean energy targets of 90% by 2035, 95% by 2040, all leading to 100% clean electricity retail sales by 2045.  On November 15, 2022, City Staff is bringing a recommendation for a one-year franchise agreement with Liberty Utilities to Council.

Issue and Discussion: How is the City going to achieve its ambitious municipal and community-wide renewable energy goals?

1. Form or join a CCA in order to take on procurement of energy:

Most cities in California who have similar goals have found a path to achieving those goals by managing their own energy procurement by way of community choice aggregation programs (CCAs) or by way of being a municipally owned utility. The well-worn path of joining or forming a CCA is to conduct a feasibility study and consider partners in a Joint Powers Authority structure. It has become clear that a CCA path for the City, however, is unique and untested and that issuing an RFP for a CCA feasibility study is premature until some high-level legal and regulatory questions can be answered. At issue is the fact that CCAs are regulated by the California Independent System Operator (CAISO), but the City’s energy infrastructure necessitates its energy to be delivered by Nevada Energy (NVE). NVE currently has no system in place to regulate a California CCA and CCAs do not exist in Nevada. Unprecedented interstate collaboration would be necessary. City Staff seeks direction from Council to identify how much it would cost for to obtain legal counsel to advise on how/if to form or join a CCA.

Depending on the result, Staff could return to Council with a request to appropriate funds.

2. Seek a rule change with the CPUC to open opportunities for larger renewables projects while Liberty continues to procure energy:

Because Liberty is a small investor-owned utility, it is exempt from some of the rules that apply to the larger utilities in California. The City could seek guidance from the California Public Utilities Commission (CPUC) in having Liberty provide tariffs beneficial to the City, and other large energy customers in the City, as provided by the large investor-owned utilities to their customers. For example, there has been interest in seeking a tariff allowing local renewable energy production exceeding 1 megawatt. Seeking this guidance entails a formal letter requesting an Order Instituting Rulemaking. City Staff seeks direction from Council on whether to send such a letter.

3. Work with a company to develop electric vehicle charging, renewables, and storage infrastructure:

The City has the opportunity to engage with a company that can help us deliver on our energy and greenhouse gas reduction goals. These companies often start with efficiency projects and electrification of facilities, and this can be paid for out of energy bill savings, i.e. no up-front cost by the City. This is a low risk way to begin making progress on our goals, especially our municipal energy goal to achieve 100% renewable by 2025. Updates to our purchasing code to allow design-build public works contracts for projects over $1 million would be helpful in working with such a company, and Staff plans to bring such an ordinance for City Council consideration in January 2023. We can pursue this while working in parallel with Liberty in pursuit of additional 145
Council Agenda Report- November 15, 2022 Page 3 of 3
projects that will advance the community-wide goals. City Staff recommend releasing an RFP as soon as possible.

Financial Implications: None at this time. However, option #1 could lead to a request for funds; option #2 costs would be relatively minimal in staff time only; and option #3 could likely set up the City to find significant cost savings in energy bills. Option #3 may also present opportunities to pursue low-cost financing in order to invest in projects identified through a project identification process in partnership with the selected company.

Environmental Considerations: Providing direction to staff on these matters is statutorily exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15262 (feasibility and planning studies for possible future actions which the City Council has not yet approved, adopted, or funded).

Policy Implications: This item addresses or proposes to make progress on the following City policy documents:

Strategic Plan, 1.5 Carbon Neutrality, “Implement a variety of projects to reach the City’s 100% renewable energy goals, eventually achieving carbon neutrality, Action item 3: Work with community partners to achieve 100% local, renewable energy for all entities by 2025.” Resolution 2017-26, “Establishing renewable energy and carbon emissions reduction goals for South Lake Tahoe”
Resolution 2021-104, “Aspire towards citywide 100 percent renewable, carbon-free electricity, 24/7 by 2030.

Resolution 2022-088, “Adopting a science-based target for greenhouse gas emissions reductions by 2030”
2020 Climate Action Plan, Strategy 10: Renewable Energy, “focusing on increasing the use of renewable energy in the community through advocating for utility-scale renewable energy, the potential development of a community choice aggregation program, and production and use of renewable energy.

Action: RE – 1: Transition the City to 100% renewable electricity  Work with Liberty Utilities to offer green power/renewable energy purchasing (i.e. green tariff) to customers;
 If progress is not being made toward these goals by 2025, begin process of developing a community choice aggregation ordinance.

Action RE – 2: Increase Renewable Energy and Storage Throughout the Community  Pursue community solar and distributed energy systems; explore the development of community solar projects on city-owned land, possibly public-private partnerships, to increase the resilience of City operations;
 Explore options for and the feasibility of increasing local solar energy production and distributed renewable energy while using energy storage systems.” 146
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 14
Agenda Item: Resolution of Intent to Award One-Year Electric Franchise to Liberty Utilities Executive Summary: On August 3, 2021, City Council provided direction to seek a 5-year franchise agreement with Liberty Utilities, with a 5-year option to extend upon satisfactory cooperation on advancing the City's Climate Action Plan and renewable energy goals and expediting undergrounding of electric utilities. The direction was to include these City goals in a Memorandum of Understanding (MOU) with Liberty Utilities, to be adopted as the same time as the franchise agreement. Since then, staff has been working with Liberty Utilities on this effort, but unfortunately Liberty Utilities staff recently informed the City that they are not willing to enter into any MOU. Therefore, in accordance with prior Council direction, staff recommends adopting a resolution of intent to award a one-year franchise agreement to allow the time to explore potential alternatives to a long-term franchise agreement with Liberty Utilities.

These alternatives may include putting our electric franchise out for a competitive bid and exploring the feasibility of creating a municipal electric utility. Liberty Utilities has informed staff that they will not accept a one-year franchise, so if City Council would like to entertain a longer franchise agreement, such direction can be provided to staff. If the resolution of intent is adopted, a public hearing will be held at the City Council meeting on January 10, 2023.

Requested Action / Suggested Motions: Pass a Resolution of Intent to Award an Electric Franchise to Liberty Utilities for a Term of One Year.

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

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Attachments:
01 - Staff Report on Liberty Utilities Franchise Agreement.docx 02 - Resolution of Intent to Grant Franchise.docx
03 - Draft Liberty Franchise Ordinance.docx
04 - Liberty Application for Franchise.docx
05 - Expired Franchise Agreement.pdf
06 - Email from Liberty Regarding One-Year Franchise Agreement.pdf 147
Council Agenda Report- November 15, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Resolution of Intent to Adopt One-Year Franchise Agreement with Liberty Utilities Location: Citywide
Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Background:

Since incorporation in 1965, the City has entered into two 25-year electric franchise agreements under the Franchise Act of 1937, California Public Utilities Code section 6201 et seq. Under the Franchise Act, the applicant electric utility must file an application stating that during the life of the franchise, it will pay to the City 2 percent of the gross annual receipts of the applicant arising from the use, operation, or possession of the franchise. The 2 percent fee compensates the City for the use of its right-of-way for the utility’s infrastructure.

The most recent electric utility franchise agreement was a 25-year agreement with Sierra Pacific Power Company dated April 20, 1993. In 2010, the franchise agreement transferred to California Pacific Energy Company, LLC (CalPeco), and in 2011, CalPeco was acquired by Liberty Utilities.

The parties inadvertently allowed the franchise agreement to expire in April 2018, but have been operating since then as if the agreement were still in place. Liberty Utilities paid its franchise fees of $265,863 in 2019, $250,660 in 2020, $285,453 in 2021, and $300,846 in 2022.

The parties began discussing potential terms of a new franchise agreement in early 2021. On August 3, 2021, City Council provided direction to pursue a new shorter-term franchise agreement with Liberty Utilities and to bring a Memorandum of Understanding (MOU) with Liberty Utilities at the same time to address cooperation on the City’s priorities including: (1) Climate Action Plan implementation and renewable energy support, especially working to achieve a solar tariff greater than 1 megawatt and expanded battery storage; and (2) expediting undergrounding of utilities.

City Council requested that the term of the franchise agreement be 5 years with the ability to extend for another 5 years upon meeting benchmarks in the MOU.

Since then, the City Manager, City Attorney, Public Works Director, and Sustainability Coordinator have met with staff and attorneys from Liberty Utilities multiple times to discuss Liberty’s current sustainability initiatives and the terms of a potential MOU. On October 1, 2021, Liberty Utilities submitted an application under California Public Utilities Code section 6231 for a 25-year franchise agreement. In June, the City provided Liberty Utilities with a draft MOU. Unfortunately, Liberty Utilities staff recently informed City staff that they are not willing to enter into any MOU with the City.

Issue and Discussion:
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Council Agenda Report- November 15, 2022 Page 2 of 2
At this time, staff recommends adopting a resolution of intent to enter into a one-year franchise agreement with Liberty Utilities to give the City time to explore potential alternatives, including: (1) putting the franchise agreement out for competitive bid including a description of the character of the franchise to be awarded under the Broughton Act, California Public Utilities Code section 6001 et seq., which could allow the City to include one or more of the desired policy initiatives in the request for bids; and (2) exploring the possibility of creating a municipal electrical utility. The oneyear franchise agreement could be extended before it expires if more time is needed. Liberty Utilities, however, has indicated that it would not accept a one-year franchise agreement. If City Council would like to entertain a longer franchise agreement, such direction can be provided to staff.

Having a franchise agreement in place would ensure that Liberty Utilities continues to pay its franchise fees and that the City is indemnified and held harmless by Liberty Utilities from any liability for damages proximately resulting from Liberty Utilities’ operations.

Financial Implications:

The City receives an annual fee equal to 2 percent of Liberty Utilities’ gross annual receipts under the expired franchise agreement, which has historically been over $250,000 per year. This statutory fee is intended to compensate the City for the utility’s use of the public right-of-way.

Environmental Considerations:

Entering into an electric utility franchise agreement is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301(b) (existing facilities of utilities used to provide electric power).

Policy Implications:

The City’s Strategic Plan 2021-2026 includes Priority 1.5 (Carbon Neutrality) and Action Item 3, to work with community partners to achieve 100% local, renewable energy for all entities by 2025.

The City has also adopted a Climate Action Plan that includes strategies with Liberty Utilities as a partner, including promoting and incentivizing electric vehicle chargers, electrifying the existing building stock by 2030, transitioning to 100% renewable electricity, pursuing community solar and distributed energy systems, and supporting waste to energy and methane collection. Entering into a short-term franchise agreement will allow the City to explore other options besides a longer-term franchise agreement and MOU with Liberty Utilities to advance these goals. 149
Resolution 2022-XXX November 15, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
Resolution of Intent to Approve Franchise Agreement with Liberty Utilities

BACKGROUND
A. On October 1, 2021, the City of South Lake Tahoe received an application from CalPeco Electric, LLC (Liberty Utilities) under Section 6231 of the California Public Utilities Code for an electric franchise within the City’s jurisdiction.

B. Liberty Utilities’ application states that the applicant, if granted the franchise, will pay to the City, during the life of such franchise, two percent (2%) of its gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than one percent (1%) of Liberty Utilities’ gross annual receipts derived from the sale within the limits of the City the utility service for which the franchise is awarded.

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

1. Declares its intention to grant to Liberty Utilities the franchise applied for, for a term of one year, pursuant to Section 6232 of the California Public Utilities Code.

2. Sets the public hearing on this matter for January 10, 2023, at 9:00am, or as soon thereafter as it may be heard, at the City Council Chambers at 1901 Lisa Maloff Way, South Lake Tahoe, California.

3. Directs the City Clerk to publish a notice at least once within fifteen (15) days after the passage of this resolution in a newspaper of general circulation within the City of South Lake Tahoe.

Adopted by the City of South Lake Tahoe City Council on November 15, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
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Resolution 2022-XXX November 15, 2022 Page 2 of 2
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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Ordinance 2023-XXX _______, 2023 Page 1 of 4
Ordinance 2023-XXX
Adopted by the City of South Lake Tahoe
City Council
____________, 2023
An Uncodified Ordinance Approving a Franchise Agreement with Liberty Utilities for the Purpose of Transmitting Electricity and Other Commodities Under, Along, and Across City Streets

FINDINGS
A. On March 19, 1968, the City Council of the City of South Lake Tahoe adopted Ordinance No. 154, granting an electric utility franchise to Sierra Pacific Power Company for a term of twentyfive (25) years under the Franchise Act of 1937, California Public Utilities Code section 6201 et seq.

B. On April 20, 1993, the City Council of the City of South Lake Tahoe adopted Ordinance No. 817, extending and modifying the terms of an electric utility franchise agreement with Sierra Pacific Power Company, which agreement had a term of twenty-five (25) years.

C. On October 19, 2010, the City Council of the City of South Lake Tahoe approved the assignment of the franchise agreement with Sierra Nevada Pacific Power Company to California Pacific Electric Company, LLC.

D. On January 1, 2011, Liberty Utilities acquired California Pacific Electric Company, LLC.

E. The franchise agreement expired on April 20, 2018, but since that time, the parties have been operating as if the agreement was still in place.

F. On October 1, 2021, CalPeco Electric, LLC (Liberty Utilities) provided to the City of South Lake Tahoe an application for this franchise in accordance with California Public Utilities Code section 6231.

G. On November 15, 2022, the City of South Lake Tahoe adopted a Resolution of Intention to grant this franchise to Liberty Utilities, which was published on [DATE] and set a public hearing for January 10, 2023 in accordance with California Public Utilities Code section 6232.

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

SECTION 1. This franchise is granted under and pursuant to the provisions of the Franchise Act of 1937, California Public Utilities Code section 6201, et seq. Whenever in this ordinance the words “Grantee” and “City” are used, they shall mean Liberty Utilities and the City of South Lake Tahoe, respectively.
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Ordinance 2023-XXX _______, 2023 Page 2 of 4
SECTION 2. Grantee, through this franchise, shall retain the right, privilege, and permission to construct and use poles, wires, conduits, and appurtenances for transmitting and distributing electricity for all purposes under, along, across, or upon the public streets and way, alleys, and public places and grounds as the same now or may hereafter exist within the City of South Lake Tahoe, County of El Dorado, State of California.

SECTION 3. The said Grantee, its successors and assigns, are hereby granted said franchise, right, privilege, and permission hereinabove mentioned for the term of one (1) year from and after the date of the adoption and passage of this ordinance, or until such time as the franchise is forfeited or the City shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain in accordance with then existing law all property actually used and useful in the exercise of said franchise. Said franchise shall never be considered or taken into account in fixing the value of said property.

SECTION 4. The Grantee of this franchise shall:
a) Construct, install, and maintain all pipes, conduits, poles, wires, substations, switching stations, and appurtenances in accordance and in conformity with all the ordinances, rules, and regulations heretofore and hereafter adopted by the City Council in the exercise of its police powers and not in conflict with the paramount authority of the State of California and, as to state highways subject to the laws relating to the location and maintenance of such facilities; b) Make to standards established by the City in the reasonable exercise of its discretion, all repairs to public property made necessary by any of the operations of Grantee under this franchise, or at the option of Grantee, pay to the City the cost of such repairs; c) To the maximum extent allowed by law, indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise;
d) Comply with all federal, state, and local laws and ordinances governing the use, storage, generation, or disposal of hazardous substances. In the event a public right-of-way becomes contaminated in any manner for which Grantee is legally liable, Grantee shall promptly, at its sole expense, take any and all necessary actions, as required by law, to return the public right-ofway to the conditions existing prior to any such contamination. Further, Grantee shall indemnify and hold harmless the City from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys fees, consultant, and expert fees) arising during or after the term of this franchise which occur as a result of such contamination by Grantee. This indemnification shall include, without limitation, any and all cleanup costs incurred due to any investigation of the site or any cleanup, removal, or restoration mandated by a federal, state, or local agency or political subdivision.

Settlement of any action which is subject to this provision shall be wholly within the control of Grantee. Provided, however, that in the event of dispute over the terms of any such settlement between Grantor and Grantee, the issue shall be resolved by a court of competent jurisdiction. e) Remove or relocate, without expense to the City, any of its facilities installed, used, and maintained under the franchise as and when made necessary by any lawful change of grade or 153
Ordinance 2023-XXX _______, 2023 Page 3 of 4
alignment or width of any public street, way, alley, or public places and grounds including the construction of any fixed guideway or other similar transportation system by the City; f) File with the City Council of the City at least thirty (30) days prior to any sale, transfer, assignment, or lease of this franchise or any party thereof, or any of the rights or privileges granted thereby, written evidence of the same certified to by the officers of the Grantee duly authorized. The City Council reserves the right, in the reasonable exercise of its discretion, to approve, conditionally approve, or deny at such sale, transfer, assignment, or lease or any part thereof. g) Apply for and obtain a City business license under Chapter 3.35 of the City Code.

SECTION 5. Said Grantee and its assigns must, during the life of this franchise, right, privilege, and permission pay to the City two percent (2%) of the gross annual receipts of said Grantee arising from the use, operation, or possession of said franchise; provided, however, that such payment shall in no event by less than one percent (1%) of the gross annual receipts of said Grantee derived from the sale within the limits of the City of South Lake Tahoe of the utility service for which this franchise is awarded.

The provisions contained in this Section shall be deemed a minimum franchise fee. Both Grantor and Grantee expressly reserve the right to reopen and reconsider the amount and type of fees due under this franchise in the event of any change in state or federal law governing such matters. Any such reconsideration shall not shorten or extend the term of this franchise.

SECTION 6. The Grantee of this franchise shall file with the City Clerk within three (3) months after the expiration of the calendar year or fractional calendar year following the date of this franchise and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail, the total gross receipts of such Grantee, its successors, and assigns during the preceding calendar year, or such fractional calendar year, from the sale of the utility service for which this franchise is granted; such Grantee shall pay to the City within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year or such fractional calendar year covered by such statement.

Any neglect, omission, or refusal of said Grantee to file such verified statement or to pay said percentage at the times or in the manner here provided, shall be grounds for the declaration of the forfeiture of this franchise and all rights thereunder.

SECTION 7. This franchise shall take effect thirty (30) days after its adoption, however, will not be in full force and effect until such time as written acceptance thereof shall have been filed by the Grantee thereof with the City Clerk.

SECTION 8. 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, subjection, 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 9. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.
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Ordinance 2023-XXX _______, 2023 Page 4 of 4
Adopted by the City of South Lake Tahoe City Council on _______, 2023 by the following vote:

Yes:

No:

Abstain:

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

Published:

Second Reading:

Effective:
155
October 1, 2021
Via: U.S. Mail and Email
City of South Lake Tahoe City Council
c/o Susan Blankenship, City Clerk
1901 Lisa Maloff Way, Suite 206
South Lake Tahoe, CA 96150
RE: Application for Franchise
Dear City Council Members:

In accordance with Section 6231 of the California Public Utilities Code, Liberty Utilities (CalPeco Electric) LLC (Liberty) hereby applies for an electric utility franchise conveying the right, privilege and permission to construct and use poles, wires, conduits and appurtenances for transmitting and distributing electricity for all purposes under, along, across or upon the public streets and ways, alleys and public places and grounds as the same now or may hereafter exist within the City of South Lake Tahoe, County of El Dorado, State of California.

Background:

On April 20, 1993, the City Council of the City of South Lake Tahoe (City) adopted Ordinance No. 817, extending and modifying the terms of an electric utility franchise agreement with Sierra Pacific Power Company, for a term of 25 years. The City Council subsequently approved the assignment of that agreement to Liberty Utilities (CalPeco Electric) LLC. The franchise agreement expired on April 20, 2018. Since then, the parties have continued to operate under the terms of the agreement, and recently have engaged in informal discussion of a replacement agreement. Following on that discussion, and because Liberty desires to continue serving as a provider of electric utility services to the City using facilities located on City property, Liberty formally submits this Application.
156
2 Application Information:

The process governing the submission, consideration and approval of an application for a utility franchise between an investor-owned utility and a California general law city is set forth in Public Utilities Code Section 6231, et seq. As required by statute, Liberty Utilities provides the following information:
 The name of the applicant is Liberty Utilities (CalPeco Electric) LLC.  The purpose for which the franchise is desired is to continue constructing and using poles, wires, conduits and appurtenances located under, along, across or upon the public streets and ways, alleys and public places and grounds within the municipal boundaries of the City of South Lake Tahoe.
 Liberty requests that the franchise be granted for a definite term of 25 years, which is the same period of time granted in previous franchise agreements between the City and Liberty or its predecessors.
 If the franchise is granted, applicant will pay the City during the life of the franchise 2 percent (2%) of applicant’s gross annual receipts arising from the use, operation, or possession of the franchise, except that this payment shall be not less than 1 (1%) percent of the applicant’s gross annual receipts derived from the sale within the limits of the City of the utility service for which the franchise is awarded.

We appreciate the City Council’s consideration of the application and look forward to continuing our beneficial relationship.

Sincerely,
Chris Alario, President, California
Cc: Joseph Irvin, City Manager
Heather L. Stroud, City Attorney
157
\
}.

CITY OF SOUTH LAKE TAHOE
ORDINANCE NO. 817

AN UNCODIFIED ORDINANCE

EXTENDING AND MODIFYING THE TERMS OF

A FRANCHISE WITH SIERRA PACIFIC POWER COMPANY

FOR THE PURPOSE OF TRANSMITTING ELECTRICITY

AND OTHER COMMODITIES UNDER, ALONG AND

ACROSS CITY STREETS
The City Council of the City of South Lake Tahoe does
hereby ordain as follows:

Section 1: The terms and conditions contained within
that certain franchise previously granted to Sierra Pacific Power Company, a corporation duly incorporated under and existing under and by virtue of the laws of the State of Nevada, its successors and assigns, through adoption of Ordinance No. 154, are hereby extended and modified as set forth herein. Whenever in this ordinance the words "Grantee" and "City" are used, they shall mean Sierra Pacific Power Company and the City of South Lake Tahoe, respectively.

Section 2: Grantee, through this extension of its
franchise, shall retain the right, privilege and permission to construct and use poles, wires, conduits and appurtenances for transmitting and distributing electricity for all
purposes under, along, across or upon the public streets and ways, alleys and public places and grounds as the same now or may hereafter exist within the City of South Lake Tahoe, County of El Dorado, State of California.

Section 3: The said Grantee, its successors and
assigns, are hereby granted an extension of said franchise, right, privilege and permission hereinabove mentioned for the term of twenty-five (25) years from and after the date of the adoption and passage of this ordinance, or until such time as the franchise is forfeited or the City shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain in accordance with then existing law all property actually used and useful in the exercise of said franchise. Said franchise shall never be considered or taken into account in fixing the value of said property.

Section 4: The Grantee of this franchise shall:
(a) construct, -install and maintain all pipes, conduits, poles, wires, substations, switching stations and_
appurtenances in accordance and in conformity with all the 158
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161
From: Sharon Yang
To: Heather Stroud; Joseph Irvin; Sara Letton; Anush Nejad Cc: Jennifer Guenther; Faviola Ochoa; Lindsay Maruncic; lmh Subject: FW: Franchise agreement
Date: Wednesday, October 26, 2022 3:56:12 PM
Attachments: image001.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you for sharing the draft resolution of intent.

We are disappointed to learn that you intend to present this resolution and recommend that the City Council authorize formal proceedings to grant a one-year franchise without informing the City Council that Liberty’s October 1, 2021 application was for a 25-year franchise and—more importantly—that Liberty has not agreed to accept a one-year franchise. We remind you that Public Utilities Code section 6235 expressly provides: “A franchise granted under this chapter does not become effective until the grantee files written acceptance thereof with the clerk of the granting municipality.”
We have been and will continue to be open to discussing a reasonable term less than 25 years. But Liberty Utilities will not accept a one-year franchise, which would be completely at odds with the purpose of the franchise and with precedent.

We urge you to reconsider the course you are pursuing. Unless you notify us otherwise by close of business on Monday, October 31, we will assume that you intend to pursue the resolution of intent at the November 15, 2022 council meeting, and will send a letter directly to the City Council informing it that Liberty cannot and will not accept a one-year grant of franchise, explaining the wellfounded reasons why this is the case.

To be clear, Liberty will continue to serve the City of South Lake Tahoe under the terms of the prior franchise agreement. Liberty will also continue its efforts aimed at decarbonizing its generation portfolio and supporting the City’s renewable energy goals as a utility partner and service provider.

We are available to discuss this matter at your convenience. We hope that we can reach a constructive agreement on how to move forward.

Sharon Yang | Liberty Utilities (West Region) | Director of Legal Services VAT#123456
P: 562-805-2014 | C: 530-721-0888 | E: [email protected] From: Heather Stroud <[email protected]>
Sent: Tuesday, October 25, 2022 8:04 AM
To: Lynn Haug <[email protected]>
Cc: Joseph Irvin <[email protected]>; Sara Letton <[email protected]>; Anush Nejad <[email protected]>; Jennifer Guenther <[email protected]> Subject: RE: Franchise agreement
Hi Lynn,
162
Here is the draft resolution of intent.

Regards,
Heather
Heather L. Stroud
City Attorney
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
(530) 542-6046
[email protected]
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipients(s) and may contain information protected by the attorney-client privilege, the attorney work product doctrine or other applicable privileges or confidentiality laws or regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

From: Lynn Haug <[email protected]>
Sent: Monday, October 24, 2022 2:50 PM
To: Heather Stroud <[email protected]>; Jennifer Guenther <[email protected]>
Cc: Joseph Irvin <[email protected]>; Sara Letton <[email protected]>; Anush Nejad <[email protected]>
Subject: RE: Franchise agreement
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Heather,
Can you send us a copy of the resolution of intent described below (or a link if that is easier)? Thanks,
Lynn
Lynn Haug
Ellison Schneider Harris & Donlan, LLP
163
2600 Capitol Avenue, Suite 400
Sacramento, CA 95816
Cell: 916-801-1395
Office: 916-447-2166
[email protected]
CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) may be confidential and privileged. They are intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying, distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Moreover, any such inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you have received this communication in error, please contact the sender at the internet address indicated or by telephone at (916) 447-2166. Thank you.

From: Heather Stroud <[email protected]>
Sent: Friday, October 21, 2022 4:13 PM
To: Jennifer Guenther <[email protected]>; Lynn Haug <[email protected]> Cc: Joseph Irvin <[email protected]>; Sara Letton <[email protected]>; Anush Nejad <[email protected]>
Subject: Franchise agreement
Hi Jennifer and Lynn,
I wanted to let you know that I will be bringing a resolution of intent to award a one-year franchise agreement to Liberty at our November 15 City Council meeting. We hope you are able to attend in person or by zoom. Please let me know if you have questions in the meantime.

Thank you,
Heather
Heather L. Stroud
City Attorney
City of South Lake Tahoe
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
(530) 542-6046
[email protected]
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipients(s) and may contain information protected by the attorney-client privilege, the attorney work product doctrine or other applicable privileges or confidentiality laws or regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 15
Agenda Item: Reject All Bids - Recreation and Aquatics Center Project Phase 2 Executive Summary: A public bid opening for the Recreation and Aquatics Center Project Phase II was held on October 24, 2022. The City received two bids for the project. The lowest responsive bid was submitted by ACC Contractors Inc., of Azusa CA in the amount of $59,400,000. After receiving the Notice of Intent to Award from the City, ACC Contractors provided notice of withdrawal of their bid citing clerical error per California Public Contract Code section 5103.

The second bid received exceeds the City’s fiscal capacity for the project, so staff is recommending City Council reject all bids under Public Contract Code section 20166.

Requested Action / Suggested Motions: Pass a Motion to reject all bids received for the Recreation and Aquatics Center Phase II Project - 15-30160018 - Phase 2 - BN-1 and direct staff to re-bid the Project at a future date.

Responsible Staff Member: Jim Marino, Capital Improvements Program Manager and Facilities Program Manager
Responsible Staff Member: Jim Marino - Capital Improvements Program Manager and Facilities Program Manager
Reviewed and Approved By:

Anush Nejad, Director of Public Works
Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report.docx
02-ACC Request to Withdraw Bid.pdf
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City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Reject all Bids - Recreation and Aquatics Center Phase II Project Location: 1150 Rufus Allen Boulevard, South Lake Tahoe, CA Responsible Staff Member: Jim Marino, Capital Improvement Program Manager (530) 542- 6027.

Background:

The Recreation and Aquatics Center Project Phase 1 was awarded on June 21, 2022, which will achieve substantial completion by the end of November 2022. Phase 1 consists of site protection, tree removal, stump removal, demolition of existing buildings, abandonment and/or removal of existing above-ground and underground utilities, installation of new utilities to support the future phase 2, installation of new utilities to support existing structures, relocation of an existing prefabricated restroom facility, site grading, and site winterization.

The Department of Public Works released Phase 2 bid documents for the vertical construction and remaining site work to the public on August 22, 2022. Five hundred and seventy (570) contractors, subcontractors, and vendors licensed to perform the work were electronically notified via the city’s electronic bid site. In addition, the city’s Construction Management team also reached out to contractors. Sixteen prime contractors downloaded documents for bidding.

On October 24, 2022, at 2:00 p.m. the Department of Public Works held a public bid opening. Two (2) bids were received for the project. Bid tabulation is as listed below in Table A.

Firm Location Lump Sum Base Bid Amount
1 ACC Contractors Inc. Azuza, CA $59,400,000
2 Bobo Construction Inc. Elk Grove, CA $69,926,610
Table A – Firms submitting bids
The bids shown in Table A represent the base bid. Per the project specifications, the selection of the lowest responsive bid shall be awarded based on the base bid (Table A). For this project, the city has also included in the bid four additive alternates as listed below in Table B that can be added to the project base bid award by the City Council.

Additive Alternates Added Cost
1 Enhanced Gym Floor Striping $100,000
2 Additional Court Backstops $300,000
3 HVL Ceiling Fans (Gymnasium) $60,000
4 Paging/Intercom System (entire facility) $100,000
Total $560,000
Table B – Additive Alternates
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The Department of Public Works, in coordination with the city’s pre-construction team SierraCon/CORE, estimated the project’s construction cost at $52,000,000 in June 2022 based on construction document drawings and specifications completed in March 2022. The estimate also included cost contingency for market escalation forecasted after the bid date. The estimate was based on consultation with prime and sub-contractors working in the general region on similar projects as well as hard cost data from similar projects within the Reno/Sacramento area.

The low bid of $59,400,000 represents an increase of approximately 12.5% over the engineer’s estimate.

The California Construction Cost Index (CCCI) maintained by the State of California Department of General Services (DGS) shows an annual construction cost increase of 13.5% for this area, and DGS data shows that construction inflation has risen 54% in the past ten years.

Labor demands, supply chain issues, recent inflationary rise of goods and services are all contributing to escalated construction costs. Between January 2020 to July 2021, prices of all materials and services for new construction performed by contractors have gone up 26.3% on a national average (AGC, August 20211
). DGS also reported that new construction costs in California went up 15.22% from June 2021 to June 2022. Through 2022, prices for construction materials have continued their ascent and in addition, skilled labor has become even more scarce than in previous years.

The City of Los Angeles Bureau of Engineering (BOE) provided a report summarizing escalated construction costs in which the BOE looked at 20 Municipal Facility project bids between 2017 to July 2022. The projects were typically bid on a lump sum basis similar to this bid. The analysis was to look at the variance between the low bid and City Engineer’s Estimate on a project-by-project basis. The average in the variance between the low bid price as compared to the City Engineer Estimate from 2017 through 2021 was that the low bid averaged 5.9% higher than the City Engineer’s estimate. In 2022 this number increased dramatically to the low bids averaging 40.68% higher than the City Engineer’s Estimate.

Construction project starts are also being delayed accommodating supply chain challenges and labor shortages, and the time delays and the uncertainty in product pricing are also resulting in higher bids.

Contractors are transferring these risks to the Owner at the time of bidding.

Cumming Incorporated, a firm specializing in construction estimating indicates via historical cost data the number of bids received for a project has the following estimated effect on Engineer’s Estimate:

One Bid: Add +24% to +40%
Two to Three Bids Add +15% to +20%
Four to Five Bids Add +4% to +10%
Six to Seven Bids Deduct 0% to -4%
More than Eight Bids Deduct -5% to -20%
While municipalities may estimate how many bids, they are likely to receive for a project, It really is an unknown until the time of bid opening. With only two bids being received for this project, the proposed project award is 12.5% above Engineer’s Estimate and is in line with the construction industry trend for the region. Upon review of the bids, staff determined ACC Contractors Inc. of Azuza, CA as the lowest responsive bidder, and suggested moving forward with the financing and award to ACC Contractors Inc., in the amount of $59,960,000.

Issue and Discussion:

On October 24, 2022, after opening bids and establishing that ACC Contractors Inc., was the lowest responsive bidder, Staff issued a Notice of Intent to Award to ACC Contractors Inc. to all bidders and

1 AGC is an organization of qualified construction contractors and industry related companies dedicated to skill, integrity, and responsibility. Website: https://www.agc.org/
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contractors who registered for the project. On October 26, ACC Contractors Inc. notified the Department of Public Works via email of their request to withdraw their bid per Public Contract Code section 5103, citing clerical error. Section 5103 of the California Public Contract Code states:

The bidder shall establish to the satisfaction of the court that:
(a) A mistake was made.
(b) He or she gave the public entity written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred.
(c) The mistake made the bid materially different than he, or she intended it to be. (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.

Staff is skeptical regarding the alleged $10 million clerical error, but even if the City refused to excuse ACC Contractors Inc. from their bid under this provision, its bid bond (worth 10% of their bid) would not cover the difference to the second low bid, which exceeds the City’s fiscal capacity for the Project, and would likely result in litigation that could cause further delay. Therefore, Staff is recommending City Council reject all bids under Public Contract Code section 20166:

In its discretion, the legislative body may reject any bids presented and readvertise. If two or more bids are the same and the lowest, the legislative body may accept the one it chooses. If no bids are received, the legislative body may have the project done without further complying with this chapter.

The rejection of all bids will result in project delay. The timeline for re-bid is uncertain at this point, but staff will be looking towards a 2024 construction start. While the delay is unfortunate, the delay provides staff with the opportunity to focus on strategies to increase bidding competition, provide project scheduling incentives, investigate staging area incentives, conduct value engineering analysis, hold meetings with potential future contractors to develop partnership for future bidding, potentially pre-qualify contractors prior to bidding, and explore new or emerging alternative fund sources such as grants and donor opportunities.

Staff will provide an update to Council at a future meeting regarding the re-bid schedule and strategies.

Financial Implications:

At the time of this report, the City has not entered into the sale of Lease Revenue Bonds for the project, therefore the City is not obligated to pay bond debt. Additionally, the City will continue to collect Measure P revenue to be applied to future project.

The re-bidding of the project may incur additional architectural and engineering costs as staff will review the existing project specifications and requirements and explore opportunities to increase the bidding competition. If cost amendments are required for the existing consultant agreements, staff will bring the requested actions to a future City Council meeting.

Environmental Considerations:

On January 18, 2022, City Council certified the mitigated negative declaration for the 56 Acre Master Plan and the Recreation and Aquatics Center (State Clearing House file #2021120206) and the Notice of Determination was filed with the El Dorado County Clerk on 1/19/2022. 169
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Policy Implications:

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

Strategic Plan 1.2 – Mid-town Revitalization - Action Items

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

2. Complete the new Recreation and Swim Complex.

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

General Plan Policy LU‐8.1: Mountain Architectural Theme. The City shall promote the use of a “mountain” architectural theme in all new and remodeled developments. Mountain architecture features the use of pitched roofs, natural colors, and natural material such as rock and wood.

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

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

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

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

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

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

General Plan Policy PQP‐10.2: Energy Efficiency in City Buildings and Facilities. The City shall incorporate energy efficiency standards into all City‐owned and operated buildings and facilities. 170
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General Plan Policy PQP‐10.4: Joint‐Use Facilities. The City shall coordinate with other agencies to establish and maintain joint‐use facilities in South Lake Tahoe.

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

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

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

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

Policy C: Provide a greater variety of sporting facilities in the "Government Center" District (CSLT Recreation Complex, Campground by the Lake, Lake Tahoe Community College, etc.), while maintaining those that are existing. Review the possibility of expanding the CSLT Parks and Recreation facilities located on Rufus Allen Boulevard. Additional outdoor uses (volleyball courts, horseshoe pits, picnic tables/eating areas, ice skate rink, etc.) would be an asset, when provided in conjunction with the existing uses at the complex.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 16
Agenda Item: South Lake Tahoe Tourism Improvement District Annual Report for Fiscal Year 2021-2022
Executive Summary: City Council will receive the FY 2021-2022 Annual Report of the South Lake Tahoe Tourism Improvement District (SLTTID). The authorization for the SLTTID requires the TID to prepare and submit to the City an annual report of activities, a budget summary, and a financial statement. The SLTTID currently levies a nightly assessment of $4.00 (hotels and motels) and $5.50 (other lodging options) on lodging businesses in South Lake Tahoe based on the renewal of the SLTTID in December 2019 for a ten-year term. These funds are used for community marketing and tourism promotion. The proposed FY 2022-2023 budget is $3,083,370 and the funds are administered by the Lake Tahoe Visitors Authority.

Requested Action / Suggested Motions: Receive the FY 2021-2022 Annual Report of the South Lake Tahoe Tourism Improvement District.

Responsible Staff Member: Andrew Black, Financial Service 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 - SLT TID Annual Report
02-Annual Report
03-Attachment 2022 SLTTID Annual Audit Report
04-Reso No. 2019-059 SLTTID
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City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: South Lake Tahoe Tourism Improvement District Fiscal Year 2021-2022 Annual Report Location: Citywide
Responsible Staff Member: Andrew Black, Financial Services Supervisor, (530) 542-6016 Finance Department
Background: In accordance with the Property and Business Improvement District Law of 1994, Resolution No. 2006-52 was adopted by the City Council on September 5, 2006. The Resolution established the South Lake Tahoe Tourism Improvement District (SLTTID) and authorized levying an assessment on lodging businesses to provide a mechanism for stable funding of community marketing and tourism promotion. On December 8, 2009 Resolution No. 2009-103 was adopted by the City Council which renewed the SLTTID for a period of ten years and increased the nightly assessment amount. On August 6, 2019 Resolution No. 2019-059 was adopted by the City Council renewing the SLTTID for another ten-year term commencing on December 18, 2019 and expiring on December 17, 2029, conditional upon the Lake Tahoe Visitors Authority (LTVA) amending its bylaws within two years to add a City of South Lake Tahoe City Council representative to the LTVA Board. Subsequently, LTVA amended its bylaws to add that effective January 2021, the at-large Director from California be replaced by one at-large Director “either employed by the City of South Lake Tahoe or a member of the South Lake Tahoe City Council.” Currently, Council Member Bass serves as a City of South Lake Tahoe City Council representative to the LTVA Board.

Issue and Discussion: The agreement with the SLTTID states that the City shall be responsible for the collection of assessments. After the monthly collections, accounting, and reconciliation, the funds are passed through to the TID less a 1% administrative fee. The agreement also requires the TID to prepare and submit to the City an annual report of activities, a budget summary, and a financial statement. All required items are enclosed for review and approval by the City Council. The Council may approve the report as submitted or may modify it pursuant to Streets and Highways Code Sections 36635 and 36636. The Council may not approve a modification that would change the basis or method of assessment that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments.

Annual assessments: Lodging businesses in the city of South Lake Tahoe included in the District are subject to an assessment. The current assessment rates are $4.00 per paid occupied room night on hotels and motels, and $5.50 per paid occupied room night on timeshares, condos, duplexes, triplexes, and vacation homes under management contracts.

The assessment began on November 1, 2006. In 2019, the SLTTID was renewed for a ten year term expiring on December 17, 2029. An optional increase of one dollar starting in the 176
Council Agenda Report November 15, 2022 Page 2 of 2
fifth year of the current contract (2023-24) is outlined in the Management District Plan, to be approved at the discretion of the District board. There are no changes to the boundaries or areas of benefit in the District. The method of assessment remains the same as in previous years.

Revenues: The TID Board has budgeted $3,083,370 in 2023, which is a 2.0% increase over the Fiscal Year 2022 budget. The TID revenue budgeted in fiscal year 2022 was $3,022,911.

Actual collections in fiscal year 2021 totaled $3,165,769. The City of South Lake Tahoe receives a 1% administrative fee for collection of the monthly assessment, distribution of funds to the TID, and other financial support services. Additionally, in fiscal 2022 the District reimbursed the City for credit card fees incurred in fiscal 2020/21 in the amount of $16,497.

Expenses: The largest expense of the TID is for Marketing and Promotions; along with Special Events, their total comprises 76.0% of the TID budget. Administrative expenses include office rent, insurance, utilities, supplies, and administration payroll, representing 9.0% of the budget. The Visitor Center represents 5.0% of the budget, while Communications and Public Relations represent 4.0% of the budget. The remaining budget includes a 4.6% contingency fund, a 1.0% administrative fee to the City of South Lake Tahoe and 0.4% in credit card fees reimbursement to the City. There is no expected surplus or deficit.

Financial Implications: Included in the TID 2021-2022 Annual Report is the fiscal year 2022-2023 budget, which includes General Fund revenue in the amount of $30,834 as well as $12,333 in reimbursement for credit card fees.

Environmental Considerations: The proposed action is not a “project” subject to review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15378(b)(4) (creation of government funding mechanisms or government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment).

Policy Implications: Consistent with City’s Financial Policies and requirements of Streets and Highways Code Section 36650.
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Resolution 2019-059 August 6, 2019 Page 1 of 4
Resolution 2019-059
Adopted by the City of South Lake Tahoe
City Council
August 6, 2019
Declaring the Results of the Majority Protest Proceedings and Renewing the South Lake Tahoe Tourism Improvement District (SLTTID)

BACKGROUND
A. The Property and Business Improvement District Law of 1994, California Streets and highways Code Section 36600, et seq., (the “Law”) authorizes cities to establish and renew business improvement areas for the purpose of promoting tourism.

B. The City Council of the City of South Lake Tahoe ( the “City Council”) established the South Lake Tahoe Tourism Improvement District (“ SLTTID”) in 2006 and levied an annual assessment based upon a flat rate of $2.00 per paid occupied room per night on hotels and motels and $3.00 per paid occupied unit per night on timeshares, condos, triplexes, duplexes and homes under management contracts.

C. The term of the SLTTID was established on September 5, 2006, for a period of five years See Resolution 2006-52) pursuant to the Law.

D. The renewal term of the SLTTID was established on December 8, 2009 for a period of ten years pursuant to the Law.

E. The SLTTID will be in effect for ten (10) years from December 18, 2019, conditional upon the Lake Tahoe Visitors Authority ( LTVA) amending its bylaws within two years to add a City of South Lake Tahoe City Council representative to the LTVA Board. After ten years, or two years if the condition is not fulfilled, the petition and City Council hearing process must be repeated for the SLTTID to be renewed.

F. Lodging business owners paying more than fifty percent ( 50%) of the assessment within the SLTTID have submitted petitions to City Council in favor of renewing the SLTTID.

G. The City of South Lake Tahoe shall charge a 1% administrative fee to collect assessments and distribute the funds the SLTTID Corporation.

H. Included with the petitions was a Management District Plan summary that describes the proposed assessment to be levied on benefitted lodging businesses which shall be used to fund marketing and promotions to increase tourism and market the South Shore of Lake Tahoe as a unique, world- class year-round resort destination.

I. The lodging businesses within the SLTTID shall benefit from the activities and improvements set forth in the Management District Plan.

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J. On June 18, 2019, the City Council adopted a Resolution of Intention No. 2019-043, which provided that a public meeting on the renewal of the SLTTID shall be held on July 16, 2019 at 5:30 p.m. and a public hearing shall be held on August 6, 2019 at 9:00 am at the City Council of the City of South Lake Tahoe meeting held at the City Council Chambers, 1901 Airport Road, South Lake Tahoe, California.

K. The public hearing to consider the formation of the SLTTID has been properly noticed in accordance with Streets and Highways Code 36623.

L. At 5:30 p.m. on July 16, 2019, in the City Council Chambers, 1901 Airport Road, South Lake Tahoe, California, the City Council held a public meeting regarding the renewal of the SLTTID, and the City Council heard and received objects and protests, if any, to the renewal of the SLTTID and the levy of the proposed assessment.

M. At 9:00 a.m. on August 6, 2019, in the City Council Chambers, 1901 Airport Road, South Lake Tahoe, California, the City Council held a public hearing regarding the renewal of the SLTTID, and the City council heard and received all objections and protests to the renewal of the SLTTID and the levy of the proposed increased assessment.

N. The City Council received all objections and protests regarding the renewal of the SLTTID and the levy of the proposed increased assessment and have determined that the there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the renewed SLTTID which would pay fifty percent ( 50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business.

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

1. The recitals set forth herein are adopted by the City Council as finding and are true and correct.

2. The City council finds that the majority protests do not constitute more than fifty (50) percent of the total assessment revenue to be raised and therefore a majority protest does not exist to the renewal of the SLTTID.

3. Conditional upon the LTVA amending its bylaws on or before December 17, 2021, to add a City of South Lake Tahoe City Council representative to the LTVA Board, SLTTID is renewed for a ten (10) year term that shall commence on December 18, 2019 and shall expire on December 17, 2029. If LTVA does not amend its bylaws by December 17, 2021, to add a City of South Lake Tahoe City Council representative to the LTVA Board, then the SLTTID shall expire after a two (2) year term that shall commence on December 18, 2019, and shall expire on December 17, 2021.

4. The activities and improvements set forth in the recitals shall be funded by the levy of an assessment on lodging businesses within the SLTTID, as described in the Management District Plan that is on file with the City Clerk.

5. The City Council finds as follows:

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Resolution 2019-059 August 6, 2019 Page 3 of 4
a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the SLTTID that is not provided to those not paying the assessment. b) The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.
c) The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
d) Assessments imposed pursuant to the SLTTID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the “SLTTID Assessment” or Tourism Assessment” as specified in the Management District Plan.

6. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit.

7. The annual assessment rates are $3.00 per paid occupied room per night on hotels and motels and $4.50 per paid occupied unit per night on all of the following under management contracts: timeshares, condos, triplexes, duplexes, park model cabins, RVs, and homes.

Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days. The assessment rate will automatically increase in year two 2020-21) by one dollar ($ 1.00) on both assessment rates. The new rates in 2020-21 will be

4.00 per paid occupied room per night on hotels and motels and $5.50 per paid occupied unit per night on all of the following under management contracts: timeshares, condos, triplexes, duplexes, park model cabins, RVs, and homes. Starting in the fifth year (2023- 24), the assessment rate for hotels and motels and all of the following under management contracts: timeshares, condos, triplexes, duplexes, park model cabins, RVs, and homes, may be increased by one additional dollar ($ 1.00) during the remaining term of the SLTTID.

8. Lodging businesses within the boundaries of the SLTTID that begin operation after the renewal of the SLTTID shall be subject to the assessment. The City of South Lake Tahoe shall be responsible for collecting the assessments from lodging businesses subject to the assessment.

9. The assessments for the entire SLTTID will total approximately $ 2,705,000 in year one (1).

10. The assessments shall be used for the purposes set forth in the above recitals and as outlined in the Management District Plan dated March 26, 2019. Any funds remaining at the end of any year may be used in subsequent years in which SLTTID assessments are levied if they are used consistent with the requirements set forth herein.

11. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the SLTTID; to provide activities or improvements outside the SLTTID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Management District Plan. Notwithstanding the foregoing, DocuSign Envelope ID: C2D8392F-6782-4D75-BAA4-EBE69D34201E 201
Resolution 2019-059 August 6, 2019 Page 4 of 4
improvements and activities that must be provided outside the SLTTID boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the SLTTID.

12. The assessments to fund the activities and improvements for the SLTTID shall be collected in accordance with Streets and Highways Code 36631 and the Management District Plan.

All delinquent payments for assessments levied herein shall be charged interest and penalties in accordance with the Management District Plan.

13. The City Council, through adoption of this Resolution and the Management District Plan, has the right pursuant to Streets and Highways Code § 36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the SLTTID as defined in Streets and Highways Code § 36612. The City Council has determined that the South Lake Tahoe Tourism District Corporation ( SLTTDC) shall be the SLTTID Owners’ Association.

14. The SLTTDC shall, pursuant to Streets and Highways Code 36650, prepare an annual report for each fiscal year.

15. No bonds shall be issued to fund the SLTTID.

16. The exterior boundaries of the SLTTID shall be the city limits of the City of South Lake Tahoe as depicted on the map shown in the SLTTID Plan – Section IV.

17. Businesses within the District are subject to any amendments to the California Streets and Highways Code, Division 18, Part 7 (commencing with Section 36600)

18. The City Manager, or his designed, is directed to take all necessary actions to complete the establishment of the SLTTID and to levy the assessments.

19. The City Clerk is directed to record in the El Dorado County Recorder’ s Office a notice and assessment diagram, as required by Streets and Highways Code 36627. The text of the recorded notice shall state that the assessment is levied only against lodging businesses within the area of the SLTTID.

20. The resolution shall take effect immediately upon its adoption by the City Council and the collection of the increased assessments commencing on December 18, 2019.

Adopted by the City of South Lake Tahoe City Council on August 6, 2019 by the following vote:

Yes: Bass, Collin, Middlebrook and Wallace

Absent: Laine
Date:____________
Jason Collin, Mayor Pro Tem
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.

DocuSign Envelope ID: C2D8392F-6782-4D75-BAA4-EBE69D34201E 8/ 9/ 2019
202
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 17
Agenda Item: Memorandum of Understanding with California Tahoe Conservancy on Defensible Space and Fuels Management
Executive Summary: Since the Angora Fire in 2007 there has been a concerted effort to address fuels management in the Tahoe Basin. Funding, environmental compliance and jurisdictional issues have often slowed that process; however, the cooperative efforts of groups like the Tahoe Fire and Fuels Team have seen great success. The issue of how to address fuels management on federal, state, local and private lands often gets complicated. With that in mind, South Lake Tahoe Fire Rescue and the California Tahoe Conservancy (CTC) have been working diligently over the last several months to build an agreement which allows for effective fuels management on CTC lands and will create a joint effort to address all parcels in the city, regardless of ownership, in a consistent manner.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor to execute a Memorandum of Understanding with the California Tahoe Conservancy regarding defensible space and fuels management.

Responsible Staff Member: Jim Drennan, Fire Chief
Responsible Staff Member: Jim Drennan, Fire Chief (530) 542-6152 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - California Tahoe Conservancy MOU.docx 02-Memorandum of Understanding with California Tahoe Conservancy 203
Council Agenda Report November 15th, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: Memorandum of Understanding with California Tahoe Conservancy Location: Citywide
Responsible Staff Member: Jim Drennan, Fire Chief (530) 542-6152 Background: Over the last several decades we have all witnessed the destruction from wildfire across the western states. Here in the Tahoe Basin we have been directly impacted by the Gondola Fire, the Angora Fire, the Emerald Fire and just last year the Caldor Fire. For the most part fuels management in the Tahoe Basin has been handled largely by State and Federal agencies. Several Fire Districts around the lake have also built prevention and fuels management programs which have been successfully implemented. Cooperative efforts such as the Tahoe Fire and Fuels Team have made great strides coordinating efforts among the various agencies in order to increase efficiency and leverage federal and state dollars to tackle the massive amount of work needed in the Tahoe basin. As is common in the Basin, there are jurisdictional and regulatory challenges which we deal with on a fairly regular basis. At times the mission of those regulatory agencies and the fire districts are not always in line. While methodologies around fuels management may differ from agency to agency the intent of creating fire resilient communities is universal.

Issue and Discussion: Land ownership in the City of South Lake Tahoe has created some challenges with mitigation efforts. As an example, there are federal, state, local and privately owned urban lots. Public Resources Code section 4291 is a state fire code which determines defensible space requirements for all lands within a certain distance from structures. The mission of CTC is to preserve lands where possible and but fire safety is also an important priority. There is a perception by some homeowners that CTC lots represent an unnecessary risk to the community and that the CTC does not “maintain” their lots. This is simply not the case.

Over the last several months staff from South Lake Tahoe Fire Rescue and the CTC have been meeting regularly to build a working relationship to address fuels management on all lots within the City and specifically how to work cooperatively and complete work on CTC-owned urban lots. The CTC has been working diligently throughout the Tahoe Basin on fuels management for years and despite the massive amount of work to do, they have made significant progress. It is the combined goal of both the CTC and the City to conduct effective fuels management throughout the region but specifically on all properties within City limits. In order to do that we need to work from the same set of rules and make continuous progress on priority areas.

The item before you today is the result of a concerted effort by both the CTC and the Fire Department. The MOU presented will provide clear direction for both agencies to work together. It is the intention to begin a steady messaging campaign and transparent process which allows the community to see exactly what work has been done, is currently being completed and is planned 204
Council Agenda Report November 15th, 2022 Page 2 of 2
in the futureStaff recommends that Council approve the presented Memorandum of Understanding (MOU) with the California Tahoe Conservancy.

Financial Implications: There are no direct financial implications of signing the submitted MOU. Fuels management is an ongoing effort by the Fire Department. Any future requests for funding those efforts would be brought before Council.

Environmental Considerations: The MOU is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15301(h) (Existing Facilities – maintenance of existing landscaping and native growth), 15304(i) (Minor Alterations to Land – fuel management activities within 100 feet of structures).

Policy Implications: The MOU advances Priority 5.1 (Public Safety) in the Strategic Plan 2021-2026.
205
1 MEMORANDUM OF UNDERSTANDING

BETWEEN
the CALIFORNIA TAHOE CONSERVANCY
AND
the CITY OF SOUTH LAKE TAHOE
This Memorandum of Understanding (“MOU”) is entered into this ____ day of _____, 2022 (“Effective Date”), between the California Tahoe Conservancy, an agency of the State of California (“Conservancy”) and the City of South Lake Tahoe (“City”), as may also be referred to throughout this MOU as “Party” or collectively as “Parties”.

RECITALS
WHEREAS, the Conservancy is a landowning state agency with the mission to lead California’s efforts to restore and enhance the extraordinary natural and recreational resources of the Lake Tahoe Basin, including improving forest health and reducing risks from wildfire on Conservancy lands;
WHEREAS, the Conservancy owns approximately 800 real properties located in the City of South Lake Tahoe, El Dorado County, California and manages those parcels pursuant to its standards and statutory obligations;
WHEREAS, the Conservancy implements treatments on Conservancy open-space lots in residential areas to complement the defensible space treatments on adjoining private property.

The treatments are also designed to improve and maintain forest health, water quality, and wildlife habitat, consistent with the Conservancy’s enabling legislation and the purpose of acquisition for most parcels;
WHEREAS, the City provides fire safety services for the population within its jurisdiction, including all risk emergency and nonemergency services such as fire suppression, emergency medical services, public education and limited fire prevention, within the City’s jurisdiction; WHEREAS, most of land within the City’s jurisdiction has been officially designated as a very high fire hazard severity zone as of October 3, 2019, pursuant to the City’s Ordinance No. 2019- 1131;
WHEREAS, the City identifies and manages fire hazards within the City limits pursuant to South Lake Tahoe City Code Title 5 (Fire), and more specifically as it relates to this MOU, Chapter 5.10 (Fire Protection) and Chapter 6.8, of Title 5, Division 1, Part 1 of the Government Code (Government Code sections 51175-51189);
WHEREAS, Public Resources Code (PRC) section 4291 generally prescribes California’s requirements for defensible space in certain areas, which includes lands within the City; WHEREAS, the City and the Conservancy recognize the need to work closely and cooperatively with each other to advance and prioritize neighborhood-wide community fire protection to ensure fire safety for the community; and
206
2 WHEREAS, the City and the Conservancy will endeavor to coordinate fuels projects and share resources. Examples of this work include but are not limited to, future contractual agreements, such as fuels reduction crew work and other related services; NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises, covenants, and conditions of the Parties as hereinafter set forth, the Parties agree to take the following actions for the purpose of coordinating defensible space efforts within City limits.

PURPOSE
Purpose. The purpose of this MOU is to memorialize a cooperative relationship between the Parties and establish joint strategies as they pertain to fuels reductions, land management and defensible space activities on public and private land with City limits in order to effectively address fire safety in the City.

DEFENSIBLE SPACE AND FUELS TREATMENT COORDINATION

1. Joint Project Prioritization. The Parties agree to meet on a regular basis throughout each year to identify defensible space and fuel treatment needs on Conservancy-owned lands, City-owned lands, and on privately-owned properties within the City’s jurisdiction. The Parties shall coordinate treatment planning efforts to best effectuate forestry management best practices and account for defensible space needs. The Conservancy will make all reasonable efforts to accommodate the City’s priorities including neighborhood-wide community protection projects, subject to the Conservancy’s requirements for managing its lands. Additionally, the City and the Conservancy will endeavor to coordinate fuels projects and share resources. Examples of this work include but are not limited to, future contractual agreements, such as fuels reduction crew work and other related service.

2. Treatment Standards. When appropriate, the Parties will meet and discuss proposed treatments for Conservancy and non-Conservancy parcels. The Parties will communicate in good faith to develop mutually agreeable treatment plans, including treatment standards and timing of treatment. The Parties acknowledge that each Party retains decision-making authority over its respective parcels, and if a dispute over treatment plans for a particular parcel or parcels arises, the Parties agree to use the dispute resolution process in Section 11.

The Conservancy and the City shall use the generally agreed-upon standards for treatment as listed below, subject to change based on site-specific conditions and best available science:
 Generally, the Parties will design hand-thin treatments to be functional for a ten-year period and mechanical treatments to be functional for a 15- to 20-year period.  Generally, the Parties will focus vegetation removal on ladder fuels (vegetative fuels that can spread a fire vertically between or within a fuel type).  Generally, the Parties will maintain residual trees to create or maintain 10' average crown spacing.
 Generally, the Parties will not remove natural accumulations of pinecones or needles. 207
3  Generally, the Parties will not remove healthy, deciduous vegetation (such as willow, alder, and aspen) located in riparian areas.

3. Communication and Coordination.
a. Inspections. Each Party shall adhere to its own inspection procedures for the parcels within the Party’s jurisdiction. The Conservancy inspects its open space parcels biennially for management issues such as hazard trees and hazard fuels. The City regularly performs defensible space inspections on private parcels within its jurisdiction.
b. Work Orders. The Conservancy will provide status updates for work undertaken pursuant to this MOU every six months.
c. Reports on Conservancy Parcels. Citizen complaints or reports made to the City about Conservancy parcels will be communicated promptly and directly by the City to the Conservancy. The City may report issues on Conservancy lands directly to the Conservancy via webform at https://tahoe.ca.gov/report-an-issue/, or via email, phone, or any other agreed-to means. The City may also direct citizens to report issues directly to the Conservancy. After a report is received, the Conservancy will follow up with an inspection and provide the City with the results of the inspection, including any resulting work orders, the nature of the work orders, and the anticipated timing for completing the work.
d. Reports on Non-Conservancy Parcels. Any complaint or report received by the Conservancy regarding City or private property within the City will be promptly and directly communicated to the City Manager by the Conservancy, for the City’s sole assessment and management of the issue reported. The Conservancy may also direct citizens to report issues directly to the City.

ADDITIONAL PROVISIONS

4. Term. The term of this MOU shall be 15 years from the Effective Date.

5. Extension and Amendment. This MOU may be extended or amended as necessary by mutual consent of the Parties by execution of a written amendment signed and dated by all Parties. This MOU will be reviewed by the Parties every 3 years and extended if necessary.

6. Termination. Any Party may terminate its participation in this MOU by providing ninety (90) days’ written notice to the other Party.

7. Other Related Agreements. This MOU in no way restricts the involved Parties from participating in similar understandings and/or activities with other public or private agencies.

8. Public Documents. Information provided to any government agency pursuant to this MOU may be subject to state law including but not limited to the Public Records Act (Government Code Section 6250 et. seq).
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4 9. Indemnification. To the furthest extent allowed under State law, each Party shall defend, indemnify, and hold harmless each of the other Parties, their officers, employees and agents from any and all liability, loss, expense (including reasonable attorneys’ fees) or claims for injury or damages arising out of the performance of this MOU but only in proportion to and to the extent such liability, loss expense, attorneys’ fees, or claims for injury or damages are caused by or result from the sole and active negligent or intentional acts or omissions by the indemnifying Parties. This provision shall survive the termination or expiration of this MOU.

10. No Funding Obligation. No funds shall be owed, due, payable to or from either Party pursuant to this MOU and there is no cost or resource sharing contemplated in this MOU.

Specific work projects or activities that involve the transfer of funds, services, or property among the signatories to this MOU will require execution of separate agreements and be contingent upon the availability of appropriated funds. Such activities must be independently authorized by appropriate statutory authority. This MOU does not provide such authority.

Negotiation, execution, and administration of each such agreement must comply with all applicable statutes and regulations.

11. Dispute Resolution. In the event of any dispute arising under this MOU, the Parties agree to notify the other Party in writing of the nature of the dispute, at which time the City Manager and Executive Director of the Conservancy shall work together in good faith to resolve any dispute by negotiation.

12. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed an original.

13. Governing Law. This MOU must be construed according to its fair meaning and as if prepared by all Parties. This MOU must be construed in accordance with the laws of the State of California in effect on the Effective Date. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of El Dorado.

14. Notices.

To the City of South Lake Tahoe
Attn: Joseph Irvin
City Manager
[email protected]
1901 Lisa Maloff Way
South Lake Tahoe, CA 96150
With copy to:

Heather Stroud
City Attorney
[email protected]
1901 Lisa Maloff Way, Suite 300
209
5 South Lake Tahoe, CA 96150
To the California Tahoe Conservancy
Attn: Jason Vasques
Executive Director
[email protected]
1061 Third Street
South Lake Tahoe, CA 96150
with copy to:

Michael Steeves
General Counsel
[email protected]
1061 Third Street
South Lake Tahoe, CA 96150
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed as of the date first written above.

CITY OF SOUTH LAKE TAHOE
By:________________________
Devin Middlebrook
Mayor
Approved as to form:

By:_________________________
Heather Stroud
City Attorney
Attest:

By:________________________
Susan Blankenship
City Clerk

CALIFORNIA TAHOE CONSERVANCY
By:__________________________
Jason Vasques
Executive Director
210
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 18
Agenda Item: Creation of South Lake Tahoe Fire Department South Shore Fuels Reduction Program and Related Actions
Executive Summary: South Lake Tahoe Fire Rescue intends to establish a Fire Department fuels reduction program under the direction of the Fire Marshal to address a growing need to help the community reduce fuels and establish defensible space from vegetation increasing the protection of people, structures, and the community. The South Lake Tahoe Fire Department will utilize the Fire Prevention Fuels Crew to establish a curbside chipping program within the community and organize fuels reduction projects with other city departments based on their needs.

Requested Action / Suggested Motions: Pass a Resolution approving creation of the South Shore Fuels Reduction Program, purchase of a Chevy 5500 Chipper truck with tools and build up, Chipper, and the hiring of 4 personnel to form a Fire Department fuels reduction chipper crew in the total amount of $392,987.

Responsible Staff Member: Jay Manning, Battalion Chief
Responsible Staff Member: Jim Drennan, Fire Chief (530) 542-6152 and Jay Manning, Battalion Chief (530) 542-6164
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - South Shore Fuel Reduction.docx
02-Resolution - South Shore Fuels Reduction Funding.docx 03-Knapheide-Forestry-Bodies-E-Literature_201912-1.pdf
04-Brush Chipper
05-Vermeer Chipper Quote.pdf
06-Champion Chevrolet Chipper Truck Quote-Reno.pdf
07-Roseville Chevrolet Quote
08-Future Chevrolet Quote
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Council Agenda Report November 15, 2022 1
City of South Lake Tahoe
Report to City Council
Meeting Date: November 15, 2022
Title: South Lake Tahoe Fire Department South Shore Fuels Reductions Program Location: Citywide
Responsible Staff Members: Jim Drennan, Fire Chief (530) 542-6152 and Jay Manning, Battalion Chief (530) 542-6164
Background: One year ago, the world watched as the Caldor Fire ignited in the Sierra Nevada foothills and burned up and over the rocky crest of the mountains to the southern shores of Lake Tahoe—impacting communities and landscapes along its path. A year later, some lessons are clear. What we do before wildfires ignite can make all the difference on the ground. Landscape-level fuel reduction done before the Caldor Fire played a critical role in protecting natural areas like the Caples Creek watershed while defensible space in the wildland urban interface was pivotal for mountain communities like Sly Park, Pollock Pines & South Lake Tahoe specifically in Christmas Valley. Fuels reduction activities are a key tool for fire fighters, land managers, and property owners.

These activities include the removal or reduction of overgrown vegetation through the use of prescribed fire, tree thinning, pruning, chipping, and roadway clearance, among others.

The purpose of any fuels reduction projects is to reduce and rearrange the vegetation, creating breaks in fuel continuity that change fire behavior, reduce negative ecosystem impacts and enable fire fighters to protect communities. Fuels reduction projects are planned, implemented and funded through partnerships and grants.

Since the Angora Fire in 2007 there has been a concerted effort to address fuels management in the Tahoe Basin. Funding, environmental compliance and jurisdictional issues have often slowed that process; however, the cooperative efforts of groups like the Tahoe Fire and Fuels Team have seen great success. The issue of how to address fuels management on federal, state, local and private lands often gets complicated.

While fuels reduction is an important part of the strategy to create forest resilience and community preparedness, defensible space inspections, home hardening, emergency evacuation planning, fire prevention education, fire hazard severity mapping, landscape scale forest health treatments, and fire-related law enforcement activities are equally important in the effort to create wildfire prepared communities. Fuels reduction is a fire management and forest health activity that alters vegetation and changes the composition 212
Council Agenda Report November 15, 2022 2
of fuels. Fuels reduction projects favor keeping larger, more fire-resistant trees, reduce or rearrange surface fuels (dead and downed vegetation), and remove ladder fuels, which can cause fire to move from the ground into the crowns of trees. The goal of fuels reduction is to change fire behavior and minimize potential negative impacts of future wildfires, by either creating conditions that mimic the role of low intensity fire that once naturally thinned the forest, or to aid firefighters in protecting communities during wildfires, or both. Healthy forests are more resilient to fire, drought, pests and disease.

With that in mind, the Fire Department is committed to reducing wildfire risk on the south shore by building a fuels management program which includes a chipping crew. This resource would be initially funded by the City through Measure S funds to initiate the program.. The program could then be available for contract work throughout the City to mitigate fuels on state, federal, and other local agency land; potentially reimbursing the initial investment and ongoing costs.

There is considerable funding available through the CTC as well as other state and federal grant sources that could be applied for once the program is developed.

Discussions with California Tahoe Conservancy (CTC) and Tahoe Resource Conservation District (TRCD) seem promising for future funding, potentially compensating up to six years out. Should this funding be awarded, staff estimates a breakeven point for this initial outlay, after three years. In addition to treating city lands, this program could provide fuel management and treatment to other areas throughout the Tahoe Basin, charging a fee for the service. This could provide a revenue stream to offset future operation and maintenance of the equipment and other program costs.

Issue and Discussion: South Lake Tahoe Fire Rescue intends to establish a Fire Department fuels reduction program under the direction of the Fire Marshal to address a growing need to help the community reduce fuels and establish defensible space from vegetation increasing the protection of people, structures and the community. The South Lake Tahoe Fire Department will utilize the Fire Prevention Fuels Crew to establish a curbside chipping program within the community and organize fuels reduction projects with other city departments based on their needs.

South Lake Tahoe Fire Rescue will be identifying target hazard areas annually where they plan to inspect whole neighborhoods within the city. SLTFR will be working closely with the California Tahoe Conservancy, Tahoe Resource Conservation District, USFS and additional partners within the south shore and look to align and prioritize work with their staff.

SLTFR Fire Prevention Fuels Crew members will help coordinate outreach and education to target neighborhood leaders and establish Fire Adapted Communities within the targeted neighborhoods within the community. South Lake Tahoe Fire Rescue will also be encouraging these FAC’s to become recognized FIREWISE communities as well.

Staff is seeking program approval, purchasing approval, and budget appropriation from Measure S Sales Tax fund for staffing costs and purchase of program equipment. The 213
Council Agenda Report November 15, 2022 3
program is proposed with a total of four crew members – one Seasonal Fuels Crew Lead and three Seasonal Fuels Crew Member positions, with salary levels mirroring the City’s Seasonal Maintenance Technician III and Maintenance Lead positions. Staff will continue developing job descriptions for the new positions and once completed, the hiring process will be initiated. The total anticipated payroll cost for a six-months seasonal fuels crew program staffing is between $117,237 and $123,094, including seasonal employee benefits with an additional $9,760 for personal protective equipment (PPE).

Staff is also seeking approval to purchase and authorize the City Manager to approve a Purchase Order for a Chevy 5500 Chipper truck with tools and build up, as well as a Chipper for a total amount of $265,988.65. Staff received three bids for a 2022 4WD Chipper Truck, as noted in the table below and is seeking approval to issue a Purchase Order to Champion Chevrolet as the lowest responsible bid in the amount of $111,564.00.

Staff has located a Vermeer Chipper through a Sourcewell Cooperative Contract and is seeking approval to issue a Purchase Order to RDO Equipment Co. through Sourcewell Contract# 050119-VRM in the amount of $127,424.85. Fleet services also has extensive experience with Vermeer equipment. Staff will purchase vehicle upfit and various tools and equipment as well as Personal Protective Equipment for staff as allowable through appropriate purchasing procedures.

Vendor Proposed Vehicle Price Tax

8.75%
Other costs TOTAL
Champion
Chevrolet
800 Kietzke
Lane
Reno, NV
2022 Chevy CK56
43-4WD HD
Chassis Crew
Cab- Knapheide
12’ Forestry Body
with L Pack
$102,580.00 $8,975.75 $8.25 Drive
out fee
$111,564.00
Future
Chevrolet
4811 Madison
Ave.

Sacramento,
CA
2022 Chevy CK56
43 4WD HD
Chassis Crew Cab
– Scelzi wood
chipper
$114,111.00 Included in
quote
$139.00
DMV fee
and
($1,000)
Rebate
$113,250.00
Roseville
Chevrolet
350 Automall
Dr.

Roseville, CA
2022 Chevy CK56
43-4WD HD
Chassis Crew Cab
– 12’ Knapheide
Forestry Body L
Pack
$103,707.00 $9,074.36 N/A $112,781.36
Financial Implications:

Staff is seeking approval to amend the budget to transfer a total of $392,987 from Measure S Sales Tax fund to Fire Support Services for the following:

Chevy 5500 4x4 Chipper Truck: $111,564.00
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Council Agenda Report November 15, 2022 4
Vehicle Upfit (Radios, Equipment and Tools): $27,000.00 Chipper: $127,424.65
Salaries: $103,750
Benefits (13%): $13,488
Personal Protective Equipment (PPE): $9,760.00
Upon approval, funds should be appropriated into the Fiscal Year 2022-23 budget as follows:

Transfer from Measure S: account # 102-01511-50001 of $392,987 Transfer to Fire Support Services account# 100 02240-36374 of $392,987 and allocated as follows:

Expense 41020: Temporary/Part time $103,750.00
41XXX: Benefits Total $13,488.00
46120: PPE costs $9,760.00
46130: Vehicle Purchase $238,989.00
46120: Equipment and Tools $27,000.00
Environmental Considerations: The proposed action is not approval of a “project” requiring environmental review under the California Environmental Quality Act (CEQA) under CEQA Guidelines sections 15352 because it does not commit the City to a definite course of action in regard to any project and 15378(b)(2) because continuing administrative activities such as purchases for supplies and personnel-related actions are not a project.

Policy Implications: CSLT Procurement Policy 2022, section 1.9 Cooperative Purchasing states: “Where another governmental agency performs a solicitation and/or bid process for the City and/or multiple agencies or jurisdictions, and where the purchase of materials, supplies and equipment is based upon an agreement or cooperative purchasing program pursuant to authority granted by statue or ordinance, pursuant to contractual arrangement between the city and said governmental agency, or pursuant to a determination by the City Manager that the governmental agency conducted a competitive bidding process, the City may purchase materials, supplies, and complying with the bidding requirements of this policy (ex: CMAS, NASPO, GMAS, SOURCEWELL) (SLTCC § 3.45.090).” 215
Resolution 2022-XXX November 15, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
November 15, 2022
Approving South Lake Tahoe Fire Department South Shore Fuels Reduction Program and Funding

BACKGROUND
A. One year ago, the world watched as the Caldor Fire ignited in the Sierra Nevada foothills and burned up and over the rocky crest of the mountains to the southern shores of Lake Tahoe—impacting communities and landscapes along its path.

B. While fuels reduction is an important part of the strategy to create forest resilience and community preparedness, defensible space inspections, home hardening, emergency evacuation planning, fire prevention education, fire hazard severity mapping, landscape scale forest health treatments, and fire-related law enforcement activities are equally important in the effort to create wildfire prepared communities.

C. Fuels reduction projects favor keeping larger, more fire-resistant trees, reduce or rearrange surface fuels (dead and downed vegetation), and remove ladder fuels, which can cause fire to move from the ground into the crowns of trees. The goal of fuels reduction is to change fire behavior and minimize potential negative impacts of future wildfires, by either creating conditions that mimic the role of low intensity fire that once naturally thinned the forest, or to aid firefighters in protecting communities during wildfires, or both. Healthy forests are more resilient to fire, drought, pests and disease.

D. The Fire Department is committed to reducing wildfire risk on the south shore by building a fuels management program which includes a chipping crew and equipment. This resource would be initially funded by the City through Measure S Sales Tax funds to initiate the program. The program could then be available for contract work throughout the Tahoe Basin to mitigate fuels on state, federal, and other local agency land; potentially reimbursing the initial investment and ongoing costs.

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

1. Approves the creation of the South Lake Tahoe Fire Department south shore fuels reduction program.

2. Approves the purchase of a Chevy 5500 Chipper Truck per quote from Champion Chevrolet in the amount of $111,564.00

3. Approves the upfit and tools for the chipper truck in an amount up to $27,000.00

4. Approves the purchase of a Vermeer 1800XL Chipper per quote from RDO Equipment in the amount of $127,424.65

5. Approves the funding for 4 Temporary Seasonal positions at Seasonal MT III and MT Lead Salary levels (one Seasonal Fuels Crew Lead and three Seasonal Fuels Crew Members) and the purchase of personal protective equipment for the total amount of $126,998 as described in the staff report.
216
Resolution 2022-XXX November 15, 2022 Page 2 of 2

6. Appoints City Manager or a designee to authorize Purchase Orders, conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project.

7. Authorize the Finance Director to appropriate the funds into the Fiscal Year 2022-2023 budget as follows:

Transfer from Measure S: account # 102-01511-50001 of $392,987 Transfer to Fire Support Services account# 100 02240-36374 of $392,987 and allocated as follows:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Mayor Devin Middlebrook
Attest:
_________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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FORESTRY BODIES
218
2 KNAPHEIDE

FORESTRY BODIES
The Knapheide Forestry Body is America’s premier chipper body packed with industryleading features to help you get the job done.

When looking for your next forestry body, choose Knapheide, the most trusted name in the industry.

FORESTRY BODIES
219

FORESTRY BODY
Engineered and built for ground or aerial
applications, all Knapheide Forestry Bodies are
fully immersed in our exclusive electrodeposition
prime paint system for superior corrosion
resistance. Smooth side panels allow for maximumsized company graphics to easily be applied. All Knapheide Forestry Bodies feature LED lighting for
longevity and low maintenance.

POPULAR VOCATIONS
3 LANDSCAPING/

TREE CARE
220
2 PRODUCT FEATURES 4
G
A. 14-GAUGE GALVANNEAL

SMOOTH PANELS
are excellent for advertising graphics
D. LADDER BOX
with full length pole pruner shelf
and lockable access door on
curbside
C. PUNCHED VENTS
in upper side panels
B. 14-GAUGE GALVANNEAL

ROOF PANEL
reinforced with integrated formed hat
sections
E. 24” TALL, 16-GAUGE
GALVANNEAL, DOUBLEPANEL TAILGATE
swings open 270 degrees and latches
in the open position
F. RECESSED LED LIGHTS
to meet DOT standards
G. STROBE LIGHTS
on front and rear of body

ELECTRODEPOSITION

PRIME-PAINT SYSTEM
provides superior corrosion
resistance

FEATURES NOT SHOWN

BODIES ARE FULLY

PROTECTED WITH
KNAPHEIDE’S WATERBASED UNDERCOAT

FLOOR IS CONSTRUCTED
OF 7” STRUCTURAL LONG
SILLS, 12-GAUGE FLOOR
PLATE AND 3” STRUCTURAL

CHANNEL CROSS SILLS
Note: Body may be shown
with optional equipment
221

MODEL OPTIONS

FORESTRY BODIES
5 Visit knapheide.com/quote and fill
out the form to receive a quote
and additional product information.

REQUEST A QUOTE
*Notched bodies include a 24” cutout for storage pack

MODEL BODY

LENGTH STYLE MINIMUM RECOMMENDED CHASSIS GVWR
TOTAL

CAPACITY
USABLE

CAPACITY

EXTERIOR
LENGTH

INTERIOR
HEIGHT
NET
WEIGHT
KFBN-1166 11’ Notched 19,500 lb. 15 yd. 13 yd. 135” 66” 2,137 lb.

KFBN-1266 12’ Notched 19,500 lb. 17 yd. 15 yd. 147” 66” 2,313 lb.

KFBS-1266 12’ Straight 19,500 lb. 18 yd. 16 yd. 147” 66” 2,454 lb.

KFBN-1472 14’ Notched 19,500 lb. 21 yd. 19 yd. 171” 72” 2,804 lb.

KFBS-1472 14’ Straight 19,500 lb. 22 yd. 20 yd. 171” 72” 2,959 lb. 222
6 POPULAR OPTIONS

FORESTRY
CHOCK

HOLDERS

COAL TAR

INTERIOR
CONE
HOLDER
NOT PICTURED:
- Rear Barn Doors
- Hitch
223
7 Visit knapheide.com/quote and fill
out the form to receive a quote
and additional product information.

REQUEST A QUOTE

COMPATIBLE HOISTS

MODEL MINIMUM HOIST

MODEL CAPACITY PUMP DRIVE
KFBN-1166 KHA-1516SF-ED 8.6 tons Elec/DA
KFBN-1266 KHA-1516SF-ED 8.6 tons Elec/DA
KFBS-1266 KHA-1520SF-ED 8.6 tons Elec/DA
224

FORESTRY BODY STORAGE PACK
• One full width shelf is 54” long, centered side
to side
• Three combination stationary/swivel hooks are
mounted in the curbside compartment
• Recessed hinges create a pry resistant
compartment
• Electrodeposition prime-paint system provides
superior corrosion resistance
• L-Pack lower copartment has no interior wall for full width utilization between both compartments
• All packs include 3 point T-Handles and master lock
system to ensure equipment is safely stowed away
8 POPULAR OPTIONS
225

MODEL STYLE PACK
LENGTH
PACK

WIDTH HEIGHT UNDERBODY BOX DEPTH

UNDERBODY

BOX WIDTH

UNDERBODY

BOX HEIGHT WEIGHT
KPF-944850 L-Pack 94” 48” 50” 20” 24” 24” 598 lb.

KPF-945450 L-Pack 94” 54” 50” 20” 30” 24” 610 lb.

KPF-946050 L-Pack 94” 60” 50” 20” 36” 24” 636 lb.

KPFI-24 I-Pack 94” 24” 50” N/A N/A N/A 455 lb.
9 Visit knapheide.com/quote and fill
out the form to receive a quote
and additional product information.

REQUEST A QUOTE

STORAGE PACKS
226

COMMITMENT TO

CORROSION

RESISTANCE
Corrosion won’t be a concern when you buy quality Knapheide products. To give you the best corrosion protection, we utilize a state-of-the-art, custom-designed, 12-step, SST cathodic electrodeposition finishing system, called “E-Coat.”
It bonds prime paint to steel by an electroplating process to give you a superior coat of primer, resulting in better corrosion protection compared to spraying methods.

This system allows us to create products with the highest level of corrosion resistance available.

LIKE US
TAG US
10 COMMITMENT TO

CORROSION

RESISTANCE
227

TO LEARN MORE VISIT
www.knapheide.com/warranty

SIX YEAR,

LIMITED TIME

WARRANTY

NO RUST

THROUGH

DOOR HINGES

WILL NOT FAIL OR

COME OFF BODY

LATCHES AND LOCK

CYLINDERS WILL NOT

FAIL TO OPERATE

SHELVES WILL NOT
BEND UNDER MAX.

LOAD OF 250 LBS.
11 228
The Knapheide Manufacturing Company
1848 Westphalia Strasse | Quincy, IL 62305
217-222-7131
www.knapheide.com
If you are going to be a leader, it takes more
than building a high-quality product. It means
never being totally satisfied with that product,
no matter how high quality it may be. It requires
constant vigilance and a willingness to take
a chance on something new. And it means
exceeding expectations every time. As the
industry changes, one thing never will—our
commitment to making customers like you as
productive and efficient as possible. We know
you don’t settle, and we don’t either. That’s why
we want you never to settle for anything less
than Knapheide on the back of your truck.

KNAPHEIDE. NEVER SETTLE.

NEVER SETTLE
© The Knapheide Manufacturing Company 2022
E-LITERATURE // FORESTRY // 0322
Specifications subject to change without notice.
229
CHIPPING PRODUCTIVITY. The SmartFeed
system monitors engine rpm and automatically
stops and reverses the feed rollers to enhance
production. This system also senses feed roller
jams and manipulates the material automatically to
reduce the need for manual feed control bar use.

TAKE CONTROL. With the standard Tree
Commander™ remote control, jobsite productivity is
improved by allowing the operator to control brush
chipper functions remotely. The remote can be
attached to the operator’s belt or held in an optional
bracket mounted directly to the operator’s station of
a Vermeer mini skid steer.

SMOOTH FEEDING. Vertical feed rollers with
helical cleats help hold material fi rmly to the
infeed table, which reduces vibration, shock and
structural loading to the rear of the machine.

OPERATOR SAFETY. Mounted over the feed
table, the four-position upper feed control bar
enables the operator to stop the feed rollers and
select forward or reverse. The patented bottom
feed stop bar is strategically located to make it
possible for an operator’s leg to strike the bar and
shut off the feed mechanism either intentionally
or automatically in an emergency situation.

ECOIDLE™ ENGINE CONTROL SYSTEM.

When the EcoIdle function is selected by the
operator, the engine speed automatically lowers
to a preset rpm after one or fi ve minutes of
inactivity to help reduce fuel consumption when
not chipping material. Due to this idling, noise and
greenhouse emissions are also reduced.

EASILY LIFT HEAVY MATERIAL. An optional
winch allows operators to move large logs effortlessly.

The 150' (45.7 m) winch line has 2000 lb (907.2 kg)
pulling force and can automatically lift the log onto
the feed table. With the chain choker detached it is
also more easily attached to log than hook-on cable
designs.

VERMEER.COM

BRUSH CHIPPER
BC1800XL
230
BC1800XL BRUSH CHIPPER

GENERAL
Length: 177" (449.6 cm)
Height: 107" (271.8 cm)
Width: 78.5" (199.4 cm)
Weight (without winch, hydraulic jack and hydraulic chute):
9600 lb (4354.5 kg)
Weight (with winch, hydraulic jack and hydraulic chute):
9960 lb (4517.8 kg)

CAPACITIES/ELECTRICAL
Fuel tank: 35 gal (132.5 L)
Hydraulic tank: 12 gal (45.4 L)
Max hydraulic flow: 6.3 gpm (23.8 L/min)
DEF tank: 5 gal (18.9 L)
Lights: LED front, rear, side, brake and taillights

CHASSIS/BRAKES
Frame: C channel, 7" x 2.13" (17.7 cm x 5.4 cm)
Tires: 235/75R17.5 load range H
Axle/Suspension: 10,000 lb (4535.9 kg) torsion
Hitch: Pintle

CUTTING SYSTEM
Drum speed: 1100 rpm
Drum dimensions: 36" (91.4 cm) diameter
Drum thickness: .5" (1.3 cm)
Knives: 4 knives – 5.5" x 10" x .625" (14 cm x 25.4 cm x 1.6 cm) Shear Bar: 4-sided – 3" x 20.25" x 1.25" (7.6 cm x 51.4 cm x 3.2 cm) Engagement system: Automotive-style clutch

FEED SYSTEM
Chipping capacity: 19" (48.3 cm)
Infeed opening height: 24" (61 cm)
Infeed opening width: 20" (50.8 cm)
Feed roller orientation: Vertical
Feed table height: 34" (86.4 cm)
Max feed speed: 117 fpm (35.7 m/min)
Feed roller dimensions: (Two) 23.5" x 18" (59.7 cm x 45.7 cm)

DISCHARGE SYSTEM
Discharge height: 107" (271.8 cm)
Degree of rotation: 270°
Vermeer Corporation reserves the right to make changes in engineering, design and specifications; add improvements; or discontinue manufacturing at any time without notice or obligation.

Equipment shown is for illustrative purposes only and may display optional accessories or components. Please contact your local Vermeer dealer for more information on machine specifications.

Vermeer, the Vermeer logo, Equipped to Do More, Tree Commander, Ecoidle and Vermeer Confidence Plus are trademarks of Vermeer Manufacturing Company in the U.S. and/or other countries.

ENGINE OPTION ONE
Make/Model: John Deere Tier 4 Final 4045HFC09
Gross horsepower: 173 hp (129 kW)
Max torque: 492 ft-lb (667.1 Nm)
Fuel type: Diesel
Number of cylinders: 4
PN 180026136

OPTIONS
Extended warranty
Special paint
Planned maintenance
Vermeer Confidence Plus® asset protection program
Winch
Adjustable height discharge chute
06/20
Contact your local Vermeer dealer for engine availability in your region.

ENGINE OPTION TWO
Make/Model: Cummins QSF3.8L Tier 4 Final
Gross horsepower: 130 hp (97 kW)
Max torque: 360 ft-lb (488.1 Nm)
Fuel type: Diesel
Number of cylinders: 4

ENGINE OPTION THREE (INTERNATIONAL)
Make/Model: Cummins QSB4.5L Tier 3
Gross horsepower: 170 hp (127 kW)
Max torque: 460 ft-lb (623.7 Nm)
Fuel type: Diesel
Number of cylinders: 4
231
Investment Proposal (Quote)
RDO Equipment Co.
3980 Research Drive
Sacramento CA, 95838
Phone: (916) 643-0999 - Fax: (916) 643-0998
Proposal for:

CITY OF SOUTH LAKE TAHOE

CORPORATION YARD
1700 D ST
SOUTH LAKE TAHOE, CA, 961506227
Investment Proposal Date:

Pricing Valid Until:

Deal Number:

Customer Account#:

Account Manager:

Phone:

Fax:

Email:
9/15/2022
9/29/2022
1591010
6087002
Christopher Hugen
(916) 643-0999
(866) 306-5036
[email protected]
Equipment Information
Quantity Serial Number
Stock Number
Hours
(approx.)
Status / Year / Make / Model
Additional Items
Cash Price
1 TBD
TBD
0 New 2022 VERMEER BC1800XL $115,929.33
Equipment Subtotal: $115,929.33
Purchase Order Totals
Balance: $115,929.33
CA STATE TAX: $6,955.76
CA COUNTY TAX: $289.83
CA CITY TAX: $1,738.94
CA SPECIAL TAX: $1,159.29
Sales Tax Total: $10,143.82
PrePaid Tax License: $1,348.00
CA Tire Fee: $3.50
Sub Total: $127,424.65
Cash with Order: $0.00
Balance Due: $127,424.65
Equipment Options
Qty Serial Number Year / Make / Model Description
1 TBD 2022 VERMEER BC1800XL BC1800XL015 ~BC1800XL RIGHT SIDE MANUAL

DISCHARGE/CHIP CHUTE
BC1800XL040 ~BC1800XL DOMESTIC 6-WAY ROUND TRAILER
PLUG
BC1800XL093 BC1800XL RIGHT SIDE WINCH OPTION T4i
BC1800XL139 BC1800XL HEAVY DUTY MANUAL JACK
BC1800XL141 BC1800XL EL BR 10K AXLE RAD TIRE - WINCH
BC1800XL147 BC1800XL WITH 173HP JOHN DEERE TIER
4F/STAGE V
BC1800XL153 BC1800XL RIGHT SIDE CONTROLS - JD T4F
(173HP)
BC1800XL155 ~BC1800XL DOMESTIC LED LIGHTS TIER 4 FINAL
BC1800XL38VP BC1800XL DOM. WINCH VALUE PKG. T4F
(173HP)
D1591010 Page 1 of
1 232
233
234
235
Detail Report for Customer

ROSEVILLE CHEVROLET
350 AUTOMALL DR, ROSEVILLE, CA, 95661
916-610-22059166102205
Customer/Company: Sales Consultant: Christopher Kircher Address:

Vehicle #1: 2022 Chevrolet Silverado
Medium Duty
VIN/Order # Total Price including Upfit Stock #
1HTKJPVK2NH083984 $75,212.00 22L0196
Additional Vehicle Information 12ft Knapheide Chipper Body $34,995.00 GM Marketing Information
Body Style: CK56043-4WD HD Chassis Crew Cab
PEG: 1WT-1WT
Primary Color: GAZ-Summit White
Trim: H0U-Cloth, Jet Black, Interior Trim
Engine: L5D-Engine, Duramax 6.6L Turbo-Diesel V8
Transmission: MI0-RDS A1750RDS, PTO, GVWR 19.5K Max, GCWR 37K MAX Options: 01U-Special Color Upper (SEO)
092-Rear Axle, 4.30 Ratio
1WT-1WT
5H1-Single Key System, 2 Spare Keys (SEO)
719-Seat Belt, Black
7Y8-Batteries, Heavy-Duty Dual 1300 CCA
9L3-Spare Tire Delete
9L7-Accessory Electrical Switches
A31-Power Windows
A52-Seats: Front 40/20/40 Split-Bench, Cloth, 3-
Passenger
A68-Seat, Rear 60/40 Folding Bench
AG1-Power Seat Adjuster (Driver's Side)
AKO-Glass, Deep Tinted
AQQ-Keyless Remote Entry
AU3-Door Locks, Power
AY0-Airbags-frontal, front seat and head-curtain
BG9-Floor Covering: Rubberized Vinyl, Black
BTN-Top Post Threaded, Battery Jump Start Stud
Body Manufacturer-Knapheide
Body Type Description-Chipper Truck
C67-Air Conditioning, Manual
C99-Air Bag Deactivation Switch, Front, Passengerside
DPN-Mirrors: Camper Style, Black, Man Fold, Pwr,
Full Featr
E0N-Assist Steps, Aluminum
EM1-Wheelbase 199 Inch 84" CA
F0C-Axle to End of Frame, 49"
F59-Front Stabilizer Bar
FNP-Front Fender Extension, Painted Body Color
FPF-Equipment Emission, Diesel DPF Manual
Regeneration
FTB-Front Axle, 7500 lbs.

FTN-Axle Lubricant, Front, Synthetic
FTO-Axle Lubricant, Rear, Synthetic
FTV-Front Suspension, 7500 lbs.

FU7-Rear Suspension, 15,500 lb, Multi-Leaf
Fuel Type-Diesel
G68-Shock Absorbers, Rear
G86-Axle-Limited Slip
GAZ-Summit White
GZG-GVW Rating, 19,500 Lbs
H0U-Cloth, Jet Black, Interior Trim
HD1-Rear Axle, 15,000 lb
IOB-Radio, 7" Color Screen, Bluetooth, w/ USB Port
JL1-Integrated Trailer Brake Controller
JPY-Air Dryer, Heated
K34-Cruise Control-Automatic, Electronic
K40-Engine Brake-Exhaust
KBK-Transmission Shift Control Calibration,
Performance
KHB-Alternator, Dual, 150 Amp & 220 Amp
KI4-110 Volt Electrical Receptacle, In Cab
KUT-Air Compressor Accessory Drive
L5D-Engine, Duramax 6.6L Turbo-Diesel V8
MI0-RDS A1750RDS, PTO, GVWR 19.5K Max,
GCWR 37K MAX
N12-Exhaust System, Rear Exit
N4C-Emission, 50 State
NSQ-Front and Rear Fuel Tank, 65 Gallon Total
NXG-Additional Fuel, 20 Gallons
NZZ-Skid Plate
On Lot Notes-Summit White 2022 Chevrolet
Silverado 4500HD Work Truck 4WD 6-Speed
Automatic Duramax 6.6L V8 Turbodiesel
P0D-Grille Guard Screen, Insect Protection
PD7-Wheel, Spare, Delete
PTO-Engine Control-Power Take Off (PTO) Controls
PWV-Wheels, 19.5" x 6.75", Aluminum
R6W-34,000 lbs (15,422 kg) GCWR
R7N-5500 HD Series
R9U-GM-AutoBook Order Identifier
SFW-Back-Up Alarm Calibration (SEO)
T3U-Fog Lamps, Front
TR1-Lamps, Rear, Stop
U05-Horn, Dual Note
U2K-SiriusXM Satellite Radio
UDC-Driver Information Center, 3.5" Display
UE1-OnStar Communication System
UQ3-Speaker System, 6
UVC-Rear View Camera System
UY7-Trailering Provisions
UZF-Rear Back Up Alarm
Upfit Condition-New
Upfit Model Description-Silverado 4500
V22-Grille-Radiator, Chrome
V46-Bumper, Front, Chrome
V76-Recovery Hooks
VK3-License Plate Front Mounting Hardware
VV4-Onstar 4G LTE Wi-Fi Hotspot
XMF-Tires, Front 225/70R19.5G Traction, Goodyear
YK6-SEO Processing Option
YMF-Tires, Rear 225/70R19.5G Traction, Goodyear,
G622 RSD
ZY1-Paint, Solid
Disclaimer:

Total Retail Price of Completed Truck $110,207.00
"See Disclosure below"

CHASSIS
09/28/2022
[email protected]
ATTN: Subject to Prior Sale!
Fleet Manager o.916-610-2213
$110,207.00

ADJUSTED RETAIL MARKET PRICE
page #1 OF 2
City of South Lake Tahoe
Attn : Jay Manning
236
GM has tried to make the pricing information provided in this summary accurate. Please refer to actual vehicle invoice, however, for complete pricing information. GM will not make any sales or policy adjustments in the case of inaccurate pricing information in this summary. _______________________________________ 12'Knapheide Forestry Body/L-Pack $34,995.00 PRE TAX TOTAL $103,707.00 + Applicapable State & local fees! Thank you,
Chris Kircher
c.916-765-7630
GM FLEET ACCOUNT PRICING ONLY!
CHASSIS-NET COST $68,711.64
page #2 of 2
Note: Free Delivery!
PO #22L0196 - Agree to Purchase, Authorized Signature _________________________________________ Date:
237

DATE 10-09-2022
QUOTE # CV00211
Future Chevrolet Fleet Services
4811 Madison Ave.

Sacramento CA, 95841
www.futurechevyofsac.com
Dennis McDermit, Fleet Sales
Cell 916.390.9612
Direct 916-338-7324
[email protected]
CUSTOMER NAME Mr. Jay Manning PHONE NUMBER 559-284-5315 ADDRESS South Lake Tahoe Fire Department EMAIL ADDRESS [email protected] YEAR Vehicle VIN/ORDER#/BID#
2022 CHEVROLET 5500 Crew Cab 4X4
Scelzi Wood Chipper Work Truck
CV00211
Item Description:

THIS QUOTE IS FOR A 2022 Chevy 5500 FOUR WHEEL DRIVE WOOD CHIPPER TRUCK WITH SCELZI BODY
• Items included in every purchase from Future Chevy Fleet Center; • Dedicated Dealer Representatives, both Service and Sales • Seamless Paperwork Prior to Delivery
DEALER ASKING PRICE, MSRP $118,702.00
YOUR FUTURE CHEVY FLEET PRICE $114.111.00
Sales Tax N/A
DMV/Title/Fees $ 139.00
REBATES ($ 1,000.00)
TOTAL DUE $113,250.00 DELIVERED TO YOU
238
239
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: November 15,
2022
Agenda Item #: 19
Agenda Item: Agenda Planning Calendar
Executive Summary:

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
Responsible Staff Member:

Reviewed and Approved By:

Attachments:

APC - 11 10 2022.pdf
240
2022 Agenda Planning Calendar (Updated 11 10 2022)
Agenda Item Agenda Section
Dec.13, 9 a.m. City Clerk Resolution Certification of Election Results City Council Re-Organization
Oath of Office
2023 Meeting Schedule
City Council Assignments to Boards and Commissions
League - New Mayors and Council Members Attendance
City Employee Recognitions
City Manager Public Safety Grant
Finance FY 2021-22 Quarterly Fin. Status Report – Quarter Ending 9/2022 Investment Portfolio Report – September 30, 2022 Consent Pub Works California Tahoe Conservancy Proposition 1 Grant Funding Consent Southwest Gas In-Lieu Fee Payment Consent
STR Rate Adjustment NB
Bijou Area Erosion Control Project CFD Annual Report Consent Renewal of EDC License Agreement for stormwater basin Consent Department
241
2022 Agenda Planning Calendar (Updated 11 10 2022)
1/10/2023 City Attny City Code Update For Design/Build Contracts Liberty Franchise Agreement PH
Wellness Contract for Public Safety
Dev Services Housing Fund Revenue Feasibility Study
Event permitting guidelines
3900/3908 Lake Tahoe Blvd DDA UB
Pub Works Bijou Creek Park Project Update
City Attorney Parking Garage License Agreement with Verizon City Attny/PW Amendments to Small Cell Policy
City Clerk Records Management Policy (Updated)
Policy - Use of Personal Devices for City Business
City Council Protocol Updates
City Manager SW Gas Prestentation Renewable Energy Goals Joint Council/TTD Board Mtg
Tesla Charging Station Contract
Unscheduled/Pending
242
2022 Agenda Planning Calendar (Updated 11 10 2022)
Customer satisfaction survey(s)
SEED Solar Photovoltaic Project PPA
Dev Services Amendment to PLHA Grant Use
TCAP Amendment – Montreal
Plan Area Statement Update for Tourist Accommodation Uses Plan Area Statement 111 amendment
Single Room Occupancy Program Amendments
Fire Weed abatement/nusance Program - Defensable Space Policy Parks & Rec Parks Foundation MOU
Bijou Golf Course "Rock the Lake" Event and Review
Public Works Award Contract PD - Community Recource Center Renovations Broadband Master Plan Draft Recommendations
243

South Lake Tahoe City CouncilNovember 15, 2022

South Lake Tahoe City Council
November 15, 2022